American With Disabilities Act Definition

Enactment Of The Ada And Issuance Of The 1991 Regulations

Title III prohibits discrimination on the basis of disability in the activities of places of public accommodation and requires newly constructed or altered places of public accommodationas well as commercial facilities to comply with the ADA Standards. 42 U.S.C. 12181B89.

On July 26, 1991, the Department issued rules implementing title II and title III, which are codified at 28 CFR part 35 and part 36 . Appendix A of the 1991 title III regulation, which is republished as Appendix D to 28 CFR part 36, contains the ADA Standards for Accessible Design , which were based upon the version of the Americans with Disabilities Act Accessibility Guidelines published by the Access Board on the same date. Under the Departments 1991 title III regulation, places of public accommodation and commercial facilities currently are required to comply with the 1991 Standards with respect to newly constructed or altered facilities. The Departments 1991 title II regulation gives public entities the option of complying with the Uniform Federal Accessibility Standards or the 1991 Standards with respect to newly constructed or altered facilities.

Development of the 2004 ADA/ABA Guidelines

The Departments Rulemaking History

Relationship to Other Laws

The Department of Justice regulation implementing title II, 28 CFR 35.103, provides the following:

Organization of This Rule

Additional Information

Regulatory Process Matters

Expected Impact of the Rules 2

Water Closet Clearances

Section 35190 Designated Agencies

Subpart G of the 1991 title II regulation designates specific Federal agencies to investigate certain title II complaints. Paragraph 35.190 specifies these agency designations. Paragraphs 35.190 and , respectively, grant the Department discretion to designate further oversight responsibilities for matters not specifically assigned or where there are apparent conflicts of jurisdiction. The NPRM proposed adding a new § 35.190 further refining procedures for complaints filed with the Department of Justice. Proposed § 35.190 provides that when the Department receives a complaint alleging a violation of title II that is directed to the Attorney General but may fall within the jurisdiction of a designated agency or another Federal agency with jurisdiction under section 504, the Department may exercise its discretion to retain the complaint for investigation under this part. The Department would, of course, consult with the designated agency when the Department plans to retain a complaint. In appropriate circumstances, the Department and the designated agency may conduct a joint investigation.

Several commenters supported this amendment as a more efficient means of processing title II complaints. The commenters supported the Department using its discretion to conduct timely investigations of such complaints. The language of the proposed § 35.190 remains unchanged in the final rule.

More Than Minimum Number

Where more than the minimum number of drinking fountains specified in 211.2 are provided, 50 percent of the total number of drinking fountains provided shall comply with 602.1 through 602.6, and 50 percent of the total number of drinking fountains provided shall comply with 602.7.

EXCEPTION: Where 50 percent of the drinking fountains yields a fraction, 50 percent shall be permitted to be rounded up or down provided that the total number of drinking fountains complying with 211 equals 100 percent of drinking fountains.

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Bates V United Parcel Service Inc

Bates v. United Parcel Service, Inc was the first equal opportunity employment class action brought on behalf of Deaf and Hard of Hearing workers throughout the country concerning workplace discrimination. It established legal precedence for d/Deaf/HoH Employees and Customers to be fully covered under the ADA. Key findings included

The outcome was that UPS agreed to pay a $5.8 million award and agreed to a comprehensive accommodations program that was implemented in their facilities throughout the country.

How Does The Adaaa Define Regarded As Having A Disability

The ADAAA redefines and dramatically expands the scope of coverage under the “regarded as” prong of the definition of “disability.” To satisfy the “regarded as” standard an individual need only show that he or she has been subjected to an action prohibited under the statute because of an actual or perceived impairment. It is no longer necessary that the impairment be perceived by the employer to limit or “substantially limit” a major life activity. However, to satisfy the “regarded as” standard, an impairment must not be one that is “transitory and minor.” The ADAAA defines a “transitory” impairment as an impairment with an “actual or expected duration of 6 months or less.”

Meeting the “regarded as” standard does not mean that a person has been the victim of unlawful discrimination. It means only that a person is an individual with a disability entitled to the protections of the ADA or Rehabilitation Act. Whether unlawful discrimination occurred is a separate determination.

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Transfer Devices For Use With Amusement Rides

Transfer devices for use with amusement rides shall comply with 1002.6 when positioned for loading and unloading.

