ADA Frequently Asked Questions Knowledge Base

FAQ: What does "regarded as" having a disability mean?

Are all people who have disabilities covered by the ADA?

I’ll give you the “lawyer answer” – it depends. All people who meet the ADA definition of disability are covered by the ADA in general, but they still may not have rights under particular sections of the ADA. For example, there is a section of the ADA that deals only with employment discrimination. If a person with a disability is not employed and is not seeking employment, then that person would not necessarily be covered by that part of the ADA, although the person would be covered by other parts of the ADA.

For additional information, take a look at the following resources:

FAQ: What is the definition of disability under the ADA?

How many people in the United States have a disability?

According to the Survey of Income and Program Participation (SIPP) data, approximately 54 million Americans have a disability.

For additional information, take a look at the following resource:

The ADA is divided into five sections called “titles.” Each title covers a different area. Title I covers employment. Title II covers state and local government programs. Title III covers places of public accommodation. Title IV covers telecommunications. Title V has several miscellaneous provisions that cover things like retaliation and attorney fees.

For additional information, take a look at the following resources:

What is the American’s with Disabilities Act (ADA)?

I heard there is a new ADA?

Actually, what you might have heard called the “new ADA” is really called The ADA Amendments Act – or the ADAAA. After the ADA was originally passed in 1990, cases started being filed and ending up in courts. Some were appealed all the way to the U.S. Supreme Court. Rulings by the Supreme Court, as well as lower courts, began to narrow the definition of disability. Whether a person had a disability in order to sue became the focus of most disputes under the ADA. Congress never intended for it to be that way. The focus of the ADA was supposed to be on access and accommodation, not on whether the person really had a disability. Congress had not foreseen the ways in which the courts would narrowly interpret, and ultimately change, the definition.

So the ADAAA was passed in 2008 and essentially overturned those Supreme Court cases that narrowed the definition of disability. Congress made clear that the definition must be “construed in favor of broad coverage of individuals” with disabilities. So rather than this being a “new ADA,” it really is just going back to the way Congress meant the ADA to be when it was first written and passed in 1990.

For additional information, take a look at the following resources:

Fact Sheet: An Employee View of the Changes from the ADA Amendments Act

When did the ADA become a law?

The Americans with Disabilities Act (ADA) was signed into law on July 26, 1990. Some parts of the ADA didn’t go into effect until after that date to give entities time to comply with the law, but those compliance deadlines have passed.

Additional information on the history and background on the law is available on the U.S. Department of Justice’s Civil Rights Division website at: https://www.ada.gov/2010_regs.htm.

For additional information, take a look at the following resources:

FAQ: How do the 2010 changes to the ADA Standards for Accessible Design impact parking spaces that already exist?

Where can I find a complete set of ADA standards for accessible design?

The 2010 ADA Standards for Accessible Design can be found at: https://www.ada.gov/2010ADAstandards_index.htm.

The Department of Justice’s ADA web site, www.ada.gov, contains a number of useful documents on accessibility for businesses and state and local governments. For example, for businesses see “ADA Update: A Primer for Small Business” and the section on “Making the Built Environment More Accessible” at: https://www.ada.gov/regs2010/smallbusiness/smallbusprimer2010.htm.

The U.S. Access Board also produces a number of documents on a wide range of accessibility-related topics which can be found at: www.access-board.gov. For example, check “Guide to Updated ADA Standards” at: http://web.archive.org/web/20130721160340/http://access-board.gov//ada/guide.htm.

For additional information, take a look at the following resources:

FAQ: What does the ADA require in new construction?

Fact Sheet: Accessible Parking

What standards apply to newly constructed and altered facilities covered by the ADA?

Effective March 15, 2012, the applicable standards for new construction and alterations for either a public entity under Title II or a place of public accommodation under Title III are the 2010 ADA Standards for Accessible Design. In addition, transportation facilities are covered by the Department of Transportation’s 2006 ADA Standards for Transportation Facilities. You can find the combined standards here: https://www.access-board.gov/ada/

For additional information, take a look at the following resources:

FAQ: Where can I find a complete set of ADA standards for accessible design?

If I am altering or doing an addition to my building, can I still follow the older 1991 ADA Standards for Accessible Design or must I use the new 2010 ADA Standards?

No, as of March 15, 2012, the applicable standards for alterations and additions are the 2010 ADA Standards for Accessible Design. The 2010 ADA Standards can be found at: https://www.ada.gov/2010ADAstandards_index.htm.

It is important to remember that the 1991 Standards are still relevant after March 15, 2012. Elements not altered after March 15, 2012 that comply with the requirements for those elements in the 1991 Standards, do not need to be modified, even if the new standards have different requirements for these elements. This provision is called “Safe Harbor.” However, if your business chooses to alter elements that were in compliance with the 1991 Standards, the safe harbor no longer applies to the altered elements which must now comply with the 2010 ADA Standards.

For additional information, take a look at the following resources:

FAQ: What if a service animal barks or growls at other people, or otherwise acts out of control?

FAQ: Am I responsible for the animal while the person with a disability is in my business?

FAQ: Is my building "grandfathered in" under the older 1991 ADA Standards for Accessible Design or do I need to comply with the 2010 ADA Standards?

What are the compliance dates mandated by the new 2010 ADA Standards?

On or after March 15th, 2012 all newly constructed or altered facilities must comply with the requirements in the 2010 ADA Standards. If elements in existing facilities already comply with the 1991 ADA Standards and are not being altered, entities are not required to make changes to those elements to bring them into compliance with the 2010 ADA Standards.

For Title II entities, if the start date for construction is on or after March 15, 2012, all newly constructed or altered State and local government facilities must comply with the 2010 ADA Standards.

For businesses that are covered under Title III, the compliance date for the 2010 ADA Standards for new construction and alterations is determined by:

the date the last application for a building permit or permit extension is certified to be complete by a State, county, or local government;
the date the last application for a building permit or permit extension is received by a State, county, or local government, where the government does not certify the completion of applications; or
the start date of physical construction or alteration, if no permit is required.

If that date is on or after March 15, 2012, then new construction and alterations must comply with the 2010 ADA Standards.

Source: http://www.ada.gov/revised_effective_dates-2010.htm.

For additional information, take a look at the following resources:

FAQ: What does the ADA require in new construction?

Fact Sheet: Opening Doors to Everyone

What should be applied to a situation when both the local or state code and the 2010 ADA Standards for Accessible Design need to be considered?

In a situation where the requirements of both a state or local building code and the 2010 ADA Standards need to be considered, the code or Standard that results in greater accessibility takes precedence. This interpretation is based on the concept of “equivalent facilitation” from section 103 of the ADA Standards which states that alternative designs, products, or technologies may be used as long as they result in substantially equivalent or greater accessibility and usability. Thus, a state or local code can be used if it contains a requirement that provides a different but greater level of accessibility than the ADA Standards.

If the use of a state or local code instead of the 2010 ADA Standard is challenged, the covered entity is responsible for defending the use of this code. The ADA accessibility requirements do not supplant or replace state or local laws that impose higher accessibility standards. The governing principal to follow when state or local codes differ from the ADA is that the one that provides the most accessibility applies.

For additional information, take a look at the following resources:

FAQ: What does ADA require in new construction?

FAQ: How will a State or local government know that a new building is accessible?

FAQ: Where can I find a complete set of ADA standards for accessible design?

Is my building "grandfathered in" under the older 1991 ADA Standards for Accessible Design or do I need to comply with the 2010 ADA Standards?

The ADA does not have a provision to "grandfather" a facility but it does have a provision called “safe harbor” in the 2010 ADA regulations for businesses and state and local governments. A "safe harbor" means that you do not have to make modifications to elements in a building that comply with the 1991 ADA Standards, even if the 2010 ADA Standards have different requirements for them. For example the 1991 ADA Standards permitted controls, such as a light switch, to be 54 inches high maximum for a side reach. The 2010 ADA Standards lowered that to 48 inches maximum. If the light switch was installed before March 15, 2012 (the date the 2010 ADA Standards went into effect) it does not need to be lowered to 48 inches. This provision is applied on an element-by-element basis. However, if you choose to alter elements that were in compliance with the 1991 ADA Standards, the altered elements must comply with the 2010 ADA Standards.

Please note that “safe harbor” does not apply to elements that were NOT addressed in the original 1991 ADA 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, fishing piers, boating facilities, and bowling alleys. Public accommodations must remove architectural barriers to these elements when it is readily achievable to do so. State and local governments must ensure program accessibility at these recreational areas.

For additional information, take a look at the following resources:

FAQ: Must an employer modify existing facilities to make them accessible?

FAQ: If I am altering or doing an addition to my building, can I still follow the older 1991 ADA Standards for Accessible Design or must I use the new 2010 ADA Standards?

If I am doing a renovation on a hotel, how many guest rooms need to be accessible?

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 - https://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 - https://www.ada.gov/2010ADAstandards_index.htm.

For additional information, take a look at the following resources:

FAQ: How does the ADA affect existing State and local building codes?

Fact Sheet: Accessible Lodging

What is the effect of certification of a State or local code or ordinance?

Certification can be advantageous if an entity has constructed or altered a facility according to a certified code or ordinance. If someone later brings an enforcement proceeding against the entity, the certification is considered "rebuttable evidence" that the State law or local ordinance meets or exceeds the minimum requirements of the ADA. In other words, the entity can argue that the construction or alteration met the requirements of the ADA because it was done in compliance with the State or local code that had been certified.

For additional information, take a look at the following resources:

FAQ: Where can I find a complete set of ADA standards for accessible design?

FAQ: What should be applied to a situation when both the local or state code and the 2010 ADA Standards for Accessible Design need to be considered?

How will the public accommodations provisions be enforced?

Private individuals may bring lawsuits asking for court orders to stop discrimination. Individuals may also file complaints with the United States Attorney General, who is authorized to bring lawsuits in cases of general public importance or where a "pattern or practice" of discrimination is alleged. In these cases, the Attorney General may seek monetary damages and civil penalties. Civil penalties may not exceed $55,000 for a first violation or $110,000 for any subsequent violation.

For additional information, take a look at the following resources:

FAQ: How can I file an ADA complaint with the U.S. Department of Justice?

What kinds of auxiliary aids and services are required by the ADA to ensure effective communication with individuals with hearing or vision impairments?

Appropriate auxiliary aids and services for individuals with hearing loss may include:

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:

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.

For additional information, take a look at the following resources:

FAQ: What funding assistance is available for individuals with disabilities to purchase assistive devices, ramps, etc.?

Fact Sheet: Effective Communication

Does the ADA cover private apartments and private homes?

The ADA does not cover strictly residential private apartments and homes. If, however, a place of public accommodation, such as a doctor's office or day care center, is located in a private residence, the portions of the residence used for that purpose are subject to the ADA's requirements.

For additional information, take a look at the following resource:

Fact Sheet: Accessible Lodging

What is the definition of a wheelchair under the ADA?

A wheelchair is a manually operated or power-driven device designed primarily for use by an individual with a mobility disability for the main purpose of indoor, or of both indoor and outdoor, locomotion. Individuals with mobility disabilities must be permitted to use wheelchairs and manually powered mobility aids, i.e., walkers, crutches, canes, braces, or other similar devices designed for use by individuals with mobility disabilities, in any areas open to pedestrian traffic.

For additional information, take a look at the following resources:

Fact Sheet: The ADA & Accessible Ground Transportation

What are examples of the types of physical modifications or barrier removal that would be readily achievable in most cases?

Fact Sheet: Wheelchairs and Other Power-Driven Mobility Devices

Examples include the simple ramping of a few steps, the installation of grab bars where only routine reinforcement of the wall is required, the lowering of telephones, restriping parking lots, and similar modest adjustments.

For additional information, take a look at the following resources:

FAQ: What is the process to request a reasonable accommodation in employment?

FAQ: Where can I find a complete set of ADA standards for accessible design?

Fact Sheet: Reasonable Accommodations in the Workplace

What does the ADA require in new construction?

The ADA requires that all new construction of places of public accommodation, as well as of "commercial facilities" such as office buildings, be accessible. Elevators are generally not required in facilities under three stories or with fewer than 3,000 square feet per floor, unless the building is a shopping center or mall; the professional office of a health care provider; a terminal, depot, or other public transit station; or an airport passenger terminal. The 2010 ADA Standards for Accessible Design set minimum requirements – both scoping and technical -- for newly designed and constructed or altered public accommodations and commercial facilities to be readily accessible to and usable by individuals with disabilities.

See the 2010 ADA Standards for Accessible Design for more information regarding new construction: https://www.ada.gov/regs2010/2010ADAStandards/2010ADAstandards.htm

For additional information, take a look at the following resources:

FAQ: What standards must places of public accommodations and commercial facilities use for readily achievable barrier removal and in new construction and alterations?

Is it expensive to make all newly constructed places of public accommodation and commercial facilities accessible?

The cost of incorporating accessibility features in new construction is less than one percent of construction costs. This is a small price in relation to the economic benefits to be derived from full accessibility in the future, such as increased employment and consumer spending.

For additional information, take a look at the following resource:

FAQ: Where can I find a complete set of ADA standards for accessible design?

What are the ADA requirements for altering facilities?

All alterations that could affect the usability of a facility must be made in an accessible manner to the maximum extent feasible. For example, if during renovations a doorway is being relocated, the new doorway must be wide enough to meet the new construction standard for accessibility.

When alterations are made to a primary function area, such as the lobby of a bank or the dining area of a cafeteria, an accessible path of travel to the altered area must also be provided.

The bathrooms, telephones, and drinking fountains serving that area must also be made accessible. These additional accessibility alterations are only required to the extent that the added accessibility costs do not exceed 20% of the cost of the original alteration. Elevators are generally not required in facilities under three stories or with fewer than 3,000 square feet per floor, unless the building is a shopping center or mall; the professional office of a health care provider; a terminal, depot, or other public transit station; or an airport passenger terminal.

See the 2010 ADA Standards for Accessible Design for more information regarding alterations: https://www.ada.gov/regs2010/2010ADAStandards/2010ADAstandards.htm

For additional information, take a look at the following resources:

FAQ: Is my building "grandfathered in" under the older 1991 ADA Standards for Accessible Design or do I need to comply with the 2010 ADA Standards?

FAQ: If I am doing a renovation on a hotel, how many guest rooms need to be accessible?

Fact Sheet: Overview of the 2010 Standards for Accessible Design

What accessibility standards for buildings and facilities must be followed by commercial facilities and places of public accommodation?

Both places of public accommodations and commercial facilities are subject to the Title III requirements for new construction and alterations. This part of Title III is the only part that commercial facilities must follow.

However, places of public accommodation must follow all parts of the Title III requirements. This includes nondiscriminatory eligibility criteria; reasonable modifications in policies, practices, and procedures; provision of auxiliary aids; and removal of barriers in existing facilities.

See the ADA Standards for more information: https://www.access-board.gov/ada/

For additional information, take a look at the following resources:

FAQ: Where can I find a complete set of ADA standards for accessible design?

Does the ADA permit an individual with a disability to sue a business when that individual believes that discrimination is about to occur, or must the individual wait for the discrimination to occur?

The ADA public accommodations provisions permit an individual to allege discrimination based on a reasonable belief that discrimination is about to occur. This provision, for example, allows a person who uses a wheelchair to challenge the planned construction of a new place of public accommodation, such as a shopping mall, that would not be accessible to individuals who use wheelchairs. The resolution of such challenges prior to the construction of an inaccessible facility would enable any necessary remedial measures to be incorporated in the building at the planning stage, when such changes would be relatively inexpensive.

For additional information, take a look at the following resources:

FAQ: Who is protected from employment discrimination?

FAQ: What is the definition of disability under the ADA?

How does the ADA affect existing State and local building codes?

Existing codes remain in effect. The ADA allows the Attorney General to certify that a State law, local building code, or similar ordinance that establishes accessibility requirements meets or exceeds the minimum accessibility requirements for public accommodations and commercial facilities. Any State or local government may apply for certification of its code or ordinance. The Attorney General can certify a code or ordinance only after prior notice and a public hearing at which interested people, including individuals with disabilities, are provided an opportunity to testify against the certification.

For additional information, take a look at the following resources:

FAQ: How will a State or local government know that a new building is accessible?

FAQ: What does the ADA require in new construction?

Business (63)

What types of accessible means of entry are required for swimming pools under the 2010 ADA Standards?

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

For additional information, take a look at the following resources:

FAQ: Where can I find a complete set of ADA standards for accessible design?

FAQ: What are the new requirements for public and private swimming pools (pools owned/operated by businesses covered by Title III, such as hotels and motels, health clubs, recreation centers, public country clubs)?

When did the ADA become a law?

Additional information on the history and background on the law is available on the U.S. Department of Justice’s Civil Rights Division website at: https://www.ada.gov/2010_regs.htm.

For additional information, take a look at the following resources:

FAQ: What is the definition of disability under the ADA?

What kind of law is the ADA?

For additional information, take a look at the following resources:

FAQ: What does “regarded as” having a disability mean?

What is the definition of disability under the ADA?

It is important to remember that in the context of the ADA, “disability” is a legal term rather than a medical one. Because it has a legal definition, the ADA’s definition of disability is different from how disability is defined under some other laws, such as for Social Security Disability related benefits.

The ADA defines a person with a disability as a person who has a physical or mental impairment that substantially limits one or more major life activity. This includes people who have a record of such an impairment, even if they do not currently have a disability. It also includes individuals who do not have a disability but are regarded as having a disability. The ADA also makes it unlawful to discriminate against a person based on that person’s association with a person with a disability.

For additional information, take a look at the following resources:

Fact Sheet: How is Disability Defined in the Americans With Disabilities Act?

FAQ: What does a “record of” having a disability mean?

FAQ: What is the definition of disability under the ADA?

Major life activities are those functions that are important to most people’s daily lives. Examples of major life activities are breathing, walking, talking, hearing, seeing, sleeping, caring for one’s self, performing manual tasks, and working. Major life activities also include major bodily functions such as immune system functions, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

For additional information, take a look at the following resources:

FAQ: What does “regarded as” having a disability mean?

FAQ: Can you give me an example of someone who is “regarded as” having a disability?

“Regarded as” means that the person either:

Has an impairment that does not substantially limit a major life activity;
Has an impairment that substantially limits a major life activity only as a result of the attitudes of others toward them; or
Does not have any impairment, but is treated by an entity as having an impairment.

For additional information, take a look at the following resources:

FAQ: Who is protected from employment discrimination?

FAQ: What is the definition of disability under the ADA?

Are all people who have disabilities covered by the ADA?

For additional information, take a look at the following resources:

FAQ: What does "regarded as" having a disability mean?

FAQ: What is the definition of disability under the ADA?

FAQ: What is the definition of disability under the ADA?

Yes, the ADA definition of disability includes mental, as well as physical, impairments.

For additional information, take a look at the following resources:

FAQ: What does "regarded as" having a disability mean?

Businesses and non-profit organizations are required by the ADA to remove architectural barriers when it is "readily achievable" to do so. How do businesses and non-profit organizations determine what is "readily achievable"?

“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 the ADA UPDATE: A PRIMER for SMALL BUSINESS. .

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

For additional information, take a look at the following resource:

FAQ: What is considered an "undue hardship" for a reasonable accommodation?

How many people in the United States have a disability?

According to the Survey of Income and Program Participation (SIPP) data, approximately 54 million Americans have a disability.

For additional information, take a look at the following resource:

FAQ: Must alternative steps be taken without regard to costs?

What funding assistance is available for removing barriers and accommodating customers with disabilities?

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.

For additional information, take a look at the following resources:

FAQ: When barrier removal is not readily achievable, what kinds of alternative steps are required by the ADA?

