TEXT OF THE ACT

What appears below is the text of the American With Disability Act. To read each section, please click on the link.

§ 12101. Findings and purposes
(a) Findings. The Congress finds that-- (1) some 43,000,000 Americans have one or more physical or mental disabilities, and this number is increasing as the population as a whole is...

§ 12102. Definitions
As used in this chapter: (1) Auxiliary aids and services. The term ''auxiliary aids and services'' includes-- (A) qualified interpreters or other effective methods of making...

§ 12111. Definitions
As used in this subchapter: (1) Commission. The term ''Commission'' means the Equal Employment Opportunity Commission established by section 705 of the Civil Rights Act of 1964 (42...

§ 12112. Discrimination
(a) General rule. No covered entity shall discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures,...

§ 12113. Defenses.
(a) In general. It may be a defense to a charge of discrimination under this chapter that an alleged application of qualification standards, tests, or selection criteria that screen out or tend...

§ 12114. Illegal use of drugs and alcohol
(a) Qualified individual with a disability. For purposes of this subchapter, the term ''qualified individual with a disability'' shall not include any employee or applicant who is currently...

§ 12115. Posting notices
Every employer, employment agency, labor organization, or joint labor-management committee covered under this subchapter shall post notices in an accessible format to applicants, employees,...

§ 12116. Regulations
Not later than 1 year after July 26, 1990, the Commission shall issue regulations in an accessible format to carry out this subchapter in accordance with subchapter II of chapter 5 of title 5. ...

§ 12117. Enforcement
(a) Powers, remedies, and procedures. The powers, remedies, and procedures set forth in sections 705, 706, 707, 709, and 710 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-4, 2000e-5,...

§ 12131. Definition
As used in this subchapter: (1) Public entity. The term ''public entity'' means-- (A) any State or local government; (B) any department, agency, special purpose district, or...

§ 12132. Discrimination
Subject to the provisions of this subchapter, no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of...

§ 12133. Enforcement
The remedies, procedures, and rights set forth in section 505 of the Rehabilitation Act of 1973 (29 U.S.C. 794a) shall be the remedies, procedures, and rights this subchapter provides to any...

§ 12134. Regulations
(a) In general. Not later than 1 year after July 26, 1990, the Attorney General shall promulgate regulations in an accessible format that implement this division. Such regulations shall not...

§ 12141. Definitions
As used in this part: (1) Demand responsive system. The term ''demand responsive system'' means any system of providing designated public transportation which is not a fixed route system....

§ 12142. Public entities operating fixed route systems
(a) Purchase and lease of new vehicles. It shall be considered discrimination for purposes of section 12132 of this title and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) for...

§ 12143. Paratransit as a complement to fixed route service
(a) General rule. It shall be considered discrimination for purposes of section 12132 of this title and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) for a public entity...

§ 12144. Public entity operating a demand responsive system
If a public entity operates a demand responsive system, it shall be considered discrimination, for purposes of section 12132 of this title and section 504 of the Rehabilitation Act of 1973 (29...

§ 12145. Temporary relief where lifts are unavailable
(a) 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 12142(a)...

§ 12146. New facilities
For purposes of section 12132 of this title and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), it shall be considered discrimination for a public entity to construct a new facility...

§ 12147. Alterations of existing facilities
(a) 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...

§ 12148. Public transportation programs and activities in existing facilities and one car per train rule
(a) Public transportation programs and activities in existing facilities. (1) In general. With respect to existing facilities used in the provision of designated public transportation...

§ 12149. Regulations
(a) In general. Not later than 1 year after July 26, 1990, the Secretary of Transportation shall issue regulations, in an accessible format, necessary for carrying out this part (other than...

§ 12150. Interim accessibility requirements
If final regulations have not been issued pursuant to section 12149 of this title, for new construction or alterations for which a valid and appropriate State or local building permit is...

§ 12161. Definitions As used in this part
(1) Commuter authority. The term ''commuter authority'' has the meaning given such term in section 103(8) of the Rail Passenger Service Act (45 U.S.C. 502(8)). (2) Commuter rail...

