U.S. Department of Justice
Civil Rights Division
Disability Rights Section
Enforcing the ADA
A Status Report from the Department of Justice
(July-September 1996)
This Status Report covers the ADA activities of the Department of Justice
during the third quarter (July to September) of 1996. This report, previous
status reports, and a wide range of other ADA information are now available
through the Department's ADA Home Page on the World Wide Web (see page 11).
The symbol (**) indicates that more information about a settlement agreement
is available on the ADA Home Page.
1996, Issue 3
INSIDE...
ADA Litigation
Formal Settlement Agreements
Other Settlements
Mediation
Certification
Technical Assistance
Other Sources of ADA Information
How to File Complaints
The Americans with Disabilities Act (ADA) is a comprehensive civil rights
law for people with disabilities. The Department of Justice enforces the
ADA's requirements in three areas -
Title I: Employment practices by units of State and local government
Title II: Programs, services, and activities of State and local government
Title III: Public accommodations and commercial facilities
I. Enforcement
Through lawsuits and both formal and informal settlement agreements,
the Department has achieved greater access for individuals with disabilities
in hundreds of cases. Under general rules governing lawsuits brought by
the Federal Government, the Department of Justice may not file a lawsuit
unless it has first unsuccessfully attempted to settle the dispute through
negotiations.
A. Litigation
The Department may file lawsuits in Federal court to enforce the ADA
and may obtain court orders including compensatory damages and back pay
to remedy discrimination. Under title III the Department may also obtain
civil penalties of up to $50,000 for the first violation and $100,000 for
any subsequent violation.
1. Decisions
Court Declines to Rule on Constitutionality of Title I --
The U.S. District Court for the Southern District of Alabama granted summary
judgment for the defendant in
Lancaster v. City of Mobile without
reaching constitutional issues. The Department of Justice had intervened
and filed a brief to defend the constitutionality of title I after the court
raised the issue. Plaintiff, who cannot read or write due to a learning
disability, applied for a position as an automotive body and paint mechanic
at the municipal garage and was rejected. He was certified and ranked the
most qualified of three candidates before taking a written exam, the final
step of the application process. The court found that although defendant
had some information about plaintiff's learning disability, it was not specific
enough to put the employer on notice of its obligations under the ADA.
State Prisons are Covered by the ADA -- A Federal court in
California has ruled in
Armstrong v. Wilson that State prisons are
subject to the nondiscrimination requirements of title II of the ADA. The
State argued, in this suit brought by a class of inmates with disabilities,
that the plain language of the ADA was not specific enough to cover prisons,
and that Congress lacked constitutional authority to impose ADA coverage
on prisons. The Department of Justice challenged these arguments in an amicus
brief. The U.S. District Court for the Northern District of California rejected
the State's views and ruled in favor of coverage. The case is now on appeal.
Architects Dismissed from Arena Suit -- A Federal district
court in Washington, D.C., ruled that title III of the ADA does not cover
architects who design a new building in violation of the ADA's Standards
for Accessible Design. The court granted a motion by Ellerbe Becket, Inc.,
the nation's largest architectural firm, to dismiss it from
Paralyzed
Veterans of America v. Ellerbe Becket Architects & Engineers, P.C.
The suit alleges that the new MCI Center, an indoor basketball and hockey
arena now under construction in downtown Washington, was designed with wheelchair
seating locations that will not allow wheelchair users to see the floor
or ice when other spectators stand in front of them. The Department of Justice
argued in an amicus brief that architects, in addition to owners and developers,
may be held liable for violations of the ADA Standards for Accessible Design.
The court disagreed, holding that the ADA covered only those ultimately
responsible for the design and construction of new facilities. The Department
believes that the court's ruling on architect liability is incorrect and
will continue to press the issue in other courts. The suit against the owners
continues.
Court Gives Green Light to Days Inn Litigation -- The U.S.
District Court for the Western District of Texas refused to stop five hotel
lawsuits filed by the Department of Justice. These suits allege violations
of the ADA's new construction requirements by the national franchisor of
the Days Inn hotel chain and the owners, architects, and contractors of
five Days Inn hotels in Willows, California; Wall, South Dakota; Champaign,
Illinois; Evansville, Indiana; and Hazard, Kentucky. Days Inns of America
sued the Department of Justice seeking an order preventing the Attorney
General from continuing to enforce ADA requirements against the franchisor.
