Where to Turn... Your Guide to Federal Disability Policies and Programs Authors Patrice Drew, Esq. Cathy Ficker Terrill Anne C. Parrette, Esq. Project Coordinator Janna Starr Editors Larry H. Hoffer Lisa Ward Monique Marino Brain Injury Association US Department of Health and Human Services HRSA Health Resources and Services Administration Maternal and Child Health Bureau Disclaimer The Brain Injury Association shall not be held liable for content changes made by unauthorized parties, including but not limited to: alterations of text, images or other information within Where to Turn: Your Guide to Federal Disability Policies and Programs (the Guide.) The Guide contains general information. It is not an authoritative legal document, nor shall it be construed as legal advice. The Guide shall not be relied upon as a legal authority for acting or refusing to act. The information contained in the Guide may change as Federal polices and programs are amended periodically. The Brain Injury Association is not responsible for notifying the Public of these changes. Americans with Disabilities Act (ADA) The Americans with Disabilities Act (ADA) prohibits discrimination in employment, state and local government, public accommodations, commercial facilities, transportation and telecommunications, against a person with a disability. Does the ADA protect me? To be protected by the ADA, one must have: A disability, or A relationship or association with an individual with a disability Do I have a disability? The ADA defines an individual with a disability as: A person who has a physical or mental impairment that substantially limits one or more major life activities OR A person who has a history or record of such an impairment OR A person who is perceived by others as having such an impairment What is a Major Life Activity? Major life activities are activities that an average person can perform with little or no difficulty such as walking, breathing, seeing, hearing, speaking, learning and working. Title I: Employment What employers are covered by the ADA? The following, if they employ 15 or more individuals: Private employers State and local governments Employment agencies Labor organizations Labor-management If I have a disability, am I protected against not being hired for the job I want? If you have a disability, you also must be qualified to perform the essential functions or duties of a job, with or without reasonable accommodation, in order to be protected from job discrimination by the ADA. This means two things: first, you must satisfy the employer's requirements for the job, such as education, employment experience, skills or licenses. Second, you must be able to perform the essential functions of the job, with or without reasonable accommodation. Essential functions are the basic job duties that you must be able to perform, on your own or with the help of a reasonable accommodation. An employer cannot refuse to hire you because your disability prevents you from performing duties that are not essential to the job. What is a Reasonable Accommodation? A reasonable accommodation is any change or adjustment to a job or work environment that permits a qualified applicant or employee with a disability to participate in the job application process, perform the essential functions of a job, or enjoy benefits and privileges of employment equal to those enjoyed by employees without disabilities. For example, reasonable accommodation may include: Providing or modifying equipment or devices Job restructuring Part-time or modified work schedules Reassignment to a vacant position Adjusting or modifying examinations, training materials or policies Providing readers and interpreters Making the workplace readily accessible to and usable by people with disabilities An employer is required to provide a reasonable accommodation to a qualified applicant or employee with a disability unless the employer can prove that the accommodation would be an "undue hardship" - that is, it would require significant difficulty or expense. Discriminatory Practices Under ADA, it is illegal to discriminate in any aspect of employment, including: Hiring and firing Compensation, assignment or classification of employees Transfer, promotion, layoff or recall Recruitment Testing Use of company facilities Training and apprenticeship programs Fringe benefits Pay, retirement plans and disability leave Other terms and conditions of employment. It also is unlawful for an employer to retaliate against you for asserting your rights under the ADA. The Act also protects you if you are a victim of discrimination because of your family, business, social or other relationship or association with an individual with a disability. Can an employer require medical examinations or ask questions about a disability? If you are applying for a job, an employer cannot ask you if you are disabled or ask about the nature or severity of your disability. An employer can ask if you can perform the duties of the job with or without reasonable accommodation. An employer also can ask you to describe or demonstrate how, with or without reasonable accommodation, you will perform the duties of the job. An employer cannot require you to take a medical examination before you are offered a job. Following a job offer, an employer can condition the offer on your passing a required medical examination, but only if all entering employees for that job category have to take the examination. An employer cannot reject you because of information about your disability revealed by the