Also, "Individuals with disabilities shall be entitled to full and equal access, as other members of the general public, to all housing accommodations offered for rent, lease, or compensation. This section also covers access to transportation and service dogs. Other State laws relating to prohibitions of discrimination based on disability include the Unruh Civil Rights Act

Full text of the law:

California Civil Code Section 54 through 55.2
Because of the design of the "Official California Legislative Information" web page, we cannot give you a direct link to the correct section. To locate the section you're looking for, go to the "California law" page at: http://www.leginfo.ca.gov/calaw.html.Then check the box next to the appropriate code and at the bottom, type in the code numbers in the search box and select "Search".

Resources and Publications

Legal Rights for Persons with Disabilities
Chapter 3-Nondiscrimination in Businesses and Services.
Under Publications on the California State Attorney General's Website at http://caag.state.ca.us/consumers/general/pre-disa.htm

Compliance

Principally, compliance is obtained by commencing an action in a court of the competent jurisdiction.

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California and federal regulations provide a comprehensive set of standards covering almost all important areas of accessibility for persons with physical and sensory disabilities. California's regulations are found in Title 24 of the California Building Standards Code and are designed to comply with the requirements of the ADA and State statutes.

Full text of the law:

A copy of the regulations is located in the Division of the State Architects Access Compliance Reference Manual: http://www.dsa.dgs.ca.gov/UniversalDesign/ud_accessmanual.htm

Resources and Publications

The Division of the State Architect (DSA) acts as California's policy leader for building design and construction, and provides design and construction oversight for K-12 schools and community colleges. DSA has offices in Los Angeles, Oakland, Sacramento, and San Diego. DSA also develops and maintains the accessibility standards and codes utilized in public and private buildings throughout California. DSA incorporates the offices of the independent State Historical Building Safety Board, caretaker of California's State Historical Building Code.

Contact DSA:
http://www.dsa.dgs.ca.gov/ContactDSA/default.htm

Universal Design Section:
http://www.dsa.dgs.ca.gov/universaldesign/default.htm

State Historical Building Safety Board:
http://www.dsa.dgs.ca.gov/StateHistoricalBuildingSafetyBoard/default.htm

Access Compliance Reference Manual:
http://www.dsa.dgs.ca.gov/UniversalDesign/ud_accessmanual.htm

Legal Rights for Persons with Disabilities
Chapter 3-Nondiscrimination in Businesses and Services.
Under Publications on the California State Attorney General's Website at http://caag.state.ca.us/consumers/general/pre-disa.htm

Department of Justice ADA Standards for Accessible Design
As published in the Title III regulations (28 CFR Part 36, revised July 1, 1994) issued by the Department of Justice. The ADA Standards for Accessible Design are in Appendix A of the Title III Regulations.
http://www.usdoj.gov/crt/ada/stdspdf.htm
Title III regulations:
http://www.usdoj.gov/crt/ada/reg3a.html

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Full text of the law:

California Government Code Section 11135-11139
Because of the design of the "Official California Legislative Information" web page, we cannot give you a direct link to the correct section. To locate the section you're looking for, go to the "California law" page at: http://www.leginfo.ca.gov/calaw.html.Then check the box next to the appropriate code and at the bottom, type in the code numbers in the search box and select "Search".

Resources

508 Home Page - Department of Justice
http://www.usdoj.gov/crt/508/508home.html
E-mail: sec508.questions@usdoj.gov
Voice mail: 202-305-8304
TTY mail: 202-353-8944
Facsimile: (202) 307-1198 Accessibility to a web site by persons with disabilities. The Web Access Initiative of the World Wide Web Consortium at:
http://www.w3.org/wai/

Compliance

Complaints should be filed with the State department or agency alleged to be in noncompliance.

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Full text of the law:

Because of the design of the "Official California Legislative Information" web page, we cannot give you a direct link to the correct section. To locate the section you're looking for, go to the "California law" page at: http://www.leginfo.ca.gov/calaw.html.Then check the box next to "Government Code", at the bottom, type in the code numbers in the search box and select "Search".

