A Guide to Disability Rights LawsFebruary 2020TABLE OF CONTENTSFor persons with disabilities, this document is available in large print, Braille, and CD.Reproduction of this document is encouraged.This guide provides an overview of Federal civil rights laws that ensure equal opportunity for people with disabilities. To find out more about how these laws may apply to you, contact the agencies and organizations listed below.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.To be protected by the ADA, one must have a disability or have a relationship or association with an individual with a disability.
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The best approach is to answer ques on 6 a L er you’ve answered all the other ques ons on the Func on Report. The ques onnaire asks a lot of specifi c ques ons. If you describe something in answer to a specifi c ques on, you don’t need to repeat it when answering. An inquiry asking an employee to disclose a compromised immune system or a chronic health condition is disability-related because the response is likely to disclose the existence of a disability. (29) The ADA does not permit such an inquiry in the absence of objective evidence that pandemic symptoms will cause a direct threat.
An individual with a disability is defined by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment. The ADA does not specifically name all of the impairments that are covered.ADA Title I: EmploymentTitle I requires employers with 15 or more employees to provide qualified individuals with disabilities an equal opportunity to benefit from the full range of employment-related opportunities available to others. For example, it prohibits discrimination in recruitment, hiring, promotions, training, pay, social activities, and other privileges of employment.
It restricts questions that can be asked about an applicant's disability before a job offer is made, and it requires that employers make reasonable accommodation to the known physical or mental limitations of otherwise qualified individuals with disabilities, unless it results in undue hardship. Religious entities with 15 or more employees are covered under title I.Title I complaints must be filed with the U. Equal Employment Opportunity Commission (EEOC) within 180 days of the date of discrimination, or 300 days if the charge is filedwith a designated State or local fair employment practice agency.
Individuals may file a lawsuit in Federal court only after they receive a 'right-to-sue' letter from the EEOC.Charges of employment discrimination on the basis of disability may be filed at any U.S. Equal Employment Opportunity Commission field office.
Field offices are located in 50 cities throughout the U.S. And are listed in most telephone directories under 'U.S. For the appropriate EEOC field office in your geographic area, contact:(800) 669-4000 (voice)(800) 669-6820 (TTY)(844) 234-5122(VP)For information on how to accommodate a specific individual with a disability, contact the Job Accommodation Network at:(800) 526-7234 (voice)(877) 781-9403 (TTY)ADA Title II: State and Local Government ActivitiesTitle 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.Complaints of title II violations may be filed with the Department of Justice within 180 days of the date of discrimination. In certain situations, cases may be referred to a mediation program sponsored by the Department. The Department may bring a lawsuit where it has investigated a matter and has been unable to resolve violations. For more information, contact:U.S.
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Department of JusticeCivil Rights Division950 Pennsylvania Avenue, N.W.Disability Rights SectionWashington, D.C. 20530(800) 514-0301 (voice)(800) 514-0383 (TTY)Title II may also be enforced through private lawsuits in Federal court. It is not necessary to file a complaint with the Department of Justice (DOJ) or any other Federal agency, or to receive a 'right-to-sue' letter, before going to court.ADA Title II: Public TransportationThe transportation provisions of title II cover public transportation services, such as city buses and public rail transit (e.g.
Subways, commuter rails, Amtrak). Public transportation authorities may not discriminate against people with disabilities in the provision of their services.
They must comply with requirements for accessibility in newly purchased vehicles, make good faith efforts to purchase or lease accessible used buses, remanufacture buses in an accessible manner, and, unless it would result in an undue burden, provide paratransit where they operate fixed-route bus or rail systems. Paratransit is a service where individuals who are unable to use the regular transit system independently (because of a physical or mental impairment) are picked up and dropped off at their destinations. Questions and complaints about public transportation should be directed to:Office of Civil RightsFederal Transit AdministrationU.S. Department of Transportation1200 New Jersey Avenue, SEWashington, D.C. 20590(888) 446-4511 (voice/relay)ADA Title III: Public AccommodationsTitle 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. The Americans with Disabilities Act authorizes the Department of Justice (the Department) to provide technical assistance to individuals and entities that have rights or responsibilities under the Act. This document provides informal guidance to assist you in understanding the ADA and the Department's regulations.This guidance document is not intended to be a final agency action, has no legally binding effect, and may be rescinded or modified in the Department's complete discretion, in accordance with applicable laws. The Department's guidance documents, including this guidance, do not establish legally enforceable responsibilities beyond what is required by the terms of the applicable statutes, regulations, or binding judicial precedent.Last updated February 24, 2020.
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