Age Discrimination In Employment Act
The U.S. Equal Employment Opportunity Commission
The Americans with Disabilities Act of 1990, Titles I and V
EDITOR’S NOTE: The following is the text of Titles I and V of the Americans with Disabilities Act of 1990 (Pub. L. 101-336) (ADA), as amended, as these titles appear in volume 42 of the United States Code, beginning at section 12101. Title I of the ADA, which became effective for employers with 25 or more employees on July 26, 1992, prohibits employment discrimination against qualified individuals with disabilities. Title I will apply to employers with 15 or more employees beginning on July 26, 1994. Title V contains miscellaneous provisions which apply to EEOC’s enforcement of Title I. The Civil Rights Act of 1991 (Pub. L. 102-166) (CRA) amends sections 101(4), 102 and 509 of the ADA. These amendments appear in boldface type. In addition, section 102 of the CRA (which is printed elsewhere in this publication) 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. Cross references to the ADA as enacted appear in italics following each section heading. Editor’s notes also appear in italics.
An Act To establish a clear and comprehensive prohibition ofdiscrimination on the basis of disability. Be it enacted by the Senate and House of Representatives of the UnitedStates of America assembled, that this Act may be cited as the"Americans with Disabilities Act of 1990". * * *
FINDINGS AND PURPOSESSEC. 12101. [Section 2](a) Findings. - The Congress finds that- (1) some 43,000,000 Americans have one or more physical or mentaldisabilities, and this number is increasing as the population as a wholeis growing older; (2) historically, society has tended to isolate and segregateindividuals with disabilities, and, despite some improvements, such formsof discrimination against individuals with disabilities continue to be aserious and pervasive social problem; (3) discrimination against individuals with disabilities persistsin such critical areas as employment, housing, public accommodations,education, transportation, communication, recreation,institutionalization, health services, voting, and access to publicservices; (4) unlike individuals who have experienced discrimination on thebasis of race, color, sex, national origin, religion, or age, individualswho have experienced discrimination on the basis of disability have oftenhad no legal recourse to redress such discrimination; (5) individuals with disabilities continually encounter variousforms of discrimination, including outright intentional exclusion, thediscriminatory effects of architectural, transportation, and communicationbarriers, overprotective rules and policies, failure to make modificationsto existing facilities and practices, exclusionary qualification standardsand criteria, segregation, and relegation to lesser services, programs,activities, benefits, jobs, or other opportunities; (6) census data, national polls, and other studies have documentedthat people with disabilities, as a group, occupy an inferior status inour society, and are severely disadvantaged socially, vocationally,economically, and educationally; (7) individuals with disabilities are a discrete and insularminority who have been faced with restrictions and limitations, subjectedto a history of purposeful unequal treatment, and relegated to a positionof political powerlessness in our society, based on characteristics thatare beyond the control of such individuals and resulting from stereotypicassumptions not truly indicative of the individual ability of suchindividuals to participate in, and contribute to, society; (8) the Nation's proper goals regarding individuals withdisabilities are to assure equality of opportunity, full participation,independent living, and economic selfsufficiency for suchindividuals; and (9) the continuing existence of unfair and unnecessarydiscrimination and prejudice denies people with disabilities theopportunity to compete on an equal basis and to pursue those opportunitiesfor which our free society is justifiably famous, and costs the UnitedStates billions of dollars in unnecessary expenses resulting fromdependency and nonproductivity. (b) Purpose. - It is the purpose of this chapter- (1) to provide a clear and comprehensive national mandate for theelimination of discrimination against individuals with disabilities; (2) to provide clear, strong, consistent, enforceable standardsaddressing discrimination against individuals with disabilities; (3) to ensure that the Federal Government plays a central role inenforcing the standards established in this chapter on behalf ofindividuals with disabilities; and (4) to invoke the sweep of congressional authority, including thepower to enforce the fourteenth amendment and to regulate commerce, inorder to address the major areas of discrimination faceddaytoday by people with disabilities. DEFINITIONSSEC. 12102. [Section 3]As used in this chapter: (1) Auxiliary aids and services. - The term ``auxiliary aids andservices'' includes- (A) qualified interpreters or other effective methods of makingaurally delivered materials available to individuals with hearingimpairments; (B) qualified readers, taped texts, or other effective methods ofmaking visually delivered materials available to individuals with visualimpairments; (C) acquisition or modification of equipment or devices; and (D) other similar services and actions. (2) Disability. - The term ``disability'' means, with respect to anindividual- (A) a physical or mental impairment that substantially limits oneor 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. (3) State. - The term ``State'' means each of the several States,the District of Columbia, the Commonwealth of Puerto Rico, Guam, AmericanSamoa, the Virgin Islands, the Trust Territory of the Pacific Islands, andthe Commonwealth of the Northern Mariana Islands. SUBCHAPTER I [TITLE I] - EMPLOYMENTDEFINITIONSSEC. 