Collapse to view only § 12208. Transvestites
- § 12201. Construction
- § 12202. State immunity
- § 12203. Prohibition against retaliation and coercion
- § 12204. Regulations by Architectural and Transportation Barriers Compliance Board
- § 12205. Attorney’s fees
- § 12205a. Rule of construction regarding regulatory authority
- § 12206. Technical assistance
- § 12207. Federal wilderness areas
- § 12208. Transvestites
- § 12209. Instrumentalities of Congress
- § 12210. Illegal use of drugs
- § 12211. Definitions
- § 12212. Alternative means of dispute resolution
- § 12213. Severability
§ 12201. Construction
(a) In general
(b) Relationship to other laws
(c) Insurance
Subchapters I through III of this chapter and title IV of this Act shall not be construed to prohibit or restrict—
(1) an insurer, hospital or medical service company, health maintenance organization, or any agent, or entity that administers benefit plans, or similar organizations from underwriting risks, classifying risks, or administering such risks that are based on or not inconsistent with State law; or
(2) a person or organization covered by this chapter from establishing, sponsoring, observing or administering the terms of a bona fide benefit plan that are based on underwriting risks, classifying risks, or administering such risks that are based on or not inconsistent with State law; or
(3) a person or organization covered by this chapter from establishing, sponsoring, observing or administering the terms of a bona fide benefit plan that is not subject to State laws that regulate insurance.
Paragraphs (1), (2), and (3) shall not be used as a subterfuge to evade the purposes of subchapter 1
1 So in original. Probably should be “subchapters”.
I and III.(d) Accommodations and services
(e) Benefits under State worker’s compensation laws
(f) Fundamental alteration
(g) Claims of no disability
(h) Reasonable accommodations and modifications
(Pub. L. 101–336, title V, § 501, July 26, 1990, 104 Stat. 369; Pub. L. 110–325, § 6(a)(1), Sept. 25, 2008, 122 Stat. 3557.)
§ 12202. State immunity
A State shall not be immune under the eleventh amendment to the Constitution of the United States from an action in 1
1 So in original. Probably should be “in a”.
Federal or State court of competent jurisdiction for a violation of this chapter. In any action against a State for a violation of the requirements of this chapter, remedies (including remedies both at law and in equity) are available for such a violation to the same extent as such remedies are available for such a violation in an action against any public or private entity other than a State.(Pub. L. 101–336, title V, § 502, July 26, 1990, 104 Stat. 370.)
§ 12203. Prohibition against retaliation and coercion
(a) Retaliation
(b) Interference, coercion, or intimidation
(c) Remedies and procedures
(Pub. L. 101–336, title V, § 503, July 26, 1990, 104 Stat. 370.)
§ 12204. Regulations by Architectural and Transportation Barriers Compliance Board
(a) Issuance of guidelines
(b) Contents of guidelines
(c) Qualified historic properties
(1) In general
(2) Sites eligible for listing in National Register
(3) Other sites
(Pub. L. 101–336, title V, § 504, July 26, 1990, 104 Stat. 370; Pub. L. 113–287, § 5(k)(5), Dec. 19, 2014, 128 Stat. 3270.)
§ 12205. Attorney’s fees
In any action or administrative proceeding commenced pursuant to this chapter, the court or agency, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee, including litigation expenses, and costs, and the United States shall be liable for the foregoing the same as a private individual.
(Pub. L. 101–336, title V, § 505, July 26, 1990, 104 Stat. 371.)
§ 12205a. Rule of construction regarding regulatory authority
The authority to issue regulations granted to the Equal Employment Opportunity Commission, the Attorney General, and the Secretary of Transportation under this chapter includes the authority to issue regulations implementing the definitions of disability in section 12102 of this title (including rules of construction) and the definitions in section 12103 of this title, consistent with the ADA Amendments Act of 2008.
(Pub. L. 101–336, title V, § 506, as added Pub. L. 110–325, § 6(a)(2), Sept. 25, 2008, 122 Stat. 3558.)
§ 12206. Technical assistance
(a) Plan for assistance
(1) In general
(2) Publication of plan
(b) Agency and public assistance
(c) Implementation
(1) Rendering assistance
(2) Implementation of subchapters
(A) Subchapter I
(B) Subchapter II
(i) Part A
(ii) Part B
(C) Subchapter III
(D) Title IV
(3) Technical assistance manuals
(d) Grants and contracts
(1) In general
(2) Dissemination of information
(e) Failure to receive assistance
(Pub. L. 101–336, title V, § 507, formerly § 506, July 26, 1990, 104 Stat. 371; renumbered § 507, Pub. L. 110–325, § 6(a)(2), Sept. 25, 2008, 122 Stat. 3558.)