Days Inns of America has not appealed the dismissal of the suit and the
five cases are going forward (see below -- More Days Inn Suits Settled).
Fifth Circuit Finds Firefighting is not a "Class of Jobs"
-- The United States Court of Appeals for the Fifth Circuit ruled that
an applicant who was rejected for a firefighter position because of his
mild hemophilia was not a person with a disability. He was not, according
to the court, regarded as substantially limited in the major life activity
of working, because he failed to show that the City of Bossier, Louisiana,
regarded him as unable to perform either a class of jobs or a wide range
of jobs in various classes. The court disagreed with the Department's amicus
brief and held that firefighting is too narrow a field to make up a class
of jobs, even when associated positions such as paramedics are included
in the class.
2. New lawsuits
The Department initiated or intervened in the following lawsuits.
Title II
Crowder v. Kitagawa -- The Department of Justice intervened in
Crowder
v. Kitagawa, a suit challenging Hawaii's failure to exempt guide dogs
used by individuals who are blind or visually impaired from the State's
four-month quarantine on all carnivores entering the State. The Department
believes that title II of the ADA requires Hawaii to make reasonable modifications
to its system of rabies prevention to avoid discrimination against individuals
with disabilities. The U.S. Court of Appeals for the Ninth Circuit ruled,
as the Department argued in an amicus brief, that the quarantine program
is subject to title II and sent the case back to the Federal district court
in Hawaii. The district court must now determine whether a vaccine-based
program for guide dogs, proposed as an alternative to the quarantine by
the private plaintiffs, is a reasonable modification to Hawaii's quarantine
policy that would not fundamentally alter Hawaii's objective of maintaining
a rabies-free status.
3. Consent decrees
Some litigation is resolved at the time the suit is filed or afterwards
by means of a negotiated consent decree. Consent decrees are monitored and
enforced by the Federal court in which they are entered.
Title III
More Days Inn Suits Settled -- The Department reached agreements
in four more cases involving hotels of the Days Inns of America chain. Court
orders were entered in suits against the owner and architect of the Champaign,
Illinois, Days Inn and the owners of the Elberton, Georgia, and Evansville,
Indiana, Days Inns resolving violations of ADA new construction requirements.
In addition, the owner and architect of the Fort Stockton, Texas, Days Inn
agreed to correct new construction violations in a settlement agreement.
Violations included, for example, failure to provide accessible parking,
accessible public areas including restrooms, accessible paths of travel
to and from public areas and guest rooms, and accessible guest rooms. The
Department is still pursuing cases against the franchisor Days Inns of America
and Hospitality Franchise Systems regarding the Days Inn hotels at Willows,
California; Wall, South Dakota; Champaign, Illinois; Evansville, Indiana;
and Hazard, Kentucky. These cases are also continuing with the owner, architect
and contractor of the hotel in Wall, South Dakota; and with the architects
of the hotels in Evansville, Indiana, and Willows, California.
United States v. Wynock -- The Department resolved by consent decree
a lawsuit challenging the outright exclusion of people with disabilities
from a motel in South Carolina. The Ocean Plaza Motel in Myrtle Beach refused
to rent a room to a group of two teenagers and their mothers because the
two teenagers have cerebral palsy and use wheelchairs. Under the consent
decree, the owner and operators agreed to implement and post a formal written
policy that the motel will not deny persons with disabilities the services,
facilities and accommodations of the motel; will train its employees in
the equal and dignified treatment of guests with disabilities; remove architectural
barriers at the motel over a two-year period, where such removal is readily
achievable; pay $92,000 plus interest to the complainants over the two-year
period; and pay civil penalties of $5,000 to the U.S. Treasury.
4. Amicus Briefs
The Department files briefs in selected ADA cases in which it is not
a party in order to guide courts in interpreting the ADA.
Title II
Title II Coverage of State Prisons -- The Department filed amicus
briefs in two cases in the U.S. District Court for the Middle District of
Georgia,
Cason v. Seckinger and
Westcott v. Garner, arguing
in favor of title II coverage of State prisons. Despite the broad language
of the statute, Georgia has argued that Congress did not state its intention
to cover State prisons clearly enough, given that, in its view, prisons
are a core State function. The Department's briefs argue that the statute
and the legislative and regulatory history clearly indicate that the ADA
was intended to reach the operations of all public entities, including State
prisons.