Advisory 1002.6 Transfer Devices for Use with Amusement Rides. Transfer devices for use with amusement rides should permit individuals to make independent transfers to and from their wheelchairs or mobility devices. There are a variety of transfer devices available that could be adapted to provide access onto an amusement ride. Examples of devices that may provide for transfers include, but are not limited to, transfer systems, lifts, mechanized seats, and custom designed systems. Operators and designers have flexibility in developing designs that will facilitate individuals to transfer onto amusement rides. These systems or devices should be designed to be reliable and sturdy.

Designs that limit the number of transfers required from a wheelchair or mobility device to the ride seat are encouraged. When using a transfer device to access an amusement ride, the least number of transfers and the shortest distance is most usable. Where possible, designers are encouraged to locate the transfer device seat no higher than 17 to 19 inches above the load and unload surface. Where greater distances are required for transfers, providing gripping surfaces, seat padding, and avoiding sharp objects in the path of transfer will facilitate the transfer. Where a series of transfers are required to reach the amusement ride seat, each vertical transfer should not exceed 8 inches .

How The Americans With Disabilities Act Increased Accessibility

The ADA established standards for accessible design for public accommodations that include creating automatic doorways, ramps, and elevators to accommodate wheelchairs. Water fountains must be made available at heights that individuals with disabilities can reach.

Some examples of accommodations in the workplace include supplying a hearing-impaired applicant with a sign language interpreter during a job interview, modifying a work schedule to meet the needs of a person who needs treatment, or restructuring an existing facility to make it readily accessible to people with disabilities. An employer is not required by the ADA to make reasonable accommodations if doing so presents an undue hardship for the business and requires significant expenses compared with the size of the company.

Title IV of the ADA requires telephone companies to provide telephone relay services, or similar devices, for the hearing- and speech-impaired.

Although there is no regulation requiring ADA compliance by websites and online platforms, accessibility for internet users has become an issue of increasing importance. Best practices are increasingly prescribed to promote website accessibility.

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35107 Designation Of Responsible Employee And Adoption Of Grievance Procedures

Designation of responsible employee. A public entity that employs 50 or more persons shall designate at least one employee tocoordinate its efforts to comply with and carry out its responsibilities under this part, including any investigation of any complaint communicated to it alleging its noncompliance with this part or alleging any actions that would be prohibited by this part. The public entity shall make available to all interested individuals the name, office address, and telephone number of the employee or employees designated pursuant to this paragraph.

Complaint procedure. A public entity that employs 50 or more persons shall adopt and publish grievance procedures providing for prompt and equitable resolution of complaints alleging any action that would be prohibited by this part.

§ 35.108 Definition of disability

Disability means, with respect to an individual:

A physical or mental impairment that substantially limits one or more of the major life activities of such individual

A record of such an impairment or

Being regarded as having such an impairment as described in paragraph of this section.

Rules of construction.

The definition of disability shall be construed broadly in favor of expansive coverage, to the maximum extent permitted by the terms of the ADA.

Physical or mental impairment means:

Any mental or psychological disorder such as intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disability.

Board Of Trustees Of The University Of Alabama V Garrett

Board of Trustees of the University of Alabama v. Garrett was a United States Supreme Court case about Congress’senforcement powers under the Fourteenth Amendment to the Constitution. It decided that Title I of the Americans with Disabilities Act was unconstitutional insofar as it allowed private citizens to sue states for money damages.

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Water Closets And Toilet Compartments For Childrens Use

Water closets and toilet compartments for childrens use shall comply with 604.9.

Advisory 604.9 Water Closets and Toilet Compartments for Childrens Use. The requirements in 604.9 are to be followed where the exception for childrens water closets in 604.1 is used. The following table provides additional guidance in applying the specifications for water closets for children according to the age group served and reflects the differences in the size, stature, and reach ranges of children ages 3 through 12. The specifications chosen should correspond to the age of the primary user group. The specifications of one age group should be applied consistently in the installation of a water closet and related elements.

604.9.1 Location

The water closet shall be located with a wall or partition to the rear and to one side. The centerline of the water closet shall be 12 inches minimum and 18 inches maximum from the side wall or partition, except that the water closet shall be 17 inches minimum and 19 inches maximum from the side wall or partition in the ambulatory accessible toilet compartment specified in 604.8.2. Compartments shall be arranged for left-hand or right-hand approach to the water closet.

604.9.2 Clearance

Clearance around a water closet shall comply with 604.3.

604.9.3 Height

604.9.4 Grab Bars

Grab bars for water closets shall comply with 604.5.

Service Animals Must Be Under Control

A service animal must be under the control of its handler. Under the ADA, service animals must be harnessed, leashed, or tethered, unless the individuals disability prevents using these devices or these devices interfere with the service animals safe, effective performance of tasks. In that case, the individual must maintain control of the animal through voice, signal, or other effective controls.

