An Act Representative of the United States of America

by Audrey T. Carroll

some 43,000,000 Americans have disabilities, and this number is increasing

despite some improvements, individuals with disabilities continue to be a serious and pervasive social problem;

individuals with disabilities persist in such critical areas as employment, housing, public accommodations, education, transportation, communication, recreation, institutionalization, health services, voting, and access to public services;

individuals with disabilities continually encounter failure, existing as lesser

people with disabilities, as a group, occupy an inferior status in our society

individuals with disabilities are an insular minority, subjected, powerless in our society, truly indicative of the ability of such individuals to contribute to society;

the Nation’s proper goals are to assure economic self-sufficiency;

the continuing existence of people with disabilities costs the United States billions of dollars in unnecessary expenses resulting from dependency and nonproductivity.

It is the purpose of this Act to provide a clear and comprehensive national mandate for the elimination of individuals with disabilities; and to regulate commerce.

The term ‘disability’ means impairment that substantially limits one or more of the major life activities; or being regarded as having such an impairment.

The term ‘qualified individual with a disability’ means an individual with a disability who can perform the essential functions of the employment position

consideration shall be given to the employer’s judgment as to what functions are essential

accommodation would impose an undue hardship on the operation of the business

A covered entity shall require a medical examination and make inquiries as to the nature or severity of the disability, consistent with business necessity.

It may be a defense to a charge of discrimination under this Act that disability performance cannot be accomplished by reasonable accommodation.

‘qualified individual with a disability’ shall not include any employee or applicant

any person alleging discrimination on the basis of disability shall avoid imposition

It shall be considered discrimination to fix a system if made effective for, accessible to and usable by individuals with disabilities.

do not significantly alter historic character

the public entity shall only be required to provide services to the extent that providing such services would not impose a burden.

TEMPORARY RELIEF shall be limited

With respect to existing public, it shall be considered discrimination to make structural changes to existing facilities in order to make such facilities accessible to individuals who use wheelchairs.

individuals with disabilities would significantly alter the historic character of the system

those modifications which are necessary for carrying out this part shall be the minimum

with respect to individuals who use wheelchairs, it shall be considered SPECIAL to have space

to accommodate individuals who wish to remain equal to not less than, OTHER ACCESSIBILITY FEATURES shall be provided to individuals with disabilities, Unless not practicable

authority shall designate the key individuals with disabilities and organizations representing such individuals, taking into consideration such factors as whether such serves the public

the appropriate person establishes milestones for achievement

the path of individuals with disabilities is in terms of cost

denial of opportunity benefits a privileged class of individuals

ADMINISTRATIVE METHODS have the effect of discriminating on the basis of disability; or

perpetuate the discrimination of others who are subject to common administrative control.

exclude or otherwise deny equalities to an individual because of known disability

to ensure that no individual with a disability is excluded, denied services, segregated or otherwise treated differently than other individuals would result in an undue burden;

The term ‘direct threat’ means a significant risk to the health or safety of others that cannot be eliminated by a modification of policies.

it is structurally impracticable to meet the requirements of respect

individuals with disabilities could make reasonable modifications

minimum guidelines governing accessibility are inconsistent

IN GENERAL any person who is being subjected on the basis of disability has reasonable grounds for believing that a person or organization covered by this title does not intend to comply with its provisions.

DENIAL OF RIGHTS- A DUTY IN GENERAL

individuals with disabilities are provided a pattern of discrimination

persons aggrieved may reasonably anticipate the need for an appropriate type of omission

If a complaint alleges a violation with respect to the rights of individuals with disabilities Nothing shall be construed to impose on an insurer, hospital or medical service company

the terms require an individual with a disability to accept RETALIATION AND COERCION.

the prevailing party shall develop a plan to implement technical assistance to individuals and institutions for profit

the National Council on Disability shall facilitate CONGRESS AND THE AGENCIES OF THE LEGISLATIVE BRANCH.

full recognition of the right of individuals with disabilities does not include an individual who is currently engaging in the illegal use of drugs, homosexuality and bisexuality.

CERTAIN CONDITIONS- Under this Act -- gender identity disorders or other sexual behavior disorders - shall be a violation of reasonable policies or procedures

CONFORMING Where appropriate and to the extent authorized by law is encouraged to resolve disputes arising under this Act.