FAQ: What kinds of auxiliary aids and services are required by the ADA to ensure effective communication with individuals with hearing or vision impairments?

FAQ: What is public accommodation?

Fact Sheet: Effective Communication

For additional information, take a look at the following resources:

What are the new requirements for public and private swimming pools (pools owned/operated by businesses covered by Title III, such as hotels and motels, health clubs, recreation centers, public country clubs)?

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

For additional information, take a look at the following resources:

FAQ: Is my building "grandfathered in" under the older 1991 ADA Standards for Accessible Design or do I need to comply with the 2010 ADA Standards?

Fact Sheet: Accessible Lodging

I heard there is a new ADA?

For additional information, take a look at the following resources:

Fact Sheet: An Employee View of the Changes from the ADA Amendments Act

What is the American’s with Disabilities Act (ADA)?

What standards apply to newly constructed and altered facilities covered by the ADA?

For additional information, take a look at the following resources:

FAQ: Where can I find a complete set of ADA standards for accessible design?

If I am altering or doing an addition to my building, can I still follow the older 1991 ADA Standards for Accessible Design or must I use the new 2010 ADA Standards?

For additional information, take a look at the following resources:

FAQ: What if a service animal barks or growls at other people, or otherwise acts out of control?

FAQ: Am I responsible for the animal while the person with a disability is in my business?

FAQ: Is my building "grandfathered in" under the older 1991 ADA Standards for Accessible Design or do I need to comply with the 2010 ADA Standards?

What are the compliance dates mandated by the new 2010 ADA Standards?

For businesses that are covered under Title III, the compliance date for the 2010 ADA Standards for new construction and alterations is determined by:

the date the last application for a building permit or permit extension is certified to be complete by a State, county, or local government;
the date the last application for a building permit or permit extension is received by a State, county, or local government, where the government does not certify the completion of applications; or
the start date of physical construction or alteration, if no permit is required.

If that date is on or after March 15, 2012, then new construction and alterations must comply with the 2010 ADA Standards.

Source: http://www.ada.gov/revised_effective_dates-2010.htm.

For additional information, take a look at the following resources:

FAQ: What does the ADA require in new construction?

Fact Sheet: Opening Doors to Everyone

How do the 2010 changes to the ADA Standards for Accessible Design impact parking spaces that already exist?

The 1991 ADA Standards require that one in eight accessible spaces be van accessible and have a 96 in. wide minimum access aisle, rather than the 60 in. wide minimum access aisle required for regular accessible spaces. The 2010 ADA Standards change that so one in six accessible spaces must be van-accessible. If the parking lot or garage is in compliance with the 1991 ADA Standards, then the “safe harbor” provision applies and the number of van accessible spaces does not have to be increased.

If the parking lot or garage is not in compliance with the 1991 ADA Standards, it must be altered to provide accessible parking spaces in compliance with the 2010 ADA Standards if it is readily achievable to do so.

If a parking lot or garage is altered, the safe harbor provision no longer applies and more van-accessible spaces may be required.
For example: A business’ parking lot has a total of 250 parking spaces and, as required in the 1991 ADA Standards, the lot includes seven accessible parking spaces, one of which is van-accessible. The 2010 ADA Standards require two van-accessible spaces even though the total minimum number of accessible spaces remains at seven. The business does not have to modify its parking lot to provide the additional van-accessible space until the lot undergoes a planned alteration (re-striping, re-surfacing, etc.).

For additional information, take a look at the following resources:

FAQ: Is my building “grandfathered in” under the older 1991 ADA Standards for Accessible Design or do I need to comply with the 2010 ADA Standards?

Fact Sheet: Accessible Parking

My county health department has told me that only a "guide dog in harness" has to be admitted to my restaurant. If I follow their advice, am I violating the ADA?

Yes. Any service animal and their owner must be allowed to access those areas of a restaurant where customers are allowed to go. Whenever a public health ordinance, or other local law, is different from the ADA, the law which is least restrictive for the person with a disability takes priority.

For additional information, take a look at the following resources:

FAQ: What if a service animal barks or growls at other people, or otherwise acts out of control?

If I am a business or non-profit organization leasing building space from a building owner and the parking lot is not compliant with the 2010 ADA Standards, am I obligated to address this or is it solely the responsibility of the building owner?

Both tenants and landlords have obligations to ensure that facilities and operations are ADA compliant. The lease may indicate how barrier removal responsibilities are shared but the lease does not relieve either tenant or landlord from their individual obligations to comply with the ADA.
The ideal time to address this is when leasing new space or renewing a lease. A tenant should request that the landlord agree in the lease to modify those areas which are under the exclusive control of the landlord, such as parking, walkways, entrances, and rest rooms. If the lease specifies that the tenant has control over these areas, then the tenant should request that a provision be added to the lease so that the tenant can make those alterations needed to comply with barrier removal requirements.

For additional information, take a look at the following resources:

FAQ: Who has responsibility for ADA compliance in leased places of public accommodation, the landlord or the tenant?

Fact Sheet: Accessible Parking

Can I charge maintenance or cleaning fees for customers who bring service animals into my business?

No. You cannot ask or require an individual with a disability to pay maintenance or cleaning fees, even if people with pets are required to pay these fees. Service animals are not pets. If you normally charge individuals for the damage they cause, you may charge an individual with a disability for damages caused by his or her service animal. Service animals must be housebroken and under the control of the owner at all times.

For additional information, take a look at the following resource:

Fact Sheet: Service Animals

Is my building "grandfathered in" under the older 1991 ADA Standards for Accessible Design or do I need to comply with the 2010 ADA Standards?

For additional information, take a look at the following resources:

FAQ: Must an employer modify existing facilities to make them accessible?

FAQ: If I am altering or doing an addition to my building, can I still follow the older 1991 ADA Standards for Accessible Design or must I use the new 2010 ADA Standards?

I operate a private taxicab and I don't want animals in my taxi; they smell, shed hair and sometimes have "accidents." Am I violating the ADA if I refuse to pick up someone with a service animal?

Yes, this is a violation of the ADA. Taxicab companies may not refuse to provide services to individuals with disabilities. Private taxicab companies are also prohibited from charging higher fares or fees for transporting individuals with disabilities and their service animals than they charge to other persons for the same service. The owner must have the service animal under control and the animal must be housebroken.

A person traveling with a service animal:

cannot be denied access to transportation, even if there is a “no pets” policy
cannot be forced to sit in a particular spot
does not have to provide advance notice that he or she will be traveling with a service animal

These laws apply to both public and private transportation providers and include subways, fixed route buses, paratransit, rail and light rail, taxicabs, shuttles and limousine services.

For additional information, take a look at the following resources:

FAQ: What if a service animal barks or growls at other people, or otherwise acts out of control?

FAQ: Am I responsible for the animal while the person with a disability is in my business?

FAQ: What is the definition of disability under the ADA?

What, if any, are the specific disabilities that are covered under the ADA Title I employment regulations?

Instead of providing a list of impairments that would “consistently,” “sometimes,” or “usually not” be disabilities, the regulations 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.

For additional information, take a look at the following resources:

Am I responsible for the animal while the person with a disability is in my business?

No. The care or supervision of a service animal is solely the responsibility of the owner. You are not required to provide care or food or a special location for the animal.

For additional information, take a look at the following resources:

Fact Sheet: Service Animals

Service Animal Booklet

If I am doing a renovation on a hotel, how many guest rooms need to be accessible?

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

For additional information, take a look at the following resources:

Fact Sheet: Accessible Lodging

What if a service animal barks or growls at other people, or otherwise acts out of control?

You may ask an individual with a disability to remove a service animal from the premises (facility) if the animal is not housebroken or if the animal is out of control and the individual does not take effective action to control it. Unwarranted and unprovoked violent behavior, such as uncontrolled barking, growling at other customers, jumping on other people, or running away from the owner are examples of unacceptable behavior.

The owner must use a harness, leash or other tether with his or her service animal unless the individual is unable to do so because of a disability or the use of these would make it difficult or unsafe for the service animal to perform tasks. When a harness, leash or other tether are not being used, the service animal must be under the owner’s control through voice control, signals, or other effective means.

If a service animal is removed from the premises, the individual with a disability must still be offered the opportunity to obtain goods, services, and accommodations.

For additional information, take a look at the following resources:

Service Animals, Small Business, and Other Public Accommodations

FAQ: What are some common misconceptions about service animals?

Can I exclude an animal that doesn't really seem dangerous but is disruptive to my business?

Yes. A business has the right to deny access to a service animal that disrupts their business. For example, a service dog that barks and disrupts another patron’s enjoyment of a movie could be asked to leave. Also, businesses, airlines, public programs and transportation providers may exclude a service animal when the animal’s behavior poses a direct threat to the health or safety of others. However, some animals may be trained to whine or bark as part of doing their job.

A decision to exclude a service animal cannot be based on the notion that an animal might threaten the safety of others. It also cannot be based on a business person’s assumptions or bad experiences with other animals. Each service animal must be considered individually.

For additional information, take a look at the following resource:

Fact Sheet: Service Animals

I heard that miniature horses are considered to be service animals by the ADA. Is this true?

The miniature horse is not included in the definition of service animal, which is limited to dogs. However, the new ADA regulations contain a specific provision which covers miniature horses. Businesses must make reasonable modifications in policies, practices, or procedures to permit the use of a miniature horse by an individual with a disability if the miniature horse has been individually trained to do work or perform tasks for the benefit of the individual with a disability.

Factors to assist in determining whether miniature horses can be accommodated are whether:

the miniature horse is housebroken
the miniature horse is under the owner’s control
the facility can accommodate the miniature horse’s type, size, and weight
the miniature horse’s presence will not compromise legitimate safety requirements necessary for the safe operation of the facility

For additional information, take a look at the following resources:

Service Animals, Small Business, and Other Public Accommodations

How can I tell if an animal is really a service animal and not just a pet?

To determine if an animal is a service animal, you may ask two questions:

Is the dog a service animal required because of a disability?
What work or task has the dog been trained to perform?

You may not ask these questions if the need for the service animal is obvious. Examples include when a dog is guiding an individual who is blind or is pulling a person’s wheelchair. In addition:

You may not ask about the nature or extent of an individual’s disability
You may not require proof that the animal has been certified, trained or licensed as a service animal
You may not require the animal to wear an identifying vest or tag
You may not ask that the dog demonstrate its ability to perform the task or work

Under the ADA, it is training that distinguishes a service animal from other animals. Some service animals may be professionally trained; others may have been trained by their owners. However, the task that the service animal is trained to do must be directly related to the owner’s disability.

The handler is responsible for the care and supervision of his or her service animal. If a service animal behaves in an unacceptable way and the person with a disability does not control the animal, a business or other entity has the right to ask that the dog be removed. A business also has the right to deny access to a dog that disrupts their business or poses a direct threat to the health and safety of others. For example, if a service dog barks repeatedly or growls at customers, it could be asked to leave.

Service animals in-training are not specifically addressed in the ADA. However, some state laws may afford service animals in-training the same protections as service animals that have completed their training.

For additional information, take a look at the following resources:

FAQ: What must I do when an individual with a service animal comes to my business?

Service Animal FAQs

What must I do when an individual with a service animal comes to my business?

Individuals with disabilities are allowed to be accompanied by their service animals in all areas of public facilities and private businesses where members of the public are allowed to go. An individual with a service animal may not be segregated from other customers. If a service animal’s presence compromises safety or is disruptive to the purpose of the business, they can be excluded from a specific facility such as a surgery or intensive care unit in a hospital in which a sterile field is required.

Allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals. If it is possible, separate the person with the allergy or other animal aversions from the person with a service animal.

For additional information, take a look at the following resources:

FAQ: What if a service animal barks or growls at other people, or otherwise acts out of control?

FAQ: How can I tell if an animal is really a service animal and not just a pet?

Fact Sheet: Service Animals

I have always had a clearly posted "no pets" policy at my business. Do I still have to allow service animals in?

Yes. Even if the business or a public program has a “no pets” policy, it may not deny entry to a person with a service animal. Service animals are working animals, not pets. So, although a “no pets” policy is perfectly legal, it does not allow a business to exclude service animals.

For additional information, take a look at the following resources:

FAQ: What if a service animal barks or growls at other people, or otherwise acts out of control?

FAQ: How can I tell if an animal is really a service animal and not just a pet?

Service Animal Resource HUB

What are the laws about services animals that apply to my business?

The U.S. Department of Justice issued revised Americans with Disabilities Act (ADA) regulations that took effect on March 15, 2011. Under the revised ADA regulations, public and commercial facilities such as restaurants, hotels, retail stores, taxicabs, theaters, concert halls, and sports facilities must permit service animals to accompany people with disabilities in all areas where members of the public are allowed to go. Private businesses and government agencies must make reasonable modifications of policy and procedure to allow miniature horses trained to act as a service animal as well, when reasonable. A service animal is a working animal; not a pet. An example of a task a service animal can perform is providing a safety check or a room search for a person with Post Traumatic Stress Disorder (PTSD).

Under Title I of the ADA, the employment section, there is no definition of "service animal." A service animal in the workplace is just like any other reasonable accommodation in the workplace and may not necessarily be defined by the regulations as stated in Title II and III regulations.

For additional information, take a look at the following resources:

FAQ: What if a service animal barks or growls at other people, or otherwise acts out of control?

FAQ: How can I tell if an animal is really a service animal and not just a pet?

Service Animals, Small Business, and Other Public Accommodations

What is a service animal?

Beginning on March 15, 2011, under Titles II and III of the ADA, the definition of a service animal is: "A service animal is a dog that is individually trained to do work or perform tasks directly related to the person’s disability."

Examples of service animal tasks include:

--Guiding a person who is blind.

--Pulling a wheelchair.

--Alerting a person who has a seizure disorder.

--Providing physical support and assistance with balance and stability.

--Assisting persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors

--Providing a safety check or a room search for a person with Post Traumatic Stress Disorder (PTSD)

An animal that provides only emotional support, comfort, therapy, or crime prevention is not considered a service animal under the ADA. A service animal is a working animal; not a pet. Laws similar to the ADA, as well as local states; counties; and cities, may have different and more broad definitions of "service animal." Check with your local ADA Center.

For additional information, take a look at the following resources:

Fact Sheet: Service Animals

Service Animal or Emotional Support Animal: What is the Difference?

Are there any limitations on the ADA's barrier removal requirements for existing facilities?

Yes. Barrier removal needs to be accomplished only when it is "readily achievable" to do so, which means means "easily accomplishable and able to be carried out without much difficulty or expense."

For additional information, take a look at the following resources:

FAQ: When barrier removal is not readily achievable, what kinds of alternative steps are required by the ADA?

FAQ: What are examples of the types of physical modifications or barrier removal that would be readily achievable in most cases?

FAQ: What does the term "readily achievable" mean?

Fact Sheet: Small Business and ADA Readily Achievable Requirements

What accessibility standards for buildings and facilities must be followed by commercial facilities and places of public accommodation?

See the ADA Standards for more information: https://www.access-board.gov/ada/

For additional information, take a look at the following resources:

FAQ: Where can I find a complete set of ADA standards for accessible design?

FAQ: What is considered an “undue hardship” for reasonable accommodation?

It means "easily accomplishable and able to be carried out without much difficulty or expense."

For additional information, take a look at the following resources:

FAQ: When barrier removal is not readily available, what kinds of alternative steps are required by the ADA?

FAQ: Must alternative steps be taken without regard to cost?

Does the ADA permit an individual with a disability to sue a business when that individual believes that discrimination is about to occur, or must the individual wait for the discrimination to occur?

For additional information, take a look at the following resources:

FAQ: Who is protected from employment discrimination?

FAQ: What is the definition of disability under the ADA?

What are public accommodations?

A public accommodation is a private entity that owns, operates, leases, or leases to, a place of public accommodation. Places of public accommodation include a wide range of entities, such as restaurants, hotels, theaters, doctors' offices, pharmacies, retail stores, museums, libraries, amusement parks, private schools, and day care centers. Private clubs and religious organizations are exempt from the ADA's title III requirements for public accommodations.

For additional information, take a look at the following resources:

FAQ: Is it expensive to make all newly constructed places of public accommodation and commercial facilities accessible?

FAQ: What funding assistance is available for removing barriers and accommodating customers with disabilities?

What are examples of the types of physical modifications or barrier removal that would be readily achievable in most cases?

For additional information, take a look at the following resources:

FAQ: What is the process to request a reasonable accommodation in employment?

FAQ: How will a State or local government know that a new building is accessible?

Fact Sheet: Reasonable Accommodations in the Workplace

How does the ADA affect existing State and local building codes?

For additional information, take a look at the following resources:

FAQ: What does the ADA require in new construction?

Can a public accommodation use eligibility criteria to determine who may receive services?

Yes. However, if a requirement 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 if the use of an alternative means of identification is available.

For more information, take a look at the following resources:

FAQ: What standards must places of public accommodations and commercial facilities use for readily achievable barrier removal and in new construction and alterations?

Will businesses need to rearrange furniture and display racks?

Possibly. For example, restaurants may need to rearrange tables and department stores may need to adjust their layout of racks and shelves in order to permit access to wheelchair users.

For additional information, take a look at the following resources:

FAQ: When barrier removal is not readily achievable, what kinds of alternative steps are required by the ADA?

FAQ: How does the ADA affect existing State and local building codes?

What is the effect of certification of a State or local code or ordinance?

For additional information, take a look at the following resources:

FAQ: Where can I find a complete set of ADA standards for accessible design?

FAQ: What should be applied to a situation when both the local or state code and the 2010 ADA Standards for Accessible Design need to be considered?

Are there any limits on the kinds of modifications in policies, practices, and procedures required by the ADA?

Yes. The ADA does not require modifications that would fundamentally alter the nature of the services provided by the public accommodation.

For additional information, take a look at the following resources:

FAQ: What is considered an "undue hardship" for a reasonable accommodation?

Fact Sheet: Reasonable Accommodations in the Workplace

Will businesses need to install elevators?

Businesses are not required to retrofit their facilities to install elevators unless such installation is readily achievable, which is unlikely in most cases.

For additional information, take a look at the following resources:

FAQ: Where can I find a complete set of ADA standards for accessible design?

When are the public accommodations provisions effective?

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.

For additional information, take a look at the following resources:

What kinds of auxiliary aids and services are required by the ADA to ensure effective communication with individuals with hearing or vision impairments?

Appropriate auxiliary aids and services for individuals with hearing loss may include:

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:

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.

For additional information, take a look at the following resources:

FAQ: What funding assistance is available for individuals with disabilities to purchase assistive devices, ramps, etc.?

Fact Sheet: Effective Communication

When barrier removal is not readily achievable, what kinds of alternative steps are required by the ADA?

Alternatives may include such measures as in-store assistance for removing articles from inaccessible shelves, home delivery of groceries, or coming to the door to receive or return dry cleaning.

For additional information, take a look at the following resources:

FAQ: How is “readily achievable” determined in a multi site business?

FAQ: What funding assistance is available for removing barriers and accommodating customers with disabilities?

Fact Sheet: Small Business and ADA Readily Achievable Requirements

How will the public accommodations provisions be enforced?

For additional information, take a look at the following resources:

FAQ: How can I file an ADA complaint with the U.S. Department of Justice?

FAQ: What kinds of auxiliary aids and services are required by the ADA to ensure effective communication?

Are there any limitations on the ADA's auxiliary aids requirements?

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.

For additional information, take a look at the following resources:

FAQ: What is considered an "undue hardship" for a reasonable accommodation?

Fact Sheet: Effective Communication

Communication Interpretation Resources

Must alternative steps be taken without regard to cost?

No, only readily achievable alternative steps must be undertaken.