medical examination unless the reasons for rejection are job-related and necessary for the conduct of the employer's business. The employer cannot refuse to hire you because of your disability if you can perform the essential functions of the job with an accommodation. Once you have been hired and started work, your employer cannot require that you take a medical examination or ask questions about your disability unless they are related to your job and necessary for the conduct of your employer's business. Your employer may conduct voluntary medical examinations that are part of an employee health program, and may provide medical information required by state workers' compensation laws to the agencies that administer such laws. The results of all medical examinations must be kept confidential and maintained in separate medical files. Do individuals who use drugs illegally have rights under the ADA? Anyone who is currently using drugs illegally is not protected by the ADA and may be denied employment or fired on the basis of such use. The ADA does not prevent employers from testing applicants or employees for current illegal drug use. What do I do if I think that I'm being discriminated against in the workplace? You generally have 180 days from the time of the incident you think is discriminating to file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC). That time may be extended to 300 days to file a charge if there is a state or local law that provides relief for discrimination on the basis of disability. However, it is probably in your best interest to contact the EEOC promptly if you suspect discrimination. You may contact any EEOC field office, located in cities throughout the United States. If you have been discriminated against, you are entitled to a remedy that will place you in the position you would have been in if the discrimination had never occurred. You may be entitled to hiring, promotion, reinstatement, back pay or reasonable accommodation, including reassignment. If you have an attorney, you also may be entitled to payment of your attorney's fees. Individuals may file a lawsuit in Federal court only after they receive a "right-to-sue" letter from the EEOC. While the EEOC only can process ADA charges based on actions occurring on or after July 26, 1992, you may already be protected by state or local laws or other current federal laws. EEOC field offices can refer you to the agencies that enforce those laws. To contact the EEOC, look in your telephone directory under "U.S. Government." For information and instructions on reaching your local office, call: (800) 669-4000 (Voice) (800) 669-6820 (TDD) (In the Washington, D.C. 202 Area Code, call 202-663-4900 (voice) or 202-663-4494 (TDD).) If I am an employer, where can I get additional ADA information and assistance? The EEOC conducts an active technical assistance program to promote voluntary compliance with the ADA. This program is designed to help people with disabilities understand their rights and help employers understand their responsibilities under the law. In January 1992, EEOC published a Technical Assistance Manual, providing practical application of legal requirements to specific employment activities, with a directory of resources to aid compliance. EEOC publishes other educational materials, provides training on the law for people with disabilities and employers and participates in meetings and training programs of other organizations. EEOC staff also will respond to individual requests for information and assistance. The Commission's technical assistance program is separate from its enforcement responsibilities. Employers who seek information or assistance from the Commission will not be subject to any enforcement action because of such inquiries. The Commission also recognizes that differences and disputes about ADA requirements may arise between employers and people with disabilities as a result of misunderstandings. Such disputes frequently can be resolved more effectively through informal negotiation or mediation procedures, rather than through the formal enforcement process of the ADA. Accordingly, the EEOC will encourage efforts of employers and individuals with disabilities to settle such differences through alternative methods of dispute resolution, providing that such efforts do not deprive any individual of legal rights provided by the statute. Frequently Asked Questions about Title I of the ADA Q. Is an employer required to provide reasonable accommodation when I apply for a job? A. Yes. Applicants, as well as employees, are entitled to reasonable accommodation. For example, an employer may be required to provide a sign language interpreter during a job interview for an applicant who is deaf or hearing impaired, unless to do so would impose an undue hardship. Q. Should I tell my employer that I have a disability? A. If you think you will need a reasonable accommodation in order to participate in the application process or perform essential job functions, you should inform the employer that an accommodation will be needed. Employers are required to provide reasonable accommodation only for the physical or mental limitations of a qualified individual with a disability of which they are aware. Generally, it is the responsibility of the employee to inform the employer that an accommodation is needed. Q. Do I have to pay for a needed reasonable accommodation? A. No. The ADA requires that the employer provide the accommodation unless to do so would impose an undue hardship on the operation of the