[Ohio-talk] Text of ADA as Amended Link was RE: FW: ADA language

Thu Oct 8 21:27:05 UTC 2015

For anyone wanting to peruse the full text of the Americans with
Disabilities Act of 1990, as Amended, you can find it at this link:

http://www.ada.gov/pubs/adastatute08.htm

Cheryl included the citation under discussion provided by Parnell in her
post and I'm including the full text of Section 12201 following my signature
for those interested in how the law is presented at the above link.

I'm not an attorney but I used to do a lot of research in the Internal
Revenue Code which is structured in a similar fashion to the ADA. The
numbered parts like 12201 below are sections, the next parts in
parenthetical lower case letters are subsections, next come parenthetical
numbers which are paragraphs, and finally, parenthetical lowercase roman
numerals such as (i), (ii), (iii), etc. which are subparagraphs.

Alan Lemly

Sec. 12201. Construction

(a) In general

Except as otherwise provided in this chapter, nothing in this chapter shall
be construed to apply a lesser standard than the standards applied under
title V of the Rehabilitation Act of 1973 (29 U.S.C. 790 et seq.) or the
regulations issued by Federal agencies pursuant to such title.

(b) Relationship to other laws

Nothing in this chapter shall be construed to invalidate or limit the
remedies, rights, and procedures of any Federal law or law of any State or
political subdivision of any State or jurisdiction that provides greater or
equal protection for the rights of individuals with disabilities than are
afforded by this chapter. Nothing in this chapter shall be construed to
preclude the prohibition of, or the imposition of restrictions on, smoking
in places of employment covered by subchapter I of this chapter, in
transportation covered by subchapter II or III of this chapter, or in places
of public accommodation covered by subchapter III of this chapter.

(c) Insurance

Subchapters I through III of this chapter and title IV of this Act shall not
be construed to prohibit or restrict

(1) an insurer, hospital or medical service company, health maintenance
organization, or any agent, or entity that administers benefit plans, or
similar organizations from underwriting risks, classifying risks, or
administering such risks that are based on or not inconsistent with State
law; or

(2) a person or organization covered by this chapter from establishing,
sponsoring, observing or administering the terms of a bona fide benefit plan
that are based on underwriting risks, classifying risks, or administering
such risks that are based on or not inconsistent with State law; or

(3) a person or organization covered by this chapter from establishing,
sponsoring, observing or administering the terms of a bona fide benefit plan
that is not subject to State laws that regulate insurance.

Paragraphs (1), (2), and (3) shall not be used as a subterfuge to evade the
purposes of subchapter I and III of this chapter.

(d) Accommodations and services

Nothing in this chapter shall be construed to require an individual with a
disability to accept an accommodation, aid, service, opportunity, or benefit
which such individual chooses not to accept.

(e) Benefits under State worker's compensation laws

Nothing in this chapter alters the standards for determining eligibility for
benefits under State worker's compensation laws or under State and Federal
disability benefit programs.

(f) Fundamental alteration

Nothing in this chapter alters the provision of section 12182(b)(2)(A)(ii),
specifying that reasonable modifications in policies, practices, or
procedures shall be required, unless an entity can demonstrate that making
such modifications in policies, practices, or procedures, including academic
requirements in postsecondary education, would fundamentally alter the
nature of the goods, services, facilities, privileges, advantages, or
accommodations involved.

(g) Claims of no disability

Nothing in this chapter shall provide the basis for a claim by an individual
without a disability that the individual was subject to discrimination
because of the individual's lack of disability.

(h) Reasonable accommodations and modifications

A covered entity under subchapter I, a public entity under subchapter II,
and any person who owns, leases (or leases to), or operates a place of
public accommodation under subchapter III, need not provide a reasonable
accommodation or a reasonable modification to policies, practices, or
procedures to an individual who meets the definition of disability in
section 12102(1) solely under subparagraph (C) of such section.

-----Original Message-----
From: Ohio-talk [mailto:ohio-talk-bounces at nfbnet.org] On Behalf Of Cheryl
Fischer via Ohio-talk
Sent: Thursday, October 08, 2015 3:24 PM
To: NFB of Ohio Announcement and Discussion List
Cc: Cheryl Fischer
Subject: [Ohio-talk] FW: ADA language

Below is the actual citation sent to me by Parnell Diggs.

Cheryl

From: Diggs, Parnell [mailto:PDiggs at nfb.org] 
Sent: Thursday, October 08, 2015 3:24 PM
To: c16a19f at sbcglobal.net
Subject: ADA language

Hello there,

Here is that language I cited earlier.  It will take me some time to see
what else I can find regarding people with disabilities participating in the
process of deciding what accommodations to use.  Please let me know you got
this.  Thanks.

42 U.S.C. 12201

"(d) Accommodations and services

Nothing in this chapter shall be construed to require an individual with a
disability to accept

an accommodation, aid, service, opportunity, or benefit which such
individual chooses not to accept."

Parnell Diggs, Esq.

Director of Government Affairs

National Federation of the Blind

200 East Wells Street

Baltimore, MD 21230

Office: (410) 659-9314, extension 2222

Mobile: (843) 267-2018

Email:  <mailto:pdiggs at nfb.org> pdiggs at nfb.org

Twitter: @NFB_Voice

  @ParnellDiggs

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characteristic that defines you or your future. Every day we raise the
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