About the Architectural Barriers Act and Other Disability
Rights Laws
Accessibility ... It's the Law
Steps at entrances, a lack of accessible parking or restrooms, and signs without
tactile
characters make facilities unusable by people with disabilities. If you are
unable to
access a facility due to these or other barriers, the Access Board can help. The
Board
enforces accessibility requirements for facilities that are federally funded
under a law
known as the Architectural Barriers Act. Should your concerns pertain to other
types of
facilities or to issues unrelated to building design, the Board can direct you
to the right
resource.
The Architectural Barriers Act (ABA)
The ABA requires access to facilities designed, built or altered with Federal
dollars or
leased by Federal agencies. The law covers a wide range of facilities, including
post
offices, social security offices, prisons, and national parks. It also applies
to non-government facilities that have received Federal funding, such as certain
schools,
public housing, and mass transit systems. Passed in 1968, the ABA stands as the
first
measure by Congress to ensure access to the built environment. Facilities that
predate
the law generally are not covered, but alterations or leases undertaken after
the law
took effect can trigger coverage.
The Access Board
The Access Board is an independent Federal agency that was created to enforce
the ABA. The Board also maintains accessibility guidelines upon which the design
requirements of the ABA are based. Over the years, the Board's mission has
expanded beyond the Federal sector and facility design. As a result, the Board
has become a leading source of information on accessible design. Under several
different laws passed after the ABA, the Board maintains design criteria for
facilities in the private and public sectors, transportation vehicles,
telecommunications, and electronic and information technology. However, these
requirements are enforced by other agencies.
What Makes a Facility Accessible?
Ramps at entrances and curbs, designated parking spaces, phones equipped with
volume controls, and tactile signs are some of the features that make a building
accessible to people with disabilities. Design standards covering these and
other
elements are used to ensure accessibility under the ABA. These standards
indicate
where access is required and provide detailed specifications for ramps,
elevators,
restrooms, drinking fountains, fire alarms, signs, and other accessible building
elements. Facilities covered by the ABA must meet these standards.
Enforcing the ABA
The Board enforces the ABA through the investigation of complaints it receives
concerning particular facilities. The first step of an investigation is to
determine
whether the facility is covered by the law. Where a facility is covered by the
ABA, the
next step is to verify whether the facility meets the applicable accessibility
standards. If
it does not, then the Board will work with the responsible entities to develop a
plan to
bring the facility into compliance. Cases are closed only after the necessary
correction
action is completed.
Filing a Complaint
Filing an ABA complaint with the Board is simple to do. All the Board needs is
the
name and address of the facility and a brief description of the barriers to
accessibility.
Additional information about the facility, such as when it was built or known
sources of
Federal funding, is helpful but not necessary. Personal information, including
one's
name, is optional and, where provided, is kept confidential. Complaints can be
submitted by mail, fax, e-mail, or through an on-line form on the Board's
website. You
can use the form on the next page to file a complaint.
Mail: Compliance and Enforcement Section
1331 F Street, NW, Suite 1000
Washington, DC 20004-1111
Fax: (202) 272-0081
E-mail:
enforce@access-board.gov
Web: www.access-board.gov
ABA Complaint Form
To file a complaint under the ABA about a facility, complete this form and send
it to the
Access Board.
Contact Information (optional)
If provided, this information is kept confidential.
Your Name: _________________________
Address: ___________________________________________
City/State: ________________________ Zip: ____________
Phone: ____________________
Facility Information
Facility: _________________________
Address: ____________________________________________
City/State: ________________________ Zip: ____________
Phone: ____________________
Description of barrier(s) to accessibility:
_____________________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
You can include photos or sketches of the barriers.
If known, the following can help our investigation:
Facility Owner/ Manager: _______________________________
Address: ____________________________________________
City/State: ________________________ Zip: ____________
Phone: ____________________
Federal agencies that occupy or manage the facility: ________
_____________________________________________________
Federal funds that may have been used to design, build, alter, or lease
the
facility:
_____________________________________________________
_____________________________________________________
Date(s) facility was built or altered:
_____________________________________________________
_____________________________________________________
Other Disability Rights Laws
There are a number of other Federal laws that protect the rights of persons with
disabilities. These laws cover access to facilities in the private and public
sectors,
government programs and services, housing, transportation, employment,
telecommunications, and voting. Provided here is a quick guide to these laws and
contacts for further information.
