Title II & III Rights Under the ADA

The ADA requires that people with disabilities:

  • Have an equal opportunity to participate in state and local government programs, services and activities.
     
  • Have equal access to businesses' goods and services.
     
  • People with disabilities also have the right to access services and activities of both the public and private sector in an integrated setting

In order to ensure people with disabilities have equal opportunity and access,ADA regulations for state and local governments (Title II) and business and industry (Title III) require the following actions:

Must Not Discriminate Based on Disability

•May not refuse to allow a person with a disability to participate in a service, program, or activity simply because the person has a disability.

•Or is associated with someone who has a disability

Eliminate Unnecessary Eligibility Standards

Both Title II and Title III entities must eliminate unnecessary eligibility standards or rules that deny individuals with disabilities an equal opportunity to enjoy their services, programs or activities

Example: Requirements that tend to screen out individuals with disabilities, such as requiring a driver's license as the only acceptable means of identification.

Eligibility standards that are necessary for the program to function or for safety do not have to be changed or waived.

Provide Effective Communication

•Must furnish auxiliary aids and services when necessary to ensure effective communication, unless an undue burden or fundamental alteration would result.

Auxiliary Aids & Services

  • qualified interpreter
  • assistive listening headsets
  • television captioning and decoders
  • telecommunications devices for deaf persons (TDD's)
  • videotext displays
  • readers
  • audio-tapes
  • large print materials
  • captioning

Modify Policies, Practices and Procedures

Both Title II and Title III entities must make modifications in their policies, practices, and procedures, when necessary to provide services to people with disabilities.

For example:

A department store may need to modify a policy of only permitting one person at a time in a dressing room if an individual with a disability needs the assistance of a companion in dressing.

Provide and Maintain Accessible Facilities

New construction must be in full compliance with the 2010 ADA Standards for Accessible Design. Alterations and Remodeling are also required to be in compliance with ADA Standards for Accessible Design.

Existing Facilities: When existing facilities are not accessible Title II entities must provide “Program Access”. Title III entities must change what is “Readily Achievable”.