For additional information, take a look at the following resources:

FAQ: When barrier removal is not readily achievable, what kinds of alternative steps are required by the ADA?

FAQ: What is considered an “undue hardship” for a reasonable accommodation?

Does the ADA cover private apartments and private homes?

For additional information, take a look at the following resource:

Fact Sheet: Accessible Lodging

Do businesses need to have Braille materials, such as menus and sales tags, on hand in order to comply with Title III?

Generally no, as long as restaurant management has instructed waiters or waitresses to read menus upon request or retail stores have sales staff that will read sales tags to customers with visual impairments. They key is to provide effective communication.

For additional information, take a look at the following resources:

FAQ: What kinds of auxiliary aids and services are required by the ADA to ensure effective communication with individuals with hearing or vision impairments?

Fact Sheet: Effective Communication

How is "readily achievable" determined in a multisite business?

In determining whether an action to make a public accommodation accessible would be "readily achievable," the overall size of the parent corporation or entity is only one factor to be considered. The ADA also permits consideration of the financial resources of the particular facility or facilities involved and the administrative or fiscal relationship of the facility or facilities to the parent entity.

For additional information, take a look at the following resources:

FAQ: What is considered an “undue hardship” for a reasonable accommodation?

FAQ: What are the limitations on the obligation to make a reasonable accommodation?

Fact Sheet: Reasonable Accommodations in the Workplace

Are businesses entitled to any tax benefit to help pay for the cost of compliance?

As amended in 1990, the Internal Revenue Code allows a deduction of up to $15,000 per year for expenses associated with the removal of qualified architectural and transportation barriers.

The 1990 amendment also permits eligible small businesses to receive a tax credit for certain costs of compliance with the ADA. An eligible small business is one whose gross receipts do not exceed $1,000,000 or whose workforce does not consist of more than 30 full-time workers. Qualifying businesses may claim a credit of up to 50 percent of eligible access expenditures that exceed $250 but do not exceed $10,250. Examples of eligible access expenditures include the necessary and reasonable costs of removing architectural, physical, communications, and transportation barriers; providing readers, interpreters, and other auxiliary aids; and acquiring or modifying equipment or devices.

For additional information, take a look at the following resources:

FAQ: What funding assistance is available for removing barriers and accommodating customers with disabilities?

ADA Quick Tips: Tax Incentives Factsheet

Do businesses need to have a qualified interpreter on hand in order to communicate with a person who is deaf?

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.

For additional information, take a look at the following resources:

FAQ: What kinds of auxiliary aids and services are required by the ADA to ensure effective communication with individuals with hearing or vision impairments?

Fact Sheet: Effective Communication

Who has responsibility for ADA compliance in leased places of public accommodation, the landlord or the tenant?

The ADA places the legal obligation to remove barriers or provide auxiliary aids and services on both the landlord and the tenant. The landlord and the tenant may decide by lease who will actually make the changes and provide the aids and services, but both remain legally responsible.

For additional information, take a look at the following resources:

FAQ: What kinds of auxiliary aids and services are required by the ADA to ensure effective communication with individuals with hearing or vision impairments?

Fact Sheet: Effective Communication

FAQ: If I am a business or non-profit organization leasing building space from a building owner and the parking lot is not compliant with the 2010 ADA Standards, am I obligated to address this or is it solely the responsibility of the building owner?

FAQ: Can an employer be required to reallocate an essential function of a job to another employee as a reasonable accommodation?

[Captioned Video – 1:43 min.]

A qualified individual is a person who meets legitimate skill, experience, education, or other requirements of an employment position that s/he holds or seeks, and who can perform the essential functions of the position with or without reasonable accommodation. Requiring the ability to perform "essential" functions assures that an individual with a disability will not be considered unqualified simply because of inability to perform marginal or incidental job functions. If the individual is qualified to perform essential job functions except for limitations caused by a disability, the employer must consider whether the individual could perform these functions with a reasonable accommodation. If a written job description has been prepared in advance of advertising or interviewing applicants for a job, this will be considered as evidence, although not conclusive evidence, of the essential functions of the job.

For additional information, take a look at the following resources:

FAQ: Can an employer maintain existing production/performance standards for an employee with a disability?

What is the definition of a wheelchair under the ADA?

For additional information, take a look at the following resources:

Fact Sheet: The ADA & Accessible Ground Transportation

FAQ: Where can I find a complete set of ADA standards for accessible design?

Fact Sheet: Wheelchairs and Other Power-Driven Mobility Devices

Is it expensive to make all newly constructed places of public accommodation and commercial facilities accessible?

For additional information, take a look at the following resource:

What is another power-driven mobility device (OPDMD)?

An OPDMD is any mobility device powered by batteries, fuel, or other engines that is used by individuals with mobility disabilities for the purpose of locomotion, whether or not it was designed primarily for use by individuals with mobility disabilities. OPDMDs may include golf cars, electronic personal assistance mobility devices, such as the Segway^® Personal Transporter (PT), or any mobility device that is not a wheelchair, which is designed to operate in areas without defined pedestrian routes. Covered entities must make reasonable modifications in their policies, practices, or procedures to permit individuals with mobility disabilities to use OPDMDs unless the entity can demonstrate that the class of OPDMDs cannot be operated in accordance with legitimate safety requirements adopted by the entity.

For additional information, take a look at the following resources:

FAQ: Is my building "grandfathered in" under the older 1991 ADA Standards for Accessible Design or do I need to comply with the 2010 ADA Standards?

Fact Sheet: Wheelchairs and other Power-Driven Mobility Devices

Fact Sheet: The ADA & Accessible Ground Transportation

What are the ADA requirements for altering facilities?

When alterations are made to a primary function area, such as the lobby of a bank or the dining area of a cafeteria, an accessible path of travel to the altered area must also be provided.

See the 2010 ADA Standards for Accessible Design for more information regarding alterations: https://www.ada.gov/regs2010/2010ADAStandards/2010ADAstandards.htm

For additional information, take a look at the following resources:

FAQ: If I am doing a renovation on a hotel, how many guest rooms need to be accessible?

Fact Sheet: Overview of the 2010 Standards for Accessible Design

Employer (55)

When did the ADA become a law?

Additional information on the history and background on the law is available on the U.S. Department of Justice’s Civil Rights Division website at: https://www.ada.gov/2010_regs.htm.

For additional information, take a look at the following resources:

For additional information, take a look at the following resources:

FAQ: What is the definition of disability under the ADA?

What kind of law is the ADA?

For additional information, take a look at the following resources:

What is the American’s with Disabilities Act (ADA)?

I heard there is a new ADA?

For additional information, take a look at the following resources:

Fact Sheet: An Employee View of the Changes from the ADA Amendments Act

What is the definition of disability under the ADA?

For additional information, take a look at the following resources:

Fact Sheet: How is Disability Defined in the Americans With Disabilities Act?

FAQ: What does “regarded as” having a disability mean?

FAQ: What does a “record of” having a disability mean?

FAQ: Can an employer be required to reallocate an essential function of a job to another employee as a reasonable accommodation?

What are the "essential functions" of a job?

[Captioned Video – 1:43 min.]

Essential functions are the basic job duties.

ADA Regulations say that the following things should be taken into consideration when determining whether a job function is essential:

The employer’s judgment about which functions are essential;
Job descriptions that were written before a job was posted;
The amount of time spent performing the function;
The consequences of not requiring the person to perform the function;
The terms of a collective bargaining agreement; and
The work experience of others who have had, or currently hold, the same or similar positions.

For additional information, take a look at the following resources:

Fact Sheet: Reasonable Accommodations in the Workplace

FAQ: What is the definition of disability under the ADA?

For additional information, take a look at the following resources:

FAQ: What does “regarded as” having a disability mean?

What does a "record of" a disability mean?

“Record of” means that the person has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities, even though the person does not currently have a disability. For example, a person who undergoes treatment for cancer then returns to work. Although the cancer may not be in remission, they have a record of having had it.

For additional information, take a look at the following resources:

FAQ: What is the definition of disability under the ADA?

FAQ: Can you give me an example of someone who has a “record of” a disability without having a current disability?

Can you give me an example of someone who has a "record of" a disability without having a current disability?

Sure. A man, who is in line for a promotion, has a history of cancer treatment, although he is now free of cancer. He is not given the promotion because his bosses are worried that, if his cancer returns, he won’t be able to do the job. He does not, at this point, meet the first part of the definition of disability because he does not have a physical or mental impairment that substantially limits one or more major life activities. However, based on his “record of” a disability, he is being discriminated against.

For additional information, take a look at the following resources:

FAQ: What are my employer's obligations after I return from medical leave? (What kind of documentation can the employer ask for when I return from medical leave?)

FAQ: What is the definition of disability under the ADA?

FAQ: Can you give me an example of someone who is “regarded as” having a disability?

“Regarded as” means that the person either:

Has an impairment that does not substantially limit a major life activity;
Has an impairment that substantially limits a major life activity only as a result of the attitudes of others toward them; or
Does not have any impairment, but is treated by an entity as having an impairment.

For additional information, take a look at the following resources:

FAQ: Who is protected from employment discrimination?

FAQ: What is the definition of disability under the ADA?

Can you give me an example of someone who is "regarded as" having a disability?

Sometimes people do not have a disability, but people believe that they do. If they are discriminated against based on that belief (for example, if they are not hired, or not allowed to participate in a program), they may be able to file a complaint under the ADA.

For example, Jenna has noticeable burn scars on her face. Her scars have no impact on major life activities. However, Jenna is turned away from a job interview because of her facial scars. The employer believes her “condition will make her unable to work with customers." Under the ADA, Jenna would be protected from discrimination because her employer regarded her scars as a disabling condition.

For additional information, take a look at the following resource:

Fact Sheet: What is the definition of disability under the ADA?

Are all people who have disabilities covered by the ADA?

For additional information, take a look at the following resources:

FAQ: What does "regarded as" having a disability mean?

FAQ: What is the definition of disability under the ADA?

FAQ: What is the definition of disability under the ADA?

Yes, the ADA definition of disability includes mental, as well as physical, impairments.

For additional information, take a look at the following resources:

FAQ: What does "regarded as" having a disability mean?

Does the ADA require that an applicant or employee with a disability be qualified for the position?

Yes. The ADA defines qualified to mean a person who meets legitimate skill, experience, education, or other requirements of an employment position that s/he holds or seeks, and who can perform the essential functions of the position with or without reasonable accommodation. Requiring the ability to perform "essential" functions assures that an individual with a disability will not be considered unqualified simply because of inability to perform marginal or incidental job functions. If the individual is qualified to perform essential job functions except for limitations caused by a disability, the employer must consider whether the individual could perform these functions with a reasonable accommodation. If a written job description has been prepared in advance of advertising or interviewing applicants for a job, this will be considered as evidence, although not conclusive evidence, of the essential functions of the job.

For additional information, take a look at the following resources:

FAQ: Can an employer be required to modify, adjust, or make other reasonable accomodations in the way a test is given to an applicant or employee with a disability?

How many people in the United States have a disability?

According to the Survey of Income and Program Participation (SIPP) data, approximately 54 million Americans have a disability.

For additional information, take a look at the following resource:

FAQ: What are the limitations on the obligation to make a reasonable accommodation?

What is considered an "undue hardship" for a reasonable accommodation?

An employer is not required to make an accommodation if it would impose an "undue hardship" on the operation of the employer's business. "Undue hardship" is defined as an "action requiring significant difficulty or expense" when considered in light of a number of factors. These factors include the nature and cost of the accommodation in relation to the size, resources, nature, and structure of the employer's operation.

Undue hardship is determined on a case-by-case basis. Where the facility making the accommodation is part of a larger entity, the structure and overall resources of the larger organization would be considered, as well as the financial and administrative relationship of the facility to the larger organization. In general, a larger employer with greater resources would be expected to make accommodations requiring greater effort or expense than would be required of a smaller employer with fewer resources.

If a particular accommodation would be an undue hardship, the employer must try to identify another accommodation that will not pose such a hardship. Also, if the cost of an accommodation would impose an undue hardship on the employer, the individual with a disability should be given the option of paying that portion of the cost which would constitute an undue hardship or providing the accommodation.

For additional information, take a look at the following resource:

Fact Sheet: Reasonable Accommodation in the Workplace

What is the process to request a reasonable accommodation in employment?

According to the Equal Employment Opportunity Commission (EEOC), when an individual decides to request an accommodation, the individual or their representative must let the employer know that they need an adjustment or change at work for a reason related to a medical condition. There is no need to mention the ADA or use the phrase “reasonable accommodation.”

Requests for reasonable accommodation do not have to be in writing and can be requested in a face-to-face conversation or using any other method of communication. Employers may choose to write a memo or letter confirming the employee’s request or may ask the employee to fill out a form or submit the request in written form. However, the employee may want to put the request in writing even if the employer does not require it. Sometimes it is useful to have a paper trail in case there is a dispute about whether or when the accommodation was requested.

Example A: An employee tells her supervisor, "I'm having trouble getting to work at my scheduled starting time because of medical treatments I'm undergoing." This is a request for a reasonable accommodation.

Example B: A new employee, who uses a wheelchair, informs the employer that her wheelchair cannot fit under the desk in her office. This is a request for reasonable accommodation.

Incorrect Example C: An employee tells his supervisor that he would like a new chair because his present one is uncomfortable. Although this is a request for a change at work, his statement is insufficient to put the employer on notice that he is requesting reasonable accommodation. He does not link his need for the new chair with a medical condition.

While an employer cannot ignore the initial request, this request does not necessarily mean that the employer is required to provide the change. A request for reasonable accommodation is the first step in an informal, interactive process between the employee and the employer. In some instances, before addressing the merits of the accommodation request, the employer needs to determine if the individual's medical condition meets the ADA definition of "disability," a prerequisite for the individual to be entitled to a reasonable accommodation.

For additional information, take a look at the following resources:

FAQ: How is the term “readily achievable” determined in a multi site business?

FAQ: When barrier removal is not readily achievable, what kinds of alternative steps are required by the ADA?

Fact Sheet: Reasonable Accommodations in the Workplace

Fact Sheet: Small Business and ADA Readily Achievable Requirements

What, if any, are the specific disabilities that are covered under the ADA Title I employment regulations?

For additional information, take a look at the following resources:

FAQ: What is the definition of disability under the ADA?

Can an employer be required to reallocate an essential function of a job to another employee as a reasonable accommodation?

No. An employer is not required to reallocate essential functions of a job as a reasonable accommodation.

For additional information, take a look at the following resource:

How are the employment provisions enforced?

Complaints regarding alleged disability discrimination in the workplace that occurred on or after July 26, 1992 may be filed with Equal Employment Opportunity Commission or designated State human rights agencies. Available remedies may include hiring, reinstatement, promotion, back pay, front pay, restored benefits, reasonable accommodations, attorneys' fees, expert witness fees, and court costs. Compensatory and punitive damages also may be available in cases of intentional discrimination or where an employer fails to make a good faith effort to provide a reasonable accommodation. A charge must be filed within 180 calendar days from the date that the alleged discrimination took place. The 180 calendar day filing deadline is extended to 300 calendar days if a state or local agency enforces a law that prohibits employment discrimination on the same basis. A state’s designated human rights agency should be consulted to determine if the extended filing deadline applies. Your regional ADA Center can assist you in finding your state human rights agency.

For additional information, take a look at the following resources:

Fact Sheet: ADANN Services

Can an employer be required to modify, adjust, or make other reasonable accommodations in the way a test is given to an applicant or employee with a disability?

Yes. Accommodations may be needed to assure that tests or examinations measure the actual skills, aptitudes, or other factors the test purports to measure rather than reflect limitations caused by the disability. Tests should be given to people who have sensory, speaking, or manual impairments in a format that does not require the use of the impaired skill, unless it is a job-related skill that the test is designed to measure.

For additional information, take a look at the following resource:

FAQ: Does the ADA require that an applicant or employee with a disability be qualified for the position?

What financial assistance is available to employers to help them make reasonable accommodations and comply with the ADA?

A tax credit is available to employers with gross receipts not exceeding $1,000,000 or that had no more than 30 full-time employees during the preceding tax year when they provided reasonable accommodations to individuals with disabilities in the previous year. An eligible small business may take a tax credit of up to $5,000 per year for accommodations made to comply with the ADA. The credit is available for one-half the cost of "eligible access expenditures" that are more than $250 but less than $10,250.

A full tax deduction, up to $15,000 per year, also is available to any business for expenses of removing qualified architectural or transportation barriers. Expenses covered include costs of removing barriers created by steps, narrow doors, inaccessible parking spaces, restroom facilities, and transportation vehicles. Additional information discussing the tax credits and deductions is contained in the Department of Justice's ADA Tax Incentive Packet for Businesses available from the ADA Information Line. Contact information is on page 30. Information about the tax credit and tax deduction can also be obtained from a local IRS office.

For additional information, take a look at the following resources:

Fact Sheet: Reasonable Accommodations in the Workplace

FAQ: What is the process to request a reasonable accommodation in employment?

FAQ: What are the limits on the obligation to make a reasonable accommodation?

Can an employer maintain existing production/performance standards for an employee with a disability?

An employer can hold employees with disabilities to the same standards of production/performance as other similarly situated employees without disabilities for performing essential job functions, though employees with disabilities may be entitled to reasonable accommodations in order to meet such standards.

An employer also can hold employees with disabilities to the same standards of production/performance as other employees regarding marginal functions unless the disability affects the person's ability to perform those marginal functions. If the ability to perform marginal functions is affected by the disability, the employer must provide some type of reasonable accommodation such as job restructuring but may not exclude an individual with a disability who is satisfactorily performing a job's essential functions.

For additional information, take a look at the following resource:

FAQ: Who is protected from employment discrimination?

What are an employer's recordkeeping requirements under the employment provisions of the ADA?

Any disability-related information, such as reasonable accommodation requests, must be maintained by an employer in a separate, confidential file; not in a personnel file. This file will not follow the employee if they leave their current job. If a charge of disability-related discrimination is filed or an action is brought by EEOC, an employer must save all personnel records related to the charge until final disposition of the charge.

For additional information, take a look at the following resources:

Fact Sheet: Reasonable Accommodations in the Workplace

What limitations does the ADA impose on medical examinations and inquiries about disability?

An employer may not ask or require a job applicant to take a medical examination before making a job offer. It cannot make any pre-offer inquiry about a disability or the nature or severity of a disability. An employer may, however, ask questions about the ability to perform specific job functions and may, with certain limitations, ask an individual with a disability to describe or demonstrate how s/he would perform these functions.

An employer may condition a job offer on the satisfactory result of a post-offer medical examination or medical inquiry if this is required of all entering employees in the same job category. A post-offer examination or inquiry does not have to be job-related and consistent with business necessity.

However, if an individual is not hired because a post-offer medical examination or inquiry reveals a disability, the reason(s) for not hiring must be job-related and consistent with business necessity. The employer also must show that no reasonable accommodation was available that would enable the individual to perform the essential job functions, or that accommodation would impose an undue hardship. A post-offer medical examination may disqualify an individual if the employer can demonstrate that the individual would pose a "direct threat" in the workplace (i.e., a significant risk of substantial harm to the health or safety of the individual or others) that cannot be eliminated or reduced below the "direct threat" level through reasonable accommodation. Such a disqualification is job-related and consistent with business necessity. A post-offer medical examination may not disqualify an individual with a disability who is currently able to perform essential job functions because of speculation that the disability may cause a risk of future injury.

After a person starts work, a medical examination or inquiry of an employee must be job-related and consistent with business necessity. Employers may conduct employee medical examinations where there is evidence of a job performance or safety problem that they reasonably believe is caused by a medical condition, examinations required by other federal laws, return-to-work examinations when they reasonably believe that an employee will be unable to do his job or may pose a direct threat because of a medical condition, and voluntary examinations that are part of employee health programs.

