public accommodations

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  • Both public and private colleges and universities must provide equal access to postsecondary education for students with disabilities. Title II of the ADA covers publicly-funded universities, community colleges and vocational schools. Title III of the ADA covers privately-funded schools.  All public or private schools that receive federal funding are required under Section 504 of the Rehabilitation Act to make their programs accessible to students with disabilities.

    All the programs of postsecondary institutions, including extracurricular activities, must be accessible to students with disabilities. The schools can do this in several ways: by providing architectural access to buildings, including residential facilities; by providing aids and services necessary for effective communication, like sign language interpreters, Braille or electronic formats and assistive listening devices; and by modifying policies, practices and procedures, such as testing accommodations and access to school facilities for service animals.  Accommodations and program modifications should be individually designed to meet the needs of the student with a disability.

    Accommodations and modifications of policies and practices are not required when it would fundamentally alter the nature of the service, program, or activity or give rise to an undue financial or administrative burden.

    Postsecondary institutions often have an office that coordinates accommodations for students with disabilities.  The student should notify the appropriate institutional office well in advance of the needed modification or accommodation.  Technical guidance is available through the ADA National Network at 1-800-949-4232. For more information please visit:

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  • There are two types of accessible guest rooms, one type having “mobility features” and the other “communication features.”   The minimum number of accessible guest rooms in newly constructed facilities is provided in Tables 224.2 (mobility features) and 224.4 (communication features) of the 2010 ADA Standards for Accessible Design - http://www.ada.gov/2010ADAstandards_index.htm.  Note that for rooms with mobility features, roll-in showers will be required where the total number of guest rooms provided exceeds 50. 

    In alterations and additions, the minimum required number of accessible guest rooms required is based on the total number of guest rooms being altered or added instead of the total number of guest rooms provided in a facility. Note, that where guest rooms are altered, or added, the technical requirements stated in the 2010 ADA Standards apply only to those guest rooms being altered or added until the total number of accessible guest rooms in the entire hotel complies with the minimum number required for new construction as stated in the tables referred to above.

    Accessible guest rooms must be dispersed among the various classes of guest rooms, and provide choices of types of guest rooms, number of beds, and other amenities comparable to the choices provided to other guests. Typically, each alteration of a facility is limited to a particular portion of the facility. As accessible guest rooms are added as a result of subsequent alterations, the required degree of dispersion is more likely to be achieved if all of the accessible guest rooms are not provided in the same portion of the facility. 

    Source: Section 224.1.1, and accompanying Advisory, of the 2010 ADA Standards for Accessible Design - http://www.ada.gov/2010ADAstandards_index.htm.

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  • In general, the revised regulations published by the U.S. Department of Justice on September 15, 2010 covering places of public accommodation and commercial facilities, became effective on March 15, 2011.  The section of the revised regulations covering hotel reservation systems became effective on March 15, 2012.

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  • Generally no, not if employees are able to communicate by using pen and notepad and it is effective.  However, in situations where the exchange of information is over a long duration or the information being exchanged is complex it may be necessary for the business to provide a qualified interpreter. A business should discuss with the person with the disability to determine which auxiliary aid or service will result in effective communication.

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  • Yes. The ADA does not require the provision of any auxiliary aid that would result in an undue burden or in a fundamental alteration in the nature of the goods or services provided by a public accommodation. However, the public accommodation is not relieved from the duty to furnish an alternative auxiliary aid, if available, that would not result in a fundamental alteration or undue burden. Both of these limitations are derived from existing regulations and case law under section 504 of the Rehabilitation Act and are to be determined on a case-by-case basis.

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  • Appropriate auxiliary aids and services may include services and devices such as qualified interpreters on-site or through video remote interpreting (VRI) services; notetakers; real-time computer-aided transcription services; written materials; exchange of written notes; telephone handset amplifiers; assistive listening devices; assistive listening systems; telephones compatible with hearing aids; closed caption decoders; open and closed captioning, including real-time captioning; voice, text, and video-based telecommunications products and systems, including text telephones (TTYs), videophones, and captioned telephones, or equally effective telecommunications devices; videotext displays; accessible electronic and information technology; or other effective methods of making aurally delivered information available to individuals who are deaf or hard of hearing; Appropriate auxiliary aids and services for individuals who are blind or have low vision may include services and devices such as qualified readers; taped texts; audio recordings; Brailed materials and displays; screen reader software; magnification software; optical readers; secondary auditory programs (SAP); large print materials; accessible electronic and information technology; or other effective methods of making visually delivered materials available to individuals who are blind or have low vision.

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  • Yes. The ADA does not require modifications that would fundamentally alter the nature of the services provided by the public accommodation. For example, it would not be discriminatory for a physician specialist who treats only burn patients to refer a deaf individual to another physician for treatment of a broken limb or respiratory ailment. To require a physician to accept patients outside of his or her specialty would fundamentally alter the nature of the medical practice.

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  • The ADA expressly provides that a public accommodation may exclude an individual, if that individual poses a direct threat to the health or safety of others that cannot be mitigated by appropriate modifications in the public accommodation's policies or procedures, or by the provision of auxiliary aids. A public accommodation will be permitted to establish objective safety criteria for the operation of its business; however, any safety standard must be based on objective requirements rather than stereotypes or generalizations about the ability of persons with disabilities to participate in an activity.

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  • Yes. If a criterion screens out or tends to screen out individuals with disabilities, it may only be used if necessary for the provision of the services. For instance, it would be a violation for a retail store to have a rule excluding all deaf persons from entering the premises, or for a movie theater to exclude all individuals with cerebral palsy. More subtle forms of discrimination are also prohibited. For example, requiring presentation of a driver's license as the sole acceptable means of identification for purposes of paying by check could constitute discrimination against individuals with vision impairments. This would be true if such individuals are ineligible to receive licenses and the use of an alternative means of identification is feasible.

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