Employment
State and Local Governments
Public Accomodations
Transportation Services
Telecommunications Relay Services

The ADA gives civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, sex, national origin, and religion. ADA guarantees equal opportunity for people with disabilities in employment, state and local government services, public accomodations, transportation, and telecommunications. A person with a disability is covered under ADA if he or she has a physical or mental impairment which substantially limits a major life activity, or has a record or history of such an impairment, or is regarded as having such an impairment. Entities covered under ADA may not discriminate against any person because of the known disability of an individual with whom the person is known to have a relationship or association. People who are currently using drugs illegally are not covered under ADA.

Employment - Title I:

Employers with 15 or more employees may not discriminate against qualified people with disabilities in hiring, promotion, compensation, or any other aspect of employment. A "qualified person" is an individual with a disability who is able to perform the essential functions of the job, with or without reasonable accommodation. Examples of reasonable accommodations include modifying the employee's work schedule, providing adaptive equipment, or any other change in the work environment that does not result in an undue hardship for the employer. An employer may not inquire about any medical condition or disability of a job applicant prior to making a qualified job offer. Similarly, medical and psychological tests can be given only after a job offer, and only if such tests are directly related to the job. Drug testing of job applicants and employees is allowed under ADA. Employers may reject applicants or fire employees who pose a direct threat to the health or safety of other individuals in the work place.

State and Local Governments - Title II:

Entities of state and local governments may not discriminate against qualified individuals with disabilities in the provision of any program or service. All government programs, services, and communications must be accessible consistent with the requirements of section 504 of the Rehabilitation Act of 1973. Programs provided by state and local governments must also make reasonable changes in their policies, practices, and procedures where necessary to avoid discrimination against people with disabilities.

Public Accomodations - Title III:

Public accommodations such as restaurants, hotels, theaters, doctors' offices, pharmacies, retail stores, museums, libraries, parks, private schools, and day care centers, may not discriminate on the basis of disability.

Reasonable changes in policies, practices, and procedures must be made to avoid discrimination against people with disabilities. For example, public accommodations with a "No Pets Allowed" policy must admit people with disabilities who use service animals. Auxiliary aids and services must be provided to people with sensory impairments to allow such people equal opportunity to participate or benefit. For example, theaters must provide assistive listening systems to patrons with hearing impairments, unless an undue burden would result.

Physical barriers and communication barriers in existing facilities must be removed if such removal is readily achievable (i.e., easily accomplishable and able to be carried out without much difficulty or expense). If not, alternative methods of providing the goods and services must be offered, if those methods are readily achievable. All new construction in public accommodations, as well as in "commercial facilities" such as office buildings, must be accessible. Elevators are generally not required in buildings under three stories or with fewer than 3,000 square feet per floor, unless the building is a shopping center, mall, or a professional office of a health care provider.

Alterations to buildings containing public accommodations must be accessible. When alterations to primary function areas are made, an accessible path of travel to the altered area (and the bathrooms, telephones, and drinking fountains serving that area) must be provided to the extent that the added accessibility costs do not exceed 20% of the overall cost of the alterations. Elevators are required as described above.

Transportation Services - Title II and Title III:

For public bus systems, new buses ordered on or after August 26, 1990, must be accessible to individuals with disabilities. Transit authorities must provide comparable paratransit or other special transportation services to individuals with disabilities who cannot use fixed route services, unless an undue burden would result. New transit stations must be accessible. Alterations to existing stations must be accessible. When alterations to primary function areas are made, an accessible path of travel to the altered area (and the bathrooms, telephones, and drinking fountains serving that area) must be provided to the extent that the added accessibility costs are not disproportionate to the overall cost of the alterations.

For public rail systems, new rail vehicles ordered on or after August 26, 1990, must be accessible. Existing rail systems must have one accessible car per train by July 26, 1995. New rail stations must be accessible. As with new bus stations, alterations to existing rail stations must be made in an accessible manner. Existing "key stations" in rapid rail, commuter rail, and light rail systems must be made accessible by July 26, 1993, unless an extension of up to 20 years is granted (30 years, in some cases, for rapid and light rail). Existing intercity rail stations (Amtrak) must be made accessible by July 26, 2010.

For privately operated bus and van companies, new vehicles, such as vans, must be accessible, unless the transportation company provides service to individuals with disabilities that is equivalent to that operated for the general public. Other private transportation operations, including station facilities, must meet the requirements of public accommodations.

Entities such as hotels that also offer transportation generally must provide equivalent transportation service to individuals with disabilities. New fixed-route vehicles ordered on or after August 26, 1990, and capable of carrying more than 16 passengers, must be accessible.

Telecommunications Relay Services - Title IV:

Companies offering telephone service to the general public must offer telephone relay services to individuals who use telecommunications devices for the deaf (TTYs) or similar devices.

For More Information

Individuals, businesses, and nonprofit organizations seeking additional information on the ADA may contact:

New England ADA & Accessible IT Center
800-949-4232 Voice or TTY
www.adaptiveenvironments.org/neada

U.S. Department of Justice
Disability Rights Section
800-514-0301 Voice
800-514-0383 TTY
www.ada.gov