Information from all medical examinations and inquiries must be kept apart from general personnel files as a separate, confidential medical record, available only under limited conditions.

Tests for illegal use of drugs are not medical examinations under the ADA and are not subject to the restrictions of such examinations.

For additional information, take a look at the following resources:

FAQ: What are my employer's obligations after I return from medical leave? (What kind of documentation can the employer ask for when I return from medical leave?)

FAQ: Does the ADA require that an applicant or employee with a disability be qualified for the position?

Can an employer establish specific attendance and leave policies?

An employer can establish attendance and leave policies that are uniformly applied to all employees, regardless of disability, but may not refuse leave needed by an employee with a disability if other employees get such leave.

An employer also may be required to make adjustments in leave policy as a reasonable accommodation. The employer is not obligated to provide additional paid leave, but accommodations may include leave flexibility and unpaid leave.

A uniformly applied leave policy does not violate the ADA because it has a more severe effect on an individual because of his/her disability. However, if an individual with a disability requests a modification of such a policy as a reasonable accommodation, an employer may be required to provide it, unless it would impose an undue hardship.

For additional information, take a look at the following resources:

FAQ: What are my employer's obligations after I return from medical leave? (What kind of documentation can the employer ask for when I return from medical leave?)

FAQ: Does the ADA require that an applicant or employee with a disability be qualified for the position?

Does the ADA require that an employer post a notice explaining its requirements?

The ADA requires that employers post a notice describing the provisions of the ADA. It must be made accessible, as needed, to individuals with disabilities. A poster is available from EEOC summarizing the requirements of the ADA and other Federal legal requirements for nondiscrimination for which EEOC has enforcement responsibility. EEOC also provides guidance on making this information available in accessible formats for people with disabilities.

For additional information, take a look at the following resources:

Fact Sheet: Reasonable Accomodations in the Workplace

When can an employer ask an applicant to "self-identify" as having a disability?

Federal contractors and subcontractors who are covered by the affirmative action requirements of section 503 of the Rehabilitation Act of 1973 may invite individuals with disabilities to identify themselves on a job application form or by other pre-employment inquiry, to satisfy the section 503 affirmative action requirements. Employers who request such information must observe section 503 requirements regarding the manner in which such information is requested and used, and the procedures for maintaining such information as a separate, confidential record, apart from regular personnel records.

A pre-employment inquiry about a disability is allowed if required by another Federal law or regulation such as those applicable to disabled veterans and veterans of the Vietnam era. Pre-employment inquiries about disabilities may be necessary under such laws to identify applicants or clients with disabilities in order to provide them with required special services.

For additional information, take a look at the following resources:

Fact Sheet: Reasonable Accommodations in the Workplace

Fact Sheet: Mental Health Conditions in the Workplace and the ADA

FAQ: What are an employer's recordkeeping requirements under the employment provisions of the ADA?

Can an employer consider health and safety when deciding whether to hire an applicant or retain an employee with a disability?

Yes. The ADA permits employers to exclude individuals who pose a direct threat -- i.e., a significant risk of substantial harm -- to the health or safety of the individual or of others, if that risk cannot be eliminated or reduced below the level of a "direct threat" by reasonable accommodation.

However, an employer may not simply assume that a threat exists. ; the employer must establish through objective, medically supportable methods that there is The determination that an individual poses a significant risk of substantial harm must be based on an individualized assessment of the individual's current ability, based on the most current medical knowledge and/or on the best available objective evidence.

By requiring employers to make individualized judgments based on reliable medical or other objective evidence rather than on generalizations, ignorance, fear, patronizing attitudes, or stereotypes, the ADA recognizes the need to balance the interests of people with disabilities against the legitimate interests of employers in maintaining a safe workplace.

For additional information, take a look at the following resource:

FAQ: Does the ADA require that an applicant or employee with a disability be qualified for the position?

What resources does the Equal Employment Opportunity Commission have available to help employers and people with disabilities understand and comply with the employment requirements of the ADA?

EEOC has developed several resources to help employers and people with disabilities understand and comply with the employment provisions of the ADA. These resources are all available online.

Resources include:

A Technical Assistance Manual that provides "how-to" guidance on the employment provisions of the ADA as well as a resource directory to help individuals find specific information.

A variety of brochures, books.

A phone line with specialists at EEOC headquarters to answer questions and availability of local field offices

Does the ADA require employers to develop written job descriptions?

No. The ADA does not require employers to develop or maintain job descriptions. However, a written job description that is prepared before advertising or interviewing applicants for a job will be considered as evidence along with other relevant factors. If an employer uses job descriptions, they should be reviewed to make sure they accurately reflect the actual functions of a job. A job description will be most helpful if it focuses on the results or outcome of a job function, not solely on the way it customarily is performed. A reasonable accommodation may enable a person with a disability to accomplish a job function in a manner that is different from the way an employee who does not have a disability may accomplish the same function.

For additional information, take a look at the following resources:

FAQ: Does the ADA require that an applicant or employee with a disability be qualified for the position?

Are applicants or employees who are currently illegally using drugs protected by the ADA?

No. Individuals who currently engage in the illegal use of drugs are specifically excluded from the definition of an individual with a disability protected by the ADA when the employer takes action on the basis of their illegal drug use.

For additional information, take a look at the following resource:

FAQ: Is testing for the illegal use of drugs permissible under the ADA?

What is a service animal?

Examples of service animal tasks include:

--Guiding a person who is blind.

--Pulling a wheelchair.

--Alerting a person who has a seizure disorder.

--Providing physical support and assistance with balance and stability.

--Assisting persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors

--Providing a safety check or a room search for a person with Post Traumatic Stress Disorder (PTSD)

For additional information, take a look at the following resources:

Fact Sheet: Service Animals

Service Animal or Emotional Support Animal: What is the Difference?

What is a "reasonable accommodation"?

[Captioned Video – 1:46 min.]

Reasonable accommodation is any modification or adjustment to a job or the work environment that will enable an applicant or employee with a disability to participate in the application process or to perform essential job functions. Reasonable accommodation also includes adjustments to assure that an individual with a disability has rights and privileges in employment equal to those of employees without disabilities.

For additional information, take a look at the following resources:

FAQ: What is the process to request a reasonable accommodation in employment?

FAQ: What are the limitations on the obligation to make a reasonable accommodation?

Fact Sheet: Reasonable Accommodations in the Workplace

Is testing for the illegal use of drugs permissible under the ADA?

Yes. A test for the illegal use of drugs is not considered a medical examination under the ADA; therefore, employers may conduct such testing of applicants or employees and make employment decisions based on the results. The ADA does not encourage, prohibit, or authorize drug tests.

If the results of a drug test reveal the presence of a lawfully prescribed drug or other medical information, such information must be treated as a confidential medical record.

For additional information, take a look at the following resources:

FAQ: Are applicants or employees who are currently illegally using drugs protected by the ADA?

Fact Sheet: The ADA, Addiction, and Recovery

What are some of the accommodations applicants and employees may need?

Examples of reasonable accommodation include making existing facilities used by employees readily accessible to and usable by an individual with a disability; restructuring a job; modifying work schedules; acquiring or modifying equipment; providing qualified readers or interpreters; or appropriately modifying examinations, training, or other programs. Reasonable accommodation also may include reassigning a current employee to a vacant position for which the individual is qualified, if the person is unable to do the original job because of a disability even with an accommodation. However, there is no obligation to find a position for an applicant who is not qualified for the position sought. Employers are not required to lower quality or quantity standards as an accommodation; nor are they obligated to provide personal use items such as glasses or hearing aids.

The decision as to the appropriate accommodation must be based on the particular facts of each case. In selecting the particular type of reasonable accommodation to provide, the principal test is that of effectiveness, i.e., whether the accommodation will provide an opportunity for a person with a disability to achieve the same level of performance and to enjoy benefits equal to those of an average, similarly situated person without a disability. However, the accommodation does not have to ensure equal results or provide exactly the same benefits.

For additional information, take a look at the following resources:

FAQ: What funding assistance is available for removing barriers and accommodating customers with disabilities?

FAQ: What is considered an "undue hardship" for a reasonable accommodation?

Are people with alcohol use disorder protected by the ADA?

They may be. While a current illegal user of drugs is not protected by the ADA if an employer acts on the basis of such use, a person who currently uses alcohol is not automatically denied protection. Alcohol use disorder is an impairment, and if it substantially limits a major life activity (e.g., learning, concentrating, interacting with others, caring for oneself) it will constitute a disability. A person with alcohol use disorder may be person with a disability and protected by the ADA if they are qualified to perform the essential functions of the job. An employer may be required to provide an accommodation to a person with alcohol use disorder (e.g. a flexible schedule to enable the employee to attend counseling appointments).

However, an employer can discipline, discharge or deny employment to a person with alcohol use disorder whose use of alcohol adversely affects job performance or conduct. An employer also may prohibit the use of alcohol in the workplace and can require that employees not be under the influence of alcohol.

For additional information, take a look at the following resource:

FAQ: Is the Federal government covered by the ADA?

When is an employer required to make a reasonable accommodation?

An employer is only required to accommodate a "known" disability of a qualified applicant or employee. The requirement generally will be triggered by a request from an individual with a disability, who frequently will be able to suggest an appropriate accommodation. Accommodations must be made on an individual basis, because the nature and extent of a disabling condition and the requirements of a job will vary in each case. If the individual does not request an accommodation, the employer is not obligated to provide one except where an individual's known disability impairs his/her ability to know of, or effectively communicate a need for, an accommodation that is obvious to the employer. If a person with a disability requests, but cannot suggest, an appropriate accommodation, the employer and the individual should work together to identify one. There are also many public and private resources that can provide assistance without cost.

For additional information, take a look at the following resources:

Fact Sheet: Reasonable Accommodations in the Workplace

Fact Sheet: Mental Health Conditions in the Workplace and the ADA

Does the ADA override federal and state health and safety laws?

The ADA does not override health and safety requirements established under other federal laws even if a standard adversely affects the employment of an individual with a disability. If a standard is required by another federal law, an employer must comply with it and does not have to show that the standard is job related and consistent with business necessity.

For example, employers must conform to health and safety requirements of the U.S. Occupational Safety and Health Administration. However, an employer still has the obligation under the ADA to consider whether there are reasonable accommodations, consistent with the standards of other federal laws, that will prevent exclusion of qualified individuals with disabilities without violating the standards of those laws. If an employer can comply with both the ADA and another federal law, then the employer must do so.

The ADA does not override state or local laws designed to protect public health and safety, except where such laws conflict with ADA requirements. If there is a state or local law that would exclude an individual with a disability from a particular job or profession because of a health or safety risk, the employer still must assess whether a particular individual would pose a "direct threat" to health or safety under the ADA standard. If such a "direct threat" exists, the employer must consider whether it could be eliminated or reduced below the level of a "direct threat" by reasonable accommodation. An employer cannot rely on a state or local law that conflicts with ADA requirements as a defense to a charge of discrimination.

For additional information, take a look at the following resources:

FAQ: What is considered an "undue hardship" for a reasonable accommodation?

What are the limitations on the obligation to make a reasonable accommodation?

The individual with a disability requiring the accommodation must be otherwise qualified, and the disability must be known to the employer. In addition, an employer is not required to make an accommodation if it would impose an "undue hardship" on the operation of the employer's business. "Undue hardship" is defined as an "action requiring significant difficulty or expense" when considered in light of a number of factors. These factors include the nature and cost of the accommodation in relation to the size, resources, nature, and structure of the employer's operation. Undue hardship is determined on a case-by-case basis. Where the facility making the accommodation is part of a larger entity, the structure and overall resources of the larger organization would be considered, as well as the financial and administrative relationship of the facility to the larger organization. In general, a larger employer with greater resources would be expected to make accommodations requiring greater effort or expense than would be required of a smaller employer with fewer resources.

For additional information, take a look at the following resources:

FAQ: When barrier removal is not readily achievable, what kinds of alternative steps are required by the ADA?

How do workers' compensation programs and the ADA overlap?

Only injured workers who meet the ADA's definition of an "individual with a disability" will be considered disabled under the ADA, regardless of whether they satisfy criteria for receiving benefits under workers' compensation or other disability laws. A worker also must be "qualified, " with or without reasonable accommodation, in order to be protected by the ADA. Work-related injuries do not always cause physical or mental impairments severe enough to "substantially limit" a major life activity. Many on-the-job injuries cause temporary impairments which heal within a short period of time with little or no long-term or permanent impact. Therefore, many injured workers who qualify for benefits under workers' compensation or other disability benefits laws may not be protected by the ADA. An employer must consider work-related injuries on a case-by-case basis to know if a worker is protected by the ADA. Note that some states may have different recognition of "disability," "temporary disability" and who might receive workers' compensation benefits. It likely would be beneficial to speak with the state Department of

An employer may not inquire into an applicant's workers' compensation history before making a conditional offer of employment. After making a conditional job offer, an employer may inquire about a person's workers compensation history in a medical inquiry or examination that is required of all applicants in the same job category. However, even after a conditional offer has been made, an employer cannot require a potential employee to have a medical examination solely because they learn of past workers' compensation injuries. Also, an employer may not base a decision to hire based on an applicant's workers' compensation history. However, an employer may refuse to hire, or may discharge an individual, who is not currently able to perform a job without posing a significant risk of substantial harm to the health or safety of the individual or others, if the risk cannot be eliminated or reduced by reasonable accommodation.

An employer may refuse to hire or may fire a person who knowingly provides a false answer to a lawful post-conditional job offer inquiry about his or her condition or workers' compensation history.

An employer also may submit medical information and records concerning employees and applicants (obtained after a conditional job offer) to state workers' compensation offices and "second injury" funds without violating ADA and HIPAA confidentiality requirements.

For additional information, take a look at the following resources:

FAQ: What is the definition of disability under the ADA?

FAQ: What are my employer’s obligations after I return from medical leave? (What kind of documentation can the employer ask for when I return from medical leave?)

Must an employer modify existing facilities to make them accessible?

The employer's obligation under Title I is to provide access for an individual applicant to participate in the job application process, and for an individual employee with a disability to perform the essential functions of his/her job, including access to a building, to the work site, to needed equipment, and to all facilities used by employees. For example, if an employee lounge is located in a place inaccessible to an employee using a wheelchair, the lounge might be modified or relocated, or comparable facilities might be provided in a location that would enable the individual to take a break with co-workers. The employer must provide such access unless it would cause an undue hardship.

Under Title I, an employer is not required to make its existing facilities accessible until a particular applicant or employee with a particular disability needs an accommodation, and then the modifications should meet that individual's work needs. However, employers should consider initiating changes that will provide general accessibility, particularly for job applicants, since it is likely that people with disabilities will be applying for jobs. The employer does not have to make changes to provide access in places or facilities that will not be used by that individual for employment-related activities or benefits.

For additional information, take a look at the following resources:

FAQ: Can an employer be required to modify, adjust, or make other reasonable accommodations in the way a test is given to an applicant or employee with a disability?

What is discrimination based on "relationship or association" under the ADA?

The ADA prohibits discrimination based on relationship or association in order to protect individuals from actions based on assumptions that their relationship to a person with a disability would affect their job performance, and from actions caused by bias or misinformation concerning certain disabilities. For example, this provision would protect a person whose child has a disability from being denied employment because of an employer's assumption that the applicant would be unreliable, using excessive leave, to care for the child. Employees may still be held to the same conduct and standards as all others, and can be expected to complete work as usual. The employer is not obligated to provide reasonable accommodations related to the child, given that it is not the employee with the disability.

The relationship or association provision also protects an individual who is affiliated with a specific disability-related organization For example, if the employee volunteers at an HIV clinic, they would be protected under the ADA from a discriminatory employment action motivated by that relationship or association with the volunteer organization.

For additional information, take a look at the following resources:

FAQ: Who is protected from employment discrimination?

FAQ: What is the definition of disability under the ADA?

FAQ: What is the definition of disability under ADA?

Who is protected from employment discrimination?

Employment discrimination is prohibited against individuals with disabilities. This includes applicants for employment and employees. An individual is considered to have a "disability" if s/he has a physical or mental impairment that substantially limits a major life activity, has a record of such an impairment, or is regarded as having such an impairment. Persons discriminated against because they have a known association or relationship with an individual with a disability also are protected.

The first part of the definition makes clear that the ADA applies to persons who have impairments and that these must substantially limit major life activities. There are two non-exhaustive lists of examples of major life activities: caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, interacting with others, and working.

Major life activities also include the operation of major bodily functions, including functions of the immune system, special sense organs and skin, normal cell growth, digestive, genitourinary, bowel, bladder, neurological, brain, respiratory, circulatory, cardiovascular, endocrine, hemic, lymphatic, musculoskeletal, and reproductive functions.

Examples of specific impairments that should easily be concluded to be disabilities include: deafness, blindness, intellectual disability, partially or completely missing limbs, mobility impairments, autism, cancer, cerebral palsy, diabetes, epilepsy, HIV infection, multiple sclerosis, muscular dystrophy, major depressive disorder, bipolar disorder, post-traumatic stress disorder, obsessive-compulsive disorder, and schizophrenia.

The second part of the definition protecting individuals with a record of a disability would cover, for example, a person who has recovered from cancer or mental illness.

Under the third part of the definition, a covered entity has regarded an individual as having a disability if it takes an action prohibited by the ADA (e.g., failure to hire, termination, or demotion) based on an individual’s impairment or on an impairment the covered entity believes the individual has, unless the impairment is transitory (lasting or expected to last for six months or less) and minor.

For additional information, take a look at the following resources:

FAQ: What does “regarded as” having a disability mean?

FAQ: What does a “record of” a disability mean?

FAQ: What is discrimination based on "relationship or association" under the ADA?

FAQ: Can an employer be required to reallocate an essential function of a job to another employee as a reasonable accommodation?

[Captioned Video – 1:43 min.]

For additional information, take a look at the following resources:

FAQ: Can an employer maintain existing production/performance standards for an employee with a disability?

What kinds of auxiliary aids and services are required by the ADA to ensure effective communication with individuals with hearing or vision impairments?

Appropriate auxiliary aids and services for individuals with hearing loss may include:

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:

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.

For additional information, take a look at the following resources:

FAQ: What funding assistance is available for individuals with disabilities to purchase assistive devices, ramps, etc.?

Fact Sheet: Effective Communication

Does an employer have to give preference to an applicant with a disability over other applicants?

No. An employer is free to select the most qualified applicant available and to make decisions based on reasons unrelated to a disability. For example, suppose two persons apply for a job as a typist and an essential function of the job is to type 75 words per minute accurately. One applicant, an individual with a disability, who is provided with a reasonable accommodation for a typing test, types 50 words per minute; the other applicant who has no disability accurately types 75 words per minute. The employer can hire the applicant with the higher typing speed, if typing speed is needed for successful performance of the job.

For additional information, take a look at the following resources:

FAQ: Does the ADA require that an applicant or employee with a disability be qualified for the position?

Fact Sheet: Reasonable Accommodations in the Workplace

What is the definition of a wheelchair under the ADA?

For additional information, take a look at the following resources:

Fact Sheet: The ADA & Accessible Ground Transportation

Fact Sheet: Wheelchairs and Other Power-Driven Mobility Devices

What is another power-driven mobility device (OPDMD)?

For additional information, take a look at the following resources:

Fact Sheet: Wheelchairs and other Power-Driven Mobility Devices

Fact Sheet: The ADA & Accessible Ground Transportation

FAQ: What is considered an “undue hardship” for reasonable accommodation?