employer's business. If the cost of providing the needed accommodation would be an undue hardship, the employee must be given the choice of providing the accommodation or paying for the portion of the accommodation that causes the undue hardship. Q. Can an employer lower my salary or pay me less than other employees doing the same job because I need a reasonable accommodation? A. No. An employer cannot make up the cost of providing a reasonable accommodation by lowering your salary or paying you less than other employees in similar positions. Q. Does an employer have to make non- work areas used by employees, such as cafeterias, lounges or employer-provided transportation accessible to people with disabilities? A. Yes. The requirement to provide reasonable accommodation covers all services, programs and non-work facilities provided by the employer. If making an existing facility accessible would be an undue hardship, the employer must provide a comparable facility that will enable a person with a disability to enjoy benefits and privileges of employment similar to those enjoyed by other employees, unless to do so would be an undue hardship. Q. If an employer has several qualified applicants for a job, is the employer required to select a qualified applicant with a disability over other applicants without a disability? A. No. The ADA does not require that an employer hire an applicant with a disability over other applicants because the person has a disability. The ADA only prohibits discrimination on the basis of disability. It makes it unlawful to refuse to hire a qualified applicant with a disability because of the disability or because a reasonable accommodation is required to make it possible for the person to perform essential job functions. Q. Can an employer refuse to hire me because he/she believes that it would be unsafe, because of my disability, for me to work with certain machinery required to perform the essential functions of the job? A. The ADA permits an employer to refuse to hire an individual if he/she poses a direct threat to the health or safety of himself/herself or others. A "direct threat" means a "significant risk of substantial harm." The determination that there is a direct threat must be based on objective, factual evidence regarding an individual's present ability to perform the essential functions of a job. An employer cannot refuse to hire you because of a slightly increased risk or because of fears that there might be a significant risk sometime in the future. The employer also must consider whether a risk can be eliminated or reduced to an acceptable level with a reasonable accommodation. Q. Can an employer offer a health insurance policy that excludes coverage for pre-existing conditions? A. Yes. The ADA does not affect pre-existing condition clauses contained in health insurance policies, even though such clauses may affect employees with disabilities more adversely than other employees. Q. If the health insurance offered by my employer does not cover all of the medical expenses related to my disability, does the company have to obtain additional coverage for me? A. No. The ADA only requires that an employer provide employees with disabilities equal access to whatever health insurance coverage is offered to other employees. Q. I think I was discriminated against because my wife is disabled. Can I file a charge with the EEOC? A. Yes. The ADA makes it unlawful to discriminate against an individual, whether disabled or not, because of a relationship or association with an individual with a known disability. Title II: State and Local Governments Title II of the ADA prohibits discrimination against qualified individuals with disabilities in all programs, activities, and services of public entities. It applies to all state and local governments, their departments and agencies, and any other "instrumentalities or special purpose districts" of state or local governments. It clarifies the requirements of Section 504 of the Rehabilitation Act of 1973 for public transportation systems that receive federal financial assistance, and extends coverage to all public entities that provide public transportation, whether or not they receive federal financial assistance. It establishes detailed standards for the operation of public transit systems, including commuter and intercity rail (AMTRAK). Q. How does Title II affect my participation in a state or local government's programs, activities and services? A. A state or local government must eliminate any eligibility criteria for participation in programs, activities and services that screen out or tend to screen out persons with disabilities, unless it can establish that the requirements are necessary for the provision of the service, program or activity. The state or local government may, however, adopt legitimate safety requirements necessary for safe operation if they are based on real risks, not on stereotypes or generalizations about individuals with disabilities. Finally, a public entity must modify its policies, practices, or procedures reasonably to avoid discrimination. If the public entity can demonstrate that a particular modification would alter the nature of its service, program, or activity, it is not required to make that modification. Q. Does Title II cover a public entity's employment policies and practices? A. Yes. Title II prohibits all public entities, regardless of the size of their work force, from discriminating in employment against qualified individuals with disabilities. In addition to Title II's employment