Title III
Abbott v. Bragdon -- The Department is opposing an appeal by a dentist
in Bangor, Maine, from a Federal district court ruling that he violated
title III of the ADA by refusing to provide routine dental care to a patient
because of her HIV-positive status. In an amicus brief filed in the U.S.
Court of Appeals for the First Circuit, the Department argued that people
with HIV are individuals with disabilities under the ADA and that routine
dental care can be provided to them without posing a direct threat to health
or safety.
B. Formal Settlement Agreements
The Department sometimes resolves cases without filing a lawsuit by means
of formal written settlement agreements.
Title I
Decatur, Illinois -- An Illinois park district has agreed to pay
$17,500 in damages for firing a restaurant waiter allegedly because he had
AIDS. The settlement also requires the Decatur Park District to sponsor
a training program for employees in all food service facilities it owns
or operates, including the Decatur Main Hangar Restaurant. The training
program will include discussion of HIV/AIDS transmission, with an emphasis
on the food and beverage industry; general HIV/AIDS sensitivity and awareness
training; and an explanation of the requirements of the ADA with respect
to individuals with HIV/AIDS. Further, the settlement requires the Decatur
Park District to publish in all its employee handbooks and personnel manuals
a policy of nondiscrimination toward individuals who are HIV-positive or
who have AIDS.
Sacramento, California -- The California Employment Development Department
agreed to offer a job as an employment program representative and to pay
$60,000 in compensatory damages to a disabled veteran who allegedly was
denied a job because of his physical impairments. The job application form
required the applicant to indicate whether he had been treated for certain
medical conditions. The agency also requested and received information from
the applicant's doctor about his physical impairments and treatment for
depression. In addition to the relief provided to the complainant, the State
agency also agreed that it will not discriminate in violation of the ADA
on the basis of disability, including mental impairments such as depression,
or physical impairments, against a qualified individual with a disability,
and it will not make medical inquiries of an applicant prior to extending
a conditional offer of employment.
Title II
Liberty, New York -- In order to facilitate write-in voting, the
Liberty Central School District agreed to provide paper ballots for all
future school district elections and to provide notice of their availability.
The agreement resolved a complaint alleging that the machine voting system
in use prevented some individuals with mobility and manual dexterity impairments
from casting write-in votes in a school board election.
Chester County, Pennsylvania -- The Chester County Prison located
in West Chester, Pennsylvania, agreed to ensure effective communication
with inmates who are deaf or hard of hearing and to post signage clearly
marking an accessible route to the prison's visiting room. The agreement
resolved a complaint alleging that the prison failed to furnish necessary
auxiliary aids during individual and group counseling sessions and disciplinary
hearings. The prison also allegedly failed to provide an accessible route
for complainant's mother, who has a mobility impairment, to reach the prison's
visiting room.
Town of Lloyd, New York -- The Justice Court for the Town of Lloyd,
New York, agreed to establish a policy ensuring effective communication
in court proceedings, including the provision of qualified interpreters
upon reasonable notice. This agreement resolves a complaint alleging that
the court failed to ensure effective communication with an individual who
requested an oral interpreter in order to attend the trial of a friend.
Title III
** KinderCare Learning Centers, Inc., Columbus, Ohio -- The Department
reached an agreement with KinderCare, the nation's largest proprietary child
care provider, that will allow children with diabetes to enroll at any of
KinderCare's 1100 centers nationwide. The agreement, which serves as a model
for the child care industry throughout the country, requires KinderCare
to perform finger-prick tests at the request of parents in order to monitor
the blood sugar level of their children and to take appropriate action.
It does not require that KinderCare administer insulin injections. KinderCare
also agreed to engage in a three-year ADA training initiative for its employees
and to appoint a disability services coordinator. The agreement resolves
a Department of Justice investigation and a private lawsuit brought by the
American Diabetes Association, its Ohio affiliate, and the next friend of
Jesi Stuthard. Jesi had been denied the opportunity to attend a KinderCare
Learning Center near Columbus, Ohio, because of his diabetes and KinderCare's
refusal to perform glucose monitoring.
