Attachment 03 American with Disabilities Act 9ADA) of 1990 (Pub L. 101-336).pdf

1 Section 102(a) of Public Law 104–1 (109 Stat. 5) provides in part as follows: ‘‘The following laws shall apply, as prescribed by this Act, to the legislative branch of the Federal Govern-ment:’’. Such section includes the Americans with Disabilities Act of 1990 as one of the relevant laws. See paragraph (3) of section 102(a).

AMERICANS WITH DISABILITIES ACT OF 1990 1

[Public Law 101–336; Enacted July 26, 1990]

[As Amended Through Public Law 113–287, December 19, 2014] øCurrency: This publication is a compilation of the text of Public Law 101-336. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https:// www.govinfo.gov/app/collection/comps¿ øNote: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents.

The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).¿

AN ACT To establish a clear and comprehensive prohibition of discrimination on the basis of disability.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ø42 U.S.C. 12101¿ SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Americans with Disabilities Act of 1990’’.

(b) TABLE OF CONTENTS.—The table of contents is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings and purposes.

Sec. 3. Definition of disability.

Sec. 4. Additional definitions.

TITLE I—EMPLOYMENT

Sec. 101. Definitions.

Sec. 102. Discrimination.

Sec. 103. Defenses.

Sec. 104. Illegal use of drugs and alcohol.

Sec. 105. Posting notices.

Sec. 106. Regulations.

Sec. 107. Enforcement.

Sec. 108. Effective date.

TITLE II—PUBLIC SERVICES

subtitle SUBTITLE SUBTITLE A—PROHIBITION AGAINST DISCRIMINATION AND OTHER

GENERALLY APPLICABLE PROVISIONSSUBTITLE

Sec. 201. Definition.

Sec. 202. Discrimination.

Sec. 203. Enforcement.

Sec. 204. Regulations.

Sec. 205. Effective date.

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January 30, 2020

G:\COMP\EDV\AMERICANS WITH DISABILITIES ACT OF 1990.XML

As Amended Through Public Law 113-287, December 19, 2014

2 Sec. 2 AMERICANS WITH DISABILITIES ACT OF 1990 subtitle SUBTITLE SUBTITLE B—ACTIONS APPLICABLE TO PUBLIC TRANSPORTATION

PROVIDED BY PUBLIC ENTITIES CONSIDERED DISCRIMINATORYSUBTITLE

PART I—PUBLIC TRANSPORTATION OTHER THAN BY AIRCRAFT OR CERTAIN RAIL

OPERATIONS

Sec. 221. Definitions.

Sec. 222. Public entities operating fixed route systems.

Sec. 223. Paratransit as a complement to fixed route service.

Sec. 224. Public entity operating a demand responsive system.

Sec. 225. Temporary relief where lifts are unavailable.

Sec. 226. New facilities.

Sec. 227. Alterations of existing facilities.

Sec. 228. Public transportation programs and activities in existing facilities and one car per train rule.

Sec. 229. Regulations.

Sec. 230. Interim accessibility requirements.

Sec. 231. Effective date.

PART II—PUBLIC TRANSPORTATION BY INTERCITY AND COMMUTER RAIL

Sec. 241. Definitions.

Sec. 242. Intercity and commuter rail actions considered discriminatory.

Sec. 243. Conformance of accessibility standards.

Sec. 244. Regulations.

Sec. 245. Interim accessibility requirements.

Sec. 246. Effective date.

TITLE III—PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY

PRIVATE ENTITIES

Sec. 301. Definitions.

Sec. 302. Prohibition of discrimination by public accommodations.

Sec. 303. New construction and alterations in public accommodations and commer-cial facilities.

Sec. 304. Prohibition of discrimination in specified public transportation services provided by private entities.

Sec. 305. Study.

Sec. 306. Regulations.

Sec. 307. Exemptions for private clubs and religious organizations.

Sec. 308. Enforcement.

Sec. 309. Examinations and courses.

Sec. 310. Effective date.

TITLE IV—TELECOMMUNICATIONS

Sec. 401. Telecommunications relay services for hearing-impaired and speech-im-paired individuals.

Sec. 402. Closed-captioning of public service announcements.

TITLE V—MISCELLANEOUS PROVISIONS

Sec. 501. Construction.

Sec. 502. State immunity.

Sec. 503. Prohibition against retaliation and coercion.

Sec. 504. Regulations by the Architectural and Transportation Barriers Compliance

Board.

Sec. 505. Attorney’s fees.

Sec. 506. Rule of construction regarding regulatory authority.

Sec. 507. Technical assistance.

Sec. 508. Federal wilderness areas.

Sec. 509. Transvestites.

Sec. 510. Coverage of Congress and the agencies of the legislative branch.

Sec. 511. Illegal use of drugs.

Sec. 512. Definitions.

Sec. 513. Amendments to the Rehabilitation Act.

Sec. 514. Alternative means of dispute resolution.

Sec. 515. Severability.

SEC. 2. ø42 U.S.C. 12101¿ FINDINGS AND PURPOSES.

