ADA Solutions & FAQs

We offer various Events & Educational Materials, including FAQs on the ADA, to learn about the Americans with Disabilities Act (ADA) and disability-related issues.

What is the ADA?

The Americans with Disabilities Act (ADA) of 1990 is a civil rights law that protects qualified individuals with disabilities from discrimination and provides for equal access and opportunity. Former President George Bush signed the ADA into law on July 26, 1990.

The ADA applies to situations in these five areas:

1. Employment,
2. State and local government,
3. Public accommodations (private businesses),
4. Telecommunications, and
5. Transportation.

Definition of Disability under the ADA

The ADA prohibits discrimination against any qualified individual with a disability. Specifically, the ADA protects three categories of individuals:

1. Individuals who have a physical or mental impairment that substantially limits one or more major life activity.
2. Individuals who have a record of a physical or mental impairment.
3. Individuals who are regarded as having an impairment, whether they have an impairment or not?

The ADA does not include a list of covered disabilities under the law. Therefore, to determine if you are covered under the law, you need to determine if you have a physical or mental impairment that substantially limits one or more major life activity.

The definition of disability does not include simple physical characteristics, common personality traits, or environmental, cultural, or economic disadvantages.

The ADA also excludes coverage for individuals who currently use illegal drugs, certain sexual disorders and preferences, and compulsive gambling, kleptomania, and pyromania.

FAQs: Frequently Asked Questions for Individual/Advocate on the ADA

What are my employment rights as an individual with a disability?

If you are an individual with a disability and are qualified to do a job, the ADA protects you from job discrimination on the basis of your disability.

In order to be protected from job discrimination by the ADA, you must be qualified to perform the essential functions or duties of a job, with or without reasonable accommodation. A reasonable accommodation is any change or adjustment to a job or work environment that helps an employee with a disability apply for a job, perform the essential functions of the job, or enjoy the benefits of employment. The ADA is not an affirmative action law. Therefore, you must meet the employer’s requirements for the job such as education, employment experience, or skills.

The ADA covers all private employers with 15 or more employees. All State and local government employers, regardless of size, are covered.

Are State and local government agencies required to make their programs and services accessible to me?

A State or local government agency may not deny the benefits of its programs, activities, and services to individuals with disabilities because its facilities are physically inaccessible. An agency’s services, programs, and activities, when viewed in its entirety, must be readily accessible to and useable by individuals with disabilities. This standard applies to all existing facilities of a public entity. Public entities are not necessarily required to make all of their existing facilities and buildings accessible. When choosing a method of providing program access, a public entity must give priority to the one that results in the most integrated setting appropriate to encourage interaction among all users, including individuals with disabilities.

How does the ADA apply to a private business?

In general, all new buildings built since 1992 must be accessible to individuals with disabilities.

Examples include, but are not limited to: restaurants, movie theaters, doctors' offices, hotels, city bus stations, museums, and some office buildings. For older buildings, the ADA requires business owners to remove physical barriers that can be removed without much difficulty or expense.

Businesses open to the public must operate in a nondiscriminatory manner ensuring that people with disabilities have the same opportunity to participate in and benefit from the services, activities, and goods offered to all other customers, patrons, and clients.

I am individual who is deaf. Am I always entitled to a sign language interpreter?

Employers, State and local government agencies, and places of public accommodation must ensure that their communications with individuals with disabilities are as effective as communication with others. In order to provide equal access, these groups are required to provide auxiliary aids and services that promote effective communication.

Examples of auxiliary aids and services include, but are not limited to: qualified interpreters, captioning, TTYs, large print materials, Braille materials, and computer software.

A sign language interpreter may be required when the information being communicated in a transaction is complex or is exchanged for a long period of time. An interpreter is not always required for all communication situations. Factors to be considered when deciding if the use of an interpreter is appropriate can include the context of the conversation, the number of people involved, and the importance of the communication.

FAQs: Frequently Asked Questions for Architecture/Design on the ADA

What are the specific standards for accessibility under the ADA? How does the ADAAG compare to other standards?

