Discrimination Illegal use of drugs auxiliary aids and services disability State Commission covered entity direct threat employee employer illegal use of drugs drug person labor organization employment agency commerce industry affecting commerce qualified individual with a disability reasonable accommodation undue hardship discriminate qualification standards public entity program accessibility existing facilities communications demand responsive system designated public transportation fixed route system operates public school transportation Secretary discrimination commuter authority commuter rail transportation commuter rail passenger transportation intercity rail transportation rail passenger car responsible person station AMERICANS WITH DISABILITIES ACT OF 1990 Editor’s Note: Following is the text of Americans with Disabilities Act “ADA” as amended before passage ADA Amendments 2008. The was originally enacted in public law format and later rearranged published by subject matter United States Code. Links to current are available on ADA.gov at www.ada.gov/pubs/ada.htm . TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 126 EQUAL OPPORTUNITY FOR INDIVIDUALS Sec. 12101. Findings purpose. Section 2 (a) Findings. (b) Purpose. 12102. Definitions. 3 SUBCHAPTER I EMPLOYMENT Title I 12111. 101 12112. Discrimination. 102 General rule. Construction. (c) Covered entities foreign countries. (d) Medical examinations inquiries. 12113. Defenses. 103 In general. Qualification standards. Religious entities. List infectious communicable diseases. 12114. Illegal use drugs alcohol. 104 Qualified individual a disability. Rules construction. Authority covered entity. Drug testing. (e) Transportation employees. 12115. Posting notices. 105 12116. Regulations. 106 12117. Enforcement. 107 Powers remedies procedures. Coordination. II SERVICES II PART A Prohibition Against Other Generally Applicable Provisions Subtitle A 12131. 201 12132. 202 12133. 203 12134. 204 Relationship other regulations. Standards. B Actions Public Provided Entities Considered Discriminatory B SUBPART Than Aircraft or Certain Rail Operations Part 12141. 221 12142. operating fixed route systems. 222 Purchase lease new vehicles. used Remanufactured 12143. Paratransit complement service. 223 Issuance Required contents Review plan. defined. (f) Statutory 12144. entity demand responsive system. 224 12145. Temporary relief where lifts unavailable. 225 Granting. Duration notice Congress. Fraudulent application. 12146. New facilities. 226 12147. Alterations existing 227 Special rule for stations. 12148. transportation programs activities facilities one car per train 228 One 12149. 229 12150. Interim accessibility requirements. 230 Intercity Commuter 12161. 241 12162. commuter rail actions considered discriminatory. 242 transportation. Used cars. Stations. 12163. Conformance 243 12164. 244 12165. 245 passenger III ACCOMMODATIONS OPERATED BY PRIVATE ENTITIES III 12181. 301 12182. accommodations. 302 12183. construction alterations accommodations commercial Application term. Elevator. 12184. specified services provided private 303 Historical antiquated 12185. Study. 304 Purposes. Contents. Advisory committee. Deadline. Review. 12186. 305 provisions. Consistency ATBCB guidelines. 12187. Exemptions clubs religious organizations. 306 12188. 307 Enforcement Attorney General. 12189. Examinations courses. 308 IV MISCELLANEOUS PROVISIONS V 12201. 501 laws. Insurance. Accommodations services. 12202. immunity. 502 12203. against retaliation coercion. 503 Retaliation. Interference coercion intimidation. Remedies 12204. Regulations Architectural Barriers Compliance Board. 504 Contents historic properties. 12205. Attorney’s fees. 505 12206. Technical assistance. 506 Plan Agency Implementation. Grants contracts. Failure receive 12207. Federal wilderness areas. 507 Submission report. Specific access. 12208. Transvestites. 508 12209. Instrumentalities 509 12210. drugs. 510 Health 12211. 511 Homosexuality bisexuality. conditions. 12212. Alternative means dispute resolution. 513 12213. Severability. 514 47 TELEGRAPHS TELEPHONES RADIOTELEGRAPHS 5 WIRE OR RADIO COMMUNICATION COMMON CARRIERS Part Common Carrier Regulation 225. Telecommunications hearing-impaired speech-impaired individuals 401 VI 611. Closed-captioning service announcements 402 purpose Congress finds that (1) some 43000000 have more physical mental disabilities this number increasing population whole growing older (2) historically society has tended isolate segregate and despite improvements such forms disabilities continue be serious pervasive social problem (3) persists critical areas employment housing accommodations education transportation communication recreation institutionalization health services voting access services (4) unlike who experienced basis race color sex national origin religion age often had no legal recourse redress discrimination (5) continually encounter various discrimination including outright intentional exclusion discriminatory effects architectural communication barriers overprotective rules policies failure make modifications practices exclusionary qualification standards criteria segregation relegation lesser programs activities benefits jobs opportunities (6) census data polls studies documented people group occupy an inferior status our society severely disadvantaged socially vocationally economically educationally (7) discrete insular minority been faced restrictions limitations subjected history purposeful unequal treatment relegated