
               THE AMERICANS WITH DISABILITIES ACT



     The Americans with Disabilities Act (ADA) gives civil rights
protections to individuals with disabilities that are like those 
provided to individuals on the basis of race, sex, national
origin, and religion.  It guarantees equal opportunity for
individuals with disabilities in employment, public
accommodations, transportation, State and local government
services, and telecommunications.

I.  EMPLOYMENT

    Employers with 15 or more employees may not discriminate
    against qualified individuals with disabilities.  For the
    first two years after July 26, 1992, the date when the
    employment provisions of the ADA go into effect, only
    employers with 25 or more employees are covered.

    Employers must reasonably accommodate the disabilities of
    qualified applicants or employees, unless an undue hardship
    would result.

    Employers may reject applicants or fire employees who pose a
    direct threat to the health or safety of other individuals in
    the workplace.

    Applicants and employees are not protected from personnel
    actions based on their current illegal use of drugs.  Drug
    testing is not affected.  

    Employers may not discriminate against a qualified applicant
    or employee because of the known disability of an individual
    with whom the applicant or employee is known to have a
    relationship or association.

    Religious organizations may give preference in employment to
    their own members and may require applicants and employees to
    conform to their religious tenets.

    Complaints may be filed with the Equal Employment Opportunity
    Commission.  Available remedies include back pay and court
    orders to stop discrimination.

II. PUBLIC ACCOMMODATIONS

    Public accommodations such as restaurants, hotels, theaters,
    doctors' offices, pharmacies, retail stores, museums,
    libraries, parks, private schools, and day care centers, may
    not discriminate on the basis of disability, effective
    January 26, 1992.  Private clubs and religious organizations
    are exempt. 

    Reasonable changes in policies, practices, and procedures
    must be made to avoid discrimination.

    Auxiliary aids and services must be provided to individuals
    with vision or hearing impairments or other individuals with
    disabilities so that they can have a equal opportunity to
    participate or benefit, unless an undue burden would result. 

    Physical barriers in existing facilities must be removed if
    removal is readily achievable (i.e., easily accomplishable
    and able to be carried out without much difficulty or
    expense).  If not, alternative methods of providing the
    services must be offered, if those methods are readily
    achievable. 

    All new construction in public accommodations, as well as in
    "commercial facilities" such as office buildings, must be
    accessible.  Elevators are generally not required in
    buildings under three stories or with fewer than 3,000 square
    feet per floor, unless the building is a shopping center,
    mall, or a professional office of a health care provider. 

    Alterations must be accessible.  When alterations to primary
    function areas are made, an accessible path of travel to the
    altered area (and the bathrooms, telephones, and drinking
    fountains serving that area) must be provided to the extent
    that the added accessibility costs are not disproportionate
    to the overall cost of the alterations.  Elevators are
    required as described above. 

    Entities such as hotels that also offer transportation
    generally must provide equivalent transportation service to
    individuals with disabilities.  New fixed-route vehicles
    ordered on or after August 26, 1990, and capable of carrying
    more than 16 passengers, must be accessible.

    Public accommodations may not discriminate against an
    individual or entity because of the known disability of an
    individual with whom the individual or entity is known to
    have a relationship or association. 

    Individuals may bring private lawsuits to obtain court orders
    to stop discrimination, but money damages cannot be awarded. 

    Individuals can also file complaints with the Attorney
    General who may file lawsuits to stop discrimination and
    obtain money damages and penalties. 

III.   TRANSPORTATION 

    Public bus systems

    New buses ordered on or after August 26, 1990, must be
    accessible to individuals with disabilities. 

    Transit authorities must provide comparable paratransit or
    other special transportation services to individuals with
    disabilities who cannot use fixed route bus services, unless
    an undue burden would result. 
  
    New bus stations must be accessible.  Alterations to existing
    stations must be accessible.  When alterations to primary
    function areas are made, an accessible path of travel to the
    altered area (and the bathrooms, telephones, and drinking
    fountains serving that area) must be provided to the extent
    that the added accessibility costs are not disproportionate
    to the overall cost of the alterations. 

    Individuals may file complaints with the Department of
    Transportation or bring private lawsuits. 

    Public rail systems

    New rail vehicles ordered on or after August 26, 1990, must
    be accessible. 

    Existing rail systems must have one accessible car per train
    by July 26, 1995.

    New rail stations must be accessible.  As with new bus
    stations, alterations to existing rail stations must be made
    in an accessible manner. 

    Existing "key stations" in rapid rail, commuter rail, and
    light rail systems must be made accessible by July 26, 1993,
    unless an extension of up to 20 years is granted (30 years,
    in some cases, for rapid and light rail).

    Existing intercity rail stations (Amtrak) must be made
    accessible by July 26, 2010.

    Individuals may file complaints with the Department of
    Transportation or bring private lawsuits. 

    Privately operated bus and van companies 

    New over-the-road buses ordered on or after July 26, 1996
    (July 26, 1997, for small companies), must be accessible. 
    After completion of a study, the President may extend the
    deadline by one year, if appropriate. 

    Other new vehicles, such as vans, must be accessible, unless
    the transportation company provides service to individuals
    with disabilities that is equivalent to that operated for the
    general public. 

    Other private transportation operations, including station
    facilities, must meet the requirements of public
    accommodations. 

    Individuals may file complaints with the Attorney General or
    bring private lawsuits under the public accommodations
    procedures. 

IV. State and local governments operations

    State or local governments may not discriminate against
    qualified individuals with disabilities.  All government
    facilities, services, and communications must be accessible
    consistent with the requirements of section 504 of the
    Rehabilitation Act of 1973.

    Individuals may file complaints with Federal agencies to be
    designated by the Attorney General or bring private lawsuits.
    

V.  Telecommunications Relay Services

    Companies offering telephone service to the general public
    must offer telephone relay services to individuals who use
    telecommunications devices for the Deaf (TDD's) or similar
    devices.  

    Individuals may file complaints with the Federal
    Communications Commission.

    This document is available in the following accessible
    formats:

           --  Braille
           --  Large Print
           --  Audiotape
           --  Electronic file on computer disk and 
               electronic bulletin board
               (202) 514-6193

    For additional information contact:

               Coordination and Review Section 
               Civil Rights Division 
               U.S. Department of Justice
               P.O. Box 66118
               Washington, D.C.   20035-6118

               (202) 514-0301 (Voice)
               (202) 514-0381 (TDD)
               (202) 514-0383 (TDD)  