This guide serves as a definitive resource, outlining the pivotal Federal civil rights laws designed to ensure equal opportunity for individuals with disabilities within the United States. It aims to define and explain these complex legal frameworks in an accessible manner, empowering individuals to understand their rights and the protections afforded to them. For those seeking deeper insights into the application of these laws, we provide clear pathways to connect with relevant agencies and support organizations.
Americans with Disabilities Act (ADA): Defining Broad Protections
The Americans with Disabilities Act (ADA) stands as a landmark piece of legislation, defining disability rights in the US. It comprehensively prohibits discrimination based on disability across various spheres of life, including:
- Employment: Ensuring fair opportunities in the workplace.
- State and Local Government Services: Guaranteeing equal access to public services.
- Public Accommodations: Mandating accessibility in businesses and public spaces.
- Commercial Facilities: Setting standards for accessible building design.
- Transportation: Promoting accessible transportation systems.
- Telecommunications: Facilitating communication access.
- US Congress: Applying anti-discrimination principles to the legislative branch.
The ADA’s definition of disability is crucial to understanding its scope. It protects individuals who:
- Have a physical or mental impairment that substantially limits one or more major life activities.
- Have a history or record of such an impairment.
- Are perceived by others as having such an impairment.
This broad definition ensures wide-ranging protection without explicitly listing every covered impairment.
ADA Title I: Defining Employment Rights
Title I of the ADA specifically defines employer responsibilities in ensuring equal employment opportunities for qualified individuals with disabilities. Applicable to employers with 15 or more employees, Title I mandates:
- Equal Opportunity: Individuals with disabilities must have equal access to the full spectrum of employment-related opportunities.
- Prohibition of Discrimination: Discrimination is forbidden in all aspects of employment, including recruitment, hiring, advancement, training, compensation, social activities, and benefits.
- Pre-Offer Inquiries: Restrictions are placed on disability-related questions during the application process before a job offer is extended.
- Reasonable Accommodation: Employers are required to provide reasonable accommodations to known physical or mental limitations of otherwise qualified individuals with disabilities, unless such accommodations pose an undue hardship on the employer’s operations.
- Religious Entities: Religious organizations with 15 or more employees are also covered under Title I.
To address violations of Title I, individuals must file complaints with the U.S. Equal Employment Opportunity Commission (EEOC) within 180 days of the discriminatory act, extending to 300 days if a state or local fair employment practice agency is involved. Legal action in Federal court can only be initiated after receiving a “right-to-sue” letter from the EEOC.
For filing employment discrimination charges based on disability, contact any U.S. Equal Employment Opportunity Commission field office. These offices are located across 50 cities in the U.S., typically listed under “U.S. Government” in phone directories. To locate the appropriate EEOC field office:
(800) 669-4000 (voice)
(800) 669-6820 (TTY)
(844) 234-5122 (VP)
www.eeoc.gov
For guidance on accommodating individuals with specific disabilities, the Job Accommodation Network offers resources and support:
(800) 526-7234 (voice)
(877) 781-9403 (TTY)
askjan.org
ADA Title II: Defining State and Local Government Responsibilities
Title II of the ADA defines the obligations of State and local governments to ensure equal access for people with disabilities. It applies to all activities of these government entities, regardless of size or federal funding, ensuring that:
- Equal Benefit: People with disabilities are entitled to equal opportunities to benefit from all programs, services, and activities offered by State and local governments. This encompasses areas such as public education, employment, transportation, recreation, healthcare, social services, courts, voting, and public meetings.
- Accessibility Standards: State and local governments must adhere to specific architectural standards in new construction and alterations of buildings.
- Program Accessibility: Existing inaccessible older buildings must be made programmatically accessible, potentially through relocation or alternative access methods.
- Effective Communication: Communication with individuals with hearing, vision, or speech disabilities must be effective and accessible.
- Reasonable Modifications: Reasonable modifications to policies, practices, and procedures are required to prevent discrimination, unless they fundamentally alter the nature of the service, program, or activity or create undue financial and administrative burdens.
Complaints regarding Title II violations can be filed with the Department of Justice within 180 days of the discriminatory action. In certain cases, mediation programs may be offered. The Department of Justice retains the authority to file lawsuits to address unresolved violations. For further information or to file a complaint, 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
Private lawsuits in Federal court are also a means of enforcing Title II, without requiring prior complaints to the DOJ or a “right-to-sue” letter.
ADA Title II: Defining Accessible Public Transportation
Within Title II, specific provisions define accessible public transportation. This section focuses on ensuring that public transportation services, such as city buses, subways, commuter rails, and Amtrak, are non-discriminatory and accessible:
- Non-discrimination Mandate: Public transportation authorities cannot discriminate against individuals with disabilities in service provision.
- Accessible Vehicle Acquisition: New vehicle purchases must comply with accessibility standards. Good faith efforts are required to acquire or lease accessible used buses and to remanufacture buses in an accessible manner.
- Paratransit Services: Unless it creates undue burden, paratransit services must be provided in areas with fixed-route bus or rail systems. Paratransit is a specialized service for individuals unable to independently use the regular transit system due to disability, providing door-to-door transportation.
