Americans with Disabilities Act (ADA)

The ADA prohibits discrimination on the basis of disability in employmentState and local governmentpublic accommodationscommercial facilitiestransportationand telecommunications. It also applies to the United States Congress.

To be protected by the ADAone must have a disability or have a relationship or association with an individual with a disability. An individual with a disability is defined by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activitiesa person who has a history or record of such an impairmentor a person who is perceived by others as having such an impairment. The ADA does not specifically name all of the impairments that are covered.

ADA Title I: Employment

Title I requires employers with 15 or more employees to provide qualified individuals with disabilities an equal opportunity to benefit from the full range of employment-related opportunities available to others. For exampleit prohibits discrimination in recruitmenthiringpromotionstrainingpaysocial activitiesand other privileges of employment. It restricts questions that can be asked about an applicant’s disability before a job offer is madeand it requires that employers make reasonable accommodation to the known physical or mental limitations of otherwise qualified individuals with disabilitiesunless it results in undue hardship. Religious entities with 15 or more employees are covered under title I.

Title I complaints must be filed with the U. S. Equal Employment Opportunity Commission (EEOC) within 180 days of the date of discriminationor 300 days if the charge is filed with a designated State or local fair employment practice agency. Individuals may file a lawsuit in Federal court only after they receive a “right-to-sue” letter from the EEOC.

Charges of employment discrimination on the basis of disability may be filed at any U.S. Equal Employment Opportunity Commission field office. Field offices are located in 50 cities throughout the U.S. and are listed in most telephone directories under “U.S. Government.” For the appropriate EEOC field office in your geographic areacontact:

(800) 669-4000 (voice)
(800) 669-6820 (TTY)
(844) 234-5122 (VP)
www.eeoc.gov

For information on how to accommodate a specific individual with a disabilitycontact the Job Accommodation Network at:

(800) 526-7234 (voice)
(877) 781-9403 (TTY)
askjan.org

ADA Title II: State and Local Government Activities

Title II covers all activities of State and local governments regardless of the government entity’s size or receipt of Federal funding. Title II requires that State and local governments give people with disabilities an equal opportunity to benefit from all of their programsservicesand activities (e.g. public educationemploymenttransportationrecreationhealth caresocial servicescourtsvotingand town meetings).

State and local governments are required to follow specific architectural standards in the new construction and alteration of their buildings. They also must relocate programs or otherwise provide access in inaccessible older buildingsand communicate effectively with people who have hearingvisionor speech disabilities. Public entities are not required to take actions that would result in undue financial and administrative burdens. They are required to make reasonable modifications to policiespracticesand procedures where necessary to avoid discriminationunless they can demonstrate that doing so would fundamentally alter the nature of the serviceprogramor activity being provided.

Complaints of title II violations may be filed with the Department of Justice within 180 days of the date of discrimination. In certain situationscases may be referred to a mediation program sponsored by the Department. The Department may bring a lawsuit where it has investigated a matter and has been unable to resolve violations. For more informationcontact:

U.S. Department of Justice
Civil Rights Division
950 Pennsylvania AvenueN.W.
Disability Rights Section
WashingtonD.C. 20530
800-514-0301 (voice)
1-833-610-1264 (TTY)
ADA.gov

Title II may also be enforced through private lawsuits in Federal court. It is not necessary to file a complaint with the Department of Justice (DOJ) or any other Federal agencyor to receive a “right-to-sue” letterbefore going to court.

ADA Title II: Public Transportation

The transportation provisions of title II cover public transportation servicessuch as city buses and public rail transit (e.g. subwayscommuter railsAmtrak). Public transportation authorities may not discriminate against people with disabilities in the provision of their services. They must comply with requirements for accessibility in newly purchased vehiclesmake good faith efforts to purchase or lease accessible used busesremanufacture buses in an accessible mannerandunless it would result in an undue burdenprovide paratransit where they operate fixed-route bus or rail systems. Paratransit is a service where individuals who are unable to use the regular transit system independently (because of a physical or mental impairment) are picked up and dropped off at their destinations. Questions and complaints about public transportation should be directed to:

Office of Civil Rights
Federal Transit Administration
U.S. Department of Transportation
1200 New Jersey AvenueSE
WashingtonD.C. 20590
(888) 446-4511 (voice/relay)
www.fta.dot.gov/ada

ADA Title III: Public Accommodations

Title III covers businesses and nonprofit service providers that are public accommodationsprivately operated entities offering certain types of courses and examinationsprivately operated transportationand commercial facilities. Public accommodations are private entities who ownleaselease toor operate facilities such as restaurantsretail storeshotelsmovie theatersprivate schoolsconvention centersdoctors’ officeshomeless shelterstransportation depotszoosfuneral homesday care centersand recreation facilities including sports stadiums and fitness clubs. Transportation services provided by private entities are also covered by title III.