position political powerlessness based characteristics beyond control resulting from stereotypic assumptions not truly indicative ability participate in contribute to society (8) Nation's proper goals regarding assure equality opportunity full participation independent living economic self-sufficiency individuals (9) continuing existence unfair unnecessary prejudice denies opportunity compete equal pursue those opportunities which free justifiably famous costs billions dollars expenses dependency nonproductivity. Purpose It chapter provide clear comprehensive mandate elimination disabilities clear strong consistent enforceable addressing ensure Government plays central role enforcing established behalf invoke sweep congressional authority power enforce fourteenth amendment regulate commerce order address major day-to-day disabilities. Definitions As chapter: Auxiliary aids term includes (A) qualified interpreters effective methods making aurally delivered materials hearing impairments (B) readers taped texts visually visual (C) acquisition modification equipment devices (D) similar actions. Disability means respect impairment substantially limits life individual record impairment being regarded having impairment. each several States District Columbia Commonwealth Puerto Rico Guam American Samoa Virgin Islands Trust Territory Pacific Northern Mariana Islands. subchapter: Equal Employment Opportunity section 2000e-4 title. employer employment agency labor organization joint labor-management Direct threat significant risk safety others cannot eliminated reasonable accommodation. Employee employed employer. With country citizen States. Employer general engaged industry affecting 15 employees working day 20 calendar weeks preceding year any agent person except that two years following date subchapter 25 person. Exceptions does include (i) corporation wholly owned government Indian tribe (ii) bona fide membership club (other than organization) exempt taxation under 501(c) title 26. drugs possession distribution unlawful Controlled Substances 21 U.S.C. 801 et seq.. Such taken supervision licensed care professional uses authorized provisions law. Drugs controlled substance defined schedules through V 202 812. Person etc. terms shall same meaning given 2000e who without accommodation can perform essential functions holds desires. For purposes consideration employer's judgment what job essential if prepared written description advertising interviewing applicants job evidence job. Reasonable accommodation may readily accessible usable restructuring part-time modified work schedules reassignment vacant position devices appropriate adjustment examinations training provision readers interpreters (10) Undue hardship action requiring difficulty expense when light factors set forth subparagraph (B). Factors determining whether would impose undue entity nature cost needed chapter overall financial resources facility involved accommodation persons facility effect resources impact otherwise upon operation (iii) entity size business its employees number type location facilities (iv) type operations composition structure workforce geographic separateness administrative fiscal relationship question No because regard application procedures hiring advancement discharge employees compensation training terms conditions privileges employment. Construction subsection section limiting segregating classifying applicant way adversely affects employee participating contractual arrangement subjecting entity's prohibited subchapter (such referral union organization providing fringe benefits apprenticeship programs) utilizing standards administration disability perpetuates common administrative control excluding denying jobs known whom association limitations employee unless demonstrate disability denial need impairments applicant using tests selection criteria screen out tend class standard test shown job-related consistent necessity failing select administer concerning most manner administered impairs sensory manual speaking skills results accurately reflect aptitude whatever factor purports measure rather reflecting impaired skills (except measure). countries take constitute workplace country compliance cause violate located. Control Presumption If controls whose place incorporation practice constitutes presumed Exception This apply Determination paragraph determination interrelation operations management centralized relations ownership corporation. inquiries prohibition referred medical Preemployment Prohibited examination inquiry Except paragraph (3) conduct severity Acceptable preemployment into functions. entrance require after offer made prior commencement duties applicant condition examination all entering regardless information obtained collected maintained separate files treated confidential record supervisors managers informed necessary accommodations first aid personnel informed appropriate might emergency treatment officials investigating relevant request only accordance subchapter. Examination necessity. voluntary histories part program site. Requirement Information requirements subparagraphs (3). Defenses defense charge alleged tests deny benefit job- related necessity performance accomplished required requirement pose direct workplace. prohibit corporation association educational institution giving preference particular religion connected carrying activities. tenets Under conform organization. diseases Human Services 6 months July 26 1990 review transmitted handling food supply publish