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A description of the enforcement jurisdiction,
effective dates and regulatory agencies for the titles and parts of the Act.
ADA: Implementation Dates
P.L. 101-336
Title I
Employment
Law's Effective Date July 26, 1992 for
employers with twenty-five (25) or more employees; July 26, 1994 for employers
with fifteen (15) or more employees.
Regulations by Federal Agency July 26, 1991
all regulations from Equal Employment Opportunity Commission (EEOC).
Enforcement Jurisdiction Remedies for
violations of Title I of the ADA include hiring, reinstatement, promotional,
back pay, front pay, restored benefits, reasonable accommodation, attorneys'
fees, expert witness fees, and court costs. Compensatory and punitive damages
also may be available in cases of intentional discrimination or where an
employer fails to make a good faith effort to provide a reasonable
accommodation.
Title II Public
Services
All activities of local and state
governments
Law's Effective Date January 26, 1992
Regulations by Federal Agency July 26, 1991,
all regulations from Attorney General.
Enforcement Jurisdiction Remedies identical to
those under the Rehabilitation Act of 1973 Section 505 which include private
right of action, injunctive relief, and some damages.
(Part I)
Public transportation (buses,
light and rapid rail including fixed-route systems, paratransit, demand
response systems and transportation facilities).
Law's Effective Date August 26, 1990, all
orders for purchases or leases of new vehicles must be for accessible vehicles;
one-car-per-train must be accessible as soon as practicable, but no later than
July 26, 1995; paratransit services must be provided after January 26, 1992;
new stations built after January 26, 1992 must be accessible. Key stations must
be retrofited by July 26, 1993; with some extensions allowed up to July 26,
2020.
Regulations by Federal Agency July 26, 1991,
all regulations from Secretary of Transportation.
Enforcement Jurisdiction Same as above.
(Part II)
Public transportation by
intercity Amtrak and commuter rail (including transportation facilities).
Law's Effective Date By July 26, 2000, Amtrak
passenger coaches must have same number of accessible seats as would have been
available if every car were built accessible; half of such seats must be
available by July 26, 1995. Same one-car-per-train rule and new stations rule
as above. All existing Amtrak stations must be retrofitted by July 26, 2010;
key commuter stations must be retrofitted by July 26,1993 with some extensions
allowed up to 20 years.
Regulations by Federal Agency July 26, 1991,
all regulations from Secretary of Transportation.
Enforcement Jurisdiction Same as above.
Title III
Public accommodations operated by private entities.
A. Public accommodations (all business and service
providers )
Law's Effective Date In general, January 26,
1992, except no lawsuits may be filed before July 26, 1992 against businesses
with twenty-five (25) or fewer employees and revenues of $1 million or less; or
before January 26, 1993 for businesses with ten (10) or fewer employees and
revenues of $500,000 or less.
Regulations by Federal Agency July 26,1991,
regulations from Attorney General. Standards must be consistent with the
Architectural and Transportation Barriers Compliance Board (ATBCB)
guidelines.
Enforcement Jurisdiction For
individuals, remedies identical to Title 11 of the Civil Rights Act of 1964
which are private right of action, injunctive relief: For Attorney General
enforcement in pattern or practice cases or cases of general importance with
civil penalties and compensatory damages.
B. New construction alteration to public
accommodations and commercial facilities.
Law's Effective Date January 26, 1992, for
alterations January 26, 1993 for new construction.
Regulations by Federal Agency Same as
above.
Enforcement Jurisdiction Same as above.
C. Public transportation provided by private
entities
Law's Effective Date In general January 26,
1992, but by August 26, 1990 all orders for purchases or leases of new vehicles
must be for accessible vehicles. Calls for a three (3) year study of
over-the-road buses to determine access needs with requirements effective July
26, 1996 to July 26, 1997.
Regulations by Federal Agency July 26,1991,
regulations from Secretary of Transportation. Regulations will be based on
standards issued by the ATBCB.
Enforcement Jurisdiction Same as above.
Title IV
Telecommunications
Law's Effective Date July 26, 1993,
telecommunications relay services to operate twenty-four (24) hours per
day.
Regulations by Federal Agency July 26, 1991,
all regulations by the Federal Communications Commission.
Enforcement Jurisdiction Private right of
action and Federal Communications Commission.
Title V
Miscellaneous
Law's Effective Date Effective dates of Title
V are those determined by most of the analogous sections in Titles I through
IV.
Regulations by Federal Agency In general, this
title depicts the ADA's relationship to other laws, explains insurance issues,
prohibits state immunity, provides congressional inclusion, sets regulations by
ATBCB, explains implementation of each title and notes amendments to the
Rehabilitation Act of 1973. |
