TITLE I
1. The term "covered entity" means an employer, employment
agency, labor organization, or joint labor-management committee.
2. The term "disability" means with respect to an individual: (a)
a physical or mental impairment that substantially limits one or more of
the major life activities of such individual; (b) a record of such an
impairment; or (c) being regarded as having such an impairment. If an
individual meets any one of these three tests, he or she is considered
to be an individual with a disability for purposes of coverage under the
Americans With Disabilities Act.
3. The term "qualified individual with a disability" means an
individual with a disability who, with or without reasonable
accommodation, can perform the essential functions of the employment
position that such individual holds or desires. For the purposes of this
Title, consideration shall be given to the employer's judgment as to
what functions of a job are essential, and if an employer has prepared a
written description before advertising or interviewing applicants for
the job, this description shall be considered evidence of the essential
functions of the job.
4. The term "reasonable accommodation" may include: (a) making
existing facilities used by employees readily accessible to and usable
by individuals with disabilities; and (b) job restructuring, part-time
or modified work schedules, reassignment to a vacant position,
acquisition or modification of equipment or devices, appropriate
adjustment or modifications of examinations, training materials or
policies, the provision of qualified readers or interpreters, and other
similar accommodations for individuals with disabilities.
5. The term "undue hardship" means an action requiring
significant difficulty or expense, when considered in light of the
following factors. In determining whether an accommodation would impose
an undue hardship on a covered entity, factors to be considered include:
(a) the nature and cost of the accommodation needed under this chapter;
(b) the overall financial resources of the facility or facilities
involved in the provision of the reasonable accommodation, the number of
persons employed at such facility, the effect on expenses and resources,
or the impact otherwise of such accommodation upon the operation of the
facility; (c) the overall financial resources of the covered entity, the
overall size of the business of a covered entity with respect to the
number of its employees, the number, type and location of its
facilities; and (d) the type of operation or operations of the covered
entity, including the composition, structure, and functions of the work
force of such entity, the geographic separateness, administrative, or
fiscal relationship of the facility or facilities in question to the
covered entity.
TITLE III
1. The term "alteration" is a change to a place of public
accommodation or a commercial facility that effects or could effect
the usability of the building or facility or any part thereof.
Alterations include, but are not limited to, remodeling, renovation,
rehabilitation, reconstruction, historic restoration, changes or
rearrangement in structural parts or elements, and changes or
rearrangement in the plan configuration of walls and full height
partitions.
2. The term "auxiliary aids and services" includes: (a)
qualified interpreters, note takers, computer aided transcription
services, written materials, telephone handset amplifiers, assistive
listening devices, assistive listening systems, telephones compatible
with hearing aids, closed captioned decoders, open and closed
captioning, telecommunications devices for deaf persons (TDDs), video
text displays, or other effective methods making orally delivered
materials available to individuals with hearing impairments; (b)
qualified readers, taped texts, audio recordings, Braille materials,
large print materials, or other effective methods of making visually
delivered materials available to individuals with visual impairments;
(c) acquisition or modification of equipment or devices; and (d) other
similar services and actions.
3. The term "commercial facilities" means facilities: (a) that
are intended for nonresidential use; and (b) whose operations will
affect commerce.
4. The term "place of public accommodation" means a facility
whose operations affect interstate commerce.
5. The term "public accommodation" means a private entity that
owns, leases or leases to, or operates a place of public
accommodation.
6. The term a "qualified interpreter" means an interpreter who
is able to interpret effectively, accurately and impartially both
receptively and expressively using any necessary specialized
vocabulary.
7. The term "readily achievable" means easily accomplishable
and able to be carried out without much difficulty or expense. In
determining whether an action is readily achievable, factors to be
considered include: (a) the nature and cost of the action needed under
this Title; (b) the overall financial resources of the facility or
facilities involved in the action; the number of persons employed at
such facility; the effect on expenses and resources, or the impact
otherwise of such action upon the operation of the facility; (c) the
overall financial resources of the covered entity; the overall size of
the business of a covered entity with respect to the number of its
employees; the number, type, and location of its facilities; and (d)
the type of operation or operations of the covered entity, including
the composition, structure, and functions of the work force of such
entity; the geographic separateness, administrative or fiscal
relationship of the facility or facilities in question to the covered
entity.
8. The term "service animal" encompasses any guide dog, signal
dog, or another animal individually trained to provide assistance to
an individual with a disability.
9. The term "undue burden" is analogous to the definition of
undue hardship and, in essence, means significant difficulty or
expense.
List of Resources Americans With Disabilities Act (Information Line) 202-514-0301
Architectural and Transportation Barriers Compliance
Board (accessibility guidelines) 202-653-7848
Telecommunications Commission (telephone adapters -
hearing impaired) 202-634-1816
NATIONAL ASSOCIATION OF REALTORS®
Legal Affairs Department 312-329-8374
Technical Resource Centers Identified by the ADA:
University of Southern Maine (Portland, Maine)
Region I - Connecticut, Maine, Massachusetts,
New Hampshire, Rhode Island, Vermont 207-780-4430
United Cerebral Palsy Association of New Jersey (Trenton, New Jersey)
Region II - New Jersey, New York, PR 609-392-4004
Endependence Center of Northern Virginia (Arlington, Virginia)
Region III - Delaware, District of Columbia, Maryland, Pennsylvania,
Virginia, West Virginia 703-525-3268
The United Cerebral Palsy Association (Atlanta, Georgia)
Region IV - Alabama, Florida, Georgia, Kentucky, Mississippi, North
Carolina,
South Carolina, Tennessee 404-888-0022
University of Illinois at Chicago (Chicago, Illinois)
Region V - Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin
312-413-1647
Independent Living Research Utilization (Houston, Texas)
Region VI - Arkansas, Louisiana, New Mexico, Oklahoma, Texas
713-520-0232
University of Missouri at Columbia (Columbia, Missouri)
Region VII - Iowa, Kansas, Nebraska, Missouri 314-882-3807
Meeting the Challenge, Inc. (Colorado Springs, Colorado)
Region VIII - Colorado, Montana, North Dakota,
South Dakota, Utah, Wyoming 719-444-0252
Berkeley Planning Associates (Oakland, California)
Region IX - Arizona, California,
Hawaii, Nevada, PB 415-465-7884
Washington State Governor's Committee (Olympia, Washington)
Region X - Alaska, Idaho,
Oregon, Washington 206-438-3168
|
