FACT SHEET ABOUT

Basic Requirements of Americans with Disabilities Act

The Americans with Disabilities Act (ADA) provides for a comprehensive prohibition of discrimination on the basis of disability in employment, State and local government services (including transportation), public accommodations and services (including transportation), and telecommunications.

Emplo ment !Title "#

Provides re uirements for State and local and private employers !overs !ongress The lead agency is the " ual "mployment #pportunity !ommission (""#!) Title $%% of the !ivil &ights Act of '()* is the basis for enforcement of ADA, Title % Discrimination on the basis of disability is prohibited in all facets of employment "mployers must provide reasonable accommodations to the applicant or employee with a disability unless to do so would be an undue burden, alter the fundamental nature of the program, or pose a direct threat to others (some courts have added to self) Provides for the posting of notices in accessible formats Department of +ustice (D#+) ""#! coordinating rule provides that ""#! will process employment complaints

$ublic Ser%ices an& Transportation !Title ""#

!overs public entities,State and local governments and their instrumentalities Department of Transportation is the lead agency for transportation. D#+ is the lead agency for everything else but has designated certain agencies to be delegated compliance responsibilities. Department of the %nterior (D#%) is one of these designated agencies. &emedies and procedures of Title $% of the !ivil &ights Act is the basis for enforcement of ADA, Title %%. Section -.* of the &ehabilitation Act (-.*) federally assisted and conducted regulations was the foundation used by !ongress in providing the re uirements of ADA, Title %%

U.S. Department of the Interior Bureau of Reclamation

ADA, Title %% essentially e/tends the antidiscrimination prohibition embodied in -.* to all States and local entities !overs all facets of employment without restriction by number of employees (coordinating rule provides that ""#! will assume compliance responsibilities for employment area) &e uires a self,evaluation of an entities programs,structural and non, structural &e uires an entity to develop a transition plan for the correction of all structural non,compliance Provides for a choice of design standards between the 0niform 1ederal Accessibility Standards (01AS) and the Americans with Disabilities Act Accessibility 2uidelines (ADAA2) by entity (e/perience has been that 01AS has never been chosen) Provides that non,structural public services be accessible by +an 3), '((3 Provides that buses and subway cars purchased or leased after August 3-, '((. be accessible Provides that one car per train be accessible by +uly 3), '(("/isting 45ey stations6 for rapid, commuter, and light rail systems be accessible by +uly 3), '((7 Provides for e/ceptions of undue burden and alteration of the fundamental nature of the program Provides for ma5ing historic programs accessible unless to do so would cause a substantial impairment of significant historical features Provides for complaint resolution by the agency with -.* 8urisdiction or the designated agency (the designated agency gets it) 9ust see5 voluntary resolution: if not attainable may submit to D#+

$ublic Accommo&ations an& Commercial Facilities inclu&in' Transportation !Title """#

Provides for structural access,barrier removal if readily achievable Provides for non,structural access unless undue burden, fundamental alteration, or direct threat to others D#+ lead agency ADAA2 is the design standard Provides that buses and subway cars be accessible after Aug 3-, '((. Provides that new 4over,the,road6 buses ordered after +uly 3), '(() (+uly 3), '((; for small companies) must be accessible Penalties< permanent or temporary in8unctions and Attorney general may fine up to =-.,... 'st violation and ='..,... subse uent violations !ontractors of public entities are dually responsible under ADA, Titles %% and %%%

U.S. Department of the Interior Bureau of Reclamation

Telecommunications !Title "(#

&e uired telecommunications relay system for deaf and hard of hearing &e uired closed captioning of certain public announcements 1ederal !ommunications !ommission is the lead agency "nforcement basis is the 1ederal !ommunications Act

)iscellaneous $ro%isions !Title (#

States not immune under the ''th amendment (recent Supreme !ourt decisions say they are but not under -.*) Prohibits retaliation and coercion &e uired Access >oard to provide design standards by *?3)?(' for ADA, Titles %% @ %%% Provides for payment of attorneys fees for prevailing parties Provision for 1ederal lead agencies to provide technical assistance (D#+,Technical assistance 2uides: Department of "ducation,funds '. Technical Assistance !enters around the country) Provides for a wilderness area study relating to access Provides for the coverage of the Aouse @ Senate Amends the &ehab Act to provide that disability does not include current illegal use of drugs or alcohol at the wor5place Provides, where appropriate, for the use of alternative means of dispute resolution including settlement negotiations, conciliation, facilitation, mediation, mini,trials, and arbitration

U.S. Department of the Interior Bureau of Reclamation