The Disability Rights Section administers and enforces the Americans with Disabilities Act, 42 U.S.C. §§ 12101 et seq., coordinates enforcement of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794(a), and enforces the Genetic Information Nondiscrimination Act, 42 U.S.C. §§ 2000ff et seq. The Special Litigation and Educational Opportunities Sections of the Civil Rights Division also enforce Title II of the Americans with Disabilities Act under certain circumstances.

The Americans with Disabilities Act comprises three titles: Titles I, II, and III. The Disability Rights Section investigates and litigates cases under all three Titles. Title I of the Americans with Disabilities Act prohibits discrimination on the basis of disability in employment. The Equal Employment Opportunity Commission (EEOC) investigates allegations of discrimination on the basis of disability by state or local government employers under Title I. The EEOC may refer those cases to the Disability Rights Section for litigation if appropriate. The EEOC retains Title I matters for litigation that involve private employers. The Title I remedies and enforcement procedures are substantially the same as those provided by Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e-4, 2000e-5, 2000e-6, 2000e-8, 2000e-9, as amended by the Civil Rights Act of 1991, and include injunctive relief and compensatory damages with certain prescribed limits. Punitive damages are not available against public employers.

Title II of the Americans with Disabilities Act prohibits discrimination on the basis of disability in the provision of all programs, activities, and services of state and local governmental entities, including the provision of public transportation. The Title II remedies and procedures parallel those available under Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794a.

Title III of the Americans with Disabilities Act prohibits discrimination on the basis of disability by public accommodations, commercial facilities, and entities that offer courses or examinations related to professional or educational certifications. The remedies available under Title III in litigation initiated by the Attorney General include injunctive relief, compensatory damages, and civil penalties of up to $90,535 for a first violation and up to $181,071 for any subsequent violation. Civil penalty amounts are periodically adjusted for inflation, and the current maximums can be found at 28 C.F.R. § 85.5.

The Disability Rights Section promulgates regulations under the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. Section 504 prohibits disability discrimination in federally conducted programs or activities, as well as programs or activities receiving federal financial assistance. The Disability Rights Section also coordinates implementation of these laws by federal agencies. The Disability Rights Section’s coordination authority under Section 504, established by Executive Order 12250, includes review and approval of federal agencies’ regulations and significant policy guidance regarding Section 504. Finally, the Disability Rights Section also coordinates and provides technical assistance to covered entities and people with disabilities on the requirements of the Americans with Disabilities Act.

The statute, relevant regulations, and technical assistance materials regarding the Americans with Disabilities Act are available at the website hosted by the Disability Rights Section, www.ada.gov, under the headings “Law/Regulations” and “Technical Assistance Materials.”

[updated March 2018]