Americans with Disabilities Act (42 USC) + 42 USC § 1983

Provision 1· us, federal, ada

42 USC 12101 — Federal law — ADA (42 USC / 28 CFR) + civil rights (42 USC 1983) CHAPTER 126 > § 12101" /> 42 U.S. Code 12101 - Findings and purpose | U.S. Code | US Law | LII / Legal Information Institute Please help us improve our site! No thank you Quick search by citation: Title Section Go! 42 U.S. Code § 12101 - Findings and purpose U.S. Code Notes Authorities (CFR) prev | next (a) Findings The Congress finds that— (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 disability also have been subjected to discrimination; (2) historically, s [...]

Provision 2· us, federal, ada

assure equality of opportunity, full participation, independent living, and economic self-sufficiency for such individuals; and (8) the continuing existence of unfair and unnecessary discrimination 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 chapter— (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 standards addressing discrimination against individuals with disabilitie [...]

Provision 3· us, federal, ada

who have been faced with restrictions and limitations, subjected to a history of purposeful unequal treatment, and relegated to a position of political powerlessness in our society, based on characteristics that are beyond the control of such individuals and resulting from stereotypic assumptions not truly indicative of the individual ability of such individuals to participate in, and contribute to, society;”. Statutory Notes and Related Subsidiaries Effective Date of 2008 Amendment Amendment by Pub. L. 110–325 effective Jan. 1, 2009 , see section 8 of Pub. L. 110–325 , set out as a note under section 705 of Title 29 , Labor. Short Title of 2008 Amendment Pub. L. 110–325, § 1 , Sept. 25, 2008 , 122 Stat. 3553 , provided that: “This Act [enacting sections 12103 and 12205a of this title, ame [...]

Provision 4· us, federal, ada

“(2) in enacting the ADA, Congress recognized that physical and mental disabilities in no way diminish a person’s right to fully participate in all aspects of society, but that people with physical or mental disabilities are frequently precluded from doing so because of prejudice, antiquated attitudes, or the failure to remove societal and institutional barriers; “(3) while Congress expected that the definition of disability under the ADA would be interpreted consistently with how courts had applied the definition of a handicapped individual under the Rehabilitation Act of 1973 [ 29 U.S.C. 701 et seq.], that expectation has not been fulfilled; “(4) the holdings of the Supreme Court in Sutton v. United Air Lines, Inc., 527 U.S. 471 (1999) and its companion cases have narrowed the broad scop [...]

Provision 5· us, federal, ada

to reject the requirement enunciated by the Supreme Court in Sutton v. United Air Lines, Inc., 527 U.S. 471 (1999) and its companion cases that whether an impairment substantially limits a major life activity is to be determined with reference to the ameliorative effects of mitigating measures; “(3) to reject the Supreme Court’s reasoning in Sutton v. United Air Lines, Inc., 527 U.S. 471 (1999) with regard to coverage under the third prong of the definition of disability and to reinstate the reasoning of the Supreme Court in School Board of Nassau County v. Arline, 480 U.S. 273 (1987) which set forth a broad view of the third prong of the definition of handicap under the Rehabilitation Act of 1973 ; “(4) to reject the standards enunciated by the Supreme Court in Toyota Motor Manufacturing, [...]

Provision 6· us, federal, ada

of its current regulations that defines the term ‘substantially limits’ as ‘significantly restricted’ to be consistent with this Act, including the amendments made by this Act.” Study by General Accounting Office of Existing Disability-Related Employment Incentives Pub. L. 106–170, title III, § 303(a) , Dec. 17, 1999 , 113 Stat. 1903 , provided that, as soon as practicable after Dec. 17, 1999 , the Comptroller General was to undertake a study to assess existing tax credits and other disability- related employment incentives under the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq.) and other Federal laws, specifically addressing the extent to which such credits and other incentives would encourage employers to hire and retain individuals with disabilities; and that, not l [...]

