Sec 12189 Examinations And Courses
Any person that offers examinations or courses related to applications, licensing, certification, or credentialing for secondary or postsecondary education, professional, or trade purposes shall offer such examinations or courses in a place and manner accessible to persons with disabilities or offer alternative accessible arrangements for such individuals.
Sec 12183 New Construction And Alterations In Public Accommodations And Commercial Facilities
Application of term
Except as provided in subsection of this section, as applied to public accommodations and commercial facilities, discrimination for purposes of section 12182 of this title includes
a failure to design and construct facilities for first occupancy later than 30 months after July 26, 1990, that are readily accessible to and usable by individuals with disabilities, except where an entity can demonstrate that it is structurally impracticable to meet the requirements of such subsection in accordance with standards set forth or incorporated by reference in regulations issued under this subchapter and
Elevator
Subsection shall not be construed to require the installation of an elevator for facilities that are less than three stories or have less than 3,000 square feet per story unless the building is a shopping center, a shopping mall, or the professional office of a health care provider or unless the Attorney General determines that a particular category of such facilities requires the installation of elevators based on the usage of such facilities.
Congressional Findings In The Ada
Before setting out the law, the United States Congress made certain findings in the ADA, including:
- disabilities in no way diminish a person’s right to fully participate in all aspects of society, yet many people with physical or mental disabilities have been precluded from doing so because of discrimination
- historically, society has tended to isolate and segregate individuals with disabilities, and, despite some improvements, such forms of discrimination against individuals with disabilities continue to be a serious and pervasive social problem
- “the Nation’s proper goals regarding individuals with disabilities are to assure equality of opportunity full participation, independent living, and economic self-sufficiency
Recommended Reading: Va Disability Rating For Lower Back Pain
Us Airways Inc V Barnett
US Airways, Inc. v. Barnett was decided by the US Supreme Court in 2002. This case held that even requests for accommodation that might seem reasonable on their face, e.g., a transfer to a different position, can be rendered unreasonable because it would require a violation of the company’s seniority system. While the court held that, in general, a violation of a seniority system renders an otherwise reasonable accommodation unreasonable, a plaintiff can present evidence that, despite the seniority system, the accommodation is reasonable in the specific case at hand, e.g., the plaintiff could offer evidence that the seniority system is so often disregarded that another exception wouldn’t make a difference.
Importantly, the court held that the defendant need not provide proof that this particular application of the seniority system should prevail, and that, once the defendant showed that the accommodation violated the seniority system, it fell to Barnett to show it was nevertheless reasonable.
In this case, Barnett was a US Airways employee who injured his back, rendering him physically unable to perform his cargo-handling job. Invoking seniority, he transferred to a less-demanding mailroom job, but this position later became open to seniority-based bidding and was bid on by more senior employees. Barnett requested the accommodation of being allowed to stay on in the less-demanding mailroom job. US Airways denied his request, and he lost his job.
Sec 223 Paratransit As A Complement To Fixed Route Service
General Rule.–It shall be considered discrimination for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 for a public entity which operates a fixed route system to fail to provide with respect to the operations of its fixed route system, in accordance with this section, paratransit and other special transportation services to individuals with disabilities, including individuals who use wheelchairs, that are sufficient to provide to such individuals a level of service which is comparable to the level of designated public transportation services provided to individuals without disabilities using such system or in the case of response time, which is comparable, to the extent practicable, to the level of designated public transportation services provided to individuals without disabilities using such system.
Issuance of Regulations.–Not later than 1 year after the effective date of this subsection, the Secretary shall issue final regulations to carry out this section.
Required Contents of Regulations.–
Eligible recipients of service.–The regulations issued under this section shall require each public entity which operates a fixed route system to provide the paratransit and other special transportation services required under this section–
to any individual with a disability who has a specific impairment-related condition which prevents such individual from traveling to a boarding location or from a disembarking location on such system
You May Like: Short Term Disability For Self Employed
Sec 12210 Illegal Use Of Drugs
In general
For purposes of this chapter, the term individual with a disability does not include an individual who is currently engaging in the illegal use of drugs, when the covered entity acts on the basis of such use.
Rules of construction
Nothing in subsection of this section shall be construed to exclude as an individual with a disability an individual who
has successfully completed a supervised drug rehabilitation program and is no longer engaging in the illegal use of drugs, or has otherwise been rehabilitated successfully and is no longer engaging in such use
is participating in a supervised rehabilitation program and is no longer engaging in such use or
is erroneously regarded as engaging in such use, but is not engaging in such use
except that it shall not be a violation of this chapter for a covered entity to adopt or administer reasonable policies or procedures, including but not limited to drug testing, designed to ensure that an individual described in paragraph or is no longer engaging in the illegal use of drugs however, nothing in this section shall be construed to encourage, prohibit, restrict, or authorize the conducting of testing for the illegal use of drugs.