12111. [Section 101]As used in this subchapter: (1) Commission. - The term ``Commission'' means the EqualEmployment Opportunity Commission established by section 2000e-4 of thistitle [section 705 of the Civil Rights Act of 1964]. (2) Covered entity. - The term ``covered entity'' means anemployer, employment agency, labor organization, or jointlabormanagement committee. (3) Direct threat. - The term ``direct threat'' means a significantrisk to the health or safety of others that cannot be eliminated byreasonable accommodation. (4) Employee. - The term ``employee'' means an individual employedby an employer. With respect to employment in a foreign country, suchterm includes an individual who is a citizen of the United States. (5) Employer. - (A) In general. - The term ``employer'' means a person engaged inan industry affecting commerce who has 15 or more employees for eachworking day in each of 20 or more calendar weeks in the current orpreceding calendar year, and any agent of such person, except that, fortwo years following the effective date of this subchapter, an employermeans a person engaged in an industry affecting commerce who has 25 ormore employees for each working day in each of 20 or more calendar weeksin the current or preceding year, and any agent of such person. (B) Exceptions. - The term ``employer'' does not include- (i) the United States, a corporation wholly owned by the governmentof the United States, or an Indian tribe; or (ii) a bona fide private membership club (other than a labororganization) that is exempt from taxation under section 501(c) of Title26 [the Internal Revenue Code of 1986]. (6) Illegal use of drugs. - (A) In general. - The term ``illegal use of drugs'' means the useof drugs, the possession or distribution of which is unlawful under theControlled Substances Act [21 U.S.C. 801 et seq.]. Such term does notinclude the use of a drug taken under supervision by a licensed healthcare professional, or other uses authorized by the Controlled SubstancesAct or other provisions of Federal law. (B) Drugs. - The term ``drug'' means a controlled substance, asdefined in schedules I through V of section 202 of the ControlledSubstances Act [21 U.S.C. 812]. (7) Person, etc. - The terms ``person'', ``labor organization'',``employment agency'', ``commerce'', and ``industry affecting commerce'',shall have the same meaning given such terms in section 2000e of thistitle [section 701 of the Civil Rights Act of 1964]. (8) Qualified individual with a disability. - The term ``qualifiedindividual with a disability'' means an individual with a disability who,with or without reasonable accommodation, can perform the essentialfunctions of the employment position that such individual holds ordesires. For the purposes of this subchapter, consideration shall be givento the employer's judgment as to what functions of a job are essential,and if an employer has prepared a written description before advertisingor interviewing applicants for the job, this description shall beconsidered evidence of the essential functions of the job. (9) Reasonable accommodation. - The term ``reasonableaccommodation'' may include- (A) making existing facilities used by employees readily accessibleto and usable by individuals with disabilities; and (B) job restructuring, parttime or modified work schedules,reassignment to a vacant position, acquisition or modification ofequipment or devices, appropriate adjustment or modifications ofexaminations, training materials or policies, the provision of qualifiedreaders or interpreters, and other similar accommodations for individualswith disabilities. (10) Undue hardship. - (A) In general. - The term ``undue hardship'' means an actionrequiring significant difficulty or expense, when considered in light ofthe factors set forth in subparagraph (B). (B) Factors to be considered. - In determining whether anaccommodation would impose an undue hardship on a covered entity, factorsto be considered include- (i) the nature and cost of the accommodation needed under thischapter; (ii) the overall financial resources of the facility or facilitiesinvolved in the provision of the reasonable accommodation; the number ofpersons employed at such facility; the effect on expenses and resources,or the impact otherwise of such accommodation upon the operation of thefacility; (iii) the overall financial resources of the covered entity; theoverall size of the business of a covered entity with respect to thenumber of its employees; the number, type, and location of its facilities;and (iv) the type of operation or operations of the covered entity,including the composition, structure, and functions of the workforce ofsuch entity; the geographic separateness, administrative, or fiscalrelationship of the facility or facilities in question to the coveredentity. DISCRIMINATIONSEC. 12112. [Section 102](a) General rule. - No covered entity shall discriminate against aqualified individual with a disability because of the disability of suchindividual in regard to job application procedures, the hiring,advancement, or discharge of employees, employee compensation, jobtraining, and other terms, conditions, and privileges of employment. (b) Construction. - As used in subsection (a) of this section, the term``discriminate'' includes- (1) limiting, segregating, or classifying a job applicant oremployee in a way that adversely affects the opportunities or status ofsuch applicant or employee because of the disability of such applicant oremployee; (2) participating in a contractual or other arrangement orrelationship that has the effect of subjecting a covered entity'squalified applicant or employee with a disability to the discriminationprohibited by this subchapter (such relationship includes a relationshipwith an employment or referral agency, labor union, an organizationproviding fringe benefits to an employee of the covered entity, or anorganization providing training and apprenticeship programs); (3) utilizing standards, criteria, or methods of administration- (A) that have the effect of discrimination on the basis ofdisability; or (B) that perpetuate the discrimination of others who are subject tocommon administrative control; (4) excluding or otherwise denying equal jobs or benefits to aqualified individual because of the known disability of an individual withwhom the qualified individual is known to have a relationship orassociation; (5) (A) not making reasonable accommodations to the known physicalor