Public accommodations must comply with basic nondiscrimination requirements that prohibit exclusionsegregationand unequal treatment. They also must comply with specific requirements related to architectural standards for new and altered buildings; reasonable modifications to policiespracticesand procedures; effective communication with people with hearingvisionor speech disabilities; and other access requirements. Additionallypublic accommodations must remove barriers in existing buildings where it is easy to do so without much difficulty or expensegiven the public accommodation’s resources.

Courses and examinations related to professionaleducationalor trade-related applicationslicensingcertificationsor credentialing must be provided in a place and manner accessible to people with disabilitiesor alternative accessible arrangements must be offered.

Commercial facilitiessuch as factories and warehousesmust comply with the ADA’s architectural standards for new construction and alterations.

Complaints of title III violations may be filed with the Department of Justice. In certain situationscases may be referred to a mediation program sponsored by the Department. The Department is authorized to bring a lawsuit where there is a pattern or practice of discrimination in violation of title IIIor where an act of discrimination raises an issue of general public importance. Title III may also be enforced through private lawsuits. It is not necessary to file a complaint with the Department of Justice (or any Federal agency)or to receive a “right-to-sue” letterbefore going to court. For more informationcontact:

U.S. Department of Justice
Civil Rights Division
950 Pennsylvania AvenueN.W.
Disability Rights Section
WashingtonD.C. 20530
800-514-0301 (voice)
1-833-610-1264 (TTY)
ADA.gov

ADA Title IV: Telecommunications Relay Services

Title IV addresses telephone and television access for people with hearing and speech disabilities. It requires common carriers (telephone companies) to establish interstate and intrastate telecommunications relay services (TRS) 24 hours a day7 days a week. TRS enables callers with hearing and speech disabilities who use TTYs (also known as TDDs)and callers who use voice telephones to communicate with each other through a third party communications assistant. The Federal Communications Commission (FCC) has set minimum standards for TRS services. Title IV also requires closed captioning of Federally funded public service announcements. For more information about TRScontact the FCC at:

Federal Communications Commission
445 12th StreetS.W.
WashingtonD.C. 20554
(888) 225-5322 (Voice)
(888) 835-5322 (TTY)
www.fcc.gov/general/disability-rights-office

Telecommunications Act

Section 255 and Section 251(a)(2) of the Communications Act of 1934as amended by the Telecommunications Act of 1996require manufacturers of telecommunications equipment and providers of telecommunications services to ensure that such equipment and services are accessible to and usable by persons with disabilitiesif readily achievable. These amendments ensure that people with disabilities will have access to a broad range of products and services such as telephonescell phonespagerscall-waitingand operator servicesthat were often inaccessible to many users with disabilities. For more informationcontact:

Federal Communications Commission
445 12th StreetS.W.
WashingtonD.C. 20554
(888) 225-5322 (Voice)
(888) 835-5322 (TTY)
www.fcc.gov/cgb/dro

Fair Housing Act

The Fair Housing Actas amended in 1988prohibits housing discrimination on the basis of racecolorreligionsexdisabilityfamilial statusand national origin. Its coverage includes private housinghousing that receives Federal financial assistanceand State and local government housing. It is unlawful to discriminate in any aspect of selling or renting housing or to deny a dwelling to a buyer or renter because of the disability of that individualan individual associated with the buyer or renteror an individual who intends to live in the residence. Other covered activities includefor examplefinancingzoning practicesnew construction designand advertising.

The Fair Housing Act requires owners of housing facilities to make reasonable exceptions in their policies and operations to afford people with disabilities equal housing opportunities. For examplea landlord with a “no pets” policy may be required to grant an exception to this rule and allow an individual who is blind to keep a guide dog in the residence. The Fair Housing Act also requires landlords to allow tenants with disabilities to make reasonable access-related modifications to their private living spaceas well as to common use spaces. (The landlord is not required to pay for the changes.) The Act further requires that new multifamily housing with four or more units be designed and built to allow access for persons with disabilities. This includes accessible common use areasdoors that are wide enough for wheelchairskitchens and bathrooms that allow a person using a wheelchair to maneuverand other adaptable features within the units.

