Go to http://www.ada.gov/pools_2010.htm for more information, or contact the ADA National Network at 1-800-949-4232.

Go to http://www.ada.gov/pools_2010.htm for more information, or contact the ADA National Network at 1-800-949-4232.

Businesses doing alterations to improve accessibility are eligible for two federal tax incentives.  The Disabled Access Credit (Internal Revenue Code, Section 44) is available to help small businesses cover ADA-related eligible access expenditures. A small business is one that had either revenues of $1,000,000 or less or 30 or fewer full-time workers in the previous tax year. The credit can be taken to: (1) remove barriers that prevent a business from being accessible to or usable by individuals with disabilities; (2) provide qualified interpreters or other methods of making audio materials available to hearing-impaired individuals; (3) provide qualified readers, taped texts, and other methods of making visual materials available to individuals with visual impairments; and (4) acquire or modify equipment or devices for individuals with disabilities. The credit cannot be taken for the costs of new construction or planned alterations/renovations. The amount of the tax credit is equal to 50% of the eligible access expenditures in a year, up to a maximum expenditure of $10,250. There is no credit for the first $250 of expenditures. The maximum tax credit is $5,000.

A business of any size can take a tax deduction under Internal Revenue Code - Section 190 for the costs of removing architectural or transportation barriers. Businesses can also take a business expense deduction of up to $15,000 per year for costs of removing barriers in facilities or vehicles. These two incentives can be used together by eligible businesses if the expenditures qualify.

Technical guidance is available through the ADA National Network at 1-800-949-4232.

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:

• Students with Disabilities Preparing for Postsecondary Education: Know Your Rights and Responsibilities: http://www2.ed.gov/about/offices/list/ocr/transition.html
• Auxiliary Aids and Services for Postsecondary Students with Disabilities: http://www2.ed.gov/about/offices/list/ocr/docs/auxaids.html

“Readily achievable” means "easily accomplished without much difficulty or expense." The obligation for barrier removal is ongoing, which means a business must continue to evaluate existing barriers to determine if the barrier removal is readily achievable. In order to identify barriers in a facility, a business or non-profit should conduct an accessibility evaluation.

Determining what is “readily achievable” is made by each business on a case-by-case-basis based on the size and resources of the business. First, facilities should be assessed to determine what architectural barriers exist. Second, the costs of barrier removal should be documented and barrier removal priorities and timelines established. Third, this information can be used to create a "barrier removal plan."  For more information on barrier removal for small businesses, go to: http://www.ada.gov/regs2010/smallbusiness/smallbusprimer2010.htm.

Further technical assistance is available through the ADA National Network at 1-800-949-4232.

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.

The Regional ADA Centers do not provide direct attorney referrals.  The National Disability Rights Network (NDRN) is the nonprofit membership organization for the federally mandated Protection and Advocacy (P&A) Systems and Client Assistance Programs (CAP).  There is a P&A/CAP agency in every state and U.S. territory as well as one serving the Native American population in the four corners region.  Collectively, the P&A/CAP network is the largest provider of legally based advocacy services to people with disabilities in the United States.  To find your local Protection and Advocacy agency and Client Assistance Program in each state, go to - http://www.napas.org/en/ndrn-member-agencies.html . 

Your state or local bar association may also provide a good starting point in the search for legal advice or representation.  To find your local bar association, go to  http://www.americanbar.org/groups/bar_services/resources/state_local_bar_associations.html, or call 1-800-285-2221

If you feel that you or another person has been discriminated against by an entity covered by either Title II or III of the ADA, you may file a complaint with the U.S. Department of Justice, Disability Rights Section. Title II covers state and local government entities and Title III public accommodations and commercial facilities.  Public accommodations are businesses that provide goods or services for the public. 

Complaints concerning discrimination in employment, often referred to as Title I complaints, should be addressed by the U.S. Equal Employment Opportunity Commission (EEOC) and/or the agency responsible for enforcing state laws against employment discrimination.  The EEOC process for filing a charge of employment discrimination may be found at: http://www.eeoc.gov/employees/howtofile.cfm.

