Summary of the Americans with Disabilities Act (ADA)
[Read the full text of the ADA.]
Title III - Public Accommodations
Accessibility Requirements:
- Employers with 15 or more employees may not discriminate against qualified individuals with disabilities. 29 CFR 1630.4.
- Employers must reasonably accommodate the disabilities of qualified applicants or employees, including modifying work stations and equipment, unless undue hardship would result. 29 CFR 1630.2 (o) and 1630.9.
A. State and Local Government Services
(Note: Recipients of Federal financial assistance have similar obligations under Section 504 of the Rehabilitation Act of 1973. Most buildings constructed or altered with Federal funds are required to comply with the Architectural Barriers Act of 1968.)
Accessibility Requirements:
- State and local governments may not discriminate on the basis of disability. 28 CFR 35.130. Effective Date: January 26, 1992, unless otherwise noted below.
- Each service, program, or activity must be operated so that, when viewed in its entirety, it is readily accessible to and usable by individuals with disabilities, unless it would result in a fundamental alteration in the nature of a service, program, or activity or in undue financial and administrative burdens. Structural changes to existing buildings may be required where other methods of achieving compliance are not effective. 28 CFR 35.150. Effective Dates: Structural changes to existing buildings to meet "program accessibility" requirement must be made by January 26, 1995. Public entities with 50 or more employees must develop "transition plans" for such changes by July 26, 1992. The disability community must be involved in developing the plan.
- Newly constructed State and local government buildings must be accessible. 28 CFR 35.151(a). Effective Date: Facilities must comply if bids are invited after January 26, 1992. 56 FR 35710 (July 26, 1991).
- Alterations to existing State and local government buildings must be done in an accessible manner. 28 CFR 35.151(b). Effective Dates: Alterations commenced after January 26, 1992.
- Newly constructed and altered streets and pedestrian walkways must contain curb cuts at intersections. 28 CFR 35.151(d).
B. Transportation
(Note: Recipients of federal financial assistance have similar obligations under Section 504 of the Rehabilitation Act of 1973. Most buildings constructed or altered with Federal funds are required to comply with the Architectural Barriers Act of 1968.)
Accessibility Requirements:
- Newly constructed transit facilities by public entities must be accessible. 49 CFR 37.41. Effective Date: Transit facilities must comply if a "notice to proceed" is issued after January 25, 1992 (October 7, 1991 for Amtrak and commuter rail stations).
- Existing "key stations" in rapid rail, commuter rail, and light rail systems must be accessible. 49 CFR 37.47 and 37.51. Effective Dates: 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.
- All existing Amtrak stations must be accessible. 49 CFR 37.55. Effective Date: By July 26, 2010
- Alterations to existing transit facilities by public entities must be done in an accessible manner. When alterations affect usability of or access 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 cost of making these features accessible does not exceed 20% of the planned alterations. 49 CFR 37.43. Effective Dates: Alterations for which "notice to proceed" or "work order" issued after January 25, 1992 (October 7, 1991 for Amtrak and commuter rail stations).
- New buses and rail vehicles acquired by public entities for fixed route systems must be accessible. 49 CFR 37.71, 37.79 and 37.85. Effective Dates: Vehicles must comply if closing date for submission of bids is after August 25, 1990. ADA Vehicle Guidelines are the applicable standard as of October 7, 1991. Interim standards apply before that date (56 FR 40762, October 4, 1990.)
- New vehicles acquired by public entities 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. 49 CFR 37.77. Effective Dates: Vehicles must comply if the closing date for submission of bids is after August 25, 1990. The ADA Vehicle Guidelines are the applicable standard as of October 7, 1991. Interim standards apply before that date (56 FR 40762, October 4, 1990).
- Public entities have certain obligations when acquiring or remanufacturing used vehicles. 49 CFR 37.73, 37.75, 37.81, 37.83, 37.87, and 37.89. Effective Date: Acquired or remanufactured after August 25, 1990.