coverage, Title I of the ADA and Section 504 of the Rehabilitation Act of 1973 prohibit employment discrimination by certain public entities against qualified individuals with disabilities. Q. What changes must a public entity make to its existing facilities to make them accessible? A. A public entity must ensure that individuals with disabilities are not excluded from services, programs and activities because existing buildings are inaccessible. A state or local government's programs, when viewed in their entirety, must be readily accessible to and usable by individuals with disabilities. This standard, known as "program accessibility," applies to any facilities of a public entity that existed on or after January 26, 1992. Public entities do not necessarily have to make each of their existing facilities accessible. They may provide program accessibility by a number of methods, including alteration of existing facilities, acquisition or construction of additional facilities, relocation of a service or program to an accessible facility or provision of services at alternate accessible sites. Q. When must structural changes be made to attain program accessibility? A. Structural changes needed for program accessibility must have been made no later than January 26, 1995. Q. What is a self-evaluation? A. A self-evaluation is a public entity's assessment of its current policies and practices. The self-evaluation identifies and corrects those policies and practices inconsistent with Title II's requirements. All public entities must have completed a self-evaluation by January 26, 1993. Though not a requirement, most should have these evaluations available. Q. What does Title II require for new construction and alterations? A. The ADA requires that all new buildings constructed by a state or local government be accessible. In addition, when a state or local government undertakes alterations to a building, it must make the altered portions accessible. Q. How will a state or local government know that a new building is accessible? A. A state or local government will be in compliance with the ADA for new construction and alterations if it follows either of two accessibility standards. It can choose either the Uniform Federal Accessibility Standards or the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities, the standard that must be used for public accommodations and commercial facilities under Title III of the ADA. If the state or local government chooses the ADA Accessibility Guidelines, it is not entitled to the elevator exemption (which permits certain private buildings under three stories or 3,000 square feet per floor to be constructed without an elevator). Places of accommodation include: restaurants hotels theaters doctors' offices pharmacies retail stores museums day care centers private schools parks libraries Q. What requirements apply to a public entity's emergency telephone services, such as 911? A. State and local agencies that provide emergency telephone services must provide "direct access" to individuals who rely on a TDD or computer modem for telephone communication. Telephone access through a third party or relay service does not satisfy the requirement for direct access. Where a public entity provides 911 telephone service, it may not substitute a separate seven-digit telephone line as the sole means for access to 911 services by nonvoice users. A public entity may, however, provide a separate seven-digit line for the exclusive use of nonvoice callers in addition to providing direct access for such calls to its 911 line. Q. Does Title II require that telephone emergency service systems be compatible with all formats used for nonvoice communications? A. No. At present, telephone emergency services must be compatible with the Baudot format only. Until it can be proven technically that communications in another format can operate in a reliable and compatible manner in a given telephone emergency environment, a public entity would not be required to provide direct access to computer modems using formats other than Baudot. Q. How will the ADA's requirements for state and local governments be enforced? A. Private individuals may bring lawsuits to enforce their rights under Title II and receive the same remedies as those provided under Section 504 of the Rehabilitation Act of 1973, including reasonable attorney's fees. Individuals also may file complaints with eight designated Federal agencies, including the Department of Justice and the Department of Transportation. Title III: Public Accommodations The ADA contains requirements for new construction, alterations or renovations to buildings and facilities, and improving access to existing facilities of private companies providing goods or services to the public. It also requires that state and local governments provide access to programs offered to the public. The ADA also covers effective communication with people with disabilities and eligibility criteria that may restrict or prevent access, and requires reasonable modifications of policies and practices that may be discriminatory. The ADA gives the Department of Justice (DOJ) authority to issue regulations for Title II and III of the ADA and provide technical assistance and enforcement. The Department also has authority to certify that a state or local accessibility code is equivalent to the ADA's requirements for new construction and alterations. What are Public Accommodations? A public accommodation is a private entity that owns, operates, leases from or leases to a place