(a) FINDINGS.—The Congress finds that—

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3 Sec. 2 AMERICANS WITH DISABILITIES ACT OF 1990

(1) physical or mental disabilities in no way diminish a person’s right to fully participate in all aspects of society, yet many people with physical or mental disabilities have been precluded from doing so because of discrimination; others who have a record of a disability or are regarded as having a dis-ability also have been subjected to discrimination;

(2) historically, society has tended to isolate and segregate individuals with disabilities, and, despite some improvements, such forms of discrimination against individuals with disabil-ities continue to be a serious and pervasive social problem;

(3) discrimination against individuals with disabilities per-sists in such critical areas as employment, housing, public ac-commodations, education, transportation, communication, recreation, institutionalization, health services, voting, and ac-cess to public services;

(4) unlike individuals who have experienced discrimination on the basis of race, color, sex, national origin, religion, or age, individuals who have experienced discrimination on the basis of disability have often had no legal recourse to redress such discrimination;

(5) individuals with disabilities continually encounter var-ious forms of discrimination, including outright intentional ex-clusion, the discriminatory effects of architectural, transpor-tation, and communication barriers, overprotective rules and policies, failure to make modifications to existing facilities and practices, exclusionary qualification standards and criteria, segregation, and relegation to lesser services, programs, activi-ties, benefits, jobs, or other opportunities;

(6) census data, national polls, and other studies have doc-umented that people with disabilities, as a group, occupy an in-ferior status in our society, and are severely disadvantaged so-cially, vocationally, economically, and educationally;

(7) the Nation’s proper goals regarding individuals with disabilities are to assure equality of opportunity, full participa-tion, independent living, and economic self-sufficiency for such individuals; and

(8) the continuing existence of unfair and unnecessary dis-crimination and prejudice denies people with disabilities the opportunity to compete on an equal basis and to pursue those opportunities for which our free society is justifiably famous, and costs the United States billions of dollars in unnecessary expenses resulting from dependency and nonproductivity.

(b) PURPOSE.—It is the purpose of this Act—

(1) to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities;

(2) to provide clear, strong, consistent, enforceable stand-ards addressing discrimination against individuals with dis-abilities;

(3) to ensure that the Federal Government plays a central role in enforcing the standards established in this Act on be-half of individuals with disabilities; and

(4) to invoke the sweep of congressional authority, includ-ing the power to enforce the fourteenth amendment and to reg-

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4 Sec. 3 AMERICANS WITH DISABILITIES ACT OF 1990 ulate commerce, in order to address the major areas of dis-crimination faced day-to-day by people with disabilities.

SEC. 3. ø42 U.S.C. 12102¿ DEFINITION OF DISABILITY.

As used in this Act:

(1) DISABILITY.—The term ‘‘disability’’ means, with respect to an individual—

(A) a physical or mental impairment that substantially limits one or more major life activities of such individual;

(B) a record of such an impairment; or

(C) being regarded as having such an impairment (as described in paragraph (3)).

(2) MAJOR LIFE ACTIVITIES.—

(A) IN GENERAL.—For purposes of paragraph (1), major life activities include, but are not limited to, caring for one-self, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, com-municating, and working.

(B) MAJOR BODILY FUNCTIONS.—For purposes of para-graph (1), a major life activity also includes the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, diges-tive, bowel, bladder, neurological, brain, respiratory, cir-culatory, endocrine, and reproductive functions.

(3) REGARDED AS HAVING SUCH AN IMPAIRMENT.—For pur-poses of paragraph (1)(C):

(A) An individual meets the requirement of ‘‘being re-garded as having such an impairment’’ if the individual es-tablishes that he or she has been subjected to an action prohibited under this Act because of an actual or perceived physical or mental impairment whether or not the impair-ment limits or is perceived to limit a major life activity.

(B) Paragraph (1)(C) shall not apply to impairments that are transitory and minor. A transitory impairment is an impairment with an actual or expected duration of 6 months or less.

(4) RULES OF CONSTRUCTION REGARDING THE DEFINITION OF

DISABILITY.—The definition of ‘‘disability’’ in paragraph (1) shall be construed in accordance with the following:

(A) The definition of disability in this Act shall be con-strued in favor of broad coverage of individuals under this Act, to the maximum extent permitted by the terms of this Act.

(B) The term ‘‘substantially limits’’ shall be inter-preted consistently with the findings and purposes of the ADA Amendments Act of 2008.

(C) An impairment that substantially limits one major life activity need not limit other major life activities in order to be considered a disability.

(D) An impairment that is episodic or in remission is a disability if it would substantially limit a major life ac-tivity when active.

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5 Sec. 101 AMERICANS WITH DISABILITIES ACT OF 1990

2 With respect to the applicability of this title to the legislative branch of the Federal Govern-ment, see section 201 of Public Law 104–1 (109 Stat. 7). (See also footnote 1 on page 79.) Section

Continued

(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 ap-pliances, low-vision devices (which do not include ordi-nary eyeglasses or contact lenses), prosthetics includ-ing limbs and devices, hearing aids and cochlear im-plants or other implantable hearing devices, mobility devices, or oxygen therapy equipment and supplies;

(II) use of assistive technology;

(III) reasonable accommodations or auxiliary aids or services; or (IV) learned behavioral or adaptive neurological modifications.