mental limitations of an otherwise qualified individual with adisability who is an applicant or employee, unless such covered entity candemonstrate that the accommodation would impose an undue hardship on theoperation of the business of such covered entity; or (B) denying employment opportunities to a job applicant or employeewho is an otherwise qualified individual with a disability, if such denialis based on the need of such covered entity to make reasonableaccommodation to the physical or mental impairments of the employee orapplicant; (6) using qualification standards, employment tests or otherselection criteria that screen out or tend to screen out an individualwith a disability or a class of individuals with disabilities unless thestandard, test or other selection criteria, as used by the covered entity,is shown to be jobrelated for the position in question and isconsistent with business necessity; and (7) failing to select and administer tests concerning employment inthe most effective manner to ensure that, when such test is administeredto a job applicant or employee who has a disability that impairs sensory,manual, or speaking skills, such test results accurately reflect theskills, aptitude, or whatever other factor of such applicant or employeethat such test purports to measure, rather than reflecting the impairedsensory, manual, or speaking skills of such employee or applicant (exceptwhere such skills are the factors that the test purports to measure). (c) Covered entities in foreign countries. - (1) In general. - It shall not be unlawful under this section for acovered entity to take any action that constitutes discrimination underthis section with respect to an employee in a workplace in a foreigncountry if compliance with this section would cause such covered entity toviolate the law of the foreign country in which such workplace is located. (2) Control of corporation (A) Presumption. - If an employer controls a corporation whoseplace of incorporation is a foreign country, any practice that constitutesdiscrimination under this section and is engaged in by such corporationshall be presumed to be engaged in by such employer. (B) Exception. - This section shall not apply with respect to theforeign operations of an employer that is a foreign person not controlledby an American employer. (C) Determination. - For purposes of this paragraph, thedetermination of whether an employer controls a corporation shall be basedon- (i) the interrelation of operations; (ii) the common management; (iii) the centralized control of labor relations; and (iv) the common ownership or financial control, of the employer andthe corporation. (d) Medical examinations and inquiries. - (1) In general. - The prohibition against discrimination asreferred to in subsection (a) of this section shall include medicalexaminations and inquiries. (2) Preemployment. - (A) Prohibited examination or inquiry. - Except as provided inparagraph (3), a covered entity shall not conduct a medical examination ormake inquiries of a job applicant as to whether such applicant is anindividual with a disability or as to the nature or severity of suchdisability. (B) Acceptable inquiry. - A covered entity may make preemploymentinquiries into the ability of an applicant to perform jobrelatedfunctions. (3) Employment entrance examination. - A covered entity may requirea medical examination after an offer of employment has been made to a jobapplicant and prior to the commencement of the employment duties of suchapplicant, and may condition an offer of employment on the results of suchexamination, if- (A) all entering employees are subjected to such an examinationregardless of disability; (B) information obtained regarding the medical condition or historyof the applicant is collected and maintained on separate forms and inseparate medical files and is treated as a confidential medical record,except that_ (i) supervisors and managers may be informed regarding necessaryrestrictions on the work or duties of the employee and necessaryaccommodations; (ii) first aid and safety personnel may be informed, whenappropriate, if the disability might require emergency treatment; and (iii) government officials investigating compliance with thischapter shall be provided relevant information on request; and (C) the results of such examination are used only in accordancewith this subchapter. (4) Examination and inquiry. - (A) Prohibited examinations and inquiries. - A covered entity shallnot require a medical examination and shall not make inquiries of anemployee as to whether such employee is an individual with a disability oras to the nature or severity of the disability, unless such examination orinquiry is shown to be jobrelated and consistent with businessnecessity. (B) Acceptable examinations and inquiries. - A covered entity mayconduct voluntary medical examinations, including voluntary medicalhistories, which are part of an employee health program available toemployees at that work site. A covered entity may make inquiries into theability of an employee to perform jobrelated functions. (C) Requirement. - Information obtained under subparagraph (B)regarding the medical condition or history of any employee are subject tothe requirements of subparagraphs (B) and (C) of paragraph (3). DEFENSESSEC. 