of public accommodation. Private clubs and religious organizations are exempt from the ADA's Title III requirements for public accommodations. Additionally, the ADA generally does not cover private residences. However, if a place of public accommodation, such as a doctor's office or day care center, is located in a private residence, those portions of the residence used for that purpose are subject to the ADA's requirements. Public accommodations must comply with basic nondiscrimination requirements that prohibit exclusion, segregation and unequal treatment. They also must comply with: Specific requirements related to architectural standards for new and altered buildings Reasonable modifications to policies, practices and procedures Effective communication with people with hearing, vision or speech disabilities Other access requirements Additionally, public accommodations must remove barriers in existing buildings where it is easy to do so without much difficulty or expense, given the public accommodation's resources. Courses and examinations related to professional, educational or trade-related applications, licensing, certifications or credentialing must be provided in a place and manner accessible to people with disabilities, or alternative accessible arrangements must be offered. Commercial facilities, such as factories and warehouses, must comply with the ADA's architectural standards for new construction and alterations. Complaints about Title III violations may be filed with the Department of Justice. In certain situations, cases may be referred to a mediation program sponsored by the Department. The Department is authorized to bring a lawsuit where there is a pattern or practice of discrimination in violation of Title III, or where an act of discrimination raises an issue of general public importance. Title III also may be enforced through private lawsuits. It is not necessary to file a complaint with the Department of Justice (or any Federal agency), or receive a "right-to-sue" letter, before going to court. Under general rules governing lawsuits brought by the Federal Government, the Department of Justice may not sue a party unless negotiations to settle the dispute have failed. The Department of Justice may file lawsuits in federal court to enforce the ADA, and courts may order compensatory damages and back pay to remedy discrimination if the Department prevails. Under Title III, the Department of Justice also may obtain civil penalties of up to $50,000 for the first violation and $100,000 for any subsequent violation. For more information or to file a complain, contact: Disability Rights Section Civil Rights Division U.S. Department of Justice P.O. Box 66738 Washington, D.C. 20035-6738 You also may call for information at: (800) 514-0301 (voice) (800) 514-0383 (TDD) Frequently Asked Questions about Title III of the ADA Q. Will the ADA have any effect on the eligibility criteria used by public accommodations to determine who may receive services? A. Yes. If a criterion screens out or tends to screen out individuals with disabilities, it only may be used if necessary for the provision of the services. For instance, it would be a violation for a retail store to have a rule excluding all deaf persons from entering the premises, or for a movie theater to exclude all individuals with cerebral palsy. More subtle forms of discrimination also are prohibited. For example, requiring presentation of a driver's license as the sole acceptable means of identification for purposes of paying by check could constitute discrimination against individuals with vision impairments. This would be true if such individuals are ineligible to receive licenses and the use of an alternative means of identification is feasible. Q. Does the ADA allow public accommodations to take safety factors into consideration in providing services to individuals with disabilities? A. The ADA expressly provides that a public accommodation may exclude an individual, if that individual poses a direct threat to the health or safety of others that cannot be mitigated by appropriate modifications in the public accommodation's policies or procedures, or the provision of auxiliary aids. A public accommodation will be permitted to establish objective safety criteria for the operation of its business. Any safety standard, however, must be based on objective requirements rather than stereotypes or generalizations about the ability of persons with disabilities to participate in an activity. Q. Are there any limits on the kinds of modifications in policies, practices and procedures required by the ADA? A. Yes. The ADA does not require modifications that would "fundamentally alter" the nature of the services provided by the public accommodation. For example, it would not be discriminatory for a physician specialist who treats only burn patients to refer a deaf individual to another physician for treatment of a broken limb or respiratory ailment. To require a physician to accept patients outside of his or her specialty would alter the nature of the medical practice fundamentally. Q. What kinds of auxiliary aids and services are required by the ADA to ensure effective communication with individuals with hearing or vision impairments? A. Appropriate auxiliary aids and services may include services and devices such as qualified interpreters, assistive listening devices, notetakers and written materials for individuals with hearing impairments; and qualified readers, taped texts, and braille or large print materials for individuals with