This guide offers a detailed exploration of the federal civil rights laws in the United States designed to guarantee equal opportunities for individuals with disabilities. For those seeking comprehensive information on how these laws might apply to their specific circumstances, we encourage you to reach out to the agencies and organizations detailed below. This resource serves as your guide to navigating the complex landscape of disability rights legislation.
Navigating Disability Rights: Key Laws and Resources
To help you better understand this crucial topic, we’ve compiled specific guidance and resources.
The Americans with Disabilities Act (ADA): A Comprehensive Guide
The Americans with Disabilities Act (ADA) stands as a landmark piece of legislation, prohibiting discrimination based on disability across various sectors of society. This includes employment, state and local government services, public accommodations, commercial facilities, transportation, and telecommunications. Importantly, the ADA’s protections extend to the U.S. Congress as well.
Under the ADA, protection is afforded to individuals who have a disability, have a history of disability, or are associated with someone with a disability. The ADA defines disability broadly, encompassing individuals with physical or mental impairments that substantially limit one or more major life activities, those with a record of such impairments, or those perceived as having such impairments. It’s important to note that the ADA does not provide an exhaustive list of covered impairments, ensuring broad protection.
ADA Title I: Your Guide to Employment Rights
Title I of the ADA is specifically focused on employment. It mandates that employers with 15 or more employees provide equal employment opportunities to qualified individuals with disabilities. This means ensuring access to the full spectrum of employment-related opportunities, from recruitment and hiring to promotions, training, compensation, social activities, and other employment privileges. Discriminatory practices are prohibited at every stage.
Employers are restricted from inquiring about an applicant’s disability status before a job offer is made, safeguarding against pre-employment discrimination. Furthermore, employers are obligated to provide reasonable accommodations to address the known physical or mental limitations of otherwise qualified individuals with disabilities. This requirement is in place unless such accommodations would impose an undue hardship on the employer’s operations. Religious entities with 15 or more employees are also subject to the provisions of Title I.
To pursue a Title I complaint, individuals must file with the U.S. Equal Employment Opportunity Commission (EEOC) within 180 days of the alleged discrimination. This timeframe extends to 300 days if the charge is also filed with a designated State or local fair employment practice agency. Before filing a lawsuit in Federal court, individuals must first receive a “right-to-sue” letter from the EEOC.
Charges of employment discrimination based on disability can be filed at any U.S. Equal Employment Opportunity Commission field office. These offices are located in 50 cities across the U.S., and contact details can typically be found in telephone directories under “U.S. Government.” To locate the nearest EEOC field office, you can contact them directly:
(800) 669-4000 (voice)
(800) 669-6820 (TTY)
(844) 234-5122 (VP)
www.eeoc.gov
For specialized guidance on accommodating individuals with specific disabilities, the Job Accommodation Network is a valuable resource:
(800) 526-7234 (voice)
(877) 781-9403 (TTY)
askjan.org
ADA Title II: A Guide to State and Local Government Services
Title II of the ADA extends protections to all activities of State and local governments, irrespective of their size or federal funding status. This title ensures that people with disabilities have equal access to all government programs, services, and activities. These encompass a wide range of areas, including public education, employment, transportation, recreation, healthcare, social services, courts, voting, and public meetings.
State and local governments are mandated to adhere to specific architectural standards in the construction and alteration of their buildings to ensure accessibility. They are also required to make programs accessible in older buildings, potentially through relocation or other modifications. Effective communication with individuals who have hearing, vision, or speech disabilities is also a key requirement. While public entities are not obliged to undertake actions that would result in undue financial and administrative burdens, they must make reasonable modifications to policies, practices, and procedures to prevent discrimination, unless such modifications would fundamentally alter the nature of the service, program, or activity.
Complaints regarding Title II violations can be filed with the Department of Justice within 180 days of the discriminatory act. In certain cases, these complaints may be referred to a mediation program sponsored by the Department. The Department of Justice has the authority to initiate lawsuits if investigations reveal unresolved violations. For further information, please contact:
U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, N.W.
Disability Rights Section
Washington, D.C. 20530
800-514-0301 (voice)
1-833-610-1264 (TTY)
ADA.gov
Title II rights can also be enforced through private lawsuits in Federal court. It’s important to note that filing a complaint with the DOJ or receiving a “right-to-sue” letter is not a prerequisite for initiating court action.