12900-12906 The California Fair Employment and Housing Act
12920-12922 Findings and Declarations of Policy
12925-12928 Definitions
12940-12951 Unlawful Practices Generally
12960-12976 General Provisions Enforcement and Hearing Procedures, Unlawful Practices

Resources and Publications

• Employment
  "Disability Under the Fair Employment and Housing Act: What You Should Know About the Law", at the Department of Fair Employment and Housing Website.
  http://www.dfeh.ca.gov
  Legal Rights of Persons with Disabilities Chapter 1 Employment -- California Attorney General's Office
  http://www.caag.state.ca.us/consumers/general/pre-disa.htm
• Housing
  "Prohibited Housing Practices"
  "Housing Pre-Complaint Questionnaire, A Guide for Complainants (Housing)"
  "A Guide for Respondents (Housing)" at the Department of Fair Employment and Housing's website at:
  http://www.dfeh.ca.gov
  "Legal Rights of Persons with Disabilities" Chapter 2-Housing t he Housing Section under publications at the California Attorney General's website at: http://www.caag.state.ca.us/consumers/general/adach2.htm#ch2

Compliance

The Department of Fair Employment and Housing (DFEH) enforces the FEHA. For more information on the complaint process or to file a complaint see:
http://www.dfeh.ca.gov/complaint.asp

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Full text of the law:

http://www.ed.gov/offices/OSERS/RSA/Policy/Legislation/narrative.html

Resources & Compliance

Section 501 — Federal employment

Section 501 requires affirmative action and nondiscrimination in employment by Federal agencies of the executive branch. The standards for determining employment discrimination under the Rehabilitation Act are the same as those used in Title I of the ADA

Section 501 — Compliance

To obtain more information or to file a complaint, Federal employees should contact their agency's Equal Employment Opportunity Office

 

Section 503 — Employment by Federal Contractors

Section 503 requires affirmative action and prohibits employment discrimination by Federal government contractors and subcontractors with contracts of more than $10,000.
Office of Federal Contract Compliance Programs
U.S. Department of Labor
200 Constitution Avenue, NW
Room C-3325
Washington, D.C. 20210
http://www.dol.gov/esa/public/ofcp_org.htm
(202) 693-0106 (voice/relay)

Section 503 — Compliance

Office of Federal Contract Compliance Programs
U.S. Department of Labor
200 Constitution Avenue, NW
Room C-3325
Washington, D.C. 20210
http://www.dol.gov/esa/public/ofcp_org.htm
(202) 693-0106 (voice/relay)

 

Section 504 — non-discrimination in programs conducted and funded by the Federal government

Section 504 states that "no qualified individual with a disability in the United States shall be excluded from, denied the benefits of, or be subjected to discrimination under" any program or activity that either receives Federal financial assistance or is conducted by any Executive agency or the United States Postal Service. Each Federal agency has its own set of section 504 regulations that apply to its own programs. Agencies that provide Federal financial assistance also have section 504 regulations covering entities that receive Federal aid. requirements common to these regulations include reasonable accommodation for employees with disabilities; program accessibility; effective communication with people who have hearing or vision disabilities; and accessible new construction and alterations.

Section 504 — Compliance

Each agency is responsible for enforcing its own regulations. Section 504 may also be enforced through private lawsuits. It is not necessary to file a complaint with a Federal agency or to receive a "right-to-sue" letter before going to court.
For information on how to file 504 complaints with the appropriate agency, contact:
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
P.O Box 66738
Washington, D.C. 22035-6738
http://www.usdoj.gov/crt/ada/adahom1.htm
(800) 514-0301 (voice)
(800) 514-0383 (TTY)

 

Section 508 Requires Federal electronic and information technology be accessible to people with disabilities

Section 508 established requirements for electronic and information technology developed, maintained, procured, or used by the Federal government and stipulates such technology to be accessible to people with disabilities, including employees and members of the public. An accessible information technology system is one that can be operated in a variety of ways and does not rely on a single sense or ability of the user. The term "electronic and information technology" has been defined by the Access Board in regulations published December 21, 2000. Some individuals with disabilities may need accessibility-related software or peripheral devices in order to use systems that comply with Section 508. Section 508 exempts national security systems from its requirements.
Note: The procurement standards from Section 508 of the Rehabilitation Act has been referenced in State Law via California Government Code Section 11135-11139.8

508 Home Page — Department of Justice
http://www.usdoj.gov/crt/508/508home.html
E-mail: sec508.questions@usdoj.gov
Voice mail: 202-305-8304
TTY mail: 202-353-8944
Facsimile: (202) 307-1198

The Access Board
http://www.access-board.gov
The Access Board is an independent Federal agency devoted to accessibility for people with disabilities. The Access Board is responsible for: maintaining accessibility requirements for the built environment, transit vehicles, telecommunications equipment, and for electronic and information technology; providing technical assistance and training on these guidelines and standards and enforcing accessibility standards for federally funded facilities.