(ii) The ameliorative effects of the mitigating measures of ordinary eyeglasses or contact lenses shall be considered in de-termining whether an impairment substantially limits a major life activity.

(iii) As used in this subparagraph—

(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.

SEC. 4. ø42 U.S.C. 12103¿ ADDITIONAL DEFINITIONS.

As used in this Act:

(1) AUXILIARY AIDS AND SERVICES.—The term ‘‘auxiliary aids and services’’ includes—

(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;

(C) acquisition or modification of equipment or devices;

and

(D) other similar services and actions.

(2) STATE.—The term ‘‘State’’ means each of the several

States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands of the United States, the Trust Territory of the Pacific Islands, and the Com-monwealth of the Northern Mariana Islands.

TITLE I—EMPLOYMENT 2

SEC. 101. ø42 U.S.C. 12111¿ DEFINITIONS.

As used in this title:

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6 Sec. 101 AMERICANS WITH DISABILITIES ACT OF 1990

201(d) provides as follows: ‘‘This section shall take effect 1 year after the date of the enactment of this Act.’’. Such Public Law was enacted on January 23, 1995.

(1) COMMISSION.—The term ‘‘Commission’’ means the Equal Employment Opportunity Commission established by section 705 of the Civil Rights Act of 1964 (42 U.S.C. 2000e– 4).

(2) COVERED ENTITY.—The term ‘‘covered entity’’ means an employer, employment agency, labor organization, or joint labor-management committee.

(3) DIRECT THREAT.—The term ‘‘direct threat’’ means a sig-nificant risk to the health or safety of others that cannot be eliminated by reasonable accommodation.

(4) EMPLOYEE.—The term ‘‘employee’’ means an individual employed by an employer. With respect to employment in a for-eign country, such term includes an individual who is a citizen of the United States.

(5) EMPLOYER.—

(A) IN GENERAL.—The term ‘‘employer’’ means a per-son engaged in an industry affecting commerce who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such person, except that, for two years following the effective date of this title, an employer means a person engaged in an industry affecting commerce who has 25 or more employees for each working day in each of 20 or more calendar weeks in the current or pre-ceding year, and any agent of such person.

(B) EXCEPTIONS.—The term ‘‘employer’’ does not in-clude—

(i) the United States, a corporation wholly owned by the government of the United States, or an Indian tribe; or

(ii) a bona fide private membership club (other than a labor organization) that is exempt from tax-ation under section 501(c) of the Internal Revenue Code of 1986.

(6) ILLEGAL USE OF DRUGS.—

(A) IN GENERAL.—The term ‘‘illegal use of drugs’’ means the use of drugs, the possession or distribution of which is unlawful under the Controlled Substances Act (21 U.S.C. 812). Such term does not include the use of a drug taken under supervision by a licensed health care profes-sional, or other uses authorized by the Controlled Sub-stances Act or other provisions of Federal law.

(B) DRUGS.—The term ‘‘drug’’ means a controlled sub-stance, as defined in schedules I through V of section 202 of the Controlled Substances Act.

(7) PERSON, ETC.—The terms ‘‘person’’, ‘‘labor organiza-tion’’, ‘‘employment agency’’, ‘‘commerce’’, and ‘‘industry affect-ing commerce’’, shall have the same meaning given such terms in section 701 of the Civil Rights Act of 1964 (42 U.S.C. 2000e).

(8) QUALIFIED INDIVIDUAL.—The term ‘‘qualified indi-vidual’’ means an individual who, with or without reasonable

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7 Sec. 102 AMERICANS WITH DISABILITIES ACT OF 1990 accommodation, can perform the essential functions of the em-ployment position that such individual holds or desires. For the purposes of this title, consideration shall be given to the em-ployer’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 descrip-tion shall be considered evidence of the essential functions of the job.

(9) REASONABLE ACCOMMODATION.—The term ‘‘reasonable accommodation’’ may include—

(A) making existing facilities used by employees read-ily accessible to and usable by individuals with disabilities;

and

(B) job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate ad-justment or modifications of examinations, training mate-rials or policies, the provision of qualified readers or inter-preters, and other similar accommodations for individuals with disabilities.

(10) UNDUE HARDSHIP.—

(A) IN GENERAL.—The term ‘‘undue hardship’’ means an action requiring significant difficulty or expense, when considered in light of the factors set forth in subparagraph (B).

(B) FACTORS TO BE CONSIDERED.—In determining whether an accommodation would impose an undue hard-ship on a covered entity, factors to be considered include—

(i) the nature and cost of the accommodation need-ed under this Act;

(ii) the overall financial resources of the facility or facilities involved in the provision of the reasonable accommodation; the number of persons employed at such facility; the effect on expenses and resources, or the impact otherwise of such accommodation upon the operation of the facility;

(iii) the overall financial resources of the covered entity; the overall size of the business of a covered en-tity with respect to the number of its employees; the number, type, and location of its facilities; and

(iv) the type of operation or operations of the cov-ered entity, including the composition, structure, and functions of the workforce of such entity; the geo-graphic separateness, administrative, or fiscal rela-tionship of the facility or facilities in question to the covered entity.