- One car per train must be accessible. 49 CFR 37.93. Effective Date: By July 26, 1995
- Amtrak trains must have the same number of wheelchair spaces and transfer seats for wheelchair users as would be available if every single level coach car in the train were accessible to wheelchair users. No more than two of each type of space or seat may be provided on each car. 49 CFR 37.91. Effective Dates: By July 26, 2000. Half of these spaces and seats must be available by July 26, 1995.
- Public entities operating fixed route bus, and rapid rail and light rail systems must provide comparable complementary paratransit service to individuals with disabilities who meet certain eligibility criteria to the extent that an undue financial burden is not imposed. 49 CFR 37.121 to 37.155. Effective Dates: Initial plans for providing service must be submitted to DOT by January 26, 1992 and updated annually thereafter. The disability community must be involved in developing the plans. Public entities must begin implementing plans on January 26, 1992 and achieve full compliance by January 26, 1997.
Title III - Public Accommodations
Accessibility Requirements:
- 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. 28 CFR 36.201. Effective Date: January 26, 1992, unless otherwise noted below.
- Physical barriers in existing places of public accommodation 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. 28 CFR 36.304 and 36.305. Effective Dates: The obligation to engage in readily achievable barrier removal is a continuing one. 56 FR 35569 (July 26, 1991).
- New construction of places of public accommodation and commercial facilities (non-residential facilities affecting commerce) must be accessible. 28 CFR 35.401. Effective Dates: Facilities designed and constructed for first occupancy after January 26, 1993. A facility is designed and constructed for first occupancy after January 26, 1993, only if: (1) the last application for a building permit or permit extension is certified to be complete by a State, county, or local government after January 26, 1992; and (2) the first certificate of occupancy is issued after January 26, 1993.
- Alterations to existing places of public accommodation and commercial facilities must be done in an accessible manner. When alterations affect usability of or access to "primary function" areas of a facility, an accessible path of travel must be provided to the altered areas and the rest rooms, telephones, and drinking fountains serving the altered areas must also be accessible, to the extent that the cost of making these features accessible does not exceed 20% of the cost of the planned alterations. 28 CFR 36.402 and 36.403. The additional accessibility requirements for alterations to "primary function" areas do not apply to measures taken solely to comply with readily achievable barrier removal. 28 CFR 36.304(d). January 26, 1992 - unless otherwise noted below. Effective Date: Alterations commenced after January 26, 1992
- 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; shopping mall; professional office of a health care provider; terminal, depot, or other station used for specific public transportation; or an airport passenger terminal. 28 CFR 36.401(d) and 36.404.
- Examinations and courses related to licensing or certification for professional and trade purposes must be held in accessible buildings or alternative accessible arrangements must be made. 28 CFR 36.309(b)(1)(iii) and (c)(4).
- New buses and other vehicles (except aircraft and automobiles) acquired by private entities to provide specified public transportation must be accessible or the system in which vehicles are used must provide individuals with disabilities a level of service equivalent to that provided to the general public depending on whether the entity is primarily engaged in the business of transporting people; whether the system is fixed route or demand responsive; and vehicle seating capacity. 49 CFR 37.101 to 37.107. Effective Dates: Vehicles must comply if the closing date for submission of bids is after August 25, 1990 (February 25, 1992 for rail passenger cars and vans with a capacity of less than 8 persons when operated by a private entity primarily engaged in the business of transporting people). ADAAG is the applicable standard as of October 7, 1991. Interim standards apply before that date (56 FR 40762, October 4, 1990).
- New over-the-road buses (buses with an elevated passenger deck located over a baggage compartment) must be accessible. 49 CFR 37.169, and 49 CFR 38.151 to 38.157. Effective Dates: Structural changes in over-the-road buses to provide access to wheelchair users are not required until two years (three years for small companies) after DOT issues regulations.
A ccessibility Requirements:
Telephone companies must provide telecommunications relay services for hearing-impaired and speech-impaired individuals 24 hours per day. 47 CFR 64.603 and 64.604.