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Regulations Governing Equal Access
Americans with
Disabilities Act (ADA) The ADA prohibits discrimination on the
basis of disability in employment, State and local government, public
accommodations, commercial facilities, transportation, and telecommunications.
It also applies to the United States Congress. ADA Title II: 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 (e.g. public education, employment, transportation,
recreation, health care, social services, courts, voting, and town
meetings).
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.ADA Title III: Public Accommodations
Title III
covers businesses and nonprofit service providers that are public
accommodations, privately operated entities offering certain types
of courses and examinations, privately operated transportation,
and commercial facilities. Public accommodations are private entities
who own, lease, lease to, or operate facilities such as restaurants,
retail stores, hotels, movie theaters, private schools, convention
centers, doctors' offices, homeless shelters, transportation depots,
zoos, funeral homes, day care centers, and recreation facilities
including sports stadiums and fitness clubs. Transportation services
provided by private entities are also covered by Title III.
Public accommodations must comply with basic nondiscrimination
requirements that prohibit exclusion, segregation, and unequal treatment.
They also must comply with specific requirements related to architectural
standards for new and altered buildings; reasonable modifications
to policies, practices, and procedures; effective communication
with people with hearing, vision, or speech disabilities; and other
access requirements. Additionally, public accommodations must remove
barriers in existing buildings where it is easy to do so without
much difficulty or expense, given the public accommodation's resources.
Courses and examinations related to professional, educational,
or trade-related applications, licensing, certifications, or credentialing
must be provided in a place and manner accessible to people with
disabilities, or alternative accessible arrangements must be offered.
Rehabilitation
Act The Rehabilitation Act prohibits discrimination on the basis
of disability in programs conducted by Federal agencies, in programs
receiving Federal financial assistance, in Federal employment, and
in the employment practices of Federal contractors. The standards
for determining employment discrimination under the Rehabilitation
Act are the same as those used in Title I of the Americans with
Disabilities Act.
Section 504
Section 504 states that "no qualified individual with a disability
in the United States shall be excluded from, denied the benefits
of, or be subjected to discrimination under" any program or
activity that either receives Federal financial assistance or is
conducted by any Executive agency or the United States Postal Service.
Statute Citations
http://www.usdoj.gov/crt/ada/cguide.htm
Americans with Disabilities Act of 1990
42 U.S.C. §§ 12101 et seq.Implementing Regulations:
29 CFR Parts 1630, 1602 (Title I, EEOC)
28 CFR Part 35 (Title II, Department of Justice)
49 CFR Parts 27, 37, 38 (Title II, III, Department of Transportation)
28 CFR Part 36 (Title III, Department of Justice)
47 CFR §§ 64.601 et seq. (Title IV, FCC)
Section 504 of the Rehabilitation Act of 1973, as amended
29 U.S.C. § 794Over 20 Implementing Regulations for federally
assisted programs, including:
34 CFR Part 104 (Department of Education)
45 CFR Part 84 (Department of Health and Human Services)
28 CFR §§ 42.501 et seq.
Over 95 Implementing Regulations for federally conducted programs,
including:
28 CFR Part 39 (Department of Justice)
http://www.usdoj.gov/crt/ada/adahom1.ht
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