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Privacy Policy

Persons  w   th Disabilities

November 2

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With S e ctio n s Revised

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 D e p a r t m e n t o

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Justice

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PREPARED UNDER THE SUPERVISION OF THE CALIFORNIA ATTORNEY GENERAL'S PUBLIC RIGHTS DIVISION CIVIL RIGHTS ENFORCEMENT SECTION

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Privacy Policy

RICHARD M. FRANK Chief Assistant Attorney General LOUIS VERDUGO, JR

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Senior Assistant Attorney General

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SUZANNE M. AMBROSE Supervising Deputy Attorney General

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BILL LOCKYER Attorney General

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KATHLEEN W. MIKKELSON REGINA J. PHYLLIS W.BROWN CHENG

GLORIA L. CASTRO ANGELA SIERRA Deputy Attorneys General

For additional information about LEGAL RIGHTS OF PERSONS WITH DISABILITIES and for copies, please contact the Attorney General's PUBLIC INQUIRY UNIT, P.O. Box 944255, Sacramento, CA 94244-2550 Telephone: (916) 322-3360; Toll free number: (800) 952-5225; Line for the hearing (916) 324-5564; Toll free number: (800) 952-5548. This website stores data suchimpaired: as cookies to enable essential site functionality, as well*Much as marketing, of the material in this Fourth Edition is an update of the Second and Third personalization, andEditions, analytics. Marian You M. Johnston and Kathleen W. Mikkelson, Deputy Attorneys may change your settings at any time and editors. General, writers or accept the default settings.

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TABLE OF CONTENTS Page INTRODUCTION  This website stores data such as cookies to enable essential site CHAPTER 1: EMPLOYMENT  functionality, as well as marketing, personalization, and analytics. I.  You STATE LAW may change your settings at any time A.  Definition of Disability and Medical Condition or accept the default settings. B.  Covered Employers Privacy Policy Marketing Personalization Analytics Save

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C.  D.  E. 

Employer Defenses to Discrimination in California Employers Must Make Reasonable Accommodations Nondiscrimination in Recruitment and Testing

1 1 2 2 2 2

F.  G. 

Complaint Procedures Miscellaneous California Employment Discrimination Laws

3 3

FEDERA L LAW A.  The Americans With Disabilities Act B.  The Federal Rehabilitation Act of 1973

CHAPTER 2: HOUSING 

4 4 6 10

I.  II.

HOUSING DISCRIMINATION HOUSING PROGRAMS A.  Federal Housing Programs B.  California Housing Programs

CHAPTER 3: NONDISCRIMINATION NONDISCRIMINATION IN BUSINESS BUSINESS AND SERVICES SERVICES I.

NONDISCRIMINATION NONDISCRIMINA TION IN PUBLIC ACCOMMODATIONS, TRANSPORTATION CARRIERS AND BUSINESS ESTABLISHMENTS A.  California Access Law B.  Discrimination Based on Disability

II.as NONDISCRIMINA NONDISCRIMINATION TION IN STATE-SPONSORED PROGRAMS This website stores data such AND ACTIVITIES AND IN PUBLIC PLACES cookies to enable essential site functionality, as well as marketing, III.You  NONDISCRIMINATION IN INSURANCE COVERAGE personalization, and analytics. A.  Life, Annuity, or Disability Insurance may change your settings at any time B.  Health Insurance or accept the default settings. C.  D. 

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Automobile Insurance Insurance Appeal Procedures

NONDISCRIMINATION IN LICENSING AND LICENSED NONDISCRIMINATION SERVICES

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TABLE OF CONTENTS Page CHAPTER 4: ACCESS This website stores data such as cookies to enable essential I. site ACCESS TO BUILDINGS AND FACILITIES  functionality, as well as marketing, A.  Federal Law personalization, and analytics. You B.  California Law and Regulations may change your settings at any time or accept the default settings. II. ACCESS TO POLLING PLACES AND THE VOTING PROCESS Privacy Policy Marketing Personalization

III.

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17 17 19 

STATE AND FEDERAL ELECTIONS A.  State Elections B.  Federal Elections

26 26 27

ACCESS TO TRANSPORTATION A.  Driving and Parking B.  Mass Transit and Interstate Transportation C.  Air Travel

27 27 29 34

Accept IV.All ACCESS TO TELECOMMUNICATIONS 

A. 

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Telephone Systems B.  Television Broadcasting

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CHAPTER 5: EDUCATION  I. 

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THE RIGHTS OF CHILDREN WITH DISABILITIES IN PRIMARY AND SECONDARY EDUCATION 39 A.  B.  C.  D.  E. 

