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NO Stereotypes
NO Generic Services
Say YES to
Supporting
"Individuals"
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Accessibility Requirements
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Effective Date
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Regulations and Enforcement
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Title I - Employment
Employers with 15 or more employees may not
discriminate against qualified individuals with disabilities.
Employers must reasonably accommodate the disabilities of qualified
applicants or employees, Including modifying work stations and
equipment, unless undue hardship would result. |
July 26,
1992 - for employers with 25 or more employees.
July 26, 1994 - for employers with 15 to 24 employees. |
EEOC to
issue regulations by July 26, 1991.
Individuals may file complaints with EEOC. Individuals may also file
a private lawsuit after exhausting administrative remedies.
Remedies are the same as available under Title VII of the Civil
Rights Act of 1964. Court may order employer to hire or promote
qualified individuals, reasonably accommodate their disabilities,
and pay back wages and attorney's fees. |
Accessibility Requirements
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Effective Date
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Regulations and Enforcement
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Title II - Public
Services
State and local governments may not discriminate
against qualified individuals with disabilities.
Newly constructed state and local government buildings, including
transit facilities, must be accessible.
Alterations to existing state and local government buildings must
be done in an accessible manner.
When alterations could affect accessibility to "primary function"
areas of a transit facility, an accessible path of travel must be
provided to the altered areas and the restrooms, drinking fountains,
and telephones serving the altered areas must also be accessible, to
the extent that the additional accessibility costs are not
disproportionate to the overall alterations costs. |
January 26,
1992 - unless otherwise noted below. Recipients of Federal financial
assistance are presently required to comply with similar
requirements under Section 504 of the Rehabilitation Act of 1973. |
DOJ to
issue regulations except for public transportation by July 26, 1991.
DOT to issue regulations for public transportation by July 26, 1991.
ATBCB to supplement MGRAD by April 26, 1991. DOJ and DOT
regulations must be consistent with supplemental MGRAD and may
incorporate the supplemental MGRAD.
UFAS to be used as Interim accessibility standard for transit
facilities if final regulations have not been issued and if a
building permit has been obtained prior to issuance of final
regulations, work begins within one year of receipt of permit, and
is completed under the terms of the permit. If final regulations
have not been issued one year after MGRAD has been supplemented,
MGRAD to be used as interim accessibility standard. |
| One car per
train must be accessable |
By July 26,
1995 |
| New
vehicles for demand responsive systems must be accessible unless the
system provides individuals with disabilities a level of service
equivalent to that provided to the general public. |
Ordered
after August 25, 1990.. |
(Most
facilities constructed or altered with Federal funds are presently
required to comply with UFAS under the Architectural Barriers Act of
1968. Facilities constructed or altered by recipients of Federal
financial assistance are presently required to c omply with UFAS
under Section 504 of the Rehabilitation Act of 1973.) |
| Existing
"key stations" in rapid rail, commuter rail, and light rail systems
must be accessible |
By July 26,
1993. Extensions may be granted up to July 26, 2010 (commuter rail)
and July 26, 2020 (rapid and light rail) for stations needing
extraordinarily expensive structural changes.) |
Amtrak
and commuter rail passenger cars must comply with MGRAD provisions
for rail cars to the extent that they are in effect at the time the
design of the cars is substantially completed, if final regulations
have not been issued. |
| Comparable
paratransit must be provided to individuals who cannot use fixed
route bus service to the extent that an undue financial burden is
not imposed. |
By January
26, 1992. |
Individuals
may file complaints with DOT concerning public transportation and
with other designated Federal agencies concerning matters other than
public transportation. Individuals may also file a private lawsuit.
|
| All
existing Amtrak stations must be accessible.
Amtrak trains must have same number of seating spaces for
individuals who use wheelchairs as would available if every car in
the train were accessible to such individuals. |
By July 26,
2010.
By July 26, 2000. Half of these seats must be available by July 26,
1995. |
Remedies
are the same as available under Section 505 of the Rehabilitation
Act of 1973. Court may order entity to make facilities accessible,
provide auxiliary aids or services, modify policies, and pay
attorneys' fees. |
Accessibility Requirements
|
Effective
Date
|
Regulations
and Enforcement
|
Title III - Public
Accommodations
Restaurants, hotels, theaters, shopping centers and
malls, retail stores, museums, libraries, parks, private schools, day
care centers and other similar places of public accommodation may not
discriminate on the basis of disability.