** Movie Theater Chain Agrees to Nationwide Settlement --
Cineplex Odeon Corporation, one of the nation's largest operators
of motion picture theaters, agreed to increase significantly the number
of receivers it provides for assistive listening systems in its more than
800 motion picture theater auditoriums throughout the United States. Prior
to this model agreement, Cineplex provided four receivers for each auditorium,
regardless of its size. The company will now provide receivers at the rate
of two percent of seats in all auditoriums that opened prior to January
26, 1993. It will also provide receivers at a rate of four percent of seats
in all auditoriums where audio-amplification systems have been replaced
since January 26, 1992, in order to comply with ADA provisions governing
alterations to existing places of public accommodation. (The company already
provides receivers at the rate of four percent of seats in new theaters,
in strict compliance with the ADA Standards for Accessible Design.) Cineplex
Odeon also agreed to provide one neck loop per screen in theaters with six
or fewer screens and one for every two screens in theaters with more than
six screens. Neck loops facilitate the use of assistive listening systems
by people who use hearing aids. Additionally, the company will monitor use
of assistive listening systems at all theaters and purchase additional receivers
where necessary to meet additional demand, even at theaters where receivers
will be provided at the rate of four percent of seats.
The agreement also contains strong provisions requiring maintenance, advertisement,
and promotion of the use of assistive listening systems. Cineplex will ensure
that employees at all theaters know where receivers are located and how
they work in order to respond to customer questions, test systems periodically,
and ensure prompt repair of equipment. The company will promote the use
of assistive listening systems at its theaters by developing a brochure
to be distributed to audiologists in all of the areas of the country where
it has theaters, by advertising the availability of systems in newspapers
and on pre-recorded telephone announcements for every theater, and, beginning
January 1, 1997, by displaying an on-screen announcement prior to every
feature film shown at a Cineplex Odeon theater indicating that assistive
listening systems are available.
** Marriott International, Inc., Bethesda, Maryland -- The Department
entered into a settlement agreement with Marriott International, Inc., establishing
policies for reserving accessible rooms at all of its Courtyard by Marriott
facilities throughout the country. This agreement serves as a standard for
the hotel industry nationwide. Marriott will ensure that accessible rooms
will not be reserved for nondisabled persons unless all other rooms in a
facility have been reserved and only accessible rooms are left, and that
the central reservations office will be able to guarantee accessible rooms
for any Courtyard hotel at a customer's request, provided such rooms are
available. It also requires that Marriott's Guest Relations Office maintain
a list of accessible rooms at all Courtyard hotels and keep the list updated,
and that employees at all Courtyard facilities receive training on the obligations
of places of lodging under the ADA. Additionally, Marriott will undertake
substantial barrier removal in the parking area, two public restrooms, and
guest rooms of a Memphis, Tennessee, Courtyard by Marriott facility that
was the subject of a specific complaint, and will purchase equipment to
make five additional rooms at that facility accessible to persons with hearing
impairments. The complainant alleged that although he and his wife, who
has a disability and uses a wheelchair, were guaranteed an accessible room
at the facility, they were assigned to an inaccessible room, and staff at
the facility did not offer them adequate assistance with finding suitable
accommodations elsewhere. Marriott will pay the complainants $10,000 in
compensatory damages and will pay civil penalties of $7,500.
Comfort Inn, Lake Buena Vista, Florida -- The Comfort Inn of Lake
Buena Vista, Florida (located near Walt Disney World) -- one of the nation's
largest Comfort Inns with 640 guest rooms, a restaurant, and two swimming
pools -- has agreed to undertake a wide range of barrier removal measures
to ensure accessibility. The hotel will provide 19 fully accessible guest
rooms with accessible bathrooms, including six bathrooms with roll-in showers,
as well as 13 additional rooms equipped for persons with hearing impairments.
The hotel will also repair four recently modified "accessible"
guestrooms to reposition the toilets, lavatories, clothes rod, and door
sign to make them accessible; insulate the hot water pipes and provide accessible
door hardware; take measures to ensure that its parking lots, lobby, lobby
restrooms and common use areas are accessible; modify drinking fountains;
ensure that there is at least one accessible elevator at each bank; and
provide lifts to enable individuals with mobility impairments to use its
swimming pools.
C. Other Settlements
The Department resolves numerous cases without litigation or a formal
settlement agreement. In some instances, the public accommodation, commercial
facility, or State or local government promptly agrees to take the necessary
actions to achieve compliance. In others, extensive negotiations are required.