12113. [Section 103](a) In general. - It may be a defense to a charge of discriminationunder this chapter that an alleged application of qualification standards,tests, or selection criteria that screen out or tend to screen out orotherwise deny a job or benefit to an individual with a disability hasbeen shown to be jobrelated and consistent with business necessity,and such performance cannot be accomplished by reasonable accommodation,as required under this subchapter. (b) Qualification standards. - The term ``qualification standards'' mayinclude a requirement that an individual shall not pose a direct threat tothe health or safety of other individuals in the workplace. (c) Religious entities. - (1) In general. - This subchapter shall not prohibit a religiouscorporation, association, educational institution, or society from givingpreference in employment to individuals of a particular religion toperform work connected with the carrying on by such corporation,association, educational institution, or society of its activities. (2) Religious tenets requirement. - Under this subchapter, areligious organization may require that all applicants and employeesconform to the religious tenets of such organization. (d) List of infectious and communicable diseases. - (1) In general. - The Secretary of Health and Human Services, notlater than 6 months after July 26, 1990 [the date of enactment of thisAct], shall- (A) review all infectious and communicable diseases which may betransmitted through handling the food supply; (B) publish a list of infectious and communicable diseases whichare transmitted through handling the food supply; (C) publish the methods by which such diseases are transmitted; and (D) widely disseminate such information regarding the list ofdiseases and their modes of transmissibility to the general public.Suchlist shall be updated annually. (2) Applications. - In any case in which an individual has aninfectious or communicable disease that is transmitted to others throughthe handling of food, that is included on the list developed by theSecretary of Health and Human Services under paragraph (1), and whichcannot be eliminated by reasonable accommodation, a covered entity mayrefuse to assign or continue to assign such individual to a job involvingfood handling. (3) Construction. - Nothing in this chapter shall be construed topreempt, modify, or amend any State, county, or local law, ordinance, orregulation applicable to food handling which is designed to protect thepublic health from individuals who pose a significant risk to the healthor safety of others, which cannot be eliminated by reasonableaccommodation, pursuant to the list of infectious or communicable diseasesand the modes of transmissibility published by the Secretary of Health andHuman Services. ILLEGAL USE OF DRUGS AND ALCOHOLSEC. 12114. [Section 104](a) Qualified individual with a disability. - For purposes of thissubchapter, the term ``qualified individual with a disability'' shall notinclude any employee or applicant who is currently engaging in the illegaluse of drugs, when the covered entity acts on the basis of such use. (b) Rules of construction. - Nothing in subsection (a) of this sectionshall be construed to exclude as a qualified individual with a disabilityan individual who- (1) has successfully completed a supervised drug rehabilitationprogram and is no longer engaging in the illegal use of drugs, or hasotherwise been rehabilitated successfully and is no longer engaging insuch use; (2) is participating in a supervised rehabilitation program and isno longer engaging in such use; or (3) is erroneously regarded as engaging in such use, but is notengaging in such use;except that it shall not be a violation of thischapter for a covered entity to adopt or administer reasonable policies orprocedures, including but not limited to drug testing, designed to ensurethat an individual described in paragraph (1) or (2) is no longer engagingin the illegal use of drugs. (c) Authority of covered entity. -A covered entity- (1) may prohibit the illegal use of drugs and the use of alcohol atthe workplace by all employees; (2) may require that employees shall not be under the influence ofalcohol or be engaging in the illegal use of drugs at the workplace; (3) may require that employees behave in conformance with therequirements established under the DrugFree Workplace Act of 1988(41 U.S.C. 701 et seq.); (4) may hold an employee who engages in the illegal use of drugs orwho is an alcoholic to the same qualification standards for employment orjob performance and behavior that such entity holds other employees, evenif any unsatisfactory performance or behavior is related to the drug useor alcoholism of such employee; and (5) may, with respect to Federal regulations regarding alcohol andthe illegal use of drugs, require that- (A) employees comply with the standards established in suchregulations of the Department of Defense, if the employees of the coveredentity are employed in an industry subject to such regulations, includingcomplying with regulations (if any) that apply to employment in sensitivepositions in such an industry, in the case of employees of the coveredentity who are employed in such positions (as defined in the regulationsof the Department of Defense); (B) employees comply with the standards established in suchregulations of the Nuclear Regulatory Commission, if the employees of thecovered entity are employed in an industry subject to such regulations,including complying with regulations (if any) that apply to employment insensitive positions in such an industry, in the case of employees of thecovered entity who are employed in such positions (as defined in theregulations of the Nuclear Regulatory Commission); and (C) employees comply with the standards established in suchregulations of the Department of Transportation, if the employees of thecovered entity are employed in a transportation industry subject to suchregulations, including complying with such regulations (if any) that applyto employment in sensitive positions in such an industry, in the case ofemployees of the covered entity who are employed in such positions (asdefined in the regulations of the Department of Transportation). (d) Drug testing. - (1) In general. - For purposes of this subchapter, a test todetermine the illegal use of drugs shall not be considered a medicalexamination. (2) Construction. - Nothing in this subchapter shall be construedto encourage, prohibit, or authorize the conducting of drug testing forthe illegal use of drugs by job applicants or employees or makingemployment decisions based on such test results. (e) Transportation employees. - Nothing in this subchapter shall beconstrued to encourage, prohibit, restrict, or authorize the otherwiselawful exercise by entities subject to the jurisdiction of the Departmentof Transportation of authority to- (1) test employees of such entities in, and applicants for,positions involving safetysensitive duties for the illegal use ofdrugs and for onduty impairment by alcohol; and (2) remove such persons who test positive for illegal use of drugsand onduty impairment by alcohol pursuant to paragraph (1) fromsafetysensitive duties in implementing subsection (c) of thissection. POSTING NOTICESSEC. 