An Overview of the Americans with Disabilities Act

An Overview of the Americans with Disabilities Act “In one hour or less”

The Five ADA Titles in Brief • Title I - Employment • Title II - State and Local Governments • Title III - Public Accommodations • Title IV - Telecommunications • Title V - Miscellaneous

Title I - Employment • Title I of the ADA covers employment. Private employers, state and local governments, employment agencies, labor unions, and joint labormanagement committees must comply with Title I. As of July 26, 1994, all employers with 15 or more employees, including state and local government employers, must comply with Title I. Employers include private sector and state and local government entities.

Title II - State and Local Governments • Title II covers the programs and services operated by state and local governments; these are also known as public entities. Title II became effective on January 26, 1992 and is divided into two subtitles. • Subtitle A – Subtitle A of Title II is intended to protect qualified individuals with disabilities from discrimination on the basis of disability in the services, programs, or activities of all state and local governments. It extends the prohibition of discrimination on the basis

Title II - State and Local Governments cont • Subpart A continued – of disability established by Section 504 of the Rehabilitation Act of 1973, as amended, to all activities of state and local governments, including those that do not receive Federal financial assistance. By law, the Department of Justice's ADA Title II regulation adopts the general prohibitions of discrimination established under Section 504, and also incorporates specific prohibitions of discrimination from the ADA.

Title II - State and Local Governments continued • Subtitle B: – Subtitle B of Title II is intended to clarify the requirements of Section 504 for public transportation entities that receive Federal financial assistance. It also extends coverage to all public entities that provide public transportation, whether or not they receive Federal financial assistance. It establishes detailed and complex standards for the operation of public transit systems, including commuter and intercity rail (AMTRAK). The Department of Transportation is responsible for the implementation of Subtitle B of Title II and has issued the regulations implementing that subtitle.

Title III - Public Accommodations Title III covers public accommodations, commercial facilities, and examinations and courses related to licensing or certification. Title III also covers transportation provided to the public by private entities. Title III became effective on January 26, 1992. Public accommodations are private entities that own, operate, or lease to places that provide goods and services to the public. Places of public accommodation include, but are not limited to, restaurants, hotels, theaters, convention centers, retail stores, shopping centers, dry cleaners, laundromats, pharmacies, doctors' offices, hospitals, museums, libraries, parks, zoos, amusement parks, private schools, day care centers, health spas, and bowling alleys.

Title IV Telecommunications Title IV addresses telephone and television access for people with hearing and speech disabilities. Title IV is enforced by the Federal Communications Commission (FCC). Specifically required under Title IV are: • Closed captioning of federally funded public service announcements (PSAs). • As of July 26, 1993, the establishment by telephone companies of in-state and state-tostate telecommunications relay services (TRS) 24 hours a day, 7 days a week.

Title V – Miscellaneous Provisions • Title V contains miscellaneous provisions. Unlike the provisions contained in other titles, which apply only to the titles in which they are located, the Title V provisions apply to all of the other titles as well. Employers, state and local government agencies, and public accommodations covered by other parts of the ADA must also comply with Title V. These provisions include:

Title V – Miscellaneous Provisions continued • Prohibition against retaliation and coercion. • Construction - However, nothing in the ADA is to be construed to apply to a lesser standard than the standards applied under Title V of the Rehabilitation Act of 1973, including the Section 504 regulations. • Does not preclude or require restrictions on smoking.

Title V – Miscellaneous Provisions continued • Does not change the status of insurance underwriting. However, an insurance plan may not refuse to insure or limit coverage or charge a higher amount to a person with a disability solely because of the disability UNLESS the refusal, limitation or difference in cost is based on sound actuarial principles. • Requires several federal agencies to develop technical assistance plans to assist covered entities to understand their ADA responsibilities.

Title V – Miscellaneous Provisions continued • Encourages the use of alternative dispute resolution (ADR). • Sections of Title V that do not cross to all titles of the ADA include: – Requires a report about the effect that wilderness management has on the ability of individuals with disabilities to use and enjoy federal wilderness areas. – Covers Congress and Agencies of the Legislative Branch.

Overview of ADA Enforcement • Several federal agencies are responsible for enforcing the ADA: – U. S. Equal Employment Opportunity Commission (EEOC) primarily for Title I Employment. – U. S. Department of Justice (DOJ) primarily for Title II - State and Local Governments and Title III - Public Accommodations. – Other Enforcing Agencies have further ADA compliance responsibilities, or are assigned Title II complaints, or provide technical assistance on ADA provisions.