Physical barriers in existing public accommodations must be removed if
readily achievable (i.e., easily accomplishable and able to be carried
out without much difficulty or expense). If not, alternative methods of
providing services must be offered, if those methods are readily
achievable.
|
January 26, 1992 - unless otherwise noted below. |
DOJ to
issue regulations except for privately operated transportation by July
6, 1991.
DOT to issue regulations for privately operated transportation by July
26, 1991
ATCBC to supplement MGRAD by April 21, 1991. DOJ and DOT regulations
must be consistant with supllemental MGRAD and may incorporate the
supplemental MGRAD. |
| New
construction in public accommodations and commercial facilities
(non-residential facilities affecting commerce) must be accessible.
|
Facilities
designed and constructed for first occupancy after January 26, 1993 |
UFAS to be used
as Interim accessibility standard if final regulations have not been
issued and if the building permit has been obtained prior to issuance of
final regulations, work begins within one year of receipt of permit, and
is completed under the terms of the permit. If final regulations have
not been issued one year after MGRAD has been supplemented, MGRAD to be
used as interim accessibility standard. |
| Alterations to
existing public accommodations and commercial facilities must be done in
an accessible manner. When alterations could affect accessibility to
"primary function" areas of a facility, an accessible path of travel
must be provided to the alte r ed areas and the rest rooms, telephones,
and drinking fountains serving the altered areas must also be
accessible, to the extent that the additional accessibility costs are
not disproportionate to the overall alterations costs.
Elevators are not required in newly constructed or altered buildings
under three stories or with less than 3,000 square feet per floor,
unless the building is a shopping center, mall or health providers
office. The Attorney General may determine that add i tional categories
of such buildings require elevators.
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|
On application
by State or local government, Attorney General, In consultaion with
ATBCB, may certify that State or local building codes meet or exceed ADA
accessibility requirements.
Individuals may file complaints with the Attorney General. Individuals
may also file a private lawsuit.
Remedies are the same as available under Title II of the Civil Rights
Act of 1964. Court may order an entity to make facilities accessible,
provide auxilary aides or services, modify policies, and pay attorneys'
fees. |
| New buses and
other vehicles (except automobiles) operated by private entities must be
accessible or system in which vehicles are used must provide individuals
with disabilities a level of service equivalent to that provided to the
general public dependi n g on whether entity is primarily engaged in
business of transporting people; whether system is fixed route or demand
responsive; and vehicle seating capacity.
|
Ordered after
August 25, 1990 (February 25, 1992 for all passenger cars and vans with
a capacity of less than 8 persons when operated by an entity primarily
engaged in the business of transporting people). |
Court may award
money damages and impose cilvil penalties lawsuit filed by Attorney
General but not in private lawsuits by individuals. |
| New
over-the-road buses (buses with elevated passenger deck located over a
baggage compartment) must be accessible. |
Ordered
after July 26, 1996 (July 26, 1997, for small companies). Date may be
extended by one year after completion of a study. |
Small
businesses with 25 or fewer employees and gross receipts of $1 million
or less may not be sued for violations occuring before July 25, 1992;
and small businesses with 10 or fewer employees and gross reciepts of
$.5 million or less may not be sued for violations occuring before
January 26, 1993. However such samll businesses may be sued for
violation relating to new construction and alterations to facilities
occuring after the effective dates. |
Accessibility Requirements
|
Effective
Date
|
Regulations
and Enforcement
|
Title IV -
Telecommunications
Telephone companies must provide telecommunications relay
services for hearing-impaired and speech-impaired individuals 24 hours
per day. |
By July 26, 1993. |
FCC to issue regulations by July 26, 1991.
Individuals may file complaints with the FCC. |
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Abbreviations used in this chart: |
ADA Americans with Disabilities Act
ATBCB Architectural and Transportation Barriers Compliance Board
DOJ Department of Justice
DOT Department of Transportation
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EEOC Equal Employment Opportunity Commission
FCC Federal Communications Commission
MGRAD Minimum Guidelines and Requirements for Accessible Design
UFAS Uniform Federal Accessibility Standards
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U.S. Architectural and Transportation Barriers
Compliance Board
Suite 501, 1111 18th Street, NW
Washington, DC 20036-3894
TELEPHONE: 1-800-USA-ABLE (voice or TDD)
The Access Board will provide an information package on the Americans with
Disabilities Act. |
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