42 U.S.C. § 12201 — Construction

Page 8266 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12189 1 So in original. Probably should be ‘‘subchapters’’. CIVIL ACTIONS FOR VIOLATIONS BY PUBLIC ACCOMMODATIONS For provisions directing that, except for any civil ac- tion brought for a violation of section 12183 of this title, no civil action shall be brought for any act or omission described in section 12182 of this title which occurs (1) during the first six months after the effective date of this subchapter, against businesses that employ 25 or fewer employees and have gross receipts of $1,000,000 or less, and (2) during the first year after the effective date, against businesses that employ 10 or fewer employees and have gross receipts of $500,000 or less, see section 310(b) of Pub. L. 101–336, set out as an Effective Date note under section 12181 of this title. § 12189. Examinations and courses Any person that offers examinations or courses related to applications, licensing, cer- tification, or credentialing for secondary or postsecondary education, professional, or trade purposes shall offer such examinations or courses in a place and manner accessible to per- sons with disabilities or offer alternative acces- sible arrangements for such individuals. (Pub. L. 101–336, title III, § 309, July 26, 1990, 104 Stat. 365.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 18 months after July 26, 1990, see section 310(a) of Pub. L. 101–336, set out as a note under section 12181 of this title. SUBCHAPTER IV—MISCELLANEOUS PROVISIONS § 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 ap- plied 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 pro- cedures of any Federal law or law of any State or political subdivision of any State or jurisdic- tion 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, in transportation covered by sub- chapter II or III, or in places of public accommo- dation covered by subchapter III. (c) Insurance Subchapters I through III of this chapter and title IV of this Act shall not be construed to pro- hibit 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 under- writing risks, classifying risks, or admin- istering such risks that are based on or not in- consistent with State law; or (2) a person or organization covered by this chapter from establishing, sponsoring, observ- ing 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, observ- ing 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 sub- chapter 1 I and III. (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 ac- cept. (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) of this title, specifying that reasonable modifications in policies, prac- tices, or procedures shall be required, unless an entity can demonstrate that making such modi- fications in policies, practices, or procedures, in- cluding academic requirements in postsecondary education, would fundamentally alter the na- ture 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 discrimina- tion because of the individual’s lack of dis- ability. (h) Reasonable accommodations and modifica- tions 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) of this title solely under subparagraph (C) of such sec- tion. (Pub. L. 101–336, title V, § 501, July 26, 1990, 104 Stat. 369; Pub. L. 110–325, § 6(a)(1), Sept. 25, 2008, 122 Stat. 3557.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 101–336, July 26, 1990, 104 Page 8267 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12204 1 So in original. Probably should be ‘‘in a’’. Stat. 327, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of this title and Tables. The Rehabilitation Act of 1973, referred to in subsec. (a), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355. Title V of the Rehabilitation Act of 1973 is classified generally to subchapter V (§ 790 et seq.) of chapter 16 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 29 and Tables. Title IV of this Act, referred to in subsec. (c), means title IV of Pub. L. 101–336, July 26, 1990, 104 Stat. 366, which enacted section 225 of Title 47, Telecommuni- cations, and amended sections 152, 221, and 611 of Title 47. AMENDMENTS 2008—Subsecs. (e) to (h). Pub. L. 110–325 added sub- secs. (e) to (h). 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. § 12202. State immunity A State shall not be immune under the elev- enth amendment to the Constitution of the United States from an action in 1 Federal or State court of competent jurisdiction for a vio- lation of this chapter. In any action against a State for a violation of the requirements of this chapter, remedies (including remedies both at law and in equity) are available for such a viola- tion to the same extent as such remedies are available for such a violation in an action against any public or private entity other than a State. (Pub. L. 101–336, title V, § 502, July 26, 1990, 104 Stat. 370.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, 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 under section 12101 of this title and Tables. § 12203. Prohibition against retaliation and coer- cion (a) Retaliation No person shall discriminate against any indi- vidual because such individual has opposed any act or practice made unlawful by this chapter or because such individual made a charge, testified, assisted, or participated in any manner in an in- vestigation, proceeding, or hearing under this chapter. (b) Interference, coercion, or intimidation It shall be unlawful to coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by this chapter. (c) Remedies and procedures The remedies and procedures available under sections 12117, 12133, and 12188 of this title shall be available to aggrieved persons for violations of subsections (a) and (b), with respect to sub- chapter I, subchapter II and subchapter III, re- spectively. (Pub. L. 101–336, title V, § 503, July 26, 1990, 104 Stat. 370.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (b), was in the original ‘‘this Act’’, meaning Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified prin- cipally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of this title and Tables. § 12204. Regulations by Architectural and Trans- portation Barriers Compliance Board (a) Issuance of guidelines Not later than 9 months after July 26, 1990, the Architectural and Transportation Barriers Com- pliance Board shall issue minimum guidelines that shall supplement the existing Minimum Guidelines and Requirements for Accessible De- sign for purposes of subchapters II and III of this chapter. (b) Contents of guidelines The supplemental guidelines issued under sub- section (a) shall establish additional require- ments, consistent with this chapter, to ensure that buildings, facilities, rail passenger cars, and vehicles are accessible, in terms of architec- ture and design, transportation, and commu- nication, to individuals with disabilities. (c) Qualified historic properties (1) In general The supplemental guidelines issued under subsection (a) shall include procedures and re- quirements for alterations that will threaten or destroy the historic significance of quali- fied historic buildings and facilities as defined in 4.1.7(1)(a) of the Uniform Federal Accessi- bility Standards. (2) Sites eligible for listing in National Register With respect to alterations of buildings or facilities that are eligible for listing in the Na- tional Register of Historic Places under divi- sion A of subtitle III of title 54, the guidelines described in paragraph (1) shall, at a min- imum, maintain the procedures and require- ments established in 4.1.7(1) and (2) of the Uni- form Federal Accessibility Standards. (3) Other sites With respect to alterations of buildings or facilities designated as historic under State or local law, the guidelines described in para- graph (1) shall establish procedures equivalent to those established by 4.1.7(1)(b) and (c) of the Uniform Federal Accessibility Standards, and shall require, at a minimum, compliance with the requirements established in 4.1.7(2) of such standards.