SEC. 102. ø42 U.S.C. 12112¿ DISCRIMINATION.

(a) GENERAL RULE.—No covered entity shall discriminate against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or dis-charge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.

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8 Sec. 102 AMERICANS WITH DISABILITIES ACT OF 1990

(b) CONSTRUCTION.—As used in subsection (a), the term ‘‘dis-criminate against a qualified individual on the basis of disability’’ includes—

(1) limiting, segregating, or classifying a job applicant or employee in a way that adversely affects the opportunities or status of such applicant or employee because of the disability of such applicant or employee;

(2) participating in a contractual or other arrangement or relationship that has the effect of subjecting a covered entity’s qualified applicant or employee with a disability to the dis-crimination prohibited by this title (such relationship includes a relationship with an employment or referral agency, labor union, an organization providing fringe benefits to an employee of the covered entity, or an organization providing training and apprenticeship programs);

(3) utilizing standards, criteria, or methods of administra-tion—

(A) that have the effect of discrimination on the basis of disability; or

(B) that perpetuate the discrimination of others who are subject to common administrative control;

(4) excluding or otherwise denying equal jobs or benefits to a qualified individual because of the known disability of an in-dividual with whom the qualified individual is known to have a relationship or association;

(5)(A) not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless such covered entity can demonstrate that the accommo-dation would impose an undue hardship on the operation of the business of such covered entity; or

(B) denying employment opportunities to a job applicant or employee who is an otherwise qualified individual with a dis-ability, if such denial is based on the need of such covered enti-ty to make reasonable accommodation to the physical or men-tal impairments of the employee or applicant;

(6) using qualification standards, employment tests or other selection criteria that screen out or tend to screen out an individual with a disability or a class of individuals with dis-abilities unless the standard, test or other selection criteria, as used by the covered entity, is shown to be job-related for the position in question and is consistent with business necessity;

and

(7) failing to select and administer tests concerning em-ployment in the most effective manner to ensure that, when such test is administered to a job applicant or employee who has a disability that impairs sensory, manual, or speaking skills, such test results accurately reflect the skills, aptitude, or whatever other factor of such applicant or employee that such test purports to measure, rather than reflecting the im-paired sensory, manual, or speaking skills of such employee or applicant (except where such skills are the factors that the test purports to measure).

(c) COVERED ENTITIES IN FOREIGN COUNTRIES.—

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9 Sec. 102 AMERICANS WITH DISABILITIES ACT OF 1990

(1) IN GENERAL.—It shall not be unlawful under this sec-tion for a covered entity to take any action that constitutes dis-crimination under this section with respect to an employee in a workplace in a foreign country if compliance with this section would cause such covered entity to violate the law of the for-eign country in which such workplace is located.

(2) CONTROL OF CORPORATION.—

(A) PRESUMPTION.—If an employer controls a corpora-tion whose place of incorporation is a foreign country, any practice that constitutes discrimination under this section and is engaged in by such corporation shall be presumed to be engaged in by such employer.

(B) EXCEPTION.—This section shall not apply with re-spect to the foreign operations of an employer that is a for-eign person not controlled by an American employer.

(C) DETERMINATION.—For purposes of this paragraph, the determination of whether an employer controls a cor-poration shall be based on—

(i) the interrelation of operations;

(ii) the common management;

(iii) the centralized control of labor relations; and

(iv) the common ownership or financial control, of the employer and the corporation.

(d) MEDICAL EXAMINATIONS AND INQUIRIES.—

(1) IN GENERAL.—The prohibition against discrimination as referred to in subsection (a) shall include medical examinations and inquiries.

(2) PREEMPLOYMENT.—

(A) PROHIBITED EXAMINATION OR INQUIRY.—Except as provided in paragraph (3), a covered entity shall not con-duct a medical examination or make inquiries of a job ap-plicant as to whether such applicant is an individual with a disability or as to the nature or severity of such dis-ability.

(B) ACCEPTABLE INQUIRY.—A covered entity may make preemployment inquiries into the ability of an applicant to perform job-related functions.

(3) EMPLOYMENT ENTRANCE EXAMINATION.—A covered enti-ty may require a medical examination after an offer of employ-ment has been made to a job applicant and prior to the com-mencement of the employment duties of such applicant, and may condition an offer of employment on the results of such examination, if—

(A) all entering employees are subjected to such an ex-amination regardless of disability;

(B) information obtained regarding the medical condi-tion 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—

(i) supervisors and managers may be informed re-garding necessary restrictions on the work or duties of the employee and necessary accommodations;

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10 Sec. 103 AMERICANS WITH DISABILITIES ACT OF 1990

(ii) first aid and safety personnel may be in-formed, when appropriate, if the disability might re-quire emergency treatment; and

(iii) government officials investigating compliance with this Act shall be provided relevant information on request; and

(C) the results of such examination are used only in accordance with this title.

