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Braillito Maps · Accessibility guides

The Americans with Disabilities Act (ADA): what it covers, title by title

The Americans with Disabilities Act (ADA) is a federal civil rights law that prohibits discrimination against people with disabilities in everyday activities (ADA.gov introduction to the ADA). It has five titles: employment, state and local governments, businesses open to the public, telecommunications and other provisions. This guide covers who counts as having a disability, what each title requires and of whom, how the law is enforced, and what it leaves to other laws.

This guide summarizes the sources it cites; it is not legal advice. The official texts are the reference.

What the ADA is

The ADA prohibits discrimination on the basis of disability in the same way other civil rights laws prohibit it on the basis of race, color, sex, national origin, age and religion (ADA.gov introduction to the ADA). It was enacted in 1990: the Equal Employment Opportunity Commission (EEOC) marked July 26, 2020 as the 30th anniversary of its enactment (EEOC, ADA@30).

Congress gave the law four purposes: a clear and comprehensive national mandate to end discrimination against people with disabilities; clear, strong, consistent, enforceable standards; a central role for the federal government in enforcing them; and the use of its constitutional power to reach the major areas of discrimination people face day to day (ADA statute (42 U.S.C. 12101 et seq.), 12101(b)).

The ADA Amendments Act of 2008 (Pub. L. 110-325, September 25, 2008) changed how disability is defined and read. Its findings say that Supreme Court decisions had narrowed the broad scope of protection Congress intended, and its stated purpose is to reinstate a broad scope of protection (ADA statute (42 U.S.C. 12101 et seq.), note to 12101). The text of the ADA on ADA.gov includes those changes (ADA statute (42 U.S.C. 12101 et seq.)).

Who counts as a person with a disability

The law gives three ways to meet the definition, and a person who fits any one of them is protected (ADA statute (42 U.S.C. 12101 et seq.), 12102(1); ADA.gov introduction to the ADA):

  • a physical or mental impairment that substantially limits one or more major life activities;
  • a record of such an impairment, such as cancer that is in remission (the example ADA.gov gives);
  • being regarded as having such an impairment: having been treated unfairly because of an actual or perceived impairment, whether or not it limits or is thought to limit a major life activity.

Major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating and working. The operation of a major bodily function, such as the immune, neurological, respiratory or circulatory systems, counts too (ADA statute (42 U.S.C. 12101 et seq.), 12102(2)). ADA.gov lists blindness or low vision, deafness or hearing loss, and mobility disabilities among its examples, and says the ADA covers many other disabilities not listed there (ADA.gov introduction to the ADA).

The 2008 amendments added rules for reading that definition (ADA statute (42 U.S.C. 12101 et seq.), 12102(3) and (4)):

  • it is construed in favor of broad coverage, to the maximum extent the law permits;
  • an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active;
  • whether an impairment substantially limits a major life activity is decided without regard to mitigating measures such as medication, low-vision devices, hearing aids, mobility devices or assistive technology;
  • the one exception is ordinary eyeglasses and contact lenses, whose effect is taken into account;
  • the “regarded as” route does not apply to impairments that are transitory and minor, and a transitory impairment is one with an actual or expected duration of six months or less.

ADA.gov adds that “substantially limits” is interpreted broadly and is not meant to be a demanding standard, although not every condition meets it: a mild allergy to pollen is its example of one that does not. And because the ADA is a law, not a benefit program, nobody applies for coverage (ADA.gov introduction to the ADA).

The five titles at a glance

The ADA is divided into titles, and each one sets the requirements for a different kind of organization (ADA.gov introduction to the ADA).

