Updated May 2016

The following is an excerpt from the ADA Compliance Kit distributed by the NATIONAL ASSOCIATION OF REALTORS® in January 1992.  The information contained in the List of Resources and ADA National Network were updated in May 2016.

TITLE I

1. The term “covered entity” means an employer, employment agency, labor organization, or joint labor-management committee.

2. The term “disability” means with respect to an individual: (a) a physical or mental impairment that substantially limits one or more of the major life activities of such individual; (b) a record of such an impairment; or (c) being regarded as having such an impairment. If an individual meets any one of these three tests, he or she is considered to be an individual with a disability for purposes of coverage under the Americans With Disabilities Act.

3. The term “qualified individual with a disability” means an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires. For the purposes of this Title, consideration shall be given to the employer’s judgment as to what functions of a job are essential, and if an employer has prepared a written description before advertising or interviewing applicants for the job, this description shall be considered evidence of the essential functions of the job.

4. The term “reasonable accommodation” may include: (a) making existing facilities used by employees readily accessible to and usable by individuals with disabilities; and (b) job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.

5. The term “undue hardship” means an action requiring significant difficulty or expense, when considered in light of the following factors. In determining whether an accommodation would impose an undue hardship on a covered entity, factors to be considered include: (a) the nature and cost of the accommodation needed under this chapter; (b) the overall financial resources of the facility or facilities involved in the provision of the reasonable accommodation, the number of persons employed at such facility, the effect on expenses and resources, or the impact otherwise of such accommodation upon the operation of the facility; (c) the overall financial resources of the covered entity, the overall size of the business of a covered entity with respect to the number of its employees, the number, type and location of its facilities; and (d) the type of operation or operations of the covered entity, including the composition, structure, and functions of the work force of such entity, the geographic separateness, administrative, or fiscal relationship of the facility or facilities in question to the covered entity.

TITLE III

1. The term “alteration” is a change to a place of public accommodation or a commercial facility that effects or could effect the usability of the building or facility or any part thereof. Alterations include, but are not limited to, remodeling, renovation, rehabilitation, reconstruction, historic restoration, changes or rearrangement in structural parts or elements, and changes or rearrangement in the plan configuration of walls and full height partitions.

2. The term “auxiliary aids and services” includes: (a) qualified interpreters, note takers, computer aided transcription services, written materials, telephone handset amplifiers, assistive listening devices, assistive listening systems, telephones compatible with hearing aids, closed captioned decoders, open and closed captioning, telecommunications devices for deaf persons (TDDs), video text displays, or other effective methods making orally delivered materials available to individuals with hearing impairments; (b) qualified readers, taped texts, audio recordings, Braille materials, large print materials, or other effective methods of making visually delivered materials available to individuals with visual impairments; (c) acquisition or modification of equipment or devices; and (d) other similar services and actions.

3. The term “commercial facilities” means facilities: (a) that are intended for nonresidential use; and (b) whose operations will affect commerce.

4. The term “place of public accommodation” means a facility whose operations affect interstate commerce.

5. The term “public accommodation” means a private entity that owns, leases or leases to, or operates a place of public accommodation.

6. The term a “qualified interpreter” means an interpreter who is able to interpret effectively, accurately and impartially both receptively and expressively using any necessary specialized vocabulary.

7. The term “readily achievable” means easily accomplishable and able to be carried out without much difficulty or expense. In determining whether an action is readily achievable, factors to be considered include: (a) the nature and cost of the action needed under this Title; (b) the overall financial resources of the facility or facilities involved in the action; the number of persons employed at such facility; the effect on expenses and resources, or the impact otherwise of such action upon the operation of the facility; (c) the overall financial resources of the covered entity; the overall size of the business of a covered entity with respect to the number of its employees; the number, type, and location of its facilities; and (d) the type of operation or operations of the covered entity, including the composition, structure, and functions of the work force of such entity; the geographic separateness, administrative or fiscal relationship of the facility or facilities in question to the covered entity.

8. According to US Service Animals, the term “service animal” encompasses any guide dog, signal dog, or another animal individually trained to provide assistance to an individual with a disability.

9. The term “undue burden” is analogous to the definition of undue hardship and, in essence, means significant difficulty or expense.

List of Resources:

Americans With Disabilities Act (Information Line)
800-514-0301 (voice); 800-514-0383 (TTY)

Access Board (or Architectural and Transportation Barriers Compliance Board) (accessibility guidelines)
800-872-2253 (voice); 800-993-2822 (TTY)

Federal Communications Commission (telephone adapters – hearing impaired)
888-225-5322 (voice); 888-835-5322 (TTY)

NATIONAL ASSOCIATION OF REALTORS®
Legal Affairs Department 312-329-8271

ADA National Network:

New England ADA Center
Region I – Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont
617-695-1225 (Voice/TTY/Espanol/Portugues); ADAinfo@NewEnglandADA.org

Northeast ADA Center
Region II – New Jersey, New York, PR, Virgin Islands
607-255-6686 (V/TTY/Espanol); northeastada@cornell.edu

Mid-Atlantic ADA Center
Region III – Delaware, District of Columbia, Maryland, Pennsylvania,Virginia, West Virginia
301-217-0124 (V/TTY/Espanol); adainfo@transcen.org

Southeast ADA Center
Region IV – Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina,South Carolina, Tennessee
404-541-9001 (V/TTY); ADAsoutheast@law.syr.edu

Great Lakes ADA Center
Region V – Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin
312-413-1407 (V/TTY/Espanol); adata@adagreatlakes.org

Southwest ADA Center
Region VI – Arkansas, Louisiana, New Mexico, Oklahoma, Texas
713-520-0232 (V/TTY/Espanol); swdbtac@ilru.org

Great Plains ADA Center
Region VII – Iowa, Kansas, Nebraska, Missouri
573-882-3600 (V/TTY); adacenter@missouri.edu

Rocky Mountain ADA Center
Region VIII – Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming
719-444-0268 (V/TTY); email@adainformation.org

Pacific ADA Center
Region IX – Arizona, California, Hawaii, Nevada, Pac. Basin
510-285-5600 (V/TTY); adatech@adapacific.org

Northwest ADA Center
Region X – Alaska, Idaho, Oregon, Washington
425-248-2480 (V/TTY); nwadactr@uw.edu