Americans with Disabilities Act of 1988

Summary

Americans with Disabilities Act of 1988 - Provides that no person shall be subjected to discrimination on the basis of handicap in: (1) employment practices and training covered by title VII of the Civil Rights Act of 1964; (2) the sale or rental of housing covered by title VIII of the Civil Rights Act of 1968; (3) any public accommodation covered by title II of the Civil Rights Act of 1964; (4) transportation services; (5) the actions, practices, and operations of State and local governments; and (6) broadcasts, communications, or telecommunications services. Lists the forms of discrimination which are prohibited by this Act, including: (1) denying any persons the opportunity to participate in or benefit from a service, program, job, or other opportunity on the basis of his or her handicap; (2) establishing (or failing to remove) any architectural, transportation, or communication barriers that prevent the access or limit the participation of persons because of their handicap; (3) failing or refusing to make a reasonable accommodation to permit a handicapped individual to have access to a program, activity, job, or opportunity; (4) imposing any unnecessary standard or criteria that screens out or places the handicapped at a disadvantage; and (5) denying services, programs, jobs, or other opportunities to any person because of that person's relationship to, or association with, a handicapped person. Permits the exclusion or denial of equal access to services, programs, jobs, or other opportunities to persons: (1) for reasons unrelated to the existence of their handicap; or (2) based upon the application of standards or criteria that are necessary and substantially related to the ability to perform essential components of the job, program, activity, or opportunity, and such performance cannot be accomplished by a reasonable accommodation. States that it shall be an act of discrimination, in regard to housing, to discriminate in the sale or rental of a dwelling (or in the terms, conditions, or privileges of such sale or rental) to any buyer or renter because of the physical or mental impairment of: (1) the buyer or renter; (2) a person residing in, or intending to reside in, such dwelling; or (3) any person associated with the buyer or renter. States that it shall be an act of discrimination to: (1) refuse to permit reasonable modifications, at the expense of the handicapped person, to afford such person enjoyment of the premises; (2) refuse to make reasonable accommodation in rules, policies, practices, or services to afford handicapped individuals equal opportunity to use and enjoy the dwelling; or (3) fail to design and construct multifamily dwellings (after a specified date) which are accessible to the handicapped. Provides certain limitations on the duties of accommodation and barrier removal. Sets forth guidelines for the establishment of requirements and promulgation of regulations by specified Federal entities with respect to: (1) the accessibility of buildings and transportation systems; (2) the implementation and enforcement of the requirements of this Act; (3) employment practices; (4) the sale and rental of housing; and (5) the removal of communication barriers. Establishes procedures for the administrative enforcement of the provisions of this Act. Establishes a civil right of action for individuals who are subjected to discrimination in violation of this Act.

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1 official file

• Introduced in Senate

  summary · EN · 28 April 1988

  Open at official source

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