The five titles of the ADA: who has to comply and what each one requires.
Title Who has to comply What it requires
Title I: employment Employers with 15 or more employees, including state and local governments, employment agencies and labor unions (ADA.gov introduction to the ADA) Equal opportunity in recruitment, hiring, promotions, training, pay and social activities (ADA.gov introduction to the ADA)
Title II, subtitle A: state and local government All services, programs and activities of state and local governments, even small ones and ones with no federal money (ADA.gov introduction to the ADA) Equal opportunity to benefit from all their programs, services and activities (ADA.gov introduction to the ADA)
Title II, subtitle B: public transit Public transit systems (ADA.gov introduction to the ADA) Equal opportunity to benefit from their services (ADA.gov introduction to the ADA)
Title III: businesses open to the public Businesses and nonprofits serving the public, and privately operated transit; commercial facilities only have to meet the ADA Standards (ADA.gov introduction to the ADA) Equal opportunity to access the goods or services they offer (ADA.gov introduction to the ADA)
Title IV: telecommunications Telecommunication companies (ADA.gov introduction to the ADA) Relay services so callers with hearing and speech disabilities can communicate (ADA.gov introduction to the ADA; ADA statute (42 U.S.C. 12101 et seq.), 47 U.S.C. 225)
Title V: other provisions No separate group: these rules apply across the law (ADA.gov introduction to the ADA) A ban on retaliation, no duty to accept an aid, attorney’s fees and agency guidance (ADA.gov introduction to the ADA)

Title I: employment

An employer under Title I is a person engaged in an industry affecting commerce who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. The United States, wholly owned government corporations, Indian tribes and bona fide private membership clubs that are tax-exempt under section 501(c), other than labor organizations, are not employers under the law (ADA statute (42 U.S.C. 12101 et seq.), 12111(5)).

A covered employer may not discriminate against a qualified individual on the basis of disability in job application procedures, hiring, advancement, discharge, compensation, job training and the other terms, conditions and privileges of employment (ADA statute (42 U.S.C. 12101 et seq.), 12112(a)). Discrimination includes not making reasonable accommodations to the known limitations of an otherwise qualified applicant or employee, unless the employer can demonstrate that the accommodation would be an undue hardship (ADA statute (42 U.S.C. 12101 et seq.), 12112(b)(5)(A)).

The law gives examples of reasonable accommodation: making the facilities employees use accessible, job restructuring, part-time or modified schedules, reassignment to a vacant position, acquiring or modifying equipment or devices, adjusting exams, training materials or policies, and providing qualified readers or interpreters (ADA statute (42 U.S.C. 12101 et seq.), 12111(9)). An undue hardship is an action requiring significant difficulty or expense, weighed against factors the law lists (ADA statute (42 U.S.C. 12101 et seq.), 12111(10)).

Title II: state and local governments

A public entity is any state or local government and any of its departments, agencies, special purpose districts or other instrumentalities, as well as the National Railroad Passenger Corporation and commuter authorities (ADA statute (42 U.S.C. 12101 et seq.), 12131(1)). Title II says that no qualified individual with a disability may, because of the disability, be excluded from the services, programs or activities of a public entity, be denied their benefits, or be subjected to discrimination by it (ADA statute (42 U.S.C. 12101 et seq.), 12132). A qualified individual is one who meets the essential eligibility requirements for a service or program with or without reasonable modifications, the removal of barriers, or auxiliary aids and services (ADA statute (42 U.S.C. 12101 et seq.), 12131(2)).

ADA.gov gives public education, transportation, recreation, health care, social services, courts, voting, emergency services and town meetings as examples of what is covered, and says the ADA applies even if the government is small or receives no federal money (ADA.gov introduction to the ADA). Public transit systems are covered by subtitle B of the same title (ADA.gov introduction to the ADA). The requirements for governments are in ADA Title II.