It means "easily accomplishable and able to be carried out without much difficulty or expense."

For additional information, take a look at the following resources:

FAQ: When barrier removal is not readily available, what kinds of alternative steps are required by the ADA?

FAQ: Must alternative steps be taken without regard to cost?

Must alternative steps be taken without regard to cost?

No, only readily achievable alternative steps must be undertaken.

For additional information, take a look at the following resources:

FAQ: When barrier removal is not readily achievable, what kinds of alternative steps are required by the ADA?

FAQ: What is considered an “undue hardship” for a reasonable accommodation?

Is it expensive to make all newly constructed places of public accommodation and commercial facilities accessible?

For additional information, take a look at the following resource:

FAQ: Where can I find a complete set of ADA standards for accessible design?

What are the ADA requirements for altering facilities?

When alterations are made to a primary function area, such as the lobby of a bank or the dining area of a cafeteria, an accessible path of travel to the altered area must also be provided.

See the 2010 ADA Standards for Accessible Design for more information regarding alterations: https://www.ada.gov/regs2010/2010ADAStandards/2010ADAstandards.htm

For additional information, take a look at the following resources:

FAQ: Is my building "grandfathered in" under the older 1991 ADA Standards for Accessible Design or do I need to comply with the 2010 ADA Standards?

FAQ: If I am doing a renovation on a hotel, how many guest rooms need to be accessible?

Fact Sheet: Overview of the 2010 Standards for Accessible Design

Which employers are covered by title I of the ADA?

The title I employment provisions apply to private employers with 15 or more employees, state and local governments, employment agencies, labor unions, agents of the employer and joint management labor committees.

For additional information, take a look at the following resources:

FAQ: Are all people who have disabilities covered by the ADA?

What practices and activities are covered by the employment nondiscrimination requirements?

The ADA prohibits discrimination in all employment practices, including job application procedures, hiring, firing, advancement, compensation, training, and other terms, conditions, and privileges of employment. It applies to recruitment, advertising, tenure, layoff, leave, fringe benefits, and all other employment-related activities.

For additional information, take a look at the following resources:

FAQ: Who is protected from employment discrimination?

FAQ: Does the ADA permit an individual with a disability to sue a business when that individual believes that discrimination is about to occur, or must the individual wait for the discrimination to occur?

FAQ: What is discrimination based on "relationship or association" under the ADA?

People with Disabilities (45)

How many people in the United States have a disability?

According to the Survey of Income and Program Participation (SIPP) data, approximately 54 million Americans have a disability.

For additional information, take a look at the following resource:

FAQ: What is the definition of disability under the ADA?

What funding assistance is available for individuals with disabilities to purchase assistive devices, ramps, etc.?

Medicare, Medicaid, private health or disability insurance, and Worker’s Compensation may pay for some assistive technology. Funding sources often require a statement of medical necessity for the product or equipment and a prescription from a doctor or other health professional. Public educational institutions may have funding for assistive technologies needed to meet educational goals. State vocational rehabilitation agencies may provide assistive technology for their clients when it is needed to achieve vocational goals. Many states have programs to provide adaptive telecommunications equipment for deaf and hard of hearing individuals and others who need adaptive equipment for telecommunications. For more information about funding assistive technology, contact your state’s Assistive Technology Act Program. A list of these programs can be found at https://www.at3center.net/state-at-programs.

For home modifications, such as installing ramps or renovating bathrooms, funds may be available through vocational rehabilitation agencies, local independent living centers, and local volunteer organizations that offer labor or materials for construction. To find contact information for your local center for independent living visit https://www.ilru.org/.

Veterans with disabilities may receive assistance for improvements necessary to make a home and essential lavatory and sanitary facilities accessible under the Home Improvements and Structural Alterations (HISA) program. A HISA grant from the U.S. Department of Veterans Affairs is available to Veterans who have received a medical determination indicating that improvements and structural alterations are necessary or appropriate for the effective treatment of his/her disability. The HISA program is available for both service-connected Veterans and non-service-connected Veterans.

Home improvement benefits up to $6,800 may be provided for a:

service-connected condition
non-service-connected condition of a Veteran rated 50 percent or more service-connected

Home improvement benefits up to $2,000 may be provided to all other Veterans registered in the VA health care system. The prosthetics department of the VA may also donate lifting equipment such as chairlifts or vertical porch lifts. To learn more about the program, visit https://www.prosthetics.va.gov/HISA2.asp.

For additional information, take a look at the following resources:

FAQ: Does the ADA cover private apartments and private homes?

For additional information, take a look at the following resources:

When did the ADA become a law?

Additional information on the history and background on the law is available on the U.S. Department of Justice’s Civil Rights Division website at: https://www.ada.gov/2010_regs.htm.

For additional information, take a look at the following resources:

What is the American’s with Disabilities Act (ADA)?

I heard there is a new ADA?

For additional information, take a look at the following resources:

Fact Sheet: An Employee View of the Changes from the ADA Amendments Act

What kind of law is the ADA?

For additional information, take a look at the following resources:

FAQ: What is the definition of disability under the ADA?

FAQ: What is the definition of disability under the ADA?

As long as I meet the ADA definition of disability, am I covered by Title I?

Not necessarily. Because Title I is about employment, a person must meet the definition of disability and must also be qualified for the job. There are two components to being qualified. First, you need to have the skill, experience, education, and other job-related requirements for the position. For example, it’s legal for an employer to require that a person applying for the job of a foreign language translator be able to translate a foreign language.

The other component of being qualified, in terms of employment, is that you must be able to perform the essential functions of the job, with or without reasonable accommodation. In other words, getting a reasonable accommodation could make you qualified for the job. For example, a person who is deaf may be qualified to the perform the essential functions of a customer service representative once s/he receives the opportunity to use a video relay service and specialized computer software as a reasonable accommodation.

For additional information, take a look at the following resources:

Fact Sheet: Reasonable Accommodations in the Workplace

What is the definition of disability under the ADA?

For additional information, take a look at the following resources:

Fact Sheet: How is Disability Defined in the Americans With Disabilities Act?

FAQ: What does “regarded as” having a disability mean?

FAQ: What does a “record of” having a disability mean?

FAQ: What is the definition of disability under the ADA?

What do you mean by "association with a person with a disability"?

For example, if I do not have a disability, but I work in an HIV clinic, it would not be legal for someone to discriminate against me based on the fact that I work with, or “associate” with, people who have HIV.

For additional information, take a look at the following resources:

FAQ: What does “regarded as” having a disability mean?

FAQ: What is the definition of disability under the ADA?

For additional information, take a look at the following resources:

FAQ: What does “regarded as” having a disability mean?

FAQ: Can you give me an example of someone who is “regarded as” having a disability?

“Regarded as” means that the person either:

Has an impairment that does not substantially limit a major life activity;
Has an impairment that substantially limits a major life activity only as a result of the attitudes of others toward them; or
Does not have any impairment, but is treated by an entity as having an impairment.

For additional information, take a look at the following resources:

FAQ: Who is protected from employment discrimination?

FAQ: What is the definition of disability under the ADA?

Can you give me an example of someone who is "regarded as" having a disability?

For additional information, take a look at the following resource:

Fact Sheet: What is the definition of disability under the ADA?

Are all people who have disabilities covered by the ADA?

For additional information, take a look at the following resources:

FAQ: What does "regarded as" having a disability mean?

FAQ: What is the definition of disability under the ADA?

What are my employer's obligations after I return from medical leave? (What kind of documentation can the employer ask for when I return from medical leave?)

An employee with a disability who has been granted medical leave under the ADA may return to the same job unless the employer demonstrates that holding the job open would cause undue hardship to the business or organization. If an employer has the reasonable belief that an employee will be unable to continue performing essential job functions, or will pose a significant risk to the health or safety of their self or other employees due to a medical condition, the employer may make disability-related inquiries or require the employee to have a medical examination. Any inquiry or examination must be limited to what is needed to assess the employee's ability to work. The employer may not use the employee's leave as a justification for making unrelated inquiries or requiring an unrelated medical examination.

An employee may have also been granted medical leave under the Family Medical Leave Act (FMLA). In this case, an employee has a right to return to the same or similar job after his/her leave has expired. The FMLA allows employers to require a return-to-work certification from a health provider for all medical leaves, as long as the same requirement is applied to all employees with similar job positions who are returning from leave, not just those on FMLA leave.

The FMLA and the ADA both require a covered employer to grant medical leave to an employee in certain circumstances. For more information go to: http://www.eeoc.gov/policy/docs/fmlaada.html.

For additional information, take a look at the following resources:

FAQ: What is considered an “undue hardship” for a reasonable accommodation?

Fact Sheet: Work-leave, the ADA, and the FMLA

FAQ: What is the definition of disability under the ADA?

Yes, the ADA definition of disability includes mental, as well as physical, impairments.

For additional information, take a look at the following resources:

FAQ: What does "regarded as" having a disability mean?

What are a public or private college-university's responsibilities to students with disabilities?

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: https://www2.ed.gov/about/offices/list/ocr/transition.html
Auxiliary Aids and Services for Postsecondary Students with Disabilities: https://www2.ed.gov/about/offices/list/ocr/docs/auxaids.html

For additional information, take a look at the following resources:

Fact Sheet: Postsecondary Institutions and Students with Disabilities

Taking a Service Animal to School

What if a service animal barks or growls at other people, or otherwise acts out of control?

If a service animal is removed from the premises, the individual with a disability must still be offered the opportunity to obtain goods, services, and accommodations.

For additional information, take a look at the following resources:

Service Animals, Small Business, and Other Public Accommodations

FAQ: What are some common misconceptions about service animals?

I heard that miniature horses are considered to be service animals by the ADA. Is this true?

Factors to assist in determining whether miniature horses can be accommodated are whether:

the miniature horse is housebroken
the miniature horse is under the owner’s control
the facility can accommodate the miniature horse’s type, size, and weight
the miniature horse’s presence will not compromise legitimate safety requirements necessary for the safe operation of the facility

For additional information, take a look at the following resources:

Service Animals, Small Business, and Other Public Accommodations

FAQ: What are the limitations on the obligation to make a reasonable accommodation?

What is the process to request a reasonable accommodation in employment?

Example B: A new employee, who uses a wheelchair, informs the employer that her wheelchair cannot fit under the desk in her office. This is a request for reasonable accommodation.

For additional information, take a look at the following resources:

FAQ: How is the term “readily achievable” determined in a multi site business?

FAQ: When barrier removal is not readily achievable, what kinds of alternative steps are required by the ADA?

Fact Sheet: Reasonable Accommodations in the Workplace

Fact Sheet: Small Business and ADA Readily Achievable Requirements

What are the compliance dates mandated by the new 2010 ADA Standards?

For businesses that are covered under Title III, the compliance date for the 2010 ADA Standards for new construction and alterations is determined by:

the date the last application for a building permit or permit extension is certified to be complete by a State, county, or local government;
the date the last application for a building permit or permit extension is received by a State, county, or local government, where the government does not certify the completion of applications; or
the start date of physical construction or alteration, if no permit is required.

If that date is on or after March 15, 2012, then new construction and alterations must comply with the 2010 ADA Standards.

Source: http://www.ada.gov/revised_effective_dates-2010.htm.

For additional information, take a look at the following resources:

FAQ: Is my building "grandfathered in" under the older 1991 ADA Standards for Accessible Design or do I need to comply with the 2010 ADA Standards?

FAQ: What does the ADA require in new construction?

Fact Sheet: Opening Doors to Everyone

What, if any, are the specific disabilities that are covered under the ADA Title I employment regulations?

For additional information, take a look at the following resources:

FAQ: What is the definition of disability under the ADA?

How can I file an ADA complaint with the U.S. Department of Justice?

You can file an ADA complaint alleging disability discrimination against a state or local government (Title II) or a public accommodation (Title III - including, for example, a restaurant, doctor's office, retail store, hotel, etc.) online, by mail, or fax.

Online Complaint Form for Titles II and III (fill out and submit through website)

Title II State and Local Government Complaint Form (print and mail or fax)

Title III Public Accommodation Complaint Information (mail or fax a letter)

Include the following:

Your name, address, email, the telephone number. The name of the party discriminated against (if other than you).
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 in known.
Other information that you believe necessary to support your complaint. Please send copies of relevant documents. Do not send original documents. (Retain them.)
How to communicate with you effectively; for example if you want written communications in a specific format (e.g., large print, Braille, e-mail, or other electronic documents) or require communications by video phone or TTY.

Email:

Send your complaint to the following e-mail address: ada.complaint@usdoj.gov.
Fax: (202) 307-1197

Mail:

To file a complaint using by mail, send your complaint form to the following address:
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Civil Rights Division
Disability Rights Section – 1425 NYAV
Washington, D.C. 20530

If you are unable to write because of your disability and are unable to submit a complaint online, by mail, or fax, the Department can assist you by scribing your complaint by phone or, for individuals who communicate by American Sign Language, by videophone. Contact the ADA Information Line at 1-800-514-0301 (voice) or 1-800-514-0383 (TTY) to schedule an appointment. It may take two weeks or more for Department staff to contact you.

Please note that Title I employment complaints should be filed with 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: www.eeoc.gov/employees/howtofile.cfm

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

For additional information, take a look at the following resources:

Federal ADA Regulations and Standards

Where can I find a lawyer to represent me for free if I have a complaint or need consultation?

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 - https://www.ndrn.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 https://www.americanbar.org/ , or call 1-800-285-2221

For additional information, take a look at the following resources:

Online Form for Training Requests

What resources does the Equal Employment Opportunity Commission have available to help employers and people with disabilities understand and comply with the employment requirements of the ADA?

EEOC has developed several resources to help employers and people with disabilities understand and comply with the employment provisions of the ADA. These resources are all available online.

Resources include:

A Technical Assistance Manual that provides "how-to" guidance on the employment provisions of the ADA as well as a resource directory to help individuals find specific information.

A variety of brochures, books.

A phone line with specialists at EEOC headquarters to answer questions and availability of local field offices

What is a service animal?

Examples of service animal tasks include:

--Guiding a person who is blind.

--Pulling a wheelchair.

--Alerting a person who has a seizure disorder.

--Providing physical support and assistance with balance and stability.

--Assisting persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors

--Providing a safety check or a room search for a person with Post Traumatic Stress Disorder (PTSD)

For additional information, take a look at the following resources:

Fact Sheet: Service Animals

Service Animal or Emotional Support Animal: What is the Difference?

How are the employment provisions enforced?

For additional information, take a look at the following resources:

Fact Sheet: ADANN Services

FAQ: Does the ADA require that an applicant or employee with a disability be qualified for the position?

Does the ADA require that an employer post a notice explaining its requirements?

For additional information, take a look at the following resources:

Fact Sheet: Reasonable Accomodations in the Workplace

Does the ADA permit an individual with a disability to sue a business when that individual believes that discrimination is about to occur, or must the individual wait for the discrimination to occur?

For additional information, take a look at the following resources:

FAQ: Who is protected from employment discrimination?

FAQ: What is the definition of disability under the ADA?

How will the public accommodations provisions be enforced?

For additional information, take a look at the following resources:

FAQ: How can I file an ADA complaint with the U.S. Department of Justice?

What kinds of auxiliary aids and services are required by the ADA to ensure effective communication with individuals with hearing or vision impairments?

Appropriate auxiliary aids and services for individuals with hearing loss may include:

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:

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.

For additional information, take a look at the following resources:

FAQ: What funding assistance is available for individuals with disabilities to purchase assistive devices, ramps, etc.?

Fact Sheet: Effective Communication

Does the ADA cover air transportation?

Discrimination by air carriers in areas other than employment is not covered by the ADA but rather by the Air Carrier Access Act (49 U.S.C. 1374 (c)).

For additional information, take a look at the following resources:

Passengers with Disabilities – About the Air Carriers Access Act Source: U. S. Department of Transportation

Air Carrier Accscess Act

Flying with a Service Animal

What is the definition of a wheelchair under the ADA?

For additional information, take a look at the following resources:

Fact Sheet: The ADA & Accessible Ground Transportation

Traveling with a Service Animal

Fact Sheet: Wheelchairs and Other Power-Driven Mobility Devices

What are the ADA's requirements for public transit buses?

The Department of Transportation has issued regulations mandating accessible public transit vehicles and facilities. The regulations include requirements that all new fixed-route, public transit buses be accessible and that supplementary paratransit services be provided for those individuals with disabilities who cannot use fixed-route bus service.

49 CFR Part 38 – Americans with Disabilities Act Accessibility Specifications for Transportation Vehicles
https://www.law.cornell.edu/cfr/text/49/part-38
49 CFR Part 37-Transportation Services for Individuals with Disabilities (ADA)
https://www.law.cornell.edu/cfr/text/49/part-37

For additional information, take a look at the following resources:

What is another power-driven mobility device (OPDMD)?

For additional information, take a look at the following resources:

FAQ: What kinds of auxiliary aids and services are offered by the ADA to ensure effective communication with individuals with hearing or vision impairments?

Fact Sheet: Wheelchairs and other Power-Driven Mobility Devices

Fact Sheet: The ADA & Accessible Ground Transportation

How will the ADA make telecommunications accessible?

[Captioned Video – 1:48 min.]

The ADA required the establishment of telephone relay services for individuals who use teletypewriters (TTYs, also known as telecommunications devices for deaf persons or TDDs) or similar devices. The Federal Communications Commission has issued regulations specifying standards for the operation of these services.

On October 8, 2010, President Obama signed the Twenty-First Century Communications and Video Accessibility Act (CVAA) into law. The CVAA updates federal communications law to increase the access of persons with disabilities to modern communications. The CVAA makes sure that accessibility laws enacted in the 1980s and 1990s are brought up to date with 21st century technologies, including new digital, broadband, and mobile innovations.

21^st Century Communications and Accessibility Act (CVAA)

Web Link: https://www.fcc.gov/consumers/guides/21st-century-communications-and-video-accessibility-act-cvaa.

For additional information, take a look at the following resources:

Fact Sheet: Effective Communication

FAQ: What is considered an “undue hardship” for reasonable accommodation?

It means "easily accomplishable and able to be carried out without much difficulty or expense."

For additional information, take a look at the following resources:

FAQ: When barrier removal is not readily available, what kinds of alternative steps are required by the ADA?

FAQ: Must alternative steps be taken without regard to cost?

How are the ADA's requirements for State and local governments enforced?

Individuals may bring lawsuits to enforce their rights under title II and may receive remedies such as reasonable attorney's fees. Individuals may also file complaints with one of eight designated Federal agencies. Complaints may always be filed with the Department of Justice, which will refer the complaint to the appropriate agency.

For additional information, take a look at the following resources:

FAQ: How can I file an ADA complaint with the U.S. Department of Justice?

FAQ: When barrier removal is not readily achievable, what kinds of alternative steps are required by the ADA?

Will businesses need to rearrange furniture and display racks?

Possibly. For example, restaurants may need to rearrange tables and department stores may need to adjust their layout of racks and shelves in order to permit access to wheelchair users.

For additional information, take a look at the following resources:

FAQ: What is the definition of disability under ADA?

Who is protected from employment discrimination?

The second part of the definition protecting individuals with a record of a disability would cover, for example, a person who has recovered from cancer or mental illness.

For additional information, take a look at the following resources:

FAQ: What does “regarded as” having a disability mean?

FAQ: What does a “record of” a disability mean?

FAQ: What is discrimination based on "relationship or association" under the ADA?

When barrier removal is not readily achievable, what kinds of alternative steps are required by the ADA?

Alternatives may include such measures as in-store assistance for removing articles from inaccessible shelves, home delivery of groceries, or coming to the door to receive or return dry cleaning.