Complaints of Fair Housing Act violations may be filed with the U.S. Department of Housing and Urban Development. For more information or to file a complaintcontact:

Office of Compliance and Disability Rights Division
Office of Fair Housing and Equal Opportunity
U.S. Department of Housing and Urban Development
451 7th StreetS.W.Room 5242
WashingtonD.C. 20410
(800) 669-9777 (voice)
(800) 927-9275 (TTY)
https://www.hud.gov/program_offices/fair_housing_equal_opp/disability_main

For questions about the accessibility provisions of the Fair Housing Actcontact Fair Housing Accessibility FIRST at:

(888) 341-7781 (voice/TTY)
https://www.hud.gov/program_offices/fair_housing_equal_opp/accessibility_first_home

For publicationsyou may call the Housing and Urban Development Customer Service Center at:

(800) 767-7468 (voice/relay)

Additionallythe Department of Justice can file cases involving a pattern or practice of discrimination. The Fair Housing Act may also be enforced through private lawsuits.

Air Carrier Access Act

The Air Carrier Access Act prohibits discrimination in air transportation by domestic and foreign air carriers against qualified individuals with physical or mental impairments. It applies only to air carriers that provide regularly scheduled services for hire to the public. Requirements address a wide range of issues including boarding assistance and certain accessibility features in newly built aircraft and new or altered airport facilities. People may enforce rights under the Air Carrier Access Act by filing a complaint with the U.S. Department of Transportation. For more information or to file a complaintcontact:

Aviation Consumer Protection DivisionC-75
U.S. Department of Transportation
1200 New Jersey AvenueS.E.
WashingtonD.C. 20590
(202) 366-2220 (voice)
(202) 366-0511 (TTY)
(800) 778-4838 (voice)
(800) 455-9880 (TTY)
www.transportation.gov/airconsumer/disability

Voting Accessibility for the Elderly and Handicapped Act

The Voting Accessibility for the Elderly and Handicapped Act of 1984 generally requires polling places across the United States to be physically accessible to people with disabilities for federal elections. Where no accessible location is available to serve as a polling placea political subdivision must provide an alternate means of casting a ballot on the day of the election. This law also requires states to make available registration and voting aids for disabled and elderly votersincluding information by TTYs or similar devices. For more informationcontact:

U.S. Department of Justice
Civil Rights Division
950 Pennsylvania AvenueN.W.
Voting Section - 4CON 8th Floor
WashingtonD.C. 20530
(800) 253-3931 (voice/TTY)

National Voter Registration Act

The National Voter Registration Act of 1993also known as the “Motor Voter Act,” makes it easier for all Americans to exercise their fundamental right to vote. One of the basic purposes of the Act is to increase the historically low registration rates of minorities and persons with disabilities that have resulted from discrimination. The Motor Voter Act requires all offices of State-funded programs that are primarily engaged in providing services to persons with disabilities to provide all program applicants with voter registration formsto assist them in completing the formsand to transmit completed forms to the appropriate State official. For more informationcontact:

U.S. Department of Justice
Civil Rights Division
950 Pennsylvania AvenueN.W.
Voting Section - 4CON 8th Floor
WashingtonD.C. 20530
(800) 253-3931 (voice/TTY)
www.justice.gov/crt/voting-section

Civil Rights of Institutionalized Persons Act

The Civil Rights of Institutionalized Persons Act (CRIPA) authorizes the U.S. Attorney General to investigate conditions of confinement at State and local government institutions such as prisonsjailspretrial detention centersjuvenile correctional facilitiespublicly operated nursing homesand institutions for people with psychiatric or developmental disabilities. Its purpose is to allow the Attorney General to uncover and correct widespread deficiencies that seriously jeopardize the health and safety of residents of institutions. The Attorney General does not have authority under CRIPA to investigate isolated incidents or to represent individual institutionalized persons.