The standards to be used in new construction and alterations covered by the ADA are the ADA Standards for Accessible Design (ADA Standards). The substance and form of ADAAG is drawn from several sources, particularly the Uniform Federal Accessibility Standards (UFAS) and the American National Standard Institute’s (ANSI) standards.

The technical design standards in the ADA Standards for Accessible Design resemble the 1986 ANSI standards in large part. The numbering and format of the ADA Standards also resemble ANSI. However, there are significant differences between the ADA Standards and the 1986 ANSI standards. First, the ADA Standards contain scoping requirements—specifications as to how many, and under what circumstances, accessibility features must be incorporated. The ADA Standards also focus on certain areas not addressed in ANSI, such as dressing rooms, restaurants, automated teller machines, and mercantile establishments.

The ADA Standards apply to all areas in new construction and alterations, except where limited by scoping requirements.

What buildings are covered? What are the standards for making new buildings accessible?

As a general rule, all newly constructed places of public accommodation and commercial facilities, occupied after January 26, 1993, must be readily accessible to and usable by individuals with disabilities to the extent that it is not structurally impracticable (i.e., unique characteristics of the land prevent the incorporation of accessibility features in a facility). “Readily accessible and usable” means that facilities must be built in strict compliance with the ADA Standards for Accessible Design. There is no cost defense to the new construction requirements.

What is an alteration according to the ADA? What are the standards for alterations?

As a general rule, all alterations to a place of public accommodation or commercial facility must be readily accessible to and usable by individuals with disabilities in accordance with ADA Standards to the maximum extent possible. An alteration is any change that affects usability. It includes remodeling, renovation, rearrangements in structural parts, and changes or rearrangement of walls and full-height partitions. Normal maintenance, re-roofing, painting, wallpapering, asbestos removal, and changes to electrical and mechanical systems are not alterations, unless they affect usability.

When an alteration is made to a primary function area, not only must that alteration be done in compliance with the ADA Standards, but there must also be an accessible path of travel from the altered area to the entrance. The path of travel requirement includes an accessible route to the altered area and the bathrooms, telephones, and drinking fountains serving the area. Alterations to provide an accessible path of travel are required to the extent that they are not disproportionate to the original alteration, that is, to the extent that the added accessibility costs do not exceed 20% of the cost of the original alteration to the primary function area.

The U.S. Access Board released the ADA/ABA Guidelines in 2004. Should I follow these guidelines or the ADA Standards for Accessible Design?

On July 23, 2004, the U.S. Access Board issued updated accessibility guidelines for new or altered facilities covered by Americans with Disabilities Act and the Architectural Barriers Act. These guidelines address a wide range of facilities in the private and public sectors. These guidelines are not mandatory on the public, but instead serve as the baseline for enforceable standards (which are) maintained by other Federal agencies. In this respect, they are similar to a model building code in that they are not required to be followed except as adopted by an enforcing authority. Under the ADA, the Department of Justice (and in the case of transit facilities, the Department of Transportation) is responsible for enforceable standards based on the Board’s guidelines. These agencies will update their ADA standards based on the new guidelines. In doing so, they will indicate when the new standards are to be followed. Several other agencies (the General Services Administration, Department of Defense, Department of Housing and Urban Development, and the U.S. Postal Service) hold a similar responsibility for standards used to enforce the ABA.

The Department of Justice has published an Advance Notice of Proposed Rulemaking (ANPRM) and is in the process of revising the Department's ADA regulations to adopt design standards that are consistent with the revised ADA Accessibility Guidelines published by the U.S. Access Board on July 23, 2004. The ADA requires the Department of Justice to publish regulations that include accessibility standards that are consistent with the Access Board's guidelines. Until the Department's rulemaking is complete, the revised ADA Guidelines are effective only as guidance to the Department of Justice and to the Department of Transportation. The revised guidelines have no legal effect on the public; therefore the ADA Standards for Accessible Design incorporated into the ADA Title III regulations continue to be the enforceable standard.

FAQs: Frequently Asked Questions for Business on the ADA

What businesses are covered under the ADA?