Title II and III complaints may be sent by e-mail. Since letters and packages sent to the Disability Rights Section by U.S. Mail or other delivery service are delayed for security screening, using e-mail is the quickest way of filing a complaint. E-mail complaints also receive an immediate reply confirming that they have been received. Remember that there can be no guarantee of privacy when you send an e-mail.

The most important part of filing a Title II and III complaint is ensuring that you provide the Department of Justice with the following information:

• Your full name, address, email, the telephone numbers where we can reach you during the day and evening, and the name of the party discriminated against (if known);
• The name and address of the business, organization, institution, or person that you believe has discriminated;
• A brief description of the acts of discrimination, the dates they occurred, and the names of individuals involved;
• Other information that you believe necessary to support your complaint, including copies of relevant documents (not originals); and
• Provide the Department of Justice with the information needed to ensure that they communicate with you effectively. Please let the Department know if you need to receive written communications in a specific format, such as large print, Braille, e-mail, or audio recording, or if you need to receive oral communications by video phone or TTY.

To ensure that all necessary information is provided, you may use this ADA Title II complaint form (http://www.ada.gov/t2cmpfrm.htm), which can be used for any Title II or III ADA complaint.  Additional advice and instructions for filing a Title III complaint can be found at: http://www.ada.gov/t3compfm.htm.

Include all of the information listed above, either in the body of the email or in an attachment to your e-mail. Please attach any relevant documents to your e-mail.

Send your complaint to the following e-mail address: ada.complaint@usdoj.gov.

You will receive an automatic reply e-mail confirming that your complaint has been received. Please keep a copy of your complaint and the reply e-mail for your records. If you do not receive a reply email, you may have sent your complaint to the wrong e-mail address.

The Department of Justice, Disability Rights Section accepts complaints sent by regular mail but receiving the complaints may be delayed by 4 - 6 weeks because of necessary security screening precautions. To file a complaint using U.S. Postal Service or by any other parcel delivery service, send your completed complaint form (http://www.ada.gov/t2cmpfrm.htm) or a signed letter containing the information and documents described above to the following address:

U.S. Department of Justice
Civil Rights Division
Disability Rights Section - NYAV
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530

Keep a copy of your complaint. Send copies (not originals) of relevant documents. The security screening process can damage documents sent to the Department of Justice, so please keep original documents for your own records.

Source: Frequently Asked Questions about Filing an ADA Complaint with the U.S. Department of Justice - http://www.ada.gov/fact_on_complaint.htm

Instead of providing a list of impairments that would “consistently,” “sometimes,” or “usually not” be disabilities, the regulations implementing the ADA Amendments Act of 2008 provide the ‘nine rules of construction’ to help determine what impairments constitute a disability. By applying those rules, the regulations state there will be some impairments that virtually always constitute a disability. The regulations also provide a list of examples of impairments that should easily be concluded to be disabilities.  Included in this list of examples are deafness, intellectual disability, autism, epilepsy, diabetes, cancer, HIV infection, multiple sclerosis, muscular dystrophy, cerebral palsy, mobility impairments requiring the use of a wheelchair, post-traumatic stress disorder, major depressive disorder, schizophrenia and bipolar disorder.

Sources: EEOC Final Rule Implementing the ADA Amendments Act of 2008 and Fact Sheet on the EEOC’s Final Regulations Implementing the ADAAA.   Links to these documents can be found at: http://www.eeoc.gov/laws/regulations/index.cfm.

The ADA does not have a provision to "grandfather" a facility but it does have a provision called “safe harbor” in the revised ADA regulations for businesses and state and local governments. A "safe harbor" means that you do not have to make modifications to elements in an existing building that comply with the 1991 Standards, even if the new 2010 Standards have different requirements for them. This provision is applied on an element-by-element basis.  However, if you choose to alter elements that were in compliance with the 1991 Standards, the safe harbor no longer applies so the altered elements must comply with the 2010 ADA Standards.

A “safe harbor” does not apply to elements that were NOT addressed in the original 1991 Standards but ARE addressed in the 2010 ADA Standards. These elements include recreation facilities such as swimming pools, play areas, exercise machines, miniature golf facilities, and bowling alleys. On or after March 15, 2012, public accommodations must remove architectural barriers to these elements listed above are subject to the new requirements in the 2010 Standards when it is readily achievable to do so.