For additional information, take a look at the following resources:

FAQ: How is “readily achievable” determined in a multi site business?

FAQ: What funding assistance is available for removing barriers and accommodating customers with disabilities?

Fact Sheet: Small Business and ADA Readily Achievable Requirements

FAQ: Can an employer be required to reallocate an essential function of a job to another employee as a reasonable accommodation?

[Captioned Video – 1:43 min.]

For additional information, take a look at the following resources:

FAQ: Can an employer maintain existing production/performance standards for an employee with a disability?

Must alternative steps be taken without regard to cost?

No, only readily achievable alternative steps must be undertaken.

For additional information, take a look at the following resources:

FAQ: When barrier removal is not readily achievable, what kinds of alternative steps are required by the ADA?

FAQ: What is considered an “undue hardship” for a reasonable accommodation?

Does an employer have to give preference to an applicant with a disability over other applicants?

For additional information, take a look at the following resources:

FAQ: Does the ADA require that an applicant or employee with a disability be qualified for the position?

Fact Sheet: Reasonable Accommodations in the Workplace

Is it expensive to make all newly constructed places of public accommodation and commercial facilities accessible?

For additional information, take a look at the following resource:

FAQ: Where can I find a complete set of ADA standards for accessible design?

What are the ADA requirements for altering facilities?

When alterations are made to a primary function area, such as the lobby of a bank or the dining area of a cafeteria, an accessible path of travel to the altered area must also be provided.

See the 2010 ADA Standards for Accessible Design for more information regarding alterations: https://www.ada.gov/regs2010/2010ADAStandards/2010ADAstandards.htm

For additional information, take a look at the following resources:

FAQ: Is my building "grandfathered in" under the older 1991 ADA Standards for Accessible Design or do I need to comply with the 2010 ADA Standards?

FAQ: If I am doing a renovation on a hotel, how many guest rooms need to be accessible?

Fact Sheet: Overview of the 2010 Standards for Accessible Design

State and Local Government (45)

FAQ: What is the definition of disability under the ADA?

Yes, the ADA definition of disability includes mental, as well as physical, impairments.

For additional information, take a look at the following resources:

FAQ: What does "regarded as" having a disability mean?

How many people in the United States have a disability?

According to the Survey of Income and Program Participation (SIPP) data, approximately 54 million Americans have a disability.

For additional information, take a look at the following resource:

Do the revised ADA Regulations that went into effect on March 15, 2011 require the city or state government to create or update a self-evaluation and transition plan?

The revised ADA Title II regulations do not require state or local government entities to do a new or updated self-evaluation or transition plan. However, the Department of Justice urges state or local governments to establish procedures for an ongoing assessment of their compliance with the ADA's obligation to ensure all programs are readily accessible to and usable by people with disabilities (http://www.ada.gov/pcatoolkit/toolkitmain.htm ). Regularly updating the self-evaluations and transition plans can help government entities monitor their compliance and stay on track with making changes to improve accessibility.

If a state and local government entity has not yet conducted a self-evaluation, it is recommended that they do so to identify any barriers to its programs, activities and services. A self-evaluation helps government entities identify areas of non-compliance and develop specific strategies to bring all policies and practices into compliance. Areas include but are not limited to:

structural changes needed to provide access to programs, activities and services;
policy modifications to ensure nondiscrimination; and
providing public notice that includes (i) explanation of the application of the ADA to the state and local governments programs, activities, and services; (ii) contact information for the employee who is designated to address ADA compliance issues; and (iii) information on the grievance procedure.

The self-evaluation plan should identify strategies to remove barriers, prioritize strategies, and provide a timeline for implementation. As new programs, activities and services are developed, it is important to review facilities to ensure compliance with the 2010 ADA Standards.

For additional information, take a look at the following resource:

FAQ: What is a self-evaluation?

For additional information, take a look at the following resources:

FAQ: Is my building "grandfathered in" under the older 1991 ADA Standards for Accessible Design or do I need to comply with the 2010 ADA Standards?

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

For additional information, take a look at the following resources:

Fact Sheet: Accessible Lodging

I heard there is a new ADA?

For additional information, take a look at the following resources:

Fact Sheet: An Employee View of the Changes from the ADA Amendments Act

What is the American’s with Disabilities Act (ADA)?

What types of accessible means of entry are required for swimming pools under the 2010 ADA Standards?

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

For additional information, take a look at the following resources:

FAQ: Where can I find a complete set of ADA standards for accessible design?

When did the ADA become a law?

Additional information on the history and background on the law is available on the U.S. Department of Justice’s Civil Rights Division website at: https://www.ada.gov/2010_regs.htm.

For additional information, take a look at the following resources:

FAQ: What is the definition of disability under the ADA?

What kind of law is the ADA?

For additional information, take a look at the following resources:

FAQ: What does “regarded as” having a disability mean?

What is the definition of disability under the ADA?

For additional information, take a look at the following resources:

Fact Sheet: How is Disability Defined in the Americans With Disabilities Act?

FAQ: What does a “record of” having a disability mean?

FAQ: What is the definition of disability under the ADA?

For additional information, take a look at the following resources:

FAQ: What does “regarded as” having a disability mean?

FAQ: Can you give me an example of someone who is “regarded as” having a disability?

“Regarded as” means that the person either:

Has an impairment that does not substantially limit a major life activity;
Has an impairment that substantially limits a major life activity only as a result of the attitudes of others toward them; or
Does not have any impairment, but is treated by an entity as having an impairment.

For additional information, take a look at the following resources:

FAQ: Who is protected from employment discrimination?

FAQ: What is the definition of disability under the ADA?

Are all people who have disabilities covered by the ADA?

For additional information, take a look at the following resources:

FAQ: What does "regarded as" having a disability mean?

FAQ: What is the definition of disability under the ADA?

FAQ: What is the definition of disability under the ADA?

What, if any, are the specific disabilities that are covered under the ADA Title I employment regulations?

For additional information, take a look at the following resources:

What if a service animal barks or growls at other people, or otherwise acts out of control?

If a service animal is removed from the premises, the individual with a disability must still be offered the opportunity to obtain goods, services, and accommodations.

For additional information, take a look at the following resources:

Service Animals, Small Business, and Other Public Accommodations

FAQ: What are some common misconceptions about service animals?

I heard that miniature horses are considered to be service animals by the ADA. Is this true?

Factors to assist in determining whether miniature horses can be accommodated are whether:

the miniature horse is housebroken
the miniature horse is under the owner’s control
the facility can accommodate the miniature horse’s type, size, and weight
the miniature horse’s presence will not compromise legitimate safety requirements necessary for the safe operation of the facility

For additional information, take a look at the following resources:

Service Animals, Small Business, and Other Public Accommodations

FAQ: Where can I find a complete set of ADA standards for accessible design?

What standards apply to newly constructed and altered facilities covered by the ADA?

For additional information, take a look at the following resources:

What are the compliance dates mandated by the new 2010 ADA Standards?

For businesses that are covered under Title III, the compliance date for the 2010 ADA Standards for new construction and alterations is determined by:

the date the last application for a building permit or permit extension is certified to be complete by a State, county, or local government;
the date the last application for a building permit or permit extension is received by a State, county, or local government, where the government does not certify the completion of applications; or
the start date of physical construction or alteration, if no permit is required.

If that date is on or after March 15, 2012, then new construction and alterations must comply with the 2010 ADA Standards.

Source: http://www.ada.gov/revised_effective_dates-2010.htm.

For additional information, take a look at the following resources:

FAQ: Is my building "grandfathered in" under the older 1991 ADA Standards for Accessible Design or do I need to comply with the 2010 ADA Standards?

FAQ: What does the ADA require in new construction?

Fact Sheet: Opening Doors to Everyone

Is my building "grandfathered in" under the older 1991 ADA Standards for Accessible Design or do I need to comply with the 2010 ADA Standards?

For additional information, take a look at the following resources:

FAQ: Must an employer modify existing facilities to make them accessible?

FAQ: If I am altering or doing an addition to my building, can I still follow the older 1991 ADA Standards for Accessible Design or must I use the new 2010 ADA Standards?

What is a service animal?

Examples of service animal tasks include:

--Guiding a person who is blind.

--Pulling a wheelchair.

--Alerting a person who has a seizure disorder.

--Providing physical support and assistance with balance and stability.

--Assisting persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors

--Providing a safety check or a room search for a person with Post Traumatic Stress Disorder (PTSD)

For additional information, take a look at the following resources:

Fact Sheet: Service Animals

Service Animal or Emotional Support Animal: What is the Difference?

How will the public accommodations provisions be enforced?

For additional information, take a look at the following resources:

FAQ: How can I file an ADA complaint with the U.S. Department of Justice?

FAQ: How can I file an ADA complaint with the U.S. Department of Justice?

Does title II cover a public entity's employment policies and practices?

Yes. Title II prohibits all public entities, regardless of the size of their work force, from discriminating in the employment of individuals with disabilities.

For additional information, take a look at the following resources:

FAQ: How are the ADA’s requirements for State and local governments enforced?

What is the American’s with Disabilities Act?

Is the Federal government covered by the ADA?

The ADA does not cover the executive branch of the Federal government. The executive branch continues to be covered by title V of the Rehabilitation Act of 1973, which prohibits discrimination in services and employment on the basis of disability and which is a model for the requirements of the ADA. The ADA, however, does cover Congress and other entities in the legislative branch of the Federal government.

For additional information, take a look at the following resource:

Fact Sheet: An Overview of the Americans with Disabilities Act

How does title II affect participation in a State or local government's programs, activities, and services?

A state or local government must eliminate any eligibility criteria for participation in programs, activities, and services that screen out or tend to screen out persons with disabilities, unless it can establish that the requirements are necessary for the provision of the service, program, or activity. The State or local government may, however, adopt legitimate safety requirements necessary for safe operation if they are based on real risks, not on stereotypes or generalizations about individuals with disabilities. Finally, a public entity must reasonably modify its policies, practices, or procedures to avoid discrimination. If the public entity can demonstrate that a particular modification would fundamentally alter the nature of its service, program, or activity, it is not required to make that modification.

For additional information, take a look at the following resources:

FAQ: Does the ADA apply to State and local governments?

FAQ: When do the requirements for State and local governments become effective?

FAQ: How are the ADA’s requirements for State and local governments enforced?

What kinds of auxiliary aids and services are required by the ADA to ensure effective communication with individuals with hearing or vision impairments?

Appropriate auxiliary aids and services for individuals with hearing loss may include:

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:

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.

For additional information, take a look at the following resources:

FAQ: What funding assistance is available for individuals with disabilities to purchase assistive devices, ramps, etc.?

Fact Sheet: Effective Communication

What are the ADA's requirements for public transit buses?

For additional information, take a look at the following resources:

Traveling with a Service Animal

When do the requirements for State and local governments become effective?

In general, they became effective on January 26, 1992. Revised regulations published by the U.S. Department of Justice on September 15, 2010 covering state and local governments, became effective on March 15, 2011.

For additional information, take a look at the following resources:

What is the definition of a wheelchair under the ADA?

For additional information, take a look at the following resources:

Fact Sheet: The ADA & Accessible Ground Transportation

FAQ: What kinds of auxiliary aids and services are offered by the ADA to ensure effective communication with individuals with hearing or vision impairments?

Fact Sheet: Wheelchairs and Other Power-Driven Mobility Devices

How will the ADA make telecommunications accessible?

[Captioned Video – 1:48 min.]

21^st Century Communications and Accessibility Act (CVAA)

Web Link: https://www.fcc.gov/consumers/guides/21st-century-communications-and-video-accessibility-act-cvaa.

For additional information, take a look at the following resources:

Fact Sheet: Effective Communication

Does the ADA apply to State and local governments?

Yes. Title II of the ADA prohibits discrimination against qualified individuals with disabilities in all programs, activities, and services of public entities. It applies to all State and local governments, their departments and agencies, and any other instrumentalities or special purpose districts of State or local governments. This means that not only is a city or state government office covered, but also public schools, community colleges, city police departments, and public libraries. Title II also clarifies the requirements of section 504 of the Rehabilitation Act of 1973 for public transportation systems that receive Federal financial assistance, and extends coverage to all public entities that provide public transportation, whether or not they receive Federal financial assistance. It establishes detailed standards for the operation of public transit systems, including commuter and intercity rail (AMTRAK).

For additional information, take a look at the following resources:

FAQ: How does title II affect participation in a State or local government's programs, activities, and services?

Fact Sheet: An Overview of the Americans With Disabilities Act

What is another power-driven mobility device (OPDMD)?

For additional information, take a look at the following resources:

FAQ: How can I file an ADA complaint with the U.S. Department of Justice?

Fact Sheet: Wheelchairs and other Power-Driven Mobility Devices

Fact Sheet: The ADA & Accessible Ground Transportation

How are the ADA's requirements for State and local governments enforced?

For additional information, take a look at the following resources:

FAQ: Can an employer be required to reallocate an essential function of a job to another employee as a reasonable accommodation?

[Captioned Video – 1:43 min.]

For additional information, take a look at the following resources:

FAQ: Can an employer maintain existing production/performance standards for an employee with a disability?

FAQ: What is considered an “undue hardship” for reasonable accommodation?

It means "easily accomplishable and able to be carried out without much difficulty or expense."

For additional information, take a look at the following resources:

FAQ: When barrier removal is not readily available, what kinds of alternative steps are required by the ADA?

FAQ: Must alternative steps be taken without regard to cost?

What requirements apply to a public entity's emergency telephone services, such as 911?

[Captioned Video – 1:48 min.]

State and local agencies that provide emergency telephone services must provide "direct access" to individuals who rely on a teletypewriter (TTY, also known as a telecommunication device for deaf persons or TDD) or computer modem for telephone communication. Telephone access through a third party or through a relay service does not satisfy the requirement for direct access. Where a public entity provides 911 telephone service, it may not substitute a separate seven-digit telephone line as the sole means of access to 911 services by nonvoice users. However, a public entity may provide a separate seven-digit line for the exclusive use of nonvoice callers in addition to providing direct access for such calls to its 911 line.

What are examples of the types of physical modifications or barrier removal that would be readily achievable in most cases?

For additional information, take a look at the following resources:

FAQ: What is the process to request a reasonable accommodation in employment?

FAQ: Where can I find a complete set of ADA standards for accessible design?

Fact Sheet: Reasonable Accommodations in the Workplace

How will a State or local government know that a new building is accessible?

A State or local government will be in compliance with the ADA for new construction and alterations if it follows the 2010 ADA Standards for Accessible Design. Effective March 15, 2012 the 2010 ADA Standards must be used for new construction and alterations undertaken by state and local governments.

For additional information, take a look at the following resources:

Fact Sheet: Overview of the 2010 Standards for Accessible Design

Is it expensive to make all newly constructed places of public accommodation and commercial facilities accessible?

For additional information, take a look at the following resource:

FAQ: Where can I find a complete set of ADA standards for accessible design?

What does title II require for new construction and alterations?

Effective March 15, 2012, the ADA requires that all new construction or alterations by a state or local government be accessible as defined by the 2010 ADA Standards for Accessible Design.

Standards can be found here: https://www.ada.gov/2010ADAstandards_index.htm.

For additional information, take a look at the following resources:

FAQ: Where can I find a complete set of ADA standards for accessible design?

Fact Sheet: Open Doors to Everyone

Fact Sheet: Accessible Parking

What are the ADA requirements for altering facilities?

When alterations are made to a primary function area, such as the lobby of a bank or the dining area of a cafeteria, an accessible path of travel to the altered area must also be provided.

See the 2010 ADA Standards for Accessible Design for more information regarding alterations: https://www.ada.gov/regs2010/2010ADAStandards/2010ADAstandards.htm

For additional information, take a look at the following resources:

FAQ: Is my building "grandfathered in" under the older 1991 ADA Standards for Accessible Design or do I need to comply with the 2010 ADA Standards?

FAQ: If I am doing a renovation on a hotel, how many guest rooms need to be accessible?

Fact Sheet: Overview of the 2010 Standards for Accessible Design

What is a self-evaluation?

A self-evaluation is a public entity's assessment of everything, including its programs, services, and activities; facilities; and current policies, practice and procedures. The self-evaluation identifies and corrects barriers to access that are inconsistent with its title II requirements. All public entities should have completed a self-evaluation by January 26, 1993. A public entity that employs 50 or more employees must retain its self-evaluation for three years. Other public entities are not required to retain their self-evaluations, but are encouraged to do so because these documents support a public entity's good faith efforts to comply with its title II requirements.

For additional information, take a look at the following resources:

Fact Sheet: ADA Title II and Title III Regulation and Fact Sheet Series

FAQ: How will a State or local government know that a new building is accessible?

How does the ADA affect existing State and local building codes?

For additional information, take a look at the following resources:

FAQ: What does the ADA require in new construction?

When must structural changes be made to attain program accessibility?

Structural changes needed for program accessibility must be made as expeditiously as possible, and should have been made by January 26, 1995. A public entity that employs 50 or more persons must have developed a transition plan by July 26, 1992, setting forth the steps necessary to complete such changes.

For additional information, take a look at the following resource:

FAQ: What changes must a public entity make to its existing facilities to make them accessible?

What is the effect of certification of a State or local code or ordinance?

For additional information, take a look at the following resources:

FAQ: How does the ADA affect existing State and local building codes?

FAQ: Where can I find a complete set of ADA standards for accessible design?

FAQ: What should be applied to a situation when both the local or state code and the 2010 ADA Standards for Accessible Design need to be considered?

What changes must a public entity make to its existing facilities to make them accessible?

A public entity must ensure that individuals with disabilities can participate in its services, programs, and activities. A state or local government's programs, when viewed in their entirety, must be readily accessible to and usable by individuals with disabilities. This standard, known as "program accessibility," applies to all existing facilities of a public entity.

Public entities do not necessarily have to make each of their existing facilities accessible. Program access can be achieved through different methods including alteration of existing facilities, acquisition or construction of additional facilities, relocation of a service or program to an accessible facility, provision of services at alternate accessible sites, or change to a policy or procedure.

For additional information, take a look at the following resources:

FAQ: What are the ADA requirements for altering facilities?

FAQ: How do the 2010 changes to the ADA Standards for Accessible Design impact parking spaces that already exist?

FAQ: Is my building “grandfathered in” under the old 1991 ADA Standards for Accessible Design or do I need to comply with the 2010 ADA Standards?

Education (1)

What are a public or private college-university's responsibilities to students with disabilities?

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

For additional information, take a look at the following resources:

Fact Sheet: Postsecondary Institutions and Students with Disabilities

Taking a Service Animal to School

Employment (ADA Title I) (40)

What are my employer's obligations after I return from medical leave? (What kind of documentation can the employer ask for when I return from medical leave?)

The FMLA and the ADA both require a covered employer to grant medical leave to an employee in certain circumstances. For more information go to: http://www.eeoc.gov/policy/docs/fmlaada.html.

For additional information, take a look at the following resources:

FAQ: What is considered an “undue hardship” for a reasonable accommodation?

Fact Sheet: Work-leave, the ADA, and the FMLA

Does the ADA require that an applicant or employee with a disability be qualified for the position?

For additional information, take a look at the following resources:

FAQ: Can an employer be required to modify, adjust, or make other reasonable accomodations in the way a test is given to an applicant or employee with a disability?

What do you mean by "association with a person with a disability"?

For additional information, take a look at the following resources:

FAQ: What is the definition of disability under the ADA?

FAQ: What does “regarded as” having a disability mean?

What does a "record of" a disability mean?

For additional information, take a look at the following resources:

FAQ: What is the definition of disability under the ADA?

FAQ: Can you give me an example of someone who has a “record of” a disability without having a current disability?

Can you give me an example of someone who has a "record of" a disability without having a current disability?

