Released to public from Consumer Info Ctr at Pueblo CO http://www.pueblo.gsa.gov/cic_text/misc/disrits.txt
Consumers Guide to Disability Rights Laws
U.S. Department of Justice
Civil Rights Division
Disability Rights Section
A Guide to Disability Rights Laws
October 1, 1996
TABLE OF CONTENTS
Americans with Disabilities Act
Fair Housing Act
Air Carrier Access Act
Civil Rights of Institutionalized
Persons Act
Individuals with Disabilities
Education Act
Rehabilitation Act
Architectural Barriers Act
Other Sources of Disability
Rights Information
Reproduction of this document is encouraged.
This guide provides an overview of Federal civil rights laws that ensure equal opportunity for people with disabilities. To find out more about how these laws may apply to you, contact the agencies and organizations listed below.
Americans with Disabilities Act (ADA)
The ADA prohibits discrimination on the basis of disability in employment, State and local government, public accommodations, commercial facilities, transportation, and telecommunications. It also applies to the United States Congress.
To be protected by the ADA, one 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 activities,
a person who has a history or record of such an impairment, or 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 example, it prohibits discrimination in recruitment, hiring, promotions, training, pay, social activities, and other privileges of employment. It restricts questions that can be asked about an applicant's disability before a job offer is made, and it requires that employers make reasonable accommodation to the known physical or mental limitations of otherwise qualified individuals with disabilities, unless 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 discrimination, or 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 area, call: (800) 669-4000
(voice) (800) 669-6820 (TDD)
Information on EEOC-enforced laws may be obtained by calling:
(800) 669-EEOC (voice) (800) 800-3302 (TDD)
For information on how to accommodate a specific individual with a disability, call the Job Accommodation Network at: (800) 526-7234 (voice/TDD) (800) ADA-WORK (voice/TDD)
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 programs, services, and activities (e.g. public education, employment, transportation, recreation, health care, social services, courts, voting, and 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 buildings, and communicate effectively with people who have hearing, vision, or 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 policies, practices, and procedures
where necessary to avoid discrimination, unless they can demonstrate that doing so would
fundamentally alter the nature of the service, program, or 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 situations, cases 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 information or to file a complaint, contact:
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66738
Washington, D.C. 20035-6738
You may also call for information at:
(800) 514-0301 (voice) (800) 514-0383 (TDD)
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 agency, or to receive a "right-to-sue" letter, before going to court.
ADA Title II: Public Transportation
The transportation provisions of title II cover public transportation services, such as
city buses and public rail transit (e.g. subways, commuter rails, Amtrak). 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 vehicles, make good faith efforts
to purchase or lease accessible used buses, remanufacture buses in an accessible manner,
and, unless it would result in an undue burden, provide 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:
Federal Transit Administration
U.S. Department of Transportation
400 Seventh Street, S.W.
Washington, D.C. 20590
Documents and Questions:
(202) 366-1656 (voice) (202) 366-4567 (TDD)
Legal Questions:
(202) 366-1936 (voice/relay) (202) 366-9306 (voice)
(202) 755-7687 (TDD)
Complaints and Enforcement:
(202) 366-2285 (voice) (202) 366-0153 (TDD)
ADA Title III: Public Accommodations
Title III covers businesses and nonprofit service providers that are public
accommodations, privately operated entities offering certain types of courses and
examinations, privately operated transportation, and commercial facilities. Public
accommodations are private entities who own, lease, lease to, or operate facilities such
as restaurants, retail stores, hotels, movie theaters,
private schools, convention centers, doctors' offices, homeless shelters, transportation
depots, zoos, funeral homes, day care centers, and 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 exclusion, segregation, and unequal treatment. They also must comply with
specific requirements related to architectural standards for new and altered buildings;
reasonable modifications to policies, practices, and procedures; effective communication
with people with hearing, vision,
or speech disabilities; and other access requirements. Additionally, public accommodations
must remove barriers in existing buildings where it is easy to do so without much
difficulty or expense, given the public accommodation's resources.
Courses and examinations related to professional, educational, or trade-related applications, licensing, certifications, or credentialing must be provided in a place and manner accessible to people with disabilities, or alternative accessible arrangements must be offered.