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Can An Employer Require Medical Examinations Or Ask Questions About A Disability

If you are applying for a job, an employer cannot ask you if you are disabled or ask about the nature or severity of your disability. An employer can ask if you can perform the duties of the job with or without reasonable accommodation. An employer can also ask you to describe or to demonstrate how, with or without reasonable accommodation, you will perform the duties of the job.

An employer cannot require you to take a medical examination before you are offered a job. Following a job offer, an employer can condition the offer on your passing a required medical examination, but only if all entering employees for that job category have to take the examination. However, an employer cannot reject you because of information about your disability revealed by the medical examination, unless the reasons for rejection are job-related and necessary for the conduct of the employer’s business. The employer cannot refuse to hire you because of your disability if you can perform the essential functions of the job with an accommodation.

The results of all medical examinations must be kept confidential, and maintained in separate medical files.

Bus Boarding And Alighting Areas

Bus boarding and alighting areas shall comply with 810.2.

Advisory 810.2 Bus Boarding and Alighting Areas. At bus stops where a shelter is provided, the bus stop pad can be located either within or outside of the shelter.

810.2.1 Surface

Bus stop boarding and alighting areas shall have a firm, stable surface.

810.2.2 Dimensions

Bus stop boarding and alighting areas shall provide a clear length of 96 inches minimum, measured perpendicular to the curb or vehicle roadway edge, and a clear width of 60 inches minimum, measured parallel to the vehicle roadway.

810.2.3 Connection

Bus stop boarding and alighting areas shall be connected to streets, sidewalks, or pedestrian paths by an accessible route complying with 402.

810.2.4 Slope

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Section 35151 Alterations To Historic Facilities

The final rule renumbers the requirements for alterations to historic facilities enumerated in current § 35.151 and as § 35.151 and . Currently, the regulation provides that alterations to historic facilities shall comply to the maximum extent feasible with section 4.1.7 of UFAS or section 4.1.7 of the 1991 Standards. See 28 CFR 35.151. Section 35.151 of the final rule eliminates the option of using UFAS for alterations that commence on or after March 15, 2012. The substantive requirement in current § 35.151that alternative methods of access shall be provided pursuant to the requirements of § 35.150 if it is not feasible to provide physical access to an historic property in a manner that will not threaten or destroy the historic significance of the building or facilityis contained in § 35.151.

Sec 12205 Attorneys Fees

In any action or administrative proceeding commenced pursuant to this chapter, the court or agency, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorneys fee, including litigation expenses, and costs, and the United States shall be liable for the foregoing the same as a private individual.

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Section 35151 Accessibility Standards For New Construction And Alterations

Section 35.151 of the NPRM proposed to adopt ADA Chapter 1, ADA Chapter 2, and Chapters 3 through 10 of the Americans with Disabilities Act and Architectural Barriers Act Guidelines into the ADA Standards for Accessible Design . As the Department has noted, the development of these standards represents the culmination of a lengthy effort by the Access Board to update its guidelines, to make the Federal guidelines consistent to the extent permitted by law, and to harmonize the Federal requirements with the private sector model codes that form the basis of many State and local building code requirements. The full text of the 2010 Standards is available for public review on the ADA Home Page and on the Access Boards Web site . The Access Board site also includes an extensive discussion of the development of the 2004 ADA/ABA Guidelines, and a detailed comparison of the 1991 Standards, the 2004 ADA/ABA Guidelines, and the 2003 International Building Code.

The purpose of the proposed six-month delay in requiring compliance with the 2010 Standards was to allow covered entities a reasonable grace period to transition between the existing and the proposed standards. For that reason, if a title II entity preferred to use the 2010 Standards as the standard for new construction or alterations commenced within the six-month period after the effective date of the final rule, such entity would be considered in compliance with title II of the ADA.

State And Local Government Activities

Title II covers all activities of State and local governments regardless of the government entity’s size or receipt of Federal funding. Title II requires that State and local governments give people with disabilities an equal opportunity to benefit from all of their programs, services and activities .

State and local governments are required to follow specific architectural standards in the new construction and alteration of their buildings. They also must relocate programs or otherwise provide access in inaccessible older buildings, and communicate effectively with people who have hearing, vision, or speech disabilities. Public entities are not required to take actions that would result in undue financial and administrative burdens. They are required to make reasonable modifications to policies, practices, and procedures where necessary to avoid discrimination, unless they can demonstrate that doing so would fundamentally alter the nature of the service, program, or activity being provided.

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