42 U.S.C. § 12101 — Findings and purpose

Page 8237 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12101 read as follows: ‘‘The plan shall accompany the Presi- dent’s annual budget submission to the Congress.’’ Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which reports required under subsecs. (a) and (b) of this section are listed as the 20th item on page 84 and the 19th item on page 86), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Fi- nance. § 12007. No antitrust immunity or defenses Nothing in this chapter shall be deemed to convey to any person, partnership, corporation, or other entity immunity from civil or criminal liability under any antitrust law or to create de- fenses to actions under any antitrust law. As used in this section, ‘‘antitrust laws’’ means those Acts set forth in section 12 of title 15. (Pub. L. 101–218, § 10, Dec. 11, 1989, 103 Stat. 1869.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 101–218, Dec. 11, 1989, 103 Stat. 1859, known as the Renewable Energy and Energy Efficiency Technology Competitiveness Act of 1989, which is classified principally to this chapter. For com- plete classification of this Act to the Code, see Short Title note set out under section 12001 of this title and Tables. CHAPTER 126—EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES Sec. 12101. Findings and purpose. 12102. Definition of disability. 12103. Additional definitions. SUBCHAPTER I—EMPLOYMENT 12111. Definitions. 12112. Discrimination. 12113. Defenses. 12114. Illegal use of drugs and alcohol. 12115. Posting notices. 12116. Regulations. 12117. Enforcement. SUBCHAPTER II—PUBLIC SERVICES PART A—PROHIBITION AGAINST DISCRIMINATION AND OTHER GENERALLY APPLICABLE PROVISIONS 12131. Definitions. 12132. Discrimination. 12133. Enforcement. 12134. Regulations. PART B—ACTIONS APPLICABLE TO PUBLIC TRANSPOR- TATION PROVIDED BY PUBLIC ENTITIES CONSIDERED DISCRIMINATORY SUBPART I—PUBLIC TRANSPORTATION OTHER THAN BY AIRCRAFT OR CERTAIN RAIL OPERATIONS 12141. Definitions. 12142. Public entities operating fixed route systems. 12143. Paratransit as a complement to fixed route service. 12144. Public entity operating a demand responsive system. 12145. Temporary relief where lifts are unavailable. Sec. 12146. New facilities. 12147. Alterations of existing facilities. 12148. Public transportation programs and activi- ties in existing facilities and one car per train rule. 12149. Regulations. 12150. Interim accessibility requirements. SUBPART II—PUBLIC TRANSPORTATION BY INTERCITY AND COMMUTER RAIL 12161. Definitions. 12162. Intercity and commuter rail actions consid- ered discriminatory. 12163. Conformance of accessibility standards. 12164. Regulations. 12165. Interim accessibility requirements. SUBCHAPTER III—PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY PRIVATE ENTI- TIES 12181. Definitions. 12182. Prohibition of discrimination by public ac- commodations. 12183. New construction and alterations in public accommodations and commercial facilities. 12184. Prohibition of discrimination in specified public transportation services provided by private entities. 12185. Study. 12186. Regulations. 12187. Exemptions for private clubs and religious or- ganizations. 12188. Enforcement. 12189. Examinations and courses. SUBCHAPTER IV—MISCELLANEOUS PROVISIONS 12201. Construction. 12202. State immunity. 12203. Prohibition against retaliation and coercion. 12204. Regulations by Architectural and Transpor- tation Barriers Compliance Board. 12205. Attorney’s fees. 12205a. Rule of construction regarding regulatory au- thority. 12206. Technical assistance. 12207. Federal wilderness areas. 12208. Transvestites. 12209. Instrumentalities of Congress. 12210. Illegal use of drugs. 12211. Definitions. 12212. Alternative means of dispute resolution. 