Commercial facilities, such as factories and warehouses, must comply with the ADA's architectural standards for new construction and alterations.
For more information or to file a complaint, contact:
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66738
Washington, D.C. 20035-6738
You may also call for information at:
(800) 514-0301 (voice) (800) 514-0383 (TDD)
ADA Title IV: Telecommunications
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 day, 7 days a week. TRS enables callers with hearing and speech disabilities who use text telephones (TTY's or TDD's), 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 TRS, contact the FCC at:
Federal Communications Commission
1919 M Street, N.W.
Washington, D.C. 20554
Documents and questions:
(202) 418-0190 (voice) (202) 418-2555 (TDD)
Legal Questions:
(202) 418-2357 (voice) (202) 418-0484 (TDD)
Fair Housing Act
The Fair Housing Act, as amended in 1988, prohibits housing discrimination on the basis of
race, color, religion, sex, disability, familial status, and national origin. Its coverage
includes private housing, housing that receives Federal financial assistance, and 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 individual, an individual
associated with the buyer or renter, or an individual who intends to live in the
residence. Other covered activities include, for example, financing, zoning practices, new
construction design, and advertising.
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 complaint, contact:
Office of Program Compliance and Disability Rights
Office of Fair Housing and Equal Opportunity
U.S. Department of Housing and Urban Development
451 7th Street, SW (Room 5242)
Washington, D.C. 20140
You may also call the Fair Housing Information Clearinghouse at:
(800) 343-3442 (voice) (800) 483-2209 (TDD)
Additionally, the 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 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, or by bringing a lawsuit in Federal
court.
For more information or to file a complaint contact:
Departmental Office of Civil Rights
Office of the Secretary
U.S. Department of Transportation
400 Seventh Street, S.W.
Washington, D.C. 20590
(202) 366-4648 (voice) (202) 366-8538 (TDD)
You may also contact:
Aviation Consumer Protection Division, C-75
U.S. Department of Transportation
400 Seventh Street, S.W.
Washington, D.C. 20590
(202) 366-2220 (voice) (202) 755-7687 (TDD)
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 prisons, jails, pretrial detention centers, juvenile correctional
facilities, publicly operated nursing homes,
and 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 rights, including 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 attention,
contact:
Special Litigation Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66400
Washington, D.C. 20035-6400
(202) 514-6255 (voice/relay)
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 parents, subject to
certain limited exceptions; the child, if 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 IEP, they 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 information, contact:
Office of Special Education Programs
U.S. Department of Education
330 C Street, S.W. (Room 3086)
Washington, D.C. 20202
(202) 205-5507 (voice) (202) 205-9754 (TDD)
Rehabilitation Act
The Rehabilitation Act prohibits discrimination on the basis of disability in programs
conducted by Federal agencies, in programs receiving Federal financial assistance, in
Federal employment, and 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 complaint, employees 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 503, contact:
Office of Federal Contract Compliance Programs
U.S. Department of Labor
200 Constitution Ave, NW
Washington, D.C. 20210
(202) 219-9423 (voice/relay)
Section 504
Section 504 states that "no qualified individual with a disability in the United
States shall be excluded from, denied the benefits of, or 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. Section 504 may
also be enforced through private lawsuits.
It is not necessary to file a complaint with a Federal agency or to receive a
"right-to-sue" letter before going to court.
For information on how to file 504 complaints with the appropriate agency, contact:
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66738
Washington, D.C. 20035-6738
(800) 514-0301 (voice) (800) 514-0383 (TDD)
Architectural Barriers Act
The Architectural Barriers Act (ABA) requires that buildings and facilities that are
designed, constructed, or altered with Federal funds, or leased by a Federal agency,
comply 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 complaint, contact:
The U.S. Architectural and Transportation Barriers Compliance Board
1331 F Street, N.W. (Suite 1000)
Washington, D.C. 20004-1111
(800) 872-2253 (voice) (800) 993-2822 (TDD)
Other
Sources of Disability Rights Information
Regional Disability and Business Technical Assistance Centers:
(800) 949-4232 (voice/TDD)
U.S. Department of Justice Internet Home Page:/crt
U.S. Department of Justice, Americans with Disabilities Act Internet Home
Page:
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