ADA Title II: Public Transportation Guidelines
The transportation provisions within Title II specifically address public transportation services, such as city buses, subways, commuter rails, and Amtrak. Public transportation authorities are prohibited from discriminating against individuals with disabilities in service provision. They are required to meet accessibility standards in newly purchased vehicles, make good-faith efforts to acquire or lease accessible used buses, ensure buses are remanufactured in an accessible manner, and, unless it poses an undue burden, provide paratransit services in areas where fixed-route bus or rail systems operate. Paratransit is a specialized service designed for individuals who cannot independently use the regular transit system due to physical or mental impairments, offering pick-up and drop-off services at their desired destinations. For questions or complaints related to public transportation accessibility, please contact:
Office of Civil Rights
Federal Transit Administration
U.S. Department of Transportation
1200 New Jersey Avenue, SE
Washington, D.C. 20590
(888) 446-4511 (voice/relay)
www.fta.dot.gov/ada
ADA Title III: Your Guide to Public Accommodations and Services
Title III of the ADA extends nondiscrimination requirements to public accommodations, which include businesses and non-profit service providers. This covers privately operated entities offering specific courses and examinations, private transportation services, and commercial facilities. Public accommodations are defined as private entities that own, lease, or operate facilities like restaurants, retail stores, hotels, cinemas, private schools, convention centers, doctors’ offices, homeless shelters, transportation depots, zoos, funeral homes, daycare centers, and recreational facilities, including sports stadiums and fitness centers. Transportation services provided by private entities also fall under Title III.
Public accommodations are mandated to adhere to fundamental nondiscrimination principles, prohibiting exclusion, segregation, and unequal treatment. They must also comply with specific accessibility requirements related to architectural standards for new and altered buildings, make reasonable modifications to policies, practices, and procedures, ensure effective communication with individuals with hearing, vision, or speech disabilities, and meet other access-related standards. Furthermore, public accommodations are required to remove architectural barriers in existing buildings when it is readily achievable without significant difficulty or expense, considering the entity’s resources.
Courses and examinations related to professional, educational, or trade-related applications, licensing, certifications, or credentialing must be offered in accessible locations and formats, or alternative accessible arrangements must be provided. Commercial facilities, such as factories and warehouses, are required to comply with ADA architectural standards for new construction and alterations.
Complaints regarding Title III violations can be filed with the Department of Justice. Similar to Title II, some cases may be referred to a mediation program sponsored by the Department. The Department of Justice is authorized to initiate lawsuits in cases involving a pattern or practice of discrimination under Title III or when a discriminatory act raises a significant issue of public importance. Private lawsuits are also a means of enforcing Title III rights, and filing a complaint with the DOJ or receiving a “right-to-sue” letter is not required before pursuing legal action. For more information, please contact:
U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, N.W.
Disability Rights Section
Washington, D.C. 20530
800-514-0301 (voice)
1-833-610-1264 (TTY)
ADA.gov
ADA Title IV: Telecommunications Guide for Accessible Communication
Title IV of the ADA focuses on ensuring telephone and television access for individuals with hearing and speech disabilities. It mandates that common carriers (telephone companies) establish interstate and intrastate telecommunications relay services (TRS) around the clock, 24/7. TRS enables communication between individuals with hearing and speech disabilities who use TTYs (also known as TDDs) and those using voice telephones, facilitated by a third-party communications assistant. The Federal Communications Commission (FCC) has established minimum standards for TRS services. Title IV also requires closed captioning for federally funded public service announcements. For further details about TRS, contact the FCC:
Federal Communications Commission
445 12th Street, S.W.
Washington, D.C. 20554
(888) 225-5322 (Voice)
(888) 835-5322 (TTY)
www.fcc.gov/general/disability-rights-office
Telecommunications Act: Enhancing Accessibility in Communication Technology
Section 255 and Section 251(a)(2) of the Communications Act of 1934, updated by the Telecommunications Act of 1996, require manufacturers of telecommunications equipment and providers of telecommunications services to ensure their products and services are accessible and usable by individuals with disabilities, provided it is readily achievable. These amendments significantly expanded access to a wide array of telecommunications products and services, such as telephones, cell phones, pagers, call-waiting, and operator services, which were previously inaccessible to many individuals with disabilities. For more information, contact:
Federal Communications Commission
445 12th Street, S.W.