12115. [Section 105]Every employer, employment agency, labor organization, or jointlabormanagement committee covered under this subchapter shall postnotices in an accessible format to applicants, employees, and membersdescribing the applicable provisions of this chapter, in the mannerprescribed by section 2000e-10 of this title [section 711 of the CivilRights Act of 1964]. REGULATIONSSEC. 12116. [Section 106]Not later than 1 year after July 26, 1990 [the date of enactment ofthis Act], the Commission shall issue regulations in an accessibleformat to carry out this subchapter in accordance with subchapter II ofchapter 5 of title 5 [United States Code]. ENFORCEMENTSEC. 12117. [Section 107](a) Powers, remedies, and procedures. - The powers, remedies, andprocedures set forth in sections 2000e-4, 2000e-5, 2000e-6, 2000e-8, and2000e-9 of this title [sections 705, 706, 707, 709 and 710 of the CivilRights Act of 1964] shall be the powers, remedies, and procedures thissubchapter provides to the Commission, to the Attorney General, or to anyperson alleging discrimination on the basis of disability in violation ofany provision of this chapter, or regulations promulgated under section12116 of this title [section 106], concerning employment. (b) Coordination. - The agencies with enforcement authority for actionswhich allege employment discrimination under this subchapter and under theRehabilitation Act of 1973 [29 U.S.C. 701 et seq.] shall developprocedures to ensure that administrative complaints filed under thissubchapter and under the Rehabilitation Act of 1973 are dealt with in amanner that avoids duplication of effort and prevents imposition ofinconsistent or conflicting standards for the same requirements under thissubchapter and the Rehabilitation Act of 1973. The Commission, theAttorney General, and the Office of Federal Contract Compliance Programsshall establish such coordinating mechanisms (similar to provisionscontained in the joint regulations promulgated by the Commission and theAttorney General at part 42 of title 28 and part 1691 of title 29, Code ofFederal Regulations, and the Memorandum of Understanding between theCommission and the Office of Federal Contract Compliance Programs datedJanuary 16, 1981 (46 Fed. Reg. 7435, January 23, 1981)) in regulationsimplementing this subchapter and Rehabilitation Act of 1973 not later than18 months after July 26, 1990 [the date of enactment of this Act]. SUBCHAPTER IV [TITLE V] - MISCELLANEOUS PROVISIONSCONSTRUCTIONSEC. 12201. [Section 501](a) In general. - Except as otherwise provided in this chapter,nothing in this chapter shall be construed to apply a lesser standard thanthe standards applied under title V of the Rehabilitation Act of 1973 (29U.S.C. 790 et seq.) or the regulations issued by Federal agencies pursuantto such title. (b) Relationship to other laws. - Nothing in this chapter shall beconstrued to invalidate or limit the remedies, rights, and procedures ofany Federal law or law of any State or political subdivision of any Stateor jurisdiction that provides greater or equal protection for the rightsof individuals with disabilities than are afforded by this chapter.Nothing in this chapter shall be construed to preclude the prohibition of,or the imposition of restrictions on, smoking in places of employmentcovered by subchapter I of this chapter [title I], intransportation covered by subchapter II or III of this chapter [titleII or III], or in places of public accommodation covered by subchapterIII of this chapter [title III]. (c) Insurance. - Subchapters I through III of this chapter [titles Ithrough III] and title IV of this Act shall not be construed toprohibit or restrict- (1) an insurer, hospital or medical service company, healthmaintenance organization, or any agent, or entity that administers benefitplans, or similar organizations from underwriting risks, classifyingrisks, or administering such risks that are based on or not inconsistentwith State law; or (2) a person or organization covered by this chapter fromestablishing, sponsoring, observing or administering the terms of a bonafide benefit plan that are based on underwriting risks, classifying risks,or administering such risks that are based on or not inconsistent withState law; or (3) a person or organization covered by this chapter fromestablishing, sponsoring, observing or administering the terms of a bonafide benefit plan that is not subject to State laws that regulateinsurance. Paragraphs (1), (2), and (3) shall not be used as a subterfuge to evadethe purposes of subchapter I and III of this chapter [titles I andIII]. (d) Accommodations and services. - Nothing in this chapter shall beconstrued to require an individual with a disability to accept anaccommodation, aid, service, opportunity, or benefit which such individualchooses not to accept. STATE IMMUNITYSEC. 12202. [Section 502]A State shall not be immune under the eleventh amendment to theConstitution of the United States from an action in Federal or State courtof competent jurisdiction for a violation of this chapter. In any actionagainst a State for a violation of the requirements of this chapter,remedies (including remedies both at law and in equity) are available forsuch a violation to the same extent as such remedies are available forsuch a violation in an action against any public or private entity otherthan a State. PROHIBITION AGAINST RETALIATION AND COERCIONSEC. 