All Children With Disabilities Have a Right to a Free, Appropriate, Public Education The Law A Free, Appropriate, Public Education Eligibility & Procedures Administrative & Judicial Review A

 

II. PRESCHOOL EDUCATION Children Younger Than Five May Be Eligible For Special This website stores data such as A.  Education Benefits cookies to enable essential site Eligible Preschool Children Have the Same Rights as School functionality, as well as marketing, B.  Age Children personalization, and analytics. You may change your settings at any time III. POST-SECONDARY EDUCATION or accept the default settings. A.  B.  C. 

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D.  E.  F. 

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General Law - Section 504 What is a Program or Activity? Nondiscrimination in Admissions, Recruitment, and Accommodation Nondiscrimination in Housing Nondiscrimination in Financial Aid Nondiscrimination in Nonacademic Services A

 

39 39 40 43 48 51 51 51 52 52 52 52 53 53 53

 

TABLE OF CONTENTS Page CHAPTER 6: PARENTAL RIGHTS This website stores data such as cookies to enable essential I. site PARENTAL FITNESS  functionality, as well as marketing, personalization, and analytics. II.You CHILD CUSTODY may change your settings at any time or accept the default settings. III. ADOPTION

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CHAPTER 7: PROGRAMS AND SERVICES Privacy Policy

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Marketing

I. 

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II.

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IN HOME SUPPORTIVE SERVICES (IHSS)

REHABILITATION SERVICES A.  Eligibility for Services B.  What Vocational Rehabilitation Services Are C.  Application Procedures Accept All D.  The Rehabilitation Appeal Process III.

INDEPENDENT LIVING CENTERS

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55 55 55 55 56 56 56

IV.

REGIONAL CENTERS A.  The Regional Center Appeal Procedure

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V. 

COMMUNITY MENTAL HEALTH SERVICES

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CHAPTER 8: BENEFITS I. 

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INCOME BENEFITS A.  Social Security Disability Insurance and Supplemental Security Income (SSI) B.  State Disability Insurance

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s Compensation C. Worker  Special Needs Allowance for Persons With Guide Dogs E.  Decreased Energy Rates

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D. as  This website stores data such cookies to enable essential site functionality, as well as marketing, II.You TAX AND BUSINESS BENEFITS personalization, and analytics. A.  Tax Benefits may change your settings at any time B.  Business Loans & Enterprises to Persons With Disabilities or accept the default settings. CHAPTER 9: HEALTH CARE  Privacy Policy I.  HEALTH CARE BENEFITS Marketing A.  Medicare B.  MediCal Personalization C.  Hill-Burton Hospitals Analytics Save

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TABLE OF CONTENTS  Page D. E. 

California Children s Services (CCS)  

Genetically Handicapped Person s Program This website stores data such as cookies to enable essential site functionality, as well as marketing, II. RIGHT TO MEDICAL TREATMENT Medical Care for Newborns With Disabilities personalization, and analytics.You A.  may change your settings at any time B.  Infant Care Review Committees or accept the default settings. III. RIGHT TO CONSENT TO MEDICAL TREATMENT A.  Right of a Conservatee to Refuse Medical Treatment Privacy Policy B.  Durable Power of Attorney for Health Care Marketing

C. D. 

 

Limited Right to Die Sterilization of Persons With Disabilities

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Personalization CHAPTER 10: CIVIL RIGHTS OF PERSONS WITH MENTAL AND DEVELOPMENTAL Analytics DISABILITIES 68 Save

Accept I. All  CIVIL RIGHTS OF PERSONS WITH DEVELOPMENTAL

DISABILITIES A.  Federal and State Rights

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B.  C. 

II.

D. 

Institutionalization of Persons With Developmental Disabilities 69 Rights of Persons With Developmental Disabilities in Institutions 69 Judicial Hearing to End Institutionalization 70

CIVI CI VIL L A.  B.  C.  D.  E.  F. 

RIG RIGHT HTS S OF OF PER PERSO SONS NS WITH WITH MENT MENTAL AL DI DISA SABI BILI LITI TIES ES The Lanterman-Petris-Short (LPS) Act Rights of Persons With Mental Disabilities Commitment Procedures Certification For Intensive Treatment Judicial Hearing Involuntary Detention Beyond 14 Days

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G.  H. 

Conservatorship Procedures Mental Health Advocacy Programs

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INTRODUCTION 

California and Federal Law This website stores data such as This handbook discusses both California and federal laws that protect the rights of individuals with cookies to enable essential site functionality, disabilities. as well as marketing, California and federa federall law should be examined together to get a com complete plete picture of the law on a particular topic. You In some areas California law provides more legal legal protection or is more comprehensive comprehensive;; personalization, and analytics. in other areas, federal law is more helpful. may change your settings at any time or accept the default settings. Statutes, Regulations, and Cases Privacy Policy

"The law" usually consists of a combination of statutes, statutes, regulations, and cases. Statutes are laws

 passed by legislators legisla tors eitherofin inhow the state Capitol Capitol or enforced in Congress. Statutes are generally fairly fairly short and often often Marketing do not describe the details the law will be or what specifically will constitute a violation of law. Personalization Various government agencies are often charged with developing regulations to carry out the Analytics mandates of statutes. These regulations usually descr describe ibe the "nuts and bolts" of a statute's administrat administration. ion. Save

Accept All Finally, when cases go to court, judges issue opinions which resolve disputes in interpreting statutes and regulations.