For inquiries or complaints about public transportation accessibility, 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: Defining Public Accommodations and Services
Title III of the ADA defines the scope of public accommodations, covering businesses and non-profit service providers that serve the public. This includes a wide range of entities:
- Public Accommodations Examples: Restaurants, retail stores, hotels, movie theaters, private schools, convention centers, doctor’s offices, homeless shelters, transportation depots, zoos, funeral homes, day care centers, and recreational facilities like stadiums and gyms.
- Private Transportation: Transportation services offered by private entities are also included.
- Courses and Examinations: Entities offering courses and exams related to professional, educational, or trade-related applications, licensing, certifications, or credentialing are covered.
- Commercial Facilities: Factories and warehouses are also subject to certain accessibility requirements.
Title III sets forth several key requirements for these entities:
- Basic Non-discrimination: Prohibits exclusion, segregation, and unequal treatment based on disability.
- Architectural Accessibility: Compliance with architectural standards for new and altered buildings.
- Reasonable Modifications: Mandates reasonable modifications to policies, practices, and procedures to ensure accessibility.
- Effective Communication: Requires effective communication with people with hearing, vision, or speech disabilities.
- Barrier Removal: Existing barriers in buildings must be removed if easily achievable without significant difficulty or expense, considering the entity’s resources.
- Accessible Courses and Exams: Courses and exams must be offered in accessible locations and formats, or alternative accessible arrangements must be provided.
- Commercial Facility Standards: Commercial facilities must adhere to ADA architectural standards for new construction and alterations.
Complaints of Title III violations can be filed with the Department of Justice. Mediation may be offered in certain cases. The Department can initiate lawsuits in cases of pattern or practice of discrimination or issues of significant public importance. Private lawsuits are also permitted for Title III enforcement, without needing to file a DOJ complaint or obtain a “right-to-sue” letter first. For more information, 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: Defining Telecommunications Relay Services
Title IV of the ADA defines accessibility in telecommunications for individuals with hearing and speech disabilities. It mandates:
- Telecommunications Relay Services (TRS): Common carriers (telephone companies) must establish interstate and intrastate TRS, operating 24/7. TRS facilitates communication between users of TTYs/TDDs (devices used by people with hearing and speech disabilities) and voice telephone users via a communication assistant.
- FCC Standards: The Federal Communications Commission (FCC) sets minimum standards for TRS services.
- Closed Captioning: Federally funded public service announcements must include closed captioning.
For information regarding 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: Defining Accessible Technology
The Telecommunications Act of 1996, through Section 255 and Section 251(a)(2) of the Communications Act of 1934, defines accessibility requirements for telecommunications equipment and services. It mandates that:
- Accessibility Mandate: Manufacturers of telecommunications equipment and providers of telecommunications services must ensure their offerings are accessible and usable by individuals with disabilities, if readily achievable.
- Broad Product and Service Coverage: This act aims to ensure accessibility across a wide array of products and services, including telephones, cell phones, pagers, call waiting, and operator services, which historically presented accessibility barriers.
For further details, 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/cgb/dro
Fair Housing Act: Defining Non-Discriminatory Housing
The Fair Housing Act, amended in 1988, defines fair housing practices, prohibiting housing discrimination based on:
- Race
- Color
- Religion
- Sex
- Disability
- Familial Status
- National Origin
This protection extends across:
- Private Housing
- Federally Funded Housing
- State and Local Government Housing
Discriminatory practices are illegal in all aspects of housing, including selling or renting, and denying housing based on the disability of the buyer/renter, associated individuals, or intended residents. The Act also covers financing, zoning, new construction design, and advertising.
Key provisions of the Fair Housing Act include:
- Reasonable Accommodation in Policies: Housing facilities must make reasonable exceptions to their policies and operations to provide equal housing opportunities for people with disabilities (e.g., allowing a guide dog despite a “no pets” policy).
- Reasonable Modifications: Landlords must permit tenants with disabilities to make reasonable access-related modifications to their private and common use spaces (tenant typically bears the cost).
- Accessible New Construction: New multifamily housing with four or more units must be designed and built to be accessible, including accessible common areas, wheelchair-accessible doors, maneuverable kitchens and bathrooms, and adaptable features within units.
Complaints regarding Fair Housing Act violations can be filed with the U.S. Department of Housing and Urban Development (HUD). For more information or to file a complaint, 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 accessibility questions related to 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 HUD publications, contact the Customer Service Center:
(800) 767-7468 (voice/relay)
The Department of Justice can also pursue cases involving patterns or practices of discrimination. Private lawsuits are also an avenue for enforcing the Fair Housing Act.
Air Carrier Access Act: Defining Accessible Air Travel
The Air Carrier Access Act defines rights in air transportation, prohibiting discrimination by domestic and foreign air carriers against qualified individuals with physical or mental impairments. It applies to air carriers offering scheduled public services and covers:
- Broad Non-discrimination: Prohibits discrimination in air travel based on disability.
- Accessibility Requirements: Addresses various accessibility aspects, including boarding assistance and accessibility features in new aircraft and airport facilities.
