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# JAN’S ACCOMMODATION FACT SHEET SERIES

**Accessibility Under the**

**Americans with Disabilities Act**

1. **ADAAG**

· **Americans with Disabilities Act Accessibility Guidelines**

· **Written and enforced by the U.S. Access Board**

· **Adopted by the U.S. Department of Justice as the design standards to be used for new construction and renovations under the ADA**

**What is the ADAAG?**

The Americans with Disabilities Act (ADA) establishes design requirements for the construction and alteration of facilities in the private and public sectors. These requirements are known as the ADA Accessibility Guidelines or "ADAAG." ADAAG contains requirements for new construction and alterations. The Access Board develops the requirements as "guidelines" to serve as a basis for "standards" enforced by the Department of Justice (DOJ) and the Department of Transportation (DOT). ADAAG derives from an earlier Federal standard, the Uniform Federal Accessibility Standards (UFAS). 

**Where can I get a copy of the ADAAG?**

The Access Board provides free copies of the ADAAG on its Website at http://www.access-board.gov/ada/index.htm or you can call the Access Board at (800) 872-2253 to order a free copy. You can also download a copy from the DOJ Website at http://www.ada.gov/2010ADAstandards_index.htm.

**Where does the ADAAG apply?**

Regulations issued by DOJ and DOT contain enforceable standards based on ADAAG. These regulations spell out what facilities are subject to the standards. It is important that the regulations be used along with the design standards they contain or reference because they provide important information on coverage. These regulations address different types of facilities:

· Title III: Places of public accommodation and commercial facilities are addressed by a DOJ regulation (28 CFR Part 36). 

· Title II: State and local government facilities are subject to a DOJ regulation (28 CFR Part 35). 

· Title II: Public transportation facilities are addressed by a DOT regulation (49 CFR Part 37).

For more information, see http://www.ada.gov/regs2010/ADAregs2010.htm.

**Is my copy of the ADAAG current?**

On July 23, 2010, Attorney General Eric Holder signed final regulations revising ADA regulations, including its ADA Standards for Accessible Design. The revised regulations amend the Department’s title II regulation, 28 CFR Part 35, and the title III regulation, 28 CFR Part 36. Appendix A to each regulation includes a section-by-section analysis of the rule and responses to public comments on the proposed rule. Appendix B to the title III regulation discusses major changes in the ADA Standards for Accessible Design and responds to public comments received on the proposed rules. 

These final rules went into effect on March 15, 2011. Compliance with the 2010 Standards for Accessible Design is permitted as of September 15, 2010, but not required until March 15, 2012. 

For more information, see http://www.ada.gov/regs2010/ADAregs2010.htm.

**Where can I get more information about the ADAAG?**

The Access Board provides technical assistance at (800) 872-2253 or by e-mail at ta@access-board.gov or visit the Web site at:

http://www.access-board.gov/adaag/about/index.htm.

2. **Title III (Public Accommodations and Commercial Facilities)**

**New Construction:**

· **Follow ADAAG unless greater accessibility is provided**

**Renovation:**

· **Follow ADAAG unless technically infeasible**

· **Do not decrease accessibility**

Title III of the ADA requires that any alterations to, or new construction of "commercial facilities," as well as places of public accommodation, made after January 26, 1992, must conform to the ADAAG (incorporated in DOJ’s Title III regulations). "Commercial facilities" are defined as any nonresidential facility whose operations affect commerce, including office buildings, factories and warehouses; therefore, the facilities of most employers will be subject to this requirement. An alteration is any change that affects the "usability" of a facility; it does not include normal maintenance, such as painting, roofing or changes to mechanical or electrical systems, unless the changes affect the "usability" of the facility. 

Under Title III, all newly constructed public accommodations and commercial facilities for which the last building permit is certified after January 26, 1992, and which are occupied after January 26, 1993, must be accessible in accordance with the standards of the ADAAG. However, Title III does not require elevators in facilities under 3 stories or with less than 3000 square feet per floor, unless the building is a shopping center, mall, professional office of a health provider, or public transportation station. 

