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Americans with Disabilities Act (ADA)

This page provides an overview of the Americans with Disabilities Act (ADA) for Washington local government agencies, including examples of local policies and procedures.

Overview

The Americans with Disabilities Act (ADA) is the landmark federal legislation that opened up services and employment opportunities to the more than 60 million Americans with disabilities. It was passed July 26, 1990, as Public Law 101-336 (42 U.S.C. § 12101 et seq.) and became effective on January 26, 1992. The law was written to strike a balance between the reasonable accommodation of citizens' needs and the capacity of private and public entities to respond. It is not an affirmative action law but is intended to eliminate illegal discrimination and level the playing field for people with disabilities.

The law is comprised of five titles that prohibit discrimination against people with disabilities. Titles I and II are the primary sections that affect local governments.

  • Title I prohibits employers, including counties, cities and other local governments, from discriminating against qualified job applicants and workers who have disabilities or become disabled. The law covers all aspects of employment including the application process and hiring, training, compensation, advancement, and any other employment term, condition, or privilege.
  • Title II prohibits state and local governments from discriminating against people with disabilities in their programs and activities. Title II also sets forth the applicable structural accessibility requirements for public entities.
  • Title III prohibits private enterprises who provide public accommodations and services (e.g., hotels, restaurants, and transit systems) from denying goods, services and programs to people based on their disabilities. Title III also sets forth the applicable structural accessibility requirements for private entities.
  • Title IV makes available telecommunications devices and services for the hearing and speech impaired. These regulations spell out certain mandatory minimum standards telephone companies must maintain to be in compliance with the ADA.
  • Title V includes some miscellaneous provisions that relate to the construction and application of the ADA, including alternative dispute resolution.

The U.S. Department of Justice (DOJ), Civil Rights Division, maintains the website ADA.gov that includes the law and regulations, design standards, technical assistance materials, and portals to file complaints. Below are some DOJ resources specific to local governments:

  • ADA Update – A Primer for State and Local Governments (2020) – Addresses nondiscrimination requirements, such as program accessibility, service animals, communicating with people with disabilities, power-driven mobility devices, policies and procedures, and 2010 ADA Standards for Accessible Design to the built environment, including existing buildings, new construction and alterations.
  • The ADA and City Governments: Common Problems (2020) – This document contains a sampling of common problems shared by city governments of all sizes that have been identified through the Department of Justice's ongoing enforcement efforts. The document provides examples of common deficiencies and explains how these problems affect persons with disabilities.
  • Cities and Counties: First Steps Toward Solving Common ADA Problems (2004) – A short article, with very useful photographs, discussing and graphically outlining common problems faced by persons with disabilities when dealing with local governments and their facilities
  • ADA Best Practices Tool Kit for State and Local Governments (2007) – The Tool Kit is designed to teach state and local government officials how to identify and fix problems that prevent people with disabilities from gaining equal access to state and local government programs, services, and activities. It also offers assistance to state and local officials as to how to conduct accessibility surveys of their buildings and facilities to identify and remove architectural barriers to access.

Statutes and Regulations

Statutes

Regulations

Employment Resources (ADA Title I)

Title I prohibits employers, including counties, cities, towns and other local governments, from discriminating against qualified job applicants and workers who are or who become disabled. The law covers all aspects of employment including the application process and hiring, training, compensation, advancement, and any other employment term, condition, or privilege.

Equal Employment Opportunity Commission (EEOC) Resources

The U.S. Equal Employment Opportunity Commission enforces Title I of the ADA. Below are resources from the EEOC:

U.S. Department of Justice (DOJ) Resources

Below are some additional resources regarding the ADA and hiring:

State and Local Governments Resources (ADA Title II)

Title II prohibits state and local governments from discriminating against people with disabilities in their programs and activities. Title II also sets forth the applicable structural accessibility requirements for public entities.

U.S. Department of Justice (DOJ) Resources

The U.S. Department of Justice, Civil Rights Division, enforces title II of the ADA. Below are some of their resources:

U.S. Access Board Resources

The U.S. Access Board is a federal agency that develops and maintains design criteria for the built environment, transit vehicles, information and communication technology, and medical diagnostic equipment under the ADA and other laws. Below are some of their resources:

  • Guide to the ADA Standards – Provides information on accessible routes, including doors and gates, ramps and curb ramps, elevators and platform lifts. The guide also includes animations on wheelchair maneuvering, entrances and doors, toilet and bathing facilities, and information on dealing with protruding objects. Other topics covered are design requirements for places of public accommodation and for state and local government facilities covered by the ADA.
  • A Summary of Accessibility Guidelines for Play Areas (2007) – Guidelines providing a comprehensive set of criteria for access to play areas, covering the number of play components required to be accessible, accessible surfacing in play areas, ramp access and transfer system access to elevated structures, and access to soft contained play structures. The guidelines address play areas provided at schools, parks, child care facilities (except those based in the operator's home, which are exempt), and other facilities subject to the ADA. This continues to be the primary source document on this subject.

Other Resources

The below resources provide additional helpful ADA information:

Sidewalk Accessibility under the ADA

In Barden v. City of Sacramento (2002), the U.S. Court of Appeals, Ninth Circuit, ruled that sidewalks installed and maintained by local governments must be accessible to persons with disabilities under the Americans with Disabilities Act (ADA). The court held that the operation of sidewalks is a municipal "service, program, or activity" under Title II of the ADA and that maintaining a public sidewalk is a "normal function of a governmental entity." Per the decision, the City of Sacramento had a duty to provide curb ramps at intersections on newly-constructed or remodeled roadways and walkways, and was directed to develop a program which would assure the accessibility of all its sidewalks between curb ramps. The U.S. Supreme Court declined review.

Consistent with this decision, local governments in Washington must ensure accessibility of their sidewalks to, for example, persons using wheelchairs or those with sight impairments.

Below are some resources regarding sidewalk accessibility.

Public Accommodations and Services (ADA Title III)

Title III prohibits private enterprises who provide public accommodations and services (e.g., hotels, restaurants, and transit systems) from denying goods, services and programs to people based on their disabilities. Title III also sets forth the applicable structural accessibility requirements for private entities.

Below are resources from the U.S. Department of Justice, Civil Rights Division:

Examples of Policies and Procedures

Some jurisdictions have adopted policies affirming their commitment to aims of the ADA and establishing procedures and forms to implement the law's requirements. The following are examples of local policies and notices.

Legal Resources

U.S. Department of Justice (DOJ) Civil Rights Division

U.S. Equal Employment Opportunity Commission (EEOC)

Washington State Human Rights Commission

  • Guide to Disability & Washington State Non-Discrimination Laws (2012) – Discusses definitions and answers common questions regarding Washington's definition of "disability," which is broader, covers more medical conditions, and is not restricted to a condition that substantially limits a major life activity.

Recommended Resources


Last Modified: February 23, 2024