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Title I -- Employment
Employers with 15 or more employees may not discriminate against qualified individuals with disabilities.
Employers must reasonably accommodate the disabilities of qualified applicants or employees, unless undue hardship would result.
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July 26, 1992, for employers with 25 or more employees
July 26,1994, for employers with 15 to 24 employees
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EEOC to issue regulations by July 26,1991.
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Individuals may file complaints with EEOC. Individuals may also file a private lawsuit.
Remedies are same as available under Title VII of the Civil Rights Act of 1964. Court may order employer to hire or promote qualified individuals, reasonably accommodate their disabilities, and pay back wages and attorneys' fees.
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Title II -- Public Services
State and local governments may not discriminate against qualified individuals with disabilities. New construction and alterations to existing facilities must be accessible. Existing facilities must meet program accessibility requirements consistent with Section 504 of the Rehabilitation Act of 1973.
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January 26,1992.
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Attorney General to issue regulations except for public transportation by July 26, 1991.
DOT to issue regulations for public transportation by July 26, 1991.
Regulations must be consistent with MGRAD.ATBCB to supplement MGRAD by April 26, 1991.
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Individuals may file complaints with DOT concerning public transportation and with other Federal agencies to be designated by the Attorney General concerning matters other than public transportation. Individuals may also file a private lawsuit.
Remedies are the same as available under Section 505 of the Rehabilitation Act of 1973. Court may order entity to make facilities accessible, provide auxiliary aids or services, modify policies, and pay attorneys' fees.
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Title III -- Public Accommodations
Public accommodations such as restaurants, hotels, theaters, doctors' offices, retail stores, museums, libraries,parks, private schools, and day care centers may not discriminate on the basis of disability.
Physical barriers in existing facilities must be removed if readily achievable (i.e., easily accomplishable and able to be carried out without much difficulty or expense). If not, alternative methods of providing services must be offered, if those methods are readily achievable.
New construction in public accommodations and commercial facilities must be accessible.
Alterations to existing facilities must be accessible. When alterations to primary function areas are made, an accessible path of travel must be provided to the altered area, and the restrooms, telephone and drinking fountains serving the altered area must also be accessible, to the extent that the added accessibility costs are not disproportionate to the overall alterations costs.
Elevators are not required in newly constructed or altered buildings under three stories or with less than 3,000 square feet per floor, unless the building is a shopping center, mall, or health provider's office. The Attorney General may determine that additional categories of such buildings require elevators.
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January 26,1992.
January 26,1992.
Facilities designed and constructed for first occupancy after January 26,1993.
January 26,1992.
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Attorney General to issue regulations except for privately operated transportation by July 26, 1991.
DOT to issue regulations for privately operated transportation by July 26,1991.
Regulations must be consistent with MGEAD.ATBCB to supplement MGRAD by April 26, 1991.
If final regulations not issued by July 26, 1991, and building permit obtained for new construction or alterations to facilities on which work begins within one year of receipt of the permit, then compliance with UFAS required. If final regulations not issued one year after MGRAD supplemented, then compliance with supplemental MGRAD required.
On application by State or local government, Attorney General, in consultation with ATBCB.may certify that State or local building codes meet or exceed Federal accessibility requirements.
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Individuals may file complaints with the Attorney General. Individuals may also file a private lawsuit.
Remedies are the same as available under Title II of the Civil Rights Act of 1964. Court may order an entity to make facilities accessible, provide auxiliary aids or services, modify policies, and pay attorneys' fees.
Lawsuits may not be filed against small businesses for violations occuring before July 26,1992, or January 26,1993, (depending on the size of the business and gross receipts), except for violations relating to new construction or alterations to facilities.
Court may award money damages and impose civil penalties in lawsuit filed by Attorney General but not in private lawsuit filed by individuals.
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