**Existing Facilities:**

· **Readily achievable barrier removal in all public accommodations**

Title III of the ADA requires that places of public accommodation (such as banks, retail stores, theaters, hotels, and restaurants) make their goods and services accessible generally, to all people with disabilities. Under Title III, existing buildings and facilities of a public accommodation must be made accessible by removing architectural barriers or communications barriers that are structural in nature, if this is "readily achievable." If barrier removal is not "readily achievable," services must be provided to people with disabilities in some alternative manner if this is "readily achievable."

**Where can I get more information about the requirements of Title III?**

Contact the DOJ’s ADA Information Line for more information at (800) 514-0301, or visit DOJ’s ADA Home Page at http://www.ada.gov. 

3. **Title II (State and Local Government)**

**New Construction:**

· **Follow ADAAG unless greater accessibility is provided**

**Renovation:**

· **Follow ADAAG unless technically infeasible**

· **Do not decrease accessibility**

Under Title II, any alterations to, or new construction of, state or local government facilities made after January 26, 1992, must conform either with the ADAAG (however, the exception regarding elevators does not apply to State or local governments) or with the UFAS. Facilities under design on January 26, 1992, must comply with this requirement if bids were invited after that date.

**Existing Facilities:**

· **Programs and activities, when viewed in their entirety, must be accessible and useable by people with disabilities, which might not require that every building be accessible**

· **Unless undue burden or fundamental alteration of the program or activity**

Title II requires that state and local governments operate each service, program, or activity in existing facilities so that, when viewed in its entirety, it is readily accessible to and useable by persons with disabilities, unless this would cause a "fundamental alteration" in the nature of the program or service, or would result in "undue financial and administrative burdens." This means that state and local governments do not necessarily have to make every existing building accessible. Instead, they may be able to meet their program accessibility requirements by moving a program or activity to an accessible building as needed. 

The obligation for state and local governments to provide "program accessibility" in existing facilities under Title II differs from their obligation to provide access as employers under Title I (see Title I discussion).

**Where can I get more information about the requirements of Title II?**

Contact the DOJ’s ADA Information Line for more information at (800) 514-0301, or visit DOJ’s ADA Home Page at http://www.ada.gov. 

4. **Title I (Private Employers and State and Local Government Employers)**

**New Construction:**

· **Follow ADAAG unless greater accessibility is provided**

**Renovation:**

· **Follow ADAAG unless technically infeasible**

· **Do not decrease accessibility**

Private employers that occupy commercial facilities or operate places of public accommodation and state and local governments must conform to more extensive accessibility requirements under Title III and Title II when making alterations to existing facilities or undertaking new construction.

**Existing Facilities:**

· **Meet individual applicant’s or employee’s needs under reasonable accommodation obligation**

· **Unless undue hardship**

Private employers with 15 or more employees and state and local government employers must provide reasonable accommodations for employees with disabilities, including accommodations related to accessibility. The employer's obligation under Title I is to provide access for an individual applicant to participate in the job application process, and for an individual employee with a disability to perform the essential functions of his/her job, including access to a building, to the work site, to needed equipment, and to all facilities used by employees. The employer must provide such access unless it would cause an undue hardship. 

Under Title I, an employer is not required to make its existing facilities accessible until a particular applicant or employee with a particular disability needs an accommodation, and then the modifications should meet that individual's work needs. The employer does not have to make changes to provide access in places or facilities that will not be used by that individual for employment related activities or benefits.

**Where can I get more information about the requirements of Title I?**

The Equal Employment Opportunity Commission (EEOC) enforces Title I of the ADA. Contact the EEOC at (800) 669-4000 or visit the EEOC’s Web site at http://www.eeoc.gov. 

You can also contact JAN for ADA information at (800) ADA-WORK (232-9675) (V) or (877) 781-9403 (TTY) or visit JAN’s Web site at http://askjan.org.

Updated 3/24/10.

This document was developed by the Job Accommodation Network, funded by a contract agreement from the U.S. Department of Labor, Office of Disability Employment Policy (DOL079RP20426). The opinions expressed herein do not necessarily reflect the position or policy of the U.S. Department of Labor. Nor does mention of trade names, commercial products, or organizations imply endorsement by the U.S. Department of Labor.

 Accessibility under the Americans with Disabilities Act

Fact Sheet Series