Title III: businesses open to the public

Title III says that no one may be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages or accommodations of a place of public accommodation, by anyone who owns, leases or operates it (ADA statute (42 U.S.C. 12101 et seq.), 12182(a)). The law lists twelve categories of private entities that count as public accommodations when their operations affect commerce (ADA statute (42 U.S.C. 12101 et seq.), 12181(7)):

  • lodging: an inn, hotel or motel (except an establishment in a building with no more than five rooms for rent where the owner lives);
  • restaurants, bars and other places serving food or drink;
  • movie theaters, theaters, concert halls, stadiums and other places of exhibition entertainment;
  • auditoriums, convention centers, lecture halls and other places of public gathering;
  • stores and other sales or rental establishments, from bakeries and grocery stores to shopping centers;
  • service establishments: laundromats, banks, barber shops, pharmacies, offices of accountants or lawyers, professional offices of health care providers, hospitals and others;
  • terminals, depots and other stations used for public transportation;
  • museums, libraries, galleries and other places of public display or collection;
  • parks, zoos, amusement parks and other places of recreation;
  • private schools, from nursery to postgraduate, and other places of education;
  • social service centers: day care centers, senior centers, homeless shelters, food banks and adoption agencies;
  • gyms, health spas, bowling alleys, golf courses and other places of exercise or recreation.

For these places, discrimination includes five things (ADA statute (42 U.S.C. 12101 et seq.), 12182(b)(2)(A)):

  1. eligibility criteria that screen out people with disabilities, unless they are necessary to provide the service;
  2. failing to make reasonable modifications to policies, practices or procedures, unless that would fundamentally alter the nature of the goods or services;
  3. failing to take the steps needed so that no one is excluded or treated differently for lack of auxiliary aids and services, unless that would fundamentally alter the service or be an undue burden;
  4. failing to remove architectural barriers, and structural communication barriers, in existing facilities where removal is readily achievable;
  5. where removal is not readily achievable, failing to offer the goods and services through alternative methods that are.

“Readily achievable” means easily accomplishable and able to be carried out without much difficulty or expense. The factors include the cost of the action, the financial resources of the facility and of the entity as a whole, the size of the business, and the type of operation (ADA statute (42 U.S.C. 12101 et seq.), 12181(9)).

New buildings and alterations have their own rule. A facility designed and built for first occupancy later than 30 months after July 26, 1990 must be readily accessible to and usable by people with disabilities, unless that is structurally impracticable. When a facility is altered in a way that affects its usability, the altered portions must be accessible to the maximum extent feasible (ADA statute (42 U.S.C. 12101 et seq.), 12183(a)). The law does not require an elevator in a facility of fewer than three stories or with less than 3,000 square feet per story, unless it is a shopping center, a shopping mall or the professional office of a health care provider, or the Attorney General determines otherwise (ADA statute (42 U.S.C. 12101 et seq.), 12183(b)).

Private clubs and establishments exempt under title II of the Civil Rights Act of 1964, and religious organizations or entities they control, including places of worship, are outside Title III (ADA statute (42 U.S.C. 12101 et seq.), 12187).

The measurements for new work and alterations are in the 2010 ADA Standards for Accessible Design, published September 15, 2010 and required for new work since March 15, 2012 (2010 ADA Standards); the chapters are explained in the 2010 ADA Standards, chapter by chapter. What a business has to do is in ADA Title III and the ADA compliance checklist for small businesses.

Title IV and Title V

Title IV is about telephones. Telecommunications relay services are telephone transmission services that let a person who is deaf, hard of hearing, deaf-blind or who has a speech disability communicate by wire or radio in a way that is functionally equivalent to a hearing person’s voice call. Each common carrier providing telephone voice service has to provide them throughout the area where it offers service (ADA statute (42 U.S.C. 12101 et seq.), 47 U.S.C. 225(a)(3) and (c)).

Title V holds the rules that apply across the law, including (ADA statute (42 U.S.C. 12101 et seq.), 12201, 12203 and 12205):

  • no one may retaliate against a person who opposed an act made unlawful by the ADA or who filed a charge, testified, or took part in an investigation, and it is unlawful to coerce, intimidate, threaten or interfere with someone exercising their rights;
  • nobody with a disability has to accept an accommodation, aid, service, opportunity or benefit they choose not to accept;
  • the ADA does not invalidate federal, state or local laws that give equal or greater protection;
  • the court or agency may award the prevailing party, other than the United States, a reasonable attorney’s fee.

