The Catholic University of America

Summary of Federal Laws


Equal Employment Opportunity

Related Policies

Reasonable Accommodations

Equal Opportunity

Accommodation at Events

Americans with Disabilities Act of 1990 (ADA) as amended by the ADA Amendments Act of 2008 (Public Law 110-325) 42 U.S.C. §§ 12101-12213, 47 U.S.C. §§ 225 and 61129 C.F.R. Part 1602.1 et seq., 1630.1 et seq., 1640.1 and 1641.1

ADA Title III regulations

The Law: Title I of the ADA prohibits employment discrimination against a qualified individual with a disability. The law requires that reasonable accommodations be made to allow the employee to perform the essential functions of the job, or to assist the employee in the application process if necessary. The ADA contains strict confidentiality requirements for medical information related to employee's disabilities. The law also contains requirements for elimination of physical barriers to access. See also the Architectural Barriers Act of 1968, 42 U.S.C. § 4151 et seq., which governs requirements for handicap access to buildings constructed, altered or leased with federal funds. The Uniform Accessibility Standards (UFAS) are found at 41 C.F.R. Part 101-19.6. For modifications to programs and services under Title III of the ADA, see Americans with Disabilities Act of 1990 in the section of this summary on Non-Discrimination with Respect to Students.

The administrative requirements, judicial requirements, and remedies under this law are the same as under Title VII. 

Final Rule Implementing the ADA Amendment Act of 2008 81 Fed. Reg. 53204, August 11, 2016, effective Oct. 11, 2016. Regulations address both Title II and Title III entities. For guidance providing a section-by- section analysis of the revisions to 28 CFR parts 35 and 36 published on August 11, 2016, see Appendix C of 28 CFR part 35 .or a section by section analysis. The Justice Department also issued a short press release

Regulations to Implement the Equal Employment Provisions of the ADA, as amended, 76 Fed. Reg. 16978, March 25, 2011. These final regulations are effective May 24, 2011 and implement the ADA Amendments Act of 2008. See the Fact Sheet on the EEOC Final Regulationsas well as the Q and A on same.

Clarification With Lilly Ledbetter Fair Pay Act of 2009
On January 29, 2009, President Obama signed this new law which is retroactive to May 28, 2007. The new law rejects the holding in Ledbetter v. Goodyear Tire and Rubber Co. In that case The Supreme Court held that the charge filing deadline on discriminatory pay begins to run with the initial pay decision, and squarely rejected the theory that each new paycheck amounted to an act of continuing discrimination. The Ledbetter law amends Title VII, the ADA, the Rehab Act and The Age Discrimination in Employment Act of 1967 to provide that the charge-filing periods would commence when: (1) a discriminatory compensation decision or other practice is adopted; (2) an individual becomes subject to the decision or practice; or (3) an individual is affected by an application of a discriminatory compensation decision or practice (including each time wages, benefits, or other compensation is paid). 

NonDiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities, Final Rule, 75 Fed. Reg. 56236, Sept. 15, 2010. This final rule was finally published a few months after it was posted online by the Justice Department on July 23rd.  This final rule revises the Department of Justice (Department) regulation that implements title III of the Americans with Disabilities Act (ADA), relating to nondiscrimination on the basis of disability by public accommodations and in commercial facilities. The Department is issuing this final rule in order to adopt enforceable accessibility standards under the Americans with Disabilities Act of 1990 (ADA) that are consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance Board, and to update or amend certain provisions of the title III regulation so that they comport with the Department's legal and practical experiences in enforcing the ADA since 1991.

See the Pillsbury Client Alert on this issue, from August 2, 2010, titled New ADA Regulations Update Standards and Broaden Requirements for Public Accommodations. Also helpful  is the summary of the new  2010 ADA Standards for Accessible Design.


In Andrews v. Blick Art Material, LLC, U.S. Dist. Court, E.D. NY, 268 F. Supp 3d 381,(August 1, 2017)  the Court held as follows on the motion to dismiss for failure to state a claim: 

  • retailer's website was a place of public accommodation under the ADA, and thus retailer was prohibited from discriminating against visually impaired consumers on website;
  •  as a matter of first impression, under New York law, as predicted by federal court, retailer's website was a place of public accommodation under the New York State Human Rights Law (NYSHRL);
  •  under New York City law, as predicted by federal court, retailer's website was a provider of public accommodation under the New York City Human Rights Law (NYCHRL);
  •  district court would decline to apply primary jurisdiction doctrine; and
  •  retailer's due process affirmative defense was not ripe for review.

The case was settled on Dec. 21, 2017. 

In this final rule, effective September 21, 2004, The Architectural and Transportation Barriers Compliance Board (Access Board) is revising and updating its accessibility guidelines for buildings and facilities covered by the Americans with Disabilities Act of 1990 (ADA) and the Architectural Barriers Act of 1968 (ABA). These guidelines cover new construction and alterations and serve as the basis for enforceable standards issued by other Federal agencies.
The ADA applies to places of public accommodation (this includes private educational institutions), commercial facilities, and State and local government facilities. The ABA covers facilities designed, built, altered with Federal funds or leased by Federal agencies. As a result of this revision and update, the guidelines for the ADA and ABA are consolidated in one Code of Federal Regulations part, 36 CFR Part 1191. The Access Board has sought to harmonize the Guidelines with industry standards, particularly ANSI A117.1 standard and the International Building Code.

