42 U.S.C. § 12182 — Prohibition of discrimination by public accommodations
submitted 36 years ago by Pub. L. 101-336 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 1,339 words · no verdicts yet
This law bans disability discrimination by hotels, stores, restaurants, and other public accommodations. It defines discrimination broadly: unequal service, inaccessible facilities, and easy barriers left unremoved. Businesses need not serve someone who poses a real safety threat.
(a) General rule. No one can be discriminated against because of disability* when it comes to fully and equally enjoying the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation. This applies to whoever owns, leases, leases to, or operates that place.
(b) Construction. This part spells out what discrimination means in detail.
First, some general prohibitions. It's discriminatory to deny a disabled person or group the chance to take part in or benefit from a business's goods or services. It's also discriminatory to let them take part, but on unequal terms -- or to give them a separate benefit that's different from what everyone else gets, unless that separate benefit is necessary to make things just as effective for them as for others. (Here, "individual or class of individuals" means the customers or clients of the business making these arrangements.) Businesses must serve disabled people in the most integrated setting that fits their needs, and even when separate programs exist, a disabled person can't be kept out of the regular, non-separate ones. Businesses can't use standards, criteria, or administrative methods that end up discriminating on the basis of disability, or that carry forward someone else's discrimination. And it's discriminatory to deny someone service just because they're known to have a relationship or association with a person who has a disability.
Second, specific prohibitions. Discrimination includes: using eligibility rules that screen out disabled people, unless those rules are truly necessary for the goods or services being offered; failing to make reasonable changes to policies or procedures when needed for a disabled person, unless that change would fundamentally change the business itself; failing to provide things like sign-language interpreters or other aids and services, unless that would fundamentally alter the business or create an undue burden; and, in existing buildings, existing vehicles, and existing rail* cars, failing to remove physical or communication barriers that are "readily achievable*" to remove -- that is, that can be removed easily and affordably. (This doesn't include barriers, like a permanently installed step, that can only be removed by adding something like a hydraulic lift.) If removing a barrier isn't readily achievable, the business must still offer the same goods or services some other way, if that alternative is itself readily achievable.
There are also special rules for transportation systems. A private entity* running a fixed-route system -- one not already covered by section 12184 -- discriminates if it buys or leases a large vehicle (over 16 seats) after a 30-day grace period that isn't accessible. For smaller vehicles (16 seats or fewer) that aren't accessible, the entity must still run its whole system so that, overall, disabled riders get an equal level of service. The same "equal level of service, overall" rule applies to demand-responsive systems, and the same large-vehicle purchase rule applies too. Over-the-road buses are treated differently: these fixed-route and demand-responsive rules don't apply to them. Instead, it's discriminatory for an entity that isn't primarily in the business of transporting people to buy or lease an over-the-road bus* that doesn't meet the separate regulations under section 12186(a)(2), or to otherwise fail to follow those regulations.
Finally, nothing in this subchapter forces a business to let someone participate if that person poses a "direct threat" to others' health or safety -- meaning a real, significant risk that reasonable changes to policy or the use of aids and services can't remove.
No individual shall be discriminated against on the basis of disability* in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation.
It shall be discriminatory to subject an individual or class of individuals on the basis of a disability or disabilities of such individual or class, directly, or through contractual, licensing, or other arrangements, to a denial of the opportunity of the individual or class to participate in or benefit from the goods, services, facilities, privileges, advantages, or accommodations of an entity.
It shall be discriminatory to afford an individual or class of individuals, on the basis of a disability or disabilities of such individual or class, directly, or through contractual, licensing, or other arrangements with the opportunity to participate in or benefit from a good, service, facility, privilege, advantage, or accommodation that is not equal to that afforded to other individuals.
It shall be discriminatory to provide an individual or class of individuals, on the basis of a disability or disabilities of such individual or class, directly, or through contractual, licensing, or other arrangements with a good, service, facility, privilege, advantage, or accommodation that is different or separate from that provided to other individuals, unless such action is necessary to provide the individual or class of individuals with a good, service, facility, privilege, advantage, or accommodation, or other opportunity that is as effective as that provided to others.
For purposes of clauses (i) through (iii) of this subparagraph, the term “individual or class of individuals” refers to the clients or customers of the covered public accommodation that enters into the contractual, licensing or other arrangement.