Provision 7· us, federal, ada

42 USC 12131 — Federal law — ADA (42 USC / 28 CFR) + civil rights (42 USC 1983) CHAPTER 126 > SUBCHAPTER II > Part A > § 12131" /> 42 U.S. Code 12131 - Definitions | U.S. Code | US Law | LII / Legal Information Institute Please help us improve our site! No thank you Quick search by citation: Title Section Go! 42 U.S. Code § 12131 - Definitions U.S. Code Notes Authorities (CFR) prev | next As used in this subchapter: (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 government; and (C) the National Railroad Passenger Corporation, and any commuter authority (as defined in section 24102(4) [1] of title 49). (2) Qualified individual with a disability [...]

Provision 8· us, federal, ada

26, 1990 , 104 Stat. 338 , provided that: “(a) General Rule.— Except as provided in subsection (b), this subtitle [subtitle A (§§ 201–205) of title II of Pub. L. 101–336 , enacting this part] shall become effective 18 months after the date of enactment of this Act [ July 26, 1990 ]. “(b) Exception.— Section 204 [ section 12134 of this title ] shall become effective on the date of enactment of this Act.” Executive Documents Ex. Ord. No. 13217. Community-Based Alternatives for Individuals With Disabilities Ex. Ord. No. 13217 , June 18, 2001 , 66 F.R. 33155 , provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to place qualified individuals with disabilities in community settings whenever appropriate, it is hereby [...]

Provision 9· us, federal, ada

the State and the needs of others with disabilities. (e) The Federal Government must assist States and localities to implement swiftly the Olmstead decision, so as to help ensure that all Americans have the opportunity to live close to their families and friends, to live more independently, to engage in productive employment, and to participate in community life. Sec . 2. Swift Implementation of the Olmstead Decision: Agency Responsibilities. (a) The Attorney General, the Secretaries of Health and Human Services, Education, Labor, and Housing and Urban Development, and the Commissioner of the Social Security Administration shall work cooperatively to ensure that the Olmstead decision is implemented in a timely manner. Specifically, the designated agencies should work with States to help th [...]

Provision 10· us, federal, ada

the involvement of consumers, advocacy organizations, providers, and relevant agency representatives. Each agency head should report to the President, through the Secretary of Health and Human Services, with the results of their evaluation within 120 days. (c) The Attorney General and the Secretary of Health and Human Services shall fully enforce Title II of the ADA, including investigating and resolving complaints filed on behalf of individuals who allege that they have been the victims of unjustified institutionalization. Whenever possible, the Department of Justice and the Department of Health and Human Services should work cooperatively with States to resolve these complaints, and should use alternative dispute resolution to bring these complaints to a quick and constructive resolution [...]

Provision 11· us, federal, ada

42 USC 12132 — Federal law — ADA (42 USC / 28 CFR) + civil rights (42 USC 1983) CHAPTER 126 > SUBCHAPTER II > Part A > § 12132" /> 42 U.S. Code 12132 - Discrimination | U.S. Code | US Law | LII / Legal Information Institute Please help us improve our site! No thank you Quick search by citation: Title Section Go! 42 U.S. Code § 12132 - Discrimination U.S. Code Notes Authorities (CFR) prev | next Subject to the provisions of this subchapter, 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, programs, or activities of a public entity, or be subjected to discrimination by any such entity. ( Pub. L. 101–336, title II, § 202 , July 26, 1990 , 104 Stat. 337 .) Statutory Notes and Related Subs [...]

Provision 12· us, federal, ada

42 USC 12182 — Federal law — ADA (42 USC / 28 CFR) + civil rights (42 USC 1983) CHAPTER 126 > SUBCHAPTER III > § 12182" /> 42 U.S. Code 12182 - Prohibition of discrimination by public accommodations | U.S. Code | US Law | LII / Legal Information Institute Please help us improve our site! No thank you Quick search by citation: Title Section Go! 42 U.S. Code § 12182 - Prohibition of discrimination by public accommodations U.S. Code Notes Authorities (CFR) prev | next (a) General rule No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation. (b [...]