For additional information, take a look at the following resources:

FAQ: What are my employer's obligations after I return from medical leave? (What kind of documentation can the employer ask for when I return from medical leave?)

FAQ: What is the definition of disability under the ADA?

Can you give me an example of someone who is "regarded as" having a disability?

For additional information, take a look at the following resource:

Fact Sheet: What is the definition of disability under the ADA?

As long as I meet the ADA definition of disability, am I covered by Title I?

For additional information, take a look at the following resources:

FAQ: What is the definition of disability under the ADA?

Fact Sheet: Reasonable Accommodations in the Workplace

What are the "essential functions" of a job?

[Captioned Video – 1:43 min.]

Essential functions are the basic job duties.

ADA Regulations say that the following things should be taken into consideration when determining whether a job function is essential:

The employer’s judgment about which functions are essential;
Job descriptions that were written before a job was posted;
The amount of time spent performing the function;
The consequences of not requiring the person to perform the function;
The terms of a collective bargaining agreement; and
The work experience of others who have had, or currently hold, the same or similar positions.

For additional information, take a look at the following resources:

FAQ: Can an employer be required to reallocate an essential function of a job to another employee as a reasonable accommodation?

Fact Sheet: Reasonable Accommodations in the Workplace

What is the process to request a reasonable accommodation in employment?

Example B: A new employee, who uses a wheelchair, informs the employer that her wheelchair cannot fit under the desk in her office. This is a request for reasonable accommodation.

For additional information, take a look at the following resources:

FAQ: What are the limitations on the obligation to make a reasonable accommodation?

FAQ: How is the term “readily achievable” determined in a multi site business?

FAQ: When barrier removal is not readily achievable, what kinds of alternative steps are required by the ADA?

Fact Sheet: Reasonable Accommodations in the Workplace

Fact Sheet: Small Business and ADA Readily Achievable Requirements

What is considered an "undue hardship" for a reasonable accommodation?

For additional information, take a look at the following resource:

Fact Sheet: Reasonable Accommodation in the Workplace

What is a "reasonable accommodation"?

[Captioned Video – 1:46 min.]

For additional information, take a look at the following resources:

FAQ: What is the process to request a reasonable accommodation in employment?

FAQ: What are the limitations on the obligation to make a reasonable accommodation?

Fact Sheet: Reasonable Accommodations in the Workplace

Is testing for the illegal use of drugs permissible under the ADA?

If the results of a drug test reveal the presence of a lawfully prescribed drug or other medical information, such information must be treated as a confidential medical record.

For additional information, take a look at the following resources:

FAQ: Are applicants or employees who are currently illegally using drugs protected by the ADA?

Fact Sheet: The ADA, Addiction, and Recovery

What are some of the accommodations applicants and employees may need?

For additional information, take a look at the following resources:

FAQ: What funding assistance is available for removing barriers and accommodating customers with disabilities?

FAQ: What is considered an "undue hardship" for a reasonable accommodation?

Are people with alcohol use disorder protected by the ADA?

For additional information, take a look at the following resource:

FAQ: Is the Federal government covered by the ADA?

When is an employer required to make a reasonable accommodation?

For additional information, take a look at the following resources:

Fact Sheet: Reasonable Accommodations in the Workplace

Fact Sheet: Mental Health Conditions in the Workplace and the ADA

Does the ADA override federal and state health and safety laws?

For additional information, take a look at the following resources:

FAQ: What is considered an "undue hardship" for a reasonable accommodation?

What are the limitations on the obligation to make a reasonable accommodation?

For additional information, take a look at the following resources:

FAQ: When barrier removal is not readily achievable, what kinds of alternative steps are required by the ADA?

How do workers' compensation programs and the ADA overlap?

An employer may refuse to hire or may fire a person who knowingly provides a false answer to a lawful post-conditional job offer inquiry about his or her condition or workers' compensation history.

For additional information, take a look at the following resources:

FAQ: What is the definition of disability under the ADA?

FAQ: What are my employer’s obligations after I return from medical leave? (What kind of documentation can the employer ask for when I return from medical leave?)

Must an employer modify existing facilities to make them accessible?

For additional information, take a look at the following resources:

FAQ: Can an employer be required to modify, adjust, or make other reasonable accommodations in the way a test is given to an applicant or employee with a disability?

What is discrimination based on "relationship or association" under the ADA?

For additional information, take a look at the following resources:

FAQ: Who is protected from employment discrimination?

FAQ: What is the definition of disability under the ADA?

Can an employer be required to reallocate an essential function of a job to another employee as a reasonable accommodation?

No. An employer is not required to reallocate essential functions of a job as a reasonable accommodation.

For additional information, take a look at the following resource:

How are the employment provisions enforced?

For additional information, take a look at the following resources:

Fact Sheet: ADANN Services

Can an employer be required to modify, adjust, or make other reasonable accommodations in the way a test is given to an applicant or employee with a disability?

For additional information, take a look at the following resource:

FAQ: Does the ADA require that an applicant or employee with a disability be qualified for the position?

What financial assistance is available to employers to help them make reasonable accommodations and comply with the ADA?

For additional information, take a look at the following resources:

Fact Sheet: Reasonable Accommodations in the Workplace

FAQ: What is the process to request a reasonable accommodation in employment?

FAQ: What are the limits on the obligation to make a reasonable accommodation?

Can an employer maintain existing production/performance standards for an employee with a disability?

For additional information, take a look at the following resource:

FAQ: Who is protected from employment discrimination?

What are an employer's recordkeeping requirements under the employment provisions of the ADA?

For additional information, take a look at the following resources:

Fact Sheet: Reasonable Accommodations in the Workplace

What limitations does the ADA impose on medical examinations and inquiries about disability?

Information from all medical examinations and inquiries must be kept apart from general personnel files as a separate, confidential medical record, available only under limited conditions.

Tests for illegal use of drugs are not medical examinations under the ADA and are not subject to the restrictions of such examinations.

For additional information, take a look at the following resources:

FAQ: What are my employer's obligations after I return from medical leave? (What kind of documentation can the employer ask for when I return from medical leave?)

FAQ: Does the ADA require that an applicant or employee with a disability be qualified for the position?

Can an employer establish specific attendance and leave policies?

For additional information, take a look at the following resources:

FAQ: What are my employer's obligations after I return from medical leave? (What kind of documentation can the employer ask for when I return from medical leave?)

FAQ: Does the ADA require that an applicant or employee with a disability be qualified for the position?

Does the ADA require that an employer post a notice explaining its requirements?

For additional information, take a look at the following resources:

Fact Sheet: Reasonable Accomodations in the Workplace

When can an employer ask an applicant to "self-identify" as having a disability?

For additional information, take a look at the following resources:

Fact Sheet: Reasonable Accommodations in the Workplace

Fact Sheet: Mental Health Conditions in the Workplace and the ADA

FAQ: What are an employer's recordkeeping requirements under the employment provisions of the ADA?

Can an employer consider health and safety when deciding whether to hire an applicant or retain an employee with a disability?

For additional information, take a look at the following resource:

FAQ: Does the ADA require that an applicant or employee with a disability be qualified for the position?

What resources does the Equal Employment Opportunity Commission have available to help employers and people with disabilities understand and comply with the employment requirements of the ADA?

EEOC has developed several resources to help employers and people with disabilities understand and comply with the employment provisions of the ADA. These resources are all available online.

Resources include:

A Technical Assistance Manual that provides "how-to" guidance on the employment provisions of the ADA as well as a resource directory to help individuals find specific information.

A variety of brochures, books.

A phone line with specialists at EEOC headquarters to answer questions and availability of local field offices

Does the ADA require employers to develop written job descriptions?

For additional information, take a look at the following resources:

FAQ: Does the ADA require that an applicant or employee with a disability be qualified for the position?

Are applicants or employees who are currently illegally using drugs protected by the ADA?

For additional information, take a look at the following resource:

FAQ: Is testing for the illegal use of drugs permissible under the ADA?

Does title II cover a public entity's employment policies and practices?

Yes. Title II prohibits all public entities, regardless of the size of their work force, from discriminating in the employment of individuals with disabilities.

For additional information, take a look at the following resources:

FAQ: How can I file an ADA complaint with the U.S. Department of Justice?

FAQ: How are the ADA’s requirements for State and local governments enforced?

What is the American’s with Disabilities Act?

Which employers are covered by title I of the ADA?

For additional information, take a look at the following resources:

FAQ: Are all people who have disabilities covered by the ADA?

What practices and activities are covered by the employment nondiscrimination requirements?

For additional information, take a look at the following resources:

FAQ: Who is protected from employment discrimination?

FAQ: What is discrimination based on "relationship or association" under the ADA?

Who is protected from employment discrimination?

The second part of the definition protecting individuals with a record of a disability would cover, for example, a person who has recovered from cancer or mental illness.

For additional information, take a look at the following resources:

FAQ: What is the definition of disability under ADA?

FAQ: What does “regarded as” having a disability mean?

FAQ: What does a “record of” a disability mean?

FAQ: What is discrimination based on "relationship or association" under the ADA?

FAQ: Can an employer be required to reallocate an essential function of a job to another employee as a reasonable accommodation?

[Captioned Video – 1:43 min.]

For additional information, take a look at the following resources:

FAQ: Can an employer maintain existing production/performance standards for an employee with a disability?

Does an employer have to give preference to an applicant with a disability over other applicants?

For additional information, take a look at the following resources:

FAQ: Does the ADA require that an applicant or employee with a disability be qualified for the position?

Fact Sheet: Reasonable Accommodations in the Workplace

Facility Access (34)

What funding assistance is available for individuals with disabilities to purchase assistive devices, ramps, etc.?

Home improvement benefits up to $6,800 may be provided for a:

service-connected condition
non-service-connected condition of a Veteran rated 50 percent or more service-connected

For additional information, take a look at the following resources:

FAQ: What is the definition of disability under the ADA?

FAQ: Does the ADA cover private apartments and private homes?

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

For additional information, take a look at the following resources:

FAQ: Is my building "grandfathered in" under the older 1991 ADA Standards for Accessible Design or do I need to comply with the 2010 ADA Standards?

Fact Sheet: Accessible Lodging

What types of accessible means of entry are required for swimming pools under the 2010 ADA Standards?

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

For additional information, take a look at the following resources:

FAQ: Where can I find a complete set of ADA standards for accessible design?

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

For additional information, take a look at the following resource:

FAQ: What is considered an "undue hardship" for a reasonable accommodation?

What funding assistance is available for removing barriers and accommodating customers with disabilities?

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

For additional information, take a look at the following resources:

FAQ: Must alternative steps be taken without regard to costs?

FAQ: When barrier removal is not readily achievable, what kinds of alternative steps are required by the ADA?

FAQ: What kinds of auxiliary aids and services are required by the ADA to ensure effective communication with individuals with hearing or vision impairments?

FAQ: What is public accommodation?

Fact Sheet: Effective Communication

Can I charge maintenance or cleaning fees for customers who bring service animals into my business?

For additional information, take a look at the following resource:

Fact Sheet: Service Animals

Where can I find a complete set of ADA standards for accessible design?

The 2010 ADA Standards for Accessible Design can be found at: https://www.ada.gov/2010ADAstandards_index.htm.

For additional information, take a look at the following resources:

FAQ: How do the 2010 changes to the ADA Standards for Accessible Design impact parking spaces that already exist?

FAQ: What does the ADA require in new construction?

Fact Sheet: Accessible Parking

What standards apply to newly constructed and altered facilities covered by the ADA?

For additional information, take a look at the following resources:

FAQ: Where can I find a complete set of ADA standards for accessible design?

If I am altering or doing an addition to my building, can I still follow the older 1991 ADA Standards for Accessible Design or must I use the new 2010 ADA Standards?

For additional information, take a look at the following resources:

FAQ: What if a service animal barks or growls at other people, or otherwise acts out of control?

FAQ: Am I responsible for the animal while the person with a disability is in my business?

FAQ: Is my building "grandfathered in" under the older 1991 ADA Standards for Accessible Design or do I need to comply with the 2010 ADA Standards?

What are the compliance dates mandated by the new 2010 ADA Standards?

For businesses that are covered under Title III, the compliance date for the 2010 ADA Standards for new construction and alterations is determined by:

the date the last application for a building permit or permit extension is certified to be complete by a State, county, or local government;
the date the last application for a building permit or permit extension is received by a State, county, or local government, where the government does not certify the completion of applications; or
the start date of physical construction or alteration, if no permit is required.

If that date is on or after March 15, 2012, then new construction and alterations must comply with the 2010 ADA Standards.

Source: http://www.ada.gov/revised_effective_dates-2010.htm.

For additional information, take a look at the following resources:

FAQ: What does the ADA require in new construction?

Fact Sheet: Opening Doors to Everyone

What should be applied to a situation when both the local or state code and the 2010 ADA Standards for Accessible Design need to be considered?

For additional information, take a look at the following resources:

FAQ: What does ADA require in new construction?

FAQ: How will a State or local government know that a new building is accessible?

FAQ: Where can I find a complete set of ADA standards for accessible design?

How do the 2010 changes to the ADA Standards for Accessible Design impact parking spaces that already exist?

For additional information, take a look at the following resources:

FAQ: Is my building “grandfathered in” under the older 1991 ADA Standards for Accessible Design or do I need to comply with the 2010 ADA Standards?

Fact Sheet: Accessible Parking

For additional information, take a look at the following resources:

FAQ: Who has responsibility for ADA compliance in leased places of public accommodation, the landlord or the tenant?

Fact Sheet: Accessible Parking

Is my building "grandfathered in" under the older 1991 ADA Standards for Accessible Design or do I need to comply with the 2010 ADA Standards?

For additional information, take a look at the following resources:

FAQ: Must an employer modify existing facilities to make them accessible?

FAQ: If I am altering or doing an addition to my building, can I still follow the older 1991 ADA Standards for Accessible Design or must I use the new 2010 ADA Standards?

FAQ: Can an employer be required to modify, adjust, or make other reasonable accommodations in the way a test is given to an applicant or employee with a disability?

Must an employer modify existing facilities to make them accessible?

For additional information, take a look at the following resources:

What are the laws about services animals that apply to my business?

For additional information, take a look at the following resources:

FAQ: What if a service animal barks or growls at other people, or otherwise acts out of control?

FAQ: How can I tell if an animal is really a service animal and not just a pet?

Service Animals, Small Business, and Other Public Accommodations

What accessibility standards for buildings and facilities must be followed by commercial facilities and places of public accommodation?

See the ADA Standards for more information: https://www.access-board.gov/ada/

For additional information, take a look at the following resources:

FAQ: Where can I find a complete set of ADA standards for accessible design?

Does the ADA permit an individual with a disability to sue a business when that individual believes that discrimination is about to occur, or must the individual wait for the discrimination to occur?

For additional information, take a look at the following resources:

FAQ: Who is protected from employment discrimination?

FAQ: What is the definition of disability under the ADA?

Are there any limitations on the ADA's barrier removal requirements for existing facilities?

Yes. Barrier removal needs to be accomplished only when it is "readily achievable" to do so, which means means "easily accomplishable and able to be carried out without much difficulty or expense."

For additional information, take a look at the following resources:

FAQ: When barrier removal is not readily achievable, what kinds of alternative steps are required by the ADA?

FAQ: What are examples of the types of physical modifications or barrier removal that would be readily achievable in most cases?

FAQ: What does the term "readily achievable" mean?

Fact Sheet: Small Business and ADA Readily Achievable Requirements

How does the ADA affect existing State and local building codes?

For additional information, take a look at the following resources:

FAQ: How will a State or local government know that a new building is accessible?

FAQ: What does the ADA require in new construction?

What are examples of the types of physical modifications or barrier removal that would be readily achievable in most cases?

For additional information, take a look at the following resources:

FAQ: What is the process to request a reasonable accommodation in employment?

FAQ: How does the ADA affect existing State and local building codes?

Fact Sheet: Reasonable Accommodations in the Workplace

What is the effect of certification of a State or local code or ordinance?

For additional information, take a look at the following resources:

FAQ: Where can I find a complete set of ADA standards for accessible design?

FAQ: What should be applied to a situation when both the local or state code and the 2010 ADA Standards for Accessible Design need to be considered?

Will businesses need to rearrange furniture and display racks?

Possibly. For example, restaurants may need to rearrange tables and department stores may need to adjust their layout of racks and shelves in order to permit access to wheelchair users.

For additional information, take a look at the following resources:

FAQ: When barrier removal is not readily achievable, what kinds of alternative steps are required by the ADA?

Does the ADA cover private apartments and private homes?

For additional information, take a look at the following resource:

Fact Sheet: Accessible Lodging

Will businesses need to install elevators?

Businesses are not required to retrofit their facilities to install elevators unless such installation is readily achievable, which is unlikely in most cases.

For additional information, take a look at the following resources:

FAQ: Where can I find a complete set of ADA standards for accessible design?

Are businesses entitled to any tax benefit to help pay for the cost of compliance?

As amended in 1990, the Internal Revenue Code allows a deduction of up to $15,000 per year for expenses associated with the removal of qualified architectural and transportation barriers.

For additional information, take a look at the following resources:

FAQ: What funding assistance is available for removing barriers and accommodating customers with disabilities?

ADA Quick Tips: Tax Incentives Factsheet

When barrier removal is not readily achievable, what kinds of alternative steps are required by the ADA?

Alternatives may include such measures as in-store assistance for removing articles from inaccessible shelves, home delivery of groceries, or coming to the door to receive or return dry cleaning.

For additional information, take a look at the following resources:

FAQ: How is “readily achievable” determined in a multi site business?

FAQ: What funding assistance is available for removing barriers and accommodating customers with disabilities?

Fact Sheet: Small Business and ADA Readily Achievable Requirements

How will a State or local government know that a new building is accessible?

For additional information, take a look at the following resources:

FAQ: Where can I find a complete set of ADA standards for accessible design?

Fact Sheet: Overview of the 2010 Standards for Accessible Design

How is "readily achievable" determined in a multisite business?

For additional information, take a look at the following resources:

FAQ: What is considered an “undue hardship” for a reasonable accommodation?

FAQ: What are the limitations on the obligation to make a reasonable accommodation?

Fact Sheet: Reasonable Accommodations in the Workplace

What does title II require for new construction and alterations?

Effective March 15, 2012, the ADA requires that all new construction or alterations by a state or local government be accessible as defined by the 2010 ADA Standards for Accessible Design.

Standards can be found here: https://www.ada.gov/2010ADAstandards_index.htm.

For additional information, take a look at the following resources:

FAQ: Where can I find a complete set of ADA standards for accessible design?

Fact Sheet: Open Doors to Everyone

Fact Sheet: Accessible Parking

What does the ADA require in new construction?

See the 2010 ADA Standards for Accessible Design for more information regarding new construction: https://www.ada.gov/regs2010/2010ADAStandards/2010ADAstandards.htm

For additional information, take a look at the following resources:

FAQ: Where can I find a complete set of ADA standards for accessible design?

FAQ: What standards must places of public accommodations and commercial facilities use for readily achievable barrier removal and in new construction and alterations?

When must structural changes be made to attain program accessibility?

For additional information, take a look at the following resource:

FAQ: What changes must a public entity make to its existing facilities to make them accessible?

Is it expensive to make all newly constructed places of public accommodation and commercial facilities accessible?

For additional information, take a look at the following resource:

FAQ: Where can I find a complete set of ADA standards for accessible design?

What are the ADA requirements for altering facilities?

When alterations are made to a primary function area, such as the lobby of a bank or the dining area of a cafeteria, an accessible path of travel to the altered area must also be provided.

