Public accommodation
Generally speaking, a public accommodation is a business or nonprofit organization open to the public where commerce takes place. Commerce happens when things are bought or sold, or when services are bought or sold. Examples are restaurants, stadiums, and hospitals. Additional examples include daycare centers, private schools, golf courses, and zoos. Private transportation—such as a touring bus company, taxi service, or cruise line—also falls into this category.
Title III of the Americans with Disabilities Act (ADA) covers public accommodations, and it sets out twelve broad categories for what is a public accommodation. If you’re curious about the details, see the Definitions section of Title III.
[ Read: Public Places Overview ]
Public entity
Generally speaking, a public entity is a state or local government, as well as any agency, office, or department run by a state or local government. Examples include public libraries, city police departments, community colleges, public schools, county social services, and state vocational rehabilitation agencies.
[ Read: The ADA and Title II Public Entities ]
Qualified individual
The term qualified individual is used differently in different parts of the Americans with Disabilities Act (ADA):
- Title 1: Title 1, which deals with employment, is concerned about discrimination against people who are qualified to do a job. The US Equal Employment Opportunity Commission (EEOC) uses specific language to describe how to tell whether someone is a qualified individual. Being qualified includes having the skills, experience, and background to meet a job’s requirements.
- Title II and Title III: Title II covers state and local government (public entities), while Title III covers businesses and nonprofit organizations open to the public (public accommodations). Public entities and public accommodations must not discriminate against a person based on disability, so long as that person is otherwise qualified to benefit from, participate in, or access programs and services. For example, if a person must be a county resident to access the county’s social services, then a person with a disability must also be a county resident in order to gain access. In these cases, a qualified individual cannot be discriminated against based on a disability. This may require a reasonable modification to a practice or policy, using auxiliary aids or services for communication, removing physical barriers, or eliminating communication- or transportation-related barriers.
Reasonable accommodation
The term reasonable accommodation is used somewhat differently in different laws:
- Americans with Disabilities Act (ADA): Under the ADA, reasonable accommodation refers to the workplace. The US Equal Employment Opportunity Commission (EEOC) says that a reasonable accommodation is “In general, an accommodation is any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities.” A reasonable accommodation can be a physical change, a policy change, or a change in how an employee works. It can also be a piece of equipment given to an employee. A reasonable accommodation allows a person with a disability an equal opportunity to do a job and its functions, or to have an equal opportunity to apply for a position.
- Rehabilitation Act: The Rehabilitation Act covers federal employment as well as any agency or contractor receiving federal financial assistance. For example, most colleges and universities are covered by Section 504 of the Rehabilitation Act. A student with a disability may receive an adjustment in their academics—such as a sign language interpreter—that allows them to have an equal opportunity to participate in and benefit from education.
- Fair Housing Act (FHA): Under the FHA, a reasonable accommodation is a change in a housing provider’s policies to allow a person with a disability to have an equal opportunity to use and enjoy their residence. For example, a reasonable accommodation under the FHA could be an apartment complex allowing a resident to have an assistance animal even though pets are not permitted otherwise.
[ Read: About Reasonable Accommodations in the Workplace ]
Reasonable modification
The term reasonable modification is used differently in different laws:
- Americans with Disabilities Act (ADA): The term reasonable modification is used in Title II and Title III of the ADA. Title II covers state and local government (public entities), while Title III covers businesses and nonprofit organizations open to the public (public accommodations). A reasonable modification is a change in a policy, practice, or procedure that is done to offer equal access and equal opportunity for a person with a disability. There are limits on these changes, and that is where reasonable comes in. Title II public entities—such as a public library or county social service office—do not have to make a modification that would fundamentally alter a service, program, or activity that they must provide to the public. A Title III public accommodation—such as a private doctor’s office, store, or hotel—does not have to make a modification that would fundamentally alter the goods, services, facilities, privileges, advantages, or accommodations it offers to the public—in other words, its goods and services. An example of a reasonable modification would be to permit a service animal to go where the public may go in a building, even though animals are not generally allowed. So then, what is a fundamental alteration? It is a change that is so significant to a policy, practice, or procedure that it would change the nature of what is offered. For example, it would be a fundamental alteration for a doctor specializing in foot issues to treat a heart condition.
- Fair Housing Act (FHA): Under the FHA, a reasonable modification is a structural change in the physical environment. Examples include installing grab bars in bathrooms, lowering kitchen counters, and installing a visual fire alarm.
Rehabilitation Act
The Rehabilitation Act prohibits any program or activity receiving federal funding from discriminating against people with disabilities. It has several sections, each of which concerns a different area of possible discrimination, such as federal workplace practices, architectural barriers, access to programs and services, procurement of electronic and informational goods and services—including websites—and more.
[ Read: Rehabilitation Act ]
Scoping requirement
In Chapter 2 of the 2010 ADA Standards for Accessible Design, scoping requirements detail “what” or “how many” are needed to make something accessible. For example, scoping for a parking lot tells us the number of parking spaces that must be accessible, based on the total number of parking spaces provided. Scoping requirements go hand-in-hand with technical requirements, which are also found in the 2010 ADA Standards for Accessible Design.
Service animal
Generally, a service animal is an animal that is individually trained to perform a specific task for an individual with a disability. The specific definition, however, varies in different contexts:
- Title II and Title III, generally: Under the regulations from the US Department of Justice for Title II and Title III of the Americans with Disability Act (ADA), a service animal is a dog that is individually trained to perform a specific task for an individual with a disability. No other types of animals, with the sole exception of a miniature horse, are considered service animals. Service animals are generally allowed wherever the public is permitted to go. This includes restaurants, theaters, hotels, colleges, county social service offices, and medical offices. A special license or certification is not required for a service animal. This definition does not include emotional support as a task.
- Title II and the US Department of Transportation (DOT): It is important to know that the DOT uses a different definition of service animal in relation to Title II. This applies to transportation controlled or operated by a state or local government, such as city buses, light rail, and commuter trains. In these circumstances, a service animal is defined by the DOT as “any guide dog, signal dog, or other animal individually trained to work or perform tasks for the benefit of an individual with a disability…” In these regulations, a service animal does not necessarily have to be a dog.
- Employment: The US Equal Employment Opportunity Commission (EEOC) does not define a service animal, but a service animal is considered to be a reasonable accommodation, so an employee must request to have their service animal in the workplace.
- Fair Housing Act (FHA): Under the FHA, the term assistance animal is used instead of service animal. This law—which is enforced by the US Department of Housing and Urban Development—uses a very different definition. This definition includes what is considered a service animal under the ADA, but it has fewer limitations.
[ Read: Service Animals Overview ]
Substantially limits
Substantially limits is a term used by the Americans with Disabilities Act (ADA). The act uses this term in its definition of a disability. To understand the ADA’s definition of disability, you need to know what is meant by “an impairment that substantially limits a major life activity.” As for the “substantially limits” part of that, substantially limits does not mean a severe condition, but it does mean a condition that creates an impairment when compared to most people in the population. Substantially limits is intended to be understood broadly and not to be restrictive. Determining whether a condition is substantially limiting must be done on a case-by-case basis.
[ Read: Who Is Protected by the ADA? ]
