Administration

Q. Does the ADA apply to State and local governments?

A. 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 and local governments. It clarifies the requirements of section 504 of the Rehabilitation Act of 1973 for 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. When do the requirements for State and local governments become effective?

A. In general, they became effective on January 26, 1992.

Q. Does title II cover a public entity’s employment policies and practices?

A. Yes. Title II prohibits 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 against qualified individuals with disabilities by certain public entities.

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 facilities of a public entity that existed on 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 at alternate accessible sites.

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 Guidelines for Buildings and Facilities, which is the standard that must be used for public accommodation and commercial facilities under title II 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 3,000 square feet per floor to be constructed without an elevator). Specific to the State of Hawaii, Hawaii Revised Statutes (HRS) 103-50 states that the design standards to ensure that all buildings, facilities, or sites required to be accessible shall conform to the Americans with Disabilities Act Accessibility Guidelines (ADAAG) and the Federal Fair Housing Act Guidelines (FFHAG). For more information regarding HRS 103-50, see the Disability and Communication Access Board’s website at: https://hawaii.gov/health/dcab/factsheets/.