See the 2010 ADA Standards for Accessible Design for more information regarding alterations: https://www.ada.gov/regs2010/2010ADAStandards/2010ADAstandards.htm

For additional information, take a look at the following resources:

FAQ: Is my building "grandfathered in" under the older 1991 ADA Standards for Accessible Design or do I need to comply with the 2010 ADA Standards?

FAQ: If I am doing a renovation on a hotel, how many guest rooms need to be accessible?

Fact Sheet: Overview of the 2010 Standards for Accessible Design

General ADA Information (22)

For additional information, take a look at the following resources:

When did the ADA become a law?

Additional information on the history and background on the law is available on the U.S. Department of Justice’s Civil Rights Division website at: https://www.ada.gov/2010_regs.htm.

For additional information, take a look at the following resources:

What is the American’s with Disabilities Act (ADA)?

I heard there is a new ADA?

For additional information, take a look at the following resources:

Fact Sheet: An Employee View of the Changes from the ADA Amendments Act

What kind of law is the ADA?

For additional information, take a look at the following resources:

FAQ: What is the definition of disability under the ADA?

FAQ: What does “regarded as” having a disability mean?

What is the definition of disability under the ADA?

For additional information, take a look at the following resources:

Fact Sheet: How is Disability Defined in the Americans With Disabilities Act?

FAQ: What does a “record of” having a disability mean?

FAQ: What is the definition of disability under the ADA?

For additional information, take a look at the following resources:

FAQ: What does “regarded as” having a disability mean?

What does a "record of" a disability mean?

For additional information, take a look at the following resources:

FAQ: What is the definition of disability under the ADA?

FAQ: Can you give me an example of someone who has a “record of” a disability without having a current disability?

FAQ: Can you give me an example of someone who is “regarded as” having a disability?

“Regarded as” means that the person either:

Has an impairment that does not substantially limit a major life activity;
Has an impairment that substantially limits a major life activity only as a result of the attitudes of others toward them; or
Does not have any impairment, but is treated by an entity as having an impairment.

For additional information, take a look at the following resources:

FAQ: Who is protected from employment discrimination?

FAQ: What is the definition of disability under the ADA?

Can you give me an example of someone who is "regarded as" having a disability?

For additional information, take a look at the following resource:

Fact Sheet: What is the definition of disability under the ADA?

Are all people who have disabilities covered by the ADA?

For additional information, take a look at the following resources:

FAQ: What does "regarded as" having a disability mean?

FAQ: What is the definition of disability under the ADA?

FAQ: What is the definition of disability under the ADA?

Yes, the ADA definition of disability includes mental, as well as physical, impairments.

For additional information, take a look at the following resources:

FAQ: What does "regarded as" having a disability mean?

How many people in the United States have a disability?

According to the Survey of Income and Program Participation (SIPP) data, approximately 54 million Americans have a disability.

For additional information, take a look at the following resource:

Where can I find a lawyer to represent me for free if I have a complaint or need consultation?

For additional information, take a look at the following resources:

Online Form for Training Requests

What if a service animal barks or growls at other people, or otherwise acts out of control?

If a service animal is removed from the premises, the individual with a disability must still be offered the opportunity to obtain goods, services, and accommodations.

For additional information, take a look at the following resources:

Service Animals, Small Business, and Other Public Accommodations

FAQ: What are some common misconceptions about service animals?

I heard that miniature horses are considered to be service animals by the ADA. Is this true?

Factors to assist in determining whether miniature horses can be accommodated are whether:

the miniature horse is housebroken
the miniature horse is under the owner’s control
the facility can accommodate the miniature horse’s type, size, and weight
the miniature horse’s presence will not compromise legitimate safety requirements necessary for the safe operation of the facility

For additional information, take a look at the following resources:

Service Animals, Small Business, and Other Public Accommodations

FAQ: What is the definition of disability under the ADA?

What, if any, are the specific disabilities that are covered under the ADA Title I employment regulations?

For additional information, take a look at the following resources:

What is a service animal?

Examples of service animal tasks include:

--Guiding a person who is blind.

--Pulling a wheelchair.

--Alerting a person who has a seizure disorder.

--Providing physical support and assistance with balance and stability.

--Assisting persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors

--Providing a safety check or a room search for a person with Post Traumatic Stress Disorder (PTSD)

For additional information, take a look at the following resources:

Fact Sheet: Service Animals

Service Animal or Emotional Support Animal: What is the Difference?

How can I tell if an animal is really a service animal and not just a pet?

To determine if an animal is a service animal, you may ask two questions:

Is the dog a service animal required because of a disability?
What work or task has the dog been trained to perform?

You may not ask these questions if the need for the service animal is obvious. Examples include when a dog is guiding an individual who is blind or is pulling a person’s wheelchair. In addition:

You may not ask about the nature or extent of an individual’s disability
You may not require proof that the animal has been certified, trained or licensed as a service animal
You may not require the animal to wear an identifying vest or tag
You may not ask that the dog demonstrate its ability to perform the task or work

For additional information, take a look at the following resources:

FAQ: What must I do when an individual with a service animal comes to my business?

Service Animal FAQs

What are public accommodations?

For additional information, take a look at the following resources:

FAQ: Is it expensive to make all newly constructed places of public accommodation and commercial facilities accessible?

FAQ: What funding assistance is available for removing barriers and accommodating customers with disabilities?

What is another power-driven mobility device (OPDMD)?

For additional information, take a look at the following resources:

Fact Sheet: Wheelchairs and other Power-Driven Mobility Devices

Fact Sheet: The ADA & Accessible Ground Transportation

FAQ: What is considered an “undue hardship” for reasonable accommodation?

It means "easily accomplishable and able to be carried out without much difficulty or expense."

For additional information, take a look at the following resources:

FAQ: When barrier removal is not readily available, what kinds of alternative steps are required by the ADA?

FAQ: Must alternative steps be taken without regard to cost?

Is the Federal government covered by the ADA?

For additional information, take a look at the following resource:

Fact Sheet: An Overview of the Americans with Disabilities Act

Hospitality (6)

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

For additional information, take a look at the following resources:

FAQ: Is my building "grandfathered in" under the older 1991 ADA Standards for Accessible Design or do I need to comply with the 2010 ADA Standards?

Fact Sheet: Accessible Lodging

My county health department has told me that only a "guide dog in harness" has to be admitted to my restaurant. If I follow their advice, am I violating the ADA?

For additional information, take a look at the following resources:

FAQ: What if a service animal barks or growls at other people, or otherwise acts out of control?

Can I exclude an animal that doesn't really seem dangerous but is disruptive to my business?

For additional information, take a look at the following resource:

Fact Sheet: Service Animals

If I am doing a renovation on a hotel, how many guest rooms need to be accessible?

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

For additional information, take a look at the following resources:

FAQ: What if a service animal barks or growls at other people, or otherwise acts out of control?

Fact Sheet: Accessible Lodging

I have always had a clearly posted "no pets" policy at my business. Do I still have to allow service animals in?

For additional information, take a look at the following resources:

FAQ: How can I tell if an animal is really a service animal and not just a pet?

Service Animal Resource HUB

When are the public accommodations provisions effective?

For additional information, take a look at the following resources:

Flying with a Service Animal

Other Laws (1)

Does the ADA cover air transportation?

Discrimination by air carriers in areas other than employment is not covered by the ADA but rather by the Air Carrier Access Act (49 U.S.C. 1374 (c)).

For additional information, take a look at the following resources:

Passengers with Disabilities – About the Air Carriers Access Act Source: U. S. Department of Transportation

Air Carrier Accscess Act

Public Accommodations (ADA Title III) (24)

What funding assistance is available for removing barriers and accommodating customers with disabilities?

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

For additional information, take a look at the following resources:

FAQ: Must alternative steps be taken without regard to costs?

FAQ: When barrier removal is not readily achievable, what kinds of alternative steps are required by the ADA?

FAQ: What kinds of auxiliary aids and services are required by the ADA to ensure effective communication with individuals with hearing or vision impairments?

FAQ: What is public accommodation?

Fact Sheet: Effective Communication

Am I responsible for the animal while the person with a disability is in my business?

No. The care or supervision of a service animal is solely the responsibility of the owner. You are not required to provide care or food or a special location for the animal.

For additional information, take a look at the following resources:

Fact Sheet: Service Animals

Service Animal Booklet

Can I exclude an animal that doesn't really seem dangerous but is disruptive to my business?

For additional information, take a look at the following resource:

Fact Sheet: Service Animals

How can I file an ADA complaint with the U.S. Department of Justice?

Online Complaint Form for Titles II and III (fill out and submit through website)

Title II State and Local Government Complaint Form (print and mail or fax)

Title III Public Accommodation Complaint Information (mail or fax a letter)

Include the following:

Your name, address, email, the telephone number. The name of the party discriminated against (if other than you).
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 in known.
Other information that you believe necessary to support your complaint. Please send copies of relevant documents. Do not send original documents. (Retain them.)
How to communicate with you effectively; for example if you want written communications in a specific format (e.g., large print, Braille, e-mail, or other electronic documents) or require communications by video phone or TTY.

Email:

Send your complaint to the following e-mail address: ada.complaint@usdoj.gov.
Fax: (202) 307-1197

Mail:

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

For additional information, take a look at the following resources:

Federal ADA Regulations and Standards

What are the laws about services animals that apply to my business?

For additional information, take a look at the following resources:

FAQ: What if a service animal barks or growls at other people, or otherwise acts out of control?

FAQ: How can I tell if an animal is really a service animal and not just a pet?

Service Animals, Small Business, and Other Public Accommodations

What must I do when an individual with a service animal comes to my business?

For additional information, take a look at the following resources:

FAQ: What if a service animal barks or growls at other people, or otherwise acts out of control?

FAQ: How can I tell if an animal is really a service animal and not just a pet?

Fact Sheet: Service Animals

I have always had a clearly posted "no pets" policy at my business. Do I still have to allow service animals in?

For additional information, take a look at the following resources:

FAQ: What if a service animal barks or growls at other people, or otherwise acts out of control?

FAQ: How can I tell if an animal is really a service animal and not just a pet?

Service Animal Resource HUB

Will businesses need to install elevators?

Businesses are not required to retrofit their facilities to install elevators unless such installation is readily achievable, which is unlikely in most cases.

For additional information, take a look at the following resources:

FAQ: Where can I find a complete set of ADA standards for accessible design?

When barrier removal is not readily achievable, what kinds of alternative steps are required by the ADA?

Alternatives may include such measures as in-store assistance for removing articles from inaccessible shelves, home delivery of groceries, or coming to the door to receive or return dry cleaning.

For additional information, take a look at the following resources:

FAQ: How is “readily achievable” determined in a multi site business?

FAQ: What funding assistance is available for removing barriers and accommodating customers with disabilities?

Fact Sheet: Small Business and ADA Readily Achievable Requirements

What are public accommodations?

For additional information, take a look at the following resources:

FAQ: Is it expensive to make all newly constructed places of public accommodation and commercial facilities accessible?

FAQ: What funding assistance is available for removing barriers and accommodating customers with disabilities?

Must alternative steps be taken without regard to cost?

No, only readily achievable alternative steps must be undertaken.

For additional information, take a look at the following resources:

FAQ: When barrier removal is not readily achievable, what kinds of alternative steps are required by the ADA?

FAQ: What is considered an “undue hardship” for a reasonable accommodation?

Can a public accommodation use eligibility criteria to determine who may receive services?

For more information, take a look at the following resources:

FAQ: What standards must places of public accommodations and commercial facilities use for readily achievable barrier removal and in new construction and alterations?

How is "readily achievable" determined in a multisite business?

For additional information, take a look at the following resources:

FAQ: What is considered an “undue hardship” for a reasonable accommodation?

FAQ: What are the limitations on the obligation to make a reasonable accommodation?

Fact Sheet: Reasonable Accommodations in the Workplace

Are there any limits on the kinds of modifications in policies, practices, and procedures required by the ADA?

Yes. The ADA does not require modifications that would fundamentally alter the nature of the services provided by the public accommodation.

For additional information, take a look at the following resources:

FAQ: What is considered an "undue hardship" for a reasonable accommodation?

Fact Sheet: Reasonable Accommodations in the Workplace

Who has responsibility for ADA compliance in leased places of public accommodation, the landlord or the tenant?

For additional information, take a look at the following resources:

FAQ: What kinds of auxiliary aids and services are required by the ADA to ensure effective communication with individuals with hearing or vision impairments?

Fact Sheet: Effective Communication

FAQ: What kinds of auxiliary aids and services are required by the ADA to ensure effective communication?

Are there any limitations on the ADA's auxiliary aids requirements?

For additional information, take a look at the following resources:

FAQ: What is considered an "undue hardship" for a reasonable accommodation?

Fact Sheet: Effective Communication

Communication Interpretation Resources

When are the public accommodations provisions effective?

For additional information, take a look at the following resources:

Do businesses need to have Braille materials, such as menus and sales tags, on hand in order to comply with Title III?

For additional information, take a look at the following resources:

FAQ: What kinds of auxiliary aids and services are required by the ADA to ensure effective communication with individuals with hearing or vision impairments?

Fact Sheet: Effective Communication

How will the public accommodations provisions be enforced?

For additional information, take a look at the following resources:

FAQ: How can I file an ADA complaint with the U.S. Department of Justice?

FAQ: What kinds of auxiliary aids and services are required by the ADA to ensure effective communication with individuals with hearing or vision impairments?

Do businesses need to have a qualified interpreter on hand in order to communicate with a person who is deaf?

For additional information, take a look at the following resources:

Fact Sheet: Effective Communication

Does the ADA cover private apartments and private homes?

For additional information, take a look at the following resource:

Fact Sheet: Accessible Lodging

What is the definition of a wheelchair under the ADA?

For additional information, take a look at the following resources:

Fact Sheet: The ADA & Accessible Ground Transportation

Fact Sheet: Wheelchairs and Other Power-Driven Mobility Devices

FAQ: What is considered an “undue hardship” for reasonable accommodation?

It means "easily accomplishable and able to be carried out without much difficulty or expense."

For additional information, take a look at the following resources:

FAQ: When barrier removal is not readily available, what kinds of alternative steps are required by the ADA?

FAQ: Must alternative steps be taken without regard to cost?

Will businesses need to rearrange furniture and display racks?

Possibly. For example, restaurants may need to rearrange tables and department stores may need to adjust their layout of racks and shelves in order to permit access to wheelchair users.

For additional information, take a look at the following resources:

FAQ: When barrier removal is not readily achievable, what kinds of alternative steps are required by the ADA?

State and Local Government (ADA Title II) (10)

When did the ADA become a law?

Additional information on the history and background on the law is available on the U.S. Department of Justice’s Civil Rights Division website at: https://www.ada.gov/2010_regs.htm.

For additional information, take a look at the following resources:

Do the revised ADA Regulations that went into effect on March 15, 2011 require the city or state government to create or update a self-evaluation and transition plan?

structural changes needed to provide access to programs, activities and services;
policy modifications to ensure nondiscrimination; and
providing public notice that includes (i) explanation of the application of the ADA to the state and local governments programs, activities, and services; (ii) contact information for the employee who is designated to address ADA compliance issues; and (iii) information on the grievance procedure.

For additional information, take a look at the following resource:

FAQ: What is a self-evaluation?

How can I file an ADA complaint with the U.S. Department of Justice?

Online Complaint Form for Titles II and III (fill out and submit through website)

Title II State and Local Government Complaint Form (print and mail or fax)

Title III Public Accommodation Complaint Information (mail or fax a letter)

Include the following:

Your name, address, email, the telephone number. The name of the party discriminated against (if other than you).
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 in known.
Other information that you believe necessary to support your complaint. Please send copies of relevant documents. Do not send original documents. (Retain them.)
How to communicate with you effectively; for example if you want written communications in a specific format (e.g., large print, Braille, e-mail, or other electronic documents) or require communications by video phone or TTY.

Email:

Send your complaint to the following e-mail address: ada.complaint@usdoj.gov.
Fax: (202) 307-1197

Mail:

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

For additional information, take a look at the following resources:

Federal ADA Regulations and Standards

How are the ADA's requirements for State and local governments enforced?

For additional information, take a look at the following resources:

FAQ: How can I file an ADA complaint with the U.S. Department of Justice?

What is a self-evaluation?

For additional information, take a look at the following resources:

Fact Sheet: ADA Title II and Title III Regulation and Fact Sheet Series

FAQ: What changes must a public entity make to its existing facilities to make them accessible?

When must structural changes be made to attain program accessibility?

For additional information, take a look at the following resource:

What changes must a public entity make to its existing facilities to make them accessible?

For additional information, take a look at the following resources:

FAQ: What are the ADA requirements for altering facilities?

FAQ: How do the 2010 changes to the ADA Standards for Accessible Design impact parking spaces that already exist?

FAQ: Is my building “grandfathered in” under the old 1991 ADA Standards for Accessible Design or do I need to comply with the 2010 ADA Standards?

How does title II affect participation in a State or local government's programs, activities, and services?

For additional information, take a look at the following resources:

FAQ: Does the ADA apply to State and local governments?

FAQ: When do the requirements for State and local governments become effective?

FAQ: How are the ADA’s requirements for State and local governments enforced?

When do the requirements for State and local governments become effective?

For additional information, take a look at the following resources:

FAQ: How does title II affect participation in a State or local government's programs, activities, and services?

Does the ADA apply to State and local governments?

For additional information, take a look at the following resources:

FAQ: What is the definition of disability under the ADA?

Fact Sheet: An Overview of the Americans With Disabilities Act

Technology (Accessible) (3)

What funding assistance is available for individuals with disabilities to purchase assistive devices, ramps, etc.?

Home improvement benefits up to $6,800 may be provided for a:

service-connected condition
non-service-connected condition of a Veteran rated 50 percent or more service-connected

For additional information, take a look at the following resources:

FAQ: Does the ADA cover private apartments and private homes?

What kinds of auxiliary aids and services are required by the ADA to ensure effective communication with individuals with hearing or vision impairments?

Appropriate auxiliary aids and services for individuals with hearing loss may include:

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:

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.

For additional information, take a look at the following resources:

FAQ: What funding assistance is available for individuals with disabilities to purchase assistive devices, ramps, etc.?

Fact Sheet: Effective Communication

What is the definition of a wheelchair under the ADA?

For additional information, take a look at the following resources:

Fact Sheet: The ADA & Accessible Ground Transportation

FAQ: What kinds of auxiliary aids and services are offered by the ADA to ensure effective communication with individuals with hearing or vision impairments?

Fact Sheet: Wheelchairs and Other Power-Driven Mobility Devices

Telecommunication (ADA Title IV) (2)

What requirements apply to a public entity's emergency telephone services, such as 911?

[Captioned Video – 1:48 min.]

How will the ADA make telecommunications accessible?

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21^st Century Communications and Accessibility Act (CVAA)

Web Link: https://www.fcc.gov/consumers/guides/21st-century-communications-and-video-accessibility-act-cvaa.

For additional information, take a look at the following resources:

Fact Sheet: Effective Communication

Transportation (3)

I operate a private taxicab and I don't want animals in my taxi; they smell, shed hair and sometimes have "accidents." Am I violating the ADA if I refuse to pick up someone with a service animal?

A person traveling with a service animal:

cannot be denied access to transportation, even if there is a “no pets” policy
cannot be forced to sit in a particular spot
does not have to provide advance notice that he or she will be traveling with a service animal

These laws apply to both public and private transportation providers and include subways, fixed route buses, paratransit, rail and light rail, taxicabs, shuttles and limousine services.

For additional information, take a look at the following resources:

FAQ: What if a service animal barks or growls at other people, or otherwise acts out of control?

FAQ: Am I responsible for the animal while the person with a disability is in my business?