list transmitted widely disseminate their modes transmissibility public. updated annually. Applications case disease food included developed Services (1) refuse assign involving handling. Nothing construed preempt modify amend State county local law ordinance regulation applicable designed protect others pursuant Services. alcohol currently engaging illegal acts use. exclude successfully completed supervised rehabilitation longer rehabilitated use erroneously use but it violation adopt policies limited testing described influence workplace behave conformance Drug-Free Workplace 1988 (41 701 seq.) hold engages alcoholic behavior even unsatisfactory alcoholism may regulations comply Department Defense regulations complying (if any) sensitive positions industry (as Defense) Nuclear Regulatory Commission Commission) Transportation Transportation). testing determine examination. encourage prohibit authorize conducting decisions results. restrict lawful exercise jurisdiction authority for safety-sensitive on-duty alcohol remove positive implementing section. notices Every committee post applicants members describing chapter prescribed 2000e-10 Not 1 year issue carry 5. procedures powers sections 2000e-4 2000e-5 2000e-6 2000e-8 2000e-9 provides General alleging promulgated 12116 title Coordination agencies enforcement allege Rehabilitation 1973 29 seq. develop complaints filed dealt avoids duplication effort prevents imposition inconsistent conflicting 1973. Office Contract Programs establish coordinating mechanisms (similar contained 28 1691 29 Code Regulations Memorandum Understanding between dated January 16 1981 (46 Fed. Reg. 7435 23 1981)) 18 1990. government department special district instrumentality National Railroad Passenger Corporation 24102(4) 49). rules removal auxiliary meets eligibility receipt participation Subject shall reason excluded denied rights 794a 29 12132 promulgate implement part. within scope 12143 12149 12164 coordination 41 28 Health Education Welfare 13 1978) recipients assistance 794 29. analysis 39 federally conducted Standards vehicles part facilities stations cars minimum guidelines issued Board 12204(a) Subpart subpart: Demand system designated Designated school transportation) bus rail conveyance aircraft intercity 12161 title)) (including charter service) regular basis. Fixed vehicle operated along according schedule. Operates system bus schoolchildren personnel elementary secondary school-related Transportation. systems purchase rapid vehicle solicitation 30th wheelchairs. lease makes demonstrated good faith efforts (2) remanufacture so extend more begins (or made) 1990 remanufactured occurs during period extended unless remanufacture is maximum extent feasible segment Register Historic Places character solely significantly alter with) meet do vehicle. Vehicles 12148(a) subsection. fail paratransit wheelchairs sufficient level comparable system response time comparable practicable final Eligible unable result vision impairment) another operator wheelchair lift boarding device) board ride disembark needs device (and able assistance) wants travel hours time time) route specific impairment-related traveling disembarking accompanying individuals addition (a) space these additional will clauses (A) location. Service area portion paragraphs burden limitation satisfaction notwithstanding (5)) burden. Additional circumstances provide (4) (4). hearing comment consult preparing plan (7). Plans submit Secretary commence implementation of section annual thereafter Provision submitting identify applies determines objectives submitted Disapproval reviewed fails disapprove notify disapproval reasons therefor. Modification disapproved 90 days subsection modify submit subsections (c)(6) (c)(7) submission (d)(3) preventing greater wheelchairs viewed entirety equivalent unavailable Granting buses temporarily relieve obligation 12142(a) 12144 buses demonstrates initial were lift-equipped unavailability manufacturer hydraulic electromechanical buses seeking temporary locate supply solicitation further delay purchasing obtain impair community served Any granted duration date committees notified granted. If believe fraudulently applied cancel still effect considers appropriate. construct thereof affect could usability thereof altered portions completion alterations. Where undertaking alteration containing primary function also path bathrooms telephones drinking fountains serving area alterations disproportionate determined General). stations fail key regulation) Rapid Accessibility regulation soon practicable event last 3-year beginning Extension extraordinarily expensive structural changes up 30-year replacement 20th least 2/3 must milestones reflects consultation affected comments plan establishes achievement operate activity Paragraph 12147(a) (relating alterations) stations). Utilization applies utilize 2 5-year trains Places 12142(c)(1) format subpart 12143 title). 12204 12149 valid building permit issuance permit Uniform suffice satisfy 12146 12147 supplemental 49. 24102(5) Corporation. single-level bi-level coach dining single- sleeping lounge Responsible 50 percent party station allocated equitable Transportation party owns owners owners Station property located appurtenant right-of-way operated platforms waiting areas ticketing restrooms property concession exercises over selection design construction flag stops. cars 30 coaches Single-level entered wheelchair park secure seat transfer fold store passenger's restroom wheelchair platform passenger. fo