Following are some examples of what has been accomplished through informal
settlements.
Title II
A large California city's municipal court system agreed to improve and better
publicize its procedures for requesting and providing auxiliary aids to
ensure effective communication with individuals who are deaf or hard of
hearing.
A large town in Massachusetts agreed to install Braille signage and widen
an access aisle at its community center.
A West Virginia county chose to provide program accessibility at its courthouse
by creating an accessible parking space, and by installing a ramp leading
from the street level to the first floor and an elevator to provide access
to the second floor and the basement.
Title III
A nationwide rental car company modified its policies to allow customers
who do not drive due to a disability, but who are accompanied by licensed
drivers, to have primary financial responsibility for vehicle rentals.
Two chain grocery stores in a western North Carolina town created accessible
checkout aisles and agreed to keep these aisles open whenever the store
is open.
A restaurant in Ft. Lauderdale, Florida, agreed to make its restrooms accessible.
II. Mediation
Through a technical assistance grant from the Department, the Key Bridge
Foundation is accepting referrals of complaints under titles II and III
for mediation by professional mediators trained in the legal requirements
of the ADA. Approximately 80 percent of the cases in which mediation has
been completed have been successfully resolved. Following are recent examples
of results reached through mediation.
An Arizona clothing shop agreed to renovate a fitting room to make it wheelchair
accessible and to give the complainant a $300 gift certificate.
A Michigan bowling center agreed to install a platform and ramp to one of
its bowling lanes within one month. The center also renovated its entire
second floor to make it accessible and added accessible parking spaces.
An Ohio shopping mall and movie theater agreed to make renovations to provide
accessible restrooms, parking, and movie theaters within 3 months. Three
of the five movie theaters will be made accessible and movies will be rotated
between theaters so all movies will be shown in the accessible theaters.
In addition, the theater will provide accessibility symbols in its advertisements
to show which movies are in the accessible theaters.
A private Virginia preschool agreed to hire a specialist to educate staff
about behavior modification techniques to be used with children with behavioral
disabilities and to have an ADA specialist educate staff about the requirements
of the ADA. The preschool also agreed to formulate a new policy to address
problems identified by parents of children with disabilities and to make
a $150 donation every year for five years to an advocacy training center
for parents of children with disabilities.
A Connecticut grocery store agreed to add four accessible parking spaces,
two of which will be van accessible.
An Illinois doctor agreed to install a permanent ramp to provide access
to the office, to add an accessible parking space, and to install grab bars
in the restrooms.
A Maryland doctor who had refused to pay for a qualified sign language interpreter
for a patient's office visit agreed to institute a policy for hiring interpreters
and notifying deaf patients that sign language interpretation will be provided
on request at no cost to deaf patients. The doctor also agreed to train
office staff about effective communication with patients with hearing impairments
and to pay the complainant $300.
A Florida professional building agreed to make renovations to provide accessibility,
to provide accessible parking, and to install an accessible unisex restroom.
A Colorado restaurant agreed to provide accessible parking spaces, to install
an accessible unisex restroom, and to educate staff regarding appropriate
service to people with disabilities.
A New York dance club agreed to institute a policy to accommodate people
with disabilities when they call to make arrangements to attend functions
and to review all future contracts with performers to ensure that performers
do not interfere with accessibility. The club also agreed to identify barriers
and remove them if readily achievable, to provide four complimentary tickets
to the complainant for any performance the complainant chooses and to make
a substantial compensatory payment to the complainant.
In a title II dispute in Michigan, a town clerk and town treasurer who were
operating out of their homes agreed to move their offices to a new town
hall that is fully accessible.
Want to Resolve Your ADA Complaint? Consider Mediation
-- As part of its responsibilities under the Department's mediation grant,
the Key Bridge Foundation for Education and Research has produced a brochure
entitled: Want to Resolve Your ADA Complaint? Consider Mediation.
The brochure explains what mediation is, its advantages and disadvantages,
how the process works, and how to find a qualified mediator.
The brochure is available from the ADA Information Line by calling (800)514-0301
(voice) or (800)514-0383 (TDD) and talking with an ADA Specialist.
