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Purpose
The Americans with Disabilities Act prohibits discrimination
against people with disabilities in employment, transportation, public
accommodation, communications, and activities of state and local government.
Telecommunications relay services are established.
Effective Dates
The Americans with Disabilities Act was signed into law on July
26, 1990. Provisions of the law become effective at various times ranging from
30 days to 30 years. Here is a summary:
- Employers with 25 or more workers, July 26, 1992.
- Employers with 15 or more workers, July 26, 1994.
- State and local Government activities, January 26, 1992.
- In general, Public Accommodations must be in compliance
on January 26, 1992.
- Transportation phase-ins for accessibility range from 30
days to 30 years. (See details under transportation.)
- Telecommunication relay services become effective three
years after the effective date of the law.
Employment Requirements
Employers, employment agencies, labor organizations and joint
labor-management committees must:
- Have non-discriminatory application procedures, qualification
standards, and selection criteria and in all other terms and conditions of
employment.
- Make reasonable accommodation to the known limitations of a
qualified applicant or employee unless to do so would cause an undue hardship.
Exceptions
The bill makes exceptions regarding the employment of a person
with a contagious disease, a person who illegally uses drugs or alcohol,
employment of someone by a religious entity, and private membership clubs.
Transportation (Publicly and Privately
Owned)
- All purchase or lease orders for new buses and rail cars must
be for accessible vehicles.
- Paratransit services must be accessible to, and usable by,
people with disabilities. The system must provide a level of service equivalent
to that provided non-disabled persons. The providing entity must ensure that
all persons with disabilities who need the service can use it. The plan must be
submitted by January 26, 1992.
- All demand-response service provided to the general public, and
privately-funded fixed route service, must purchase accessible vehicles only,
unless it can be shown that the service is accessible when viewed in its
entirety. However, all new vehicles which carry more than 16 passengers
purchased by a privately-funded fixed route service must be accessible.
- Newly-purchased over-the-road coaches purchased after July 26,
1996 must be accessible. In the case of small companies, the effective date is
July 26, 1997. The President can extend this for one year further. The bill
commissions a three-year study to determine the best way to provide access to
over-the-road coaches.
- New bus and rail terminals must be accessible. In altered
facilities, the area remodeled must be accessible to the maximum extent
feasible. In major structural alterations, a path of travel to the altered
area, including restrooms and other services located in the area, must be
accessible.
- Key rail stations must be accessible within three years with
extensions available up to 20 years (30 years for some rapid or light rail
stations). Amtrak stations must be accessible in 20 years.
- Within five years, one rail car per train must be accessible.
Public Accommodations
Included is any entity licensed to do business with, or serve, the
public such as hotels, theaters, restaurants, shopping malls, stores, office
buildings and private social service agencies. They must:
- Assure that criteria for eligibility of services do not
discriminate. Auxiliary aids and services are required unless they result in an
undue burden or fundamentally alter the nature of the goods or services.
- Remove barriers from existing facilities when such removal is
readily achievable. If not, alternative methods of making goods and services
available must be provided.
- Make altered facilities accessible to the maximum extent
feasible. In major structural renovations, a path of travel to the altered
area, including restrooms and other services, must be accessible.
- New facilities must be accessible. Generally, other than
health-care facilities and multilevel shopping malls, elevators need not be
provided in buildings with less than three floors, or less than 3,000 square
feet per floor.
State and Local Government
- State or local governments may not discriminate against
qualified individuals with disabilities. All government facilities, services,
and communications must be accessible consistent with the requirements of
section 504 of the Rehabilitation Act of 1973.
Telecommunications Relay Services
Within three years after the effective date of the law, phone
companies serving the public (interstate and intrastate) must provide TTY relay
services for persons with hearing impairments on a 24-hour basis and at no
extra charge.
Enforcement
- The
Equal
Employment Opportunity Commission enforces regulations covering employment.
For information call 1-800-669-4000 Voice, 1-800-669-6820 TTY.
- The
Architectural
and Transportation Barriers Compliance Board has the responsibility to
issue minimum guidelines to ensure that buildings, facilities, and transit
vehicles are accessible and usable by people with disabilities. For information
call 202-872-2253 Voice, 1-800-993-2822 TTY
- The
Department
of Transportation enforces regulations governing transit. For information
call 1-888-446-4511 Voice; use relay service for TTY.
- The
Federal
Communications Commission enforces regulations covering telecommunication
services. For information call 1-888-225-5322 Voice/TTY.
- The
Department
of Justice enforces regulations governing public accommodations and State
and local government services. For information call 1-800-514-0301 Voice,
1-800-514-0383 TTY.
Penalities
Administrative remedies and the right to sue in Federal Court are
available. Attorney's fees for prevailing parties are available. The U.S.
Attorney General can file suits and seek penalties. States can be sued.
About Accommodations
Generally, they are not expensive. Many work-station adaptations
to accommodate a worker with a disability cost little or nothing. From
evaluation of data, the
Job
Accommodation Network, an international information network and consulting
resource for accommodating persons with disabilities in the work place, found
that 19% of the accommodations suggested cost nothing, and 69% cost under $500.
When making an accommodation, consult the individual with
disability. Also, the Job Accommodation Network can provide FREE technical
assistance. Phone JAN at 1-800-526-7234 or 1-800-232-9675 Voice/TTY.
Disability Defined
Anyone with a physical or mental impairment substantially limiting
one or more major life activities; has a record of such impairment; or is
regarded as having such an impairment, is considered a person with a
disability.
In terms of employment, the law defines a "qualified individual
with a disability" as a person with a disability who can perform the essential
functions of the job with or without reasonable accommodation
Originally published 1992 Updated August 2001
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