What the ADA leaves to other laws

ADA.gov says plainly that the ADA does not cover everything: in some situations disability discrimination is prohibited by other laws (ADA.gov introduction to the ADA).

How the ADA is enforced and where complaints go

ADA.gov tells people where to complain, and the agency depends on the title (ADA.gov introduction to the ADA):

  • Title I, employment: a charge of discrimination with the EEOC;
  • Title II, state and local governments: a complaint with the U.S. Department of Justice;
  • Title II, public transit: a complaint with the Department of Justice or the Federal Transit Administration;
  • Title III, businesses open to the public: a complaint with the Department of Justice;
  • Title IV, telecommunications: the Telecommunications Relay Services point of contact for your state, through the Federal Communications Commission.

Courts are the other route. Under Title III, a person being subjected to discrimination, or with reasonable grounds to believe they are about to be under the new construction rule, has the remedies and procedures of section 2000a-3(a) of title 42, and for barrier removal and for new construction and alterations the injunctive relief includes an order to alter facilities so they are readily accessible (ADA statute (42 U.S.C. 12101 et seq.), 12188(a)). Title II uses the remedies, procedures and rights of section 794a of title 29 (ADA statute (42 U.S.C. 12101 et seq.), 12133).

The Attorney General must investigate alleged Title III violations and may sue when there is a pattern or practice of discrimination, or discrimination that raises an issue of general public importance. The court may order equitable relief and monetary damages for the people harmed, when the Attorney General asks for them, but not punitive damages, and may assess a civil penalty (ADA statute (42 U.S.C. 12101 et seq.), 12188(b)). The statute sets that penalty at up to $50,000 for a first violation and $100,000 for a later one and refers readers to the regulation for the current, inflation-adjusted amounts, which the ADA Title III guide gives.

Retaliation is unlawful (ADA statute (42 U.S.C. 12101 et seq.), 12203), and the law encourages settlement negotiations, mediation and other alternative dispute resolution where appropriate (ADA statute (42 U.S.C. 12101 et seq.), 12212). This guide does not cover filing deadlines: each agency’s page has them.

The ADA in practice, and Braillito Maps

Most of what the ADA means day to day comes down to a few questions at the door: whether there is a step-free way in, whether a doorway is wide enough, whether there is an accessible restroom, whether a service animal is welcome. The service animal rules are in ADA service animals, and the other countries’ laws are compared in accessibility laws by country.

Braillito Maps is a free community map where every place answers ten questions: step-free entrance or ramp, wide doorway, accessible restroom, accessible parking, tactile paving, braille signage, braille menu, audible signals, guide dogs welcome and a quiet environment. Each answer is yes, no or no data until someone knows. A yes means that someone who went reported it; it is not a legal assessment of whether a place meets the ADA. Meet Braillito Maps.

Frequently asked questions

What is the ADA?

The Americans with Disabilities Act is a federal civil rights law that prohibits discrimination against people with disabilities in everyday activities, such as employment, public services and businesses open to the public (ADA.gov introduction to the ADA). It was enacted in 1990 (EEOC, ADA@30).

Who is protected by the ADA?

A person with a physical or mental impairment that substantially limits one or more major life activities, a person with a record of such an impairment, and a person regarded as having one (ADA statute (42 U.S.C. 12101 et seq.), 12102(1)). The definition is to be read in favor of broad coverage, and nobody has to apply for coverage (ADA statute (42 U.S.C. 12101 et seq.), 12102(4)(A); ADA.gov introduction to the ADA).

Does the ADA use the word “handicap”?