Enforcement of rights under the Air Carrier Access Act is through complaints filed with the U.S. Department of Transportation. For information or complaints, 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: Defining Accessible Voting
The Voting Accessibility for the Elderly and Handicapped Act of 1984 defines accessibility in voting, mandating:
- Polling Place Accessibility: Polling places across the US must be physically accessible to people with disabilities for federal elections.
- Alternative Voting Methods: If an accessible polling location is unavailable, alternative ballot casting methods must be provided on election day.
- Registration and Voting Aids: States must offer registration and voting aids for disabled and elderly voters, including information via TTYs or similar devices.
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)
National Voter Registration Act: Defining Easier Voter Registration
The National Voter Registration Act of 1993, or “Motor Voter Act,” defines easier voter registration processes, aiming to increase voter participation, especially among minorities and people with disabilities who have historically faced lower registration rates due to discrimination. It requires:
- Voter Registration at Service Agencies: State-funded programs primarily serving people with disabilities must provide voter registration forms to all applicants, assist with completion, and transmit forms to state officials.
For 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)
www.justice.gov/crt/voting-section
Civil Rights of Institutionalized Persons Act: Defining Protection in Institutions
The Civil Rights of Institutionalized Persons Act (CRIPA) defines the Attorney General’s authority to investigate conditions in state and local government institutions, such as:
- Prisons and Jails
- Pretrial Detention Centers
- Juvenile Correctional Facilities
- Publicly Operated Nursing Homes
- Institutions for People with Psychiatric or Developmental Disabilities
CRIPA aims to address widespread deficiencies endangering resident health and safety. It does not cover isolated incidents or individual representation.
The Attorney General can initiate civil lawsuits if conditions are “egregious or flagrant,” causing “grievous harm,” and part of a “pattern or practice” of resisting residents’ federal rights, including ADA Title II and Section 504 of the Rehabilitation Act. To bring a matter to the DOJ’s attention, 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: Defining Educational Rights
The Individuals with Disabilities Education Act (IDEA) defines the right to free and appropriate public education (FAPE) for eligible children with disabilities. It requires public schools to:
- Free Appropriate Public Education (FAPE): Provide FAPE in the least restrictive environment suited to individual needs for all eligible children with disabilities.
- Individualized Education Programs (IEPs): Develop IEPs for each child, outlining specific special education and related services based on individual needs.
- IEP Development Procedures: Follow specific procedures for IEP development, involving a team including teachers, parents (with exceptions), the child (if appropriate), agency representatives, and others. IEPs must be reviewed at least annually.
- Due Process: Parents disagreeing with the proposed IEP can request a due process hearing and state educational agency review, with appeals to state or federal court possible.
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: Defining Non-discrimination in Federally Funded Programs
The Rehabilitation Act defines non-discrimination based on disability in:
- Federal agency programs
- Federally funded programs
- Federal employment
- Employment practices of federal contractors
Employment discrimination standards under the Rehabilitation Act align with ADA Title I.
Section 501: Defining Federal Agency Employment Responsibilities
Section 501 of the Rehabilitation Act defines affirmative action and non-discrimination in federal executive branch agency employment. For information or complaints, employees should contact their agency’s Equal Employment Opportunity Office.
Section 503: Defining Federal Contractor Employment Responsibilities
Section 503 of the Rehabilitation Act defines affirmative action and prohibits employment discrimination by federal government contractors and subcontractors with contracts exceeding $10,000. For more information, 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: Defining Non-discrimination in Federally Assisted Programs
Section 504 of the Rehabilitation Act defines that no qualified individual with a disability shall face discrimination in any program or activity receiving federal financial assistance or conducted by any Executive agency or the US Postal Service. It mandates:
- Program Accessibility: Programs must be accessible to people with disabilities.
- Reasonable Accommodation for Employees: Employers must provide reasonable accommodations to employees with disabilities.
- Effective Communication: Effective communication with people with hearing or vision disabilities is required.
- Accessible New Construction and Alterations: New construction and alterations must be accessible.
Each federal agency enforces its own Section 504 regulations. For filing complaints, 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: Defining Accessible Federal Technology
Section 508 of the Rehabilitation Act defines accessibility standards for electronic and information technology developed, maintained, procured, or used by the federal government. It requires federal electronic and information technology to be accessible to people with disabilities, including employees and the public.
Accessible IT systems should be versatile and not reliant on a single sense or ability. For example, systems should offer more than just visual or audio output to accommodate diverse needs. Assistive software or devices may be necessary for Section 508 compliance. For more information, 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: Defining Accessible Buildings
The Architectural Barriers Act (ABA) defines accessibility standards for buildings and facilities designed, constructed, altered, or leased with federal funds. It mandates compliance with federal physical accessibility standards in new and altered buildings and newly leased facilities. ABA focuses on architectural standards, not activities within the buildings. US Postal Service facilities are covered. For information or complaints, 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
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
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 offers informal guidance for understanding the ADA and related regulations. It is not a legally binding document and is subject to change at the Department of Justice’s discretion. This document does not establish legally enforceable responsibilities beyond the explicit requirements of statutes, regulations, or binding judicial precedent.