§ 12162. Intercity and commuter rail actions considered discriminatory
(a) Intercity rail transportation. (1) One car per train rule. It shall be considered discrimination for purposes of section 12132 of this title and section 504 of the Rehabilitation Act of...

§ 12163. Conformance of accessibility standards
Accessibility standards included in regulations issued under this part shall be consistent with the minimum guidelines issued by the Architectural and Transportation Barriers Compliance Board...

§ 12164. Regulations
Not later than 1 year after July 26, 1990, the Secretary of Transportation shall issue regulations, in an accessible format, necessary for carrying out this part. ...

§ 12165. Interim accessibility requirements
(a) Stations. If final regulations have not been issued pursuant to section 12164 of this title, for new construction or alterations for which a valid and appropriate State or local building...

§ 12181. Definitions
As used in this subchapter: (1) Commerce. The term ''commerce'' means travel, trade, traffic, commerce, transportation, or communication-- (A) among the several States; (B) between...

§ 12182. Prohibition of discrimination by public accommodations
(a) General rule. No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or...

§ 12183. New construction and alterations in public accomodations and commercial facilities
(a) Application of term. Except as provided in subsection (b) of this section, as applied to public accommodations and commercial facilities, discrimination for purposes of section 12182(a) of...

§ 12184. Prohibition of discrimination in specified public transportation services provided by private entities
(a) General rule. No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of specified public transportation services provided by a private entity...

§ 12185. Study
(a) Purposes. The Office of Technology Assessment shall undertake a study to determine-- (1) the access needs of individuals with disabilities to over-the-road buses and over-the-road...

§ 12186. Regulations
(a) Transportation provisions. (1) General rule. Not later than 1 year after July 26, 1990, the Secretary of Transportation shall issue regulations in an accessible format to carry out...

§ 12187. Exemptions for private clubs and religious organizations
The provisions of this subchapter shall not apply to private clubs or establishments exempted from coverage under title II of the Civil Rights Act of 1964 (42 U.S.C. 2000-a(e)) or to...

§ 12188. Enforcement
(a) In general. (1) Availability of remedies and procedures. The remedies and procedures set forth in section 204(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000a-3(a)) are the remedies...

§ 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...

§ 12201. Construction
(a) In general. Except as otherwise provided in this chapter, nothing in this chapter shall be construed to apply a lesser standard than the standards applied under title V of the Rehabilitation...

§ 12202. State immunity
A State shall not be immune under the eleventh amendment to the Constitution of the United States from an action in Federal or State court of competent jurisdiction for a violation of this...

§ 12203. Prohibition against retaliation and coercion
(a) 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...

§ 12204. Regulations by the Architectural and Transportation Barriers Compliance Board
(a) Issuance of guidelines. Not later than 9 months after July 26, 1990, the Architectural and Transportation Barriers Compliance Board shall issue minimum guidelines that shall supplement...

§ 12205. Attorney's fees
In any action or administrative proceeding commenced pursuant to this chapter, the court or agency, in its discretion, may allow the prevailing party, other than the United States, a...

§ 12206. Technical assistance
(a) Plan for assistance. (1) In general. Not later than 180 days after July 26, 1990, the Attorney General, in consultation with the Chair of the Equal Employment Opportunity Commission,...

§ 12207. Federal wilderness areas
(a) 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...

§ 12208. Transvestites
For the purposes of this chapter, the term ''disabled'' or ''disability'' shall not apply to an individual solely because that individual is a transvestite. ...

§ 12209. Instrumentalities of the Congress
(a)-(b) [Deleted by P.L. 104-1, § 201(c)(3)(A).] (c) The General Accounting Office, the Government Printing Office, and the Library of Congress shall be covered as follows: (1) In...

§ 12210. Illegal use of drugs
(a) 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...

§ 12211. Definitions
(a) Homosexuality and bisexuality. For purposes of the definition of ''disability'' in section 12102(2) of this title, homosexuality and bisexuality are not impairments and as such are...

§ 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,...

§ 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...





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