Title III of the ADA covers public accommodations, commercial facilities, examinations and courses related to licensing or certification, and transportation provided to the public by private entities. Title III became effective on January 26, 1992. Public accommodations are private entities that own, operate, or lease to places of public accommodation. A place of public accommodation is a facility whose operations affect commerce and fall within at least one of the following 12 categories:

1. Places of lodging (e.g., inns, hotels, motels) (except for owner-occupied establishments renting fewer than six rooms);
2. Establishments serving food or drink (e.g., restaurants and bars);
3. Places of exhibition or entertainment (e.g., motion picture houses, theaters, concert halls, stadiums);
4. Places of public gathering (e.g., auditoriums, convention centers, lecture halls);
5. Sales or rental establishments (e.g., bakeries, grocery stores, hardware stores, shopping centers);
6. Service establishments (e.g., laundromats, dry-cleaners, banks, barber shops, beauty shops, travel services, shoe repair services, funeral parlors, gas stations, offices of accountants or lawyers, pharmacies, insurance offices, professional offices of health care providers, hospitals);
7. Public transportation terminals, depots, or stations (not including facilities relating to air transportation);
8. Places of public display or collection (e.g., museums, libraries, galleries);
9. Places of recreation (e.g., parks, zoos, amusement parks);
10. Places of education (e.g., nursery schools, elementary, secondary, undergraduate, or postgraduate private schools);
11. Social service center establishments (e.g., day care centers, senior citizen centers, homeless shelters, food banks, adoption agencies); and
12. Places of exercise or recreation (e.g., gymnasiums, health spas, bowling alleys, golf courses).

Commercial facilities that are privately owned, non-residential facilities involved in commercial activity, such as a factory, warehouse, corporate office building, or other facility in which employment may occur have obligations under Title III of the ADA covering nondiscrimination in policies, practices, and procedures, effective communication, and barrier removal.

What are the ADA requirements for businesses?

Places of public accommodation have four specific requirements under the ADA:

1. Remove barriers to make your goods and services available to and useable by people with disabilities, to the extent that it is readily achievable to do so- in other words, to the extent that needed changes can be accomplished without much difficulty or expense.
2. Provide auxiliary aids and services so that people with sensory or cognitive disabilities have access to effective means of communication, unless doing so would fundamentally alter your business' operation or result in undue burdens.
3. Modify any policies, practices, or procedures that may be discriminatory or have a discriminatory effect, unless doing so would fundamentally alter the nature of the goods, services, facilities, or accommodation of your business.
4. Ensure that there are no unnecessary eligibility criteria that tend to screen out or segregate individuals with disabilities or limit their full and equal enjoyment of you business.

FAQs: Frequently Asked Questions for Employers on the ADA

Who must comply with the Title I employment provisions of the ADA?

Private employers, State and local governments, employment agencies, labor unions, and joint labor-management committees must comply with Title I of the ADA. The ADA calls these "covered entities." The term employer includes persons who are "agents" of the employer, such as managers, supervisors, and foremen, or others who act for the employer, such as temporary employment agencies and agencies used to conduct background checks on candidates. Therefore, the employer is responsible for ensuring that the actions of these agents do not violate the ADA Private employers with 15 or more employees, including part-time employees, working for them for 20 or more calendar weeks in the current or preceding calendar year, must comply with the ADA.

State and local governments, regardless of the number of employees, are covered by the employment nondiscrimination requirements under Title II of the ADA.

Are there any special compliance situations under Title I of the ADA?

1. Religious organizations are covered by Title I of the ADA, but they may give employment preference to people of their own religion or religious organization.

   Example: A church organization could require that its employees be members of its religion. However, it could not discriminate in employment on the basis of disability against members of its religion.

2. The Legislative Branch of the U.S. government is covered by the ADA, but it is governed by different enforcement procedures established by Congress for its employees.
3. Certain individuals appointed by elected officials of State and local governments also are covered by the special enforcement procedures established for Congressional employees.
4. When several small employers (each with fewer that 15 employees but together employing a total of 15 or more) function as one integrated enterprise, they are covered by Title I.

