Consumers Guide to Disability Rights Laws
U.S. Department of Justice
Civil Rights Division
Disability Rights Section
A Guide to Disability Rights Laws
October 1, 1996
TABLE OF CONTENTS
Americans with Disabilities Act
Fair Housing Act
Air Carrier Access Act
Civil Rights of Institutionalized Persons Act
Individuals with Disabilities Education Act
Rehabilitation Act
Architectural Barriers Act
Other Sources of Disability Rights Information
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. 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: Employment
Title 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. S. Equal Employment
Opportunity Commission (EEOC) within 180 days of the date of
discrimination, or 300 days if the charge is filed with 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. Government."
For the appropriate EEOC field office in your geographic area, call:
(800) 669-4000 (voice) (800) 669-6820 (TDD)
Information on EEOC-enforced laws may be obtained by calling:
(800) 669-EEOC (voice) (800) 800-3302 (TDD)
For information on how to accommodate a specific individual with a
disability, call the Job Accommodation Network at:
(800) 526-7234 (voice/TDD) (800) ADA-WORK (voice/TDD)
ADA Title II: State and Local Government Activities
Title 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 or to file a complaint, contact:
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66738
Washington, D.C. 20035-6738
You may also call for information at:
(800) 514-0301 (voice) (800) 514-0383 (TDD)
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 Transportation
The 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:
Federal Transit Administration
U.S. Department of Transportation
400 Seventh Street, S.W.
Washington, D.C. 20590
Documents and Questions:
(202) 366-1656 (voice) (202) 366-4567 (TDD)
Legal Questions:
(202) 366-1936 (voice/relay) (202) 366-9306 (voice)
(202) 755-7687 (TDD)
Complaints and Enforcement:
(202) 366-2285 (voice) (202) 366-0153 (TDD)
ADA Title III: Public Accommodations
Title 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. Additionally, public accommodations must
remove barriers in existing buildings where it is easy to do so without
much difficulty or expense, given the public accommodation's resources.
Courses and examinations related to professional, educational, or
trade-related applications, licensing, certifications, or credentialing
must be provided in a place and manner accessible to people with
disabilities, or alternative accessible arrangements must be offered.
Commercial facilities, such as factories and warehouses, must comply
with the ADA's architectural standards for new construction and
alterations.
Complaints of title III violations may be filed with the Department of
Justice. In certain situations, cases may be referred to a mediation
program sponsored by the Department. The Department is authorized to
bring a lawsuit where there is a pattern or practice of discrimination
in violation of title III, or where an act of discrimination raises an
issue of general public importance. Title III may also be enforced
through private lawsuits. It is not necessary to file a complaint with
the Department of Justice (or any Federal agency), or to receive a
"right-to-sue" letter, before going to court.
For more information or to file a complaint, contact:
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66738
Washington, D.C. 20035-6738
You may also call for information at:
(800) 514-0301 (voice) (800) 514-0383 (TDD)
ADA Title IV: Telecommunications
Title IV addresses telephone and television access for people with
hearing and speech disabilities. It requires common carriers (telephone
companies) to establish interstate and intrastate telecommunications
relay services (TRS) 24 hours a day, 7 days a week. TRS enables callers
with hearing and speech disabilities who use text telephones (TTY's or
TDD's), and callers who use voice telephones, to communicate with each
other through a third party communications assistant. The Federal
Communications Commission (FCC) has set minimum standards for TRS
services. Title IV also requires closed captioning of Federally funded
public service announcements.
For more information about TRS, contact the FCC at:
Federal Communications Commission
1919 M Street, N.W.
Washington, D.C. 20554
Documents and questions:
(202) 418-0190 (voice) (202) 418-2555 (TDD)
Legal Questions:
(202) 418-2357 (voice) (202) 418-0484 (TDD)
Fair Housing Act
The Fair Housing Act, as amended in 1988, prohibits housing
discrimination on the basis of race, color, religion, sex, disability,
familial status, and national origin. Its coverage includes private
housing, housing that receives Federal financial assistance, and State
and local government housing. It is unlawful to discriminate in any
aspect of selling or renting housing or to deny a dwelling to a buyer or
renter because of the disability of that individual, an individual
associated with the buyer or renter, or an individual who intends to
live in the residence. Other covered activities include, for example,
financing, zoning practices, new construction design, and advertising.