The Attorney General may initiate civil law suits where there is reasonable cause to believe that conditions are “egregious or flagrant,” that they are subjecting residents to “grievous harm,” and that they are part of a “pattern or practice” of resistance to residents’ full enjoyment of constitutional or Federal rightsincluding title II of the ADA and section 504 of the Rehabilitation Act. For more information or to bring a matter to the Department of Justice’s attentioncontact:

U.S. Department of Justice
Civil Rights Division
950 Pennsylvania AvenueN.W.
Special Litigation Section
WashingtonD.C. 20530
(877) 218-5228 (voice/TTY)
https://www.justice.gov/crt/rights-persons-disabilities

Individuals with Disabilities Education Act

The Individuals with Disabilities Education Act (IDEA) (formerly called P.L. 94-142 or the Education for all Handicapped Children Act of 1975) requires public schools to make available to all eligible children with disabilities a free appropriate public education in the least restrictive environment appropriate to their individual needs.

IDEA requires public school systems to develop appropriate Individualized Education Programs (IEP’s) for each child. The specific special education and related services outlined in each IEP reflect the individualized needs of each student.

IDEA also mandates that particular procedures be followed in the development of the IEP. Each student’s IEP must be developed by a team of knowledgeable persons and must be at least reviewed annually. The team includes the child’s teacher; the parentssubject to certain limited exceptions; the childif determined appropriate; an agency representative who is qualified to provide or supervise the provision of special education; and other individuals at the parents’ or agency’s discretion.

If parents disagree with the proposed IEPthey can request a due process hearing and a review from the State educational agency if applicable in that state. They also can appeal the State agency’s decision to State or Federal court. For more informationcontact:

Office of Special Education and Rehabilitative Services
U.S. Department of Education
400 Maryland AvenueS.W.
WashingtonD.C. 20202-7100
(202) 245-7459 (voice/TTY)
https://www.ed.gov/about/ed-offices/osers

Rehabilitation Act

The Rehabilitation Act prohibits discrimination on the basis of disability in programs conducted by Federal agenciesin programs receiving Federal financial assistancein Federal employmentand in the employment practices of Federal contractors. The standards for determining employment discrimination under the Rehabilitation Act are the same as those used in title I of the Americans with Disabilities Act.

Section 501

Section 501 requires affirmative action and nondiscrimination in employment by Federal agencies of the executive branch. To obtain more information or to file a complaintemployees should contact their agency’s Equal Employment Opportunity Office.

Section 503

Section 503 requires affirmative action and prohibits employment discrimination by Federal government contractors and subcontractors with contracts of more than $10,000. For more information on section 503contact:

Office of Federal Contract Compliance Programs
U.S. Department of Labor
200 Constitution AvenueN.W.
WashingtonD.C. 20210
(800) 397-6251 (voice)
(877) 889-5627 (TTY)
www.dol.gov/agencies/ofccp

Section 504

Section 504 states that “no qualified individual with a disability in the United States shall be excluded fromdenied the benefits ofor be subjected to discrimination under” any program or activity that either receives Federal financial assistance or is conducted by any Executive agency or the United States Postal Service.

Each Federal agency has its own set of section 504 regulations that apply to its own programs. Agencies that provide Federal financial assistance also have section 504 regulations covering entities that receive Federal aid. Requirements common to these regulations include reasonable accommodation for employees with disabilities; program accessibility; effective communication with people who have hearing or vision disabilities; and accessible new construction and alterations. Each agency is responsible for enforcing its own regulations.

For information on how to file 504 complaints with the appropriate agencycontact:

U.S. Department of Justice
Civil Rights Division
950 Pennsylvania AvenueN.W.
Disability Rights Section
WashingtonD.C. 20530
800-514-0301 (voice)
1-833-610-1264 (TTY)
ADA.gov

Section 508

Section 508 establishes requirements for electronic and information technology developedmaintainedprocuredor used by the Federal government. Section 508 requires Federal electronic and information technology to be accessible to people with disabilitiesincluding employees and members of the public.

