THE AMERICANS WITH DISABILITIES ACT OF 1990

   FACT SHEET

   The Americans with Disabilities Act (ADA) furthers the goal of full
   participation of people with disabilities by giving civil rights
   protections to individuals with disabilities that are like those
   provided
   to individuals on the basis of race, sex, national origin, and
   religion.
   It guarantees equal opportunity for individuals with disabilities in
   employment, public accommodations, transportation, State and local
   government services, and telecommunications. President Bush signed the
   ADA
   into law on July 26, 1990. Highlights of the Act as set forth by the
   U.S.
   Department of Justice:

   EMPLOYMENT

   · Employers may not discriminate against an individual with a
   disability in
   hiring or promotion if the person is otherwise qualified for the job.

   · Employers can ask about one's ability to perform a job, but cannot
   inquire if someone has a disability or subject a person to tests that
   tend
   to screen out people with disabilities.

   · Employers will need to provide "reasonable accommodation" to
   individuals
   with disabilities. This includes steps such as job restructuring and
   modification of equipment.

   · Employers do not need to provide accommodations that impose an
   "undue
   hardship" on business operations.

   · Employers may reject applicants or fire employees who pose a direct
   threat to the health or safety of other individuals in the workplace.

   · Applicants and employees who are current users of drugs have no
   rights to
   claim discrimination on the basis of their illegal drug use under the
   ADA.
   Drug testing is not prohibited by the ADA.

   · Employers may not discriminate against a qualified applicant or
   employee
   because of the known disability of an individual with whom the
   applicant or
   employee is known to have a relationship or association.

   · Religious organizations may give preference in employment to their
   own
   members and may require applicants and employees to conform to their
   religious tenets.

   · ADA provides the remedies available under Title VII of the Civil
   Rights
   Act of 1964. They include back pay and court orders to stop
   discrimination.

   · Complaints may be filed with the US Equal Employment Opportunity
   Commission.

   Who needs to comply:

   · Employers with 25 or more employees must comply, effective July 26,
   1992.
   · Employers with 15-24 employees must comply, effective July 26, 1994.

   TRANSPORTATION

   Public Bus Systems:

   · New buses ordered on or after August 26, 1990 must be accessible to
   individuals with disabilities.

   · Transit authorities must provide comparable paratransit or other
   special
   transportation services to individuals with disabilities who cannot
   use
   fixed route bus services, unless an undue burden would result.

   · New bus stations must be accessible. Alterations to existing
   stations
   must be accessible. When alterations to primary function areas are
   made,
   an accessible path of travel to the altered area (the bathrooms,
   telephones, and drinking fountains serving that area) must be provided
   to
   the extent that the added accessibility costs are not disproportionate
   to
   the overall cost of the alterations.

   · Individuals may file complaints with the U.S. Department of
   Transportation or bring private lawsuits.

   · ADA provides the remedies available under the Rehabilitation Act of
   1973.

   Public Rail Systems:

   · New rail vehicles ordered on or after August 26, 1990, must be
   accessible.

   · Existing rail systems must have one accessible car per train by July
   26,
   1995.

   · New rail stations must be accessible. As with new bus stations,
   alterations to existing rail stations must be made in an accessible
   manner.

   · Existing "key stations" in rapid rail, commuter rail, and light rail
   systems must be made accessible by July 26, 1993, unless an extension
   of up
   to 20 years is granted (30 years, in some cases, for rapid and light
   rail).

   · Existing intercity rail stations (Amtrak) must be accessible by July
   26,
   2010.

   · Individuals may file complaints with the U.S. Department of
   Transportation or bring private lawsuits.

   Privately Operated Bus and Van Companies:

   · New over-the-road buses ordered on or after July 26, 1996 (July 26,
   1997,
   for small companies), must be accessible. After completion of a study,
   the
   President may extend the deadline by one year, if appropriate.

   · Other new vehicles, such as vans, must be accessible, unless the
   transportation company provides service to individuals with
   disabilities
   that is equivalent to that operated for the general public.

   · Other private transportation operations, including station
   facilities,
   must meet the requirements for public accommodations.

   · Individuals may file complaints with the U.S. Attorney General or
   bring
   private lawsuits under the public accommodations procedures.

   · The ADA requirements for privately operated bus and van companies
   became
   effective on:

   · January 26, 1992, generally
   · July 26, 1996 (July 26, 1997, for small companies) for purchase of
   new
   over-the-road buses.
   · August 26, 1990, for purchase or lease of certain new vehicles
   (other
   than over-the-road buses).

