May 2002

TABLE OF CONTENTS

Americans with Disabilities Act ……………………………………………. 1

Telecommunications Act ……………………………………………………… 8

Fair Housing Act ………………………………………………………………. 9

Air Carrier Access Act ………………………………………………………. 11

Voting Accessibility for the

Elderly and Handicapped Act ……………………………………………… 12

National Voter Registration Act …………………………………………… 13

Civil Rights of Institutionalized

Persons Act ……………………………………………………………………… 14

Individuals with Disabilities

Education Act …………………………………………………………………… 15

Rehabilitation Act ………………………………………………………………. 16

Architectural Barriers Act …………………………………………………… 19

Other Sources of Disability

Rights Information ……………………………………………………………… 19

Statute Citations ………………………………………………………………… 20

Reproduction of this document is encouraged.

For persons with disabilities, this document is available in

large print, Braille, audio tape, and computer disk.

1

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.

2

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, contact:

(800) 669-4000 (voice)

(800) 669-6820 (TTY)

www.eeoc.gov

Publications and information on EEOC-enforced laws may be

obtained by calling:

(800) 669-3362 (voice)

(800) 800-3302 (TTY)

For information on how to accommodate a specific individual

with a disability, contact the Job Accommodation Network at:

(800) 526-7234 (voice/TTY)

www.jan.wvu.edu

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

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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. Department of Justice

Civil Rights Division

950 Pennsylvania Avenue, NW

Disability Rights Section - NYAV

Washington, D.C. 20530

www.usdoj.gov/crt/ada/adahom1.htm or ada.gov

(800) 514-0301 (voice)

(800) 514-0383 (TTY)

4

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 “rightto-

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:

Office of Civil Rights

Federal Transit Administration

U.S. Department of Transportation

400 Seventh Street, S.W., Room 9102

Washington, D.C. 20590

www.fta.dot.gov/office/civ.htm

(888) 446-4511 (voice/relay)

5

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.

6

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, contact:

U.S. Department of Justice

Civil Rights Division

950 Pennsylvania Avenue, NW

Disability Rights Section - NYAV

Washington, D.C. 20530

www.usdoj.gov/crt/ada/adahom1.htm or ada.gov

(800) 514-0301 (voice)

(800) 514-0383 (TTY)

7

ADA Title IV: Telecommunications Relay Services

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 telecommunications devices for the deaf (TDDs), which are also

known as teletypewriters (TTYs), 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

445 12th Street, S.W.

Washington, D.C. 20554

www.fcc.gov/cgb/dro

(888) 225-5322 (Voice)

(888) 835-5322 (TTY)

Telecommunications Act

Section 255 and Section 251(a)(2) of the Communications Act

of 1934, as amended by the Telecommunications Act of 1996,

require manufacturers of telecommunications equipment and providers

of telecommunications services to ensure that such equipment and

services are accessible to and usable by persons with disabilities, if

readily achievable. These amendments ensure that people with

disabilities will have access to a broad range of products and

services such as telephones, cell phones, pagers, call-waiting, and

operator services, that were often inaccessible to many users with

disabilities. For more information, contact:

Federal Communications Commission

445 12th Street, S.W.

Washington, D.C. 20554

www.fcc.gov/cgb/dro

(888) 225-5322 (Voice)

(888) 835-5322 (TTY)

8

9

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.

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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, S.W., Room 5242

Washington, D.C. 20410

www.hud.gov/offices/fheo/index.cfm

(800) 669-9777 (voice)

(800) 927-9275 (TTY)

For questions about the Fair Housing Act, you may call the

Office of Fair Housing and Equal Opportunity at:

(202) 708-2333 (voice)

(202) 401-1247 (TTY)

For publications, you may call the Housing and Urban

Development Customer Service Center at:

(800) 767-7468 (voice)

(800) 877-8339 (TTY)

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.

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Air Carrier Access Act

The Air Carrier Access Act prohibits discrimination in air

transportation by domestic and foreign 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:

Aviation Consumer Protection Division

U.S. Department of Transportation

400 Seventh Street, S.W.

Room 4107, C-75

Washington, D.C. 20590

www.dot.gov/airconsumer

(202) 366-2220 (voice)

(202) 366-0511 (TTY)

Voting Accessibility for the Elderly and

Handicapped Act

The Voting Accessibility for the Elderly and Handicapped

Act of 1984 generally requires polling places across the United

States to be physically accessible to people with disabilities for

federal elections. Where no accessible location is available to serve

as a polling place, a political subdivision must provide an alternate

means of casting a ballot on the day of the election. This law also

requires states to make available registration and voting aids for

disabled and elderly voters, including information by

telecommunications devices for the deaf (TDDs) which are also

known as teletypewriters (TTYs). For more information, contact:

U.S. Department of Justice

Civil Rights Division

950 Pennsylvania Avenue, NW

Voting Section - 1800G

Washington, D.C. 20530

(800) 253-3931 (voice/TTY)

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13

National Voter Registration Act

The National Voter Registration Act of 1993, also known as

the "Motor Voter Act," makes it easier for all Americans to exercise

their fundamental right to vote. One of the basic purposes of the

Act is to increase the historically low registration rates of minorities

and persons with disabilities that have resulted from discrimination.

