Path: utzoo!utgpu!news-server.csri.toronto.edu!cs.utexas.edu!yale!bunker!wtm From: wtm@bunker.uucp (Bill McGarry) Newsgroups: misc.handicap Subject: Fact Sheet on ADA (1 of 2) Message-ID: <14975@bunker.UUCP> Date: 13 Oct 90 03:55:26 GMT Expires: 31 Oct 90 23:59:59 GMT Sender: news@bunker.UUCP Reply-To: wtm@bunker.uucp (Bill McGarry) Distribution: misc Lines: 283 Approved: wtm@bunker.UUCP Fidonet: Split Index Number: 11112 This is the first of two fact sheets on ADA that are distributed by the Department of Justice (filename was adafact.ask). Americans with Disabilities Act Requirements Fact Sheet Employment Employers may not discriminate against an individual with a disability in hiring or promotion if the person is otherwise qualified for the job. Employers can ask about one's ability to perform a job, but cannot inquire if someone has a disability or subject a person to tests that tend to screen out people with disabilities. Employers will need to provide "reasonable accommodation" to individuals with disabilities. This includes steps such as job restructuring and modification of equipment. Employers do not need to provide accommodations that impose an "undue hardship" on business operations. Who needs to comply: All employers with 25 or more employees must comply, effective July 26, 1992. All employers with 15-24 employees must comply, effective July 26, 1994. Transportation New public transit buses ordered 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. Existing rail systems must have one accessible car per train by July 26, 1995. New rail cars ordered after August 26, 1990, must be accessible. New bus and train stations must be accessible. Key stations in rapid light, and commuter rail systems must be made accessible by July 26, 1993, with extensions up to 20 years for commuter rail (30 years of rapid and light rail). All existing Amtrak stations must be accessible by July 26, 2010. Public Accommodations Private entities such as restaurants, hotels, and retail stores may not discriminate against individuals with disabilities, effective January 26, 1992. Auxiliary aids and services must be provided to individuals with vision or hearing impairments or other individuals with disabilities, unless an undue burden would result. Physical barriers in existing facilities must be removed, if removal is readily achievable. If not alternative methods of providing the services must be offered, if they are readily achievable. All new construction and alterations of facilities must be accessible. State and Local Government State and 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. Telecommunications 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. 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 more information about the ADA contact: U.S. Department of Justice Civil Rights Division Coordination and Review Section P.O. Box 66118 Washington, D.C. 20035-6118 (202) 514-0301 (Voice) (202) 514-0381 (TDD) (202) 514-0383 (TDD) Americans with Disabilities Act Requirements in Public Accommodations Fact Sheet General Public accommodations such as restaurants, hotels, theaters, doctor's offices, pharmacies, retail stores, museums, libraries, parks, private schools, and day care centers, may not discriminate on the basis of disability. Private clubs and religious organizations are exempt. Reasonable changes in policies, practices, and procedures must be made to avoid discrimination. Auxiliary Aids Auxiliary aids and services must be provided to individuals with vision or hearing impairments or other individuals with disabilities, unless an undue burden would result. Physical Barriers Physical barriers in existing facilities must be removed, if removal is readily achievable. If not, alternative methods of providing the services must be offered, if they 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 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 must generally provide equivalent transportation service to individuals with disabilities. New fixed-route vehicles capable of carrying more than 16 passengers must be accessible. Remedies 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. 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 more information about the ADA contact: U.S. Department of Justice Civil Rights Division Coordination and Review Section P.O. Box 66118 Washington, D.C. 20035-6118 (202) 514-0301 (Voice) (202) 514-0381 (TDD) (202) 514-0383 (TDD) Americans with Disabilities Act Statutory Deadlines I. Employment The ADA requirements become effective on: - July 26, 1992, for employers with 25 or more employees. - July 26, 1994, for employers, with 15-24 employees. II. Public Accommodations The ADA requirements become effective on: - January 26, 1992, generally - August 26, 1990, for purchase or lease of new vehicles that are required to be accessible. - January 26, 1993, for new construction. Generally, lawsuits may not be filed until January 26, 1992, In addition, except with respect to alterations, no lawsuit may be filed until: - July 26, 1992, against businesses with 25 or few employees and gross receipts of $1 million or less. - January 26, 1993, against businesses with 10 or fewer employees and gross receipts of $500,000 or less. III. Transportation A. Public bus systems The ADA requirements become effective on: - January 26, 1992, generally. - August 26, 1990, for purchase or lease of new buses. B. Public rail systems -- light, rapid, commuter, and intercity (Amtrak) rail - January 26, 1992, generally. - August 26, 1990, for purchase or lease of new rail vehicles. - By July 26, 1995, one car per train accessibility must be achieved. - By July 26, 1993, existing key stations in rapid, light, commuter rail systems must be made accessible with extensions of up to 20 years (30 years, in some cases, for rapid and light rail). C. Privately operated bus and van companies The ADA requirements become effective on: - January 26, 1992, generally. - July 26, 1996 (July 26, 1997, for small providers) for purchase of new over-the-road buses. - August 26, 1990, for purchase or lease of certain new vehicles (other than over-the-road buses). IV. State and local government operations The ADA requirements become effective on: - January 26, 1992. V. Telecommunications The ADA requirements become effective on: - July 26, 1993, for provision of relay services. 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 more information about the ADA contact: U.S. Department of Justice Civil Rights Division Coordination and Review Section P.O. Box 66118 Washington, D.C. 20035-6118 (202) 514-0301 (Voice) (202) 514-0381 (TDD) (202) 514-0383 (TDD)