(4) EXAMINATION AND INQUIRY.—

(A) PROHIBITED EXAMINATIONS AND INQUIRIES.—A cov-ered entity shall not require a medical examination and shall not make inquiries of an employee as to whether such employee is an individual with a disability or as to the nature or severity of the disability, unless such exam-ination or inquiry is shown to be job-related and consistent with business necessity.

(B) ACCEPTABLE EXAMINATIONS AND INQUIRIES.—A cov-ered entity may conduct voluntary medical examinations, including voluntary medical histories, which are part of an employee health program available to employees at that work site. A covered entity may make inquiries into the ability of an employee to perform job-related functions.

(C) REQUIREMENT.—Information obtained under sub-paragraph (B) regarding the medical condition or history of any employee are subject to the requirements of subpara-graphs (B) and (C) of paragraph (3).

SEC. 103. ø42 U.S.C. 12113¿ DEFENSES.

(a) IN GENERAL.—It may be a defense to a charge of discrimi-nation under this Act that an alleged application of qualification standards, tests, or selection criteria that screen out or tend to screen out or otherwise deny a job or benefit to an individual with a disability has been shown to be job-related and consistent with business necessity, and such performance cannot be accomplished by reasonable accommodation, as required under this title.

(b) QUALIFICATION STANDARDS.—The term ‘‘qualification stand-ards’’ may include a requirement that an individual shall not pose a direct threat to the health or safety of other individuals in the workplace.

(c) QUALIFICATION STANDARDS AND TESTS RELATED TO UNCOR- RECTED VISION.—Notwithstanding section 3(4)(E)(ii), a covered en-tity shall not use qualification standards, employment tests, or other selection criteria based on an individual’s uncorrected vision unless the standard, test, or other selection criteria, as used by the covered entity, is shown to be job-related for the position in ques-tion and consistent with business necessity.

(d) RELIGIOUS ENTITIES.—

(1) IN GENERAL.—This title shall not prohibit a religious corporation, association, educational institution, or society from giving preference in employment to individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities.

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11 Sec. 104 AMERICANS WITH DISABILITIES ACT OF 1990

(2) RELIGIOUS TENETS REQUIREMENT.—Under this title, a religious organization may require that all applicants and em-ployees conform to the religious tenets of such organization.

(e) LIST OF INFECTIOUS AND COMMUNICABLE DISEASES.—

(1) IN GENERAL.—The Secretary of Health and Human Services, not later than 6 months after the date of enactment of this Act, shall—

(A) review all infectious and communicable diseases which may be transmitted through handling the food sup-ply;

(B) publish a list of infectious and communicable dis-eases which are transmitted through handling the food supply;

(C) publish the methods by which such diseases are transmitted; and

(D) widely disseminate such information regarding the list of diseases and their modes of transmissability to the general public.

Such list shall be updated annually.

(2) APPLICATIONS.—In any case in which an individual has an infectious or communicable disease that is transmitted to others through the handling of food, that is included on the list developed by the Secretary of Health and Human Services under paragraph (1), and which cannot be eliminated by rea-sonable accommodation, a covered entity may refuse to assign or continue to assign such individual to a job involving food handling.

(3) CONSTRUCTION.—Nothing in this Act shall be construed to preempt, modify, or amend any State, county, or local law, ordinance, or regulation applicable to food handling which is designed to protect the public health from individuals who pose a significant risk to the health or safety of others, which can-not be eliminated by reasonable accommodation, pursuant to the list of infectious or communicable diseases and the modes of transmissability published by the Secretary of Health and Human Services.

SEC. 104. ø42 U.S.C. 12114¿ ILLEGAL USE OF DRUGS AND ALCOHOL.

(a) QUALIFIED INDIVIDUAL WITH A DISABILITY.—For purposes of this title, a qualified individual with a disability shall not include any employee or applicant who is currently engaging in the illegal use of drugs, when the covered entity acts on the basis of such use.

(b) RULES OF CONSTRUCTION.—Nothing in subsection (a) shall be construed to exclude as a qualified individual with a disability an individual who—

(1) has successfully completed a supervised drug rehabili-tation program and is no longer engaging in the illegal use of drugs, or has otherwise been rehabilitated successfully and is no longer engaging in such use;

(2) is participating in a supervised rehabilitation program and is no longer engaging in such use; or

(3) is erroneously regarded as engaging in such use, but is not engaging in such use;

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12 Sec. 104 AMERICANS WITH DISABILITIES ACT OF 1990 except that it shall not be a violation of this Act for a covered enti-ty to adopt or administer reasonable policies or procedures, includ-ing but not limited to drug testing, designed to ensure that an indi-vidual described in paragraph (1) or (2) is no longer engaging in the illegal use of drugs.

