• The Department of Justice supports the Equal Employment Opportunity Commission in enforcing ADA regulations.Justice image by MVit from Fotolia.com
  
  The Americans with Disabilities Act (ADA) promotes a national policy aimed at eliminating discriminatory practices and barriers that keep many individuals with disabilities from participating in public life. However, the statute needs clarification and amplification from regulations promulgated by the two agencies primarily charged with implementing the law: the Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ). The DOJ issues regulations for ADA Titles II and III.
  
  

General Background

• The ADA has several titles, or sets of regulations, to help interpret its provisions.empty files image by Ivonne Wierink from Fotolia.com
  
  The ADA prohibits discrimination, retaliation, and harassment against individuals with disabilities in a number of arenas. Title I governs employers, labor organizations, and employment agencies, making illegal any employment discrimination on the basis of disability. Title II involves publicly funded entities, such as government agencies, schools, and recipients of federal funds. Title III covers private businesses that are open to the public, known as public accommodations.
  
  The ADA specifies that the DOJ shall handle complaints of disability discrimination brought under Titles II and III. Additionally, the DOJ is charged with issuing regulations that flesh out the requirements and prohibitions contained in those provisions of the statute. As part of that duty, the DOJ participated in the development of architectural standards for accessible facilities to eradicate barriers in public buildings for people with mobility and vision impairments.
  
  

Title II Regulations

• Title II regulations cover schools and classrooms.school room image by Alfonso d"Agostino from Fotolia.com
  
  DOJ Title II regulations for the ADA explain how public entities shall grant qualified people with disabilities full access to the services and programs they offer. The requirements include providing assistive devices and services to ensure that those with visual and hearing impairments can communicate effectively and obtain necessary information in accessible formats. They also ensure that individuals whose disabilities require the use of assistance animals shall not be banned from covered under the regulations.
  
  Additionally, the DOJ regulations for Title II help define who is a qualified individual with a disability and therefore eligible for coverage by the ADA. Moreover, the regulations specify what actions are considered discriminatory. There is also a section that sets forth the procedures for pursuing a discrimination complaint under Title II and how a plaintiff can proceed to court. (See References 1)
  
  

Title III Regulations

• ADA Title III regulations deal with public accommodations.handicapped parking space and sign image by TMLP from Fotolia.com
  
  DOJ regulations for Title III deal with public accommodations like theaters, shops, and stadiums. THey cover building accessibility, provision of accommodations and services to facilitate communication and access, and enforcement procedures. The regulations clarify which entities must comply with Title III and which need not. For instance, private clubs and single-family homes do not fall under ADA Title III.
  
  

Proposed Changes

• The use of horses to assist people with disabilities was debated in amendment hearings.horse 8 image by Harvey Hudson from Fotolia.com
  
  In late 2008, the DOJ proposed amendments to several of its regulations for ADA Title II and III. Some of the changes included a restriction on the type and purpose of assistance animals, alterations to the accessible design guidelines, and provisions concerning the use of alternate mobility devices, such as Segways, in public buildings. Although the public comment period passed with extensive input from stakeholders, the amendments were tabled with the change in the national administration. In mid-2010, members of the disability community were still awaiting implementation of any proposed changes. (See References 4)