Accessibility Laws and Regulations

Kenneth S, Pope, Ph.D., ABPP

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Here are links to some of the laws and regulations relevant to accessibility and people with disabilities:

Revised ADA Regulations Effective on March 15, 2011 presents the changes resulting from the U.S. Department of Justice (DOJ) amending Final Rule substantially revising and expanding the regulations implementing the Americans with Disabilities Act (ADA); those changes became effective on March 15, 2011.

Section 508 of the Rehabilitation Act of 1973 Amendments is part of the federal legislation expressing the view that "disability is a natural part of the human experience and in no way diminishes the right of individuals to. . .enjoy full inclusion and integration in the economic, political, social, cultural, and educational mainstream of American society." Section 508 -- on electronic and information technology -- helps ensure that for people with disabilities the "access to and use of information and data that is comparable to the access to and use of the information and data" for people without disabilities.

Americans With Disabilities Act of 1990 is the federal law (Public Law 101-336) whose purpose is "to establish a clear and comprehensive prohibition of discrimination on the basis of disability."

Americans With Disability Act Regulation for Title II, which was published in the Federal Register on July 26, 1991, is the Department of Justice's regulation which implements Title II, subtitle A, of the ADA.

Americans With Disability Act Regulation for Title III, which was published in the Code of Federal Regulations on July 1, 1994, is the Department of Justice's regulation which implements Title III of the ADA.

Americans With Disabilities Act: Department of Justice Site contains sections on ADA publications, enforcement, ADA design standards, ADA information line, technical assistance program, code certification, business connection, status report, new or proposed regulations, and the mediation program.

Civil Rights Act of 1991 is the federal law (Public Law 102-166), enacted on November 21, 1991, "amends sections 101(4), 102 and 509 of the ADA. . . . In addition, section 102 of the CRA . . . amends the Revised Statutes by adding a new section following section 1977 (42 U.S.C. 1981) to provide for the recovery of compensatory and punitive damages in cases of intentional violations of Title VII, the Americans with Disabilities Act of 1990, and section 501 of the Rehabilitation Act of 1973."

Regulations to Implement the Equal Employment Provisions of the Americans With Disabilities Act, revised as of July 1, 2000, Title 29, volume 4, parts 900 to 1899, implemented Title 1 of the ADA.

Uniform Federal Accessibility Standards describes "uniform standards for the design, construction and alteration of buildings so that physically handicapped persons will have ready access to and use of them in accordance with the Architectural Barriers Act."

Electronic and Information Technology Accessibility Standards, published in the Federal Register on December 21, 2000, are the "final accessibility standards for electronic and information technology covered by section 508 of the Rehabilitation Act Amendments of 1998."

Section 902: Definition of the Term "Disability" , a document from the U.S. Equal Employment Opportunity Commission (EEOC), notes that "Following the Supreme Court's ruling, whether a person has an ADA 'disability' is determined by taking into account the positive and negative effects of mitigating measures used by the individual."

ADA Standards for Accessible Design set forth the "scoping and technical requirements . . . to be applied during the design, construction, and alteration of buildings and facilities covered by titles II and III of the ADA."

Procedures for Coordinating the Investigation of Complaints or Charges of Employment Discrimination Based on Disability Subject to the Americans With Disabilities Act and Section 504 of the Rehabilitation Act of 1973, revised as of July 1, 2000, (Code of Federal Regulations, Title 29, volume 4, parts 900-1899), sets forth "the procedures to be followed by the Federal agencies responsible for processing and resolving complaints or charges of employment discrimination filed against recipients of Federal financial assistance when jurisdiction exists under both section 504 and Title I."

 

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