Goods, services, facilities, privileges, advantages, and accommodations shall be afforded to an individual with a disability in the most integrated setting appropriate to the needs of the individual.
Notwithstanding the existence of separate or different programs or activities provided in accordance with this section, an individual with a disability shall not be denied the opportunity to participate in such programs or activities that are not separate or different.
An individual or entity shall not, directly or through contractual or other arrangements, utilize standards or criteria or methods of administration—
that have the effect of discriminating on the basis of disability; or
that perpetuate the discrimination of others who are subject to common administrative control.
It shall be discriminatory to exclude or otherwise deny equal goods, services, facilities, privileges, advantages, accommodations, or other opportunities to 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.
For purposes of subsection (a), discrimination includes—
the imposition or application of eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully and equally enjoying any goods, services, facilities, privileges, advantages, or accommodations, unless such criteria can be shown to be necessary for the provision of the goods, services, facilities, privileges, advantages, or accommodations being offered;
a failure to make reasonable modifications in policies, practices*, or procedures, when such modifications are necessary to afford such goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities, unless the entity can demonstrate that making such modifications would fundamentally alter the nature of such goods, services, facilities, privileges, advantages, or accommodations;
a failure to take such steps as may be necessary to ensure that no individual with a disability is excluded, denied services, segregated or otherwise treated differently than other individuals because of the absence of auxiliary aids and services*, unless the entity can demonstrate that taking such steps would fundamentally alter the nature of the good, service, facility, privilege, advantage, or accommodation being offered or would result in an undue burden;
a failure to remove architectural barriers, and communication barriers that are structural in nature, in existing facilities, and transportation barriers in existing vehicles and rail* passenger cars used by an establishment for transporting individuals (not including barriers that can only be removed through the retrofitting of vehicles or rail passenger cars by the installation of a hydraulic or other lift), where such removal is readily achievable*; and
where an entity can demonstrate that the removal of a barrier under clause (iv) is not readily achievable, a failure to make such goods, services, facilities, privileges, advantages, or accommodations available through alternative methods if such methods are readily achievable.
It shall be considered discrimination for a private entity* which operates a fixed route system and which is not subject to section 12184 of this title to purchase or lease a vehicle with a seating capacity in excess of 16 passengers (including the driver) for use on such system, for which a solicitation is made after the 30th day following the effective date of this subparagraph, that is not readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs.
If a private entity which operates a fixed route system and which is not subject to section 12184 of this title purchases or leases a vehicle with a seating capacity of 16 passengers or less (including the driver) for use on such system after the effective date of this subparagraph that is not readily accessible to or usable by individuals with disabilities, it shall be considered discrimination for such entity to fail to operate such system so that, when viewed in its entirety, such system ensures a level of service to individuals with disabilities, including individuals who use wheelchairs, equivalent to the level of service provided to individuals without disabilities.
For purposes of subsection (a), discrimination includes—
a failure of a private entity which operates a demand responsive system and which is not subject to section 12184 of this title to operate such system so that, when viewed in its entirety, such system ensures a level of service to individuals with disabilities, including individuals who use wheelchairs, equivalent to the level of service provided to individuals without disabilities; and
the purchase or lease by such entity for use on such system of a vehicle with a seating capacity in excess of 16 passengers (including the driver), for which solicitations are made after the 30th day following the effective date of this subparagraph, that is not readily accessible to and usable by individuals with disabilities (including individuals who use wheelchairs) unless such entity can demonstrate that such system, when viewed in its entirety, provides a level of service to individuals with disabilities equivalent to that provided to individuals without disabilities.
Subparagraphs (B) and (C) do not apply to over-the-road buses.
For purposes of subsection (a), discrimination includes (I) the purchase or lease of an over-the-road bus* which does not comply with the regulations issued under section 12186(a)(2) of this title by a private entity which provides transportation of individuals and which is not primarily engaged in the business of transporting people, and (II) any other failure of such entity to comply with such regulations.
Nothing in this subchapter shall require an entity to permit an individual to participate in or benefit from the goods, services, facilities, privileges, advantages and accommodations of such entity where such individual poses a direct threat to the health or safety of others. The term “direct threat” means a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices, or procedures or by the provision of auxiliary aids or services.
Source credit: (Pub. L. 101–336, title III, § 302, July 26, 1990, 104 Stat. 355.)
- 1990Enacted · Pub. L. 101-336 · 104 Stat. 355
A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-336 on 1990-07-26.
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