Washington, D.C. 20554
(888) 225-5322 (Voice)
(888) 835-5322 (TTY)
www.fcc.gov/cgb/dro
Fair Housing Act: Your Guide to Non-Discriminatory Housing
The Fair Housing Act, amended in 1988, prohibits housing discrimination based on race, color, religion, sex, disability, familial status, and national origin. This protection extends to private housing, housing receiving federal financial assistance, and state and local government housing. Discrimination is unlawful in any aspect of selling or renting housing, including denying housing to a buyer or renter due to their disability, the disability of someone associated with them, or a person intending to reside there. The Act’s coverage also includes financing, zoning practices, new construction design, and advertising.
The Fair Housing Act requires housing facility owners to make reasonable accommodations in their policies and operations to provide equal housing opportunities for people with disabilities. For instance, a landlord with a “no pets” policy may be required to allow a blind tenant to keep a guide dog. Landlords are also required to permit tenants with disabilities to make reasonable access-related modifications to their private living spaces and common areas (though the landlord is not obligated to finance these changes). Furthermore, new multifamily housing with four or more units must be designed and constructed to be accessible to people with disabilities, including accessible common areas, wheelchair-accessible doors, kitchens, and bathrooms, and other adaptable features within units.
Complaints of Fair Housing Act violations can be filed with the U.S. Department of Housing and Urban Development. For more information or to file a complaint, please contact:
Office of Compliance and Disability Rights Division
Office of Fair Housing and Equal Opportunity
U.S. Department of Housing and Urban Development
451 7th Street, S.W., Room 5242
Washington, D.C. 20410
(800) 669-9777 (voice)
(800) 927-9275 (TTY)
https://www.hud.gov/program_offices/fair_housing_equal_opp/disability_main
For questions about the accessibility provisions of the Fair Housing Act, contact Fair Housing Accessibility FIRST:
(888) 341-7781 (voice/TTY)
https://www.hud.gov/program_offices/fair_housing_equal_opp/accessibility_first_home
For publications, you can contact the Housing and Urban Development Customer Service Center:
(800) 767-7468 (voice/relay)
The Department of Justice can also pursue cases involving a pattern or practice of discrimination under the Fair Housing Act, which can also be enforced through private lawsuits.
Air Carrier Access Act: Ensuring Accessible Air Travel
The Air Carrier Access Act prohibits discrimination in air transportation by both domestic and foreign air carriers against qualified individuals with physical or mental impairments. This law applies to air carriers providing regularly scheduled services for public hire. It addresses various aspects of air travel accessibility, including boarding assistance and specific accessibility features in newly built aircraft and new or altered airport facilities. Individuals can enforce their rights under this act by filing a complaint with the U.S. Department of Transportation. For more information or to file a complaint, contact:
Aviation Consumer Protection Division, C-75
U.S. Department of Transportation
1200 New Jersey Avenue, S.E.
Washington, D.C. 20590
(202) 366-2220 (voice)
(202) 366-0511 (TTY)
(800) 778-4838 (voice)
(800) 455-9880 (TTY)
www.transportation.gov/airconsumer/disability
Voting Accessibility for the Elderly and Handicapped Act: A Guide to Accessible Voting
The Voting Accessibility for the Elderly and Handicapped Act of 1984 mandates that polling places across the United States be physically accessible to people with disabilities for federal elections. If an accessible polling location is not available, political subdivisions must provide an alternative means of casting a ballot on election day. This law also requires states to provide registration and voting aids for elderly and disabled voters, including information via TTYs or similar devices. For further details, contact:
U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, N.W.
Voting Section – 4CON 8th Floor
Washington, D.C. 20530
(800) 253-3931 (voice/TTY)
National Voter Registration Act: Expanding Voting Access for All
The National Voter Registration Act of 1993, also known as the “Motor Voter Act,” aims to simplify voter registration for all Americans, particularly minorities and persons with disabilities who have historically faced lower registration rates due to discrimination. The Act requires all offices of State-funded programs primarily serving persons with disabilities to offer voter registration forms to all program applicants, assist them in completion, and transmit completed forms to the relevant State official. For more information, contact:
U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, N.W.