III. Certification of State and Local Building Codes
The ADA requires that newly constructed or altered facilities comply
with the ADA Standards for Accessible Design. The Justice Department is
authorized to certify building codes that meet or exceed the ADA's standards.
In litigation, an entity that complies with a certified code can offer that
compliance as rebuttable evidence of compliance with the ADA.
In implementing its authority to certify codes, the Department works closely
with State and local officials, providing extensive technical assistance
to enable them to make their codes equivalent to the ADA. In addition, the
Department responds to requests for review of model codes and provides informal
guidance to assist private entities that develop model accessibility standards
to make those standards equivalent to the ADA.
Texas -- After public hearings in Austin, Texas, and Washington,
D.C., the Department certified that the Texas Accessibility Standards meet
or exceed the requirements of title III of the ADA. Texas is the second
state to receive ADA certification of its accessibility code.
New York City -- The Department provided technical assistance
to the New York City Department of Buildings on proposed amendments to the
New York City Building code.
Maryland -- The State of Maryland requested that the Department
certify the Maryland Accessibility Code. Maryland is the twelfth jurisdiction
to request certification of a building code, along with Washington, New
York City, New Mexico, Utah, Florida, Texas, Maine, Minnesota, New Jersey,
the County of Hawaii, and the Village of Oak Park, Illinois.
Children's Design Standards Proposed -- Accessibility
requirements for features of a building or facility designed for children
were proposed jointly by the Access Board and the Department of Justice
on July 22, 1996, in the Federal Register.
Agencies Extend Detectable Warnings Suspension -- The suspension
of the detectable warnings requirement at curb ramps, hazardous vehicular
areas, and reflecting pools has been extended for two years until July 26,
1998, pending the Access Board's comprehensive review of the ADA Accessibility
Guidelines. The notice of the extension was published jointly by the Access
Board, the Department of Transportation, and the Department of Justice in
the Federal Register on July 29, 1996.
IV. Technical Assistance
The ADA requires the Department of Justice to provide technical assistance
to entities and individuals with rights and responsibilities under the law.
The Department encourages voluntary compliance by providing education and
technical assistance to businesses, governments, and members of the general
public through a variety of means. Our activities include providing direct
technical assistance and guidance to the public through our ADA Information
Line, developing and disseminating technical assistance materials to the
public, undertaking outreach initiatives, operating an ADA technical assistance
grant program, and coordinating ADA technical assistance government-wide.
ADA Technical Assistance Grants
Grants totaling $948,000 have been awarded by the Department to 14 organizations
throughout the country under its 1996 ADA Technical Assistance Grant Program.
Ten grantees will be awarded funds to conduct new statewide projects to
educate both State and local government officials and small business owners
about the ADA and the resources that already exist at the local, State,
and Federal level. Six grantees will carry out projects to educate privately-owned
businesses and other title III entities in the following states: Arkansas,
Idaho, Maryland, Minnesota, New Mexico, and Wisconsin. Four will conduct
conferences for State and local government officials in the states of Iowa,
Mississippi, Utah, and Washington.
Service Animals
In cooperation with the National Association of Attorneys General the Department
worked with 26 States to develop questions and answers on the rights of
persons with disabilities who use service animals in places of public accommodation.
Copies of
Commonly Asked Questions about Service Animals in Places
of Business may be obtained through the ADA Information Line or
the ADA Home Page.
Access the ADA through Our ADA Home Page -- A
new ADA Home Page has been created by the Department on the Internet's World
Wide Web (http://www.ada.gov/index.html).
The home page provides information about:
the toll-free ADA Information Line,
the Department's ADA enforcement activities, including status reports and
selected settlement agreements,
the ADA Technical Assistance Program,
certification of State and local building codes,
ADA regulations and requirements, and
the ADA Technical Assistance Grant Program.
And also, provides direct access to:
ADA regulations and technical assistance materials (which may be viewed
online or downloaded for later use), and
links to the Department's press releases, Home Page, and ADA Bulletin Board,
to bulletin boards of other Federal agencies, and to other Internet sites
that have ADA information.
Small Business Guide
The
ADA Guide for Small Businesses is a new 15-page practical
guide to the ADA's requirements for small businesses with a particular focus
on barrier removal in existing facilities. It also describes available tax
credits and deductions. Copies are available through the ADA Information
Line or the ADA Home Page.