U.S. Architectural and Transportation
Barriers Compliance Board
1331 F Street, N.W. Suite 1000
Washington, D.C. 20004-1111
http://www.access-board.gov
800-872-2253 (voice)
800-993-2822 (TTY)

U.S. General Services Administration
Center for IT Accommodation (CITA)
1800 F Street, N.W.,
Room 1234, MC:MKC
Washington, D.C. 20405-0001
http://www.itpolicy.gsa.gvo/cita (202) 501-4906 (voice)
(202) 501-2010 (TTY)

Accessibility to a web site by persons with disabilities The Web Access Initiative of the World Wide Web Consortium at: http://www.w3.org/wai/

Section 508 — Compliance

Complaints should be filed with the Federal department or agency alleged to be in non-compliance.
For information on how to file 508 complaints with the appropriate agency, contact:
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
P.O Box 66738
Washington, D.C. 22035-6738
http://www.usdoj.gov/crt/ada/adahom1.htm
(800) 514-0301 (voice)
(800) 514-0383 (TTY)

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Note: The California State Law definition of disability, found in the Fair Employment and Housing Act, is broader under most State laws than the federal definition.

The ADA is broken into sections, Title I: Employment, Title II: State and Local Government Actities & Transportaion, Title III Public Accomodations (Private and non-profit businesses) and Title IV: Telecommunications Relay Services

Full text of the law:

Americans with Disabilities Act (ADA)
http://www.usdoj.gov/crt/ada/pubs/ada.txt

Resources & Compliance

Title I: Employment
Title II: State and Local Government Activity
Title II: Public Transportation
Title III Public Accomodations (Private and non-profit businesses)
Title IV: Telecommunications Relay Services

ADA Title I: Employment

Title I requires employers with 15 or more employees to provide qualified individuals with disabilities an equal opportunity to benefit from the full range of employment-related opportunities available to others. For example, it prohibits discrimination in recruitment, hiring, promotions, training, pay, social activities, and other privileges of employment. It restricts questions that can be asked about an applicant's disability before a job offer is made, and it requires that employers make reasonable accommodation to the known physical or mental limitations of otherwise qualified individuals with disabilities, unless it results in undue hardship. Religious entities with 15 or more employees are covered under Title I.

Title I: Resources

Deparment of Justice ADA Home Page which includes publications and guides on the ADA: http://www.usdoj.gov/crt/ada/adahom1.htm

The Equal Employment Opportunity Commission (EEOC) has several publications at: http://www.eeoc.gov/publications.html

• The ADA: Questions and Answers-Employment
• The ADA: Your Responsibilities as an Employer
• The ADA: Your Employment Rights as an Individual with a Disability
• EEOC Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act

The Jobs Accommodation Network provides information on reasonable accomodations
(800) 526-7234 (Voice/TTY)
http://www.jan.wvu.edu

Title I - Compliance

Title I complaints may be filed at any U.S. Equal Employment Opportunity Commission Field Office. Field offices are located in 50 cities throughout the U.S. and are listed in most telephone directories under "U.S. Government". For the appropriate field office in your geographic area contact:
(800) 669-4000 (voice)
(800) 669-6820 (TTY)
http://www.eeoc.gov

 

ADA Title II: State and Local Government Activities

Title II covers all activities of State and local governments regardless of the government entity's size or receipt of Federal funding. Title II requires that State and local governments give people with disabilities an equal opportunity to benefit from all of their programs, services and activities (e.g. public educations, employment, transportation, recreation, health care, social services, courts, voting, and town meetings).

State and local governments are required to follow specific architectural standards in the new construction and alteration of their buildings. They also must relocate programs or otherwise provide access in inaccessible older buildings, and communicate effectively with people who have hearing, vision, or speech disabilities. Public entities are not required to take actions that would result in undue financial and administrative burdens. They are required to make reasonable modifications to policies, practices, and procedures where necessary to avoid discrimination, unless they can demonstrate that doing so would fundamentally alter the nature of the service, program, or activity being provided.

Title II Resources

Deparment of Justice ADA Home Page which includes publications and guides on the ADA. http://www.usdoj.gov/crt/ada/adahom1.htm

Title II Compliance

Complaints of title II violations may be filed with the Department of Justice within 180 days of the date of discrimination. In certain situations, cases may be referred to a mediation program sponsored by the Department. The Department may bring a lawsuit where it has investigated a matter and has been unable to resolve violations. For more information, contact:
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66738
Washington, D.C.
20035-6738
http://www.usdoj.gov/crt/ada/adahom1.htm
(800) 514-0301 (voice)
(800) 514-0383 (TTY)

ADA Title II: Public Transportation

The transportation provisions of Title II cover public transportation services, such as city buses and public rail transit (e.g. subways, commuter rails, Amtrak). Public transportation authorities may not discriminate against people with disabilities in the provision of their services. They must comply with requirements for accessibility in newly purchased vehicles, make good faith efforts to purchase or lease accessible used buses, remanufacture buses in an accessible manner, and, unless it would result in an undue burden, provide Paratransit where they operate fixed-route bus or rail systems. Paratransit is a service where individuals who are unable to use the regular transit system independently (because of a physical or mental impairment) are picked up and dropped off at their destinations.