The Fair Housing Act requires owners of housing facilities to make
reasonable exceptions in their policies and operations to afford people
with disabilities equal housing opportunities. For example, a landlord
with a "no pets" policy may be required to grant an exception to this
rule and allow an individual who is blind to keep a guide dog in the
residence. The Fair Housing Act also requires landlords to allow tenants
with disabilities to make reasonable access-related modifications to
their private living space, as well as to common use spaces. (The
landlord is not required to pay for the changes.) The Act further
requires that new multifamily housing with four or more units be
designed and built to allow access for persons with disabilities. This
includes accessible common use areas, doors that are wide enough for
wheelchairs, kitchens and bathrooms that allow a person using a
wheelchair to maneuver, and other adaptable features within the units.
Complaints of Fair Housing Act violations may be filed with the U.S.
Department of Housing and Urban Development.
For more information or to file a complaint, contact:
Office of Program Compliance and Disability Rights
Office of Fair Housing and Equal Opportunity
U.S. Department of Housing and Urban Development
451 7th Street, SW (Room 5242)
Washington, D.C. 20140
You may also call the Fair Housing Information Clearinghouse at:
(800) 343-3442 (voice) (800) 483-2209 (TDD)
Additionally, the Department of Justice can file cases involving a
pattern or practice of discrimination. The Fair Housing Act may also be
enforced through private lawsuits.
Air Carrier Access Act
The Air Carrier Access Act prohibits discrimination in air
transportation by air carriers against qualified individuals with
physical or mental impairments. It applies only to air carriers that
provide regularly scheduled services for hire to the public.
Requirements address a wide range of issues including boarding
assistance and certain accessibility features in newly built aircraft
and new or altered airport facilities. People may enforce rights under
the Air Carrier Access Act by filing a complaint with the U.S.
Department of Transportation, or by bringing a lawsuit in Federal court.
For more information or to file a complaint contact:
Departmental Office of Civil Rights
Office of the Secretary
U.S. Department of Transportation
400 Seventh Street, S.W.
Washington, D.C. 20590
(202) 366-4648 (voice) (202) 366-8538 (TDD)
You may also contact:
Aviation Consumer Protection Division, C-75
U.S. Department of Transportation
400 Seventh Street, S.W.
Washington, D.C. 20590
(202) 366-2220 (voice) (202) 755-7687 (TDD)
Civil Rights of Institutionalized Persons Act
The Civil Rights of Institutionalized Persons Act (CRIPA) authorizes the
U.S. Attorney General to investigate conditions of confinement at State
and local government institutions such as prisons, jails, pretrial
detention centers, juvenile correctional facilities, publicly operated
nursing homes, and institutions for people with psychiatric or
developmental disabilities. Its purpose is to allow the Attorney General
to uncover and correct widespread deficiencies that seriously jeopardize
the health and safety of residents of institutions. The Attorney General
does not have authority under CRIPA to investigate isolated incidents or
to represent individual institutionalized persons.
The Attorney General may initiate civil law suits where there is
reasonable cause to believe that conditions are "egregious or flagrant,"
that they are subjecting residents to "grievous harm," and that they are
part of a "pattern or practice" of resistance to residents'full
enjoyment of constitutional or Federal rights, including title II of the
ADA and section 504 of the Rehabilitation Act. For more information or
to bring a matter to the Department of Justice's attention, contact:
Special Litigation Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66400
Washington, D.C. 20035-6400
(202) 514-6255 (voice/relay)
Individuals with Disabilities Education Act
The Individuals with Disabilities Education Act (IDEA) (formerly called
P.L. 94-142 or the Education for all Handicapped Children Act of 1975)
requires public schools to make available to all eligible children with
disabilities a free appropriate public education in the least
restrictive environment appropriate to their individual needs.