Voting Section – 4CON 8th Floor
Washington, D.C. 20530
(800) 253-3931 (voice/TTY)
www.justice.gov/crt/voting-section
Civil Rights of Institutionalized Persons Act (CRIPA): Protecting Rights in Institutions
The Civil Rights of Institutionalized Persons Act (CRIPA) empowers the U.S. Attorney General to investigate conditions of confinement within State and local government institutions. These include prisons, jails, pretrial detention centers, juvenile correctional facilities, publicly operated nursing homes, and institutions for individuals with psychiatric or developmental disabilities. CRIPA’s purpose is to identify and rectify widespread deficiencies that pose serious risks to the health and safety of institutional residents. It’s important to note that CRIPA does not authorize investigations into isolated incidents or representation of individual institutionalized persons.
The Attorney General can initiate civil lawsuits if there is reasonable cause to believe that conditions are “egregious or flagrant,” causing “grievous harm” to residents, and represent a “pattern or practice” of resistance to residents’ full enjoyment of constitutional or Federal rights, including Title II of the ADA and Section 504 of the Rehabilitation Act. To report a matter to the Department of Justice or for further information, contact:
U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, N.W.
Special Litigation Section
Washington, D.C. 20530
(877) 218-5228 (voice/TTY)
https://www.justice.gov/crt/rights-persons-disabilities
Individuals with Disabilities Education Act (IDEA): Your Guide to Inclusive Education
The Individuals with Disabilities Education Act (IDEA), formerly known as the Education for all Handicapped Children Act of 1975, ensures that public schools provide all eligible children with disabilities a Free Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE) suitable for their individual needs.
IDEA mandates the development of Individualized Education Programs (IEPs) for each eligible child. These IEPs detail specific special education and related services tailored to each student’s unique needs.
The IEP development process under IDEA requires specific procedures, including a team approach. Each student’s IEP must be created by a team of knowledgeable individuals, including the child’s teacher, parents (with limited exceptions), the child (if appropriate), a qualified agency representative, and others at the parents’ or agency’s discretion. IEPs are reviewed at least annually.
Parents who disagree with a proposed IEP can request a due process hearing and, if applicable in their state, a review from the State educational agency. Decisions from the State agency can be appealed to State or Federal court. For more information, contact:
Office of Special Education and Rehabilitative Services
U.S. Department of Education
400 Maryland Avenue, S.W.
Washington, D.C. 20202-7100
(202) 245-7459 (voice/TTY)
https://www.ed.gov/about/ed-offices/osers
Rehabilitation Act: A Broad Guide to Non-Discrimination
The Rehabilitation Act prohibits disability-based discrimination in programs conducted by federal agencies, programs receiving federal financial assistance, federal employment, and the employment practices of federal contractors. The standards for determining employment discrimination under the Rehabilitation Act align with those used in Title I of the Americans with Disabilities Act.
Section 501: Federal Employment Non-Discrimination
Section 501 mandates affirmative action and non-discrimination in federal executive branch agency employment. Employees seeking further information or wishing to file a complaint should contact their agency’s Equal Employment Opportunity Office.
Section 503: Federal Contractor Non-Discrimination
Section 503 requires affirmative action and prohibits employment discrimination by federal government contractors and subcontractors holding contracts exceeding $10,000. For more information on Section 503, contact:
Office of Federal Contract Compliance Programs
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, D.C. 20210
(800) 397-6251 (voice)
(877) 889-5627 (TTY)
www.dol.gov/agencies/ofccp
Section 504: Non-Discrimination in Federally Funded Programs
Section 504 states that “no qualified individual with a disability in the United States shall be excluded from, denied the benefits of, or be subjected to discrimination under” any program or activity receiving Federal financial assistance or conducted by any Executive agency or the United States Postal Service.
Each federal agency has its own Section 504 regulations applicable to its programs. Agencies providing federal financial aid also have Section 504 regulations for entities receiving that aid. Common requirements include reasonable accommodation for employees with disabilities, program accessibility, effective communication for individuals with hearing or vision disabilities, and accessible new construction and alterations. Each agency is responsible for enforcing its regulations.
For information on filing Section 504 complaints with the appropriate agency, contact:
U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, N.W.
Disability Rights Section
Washington, D.C. 20530
800-514-0301 (voice)
1-833-610-1264 (TTY)
ADA.gov
Section 508: Accessible Federal Technology Guide
Section 508 establishes accessibility requirements for electronic and information technology developed, maintained, procured, or used by the federal government. It mandates that federal electronic and information technology be accessible to individuals with disabilities, including both employees and the public.