vision impairments. Q. Are there any limitations on the ADA's auxiliary aids requirements? A. Yes. The ADA does not require the provision of any auxiliary aid that would result in an undue burden or fundamental alteration in the nature of the goods or services provided by a public accommodation. However, the public accommodation is not relieved from the duty to furnish an alternative auxiliary aid, if available, that would not result in a fundamental alteration or undue burden. Both of these limitations are derived from existing regulations and caselaw under Section 504 of the Rehabilitation Act and determined on a case-by-case basis. Q. Will restaurants be required to have braille menus? A. No. Not if waiters or other employees are made available to read the menu to a blind customer. Q. Will a clothing store be required to have braille price tags? A. No. Sales personnel could provide price information orally upon request. Q. Will a bookstore be required to maintain a sign language interpreter on its staff in order to communicate with deaf customers? A. No. Not if employees communicate by pen and notepad when necessary. Q. Are there any limitations on the ADA's barrier removal requirements for existing facilities? A. Yes. Barrier removal need be accomplished only when it is "readily achievable" to do so. Q. What does the term "readily achievable" mean? A. It means "easily accomplishable and able to be carried out without much difficulty or expense." Q. What are examples of the types of modifications that would be readily achievable in most cases? A. Examples include the simple ramping of a few steps, installation of grab bars where only routine reinforcement of the wall is required, lowering of telephones and similar modest adjustments. Q. Will businesses need to rearrange furniture and display racks? A. Possibly. For example, restaurants may need to rearrange tables and department stores may need to adjust their layout of racks and shelves in order to permit wheelchair access. Q. Will businesses need to install elevators? A. Businesses are not required to retrofit their facilities to install elevators unless such installation is readily achievable. Q. When barrier removal is not readily achievable, what kinds of alternative steps are required by the ADA? A. Alternatives may include such measures as in-store assistance for removing articles from high shelves, home delivery of groceries or coming to the door to receive or return dry cleaning. Q. Must alternative steps be taken without regard to cost? A. No. Only readily achievable alternative steps must be undertaken. Q. How is "readily achievable" determined in a multisite business? A. In determining whether an action to make a public accommodation accessible would be "readily achievable," the overall size of the parent corporation or entity is only one factor to be considered. The ADA also permits consideration of the financial resources of the particular facility or facilities involved and the administrative or fiscal relationship of the facility or facilities to the parent entity. Q. Who has responsibility for ADA compliance in leased places of public accommodation, the landlord or the tenant? A. The ADA places the legal obligation to remove barriers or provide auxiliary aids and services on both the landlord and the tenant. The landlord and the tenant may decide by lease who actually will make the changes and provide the aids and services, but both remain legally responsible. Q. What does the ADA require in new construction? A. The ADA requires that all new construction of places of public accommodation, as well as of "commercial facilities" such as office buildings, be accessible. Elevators generally are not required in facilities under three stories or with fewer than 3,000 square feet per floor, unless the building is a shopping center or mall; the professional office of a health care provider; a terminal, depot or other public transit station; or an airport passenger terminal. Q. Is it expensive to make all newly constructed places of public accommodation and commercial facilities accessible? A. The cost of incorporating accessibility features in new construction is less than one percent of construction costs. This generally is considered a small price in comparison to the economic benefits from full accessibility in the future, such as increased employment and consumer spending and a potential corresponding decreased dependency on government assistance. Q. Must every feature of a new facility be accessible? A. No. Only a specified number of elements such as parking spaces and drinking fountains must be made accessible in order for a facility to be "readily accessible." Certain nonoccupiable spaces such as elevator pits, elevator penthouses, and piping or equipment catwalks need not be accessible. Q. Does the ADA permit an individual with a disability to sue a business when that individual believes that discrimination is about to occur, or must the individual wait for the discrimination to occur? A. The ADA public accommodations provisions permit an individual to allege discrimination based on a reasonable belief that discrimination is about to occur. This provision allows a person who uses a wheelchair to challenge the planned construction of a new place of public accommodation, such as a shopping mall, that would not be accessible to individuals who use wheelchairs. The resolution of such challenges prior to the construction of an inaccessible facility would enable any necessary remedial measures to be incorporated in the building