12213. Severability. § 12101. Findings and purpose (a) Findings The Congress finds that— (1) physical or mental disabilities in no way diminish a person’s right to fully participate in all aspects of society, yet many people with physical or mental disabilities have been pre- cluded from doing so because of discrimina- tion; others who have a record of a disability or are regarded as having a disability also have been subjected to discrimination; (2) historically, society has tended to isolate and segregate individuals with disabilities, and, despite some improvements, such forms of discrimination against individuals with dis- abilities continue to be a serious and pervasive social problem; (3) discrimination against individuals with disabilities persists in such critical areas as employment, housing, public accommodations, education, transportation, communication, recreation, institutionalization, health serv- ices, voting, and access to public services; Page 8238 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12101 (4) unlike individuals who have experienced discrimination on the basis of race, color, sex, national origin, religion, or age, individuals who have experienced discrimination on the basis of disability have often had no legal re- course to redress such discrimination; (5) individuals with disabilities continually encounter various forms of discrimination, in- cluding outright intentional exclusion, the discriminatory effects of architectural, trans- portation, and communication barriers, over- protective rules and policies, failure to make modifications to existing facilities and prac- tices, exclusionary qualification standards and criteria, segregation, and relegation to lesser services, programs, activities, benefits, jobs, or other opportunities; (6) census data, national polls, and other studies have documented that people with dis- abilities, as a group, occupy an inferior status in our society, and are severely disadvantaged socially, vocationally, economically, and edu- cationally; (7) the Nation’s proper goals regarding indi- viduals with disabilities are to assure equality of opportunity, full participation, independent living, and economic self-sufficiency for such individuals; and (8) the continuing existence of unfair and unnecessary discrimination and prejudice de- nies people with disabilities the opportunity to compete on an equal basis and to pursue those opportunities for which our free society is justifiably famous, and costs the United States billions of dollars in unnecessary ex- penses resulting from dependency and non- productivity. (b) Purpose It is the purpose of this chapter— (1) to provide a clear and comprehensive na- tional mandate for the elimination of dis- crimination against individuals with disabil- ities; (2) to provide clear, strong, consistent, en- forceable standards addressing discrimination against individuals with disabilities; (3) to ensure that the Federal Government plays a central role in enforcing the standards established in this chapter on behalf of indi- viduals with disabilities; and (4) to invoke the sweep of congressional au- thority, including the power to enforce the fourteenth amendment and to regulate com- merce, in order to address the major areas of discrimination faced day-to-day by people with disabilities. (Pub. L. 101–336, § 2, July 26, 1990, 104 Stat. 328; Pub. L. 110–325, § 3, Sept. 25, 2008, 122 Stat. 3554.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b), was in the original ‘‘this Act’’, meaning Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out below and Tables. AMENDMENTS 2008—Subsec. (a)(1). Pub. L. 110–325, § 3(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: ‘‘some 43,000,000 Americans have one or more physical or mental disabilities, and this number is in- creasing as the population as a whole is growing older;’’. Subsec. (a)(7) to (9). Pub. L. 110–325, § 3(2), (3), redesig- nated pars. (8) and (9) as (7) and (8), respectively, and struck out former par. (7) which read as follows: ‘‘indi- viduals with disabilities are a discrete and insular mi- nority who have been faced with restrictions and limi- tations, subjected to a history of purposeful unequal treatment, and relegated to a position of political pow- erlessness in our society, based on characteristics that are beyond the control of such individuals and result- ing from stereotypic assumptions not truly indicative of the individual ability of such individuals to partici- pate in, and contribute to, society;’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110–325 effective Jan. 1, 2009, see section 8 of Pub. L. 110–325, set out as a note under section 705 of Title 29, Labor. SHORT TITLE OF 2008 AMENDMENT Pub. L. 110–325, § 1, Sept. 25, 2008, 122 Stat. 3553, pro- vided that: ‘‘This Act [enacting sections 12103 and 12205a of this title, amending this section, sections 12102, 12111 to 12114, 12201, and 12206 to 12213 of this title, section 705 and former section 706 of Title 29, Labor, and enacting provisions set out as notes under this sec- tion and section 705 of Title 29] may be cited as the ‘ADA Amendments Act of 2008’.’’ SHORT TITLE Pub. L. 101–336, § 1(a), July 26, 1990, 104 Stat. 327, pro- vided that: ‘‘This Act [enacting this chapter and sec- tion 225 of Title 47, Telecommunications, amending sec- tion 706 of Title 29, Labor, and sections 152, 221, and 611 of Title 47, and enacting provisions set out as notes under sections 12111, 12131, 12141, 12161, and 12181 of this title] may be cited as the ‘Americans with Disabilities Act of 1990’.’’ FINDINGS AND PURPOSES OF PUB. L. 110–325 Pub. L. 110–325, § 2, Sept. 25, 2008, 122 Stat. 3553, pro- vided that: ‘‘(a) FINDINGS.—Congress finds that— ‘‘(1) in enacting the Americans with Disabilities Act of 1990 (ADA) [42 U.S.C. 12101 et seq.], Congress intended that the Act ‘provide a clear and com- prehensive national mandate for the elimination of discrimination against individuals with disabilities’ and provide broad coverage; ‘‘(2) in enacting the ADA, Congress recognized that physical and mental disabilities in no way diminish a person’s right to fully participate in all aspects of so- ciety, but that people with physical or mental dis- abilities are frequently precluded from doing so be- cause of prejudice, antiquated attitudes, or the fail- ure to remove societal and institutional barriers; ‘‘(3) while Congress expected that the definition of disability under the ADA would be interpreted con- sistently with how courts had applied the definition of a handicapped individual under the Rehabilitation Act of 1973 [29 U.S.C. 701 et seq.], that expectation has not been fulfilled; ‘‘(4) the holdings of the Supreme Court in Sutton v. United Air Lines, Inc., 527 U.S. 471 (1999) and its com- panion cases have narrowed the broad scope of pro- tection intended to be afforded by the ADA, thus eliminating protection for many individuals whom Congress intended to protect; ‘‘(5) the holding of the Supreme Court in Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, 534 U.S. 184 (2002) further narrowed the broad scope of protection intended to be afforded by the ADA; ‘‘(6) as a result of these Supreme Court cases, lower courts have incorrectly found in individual cases that Page 8239 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12102 people with a range of substantially limiting impair- ments are not people with disabilities; ‘‘(7) in particular, the Supreme Court, in the case of Toyota Motor Manufacturing, Kentucky, Inc. v. Wil- liams, 534 U.S. 184 (2002), interpreted the term ‘sub- stantially limits’ to require a greater degree of limi- tation than was intended by Congress; and ‘‘(8) Congress finds that the current Equal Employ- ment Opportunity Commission ADA regulations de- fining the term ‘substantially limits’ as ‘significantly restricted’ are inconsistent with congressional in- tent, by expressing too high a standard. ‘‘(b) PURPOSES.—The purposes of this Act [see Short Title of 2008 Amendment note above] are— ‘‘(1) to carry out the ADA’s objectives of providing ‘a clear and comprehensive national mandate for the elimination of discrimination’ and ‘clear, strong, con- sistent, enforceable standards addressing discrimina- tion’ by reinstating a broad scope of protection to be available under the ADA; ‘‘(2) to reject the requirement enunciated by the Supreme Court in Sutton v. United Air Lines, Inc., 527 U.S. 471 (1999) and its companion cases that whether an impairment substantially limits a major life activity is to be determined with reference to the ameliorative effects of mitigating measures; ‘‘(3) to reject the Supreme Court’s reasoning in Sut- ton v. United Air Lines, Inc., 527 U.S. 471 (1999) with regard to coverage under the third prong of the defi- nition of disability and to reinstate the reasoning of the Supreme Court in School Board of Nassau County v. Arline, 480 U.S. 273 (1987) which set forth a broad view of the third prong of the definition of handicap under the Rehabilitation Act of 1973; ‘‘(4) to reject the standards enunciated by the Su- preme Court in Toyota Motor Manufacturing, Ken- tucky, Inc. v. Williams, 534 U.S. 184 (2002), that the terms ‘substantially’ and ‘major’ in the definition of