Provision 13· us, federal, ada

individual or class of individuals with a good, service, facility, privilege, advantage, or accommodation, or other opportunity that is as effective as that provided to others. (iv) Individual or class of individuals For purposes of clauses (i) through (iii) of this subparagraph, the term “ individual or class of individuals ” refers to the clients or customers of the covered public accommodation that enters into the contractual, licensing or other arrangement. (B) Integrated settings Goods, services, facilities, privileges, advantages, and accommodations shall be afforded to an individual with a disability in the most integrated setting appropriate to the needs of the individual. (C) Opportunity to participate Notwithstanding the existence of separate or different programs or activities p [...]

Provision 14· us, federal, ada

afford such goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities, unless the entity can demonstrate that making such modifications would fundamentally alter the nature of such goods, services, facilities, privileges, advantages, or accommodations; (iii) a failure to take such steps as may be necessary to ensure that no individual with a disability is excluded, denied services, segregated or otherwise treated differently than other individuals because of the absence of auxiliary aids and services , unless the entity can demonstrate that taking such steps would fundamentally alter the nature of the good, service, facility, privilege, advantage, or accommodation being offered or would result in an undue burden; (iv) a failure to remove archit [...]

Provision 15· us, federal, ada

a seating capacity of 16 passengers or less (including the driver) for use on such system after the effective date of this subparagraph that is not readily accessible to or usable by individuals with disabilities, it shall be considered discrimination for such entity to fail to operate such system so that, when viewed in its entirety, such system ensures a level of service to individuals with disabilities, including individuals who use wheelchairs, equivalent to the level of service provided to individuals without disabilities. (C) Demand responsive system For purposes of subsection (a), discrimination includes— (i) a failure of a private entity which operates a demand responsive system and which is not subject to section 12184 of this title to operate such system so that, when viewed in i [...]

Provision 16· us, federal, ada

shall require an entity to permit an individual to participate in or benefit from the goods, services, facilities, privileges, advantages and accommodations of such entity where such individual poses a direct threat to the health or safety of others. The term “ direct threat ” means a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices, or procedures or by the provision of auxiliary aids or services. ( Pub. L. 101–336, title III, § 302 , July 26, 1990 , 104 Stat. 355 .) Editorial Notes References in Text For the effective date of this subparagraph, referred to in subsec. (b)(2)(B), (C)(ii), see section 310 of Pub. L. 101–336 , set out as an Effective Date note under section 12181 of this title . Statutory Notes and Related S [...]

Provision 17· us, federal, ada

42 USC 12188 — Federal law — ADA (42 USC / 28 CFR) + civil rights (42 USC 1983) CHAPTER 126 > SUBCHAPTER III > § 12188" /> 42 U.S. Code 12188 - Enforcement | U.S. Code | US Law | LII / Legal Information Institute Please help us improve our site! No thank you Quick search by citation: Title Section Go! 42 U.S. Code § 12188 - Enforcement U.S. Code Notes Authorities (CFR) prev | next (a) In general (1) Availability of remedies and procedures The remedies and procedures set forth in section 2000a–3(a) of this title are the remedies and procedures this subchapter provides to any person who is being subjected to discrimination on the basis of disability in violation of this subchapter or who has reasonable grounds for believing that such person is about to be subjected to discrimination in viola [...]

Provision 18· us, federal, ada

a public hearing at which persons, including individuals with disabilities, are provided an opportunity to testify against such certification, certify that a State law or local building code or similar ordinance that establishes accessibility requirements meets or exceeds the minimum requirements of this chapter for the accessibility and usability of covered facilities under this subchapter. At any enforcement proceeding under this section, such certification by the Attorney General shall be rebuttable evidence that such State law or local ordinance does meet or exceed the minimum requirements of this chapter. (B) Potential violation If the Attorney General has reasonable cause to believe that— (i) any person or group of persons is engaged in a pattern or practice of discrimination under t [...]