at the planning stage, when such changes would be relatively inexpensive. Q. How does the ADA affect existing state and local building codes? A. Existing codes remain in effect. The ADA allows the Attorney General to certify that a state law, local building code or similar ordinance that establishes accessibility requirements meets or exceeds the minimum accessibility requirements for public accommodations and commercial facilities. Any state or local government may apply for certification of its code or ordinance. The Attorney General can certify a code or ordinance only after prior notice and a public hearing at which interested people, including individuals with disabilities, are provided an opportunity to testify against the certification. Q. What is the effect of certification of a state or local code or ordinance? A. Certification can be advantageous if an entity has constructed or altered a facility according to a certified code or ordinance. If someone later brings an enforcement proceeding against the entity, the certification is considered "rebuttable evidence" that the state law or local ordinance meets or exceeds the minimum requirements of the ADA. In other words, the entity can argue that the construction or alteration met the requirements of the ADA because it was done in compliance with the state or local code that had been certified. Q. When are the public accommodations provisions effective? A. In general, they became effective on January 26, 1992. Q. How will the public accommodations provisions be enforced? A. Private individuals may bring lawsuits in which they can obtain court orders to stop discrimination. Individuals also may file complaints with the Attorney General, who is authorized to bring lawsuits in cases of general public importance or where a "pattern or practice" of discrimination is alleged. In these cases, the Attorney General may seek monetary damages and civil penalties. Civil penalties may not exceed $50,000 for a first violation or $100,000 for any subsequent violation. Title IV: Telecommunications Title IV addresses telephone and television access for people with hearing and speech disabilities. It requires common carriers (telephone companies) to establish interstate and intrastate telecommunications relay services (TRS) 24 hours a day, seven days a week. TRS enables callers with hearing and speech disabilities who use text telephones (TTYs or TDDs), and callers who use voice telephones, to communicate with each other through a third party communications assistant. The Federal Communications Commission (FCC) has set minimum standards for TRS services. Title IV also requires closed captioning of Federally funded public service announcements. For more information about TRS, contact the FCC at: Federal Communications Commission 1919 M Street, N.W. Washington, D.C. 20554 Documents and questions: (202) 418-0190 (voice) (202) 418-2555 (TDD) Legal Questions: (202) 418-2357 (voice) (202) 418-0484 (TDD) ADA Information Resources Federal Agencies Department of Justice's ADA Information Line and Technical Assistance http://www.usdoj.gov/crt/ada/adahom1.htm Architectural and Transportation Barriers Compliance Board 1331 F Street, N.W. Washington, D.C. 20004 (800) USA-ABLE (872-2253) (voice and TTY) (202) 272-5447 (fax) info@access-board.gov (e-mail) Provides technical assistance on architectural, transportation and communications accessibility issues. Issues specific ADA Accessibility Guidelines. Equal Employment Opportunity Commission 1801 L Street, N.W. Washington, D.C. 20507 (202) 663-4900; (800) 669-4000 (800) 669-6820 (TTY) (202) 663- 4912 (fax) http://www.eeoc.gov (website) Promulgates regulations and enforces ADA Title I provisions prohibiting discrimination in employment. Provides technical assistance to employers and persons with disabilities. U.S. Department of Justice Civil Rights Division Public Access Section P.O. Box 66738 Washington, D.C. 20035-6738 (202) 514-0301; (800) 514-0301; (800) 514-0383 (TTY) http://www.usdoj.gov/crt/ada/adahom1.htm (website) Promulgates regulations and enforces anti-discrimination provisions under Title II involving public services and under Title III involving public accommodations. Also enforces employment provisions under Title II of the ADA affecting state and local government entities. Provides technical assistance on compliance with ADA Titles II and III. Internal Revenue Service U.S. Department of the Treasury 1111 Constitution Avenue, N.W. Washington, D.C. 20224 (800) 829-1040 Provides information on tax credits and tax deductions available to businesses for costs of providing reasonable accommodations, tax information for people with disabilities, and information on the Targeted Jobs Tax Credit Program, which offers incentives for hiring individuals with disabilities referred by state vocational rehabilitation or Veterans Administration programs. National Institute on Disability and Rehabilitation Research U.S. Department of Education 600 Independence Avenue, S.W. Room 360, MES Washington, D.C. 20202-2572 (202) 205-8134; (800) 346-2742 (202) 205-9136 (TTY) (202) 205-8515 (fax) james_doherty@ed.gov (e-mail) Administers the principal federal disability research programs and ADA technical assistance centers. To reach the regional Disability and Business Technical Assistance Center (DBTAC) closest to you, call (800) 949-4ADA (voice and TTY). The DBTACs act as "one-stop" central sources of information, direct technical assistance, training and referral on ADA issues, and provide individualized responses to information