§ 12207. Federal wilderness areas
(a) Study
(b) Submission of report
(c) Specific wilderness access
(1) In general
(2) “Wheelchair” defined
(Pub. L. 101–336, title V, § 508, formerly § 507, July 26, 1990, 104 Stat. 372; renumbered § 508, Pub. L. 110–325, § 6(a)(2), Sept. 25, 2008, 122 Stat. 3558.)
§ 12208. Transvestites
For the purposes of this chapter, the term “disabled” or “disability” shall not apply to an individual solely because that individual is a transvestite.
(Pub. L. 101–336, title V, § 509, formerly § 508, July 26, 1990, 104 Stat. 373; renumbered § 509, Pub. L. 110–325, § 6(a)(2), Sept. 25, 2008, 122 Stat. 3558.)
§ 12209. Instrumentalities of Congress
The Government Accountability Office, the Government Publishing Office, and the Library of Congress shall be covered as follows:
(1) In general
(2) Establishment of remedies and procedures by instrumentalities
(3) Report to Congress
(4) Definition of instrumentalities
(5) Enforcement of employment rights
(6) Enforcement of rights to public services and accommodations
(7) Construction
(Pub. L. 101–336, title V, § 510, formerly § 509, July 26, 1990, 104 Stat. 373; Pub. L. 102–166, title III, § 315, Nov. 21, 1991, 105 Stat. 1095; Pub. L. 104–1, title II, §§ 201(c)(3), 210(g), Jan. 23, 1995, 109 Stat. 8, 16; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; renumbered § 510, Pub. L. 110–325, § 6(a)(2), Sept. 25, 2008, 122 Stat. 3558; Pub. L. 113–235, div. H, title I, § 1301(b), Dec. 16, 2014, 128 Stat. 2537.)
§ 12210. Illegal use of drugs
(a) In general
(b) Rules of construction
Nothing in subsection (a) shall be construed to exclude as an individual with a disability an individual who—
(1) has successfully completed a supervised drug rehabilitation program and is no longer engaging in the illegal use of drugs, or has otherwise been rehabilitated successfully and is no longer engaging in such use;
(2) is participating in a supervised rehabilitation program and is no longer engaging in such use; or
(3) is erroneously regarded as engaging in such use, but is not engaging in such use;
except that it shall not be a violation of this chapter for a covered entity to adopt or administer reasonable policies or procedures, including but not limited to drug testing, designed to ensure that an individual described in paragraph (1) or (2) is no longer engaging in the illegal use of drugs; however, nothing in this section shall be construed to encourage, prohibit, restrict, or authorize the conducting of testing for the illegal use of drugs.
(c) Health and other services
(d) “Illegal use of drugs” defined
(1) In general
(2) Drugs
(Pub. L. 101–336, title V, § 511, formerly § 510, July 26, 1990, 104 Stat. 375; renumbered § 511 and amended Pub. L. 110–325, § 6(a)(2), (3), Sept. 25, 2008, 122 Stat. 3558.)
§ 12211. Definitions
(a) Homosexuality and bisexuality
(b) Certain conditions
Under this chapter, the term “disability” shall not include—
(1) transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders;
(2) compulsive gambling, kleptomania, or pyromania; or
(3) psychoactive substance use disorders resulting from current illegal use of drugs.
(Pub. L. 101–336, title V, § 512, formerly § 511, July 26, 1990, 104 Stat. 376; renumbered § 512, Pub. L. 110–325, § 6(a)(2), Sept. 25, 2008, 122 Stat. 3558.)
§ 12212. Alternative means of dispute resolution
Where appropriate and to the extent authorized by law, the use of alternative means of dispute resolution, including settlement negotiations, conciliation, facilitation, mediation, factfinding, minitrials, and arbitration, is encouraged to resolve disputes arising under this chapter.
(Pub. L. 101–336, title V, § 514, formerly § 513, July 26, 1990, 104 Stat. 377; renumbered § 514, Pub. L. 110–325, § 6(a)(2), Sept. 25, 2008, 122 Stat. 3558.)
§ 12213. Severability
Should any provision in this chapter be found to be unconstitutional by a court of law, such provision shall be severed from the remainder of the chapter, and such action shall not affect the enforceability of the remaining provisions of the chapter.
(Pub. L. 101–336, title V, § 515, formerly § 514, July 26, 1990, 104 Stat. 378; renumbered § 515, Pub. L. 110–325, § 6(a)(2), Sept. 25, 2008, 122 Stat. 3558.)