E i The determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of mitigating measures such as-.
I medication, medical supplies, equipment, or appliances, low-vision devices which do not include ordinary eyeglasses or contact lenses , prosthetics including limbs and devices, hearing aids and cochlear implants or other implantable hearing devices, mobility devices, or oxygen therapy equipment and supplies;.
I the term "ordinary eyeglasses or contact lenses" means lenses that are intended to fully correct visual acuity or eliminate refractive error; and. II the term "low-vision devices" means devices that magnify, enhance, or otherwise augment a visual image. A qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments;. B qualified readers, taped texts, or other effective methods of making visually delivered materials available to individuals with visual impairments;.
With respect to employment in a foreign country, such term includes an individual who is a citizen of the United States. A In general. Such term does not include the use of a drug taken under supervision by a licensed health care professional, or other uses authorized by the Controlled Substances Act or other provisions of Federal law. B Drugs. For the purposes of this subchapter, consideration shall be given to the employer's judgment as to what functions of a job are essential, and if an employer has prepared a written description before advertising or interviewing applicants for the job, this description shall be considered evidence of the essential functions of the job.
A making existing facilities used by employees readily accessible to and usable by individuals with disabilities; and. B Factors to be considered. B that perpetuate the discrimination of others who are subject to common administrative control;.
B denying employment opportunities to a job applicant or employee who is an otherwise qualified individual with a disability, if such denial is based on the need of such covered entity to make reasonable accommodation to the physical or mental impairments of the employee or applicant;. A Presumption. B Exception. C Determination. A Prohibited examination or inquiry. B Acceptable inquiry. B information obtained regarding the medical condition or history of the applicant is collected and maintained on separate forms and in separate medical files and is treated as a confidential medical record, except that-.
A Prohibited examinations and inquiries. B Acceptable examinations and inquiries. C Requirement. A review all infectious and communicable diseases which may be transmitted through handling the food supply;. B publish a list of infectious and communicable diseases which are transmitted through handling the food supply;. D widely disseminate such information regarding the list of diseases and their modes of transmissibility to the general public.
Such list shall be updated annually. Field offices are located in 50 cities throughout the U. For information on how to accommodate a specific individual with a disability, contact the Job Accommodation Network at:. Title II covers all activities of State and local governments regardless of the government entity's size or receipt of Federal funding. Title II requires that State and local governments give people with disabilities an equal opportunity to benefit from all of their programs, services, and activities e.
State and local governments are required to follow specific architectural standards in the new construction and alteration of their buildings.
They also must relocate programs or otherwise provide access in inaccessible older buildings, and communicate effectively with people who have hearing, vision, or speech disabilities. Public entities are not required to take actions that would result in undue financial and administrative burdens. They are required to make reasonable modifications to policies, practices, and procedures where necessary to avoid discrimination, unless they can demonstrate that doing so would fundamentally alter the nature of the service, program, or activity being provided.
Complaints of title II violations may be filed with the Department of Justice within days of the date of discrimination. In certain situations, cases may be referred to a mediation program sponsored by the Department. The Department may bring a lawsuit where it has investigated a matter and has been unable to resolve violations. For more information, contact:. Disability Rights Section Washington, D.
Title II may also be enforced through private lawsuits in Federal court. It is not necessary to file a complaint with the Department of Justice DOJ or any other Federal agency, or to receive a "right-to-sue" letter, before going to court. The transportation provisions of title II cover public transportation services, such as city buses and public rail transit e. Public transportation authorities may not discriminate against people with disabilities in the provision of their services.
They must comply with requirements for accessibility in newly purchased vehicles, make good faith efforts to purchase or lease accessible used buses, remanufacture buses in an accessible manner, and, unless it would result in an undue burden, provide paratransit where they operate fixed-route bus or rail systems.
Paratransit is a service where individuals who are unable to use the regular transit system independently because of a physical or mental impairment are picked up and dropped off at their destinations. Questions and complaints about public transportation should be directed to:. Title III covers businesses and nonprofit service providers that are public accommodations, privately operated entities offering certain types of courses and examinations, privately operated transportation, and commercial facilities.