requests, referrals to local sources of expertise and training on ADA provisions and disability awareness. President's Committee on Employment of People with Disabilities 1331 F Street, N.W. Washington, D.C. 20004 (202) 376-6200 (202) 376-6205 (TTY) (202) 376-6219 (fax) info@pcepd.gov (e-mail) Provides information and technical assistance on employing people with disabilities. Works with state organizations to increase employment opportunities. State Vocational Rehabilitation Services Program, Rehabilitation Services Administration Department of Education 330 C Street, S.W., Room 3127 Washington, D.C. 20202 (202) 205-5482; (202) 205-9874 (fax) Assists employers in recruiting, training, placing and accommodating people with disabilities. Offers information on state and local agencies providing rehabilitation services, training and job-related assistance to people with disabilities. National Organizations and Associations Disability Business and Technical Assistance Center 1-800-949-4232 Disability Rights Education and Defense Fund 2212 Sixth Street Berkeley, CA 94710 (510) 644-2555 (800) 466-4ADA (voice/TTY) (510) 644-2626 (TTY) (510) 841-8645 (fax) dredf@dredf.org (e-mail) Operates a telephone information line to answer ADA questions. Provides technical assistance to businesses, state and local governments, persons with disabilities and their advocates. Job Accommodation Network 918 Chestnut Ridge Road, Suite 1 P.O. Box 6080 Morgantown, WV 26506-6080 (800) 526-7234 (voice/TTY) (800) 526-4698 (in West Virginia) (800) 526-2262 (in Canada) (304) 293-5407 (fax) jan@jan.icdi.wvu.edu (e-mail) Offers information network and free telephone consulting resource. Maintains database of successful accommodations. Helps employers and individuals with disabilities use public programs dealing with disabilities. National Association of Protection and Advocacy Systems 900 Second Street, N.E., Suite 211 Washington, D.C. 20002 (202) 408-9514 (202) 408-9521 (TTY) (202) 408-9520 (fax) hn4537@handsnet.org (e-mail) Represents federally funded protection and advocacy agencies and provides materials on the ADA to state programs. Can provide lists of state protection and advocacy agencies. Every state has such a program that, among other services, provides legal representation on a selective basis. National Organization on Disability 910 16th Street, N.W., Suite 600 Washington, D.C. 20006 (202) 293-5960 (202) 293-5968 (TTY) (202) 293-7999 (fax) ability@nod.org (e-mail) Mobilizes, supports, and involves citizens and groups in working partnerships at local, state and national levels. Publishes list of liaisons employed by state organizations on disability. Has information hotline. World Institute on Disability 510 16th Street, Suite 100 Oakland, CA 94612 (510) 763-4100 (voice/TTY) A cross-disability research, training and policy development center specializing in telecommunications issues. Employment-related Resources Ability Magazine Jobs Information Business Service 1682 Langley Irvine, CA 92714 (714) 854-8700; (714) 251-7010 (TTY) (714) 435-1971 (fax) ability@pacbell.net (e-mail) Publishes magazine for disabled persons. Provides an electronic "classified" system enabling employers to recruit qualified individuals with disabilities, and enable persons with disabilities to locate employment opportunities. The Association for Persons in Supported Employment 1627 Monument Avenue, Room 301 Richmond, VA 23220 (804) 278-9187 (804) 278-9377 (fax) apse@erols.com (e-mail) Helps employers use subsidized "supported-employment" programs by matching persons with severe disabilities to employers. Provides ongoing support for such workers. Has state chapters. National Center for Disability Services 201 I.U. Willets Road Albertson, NY 11507-1599 (516) 747-5400 (516) 747-5355 (TTY) (516) 746-3298 (fax) Provides technical assistance to employers on policies and practices for integrating persons with disabilities into the work place. Provides training and placement services for people with disabilities. Washington Business Group on Health 777 North Capitol Street, N.E., Suite 800 Washington, D.C. 20002 (202) 408-9320 (202) 408-9333 (TTY) (202) 408-9332 (fax) http://www.wbgh.com (website) Promotes the employment of people with disabilities. Its Institute for Rehabilitation and Disability Management disseminates information to employers to help them implement cost-effective practices. Acts as a national clearinghouse for employers on psychiatric disabilities. Organizations for Persons with Alcohol and Drug Dependence The National Clearinghouse for Alcohol and Drug Information Center for Substance Abuse Prevention U.S. Department of Health and Human Services P.O. Box 2345 Rockville, MD 20847-2345 (800) 729-6686 (800) 487-4889 (TTY) (301) 468-6433 (fax) info@health.org (e-mail) http://www.health.org (website) The clearinghouse responds to requests for information on alcoholism and drug dependency. The technical assistance staff conducts online searches in order to refer callers to appropriate resources and organizations. Most services and publications from the clearinghouse are available at no charge. National Council on Alcoholism and Drug Dependence 12 West 21st Street New York, NY 10010 (212) 206-6770 (800) 622-2255 (212)-645-1690 (fax) national@ncadd.org (e-mail) The National Council focuses on education, prevention and treatment of affected persons and their families. Has state and local affiliates. Endnotes U.S. Department of Justice Civil Rights Division www.usdoj.gov U.S. Equal Employment Opportunity Commission www.eeoc.gov