Title II, Subtitle A, of the Americans with Disabilities Act
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SUMMARY
The Americans with Disabilities Act (ADA) is a comprehensive Federal nondiscrimination law designed to remove barriers that prevent people with disabilities from accessing and having the same opportunities available to people without disabilities. The law applies specifically to employment, state and local government services, telecommunications, and businesses that are public accommodations or commercial facilities. Title II of the ADA covers programs, activities, and services of public entities. It is divided into two subtitles.
Subtitle A protects qualified individuals with disabilities from discrimination on the basis of disability in services, programs, or activities, including employment, that are provided or made available by public entities. Subtitle A essentially extends the disability-related requirements imposed on Federally-assisted programs by Section 504 of the Rehabilitation Act of 1973, as amended to all activities of State and local governments and other specified public entities (regardless of their size), including those that do not receive Federal financial assistance. Regulations implementing subtitle A of Title II have been published by the U.S. Department of Justice (DOJ). These regulations indicate that for employment-related activities, public entities that are also subject to Title I of the ADA must follow the Title I regulations. Public entities that are not subject to Title I, (i.e., those with fewer than 15 employees) must follow the employment-related regulations implementing Section 504 of the Rehabilitation Act that have been issued by the appropriate Federal agency. For more information see the list of Federal agencies and the types of programs over which each agency has jurisdiction. Federal investigations of Title II employment complaints are coordinated on a government-wide basis.
Subtitle B of Title II extends coverage to all public entities that provide public transportation, regardless of whether they receive Federal financial assistance. This section of the ADA establishes standards for the operation of public transit systems, including commuter and intercity rail (AMTRAK). The Department of Transportation is responsible for the implementation of subtitle B of Title II.
The information provided in this Advisor will focus on the obligations under subtitle A of Title II of the ADA. More information concerning subtitle B of Title II of the ADA can be found on the Department of Transportation website.
DOJ is the lead agency responsible for enforcing Title II of the ADA. However, eight Federal agencies assist DOJ with enforcement by investigating complaints under Title II and then referring those matters that are unable to be resolved informally to DOJ. The eight designated agencies and their functional areas are:
WHO IS AFFECTED BY TITLE II
Public Entities: Title II covers any State or local government; any department, agency, special purpose district, or other instrumentality of a State or States or local government; or the National Railroad Passenger Corporation, and any commuter authority (as defined in section 103(8) of the Rail Passenger Service Act), regardless of size. See 28 CFR 35.104.
Protected Individuals: Title II protects qualified individuals with disabilities.
PUBLIC ENTITY RESPONSIBILITIES UNDER TITLE II - SERVICES, PROGRAMS AND ACTIVITIES
Subtitle A of Title II of the ADA prohibits discrimination on the basis of disability by public entities, both in the provision of services, programs, and activities and in employment practices. Listed below are the key public entity responsibilities under Title II with respect to the provision of services, programs, and activities. See section on employment practices below for a description of a public entity's key employment-related responsibilities.
PUBLIC ENTITY RESPONSIBILITIES UNDER TITLE II - EMPLOYMENT PRACTICES
Listed below are the key public entity responsibilities under Title II with regard to employment practices.
TITLE II AND OTHER Federal NONDISCRIMINATION LAWS
Title II of the ADA provides protections to individuals with disabilities that are at least equal to those provided by the nondiscrimination provisions of Title V of the Rehabilitation Act. Title V includes Section 504, which covers all programs receiving Federal financial assistance and all the operation of Federal Executive agencies. Title II may not be interpreted to provide a lesser degree of protection to individuals with disabilities than is provided under these laws.
Title II does not disturb any State laws that provide protection for individuals with disabilities at a level greater or equal to that provided by the ADA. It does, however, prevail over any conflicting State laws.
RESOURCES
Applicable Law and Regulations
Compliance Assistance Information
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