12203. [Section 503](a) Retaliation. - No person shall discriminate against any individualbecause such individual has opposed any act or practice made unlawful bythis chapter or because such individual made a charge, testified,assisted, or participated in any manner in an investigation, proceeding,or hearing under this chapter. (b) Interference, coercion, or intimidation. - It shall be unlawful tocoerce, intimidate, threaten, or interfere with any individual in theexercise or enjoyment of, or on account of his or her having exercised orenjoyed, or on account of his or her having aided or encouraged any otherindividual in the exercise or enjoyment of, any right granted or protectedby this chapter. (c) Remedies and procedures. - The remedies and procedures available undersections 12117, 12133, and 12188 of this title [sections 107, 203 and308] shall be available to aggrieved persons for violations ofsubsections (a) and (b) of this section, with respect to subchapter I,subchapter II and subchapter III, respectively, of this chapter [titleI, title II and title III, respectively]. REGULATIONS BY THE ARCHITECTURAL AND TRANSPORTATION BARRIERSCOMPLIANCE BOARDSEC. 12204. [Section 504](a) Issuance of guidelines. - Not later than 9 months after July 26,1990 [the date of enactment of this Act], the Architectural andTransportation Barriers Compliance Board shall issue minimum guidelinesthat shall supplement the existing Minimum Guidelines and Requirements forAccessible Design for purposes of subchapters II and III of this chapter[titles II and III]. (b) Contents of guidelines. - The supplemental guidelines issued undersubsection (a) of this section shall establish additional requirements,consistent with this chapter, to ensure that buildings, facilities, railpassenger cars, and vehicles are accessible, in terms of architecture anddesign, transportation, and communication, to individuals withdisabilities. (c) Qualified historic properties. - (1) In general. - The supplemental guidelines issued undersubsection (a) of this section shall include procedures and requirementsfor alterations that will threaten or destroy the historic significance ofqualified historic buildings and facilities as defined in 4.1.7(1)(a) ofthe Uniform Federal Accessibility Standards. (2) Sites eligible for listing in National Register. - With respectto alterations of buildings or facilities that are eligible for listing inthe National Register of Historic Places under the National HistoricPreservation Act (16 U.S.C. 470 et seq.), the guidelines described inparagraph (1) shall, at a minimum, maintain the procedures andrequirements established in 4.1.7(1) and (2) of the Uniform FederalAccessibility Standards. (3) Other sites. - With respect to alterations of buildings orfacilities designated as historic under State or local law, the guidelinesdescribed in paragraph (1) shall establish procedures equivalent to thoseestablished by 4.1.7(1)(b) and (c) of the Uniform Federal AccessibilityStandards, and shall require, at a minimum, compliance with therequirements established in 4.1.7(2) of such standards. ATTORNEY'S FEESSEC. 12205. [Section 505]In any action or administrative proceeding commenced pursuant to thischapter, the court or agency, in its discretion, may allow the prevailingparty, other than the United States, a reasonable attorney's fee,including litigation expenses, and costs, and the United States shall beliable for the foregoing the same as a private individual. TECHNICAL ASSISTANCESEC. 12206. [Section 506](a) Plan for assistance. - (1) In general. - Not later than 180 days after July 26, 1990[the date of enactment of this Act], the Attorney General, inconsultation with the Chair of the Equal Employment OpportunityCommission, the Secretary of Transportation, the Chair of theArchitectural and Transportation Barriers Compliance Board, and theChairman of the Federal Communications Commission, shall develop a plan toassist entities covered under this chapter, and other Federal agencies, inunderstanding the responsibility of such entities and agencies under thischapter. (2) Publication of plan. - The Attorney General shall publish theplan referred to in paragraph (1) for public comment in accordance withsubchapter II of chapter 5 of title 5 [United States Code](commonly known as the Administrative Procedure Act). (b) Agency and public assistance. - The Attorney General may obtain theassistance of other Federal agencies in carrying out subsection (a) ofthis section, including the National Council on Disability, thePresident's Committee on Employment of People with Disabilities, the SmallBusiness Administration, and the Department of Commerce. (c) Implementation. - (1) Rendering assistance. - Each Federal agency that hasresponsibility under paragraph (2) for implementing this chapter mayrender technical assistance to individuals and institutions that haverights or duties under the respective subchapter or subchapters of thischapter for which such agency has responsibility. (2) Implementation of subchapters. - (A) Subchapter I [Title I]. - The Equal EmploymentOpportunity Commission and the Attorney General shall implement the planfor assistance developed under subsection (a) of this section, forsubchapter I of this chapter [title I]. (B) Subchapter II [Title II]. - (i) Part A [Subtitle A]. - The Attorney General shallimplement such plan for assistance for part A of subchapter II of thischapter [subtitle A of title II]. (ii) Part B [Subtitle B]. - The Secretary of Transportationshall implement such plan for assistance for part B of subchapter II ofthis chapter [subtitle B of title II]. (C) Subchapter III [Title III]. - The Attorney General, incoordination with the Secretary of Transportation and the Chair of theArchitectural Transportation Barriers Compliance Board, shall implementsuch plan for assistance for subchapter III of this chapter, except forsection 12184 of this title [section 304], the plan for assistancefor which shall be implemented by the Secretary of Transportation. (D) Title IV. - The Chairman of the Federal CommunicationsCommission, in coordination with the Attorney General, shall implementsuch plan for assistance for title IV. (3) Technical assistance manuals. - Each Federal agency that hasresponsibility under paragraph (2) for implementing this chapter shall, aspart of its implementation responsibilities, ensure the availability andprovision of appropriate technical assistance manuals to individuals orentities with rights or duties under this chapter no later than six monthsafter applicable final regulations are published under subchapters I, II,and III of this chapter [titles I, II, and III] and title IV. (d) Grants and contracts. - (1) In general. - Each Federal agency that has responsibility undersubsection (c)(2) of this section for implementing this chapter may makegrants or award contracts to effectuate the purposes of this section,subject to the availability of appropriations. Such grants and contractsmay be awarded to individuals, institutions not organized for profit andno part of the net earnings of which inures to the benefit of any privateshareholder or individual (including educational institutions), andassociations representing individuals who have rights or duties under thischapter. Contracts may be awarded to entities organized for profit, butsuch entities may not be the recipients or grants described in thisparagraph. (2) Dissemination of information. - Such grants and contracts,among other uses, may be designed to ensure wide dissemination ofinformation about the rights and duties established by this chapter and toprovide information and technical assistance about techniques foreffective compliance with this chapter. (e) Failure to receive assistance. - An employer, public accommodation, orother entity covered under this chapter shall not be excused fromcompliance with the requirements of this chapter because of any failure toreceive technical assistance under this section, including any failure inthe development or dissemination of any technical assistance manualauthorized by this section. FEDERAL WILDERNESS AREASSEC. 12207. [Section 507](a) Study. - The National Council on Disability shall conduct a studyand report on the effect that wilderness designations and wilderness landmanagement practices have on the ability of individuals with disabilitiesto use and enjoy the National Wilderness Preservation System asestablished under the Wilderness Act (16 U.S.C. 1131 et seq.). (b) Submission of report. - Not later than 1 year after July 26, 1990[the date of enactment of this Act], the National Council onDisability shall submit the report required under subsection (a) of thissection to Congress. (c) Specific wilderness access. - (1) In general. - Congress reaffirms that nothing in the WildernessAct [16 U.S.C. 1131 et seq.] is to be construed as prohibiting the use ofa wheelchair in a wilderness area by an individual whose disabilityrequires use of a wheelchair, and consistent with the Wilderness Act noagency is required to provide any form of special treatment oraccommodation, or to construct any facilities or modify any conditions oflands within a wilderness area in order to facilitate such use. (2) Definition. - For purposes of paragraph (1), the term``wheelchair'' means a device designed solely for use by amobilityimpaired person for locomotion, that is suitable for use inan indoor pedestrian area. TRANSVESTITESSEC. 12208. [Section 508]For the purposes of this chapter, the term ``disabled'' or``disability'' shall not apply to an individual solely because thatindividual is a transvestite. COVERAGE OF CONGRESS AND THE AGENCIES OF THE LEGISLATIVE BRANCHSEC. 12209. [Section 509](a) Coverage of the Senate. - (1) Commitment to Rule XLII. - The Senate reaffirms its commitmentto Rule XLII of the Standing Rules of the Senate which provides asfollows: ``No member, officer, or employee of the Senate shall, with respect to employment by the Senate or any office thereof- ``(a) fail or refuse to hire an individual; ``(b) discharge an individual; or ``(c) otherwise discriminate against an individual with respect to promotion, compensation, or terms, conditions, or privileges of employment on the basis of such individual's race, color, religion, sex, national origin, age, or state of physical handicap.'' (2) Matters other than employment. - (A) In general. - The rights and protections under this chaptershall, subject to subparagraph (B), apply with respect to the conduct ofthe Senate regarding matters other than employment. (B) Remedies. - The Architect of the Capitol shall establishremedies and procedures to be utilized with respect to the rights andprotections provided pursuant to subparagraph (A). Such remedies andprocedures shall apply exclusively, after approval in accordance withsubparagraph (C). (C) Proposed remedies and procedures. - For purposes ofsubparagraph (B), the Architect of the Capitol shall submit proposedremedies and procedures to the Senate Committee on Rules andAdministration. The remedies and procedures shall be effective upon theapproval of the Committee on Rules and Administration. (3) Exercise of rulemaking power. - Notwithstanding any otherprovision of law, enforcement and adjudication of the rights andprotections referred to in paragraph (2)(A) shall be within theexclusive jurisdiction of the United States Senate. The provisions ofparagraph (1), (2) are enacted by the Senate as an exercise of therulemaking power of the Senate, with full recognition of the right of theSenate to change its rules, in the same manner, and to the same extent, asin the case of any other rule of the Senate. (b) Coverage of the House of Representatives. - (1) In general. - Notwithstanding any other provision of thischapter or of law, the purposes of this chapter shall, subject toparagraphs (2) and (3), apply in their entirety to the House ofRepresentatives. (2) Employment in the House. - (A) Application. - The rights and protections under this chaptershall, subject to subparagraph (B), apply with respect to any employee inan employment position in the House of Representatives and any employingauthority of the House of Representatives. (B) Administration. - (i) In general. - In the administration of this paragraph, theremedies and procedures made applicable pursuant to the resolutiondescribed in clause (ii) shall apply exclusively. (ii) Resolution. - The resolution referred to in clause (i) isHouse Resolution 15 of the One Hundred First Congress, as agreed toJanuary 3, 1989, or any other provision that continues in effect theprovisions of, or is a successor to, the Fair Employment PracticesResolution (House Resolution 558 of the One Hundredth Congress, as agreedto October 4, 1988). (C) Exercise of rulemaking power. - The provisions of subparagraph(B) are enacted by the House of Representatives as an exercise of therulemaking power of the House of Representatives, with full recognition ofthe right of the House to change