(c) AUTHORITY OF COVERED ENTITY.—A covered entity—

(1) may prohibit the illegal use of drugs and the use of al-cohol at the workplace by all employees;

(2) may require that employees shall not be under the in-fluence of alcohol or be engaging in the illegal use of drugs at the workplace;

(3) may require that employees behave in conformance with the requirements established under the Drug-Free Work-place Act of 1988 (41 U.S.C. 701 et seq.);

(4) may hold an employee who engages in the illegal use of drugs or who is an alcoholic to the same qualification stand-ards for employment or job performance and behavior that such entity holds other employees, even if any unsatisfactory performance or behavior is related to the drug use or alco-holism of such employee; and

(5) may, with respect to Federal regulations regarding al-cohol and the illegal use of drugs, require that—

(A) employees comply with the standards established in such regulations of the Department of Defense, if the employees of the covered entity are employed in an indus-try subject to such regulations, including complying with regulations (if any) that apply to employment in sensitive positions in such an industry, in the case of employees of the covered entity who are employed in such positions (as defined in the regulations of the Department of Defense);

(B) employees comply with the standards established in such regulations of the Nuclear Regulatory Commission, if the employees of the covered entity are employed in an industry subject to such regulations, including complying with regulations (if any) that apply to employment in sen-sitive positions in such an industry, in the case of employ-ees of the covered entity who are employed in such posi-tions (as defined in the regulations of the Nuclear Regu-latory Commission); and

(C) employees comply with the standards established in such regulations of the Department of Transportation, if the employees of the covered entity are employed in a transportation industry subject to such regulations, includ-ing complying with such regulations (if any) that apply to employment in sensitive positions in such an industry, in the case of employees of the covered entity who are em-ployed in such positions (as defined in the regulations of the Department of Transportation).

(d) DRUG TESTING.—

(1) IN GENERAL.—For purposes of this title, a test to deter-mine the illegal use of drugs shall not be considered a medical examination.

(2) CONSTRUCTION.—Nothing in this title shall be con-strued to encourage, prohibit, or authorize the conducting of

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13 Sec. 107 AMERICANS WITH DISABILITIES ACT OF 1990 drug testing for the illegal use of drugs by job applicants or employees or making employment decisions based on such test results.

(e) TRANSPORTATION EMPLOYEES.—Nothing in this title shall be construed to encourage, prohibit, restrict, or authorize the other-wise lawful exercise by entities subject to the jurisdiction of the De-partment of Transportation of authority to—

(1) test employees of such entities in, and applicants for, positions involving safety-sensitive duties for the illegal use of drugs and for on-duty impairment by alcohol; and

(2) remove such persons who test positive for illegal use of drugs and on-duty impairment by alcohol pursuant to para-graph (1) from safety-sensitive duties in implementing sub-section (c).

SEC. 105. ø42 U.S.C. 12115¿ POSTING NOTICES.

Every employer, employment agency, labor organization, or joint labor-management committee covered under this title shall post notices in an accessible format to applicants, employees, and members describing the applicable provisions of this Act, in the manner prescribed by section 711 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–10).

SEC. 106. ø42 U.S.C. 12116¿ REGULATIONS.

Not later than 1 year after the date of enactment of this Act, the Commission shall issue regulations in an accessible format to carry out this title in accordance with subchapter II of chapter 5 of title 5, United States Code.

SEC. 107. ø42 U.S.C. 12117¿ ENFORCEMENT.

(a) POWERS, REMEDIES, AND PROCEDURES.—The powers, rem-edies, 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, 2000e–6, 2000e–8, and 2000e–9) shall be the powers, remedies, and procedures this title provides to the Commission, to the Attorney General, or to any person alleging discrimination on the basis of disability in violation of any provision of this Act, or regulations promulgated under section 106, concerning employment.

(b) COORDINATION.—The agencies with enforcement authority for actions which allege employment discrimination under this title and under the Rehabilitation Act of 1973 shall develop procedures to ensure that administrative complaints filed under this title and under the Rehabilitation Act of 1973 are dealt with in a manner that avoids duplication of effort and prevents imposition of incon-sistent or conflicting standards for the same requirements under this title and the Rehabilitation Act of 1973. The Commission, the Attorney General, and the Office of Federal Contract Compliance Programs shall establish such coordinating mechanisms (similar to provisions contained in the joint regulations promulgated by the Commission and the Attorney General at part 42 of title 28 and part 1691 of title 29, Code of Federal Regulations, and the Memo-randum of Understanding between the Commission and the Office of Federal Contract Compliance Programs dated January 16, 1981 (46 Fed. Reg. 7435, January 23, 1981)) in regulations implementing this title and Rehabilitation Act of 1973 not later than 18 months after the date of enactment of this Act.

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14 Sec. 108 AMERICANS WITH DISABILITIES ACT OF 1990

3 With respect to the applicability of this title to the legislative branch of the Federal Govern-ment, see section 210 of Public Law 104–1 (109 Stat. 13). (See also footnote 1 on page 79.) Sec-tion 210(h) provides as follows:

‘‘(h) EFFECTIVE DATE.— ‘‘(1) IN GENERAL.—Subsections (b), (c), and (d) shall be effective on January 1, 1997.

‘‘(2) GENERAL ACCOUNTING OFFICE, GOVERNMENT PRINTING OFFICE, AND LIBRARY OF CON-

GRESS.—Subsection (g) shall be effective 1 year after transmission to the Congress of the study under section 230.’’.

