ADA Provisions Summary

AMERICANS WITH DISABILITIES ACT OF 1990 PROVISIONS SUMMARY

 

TITLE I Employment

Employers may not discriminate against an individual with a disability in hiring or promotion if the person is otherwise qualified for the job.

Employers can ask about one's ability to perform a job, but cannot inquire if someone has a disability or subject a person to tests that tend to screen out people with disabilities.

Employers will need to provide "reasonable accommodation" to individuals with disabilities. This includes steps such as job restructuring and modification of equipment.

Employers do not need to provide accommodations that impose an "undue hardship" on business operations.

Who needs to comply: All employers with 25 or more employees must comply, effective July 26, 1992. All employers with 15 24 employees must comply, effective July 26, 1994.

 

TITLE II State and Local Government

State and local governments, and state and local governmental entities (including public schools), may not discriminate against qualified individuals with disabilities in any program or service.

All government facilities, services, and communications must be accessible consistent with the requirements of section 504 of the Rehabilitation Act of 1973.

 

TITLE III – Public Accommodations

Private entities such as restaurants, hotels, and retail stores may not discriminate against individuals with disabilities.

Auxiliary aids and services (interpreters, assistive listening devices, note takers, readers, etc) must be provided to individuals with vision or hearing impairments or other individuals with disabilities, unless an undue burden would result.

Physical barriers in existing facilities must be removed, if removal is readily achievable. If not, alternative methods of providing the services must be offered, if they are readily achievable. All new construction and alterations of facilities must be accessible.

 

TITLE IV Telecommunications

Companies offering telephone service to the general public must offer telephone relay services to individuals who use telecommunications devices for the deaf (TDD's/TTY’s) or similar devices.

 

Transportation (From TITLES II & III)

New public transit buses ordered 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 bus services, unless an undue burden would result.

Existing rail systems must have one accessible car per train by July 26, 1995.

New rail cars ordered after August 26, 1990, must be accessible.

New bus and train stations must be accessible.

Key stations in rapid light, and commuter rail systems must be made accessible by July 26, 1993, with extensions up to 20 years for commuter rail (30 years of rapid and light rail).

All existing Amtrak stations must be accessible by July 26, 2010.