disability under the ADA ‘need to be interpreted strictly to create a demanding standard for quali- fying as disabled,’ and that to be substantially lim- ited in performing a major life activity under the ADA ‘an individual must have an impairment that prevents or severely restricts the individual from doing activities that are of central importance to most people’s daily lives’; ‘‘(5) to convey congressional intent that the stand- ard created by the Supreme Court in the case of Toy- ota Motor Manufacturing, Kentucky, Inc. v. Wil- liams, 534 U.S. 184 (2002) for ‘substantially limits’, and applied by lower courts in numerous decisions, has created an inappropriately high level of limitation necessary to obtain coverage under the ADA, to con- vey that it is the intent of Congress that the primary object of attention in cases brought under the ADA should be whether entities covered under the ADA have complied with their obligations, and to convey that the question of whether an individual’s impair- ment is a disability under the ADA should not de- mand extensive analysis; and ‘‘(6) to express Congress’ expectation that the Equal Employment Opportunity Commission will revise that portion of its current regulations that defines the term ‘substantially limits’ as ‘significantly re- stricted’ to be consistent with this Act, including the amendments made by this Act.’’ STUDY BY GENERAL ACCOUNTING OFFICE OF EXISTING DISABILITY-RELATED EMPLOYMENT INCENTIVES Pub. L. 106–170, title III, § 303(a), Dec. 17, 1999, 113 Stat. 1903, provided that, as soon as practicable after Dec. 17, 1999, the Comptroller General was to undertake a study to assess existing tax credits and other dis- ability-related employment incentives under the Amer- icans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and other Federal laws, specifically addressing the extent to which such credits and other incentives would encourage employers to hire and retain individ- uals with disabilities; and that, not later than 3 years after Dec. 17, 1999, the Comptroller General was to transmit to the appropriate congressional committees a written report presenting the results of the study and any appropriate recommendations for legislative or ad- ministrative changes. § 12102. Definition of disability As used in this chapter: (1) Disability The term ‘‘disability’’ means, with respect to an individual— (A) a physical or mental impairment that substantially limits one or more major life activities of such individual; (B) a record of such an impairment; or (C) being regarded as having such an im- pairment (as described in paragraph (3)). (2) Major life activities (A) In general For purposes of paragraph (1), major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breath- ing, learning, reading, concentrating, think- ing, communicating, and working. (B) Major bodily functions For purposes of paragraph (1), a major life activity also includes the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, blad- der, neurological, brain, respiratory, cir- culatory, endocrine, and reproductive func- tions. (3) Regarded as having such an impairment For purposes of paragraph (1)(C): (A) An individual meets the requirement of ‘‘being regarded as having such an impair- ment’’ if the individual establishes that he or she has been subjected to an action pro- hibited under this chapter because of an ac- tual or perceived physical or mental impair- ment whether or not the impairment limits or is perceived to limit a major life activity. (B) Paragraph (1)(C) shall not apply to im- pairments that are transitory and minor. A transitory impairment is an impairment with an actual or expected duration of 6 months or less. (4) Rules of construction regarding the defini- tion of disability The definition of ‘‘disability’’ in paragraph (1) shall be construed in accordance with the following: (A) The definition of disability in this chapter shall be construed in favor of broad coverage of individuals under this chapter, to the maximum extent permitted by the terms of this chapter. (B) The term ‘‘substantially limits’’ shall be interpreted consistently with the findings and purposes of the ADA Amendments Act of 2008. (C) An impairment that substantially lim- its one major life activity need not limit other major life activities in order to be con- sidered a disability.