   PUBLIC ACCOMMODATIONS

   · Public accommodations such as restaurants hotels, theaters, doctors'
   offices, pharmacies, retail stores, museums, libraries, parks, private
   schools, and day care centers, may not discriminate on the basis of
   disability, effective January 26, 1992. Private clubs and religious
   organizations are exempt.

   · Reasonable changes in policies, practices, and procedures must be
   made to
   avoid discrimination.

   · Auxiliary aids and services must be provided to individuals with
   vision
   or hearing impairments or other individuals with disabilities, unless
   an
   undue burden would result.

   · Physical barriers in existing facilities must be removed if removal
   is
   readily achievable (i.e., easily accomplishable and able to be carried
   out
   without much difficulty or expense). If not, alternative methods of
   providing the services must be offered, if those methods are readily
   achievable.

   · All new construction in public accommodations, as well as in
   "commercial
   facilities" such as office buildings, must be accessible. Elevators
   are
   generally not required in buildings under three stories or with fewer
   than
   3,000 square feet per floor, unless the building is a shopping center,
   mall
   or a professional office of a health care provider.

   · Alterations must be accessible. When alterations to primary function
   areas are made, an accessible path of travel to the altered area (and
   the
   bathrooms, telephones, and drinking foundations serving that area)
   must be
   provided to the extent that the added accessibility costs are not
   disproportionate to the overall cost of the alterations.

   · Entities such as hotels that also offer transportation generally
   must
   provide equivalent transportation service to individuals with
   disabilities.
   New fixed-route vehicles ordered on or after August 26, 1990, and
   capable
   of carrying more than 16 passengers, must be accessible.

   · Public accommodations may not discriminate against an individual or
   entity because of the known disability of an individual with whom the
   individual or entity is known to have a relationship or association.

   · Individuals may bring private lawsuits to obtain court orders to
   stop
   discrimination, but money damages cannot be awarded.

   · Individuals can also file complaints with the U.S. Attorney General
   who
   may file lawsuits to stop discrimination and obtain money damages and
   penalties.

   STATE AND LOCAL GOVERNMENT OPERATIONS

   · State or local governments may not discriminate against qualified
   individuals with disabilities. All government facilities, services,
   and
   communications must be accessible consistent with the requirements of
   Section 504 of the Rehabilitation Act of 1973.

   · Individuals may file complaints with Federal agencies to be
   designated by
   the U.S. Attorney General or bring private lawsuits.

   TELECOMMUNICATIONS

   · Companies offering telephone service to the general public must
   offer
   telephone relay services to individuals who use telecommunications
   devices
   for the deaf (TDD's) or similar devices.

   · Individuals may file complaints with the Federal Communications
   Commission.

   *******

   All of the information above is available from the U.S. Department of
   Justice in the following accessible formats: Braille, large print,
   audiotape, and electronic file on computer disk and electronic
   bulletin
   board. The electronic bulletin board number is (202) 514-6193.

   The information in this Fact Sheet is taken from two U.S. Department
   of
   Justice documents: ADA Requirements Fact Sheet and ADA Statutory
   Deadlines. These documents are available at no cost from:

   U.S. Department of Justice 202/514-0301 (voice) 11 A.M.-4 P.M.EST
   Civil Rights Division 202/514-0381 (TTY) 11 A.M.-4 P.M. EST
   Coordination & Review Section 202/514-0383 (TTY) 11 A.M.-4 P.M. EST
   P.O. Box 66118
   Washington, D.C. 20035-6118

   For additional information and answers to questions, contact the U.S.
   Department of Justice at the address or telephone numbers above.

   Copies of the full 90-page Americans with Disabilities Act of 1990 may
   be
   obtained at no cost from:

   U.S. Senate Subcommittee on Disability Policy 202/224-6265 (Voice)
   113 Hart Senate Office Building 202/224-3457 (TTY)
   Washington, D.C. 20510

   ADA Private Transportation Hotline 1-800-605-6605 (V/TTY)
   Established by: U.S. Department of Transportation
   Federal Transit Administration and
   Project ACTION of the Easter Seal Society

   Co-sponsored by: American Bus Association and
   International Taxicab and Livery Association

   For further information and questions on Title I, contact the
   following
   agency:

   Equal Employment Opportunity Commission 1-800-669-4000
   1801 L Street N.W.
   Washington, D.C. 20507 202-663-4903

   Job Accommodation Network (JAN) 1-800-232-9675 (V/TTY)
   1-800-526-7234 (V/TTY