The Motor Voter Act requires all offices of State-funded programs

that are primarily engaged in providing services to persons with

disabilities to provide all program applicants with voter registration

forms, to assist them in completing the forms, and to transmit

completed forms to the appropriate State official. For more

information, contact:

U.S. Department of Justice

Civil Rights Division

950 Pennsylvania Avenue, NW

Voting Section - 1800G

Washington, D.C. 20530

www.usdoj.gov/crt/voting

(800) 253-3931 (voice/TTY)

14

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:

U.S. Department of Justice

Civil Rights Division

950 Pennsylvania Avenue, NW

Special Litigation Section - PHB

Washington, D.C. 20530

www.usdoj.gov/crt/split

(202) 514-6255 (voice/TTY)

15

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

Office of Special Education & Rehabilitative Services

U.S. Department of Education

330 C Street, S.W., Room 3086

Washington, D.C. 20202

www.ed.gov/offices/OSERS/OSEP

(202) 205-5507 (voice/TTY)

16

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 Avenue, N.W., Room C-3325

Washington, D.C. 20210

www.dol.gov/dol/esa/public/ofcp_org.htm

(202) 693-0106 (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:

U.S. Department of Justice

Civil Rights Division

950 Pennsylvania Avenue, NW

Disability Rights Section - NYAV

Washington, D.C. 20530

www.usdoj.gov/crt/ada/adahom1.htm or ada.gov

(800) 514-0301 (voice)

(800) 514-0383 (TTY)

17

Section 508

Section 508 establishes requirements for electronic and

information technology developed, maintained, procured, or used by

the Federal government. Section 508 requires Federal electronic

and information technology to be accessible to people with

disabilities, including employees and members of the public.

An accessible information technology system is one that can be

operated in a variety of ways and does not rely on a single sense or

ability of the user. For example, a system that provides output only

in visual format may not be accessible to people with visual

impairments and a system that provides output only in audio format

may not be accessible to people who are deaf or hard of hearing.

Some individuals with disabilities may need accessibility-related

software or peripheral devices in order to use systems that comply

with Section 508. For more information on section 508, contact:

U.S. General Services Administration

Center for IT Accommodation (CITA)

1800 F Street, N.W.

Room 1234, MC:MKC

Washington, DC 20405-0001

www.itpolicy.gsa.gov/cita

(202) 501-4906 (voice)

(202) 501-2010 (TTY)

U.S. Architectural and Transportation

Barriers Compliance Board

1331 F Street, N.W. Suite 1000

Washington, DC 20004-1111

www.access-board.gov

800-872-2253 (voice)

800-993-2822 (TTY)

18

19

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:

U.S. Architectural and Transportation

Barriers Compliance Board

1331 F Street, N.W., Suite 1000

Washington, D.C. 20004-1111

www.access-board.gov

(800) 872-2253 (voice)

(800) 993-2822 (TTY)

General Sources of Disability Rights Information

ADA Information Line

(800) 514-0301 (voice)

(800) 514-0383 (TTY)

www.usdoj.gov/crt/ada/adahom1.htm or ada.gov

Regional Disability and Business

Technical Assistance Centers

(800) 949-4232 (voice/TTY)

www.adata.org

Statute Citations

Air Carrier Access Act of 1986

49 U.S.C. § 41705

Implementing Regulation:

14 CFR Part 382

Americans with Disabilities Act of 1990

42 U.S.C. §§ 12101 et seq.

Implementing Regulations:

29 CFR Parts 1630, 1602 (Title I, EEOC)

28 CFR Part 35 (Title II, Department of Justice)

49 CFR Parts 27, 37, 38 (Title II, III, Department

of Transportation)

28 CFR Part 36 (Title III, Department of Justice)

47 CFR §§ 64.601 et seq. (Title IV, FCC)

Architectural Barriers Act of 1968

42 U.S.C. §§ 4151 et seq.

Implementing Regulations:

41 CFR Subpart 101-19.6

Civil Rights of Institutionalized Persons Act

42 U.S.C. §§ 1997 et seq.

Fair Housing Amendments Act of 1988

42 U.S.C. §§ 3601 et seq.

Implementing Regulation:

24 CFR Parts 100 et seq.

Individuals with Disabilities Education Act

20 U.S.C. §§ 1400 et seq.

Implementing Regulation:

34 CFR Part 300

20

National Voter Registration Act of 1993

42 U.S.C. §§ 1973gg et seq.

Section 501 of the Rehabilitation Act of 1973, as amended

29 U.S.C. § 791

Implementing Regulation:

29 CFR § 1614.203

Section 503 of the Rehabilitation Act of 1973, as amended

29 U.S.C. § 793

Implementing Regulation:

41 CFR Part 60-741

Section 504 of the Rehabilitation Act of 1973, as amended

29 U.S.C. § 794

Over 20 Implementing Regulations for federally assisted

programs, including:

34 CFR Part 104 (Department of Education)

45 CFR Part 84 (Department of Health and

Human Services)

28 CFR §§ 42.501 et seq.

Over 95 Implementing Regulations for federally conducted

programs, including:

28 CFR Part 39 (Department of Justice)

Section 508 of the Rehabilitation Act of 1973, as amended

29 U.S.C. § 794d

Telecommunications Act of 1996

47 U.S.C. §§ 255, 251(a)(2)

Voting Accessibility for the Elderly and Handicapped Act

of 1984, 42 U.S.C. §§ 1973ee et seq.

*U.S. Government Printing Office: 1998 — 417-737/74258

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Source:U.S. Department of Justice, Civil Rights Division, Disability Rights Section

TAG: disability and society