Version Sept 1989 ADA FACT SHEET The ADA will protect people with disabilities from discrimination in employment, transportation, public accommodations, activities of state and local government, and telecommunications; giving protection which is comparable to that afforded other groups on the basis of race, sex, national origin, age and religion. Most provisions go into effect 2 years after enactment, other than fixed-route publicly-funded transit vehicles. Employment: All places of employment with 25 or more employees are covered for the first 2 years; after that, employers with 15 employees or more are covered. Provisions are similar to Section 504 of the Rehabilitation Act of 1973 (application procedures must be non-discriminatory, reasonable accommodation is required unless it would pose an undue hardship, employment criteria must be substantially related to essential functions of the job, etc.) Employers may require that an individual with a currently contagious disease not pose a direct threat to the health and safety of others, and may prohibit all workplace use of drugs and alcohol. Religious entities are not restricted from preferential hiring of people holding to their particular religious tenets. Transportation (public and private): New purchased & leased bus & rail vehicles must be accessible. For publicly-funded Systems, this requirement goes into effect 30 days after passage. Comparable paratransit service must be provided unless it would pose an undue hardship. All demand-response service which is provided to the general public, and privately funded fixed-route service, may purchase only accessible vehicles unless it can be demonstrated that the service is accessible when viewed in its entirety. The exception is privately funded fixed route service which uses vehicles carrying over 16 passengers, in which case new vehicles must be accessible. Over-the-road coaches (Greyhound type buses) are exempted for six years in the case of large providers and seven years for small providers; after that, newly purchased vehicles must be accessible. The President can extend this for one year further. The bill commissions a three-year study to determine the best way to provide access to over-the-road coaches. New bus and rail facilities must be accessible. In altered facilities, the altered area must be accessible to the maximum extent feasible. In major structural alterations, a path of travel to altered areas and restrooms serving altered areas must be accessible. Existing facilities must be accessible when viewed in their entirety. Dole Archives: s-leg_553_ 004 _001_d.pdf Page 1of 3 -2- New bus and rail facilities must be accessible. In altered facilities, the altered area must be accessible to the maximum extent feasible. In major structural alterations, a path of travel to altered areas and restrooms serving altered areas must be accessible. Existing facilities must be accessible when viewed in their entirety. Rail: New vehicles must be accessible. One care per train must be accessible in no more than 5 years. Key rail stations must be accessible in no more that 3 years, with exemptions available for up to 20 years. Amtrak stations must be accessible within 20 years. Public Accommodations: Includes hotels, restaurants, theaters, halls, stores, offices, transit stations, museums, parks, schools, social service agencies, gyms. Eligibility criteria can’t discriminate. Auxiliary aids and services are required unless the public accommodation can demonstrate undue hardship. Existing facilities: Must remove barriers when such removal is readily achievable. If not, must provide alternative methods of making goods and services available. Altered facilities: altered area must be accessible to the maximum extent feasible. In major structural alterations, a path of travel to the altered area and restrooms serving the altered area must be accessible. New facilities must be accessible unless structurally impracticable, but elevators need not be provided in buildings under 3 floors or with less than 3000 square feet per floor, other than in shopping centers and health care facilities. Public Services: Activities receiving funding from state and local government are covered, with requirements as in Section 504 of the Rehabilitation Act of 1973. Telecommunications Relay Services: Telephone carriers offering services to general public {interstate and intrastate) must provide TTD relay services by 2 years after enactment. Enforcement: Administrative remedies are available. Also, private remedies comparable to those in Titles II and VII of the Civil Rights Act of 1964 are available. Attorney’s fees are available; punitive damages are not. The Attorney General can bring pattern or practice suits and seek penalties. State can be sued. Dole Archives: s-leg_553_004_001_d.pdf Page 2 of 3 Rail: New vehicles must be accessible. One car per train must be accessible in no more than 5 years. Key rails stations must be accessible in no more than 3 years, with exemptions available for up to 20 years. Amtrak stations must be accessible within 20 years. Public Accommodations: Includes hotels, restaurants, theaters, halls, stores, offices, transit stations, museums, parks, schools, social service agencies and gyms. Eligibility criteria can’t discriminate. Auxiliary aids and services are required unless the public accommodation can demonstrate undue hardship. Existing facilities: Must remove barriers when such removal is readily achievable. If not, must provide alternative methods of making goods and services available. Altered facilities: altered area must be accessible to the maximum extent feasible. In major structural alterations, a path of travel to the altered area and restrooms serving the altered area must be accessible. New facilities must be accessible unless Structurally impractical, but elevators need not be provided in buildings under 3 floors or with less than. 3000 Square feet per floor, other than in shopping centers and health care facilities. Public Services: Activities receiving funding from state and local government are covered, with requirements as in Section 504 of the Rehabilitation Act of 1973. Telecommunications Relay Services: Telephone carriers offering services to general public (interstate and intrastate) must provide TTD relay services by 2 years after enactment. Enforcement: Administrative remedies are available. Also, private remedies comparable to those Titles II and VII of the Civil Rights Act of 1964 are available. Attorney's fees are available; punitive damages are not. The Attorney General can bring pattern and practice suits and seek penalties. State can be sued. Page 3 of 3 Dole Archives: s-leg_553 004 _001_d.pdf