IDEA requires public school systems to develop appropriate
Individualized Education Programs (IEP's) for each child. The specific
special education and related services outlined in each IEP reflect the
individualized needs of each student.
IDEA also mandates that particular procedures be followed in the
development of the IEP. Each student's IEP must be developed by a team
of knowledgeable persons and must be at least reviewed annually. The
team includes the child's teacher; the parents, subject to certain
limited exceptions; the child, if determined appropriate; an agency
representative who is qualified to provide or supervise the provision of
special education; and other individuals at the parents' or agency's
discretion.
If parents disagree with the proposed IEP, they can request a due
process hearing and a review from the State educational agency if
applicable in that state. They also can appeal the State agency's
decision to State or Federal court. For more information, contact:
Office of Special Education Programs
U.S. Department of Education
330 C Street, S.W. (Room 3086)
Washington, D.C. 20202
(202) 205-5507 (voice) (202) 205-9754 (TDD)
Rehabilitation Act
The Rehabilitation Act prohibits discrimination on the basis of
disability in programs conducted by Federal agencies, in programs
receiving Federal financial assistance, in Federal employment, and in
the employment practices of Federal contractors. The standards for
determining employment discrimination under the Rehabilitation Act are
the same as those used in title I of the Americans with Disabilities
Act.
Section 501
Section 501 requires affirmative action and nondiscrimination in
employment by Federal agencies of the executive branch. To obtain more
information or to file a complaint, employees should contact their
agency's Equal Employment Opportunity Office.
Section 503
Section 503 requires affirmative action and prohibits employment
discrimination by Federal government contractors and subcontractors with
contracts of more than $10,000.
For more information on section 503, contact:
Office of Federal Contract Compliance Programs
U.S. Department of Labor
200 Constitution Ave, NW
Washington, D.C. 20210
(202) 219-9423 (voice/relay)
Section 504
Section 504 states that "no qualified individual with a disability in
the United States shall be excluded from, denied the benefits of, or be
subjected to discrimination under" any program or activity that either
receives Federal financial assistance or is conducted by any Executive
agency or the United States Postal Service.
Each Federal agency has its own set of section 504 regulations that
apply to its own programs. Agencies that provide Federal financial
assistance also have section 504 regulations covering entities that
receive Federal aid. Requirements common to these regulations include
reasonable accommodation for employees with disabilities; program
accessibility; effective communication with people who have hearing or
vision disabilities; and accessible new construction and alterations.
Each agency is responsible for enforcing its own regulations. Section
504 may also be enforced through private lawsuits. It is not necessary
to file a complaint with a Federal agency or to receive a "right-to-sue"
letter before going to court.
For information on how to file 504 complaints with the appropriate agency,
contact:
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66738
Washington, D.C. 20035-6738
(800) 514-0301 (voice) (800) 514-0383 (TDD)
Architectural Barriers Act
The Architectural Barriers Act (ABA) requires that buildings and
facilities that are designed, constructed, or altered with Federal
funds, or leased by a Federal agency, comply with Federal standards for
physical accessibility. ABA requirements are limited to architectural
standards in new and altered buildings and in newly leased facilities.
They do not address the activities conducted in those buildings and
facilities. Facilities of the U.S. Postal Service are covered by the
ABA. For more information or to file a complaint, contact: The U.S.
Architectural and Transportation Barriers Compliance Board 1331 F
Street, N.W. (Suite 1000) Washington, D.C. 20004-1111
(800) 872-2253 (voice) (800) 993-2822 (TDD)
Other Sources of Disability Rights Information
Regional Disability and Business Technical Assistance Centers:
(800) 949-4232 (voice/TDD)
U.S. Department of Justice Internet Home Page:/crt
U.S. Department of Justice, Americans with Disabilities Act Internet Home
Page:
adahom1.htm
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