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WORK INCENTIVES IMPROVEMENT ACT OF 1999

AMERICANS WITH DISABILITIES ACT

Title I

Title II

Title III

Title IV

Title V
--> THE UTAH ANTI-DISCRIMINATION ACT OF 1965 -->

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ADA Title III: Public Accommodations

  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
  • commercial facilities

Public accommodations are private entities that own, lease, or operate facilities such as:

  • restaurants
  • retail stores
  • hotels
  • movie theaters
  • private schools
  • convention centers
  • doctors' offices
  • homeless shelters
  • transportation depots
  • zoos
  • funeral homes
  • day care centers
  • recreation facilities including sports stadiums and fitness clubs

Title III also covers transportation services provided by private entities.

Public accommodations must comply with basic nondiscrimination 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
  • 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 accommodation's resources.

Courses and examinations related to:

  • professional
  • educational
  • trade-related applications
  • licensing
  • certifications
  • credentialing

All courses and examinations must be provided in a place and manner accessible to people with disabilities, or alternative accessible arrangements must be offered.

Commercial facilities, such as factories and warehouses, must comply with the ADA's architectural standards for new construction and alterations.

Title III also requires that public accommodations provide auxiliary aids necessary to enable persons who have visual, hearing, or sensory impairments to participate in the program, but only if their provision will not result in an undue burden on the business.

Thus, for example, a restaurant would not be required to provide menus in Braille for blind patrons if it requires its staff to read the menu. The auxiliary aid requirement is flexible. A public accommodation may choose among various alternatives as long as the result is effective communication.

With respect to existing facilities of public accommodations, physical barriers must be removed when it is "readily achievable" to do so (i.e., when it can be accomplished easily and without much expense). Tax write-offs are available to minimize the costs associated with the removal of barriers in existing buildings or in providing auxiliary aids, including interpreters for the deaf. Modifications that would be readily achievable in most cases include the ramping of a few steps.

However, all construction of new building facilities and alterations of existing facilities in public accommodations, as well as in commercial facilities such as office buildings, must comply with the ADA Accessibility Guidelines (ADAAG) so they are accessible to people with disabilities. New privately owned buildings are not required to install elevators if they are less than three stories high or have less than 3,000 square feet per story, unless the building is a shopping center, mall, or a professional office of a health care provider.

Title III also addresses transportation provided by private entities.

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