An accessible information technology system is designed to be operated in multiple ways, avoiding reliance on a single sense or ability of the user. For example, systems providing output solely in visual or audio formats may not be accessible to individuals with visual or hearing impairments, respectively. Some individuals with disabilities may require assistive software or devices to use Section 508-compliant systems. For further information on Section 508, contact:
U.S. General Services Administration
Office of Enterprise Planning and Governance
CIO 508 Coordinator
1800 F Street, N.W.
Washington, DC 20405-0001
www.gsa.gov/portal/content/105254
U.S. Architectural and Transportation Barriers Compliance Board
1331 F Street, N.W., Suite 1000
Washington, DC 20004-1111
800-872-2253 (voice)
800-993-2822 (TTY)
www.access-board.gov
Architectural Barriers Act (ABA): A Guide to Accessible Buildings
The Architectural Barriers Act (ABA) requires that buildings and facilities designed, constructed, or altered with federal funds, or leased by a federal agency, adhere to federal standards for physical accessibility. ABA requirements focus on architectural standards in new and altered buildings and newly leased facilities, but do not govern the activities within these buildings. Facilities of the U.S. Postal Service are covered by the ABA. For more information or to file a complaint, contact:
U.S. Architectural and Transportation Barriers Compliance Board
1331 F Street, N.W., Suite 1000
Washington, D.C. 20004-1111
(800) 872-2253 (voice)
(800) 993-2822 (TTY)
www.access-board.gov
General Sources of Disability Rights Information: Your Starting Point
ADA Information Line
800-514-0301 (voice)
1-833-610-1264 (TTY)
ADA.gov
ADA National Network
(800) 949-4232 (voice/TTY)
www.adata.org
Statute Citations: Legal References
Air Carrier Access Act of 1986 49 U.S.C. § 41705
Implementing Regulation: 14 CFR Part 382
Americans with Disabilities Act of 1990 42 U.S.C. §§ 12101 et seq.
Implementing Regulations: 29 CFR Parts 1630, 1602 (Title I, EEOC) 28 CFR Part 35 (Title II, Department of Justice) 49 CFR Parts 27, 37, 38 (Title II, III, Department of Transportation) 28 CFR Part 36 (Title III, Department of Justice) 47 CFR §§ 64.601 et seq. (Title IV, FCC)
Architectural Barriers Act of 1968 42 U.S.C. §§ 4151 et seq.
Implementing Regulation: 41 CFR Subpart 101-19.6
Civil Rights of Institutionalized Persons Act 42 U.S.C. §§ 1997 et seq.
Fair Housing Amendments Act of 1988 42 U.S.C. §§ 3601 et seq.
Implementing Regulation: 24 CFR Parts 100 et seq.
Individuals with Disabilities Education Act 20 U.S.C. §§ 1400 et seq.
Implementing Regulation: 34 CFR Part 300
National Voter Registration Act of 1993 42 U.S.C. §§ 1973gg et seq.
Section 501 of the Rehabilitation Act of 1973, as amended 29 U.S.C. § 791
Implementing Regulation: 29 CFR § 1614.203
Section 503 of the Rehabilitation Act of 1973, as amended 29 U.S.C. § 793
Implementing Regulation: 41 CFR Part 60-741
Section 504 of the Rehabilitation Act of 1973, as amended 29 U.S.C. § 794
Over 20 Implementing Regulations for federally assisted programs, including: 34 CFR Part 104 (Department of Education), 45 CFR Part 84 (Department of Health and Human Services), 28 CFR §§ 42.501 et seq. Over 95 Implementing Regulations for federally conducted programs, including: 28 CFR Part 39 (Department of Justice)
Section 508 of the Rehabilitation Act of 1973, as amended 29 U.S.C. § 794d
Telecommunications Act of 1996 47 U.S.C. §§ 255, 251(a)(2)
Voting Accessibility for the Elderly and Handicapped Act of 1984 42 U.S.C. §§ 1973ee et seq.
This guide is provided by the Department of Justice to offer technical assistance to individuals and entities regarding their rights and responsibilities under the Americans with Disabilities Act. It is intended as informal guidance to aid in understanding the ADA and related regulations.
Please note that this document is not a final agency action, has no legally binding effect, and may be subject to change or rescission at the Department’s discretion, in accordance with applicable laws. This guidance does not establish legally enforceable responsibilities beyond those explicitly stated in the relevant statutes, regulations, or binding judicial precedents.