Americans with Disabilities Act (ADA)
The ADA prohibits discrimination on the basis of disability in employment, State
and
local government services, transportation, public accommodations, commercial
facilities, and telecommunications. Unlike the ABA, the ADA's coverage is not
tied to
the presence of Federal funding. For more information, contact a regional
Disability
and Business Technical Assistance Center (DBTACs) or the appropriate Federal
agency.
Disability & Business Technical Assistance Center
www.adata.org
(800) 949-4232 (voice/ TTY)
Employment
Equal Employment Opportunity Commission
www.eeoc.gov
(800) 669-4000 (voice) (800) 669-6820 (TTY)
Government Services & Public Accommodations
Department of Justice
www.ada.gov
(800) 514-0301 (voice) (800) 514-0383 (TTY)
Transportation
Federal Transit Administration
www.fta.dot.gov
(888) 446-4511 (voice/ relay)
ADA Accessibility Guidelines
Access Board
www.access-board.gov
(800) 872-2253 (voice) (800) 993-2822 (TTY)
Telecommunication Relay Services
Federal Communication Commission
www.fcc.gov
(888) 225-5322 (voice) (888) 835-5322 (TTY)
The Rehabilitation Act
The Rehabilitation Act of 1973 ensures access to programs and activities that
are
federally funded. It also protects the rights of Federal employees with
disabilities.
Federal agencies are responsible for enforcing requirements as they apply to
their own
programs, services, and employment practices. The law also requires electronic
and
information technology procured by Federal agencies to be accessible according
to
standards issued by the Access Board.
Employment
Contact the responsible Federal agency's Equal Employment Opportunity Office.
Programs and Activities
Each Federal agency is responsible for ensuring that the programs and activities
it
funds meet the access requirements of section 504 of the law. To find a Federal
agency's section 504 contact, call the Access Board or visit our website at:
www.access-board.gov/enforcement/504.htm.
Electronic & Information Technology
General Services Administration
www.section508.gov
Electronic & Information Technology Standards
Access Board
www.access-board.gov
(800) 872-2253 (voice) (800) 993-2822 (TTY)
The Fair Housing Act
The Fair Housing Act, as amended in 1988, prohibits discrimination in housing on
the
basis of disability, as well as race, color, gender, and religion. It covers
housing in the
public and private sectors and bans discrimination in any aspect of selling or
renting
housing. Under the law, new multifamily housing must be able to be adapted for
accessibility according to established guidelines. The law also requires
reasonable
exceptions to housing policies and operations so that people with disabilities
are
afforded equal housing opportunities.
Department of Housing and Urban Development
www.hud.gov
(800) 669-9777 (voice) (800) 927-9275 (TTY)
The Telecommunications Act
The Telecommunications Act of 1996 requires telecommunications products and
services to be accessible according to guidelines developed by the Access Board.
It
covers a broad range of products, including telephones, cellular phones, pagers,
and
fax machines. The Federal Communications Commission enforces requirements of the
law.
Federal Communications Commission
www.fcc.gov
(888) 225-5322 (voice) (888) 835-5322 (TTY)
Telecommunications Act Accessibility Guidelines
Access Board
www.access-board.gov
(800) 872-2253 (voice) (800) 993-2822 (TTY)
The Air Carrier Access Act
The Air Carrier Access Act of 1986 prohibits discriminatory treatment of people
with
disabilities in air travel. The law applies to both domestic and foreign air
carriers.
Regulations issued by the Department of Transportation under the Act cover a
range of
issues, including boarding assistance and access features in newly built
aircraft.
Aviation Consumer Protection Division
Department of Transportation
www.dot.gov/airconsumer
(866) 266-1368 (voice) (866) 754-4368 (TTY)
The Voting Accessibility for the Elderly and Handicapped Act
The Voting Accessibility for the Elderly and Handicapped Act requires access to
polling
places used in Federal elections. The law also requires States to make available
registration and voting aids, such as instructions in large type.
Voting Section, Civil Rights Division
Department of Justice
www.usdoj.gov/crt
(800) 253-3931 (voice/TTY)