Title II Public Transportation - Resources

For more detailed information on the transportation visit the Federal Transit Administration (FTA) website http://www.fta.dot.gov/ada/ or call the Toll-Free Federal Transit Administration Americans with Disabilities Act Assistance Line 1-800-446-4511 (voice)

Title II Public Transportation - Compliance

Questions and complaints about public transportation should be directed to:

Office of Civil Rights
Federal Transit Administration
U.S. Department of Transportation
400 Seventh Street, S.W.
Room 9102
Washington, D.C. 20590
http://www.fta.dot.gov/office/civ.htm
(888) 446-4511 (voice/relay)
(202) 366-2285 (voice)
(202) 366-0153 (TTY)

ADA Title III Pubic Accommodations (Businesses and nonprofit service providers)

Title III covers businesses and nonprofit service providers that are public accommodations, privately operated entities offering certain types of courses and examinations, privately operated transportation, and commercial facilities. Public accommodations are private entities who own, lease, lease to, or operate facilities such as restaurants, retail stores, hotels, movie theatres, private schools, convention centers, doctors' offices, homeless shelters, transportation depots, zoos, funeral homes, day care centers, and recreation facilities including sorts stadiums and fitness clubs. Transportation services provided by private entities are also covered by Title III.

Public accommodations must comply with basic non-discrimination requirements that prohibit exclusion, segregation, and unequal treatment. They also must comply with specific requirements related to architectural standards for new and altered buildings; reasonable modifications to policies, practices and procedures; effective communication with people with hearing, vision, or speech disabilities; and other access requirements. Additionally, public accommodations must remove barriers in existing buildings where it is easy to do so without much difficulty or expense, given the public accommodations resources.

Title III - Resources

Deparment of Justice ADA Home Page which includes publications and guides on the ADA: http://www.usdoj.gov/crt/ada/adahom1.htm

Title III - Compliance

If you feel that you have been discriminated against by a place of public accommodation, then you may file a complaint with the U.S. Department of Justice. The U.S. Attorney General will investigate your complaint. For more information regarding the federal complaint and enforcement process see the Department of Justice ADA Home Page at: http://www.usdoj.gov/crt/ada/adahom1.htm
A violation of the ADA is also considered to be a violation of the Unruh Civil Rights Act. For more information regarding the State complaint and enforcement process see the Department of Fair Employment and Housing home page at:
http://www.dfeh.ca.gov/complaint.asp

ADA Title IV: Telecommunications Relay Services

Title IV addresses telephone and television access for people with hearing and speech disabilities. It requires common carriers (telephone companies) to establish interstate and intrastate telecommunications relay services (TRS) 24 hours a day, 7 days a week. TRS enables callers with hearing and speech disabilities who use telecommunications devices for the deaf (TDDs), which are also known as teletypewriters (TTYs), and callers who use voice telephones to communicate with each other through a third party communications assistant. The Federal Communications Commission (FCC) has set minimum standards for TRS services. Title IV also requires closed captioning of Federally funded public service announcements.

Title IV - Resources & Compliance

For more information about TRS, contact the FCC at: Federal Communications Commission
445 12th Street, S.W.
Washington, D.C. 20554
http://www.fcc.gov/cib/dro
(888) 225-5322 (Voice)
(888) 835-5322 (TTY)

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Air Carrier Access Act

The Air Carrier Access Act (ACAA, 49 U.S.C. 41705) prohibits discrimination by U.S. and foreign air carriers on the basis of physical or mental disability. The Department of Transportation, in interpreting and implementing the ACAA, issued a rule (14 CFR Part 382) in 1990 setting forth the standards of service which U.S. air carriers are expected to provide disabled individuals. That rule will be amended to cover foreign air carriers, which became subject to the ACAA on April 5, 2000.

Full Text of the Law

Air Carrier Access Act
http://frwebgate1.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=30776918234+0+0+0&WAISaction=retrieve

Regulations (14 CFR Part 382)
http://www.access.gpo.gov/nara/cfr/waisidx_99/14cfr382_99.html

Resources and Compliance

Department of Transportation Air Carrier Access Act Information
http://www.dot.gov/airconsumer

For more information or to file a complaint, contact:
Aviation Consumer Protection Division
U.S. Department of Transportation
400 Seventh Street, S.W.
Room 4107, C-75
Washington, D.C. 20590
http://airconsumer.ost.dot.gov/ACAAcomplaint.htm
(202) 366-2220 (voice)
(202) 755-7687