Its definition uses “disability” (ADA statute (42 U.S.C. 12101 et seq.), 12102(1)). The words “handicap” and “handicapped” appear in the text only where the 2008 amendments refer back to how the Rehabilitation Act of 1973 used them (ADA statute (42 U.S.C. 12101 et seq.), note to 12101). The law’s own term for the people it protects is “individual with a disability”.

What are the five titles of the ADA?

Title I covers employment, Title II state and local governments (and, in subtitle B, public transit), Title III businesses and nonprofits open to the public, Title IV telecommunications, and Title V other provisions such as the ban on retaliation (ADA.gov introduction to the ADA).

Where do I file an ADA complaint?

It depends on the title: the EEOC for employment, the Department of Justice for state and local governments and businesses open to the public, and the Department of Justice or the Federal Transit Administration for public transit (ADA.gov introduction to the ADA). Housing complaints go to the Department of Housing and Urban Development and air travel complaints to the Department of Transportation (ADA.gov introduction to the ADA).

Does the ADA cover housing and airlines?

Mostly not: the Fair Housing Act covers many types of housing, and the Air Carrier Access Act covers air travel (ADA.gov introduction to the ADA). The ADA does apply to some housing, such as housing at universities and public housing programs (ADA.gov introduction to the ADA).

More accessibility guides

  • ADA Title II: what state and local governments have to make accessible: existing buildings, new construction, streets and curb ramps, parks, programs and the 2024 web rule.
  • ADA Title III: who Title III covers, readily achievable barrier removal, new buildings, alterations and the 20 percent rule, and how it is enforced.
  • Section 504: who has to follow it, how it differs from the ADA, what its regulations ask of schools and public programs, how complaints work and what HHS has changed for the web.
  • 2010 ADA Standards: what each of the ten chapters covers, since when the Standards apply and to which buildings, with the guide for each element.
  • ADA compliance: a checklist for small businesses, with the 2010 Standards section behind each item.
  • ADA service animals: what counts as one, the two questions staff may ask, and when one can be asked to leave.
  • Accessibility laws by country: the ADA, the UK Equality Act, the Accessible Canada Act, Australia’s DDA and the EU rules, and what each covers.
  • ADA paratransit: who qualifies, the 3/4 mile service area, fares up to twice the bus fare, next-day booking, companions and how to apply.
  • All accessibility guides

Sources

Every figure in this guide comes from one of these official texts, which we read in October and November 2026.

  1. Introduction to the Americans with Disabilities Act. U.S. Department of Justice (ADA.gov), read October 2026.
  2. ADA@30: The Americans with Disabilities Act 1990-2020. U.S. Equal Employment Opportunity Commission, read November 1, 2026.
  3. Americans with Disabilities Act of 1990, As Amended (42 U.S.C. 12101 et seq.). U.S. Department of Justice (ADA.gov), mirroring the U.S. Code, including the ADA Amendments Act of 2008; read November 1, 2026.
  4. 2010 ADA Standards for Accessible Design. U.S. Department of Justice, published September 15, 2010; required for new work since March 15, 2012.
  5. 24 CFR 100.204, Reasonable accommodations (Fair Housing Act). U.S. Department of Housing and Urban Development, in the Electronic Code of Federal Regulations, current text read October 2026.
  6. 14 CFR Part 382, Nondiscrimination on the Basis of Disability in Air Travel. U.S. Department of Transportation, in the Electronic Code of Federal Regulations, current text, read October 2026.
  7. Rehabilitation Act of 1973, section 504 (29 U.S.C. 794), Nondiscrimination under Federal grants and programs. U.S. Government Publishing Office (govinfo), United States Code, 2023 edition; read November 1, 2026.

Braillito Maps

Find places with ramps, accessible toilets or tactile paving near you in Braillito Maps

In Braillito Maps, every place answers ten questions: step-free entrance or ramp, wide doorway, accessible restroom, accessible parking, tactile paving, braille signage, braille menu, audible signals, guide dogs welcome and a quiet environment. It is built by the people who need it, and every place gets a score out of ten.

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