In such section 210, subsection (b) relates to the applicability of this title to certain entities;

subsection (c) relates to a remedy; subsection (d) relates to procedures; subsection (e) relates to regulations; subsection (f) relates to periodic inspections and reports, and to an initial study;

and subsection (g) relates to the General Accounting Office, the Government Printing Office, and the Library of Congress. (With respect to section 230, which is referred to in subsection (h)(2) of section 210, see 109 Stat. 23.)

SEC. 108. ø42 U.S.C. 12111 nt¿ EFFECTIVE DATE.

This title shall become effective 24 months after the date of en-actment.

TITLE II—PUBLIC SERVICES 3

Subtitle A—Prohibition Against Discrimi-nation and Other Generally Applicable Provisions

SEC. 201. ø42 U.S.C. 12131¿ DEFINITION.

As used in this title:

(1) PUBLIC ENTITY.—The term ‘‘public entity’’ means—

(A) any State or local government;

(B) any department, agency, special purpose district, or other instrumentality of a State or States or local gov-ernment; and

(C) the National Railroad Passenger Corporation, and any commuter authority (as defined in section 103(8) of the Rail Passenger Service Act).

(2) QUALIFIED INDIVIDUAL WITH A DISABILITY.—The term

‘‘qualified individual with a disability’’ means an individual with a disability who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility re-quirements for the receipt of services or the participation in programs or activities provided by a public entity.

SEC. 202. ø42 U.S.C. 12132¿ DISCRIMINATION.

Subject to the provisions of this title, no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, pro-grams, or activities of a public entity, or be subjected to discrimina-tion by any such entity.

SEC. 203. ø42 U.S.C. 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 rem-edies, procedures, and rights this title provides to any person alleg-ing discrimination on the basis of disability in violation of section 202.

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15 Sec. 221 AMERICANS WITH DISABILITIES ACT OF 1990

SEC. 204. ø42 U.S.C. 12134¿ REGULATIONS.

(a) IN GENERAL.—Not later than 1 year after the date of enact-ment of this Act, the Attorney General shall promulgate regula-tions in an accessible format that implement this subtitle. Such regulations shall not include any matter within the scope of the au-thority of the Secretary of Transportation under section 223, 229, or 244.

(b) RELATIONSHIP TO OTHER REGULATIONS.—Except for ‘‘pro-gram accessibility, existing facilities’’, and ‘‘communications’’, regu-lations under subsection (a) shall be consistent with this Act and with the coordination regulations under part 41 of title 28, Code of Federal Regulations (as promulgated by the Department of Health, Education, and Welfare on January 13, 1978), applicable to recipi-ents of Federal financial assistance under section 504 of the Reha-bilitation Act of 1973 (29 U.S.C. 794). With respect to ‘‘program ac-cessibility, existing facilities’’, and ‘‘communications’’, such regula-tions shall be consistent with regulations and analysis as in part 39 of title 28 of the Code of Federal Regulations, applicable to fed-erally conducted activities under such section 504.

(c) STANDARDS.—Regulations under subsection (a) shall include standards applicable to facilities and vehicles covered by this sub-title, other than facilities, stations, rail passenger cars, and vehi-cles covered by subtitle B. Such standards shall be consistent with the minimum guidelines and requirements issued by the Architec-tural and Transportation Barriers Compliance Board in accordance with section 504(a) of this Act.

SEC. 205. ø42 U.S.C. 12131 nt¿ EFFECTIVE DATE.

(a) GENERAL RULE.—Except as provided in subsection (b), this subtitle shall become effective 18 months after the date of enact-ment of this Act.

(b) EXCEPTION.—Section 204 shall become effective on the date of enactment of this Act.

Subtitle B—Actions Applicable to Public Transportation Provided by Public Enti-ties Considered Discriminatory

PART I—PUBLIC TRANSPORTATION OTHER THAN BY

AIRCRAFT OR CERTAIN RAIL OPERATIONS

SEC. 221. ø42 U.S.C. 12141¿ DEFINITIONS.

As used in this part:

(1) DEMAND RESPONSIVE SYSTEM.—The term ‘‘demand re-sponsive system’’ means any system of providing designated public transportation which is not a fixed route system.

(2) DESIGNATED PUBLIC TRANSPORTATION.—The term ‘‘des-ignated public transportation’’ means transportation (other than public school transportation) by bus, rail, or any other conveyance (other than transportation by aircraft or intercity or commuter rail transportation (as defined in section 241)) that provides the general public with general or special service (including charter service) on a regular and continuing basis.

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16 Sec. 222 AMERICANS WITH DISABILITIES ACT OF 1990

(3) FIXED ROUTE SYSTEM.—The term ‘‘fixed route system’’ means a system of providing designated public transportation on which a vehicle is operated along a prescribed route accord-ing to a fixed schedule.

(4) OPERATES.—The term ‘‘operates’’, as used with respect to a fixed route system or demand responsive system, includes operation of such system by a person under a contractual or other arrangement or relationship with a public entity.

(5) PUBLIC SCHOOL TRANSPORTATION.—The term ‘‘public school transportation’’ means transportation by schoolbus vehi-cles of schoolchildren, personnel, and equipment to and from a public elementary or secondary school and school-related ac-tivities.

(6) SECRETARY.—The term ‘‘Secretary’’ means the Sec-retary of Transportation.