An accessible information technology system is one that can be operated in a variety of ways and does not rely on a single sense or ability of the user. For examplea system that provides output only in visual format may not be accessible to people with visual impairments and a system that provides output only in audio format may not be accessible to people who are deaf or hard of hearing. Some individuals with disabilities may need accessibility-related software or peripheral devices in order to use systems that comply with Section 508. For more information on section 508contact:

U.S. General Services Administration
Office of Enterprise Planning and Governance
CIO 508 Coordinator
1800 F StreetN.W.
WashingtonDC 20405-0001
www.gsa.gov/portal/content/105254
U.S. Architectural and Transportation Barriers Compliance Board
1331 F StreetN.W.Suite 1000
WashingtonDC 20004-1111
800-872-2253 (voice)
800-993-2822 (TTY)
www.access-board.gov

Architectural Barriers Act

The Architectural Barriers Act (ABA) requires that buildings and facilities that are designedconstructedor altered with Federal fundsor leased by a Federal agencycomply with Federal standards for physical accessibility. ABA requirements are limited to architectural standards in new and altered buildings and in newly leased facilities. They do not address the activities conducted in those buildings and facilities. Facilities of the U.S. Postal Service are covered by the ABA. For more information or to file a complaintcontact:

U.S. Architectural and Transportation Barriers Compliance Board
1331 F StreetN.W.Suite 1000
WashingtonD.C. 20004-1111
(800) 872-2253 (voice)
(800) 993-2822 (TTY)
www.access-board.gov

General Sources of Disability Rights Information

ADA Information Line
800-514-0301 (voice)
1-833-610-1264 (TTY)
ADA.gov ADA National Network
(800) 949-4232 (voice/TTY)
www.adata.org

Statute Citations

Air Carrier Access Act of 1986 49 U.S.C. § 41705

Implementing Regulation: 14 CFR Part 382

Americans with Disabilities Act of 1990 42 U.S.C. §§ 12101 et seq.

Implementing Regulations: 29 CFR Parts 16301602 (Title IEEOC) 28 CFR Part 35 (Title IIDepartment of Justice) 49 CFR Parts 273738 (Title IIIIIDepartment of Transportation) 28 CFR Part 36 (Title IIIDepartment of Justice) 47 CFR §§ 64.601 et seq. (Title IVFCC)

Architectural Barriers Act of 1968 42 U.S.C. §§ 4151 et seq.

Implementing Regulation: 41 CFR Subpart 101-19.6

Civil Rights of Institutionalized Persons Act 42 U.S.C. §§ 1997 et seq.

Fair Housing Amendments Act of 1988 42 U.S.C. §§ 3601 et seq.

Implementing Regulation: 24 CFR Parts 100 et seq.

Individuals with Disabilities Education Act 20 U.S.C. §§ 1400 et seq.

Implementing Regulation: 34 CFR Part 300

National Voter Registration Act of 1993 42 U.S.C. §§ 1973gg et seq.

Section 501 of the Rehabilitation Act of 1973as amended 29 U.S.C. § 791

Implementing Regulation: 29 CFR § 1614.203

Section 503 of the Rehabilitation Act of 1973as amended 29 U.S.C. § 793

Implementing Regulation: 41 CFR Part 60-741

Section 504 of the Rehabilitation Act of 1973as amended 29 U.S.C. § 794

Over 20 Implementing Regulations for federally assisted programsincluding: 34 CFR Part 104 (Department of Education), 45 CFR Part 84 (Department of Health and Human Services), 28 CFR §§ 42.501 et seq.
Over 95 Implementing Regulations for federally conducted programsincluding: 28 CFR Part 39 (Department of Justice)

Section 508 of the Rehabilitation Act of 1973as amended 29 U.S.C. § 794d

Telecommunications Act of 1996 47 U.S.C. §§ 255251(a)(2)

Voting Accessibility for the Elderly and Handicapped Act of 1984 42 U.S.C. §§ 1973ee et seq.

---

The Americans with Disabilities Act authorizes the Department of Justice (the Department) to provide technical assistance to individuals and entities that have rights or responsibilities under the Act. This document provides informal guidance to assist you in understanding the ADA and the Department’s regulations.

Guidance documents posted to this website are not intended to be a final agency actionhave no legally binding effectand have no force or effect of law.  The documents may be rescinded or modified in the Departments’ complete discretionin accordance with applicable laws.  The Departments’ guidance documentsincluding this guidancedo not establish legally enforceable responsibilities beyond what is required by the terms of the applicable statutesregulationsor binding judicial precedent.  For more informationsee 1-19.000 – Principles for Issuance and Use of Guidance Documents, https://www.justice.gov/jm/1-19000-limitation-issuance-guidance-documents-1.

---

Originally issued: October 011996

Last updated: February 282020