Who is Exempt from Title I of the ADA?

• Private employers with fewer than 15 employees unless several small employers (each with fewer that 15 employees but together employing a total of 15 or more) function as one integrated enterprise.
• Corporations fully owned by the U.S. Government, Indian tribes, and bona fide private membership clubs that are not labor organizations and are exempt from taxation under the Internal Revenue Code.
• U.S. Government executive agencies are exempt from the ADA, but these agencies are covered by similar nondiscrimination requirements and additional affirmative employment requirements under Section 501 of the Rehabilitation Act of 1973.
• The ADA provides an exemption from coverage for any action in ADA compliance that would violate the law of the foreign country where a workplace is located.

What Employment Practices are covered under Title I?

The ADA makes it unlawful to discriminate in all employment practices such as: recruitment, hiring, promotion, training, lay-off, pay, firing, job assignments, benefits, leave and all other employment-related activities.

What are my responsibilities as an employer under Title I?

Covered employers are required to provide reasonable accommodations to qualified persons with disabilities so they may have an employment opportunity equal to that available to individuals without disabilities.

In order to be protected by the ADA, an individual with a disability must be qualified to perform the essential functions of the job; these are the basic job duties that an employee must be able to perform with or without reasonable accommodation. Collectively, this means that the applicant or employee must:

• Satisfy your job requirements for educational background, employment experience, skills, licenses, and any other qualification standards that are job related; and
• Be able to perform those tasks that are essential to the job, with or without reasonable accommodation.

It is a violation of the ADA to fail to provide reasonable accommodation to the known physical or mental limitations of a qualified individual with a disability, unless to do so would impose an undue hardship on the operation of your business.

Employers are not required to lower quality or production standards to make an accommodation, nor is an employer obligated to provide personal use items such as glasses or hearing aids.

The ADA does not interfere with your right to hire the best qualified applicant. Nor does the ADA impose any affirmative action obligations. The ADA simply prohibits you from discriminating against a qualified applicant or employee because of her or his disability.

In identifying an essential function to determine if an individual with a disability is qualified, you should focus on the purpose of the function and the result to be accomplished, rather than the manner in which the function presently is performed.

What is a reasonable accommodation?

A reasonable accommodation is any modification or adjustment to a job, an employment practice, or the work environment that makes it possible for an individual with a disability to have an equal employment opportunity. Reasonable accommodation allows an individual to overcome a barrier in the work environment that will allow the individual with a disability to function effectively as an employee or as a potential employee.

FAQs: Frequently Asked Questions for State and Local Governement on the ADA

What State and local government agencies are covered by the ADA?

Title II of the ADA applies to State and local government agencies, also known as public entities.

A public entity covered by Title II of the ADA is defined as:

• Any State or local government.
• Any department, agency, special purpose district, or other instrumentality of a State or local government, including public schools.
• Certain commuter authorities and AMTRAK.

Title II of the ADA prohibits discrimination against qualified individuals with disabilities by public entities. Activities covered include:

• The operation of all services and programs offered by the entity.
• All aspects of the employment relationship.
• Government services carried out by contractors.
• Activities of State and local legislative and judicial branches.

Title II of the ADA does NOT cover activities of the Federal government, including the military. Federal agencies are covered by the Rehabilitation Act of 1973.

What are the general requirements of the law?

1. Equal Opportunity: The ADA requires that individuals with disabilities have an equal opportunity to participate in the programs and activities offered by State and local governments for which they are eligible. This right includes not only the opportunity to participate, but also an opportunity that is equally effective. Although a public entity can provide separate benefits or services, it should do so only where necessary to provide an equal opportunity.
2. Integrated Programs: Services and programs must be delivered in the most integrated setting appropriate to the person's level of need even if separate programs exist. A public entity cannot require that an individual with a disability participate in a separate program.
3. Methods of Administration: A public entity may not use official written policies that are discriminatory or engage in actual practices that are discriminatory.
4. Licensing and Certification: A public entity may not use official written policies that are discriminatory or engage in actual practices that are discriminatory. A qualified individual with a disability cannot be denied licensure or certification by a public entity if the person meets the essential eligibility requirements for the task involved. This requirement also applies when a public entity contracts with a private entity to handle licensing and certification responsibilities.

