Enforcement of Disability Laws
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.”
Through lawsuits and settlement agreements, the U.S. Department of Justice (DOJ) has achieved greater access for individuals with disabilities in hundreds of cases. Under general rules governing lawsuits brought by the Federal government, the DOJ may not sue a party unless negotiations to settle the dispute have failed.
The U.S. Department of Justice may file lawsuits in federal court to enforce the ADA, and courts may order compensatory damages and back pay to remedy discrimination if the Department prevails. Under title III, the Department of Justice may also obtain civil penalties of up to $55,000 for the first violation and $110,000 for any subsequent violation. For additional information regarding enforcement of disability rights, follow this link to the DOJ publication A Guide to Disability Rights Laws
ADA Standards for Accessible Design
This PDF version (4.5 MB file) of the ADA Standards contains the full formatted text and graphic, as published in the Code of Federal Regulations, complete with links to figures, graphics and cross-referenced sections, making it easier for users to quickly read and understand related requirements. Due to the size of the file, it may take some time to open unless a high speed internet connection is used. The file may be downloaded and saved to a computer and once this is done, it may be viewed without having to use the Internet.
ADA Enforcement Status Reports
The Department of Justice issues quarterly status reports that cover selected ADA activities of the Department. Copies may be ordered by calling the ADA Information Line. You may also download an ASCII text version of each status report. Reports from 1997 and later are also available in PDF (Adobe Acrobat format).
ADA & IT Technical Assistance Centers U.S. Dept. of Education—NIDRR: Enforcement
This web site is an Americans with Disabilities Act (ADA) Document Portal.
American Association of People with Disabilities (AAPD)
AAPD is the largest national non-profit cross-disability member organization in the United States, dedicated to ensuring economic self-sufficiency and political empowerment for Americans with disabilities. AAPD works in coalition with other disability organizations for the full implementation and enforcement of disability non-discrimination laws, particularly the Americans with Disabilities Act (ADA) of 1990 and the Rehabilitation Act of 1973.
National Association of Protection and Advocacy Systems, Inc.
NAPAS is the voluntary national membership association of Protection and Advocacy Systems and Client Assistance Programs. It assumes leadership in promoting and strengthening the role and performance of is members in providing quality legally-based advocacy services.