Provision 19· us, federal, ada

damages For purposes of subsection (b)(2)(B), the term “monetary damages” and “such other relief” does not include punitive damages. (5) Judicial consideration In a civil action under paragraph (1)(B), the court, when considering what amount of civil penalty, if any, is appropriate, shall give consideration to any good faith effort or attempt to comply with this chapter by the entity. In evaluating good faith, the court shall consider, among other factors it deems relevant, whether the entity could have reasonably anticipated the need for an appropriate type of auxiliary aid needed to accommodate the unique needs of a particular individual with a disability . ( Pub. L. 101–336, title III, § 308 , July 26, 1990 , 104 Stat. 363 .) [1] So in original. The word “section” probably should not ap [...]

Provision 20· us, federal, ada

set out as an Effective Date note under section 12181 of this title . CFR Title Parts 49 37 , 38 , 39 U.S. Code Toolbox Law about... Articles from Wex Table of Popular Names Parallel Table of Authorities How current is this?

Provision 21· us, federal, ada

42 USC 1983 — Federal law — ADA (42 USC / 28 CFR) + civil rights (42 USC 1983) CHAPTER 21 > SUBCHAPTER I > § 1983" /> 42 U.S. Code 1983 - Civil action for deprivation of rights | U.S. Code | US Law | LII / Legal Information Institute Please help us improve our site! No thank you Quick search by citation: Title Section Go! 42 U.S. Code § 1983 - Civil action for deprivation of rights U.S. Code Notes prev | next Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party [...]

Provision 22· us, federal, ada

decree was violated or declaratory relief was unavailable”. 1979— Pub. L. 96–170 inserted “or the District of Columbia” after “Territory”, and provisions relating to Acts of Congress applicable solely to the District of Columbia. Statutory Notes and Related Subsidiaries Effective Date of 1979 Amendment Amendment by Pub. L. 96–170 applicable with respect to any deprivation of rights, privileges, or immunities secured by the Constitution and laws occurring after Dec. 29, 1979 , see section 3 of Pub. L. 96–170 , set out as a note under section 1343 of Title 28 , Judiciary and Judicial Procedure. U.S. Code Toolbox Law about... Articles from Wex Table of Popular Names Parallel Table of Authorities How current is this?

Provision 23· us, federal, ada

28 CFR 35.130 — Federal law — ADA (42 USC / 28 CFR) + civil rights (42 USC 1983) CHAPTER I—DEPARTMENT OF JUSTICE > PART 35—NONDISCRIMINATION ON THE BASIS OF DISABILITY IN STATE AND LOCAL GOVERNMENT SERVICES > Subpart B—General Requirements > § 35.130 General prohibitions against discrimination." /> 28 CFR 35.130 - General prohibitions against discrimination. | Electronic Code of Federal Regulations (e-CFR) | US Law | LII / Legal Information Institute Please help us improve our site! No thank you 28 CFR § 35.130 - General prohibitions against discrimination. CFR prev | next § 35.130 General prohibitions against discrimination. (a) No qualified individual with a disability shall, on the basis of disability , be excluded from participation in or be denied the benefits of the services, program [...]

Provision 24· us, federal, ada

organization, or person that discriminates on the basis of disability in providing any aid, benefit, or service to beneficiaries of the public entity 's program; (vi) Deny a qualified individual with a disability the opportunity to participate as a member of planning or advisory boards; (vii) Otherwise limit a qualified individual with a disability in the enjoyment of any right, privilege, advantage, or opportunity enjoyed by others receiving the aid, benefit, or service. (2) A public entity may not deny a qualified individual with a disability the opportunity to participate in services, programs, or activities that are not separate or different, despite the existence of permissibly separate or different programs or activities. (3) A public entity may not, directly or through contractual o [...]

Provision 25· us, federal, ada

requirements for the programs or activities of licensees or certified entities that subject qualified individuals with disabilities to discrimination on the basis of disability . The programs or activities of entities that are licensed or certified by a public entity are not, themselves, covered by this part. (7) (i) A public entity shall make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability , unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity. (ii) A public entity is not required to provide a reasonable modification to an individual who meets the definition of “disability” solely under the “regar [...]