SEC. 222. ø42 U.S.C. 12142¿ PUBLIC ENTITIES OPERATING FIXED ROUTE

SYSTEMS.

(a) PURCHASE AND LEASE OF NEW VEHICLES.—It shall be con-sidered discrimination for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) for a public entity which operates a fixed route system to purchase or lease a new bus, a new rapid rail vehicle, a new light rail vehicle, or any other new vehicle to be used on such system, if the solicita-tion for such purchase or lease is made after the 30th day following the effective date of this subsection and if such bus, rail vehicle, or other vehicle is not readily accessible to and usable by individ-uals with disabilities, including individuals who use wheelchairs.

(b) PURCHASE AND LEASE OF USED VEHICLES.—Subject to sub-section (c)(1), it shall be considered discrimination for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) for a public entity which operates a fixed route system to purchase or lease, after the 30th day following the effective date of this subsection, a used vehicle for use on such sys-tem unless such entity makes demonstrated good faith efforts to purchase or lease a used vehicle for use on such system that is readily accessible to and usable by individuals with disabilities, in-cluding individuals who use wheelchairs.

(c) REMANUFACTURED VEHICLES.—

(1) GENERAL RULE.—Except as provided in paragraph (2), it shall be considered discrimination for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) for a public entity which operates a fixed route system—

(A) to remanufacture a vehicle for use on such system so as to extend its usable life for 5 years or more, which remanufacture begins (or for which the solicitation is made) after the 30th day following the effective date of this subsection; or

(B) to purchase or lease for use on such system a re-manufactured vehicle which has been remanufactured so as to extend its usable life for 5 years or more, which pur-chase or lease occurs after such 30th day and during the period in which the usable life is extended;

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17 Sec. 223 AMERICANS WITH DISABILITIES ACT OF 1990 unless, after remanufacture, the vehicle is, to the maximum extent feasible, readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs.

(2) EXCEPTION FOR HISTORIC VEHICLES.—

(A) GENERAL RULE.—If a public entity operates a fixed route system any segment of which is included on the Na-tional Register of Historic Places and if making a vehicle of historic character to be used solely on such segment readily accessible to and usable by individuals with dis-abilities would significantly alter the historic character of such vehicle, the public entity only has to make (or to pur-chase or lease a remanufactured vehicle with) those modi-fications which are necessary to meet the requirements of paragraph (1) and which do not significantly alter the his-toric character of such vehicle.

(B) VEHICLES OF HISTORIC CHARACTER DEFINED BY

REGULATIONS.—For purposes of this paragraph and section 228(b), a vehicle of historic character shall be defined by the regulations issued by the Secretary to carry out this subsection.

SEC. 223. ø42 U.S.C. 12143¿ PARATRANSIT AS A COMPLEMENT TO FIXED

ROUTE SERVICE.

(a) GENERAL RULE.—It shall be considered discrimination for purposes of section 202 of this Act and section 504 of the Rehabili-tation Act of 1973 (29 U.S.C. 794) for a public entity which oper-ates a fixed route system (other than a system which provides sole-ly commuter bus service) to fail to provide with respect to the oper-ations of its fixed route system, in accordance with this section, paratransit and other special transportation services to individuals with disabilities, including individuals who use wheelchairs, that are sufficient to provide to such individuals a level of service (1) which is comparable to the level of designated public transportation services provided to individuals without disabilities using such sys-tem; or (2) in the case of response time, which is comparable, to the extent practicable, to the level of designated public transpor-tation services provided to individuals without disabilities using such system.

(b) ISSUANCE OF REGULATIONS.—Not later than 1 year after the effective date of this subsection, the Secretary shall issue final reg-ulations to carry out this section.

(c) REQUIRED CONTENTS OF REGULATIONS.—

(1) ELIGIBLE RECIPIENTS OF SERVICE.—The regulations issued under this section shall require each public entity which operates a fixed route system to provide the paratransit and other special transportation services required under this sec-tion—

(A)(i) to any individual with a disability who is unable, as a result of a physical or mental impairment (including a vision impairment) and without the assistance of another individual (except an operator of a wheelchair lift or other boarding assistance device), to board, ride, or disembark from any vehicle on the system which is readily accessible to and usable by individuals with disabilities;

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18 Sec. 223 AMERICANS WITH DISABILITIES ACT OF 1990

(ii) to any individual with a disability who needs the assistance of a wheelchair lift or other boarding assistance device (and is able with such assistance) to board, ride, and disembark from any vehicle which is readily accessible to and usable by individuals with disabilities if the indi-vidual wants to travel on a route on the system during the hours of operation of the system at a time (or within a rea-sonable period of such time) when such a vehicle is not being used to provide designated public transportation on the route; and

(iii) to any individual with a disability who has a spe-cific impairment-related condition which prevents such in-dividual from traveling to a boarding location or from a disembarking location on such system;

(B) to one other individual accompanying the indi-vidual with the disability; and

(C) to other individuals, in addition to the one indi-vidual described in subparagraph (B), accompanying the individual with a disability provided that space for these additional individuals is available on the paratransit vehi-cle carrying the individual…