its rules, in the same manner, and to thesame extent as in the case of any other rule of the House. (3) Matters other than employment. - (A) In general. - The rights and protections under this chaptershall, subject to subparagraph (B), apply with respect to the conduct ofthe House of Representatives regarding matters other than employment. (B) Remedies. - The Architect of the Capitol shall establishremedies and procedures to be utilized with respect to the rights andprotections provided pursuant to subparagraph (A). Such remedies andprocedures shall apply exclusively, after approval in accordance withsubparagraph (C). (C) Approval. - For purposes of subparagraph (B), the Architect ofthe Capitol shall submit proposed remedies and procedures to the Speakerof the House of Representatives. The remedies and procedures shall beeffective upon the approval of the Speaker, after consultation with theHouse Office Building Commission. (c) Instrumentalities of Congress. - (1) In general. - The rights and protections under this chaptershall, subject to paragraph (2), apply with respect to the conduct of eachinstrumentality of the Congress. (2) Establishment of remedies and procedures by instrumentalities.- The chief official of each instrumentality of the Congress shallestablish remedies and procedures to be utilized with respect to therights and protections provided pursuant to paragraph (1). Such remediesand procedures shall apply exclusively, except for the employees whoare defined as Senate employees, in section 201(c)(1) of the Civil RightsAct of 1991. (3) Report to Congress. - The chief official of each instrumentalityof the Congress shall, after establishing remedies and procedures forpurposes of paragraph (2), submit to the Congress a report describing theremedies and procedures. (4) Definition of instrumentalities. - For purposes of thissection, instrumentalities of the Congress include the following: theArchitect of the Capitol, the Congressional Budget Office, the GeneralAccounting Office, the Government Printing Office, the Library ofCongress, the Office of Technology Assessment, and the United StatesBotanic Garden. (5) Construction. - Nothing in this section shall alter theenforcement procedures for individuals with disabilities provided in theGeneral Accounting Office Personnel Act of 1980 [31 U.S.C. 731 etseq.] and regulations promulgated pursuant to that Act. ILLEGAL USE OF DRUGSSEC. 12210. [Section 510](a) In general. - For purposes of this chapter, the term ``individualwith a disability'' does not include an individual who is currentlyengaging in the illegal use of drugs, when the covered entity acts on thebasis of such use. (b) Rules of construction. - Nothing in subsection (a) of this sectionshall be construed to exclude as an individual with a disability anindividual who- (1) has successfully completed a supervised drug rehabilitationprogram and is no longer engaging in the illegal use of drugs, or hasotherwise been rehabilitated successfully and is no longer engaging insuch use; (2) is participating in a supervised rehabilitation program and isno longer engaging in such use; or (3) is erroneously regarded as engaging in such use, but is notengaging in such use; except that it shall not be a violation of thischapter for a covered entity to adopt or administer reasonable policies orprocedures, including but not limited to drug testing, designed to ensurethat an individual described in paragraph (1) or (2) is no longer engagingin the illegal use of drugs; however, nothing in this section shall beconstrued to encourage, prohibit, restrict, or authorize the conducting oftesting for the illegal use of drugs. (c) Health and other services. - Notwithstanding subsection (a) of thissection and section 12211(b)(3) of this title [section 511(b)(3)],an individual shall not be denied health services, or services provided inconnection with drug rehabilitation, on the basis of the current illegaluse of drugs if the individual is otherwise entitled to such services. (d) Definition of illegal use of drugs. - (1) In general. - The term ``illegal use of drugs'' means the useof drugs, the possession or distribution of which is unlawful under theControlled Substances Act (21 U.S.C. 812). Such term does not include theuse of a drug taken under supervision by a licensed health careprofessional, or other uses authorized by the Controlled Substances Act orother provisions of Federal law. (2) DrugsThe term ``drug'' means a controlled substance, as defined in schedules Ithrough V of section 202 of the Controlled Substances Act [21 U.S.C.812]. DEFINITIONSSEC. 12211. [Section 511](a) Homosexuality and bisexuality. - For purposes of the definition of``disability'' in section 12102(2) of this title [section 3(2)],homosexuality and bisexuality are not impairments and as such are notdisabilities under this chapter. (b) Certain conditions. - Under this chapter, the term ``disability''shall not include- (1) transvestism, transsexualism, pedophilia, exhibitionism,voyeurism, gender identity disorders not resulting from physicalimpairments, or other sexual behavior disorders; (2) compulsive gambling, kleptomania, or pyromania; or (3) psychoactive substance use disorders resulting from currentillegal use of drugs. AMENDMENTS TO THE REHABILITATION ACT[Section 512 of Title V of the ADA (42 U.S.C. 12115) amended twosubsections of section 7 of the Rehabilitation Act of 1973 (29 U.S.C.706(8)). These amendments are printed elsewhere in this publication.] ALTERNATIVE MEANS OF DISPUTE RESOLUTIONSEC. 12212. [Section 513]Where appropriate and to the extent authorized by law, the use ofalternative means of dispute resolution, including settlementnegotiations, conciliation, facilitation, mediation, factfinding,minitrials, and arbitration, is encouraged to resolve disputes arisingunder this chapter. SEVERABILITYSEC. 12213. [Section 514]Should any provision in this chapter be found to be unconstitutionalby a court of law, such provision shall be severed from the remainder ofthe chapter, and such action shall not affect the enforceability of theremaining provisions of the chapter. [Approved July 26, 1990]
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