Health and other services
Illegal use of drugs defined
In general
Drugs
The term drug means a controlled substance, as defined in schedules I through V of section 202 of the Controlled Substances Act .
Sec 225 Temporary Relief Where Lifts Are Unavailable
Granting.–With respect to the purchase of new buses, a public entity may apply for, and the Secretary may temporarily relieve such public entity from the obligation under section 222 or 224 to purchase new buses that are readily accessible to and usable by individuals with disabilities if such public entity demonstrates to the satisfaction of the Secretary–
that the initial solicitation for new buses made by the public entity specified that all new buses were to be lift-equipped and were to be otherwise accessible to and usable by individuals with disabilities
the unavailability from any qualified manufacturer of hydraulic, electromechanical, or other lifts for such new buses
that the public entity seeking temporary relief has made good faith efforts tolocate a qualified manufacturer to supply the lifts to the manufacturer of such buses in sufficient time to comply with such solicitation and that any further delay in purchasing new buses necessary to obtain such lifts would significantly impair transportation services in the community served by the public entity.
Duration and Notice to Congress.–Any relief granted under subsection shall be limited in duration by a specified date, and the appropriate committees of Congress shall be notified of any such relief granted.
Fraudulent Application.–If, at any time, the Secretary has reasonable cause to believe that any relief granted under subsection was fraudulently applied for, the Secretary shall–
You May Like: How To Apply For Disability In Arkansas
Sec 12114 Illegal Use Of Drugs And Alcohol
Qualified individual with a disability
For purposes of this subchapter, a qualified individual with a disability shall not include any employee or applicant who is currently engaging in the illegal use of drugs, when the covered entity acts on the basis of such use.
Rules of construction
Nothing in subsection of this section shall be construed to exclude as a qualified individual with a disability an individual who
has successfully completed a supervised drug rehabilitation program and is no longer engaging in the illegal use of drugs, or has otherwise been rehabilitated successfully and is no longer engaging in such use
is participating in a supervised rehabilitation program and is no longer engaging in such use or
is erroneously regarded as engaging in such use, but is not engaging in such use
except that it shall not be a violation of this chapter for a covered entity to adopt or administer reasonable policies or procedures, including but not limited to drug testing, designed to ensure that an individual described in paragraph or is no longer engaging in the illegal use of drugs.
A covered entity
may prohibit the illegal use of drugs and the use of alcohol at the workplace by all employees
may require that employees shall not be under the influence of alcohol or be engaging in the illegal use of drugs at the workplace
may require that employees behave in conformance with the requirements established under the Drug-Free Workplace Act of 1988
Drug testing
Technology Advantages And Disadvantages
Based on this information and a specific programming, the central unit will act on certain circuits related power signals picked up by the field elements concerned. 2.5. Advantages and Disadvantages. Here, in this chapter, advantages and disadvantages will be defined. Let’s start with advantages first. Next will
Read Also: Apply For Disability In Ga
Sec 12209 Instrumentalities Of Congress
The Government Accountability Office, the Government Publishing Office, and the Library of Congress shall be covered as follows:
In general
The rights and protections under this chapter shall, subject to paragraph , apply with respect to the conduct of each instrumentality of the Congress.
Establishment of remedies and procedures by instrumentalities
The chief official of each instrumentality of the Congress shall establish remedies and procedures to be utilized with respect to the rights and protections provided pursuant to paragraph .
Report to Congress
The chief official of each instrumentality of the Congress shall, after establishing remedies and procedures for purposes of paragraph , submit to the Congress a report describing the remedies and procedures.
Definition of instrumentalities
For purposes of this section, the term instrumentality of the Congress means the following: the General Accounting Office, the Government Printing Office, and the Library of Congress.
Enforcement of employment rights
The remedies and procedures set forth in section 2000e 16 of this title shall be available to any employee of an instrumentality of the Congress who alleges a violation of the rights and protections under sections 12112 through 12114 of this title that are made applicable by this section, except that the authorities of the Equal Employment Opportunity Commission shall be exercised by the chief official of the instrumentality of the Congress.
Construction
Coweta County Ga Website
Public Notice This local government complies with the Americans with Disabilities Act of 1990, Public Law 101-336 , which prohibits discrimination on the basis of disability. The ADA, as applied to cities, counties and other local governmental entities, requires that no qualified individual with a disability shall, on the basis of a disability, be denied the benefits of local government services, programs, or activities. Accordingly, this local government WILL NOT:
- Refuse to allow a person with a disability to participate in a local government service, program, or activity simply because the person has a disability.
- Provide services or benefits to individuals with disabilities through programs that are separate or different, unless the separate programs are necessary to ensure that the benefits and services are equally effective.
- Subject individuals with disabilities to discrimination in employment under any local government, service, program, or activity.
