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Primary Documents

  • Title III Technical Assistance Manual - This technical assistance manual addresses the requirements of title III of the Americans with Disabilities Act, which applies to the operations of public accommodations (i.e private business). The technical assistance manual presents the ADA's requirements for private business in a format that will be useful to the widest possible audience. The manual attempts to avoid an overly legalistic style without sacrificing completeness. In order to promote readability and understanding, the text makes liberal use of questions and answers and illustrations.

Title III Regulations - The Department of Justice's regulation implementing title III of the ADA, which prohibits discrimination on the basis of disability in "places of public accommodation" (businesses and non-profit agencies that serve the public) and "commercial facilities" (other businesses). The regulation includes Appendix A to Part 36 - Standards for Accessible Design establishing minimum standards for ensuring accessibility when designing and constructing a new facility or altering an existing facility.

Regulations - The regulations for title III of the ADA are presented in the following documents.

  • Sec. 36.101 Purpose.
  • Sec. 36.102 Application.
  • Sec. 36.103 Relationship to other laws.
  • Sec. 36.104 Definitions.
  • Sec. 36.201 General.
  • Sec. 36.202 Activities.
  • Sec. 36.203 Integrated settings.
  • Sec. 36.204 Administrative methods.
  • Sec. 36.205 Association.
  • Sec. 36.206 Retaliation or coercion.
  • Sec. 36.207 Places of public accommodation located in private residences.
  • Sec. 36.208 Direct threat.
  • Sec. 36.209 Illegal use of drugs.
  • Sec. 36.210 Smoking.
  • Sec. 36.211 Maintenance of accessible features.
  • Sec. 36.212 Insurance.
  • Sec. 36.213 Relationship of subpart B to subparts C and D of this part.
  • Sec. 36.301 Eligibility criteria.
  • Sec. 36.302 Modifications in policies, practices, or procedures.
  • Sec. 36.303 Auxiliary aids and services.
  • Sec. 36.304 Removal of barriers.
  • Sec. 36.305 Alternatives to barrier removal.
  • Sec. 36.306 Personal devices and services.
  • Sec. 36.307 Accessible or special goods.
  • Sec. 36.308 Seating in assembly areas.
  • Sec. 36.309 Examinations and courses.
  • Sec. 36.310 Transportation provided by public accommodations.
  • Sec. 36.401 New construction.
  • Sec. 36.402 Alterations.
  • Sec. 36.403 Alterations: Path of travel.
  • Sec. 36.404 Alterations: Elevator exemption.
  • Sec. 36.405 Alterations: Historic preservation.
  • Sec. 36.406 Standards for new construction and alterations.
  • Sec. 36.407 Temporary suspension of certain detectable warning requirements.
  • Sec. 36.501 Private suits.
  • Sec. 36.502 Investigations and compliance reviews.
  • Sec. 36.503 Suit by the Attorney General.
  • Sec. 36.504 Relief.
  • Sec. 36.505 Attorneys fees.
  • Sec. 36.506 Alternative means of dispute resolution.
  • Sec. 36.507 Effect of unavailability of technical assistance.
  • Sec. 36.508 Effective date.
  • Sec. 36.601 Definitions.
  • Sec. 36.602 General rule.
  • Sec. 36.603 Filing a request for certification.
  • Sec. 36.604 Preliminary determination.
  • Sec. 36.605 Procedure following preliminary determination of equivalency.
  • Sec. 36.606 Procedure following preliminary denial of certification.
  • Sec. 36.607 Effect of certification.
  • Sec. 36.608 Guidance concerning model codes.

Other Government Documents

  • Title III Highlights - A 12-page outline of the key requirements of the ADA for businesses and non-profit agencies. This publication provides detailed information in bullet format for quick reference.
  • ADA Guide for Small Business - This 15-page illustrated guide presents an overview of some basic ADA requirements for small businesses that provide goods and services to the public. It provides guidance on how to make their services accessible and how tax credits and deductions may be used to offset specific costs.
  • Commonly Asked Questions About Child Care Centers and the Americans with Disabilities Act A 13-page publication explaining how the requirements of the ADA apply to Child Care Centers. The document also describes some of the Department of Justice's ongoing enforcement efforts in the child care area and it provides a resource list on sources of information on the ADA.
  • Questions and Answers: the ADA and Persons with HIV/AIDS . A 16-page publication explaining the requirements of the ADA for employers, businesses and non-profit agencies that serve the public, and State and local governments to avoid discriminating against persons with HIV/AIDS.
  • Assistance at Self-Serve Gas Stations - A 1-page document providing guidance on the ADA and refueling assistance at self-serve gas stations.
  • Tax Incentive Pack
  • Common ADA Problems at Newly Constructed Lodging Facilities - An 11-page document lists a sampling of common accessibility problems at newly constructed lodging facilities that have been identified through the Department of Justice's ongoing enforcement efforts.
  • Five Steps To Make New Lodging Facilities Comply With The ADA - A 3-page document highlighting five steps that owners, operators, and franchisors can take to make sure that new lodging facilities comply with the ADA.
  • Americans with Disabilities Act Checklist for New Lodging Facilities. This 34-page checklist is a self-help survey that owners, franchisors, and managers of lodging facilities can use to identify ADA mistakes at their facilities.
  • Americans with Disabilities Act Guide for Places of Lodging: Serving Guests Who Are Blind or Who Have Low Vision - A 12-page publication explaining what hotels, motels, and other places of transient lodging can do to accommodate guests who are blind or have low vision.
  • How to File a Title III Complaint . This publication details the procedure for filing a complaint under title III of the ADA, which prohibits discrimination based on disability by businesses and non-profit agencies.
  • ADA Business BRIEF: Service Animals - This document provides an overview of the requirements for permitting service animals to enter privately-owned public facilities that serve the general public.
  • Commonly Asked Questions About Service Animals in Places of Business - This document provides a list of the most common questions about service animals in places of business.
  • Are Health and Fitness Clubs ADA Compliant? - The aim of this study was to determine how compliant physical activity facilities in western Oregon were with regard to Title III of the ADA - presented by Brad Cardinal on July 16, 2020
Related Categories
  • Business-Related Interpretation Letters - Federal government agencies respond to citizen requests for interpretation of the ADA. At this link you will find a selection of those interpretation letters specifically related to business issues.
  • Business Enforcement - The ADA is continuously interpreted through court settlements and decisions. At this link you will find a selection of those settlement agreemnets and letters of finding specifically related to business issues.
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