ADA Information Line
The Department of Justice operates a toll-free ADA Information Line to provide
information and publications to the public about the requirements of the
ADA. Automated service, which allows callers to listen to recorded information
and to order publications, is available 24 hours a day, seven days a week.
ADA specialists are available on Monday, Tuesday, Wednesday and Friday from
10:00 a.m. until 6:00 p.m. and on Thursday from 1:00 p.m. until 6:00 p.m.
(Eastern Time). Spanish language service is also available.
To obtain general ADA information, get answers to technical questions, order
free ADA materials, or ask about filing a complaint, call:
800-514-0301 (voice)
833-610-1264 (TDD)
Publications and Documents
Copies of the Department's ADA regulations and publications, including the
Technical Assistance Manuals for titles II and III, and information about
the Department's technical assistance grant program, can be obtained by
calling the ADA Information Line or writing to the address listed below.
All materials are available in standard print as well as large print, Braille,
audiotape, or computer disk for persons with disabilities.
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
P. O. Box 66738
Washington, D.C. 20035-6738
Copies of the legal documents and settlement agreements mentioned in this
publication can be obtained by writing to:
Freedom of Information/Privacy Act Branch
Administrative Management Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 65310
Washington, D.C. 20035-5310
Fax: 202-514-6195
Currently, the FOI/PA Branch maintains approximately five thousand pages
of ADA material. The records are available at a cost of $0.10 per page (first
100 pages free). Please make your requests as specific as possible in order
to minimize your costs.
ADA regulations and technical assistance materials can also be downloaded
from the Department's ADA Bulletin Board System (ADA-BBS) or the Internet.
The ADA-BBS, which includes selected ADA documents from other agencies,
can be reached by computer modem by dialing 202-514-6193 or accessed on
the Internet through telnet fedworld.gov Gateway D. The ADA Home Page also
provides a link to the fedworld gateway. The Department's regulations and
technical assistance materials, as well as press releases on ADA cases and
other issues, are available on the ADA Home Page at
http://www.ada.gov/index.html
V. Other Sources of ADA Information
The
Equal Employment Opportunity Commission offers technical assistance
to the public concerning title I of the ADA.
For ordering documents
800-669-3362 (voice)
800-800-3302 (TDD)
For questions
800-669-4000 (voice)
800-669-6820 (TDD)
The
Federal Communications Commission offers technical assistance
to the public concerning title IV of the ADA.
ADA documents and general questions
202-418-0190 (voice)
202-418-2555 (TDD)
ADA legal questions
202-418-2357 (voice)
202-418-0484 (TDD)
The
U.S. Department of Transportation offers technical assistance
to the public concerning the public transportation provisions of title II
and title III of the ADA.
ADA documents and general questions
202-366-1656 (voice/relay)
ADA legal questions
202-366-1936 (voice/relay)
Complaints and enforcement
202-366-2285 (voice)
202-366-0153 (TDD)
Project ACTION
800-659-6428 (voice/relay)
202-347-3066 (voice)
202-347-7385 (TDD)
The
National Institute on Disability and Rehabilitation Research (NIDRR)
of the U.S. Department of Education has funded centers in ten regions of
the country to provide technical assistance to the public on the ADA.
ADA technical assistance nationwide
800-949-4232 (voice & TDD)
The
U.S. Architectural and Transportation Barriers Compliance Board,
or Access Board, offers technical assistance to the public on the ADA
Accessibility Guidelines.
ADA documents and questions
800-872-2253 (voice)
800-993-2822 (TDD)
202-272-5434 (voice)
202-272-5449 (TDD)
The
Job Accommodation Network (JAN) is a free telephone consulting
service funded by the President's Committee on Employment of People with
Disabilities. It provides information and advice to employers and people
with disabilities on reasonable accommodation in the workplace.
Information on workplace accommodation
800-526-7234 (voice & TDD)
VI. How to File Complaints
Title I
Complaints about violations of title I (employment) by units of State and
local government or by private employers should be filed with the Equal
Employment Opportunity Commission. Call 800-669-4000 (voice) or 800-669-6820
(TDD) to reach the field office in your area.
Titles II and III
Complaints about violations of title II by units of State and local government
or violations of title III by public accommodations and commercial facilities
should be filed with -
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
Post Office Box 66738
Washington, D.C. 20035-6738