This local government WILL:
You May Like: Student Loan Forgiveness With Disability
Sec 227 Alterations Of Existing Facilities
General Rule.–With respect to alterations of an existing facility or part thereof used in the provision of designated public transportation services that affect or could affect the usability of the facility or part thereof, it shall be considered discrimination, for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 , for a public entity to fail to make such alterations in such a manner that, to the maximum extent feasible, the altered portions of the facility are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, upon the completion of such alterations. Where the public entity is undertaking an alteration that affects or could affect usability of or access to an area of the facility containing a primary function, the entity shall also make the alterations in such a manner that, to the maximum extent feasible, the path of travel to the altered area and the bathrooms, telephones, and drinking fountains serving the altered area, are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, upon completion of such alterations, where such alterations to the path of travel or the bathrooms, telephones, and drinking fountains serving the altered area are not disproportionate to the overall alterations in terms of cost and scope .
Special Rule for Stations.–
Rapid rail and light rail key stations.–
One Car Per Train Rule.–
Sec 12212 Alternative Means Of Dispute Resolution
Where appropriate and to the extent authorized by law, the use of alternative means of dispute resolution, including settlement negotiations, conciliation, facilitation, mediation, fact-finding, minitrials, and arbitration, is encouraged to resolve disputes arising under this chapter.
Sec. 12213. Severability
Should any provision in this chapter be found to be unconstitutional by a court of law, such provision shall be severed from the remainder of the chapter, and such action shall not affect the enforceability of the remaining provisions of the chapter.
Read Also: Long Term Disability Insurance Companies
Sec 222 Public Entities Operating Fixed Route Systems
Purchase and Lease of New Vehicles.–It shall be considered discrimination for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 for a public entity which operates a fixed route system to purchase or lease a new bus, a new rapid rail vehicle, a new light rail vehicle, or any other new vehicle to be used on such system, if the solicitation for such purchase or lease is made after the 30th day following the effective date of this subsection and if such bus, rail vehicle, or other vehicle is not readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs.
Purchase and Lease of Used Vehicles.–Subject to subsection , it shall be considered discrimination for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 for a public entity which operates a fixed route system to purchase or lease, after the 30th day following the effective date of this subsection, a used vehicle for use on such system unless such entity makes demonstrated good faith efforts to purchase or lease a used vehicle for use on such system that is readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs.
Remanufactured Vehicles.–
to remanufacture a vehicle for use on such system so as to extend its usable life for 5 years or more, which remanufacture begins after the 30th day following the effective date of this subsection or
Examples Of Ada Accommodations
Examples of reasonable accommodations in housing include:
- Assigning a handicapped parking space for persons with mobility impairments
- Allowing a tenant with mobility issues to live on a ground-floor unit
- Changing a tenants payment schedule to accommodate when they receive income assistance
- Installing a grab bar in a tenants shower
- Allowing a tenant to bring a service pet in a no pets apartment building
- Installing a ramp into the entrance of a building for persons in wheelchairs
You May Like: Free Dental Implants For Disabled
Sec 507 Federal Wilderness Areas
Study.–The National Council on Disability shall conduct a study and report on the effect that wilderness designations and wilderness land management practices have on the ability of individuals with disabilities to use and enjoy the National Wilderness Preservation System as established under the Wilderness Act .
Submission of Report.–Not later than 1 year after the enactment of this Act, the National Council on Disability shall submit the report required under subsection to Congress.
Specific Wilderness Access.–
In general.–Congress reaffirms that nothing in the Wilderness Act is to be construed as prohibiting the use of a wheelchair in a wilderness area by an individual whose disability requires use of a wheelchair, and consistent with the Wilderness Act no agency is required to provide any form of special treatment or accommodation, or to construct any facilities or modify any conditions of lands within a wilderness area in order to facilitate such use.
Definition.–For purposes of paragraph , the term “wheelchair” means a device designed solely for use by a mobility-impaired person for locomotion, that is suitable for use in an indoor pedestrian area.
Prohibition Against Retaliation And Coercion
SEC. 12203.
Retaliation. – No person shall discriminate against any individual because such individual has opposed any act or practice made unlawful by this chapter or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this chapter.
Interference, coercion, or intimidation. – It shall be unlawful to coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by this chapter.
Remedies and procedures. – The remedies and procedures available under sections 12117, 12133, and 12188 of this title shall be available to aggrieved persons for violations of subsections and of this section, with respect to subchapter I, subchapter II and subchapter III, respectively, of this chapter .
AMERICANS WITH DISABILITIES ACT OF 1990. – The amendments made by section 3 shall apply to claims of discrimination in compensation brought under title I and section 503 of the Americans with Disabilities Act of 1990 , pursuant to section 107 of such Act ), which adopts the powers, remedies, and procedures set forth in section 706 of the Civil Rights Act of 1964 .
Don’t Miss: Va Disability Sleep Apnea Eligibility Criteria