Advisory notes in the rule are provided for informational purposes only, and are not mandatory. The play areas and recreational facilities guidelines have been integrated into this final rule. Neither the proposed rule nor the draft final rule included provisions for multiple chemical sensitivities or electromagnetic sensitivities. Comments were received that urged the Board to address the acoustical performance of buildings and facilities, in particular school classrooms and related student facilities. The preamble mentions ASA/ANSI S12.60-2002, Acoustical Performance Criteria, Design Requirements and Guidelines for Schools and notes that this standard is voluntary unless referenced by a code, ordinance, or regulation.

Recordkeeping: Institutions of higher education are required to preserve any personnel or employment record for a period of two years from the date of the making of the personnel action or record involved, whichever is later. See 29 C.F.R. § 1602.49. In addition, all records necessary for the completion of Fall staff survey of the Integrated Postsecondary Education Data System (Form IPEDS) (in place of the Higher Education Staff Information Report EEO-6) must be kept for three years.* See also 29 C.F.R. § 1602.48. An institution is required to keep certain adverse impact data for two years after elimination of the adverse impact. See 46 C.F.R. § 60-3.

Produce and File Report: The Fall staff survey Form IPEDS (in place of the EEO-6) must be produced biennially, filed with the National Center for Educational Statistics, and a copy kept for three years. Note that the form does not ask any questions on disability, but the heading of the regulations groups the ADA and Title VII together for the purpose of what records are to be kept.

Notification: Notification to employees and applicants of the ADA policy is required.

Grievance Procedure: While this provision technically falls under 29 U.S.C. § 794, note that any recipient of federal financial assistance that employs 15 or more persons shall designate at least one person to coordinate its efforts to comply with the Rehabilitation Act of 1973, and shall adopt grievance procedures that incorporate appropriate due process procedures and that provide for the prompt and equitable resolution of complaints. This provision is included here under ADA because these two laws have become intertwined in the minds of many. See 34 C.F.R. § 104.7. Note, however, that grievance procedures need not be established with respect to complaints from applicants for employm


Accessibile Information Exchange: Meeting on a Level Playing Field: This DOJ publication focuses on planning and conducting meetings and events that are accessible to people with disabilities. Issued April 2009


Q and A on Cancer in the Workplace and the ADA published by US EEOC (May 2013)

Q and A on Diabetes in the Workplace and the ADA published by US EEOC (May 2013)

Q and A on epilepsy in the Workplace and the ADA published by US EEOC (May 2013)

Q and A on intellectual disabilities  in the Workplace and the ADA published by US EEOC (May 2013)

NACUA Notes: The Revised ADA Title II and Title III Regulations (Part II): Impact on Ticket Sales and Effective Communication Requirements at Athletic Events (June 22, 2012)

NACUA Notes: The Revised ADA Title II and Title III Regulations (Part I): Imapct on Campus Athletic Facilities (June 21, 2012)

NACUA Notes: Update on Accommodating Service and Assistance Animals on Campus (March 16, 2012)

Veterans and the ADA : A Guide for Employers, 2-28-12 by the US EEOC. Helpful summary of relevant laws.

Accommodating Faculty Members Who Have Disabilities (Jan. 2012)

This AAUP report is authored by Robert O'Neill, Ann Franke, Michael Berube and Jordan Kurland with an appendix by Laura Rothstein, author of Disability Law and Higher Education. Subjects discussed include having policies in place, defining essential accommodations, privacy issues involved in process, guidelines for search committees, and litigation over dismissal of faculty with disabilities.

NACUA Notes Service Animals on Campus (April 14, 2011)

See Q and A on the ADA for information on alterations to facilities and other topics

ADA: Applying Performance and Conduct Standards to Employees with Disabilities: Guide Issued by EEOC


* From Second Edition of Record-Keeping and Reporting Requirements for Independent and Public Colleges and Universities, edited by Joseph W. Ambash available from NACUA.

"Pursuant to Title VII and the Americans With Disabilities Act ("ADA"), 42 U.S.C. §§ 12101, et seq., the Equal Employment Opportunity Commission ("EEOC") has promulgated specific record-keeping and retention procedures relating to the composition of a work force according to race, ethnicity, sex and disabilities, as defined under the law. See 29 C.F.R. §§ 1602.7 - 1602.27. Prior to 1993, institutions were required to maintain all records and information therefrom, "which were . . . necessary for the complet[ion] of Higher Education Staff Information Report, EEO-6." Id. at § 1602.48. The EEO-6 was filed biennially by every institution that had 15 or more employees. 29 C.F.R. § 1602.50.

Beginning in 1993, the Department of Education, National Center For Education Statistics (NCES), assumed the responsibility of compiling all information previously submitted on the EEO-6 onto a new reporting form -- the Integrated Post Secondary Education Data System Survey (IPEDS). The IPEDS thus replaced the EEO-6 report formerly required by EEOC. Institutions must now submit the IPEDS to the NCES on a biennial basis.

Retention. All records used to complete the EEO-6 or the IPEDS, and the information therefrom, must be retained for a period of three years "at the central administrative office of [the institution], at the central administrative office of a separate campus or branch, or at an individual school which is the subject of the records and information, where more convenient." 29 C.F.R. § 1602.48."


Fact Sheet: Adoption of the 2010 Standards for Accessible Design



updated mlo 7-27-18