Public accommodations are private entities who own, lease, lease to, or operate facilities such as restaurants, retail stores, hotels, movie theaters, private schools, convention centers, doctors' offices, homeless shelters, transportation depots, zoos, funeral homes, day care centers, and recreation facilities including sports stadiums and fitness clubs.
Transportation services provided by private entities are also covered by title III. Public accommodations must comply with basic nondiscrimination requirements that prohibit exclusion, segregation, and unequal treatment.
They also must comply with specific requirements related to architectural standards for new and altered buildings; reasonable modifications to policies, practices, and procedures; effective communication with people with hearing, vision, or speech disabilities; and other access requirements.
Additionally, public accommodations must remove barriers in existing buildings where it is easy to do so without much difficulty or expense, given the public accommodation's resources. Courses and examinations related to professional, educational, or trade-related applications, licensing, certifications, or credentialing must be provided in a place and manner accessible to people with disabilities, or alternative accessible arrangements must be offered.
Commercial facilities, such as factories and warehouses, must comply with the ADA's architectural standards for new construction and alterations. The Department is authorized to bring a lawsuit where there is a pattern or practice of discrimination in violation of title III, or where an act of discrimination raises an issue of general public importance.
Title III may also be enforced through private lawsuits. It is not necessary to file a complaint with the Department of Justice or any Federal agency , or to receive a "right-to-sue" letter, before going to court.
It requires common carriers telephone companies to establish interstate and intrastate telecommunications relay services TRS 24 hours a day, 7 days a week. TRS enables callers with hearing and speech disabilities who use TTYs also known as TDDs , and callers who use voice telephones to communicate with each other through a third party communications assistant.
Title IV also requires closed captioning of Federally funded public service announcements. Federal Communications Commission 12th Street, S. Washington, D. Section and Section a 2 of the Communications Act of , as amended by the Telecommunications Act of , require manufacturers of telecommunications equipment and providers of telecommunications services to ensure that such equipment and services are accessible to and usable by persons with disabilities, if readily achievable.
These amendments ensure that people with disabilities will have access to a broad range of products and services such as telephones, cell phones, pagers, call-waiting, and operator services, that were often inaccessible to many users with disabilities. The Fair Housing Act, as amended in , prohibits housing discrimination on the basis of race, color, religion, sex, disability, familial status, and national origin.
Its coverage includes private housing, housing that receives Federal financial assistance, and State and local government housing. It is unlawful to discriminate in any aspect of selling or renting housing or to deny a dwelling to a buyer or renter because of the disability of that individual, an individual associated with the buyer or renter, or an individual who intends to live in the residence.
Other covered activities include, for example, financing, zoning practices, new construction design, and advertising. It applies to all state and local governments, their departments and agencies, and any other instrumentalities or special purpose districts of state or local governments. It clarifies the requirements of section of the Rehabilitation Act of , as amended, for public transportation systems that receive federal financial assistance, and extends coverage to all public entities that provide public transportation, whether or not they receive federal financial assistance.
It establishes detailed standards for the operation of public transit systems, including commuter and intercity rail e. This title outlines the administrative processes to be followed, including requirements for self-evaluation and planning; requirements for making reasonable modifications to policies, practices, and procedures where necessary to avoid discrimination; architectural barriers to be identified; and the need for effective communication with people with hearing, vision and speech disabilities.
This title is regulated and enforced by the U. Department of Justice. This title prohibits private places of public accommodation from discriminating against individuals with disabilities.
This title sets the minimum standards for accessibility for alterations and new construction of facilities. It also requires public accommodations to remove barriers in existing buildings where it is easy to do so without much difficulty or expense. This title directs businesses to make "reasonable modifications" to their usual ways of doing things when serving people with disabilities. It also requires that they take steps necessary to communicate effectively with customers with vision, hearing, and speech disabilities.
This title requires telephone and Internet companies to provide a nationwide system of interstate and intrastate telecommunications relay services that allows individuals with hearing and speech disabilities to communicate over the telephone. This title also requires closed captioning of federally funded public service announcements. This title is regulated by the Federal Communication Commission.
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