What steps should State and local government entities take to ensure compliance with the ADA?

Title II requires that public entities with 50 or more employees do the following:

1. Designate a responsible employee to coordinate and ensure ADA compliance. This requirement ensures that the public can identify a person who is familiar with the requirements of the ADA and who can communicate these requirements to other individuals in the agency who may be unaware of their responsibilities. The public entity must provide the ADA coordinator’s name, office address, and telephone number to the general public. The ADA coordinator’s role includes panning and coordinating overall compliance efforts, ensuring that the administrative requirements are achieved, and receiving and investigating grievances on programs, services, practices, and employment.
2. Provide notice of ADA requirements. All public entities, regardless of size, must provide information to all interested parties regarding the rights and protections afforded by Title II, including information about how the Title II requirements apply to its particular programs, services, and activities. The public entity must provide the information on an ongoing basis
3. Establish a grievance procedure. Grievance procedures must be adopted and published. These procedures provide for a prompt and equitable resolution of grievances arising under Title II. The ADA coordinator is responsible for receiving and investigating complaints. The purpose of the grievance procedure is to provide a mechanism for the resolution of discrimination issues at the State or local level.
4. Conduct a self-evaluation. All public entities must conduct a self-evaluation, a comprehensive review of the entity's current policies and practices, including communications and employment. Through the self-evaluation, the entity must identify any policies or practices that do not comply with Title II requirements and modify those policies and practices to bring them into compliance.
5. Develop a transition plan. A transition plan must be developed when structural changes to existing facilities are necessary in order to make a program, service, or activity accessible to individuals with disabilities. The transition plan identifies physical obstacles that limit the accessibility of programs, services, or activities to individuals with disabilities, describes the methods to be used to make the facilities accessible, provides a schedule for making the access modifications, and indicates the public official responsible for implementation of the transition plan.

What is program access? How can State and local government agencies ensure programs and services are accessible to individuals with disabilities?

As a general rule, a public entity may not deny the benefits of its programs, activities, and services to individuals with disabilities because its facilities are physically inaccessible. A public entity's services, programs, and activities, when viewed in its entirety, must be readily accessible to and useable by individuals with disabilities. This standard applies to all existing facilities of a public entity. Public entities are not necessarily required to make all of their existing facilities accessible.

When choosing a method of providing program access, a public entity must give priority to the one that results in the most integrated setting appropriate to encourage interaction among all users, including individuals with disabilities

Requirements for achieving program accessibility became effective January 26, 1992.

What do State and local government agencies need to do to make buildings and facilities accessible to individuals with disabilities?

All facilities designed, constructed, or altered by, on behalf of, or for the use of a public entity (State or local government) must be readily accessible and usable by individuals with disabilities. The facility must be designed, constructed, or altered in strict compliance with the ADA Standards for Accessible Design. Public entities must provide elevators in all new, multi-level construction.

Automatic door openers are NOT required by the ADA. However, the main entrance to buildings must be manageable. It is recommended that opening the door should not require more than 8.5 pounds of pressure. In some instances, automatic door openers are the only way to make the main entrance of your business accessible.

What are State and local government agencies required to do to provide effective communication?

State and local government agencies must ensure that communications with individuals with disabilities are as effective as communication with others. In order to provide equal access, public entities are required to provide auxiliary aids and services that promote effective communication.

Examples of auxiliary aids and services include, but are not limited to: qualified interpreters, captioning, TTYs, large print materials, Braille materials, and computer software.

Public entities must allow individuals with disabilities to request the auxiliary aid or service of their choice. The public entity MUST give preference to the first choice of the individual with a disability, unless the entity can demonstrate that another equally effective means of communication is available.

Public entities that provide emergency telephone services must provide direct access to individuals who rely on a TTY for telephone communication. Use of the relay service for these services does not satisfy this requirement.

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