An analysis of statutes, regulations, and cases yields the current state of rights and protections, which change over time as the law changes. What Action Can Individuals Take? Complaints - Many agencies are authorized to allow people who believe they have experienced discrimination or have been denied denied other rights to file a complaint. The agency may then investiga investigate te the complaint, and if it finds that violations of law have occurred, the agency can impose various sanctions on the violator and award various remedies to the individual who filed the complaint (complainant). Lawsuits - Individuals who experience discrimination discrimination or other violations of law can often file a lawsuit in a court. It may be necessary to go through the agency (adm (administrative) inistrative) compl complaint aint process first. Contact the responsible agency agency as soon as possible to find out when and if you can file a lawsuit. Although you may file a lawsuit by yourself without an attorney, you should probably talk with a legal organization This website or stores data such as private attorney if you plan to do so. cookies to enable essential site functionality, as well as marketing, personalization, and analytics. You may change your settings at any time or accept the default settings.

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CHAPTER 1 EMPLOYMENT

Thissuch chapter This website stores data as discusses state and federal statutes which promote access to employment opportunities individuals with disabilities. cookies to enable essentialfor site functionality, as well as marketing, I. and analytics. STATE LAW personalization, You may change your settings at any time Fair Employment and Housing Act (FEHA) protects the right of individuals to seek, obtain, or accept the default The settings. and hold employment without discrimination on the basis of physical or mental disability or medical condition. It also prohibits retaliation retaliation against a person who has opposed unlawful discrim discriminatory inatory practices under the FEHA or participated in an investigation into unlawful employment employment practices. (Gov. Code, ' Privacy Policy 12940, subd. (j).) (h).) The FEHA also prohibits prohibits harassment on the basis of a person person=s disability. disability. (Gov. Code, Code, ' 12940, subd. Marketing Personalization A. Analytics Save

Definition of Disability and Medical Condition 1.

Disability

Accept All The definition of "disability" under the FEHA includes both physical and mental disabilities.

a.

Physical disability

Physical disability includes having any physiological disease, disorder, condition, cosmetic disfigurement or anatomical loss, or having a record of such impairment, or being regarding as having or having had such an impairment, that: $

affects one or more body systems s ystems (neurological, immunological, immunological, musculoskeletal, special sense organs, respiratory, speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic, lymphatic, lymphatic, skin and endocrine); and

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limits a major life activity without regard to mitigating measures, such as medications, medications, assistive devices, prosthetics or reasonable accommodations; accommodations; or

any other health impairment impairment that requires specia speciall education or related services services.. (Gov. Code, ' 12926, subd. (k).) This website stores data such as cookies to enable essential site  b. Mental disability disability functionality, as well as marketing, personalization, and analytics. You Mental disability includes any mental or psychological disorder, such as mental retardation, may change organic your settings at any timeemotional or mental illness, and specific learning disabilities that limit a major life brain syndrome, or accept theactivity, default settings. or having a history of such impairment or being regarded as having or having had such an impairment.. Mental disability includes any mental or psychologica impairment psychologicall disorder or condition that requires special education education or related servic services. es. (Gov. Code, ' 12926, subd. (i).) Mental disability does does not include sexual behavior disorders, compulsive gambling, kleptomani kleptomania, a, pyromania or current unlawful drug use. Privacy Policy $

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2.

Medical Condition

The FEHA also forbids discrimination in employment employment on the basis of medical condition condition.. "Medical condition" refers to 1) any health impairment related to or associated with a diagnosis of cancer or a record history of such cancer; and 2) genetic chara characteristics. cteristics. (Gov. Code, '' 12926, This website or stores data as and subd. (h), and 12940, subd. (a).) cookies to enable essential site functionality, as well as marketing, B. Covered Employers personalization, and analytics. You may change your settings at any time employment discrimination la law w covers nearly all employers. An "employer" for or accept the default California settings. employment  purposes of the FEHA FEHA includes any anyone one regularly employing five five or more persons, persons, whether full full or part-time; part-time; any person acting as an agent of an employer, directly or indirectly; state and local governments; governments; employment a agencies; gencies; and labor organizations. orga nizations. (Gov. Code, '  12926,  1292 6, subd. (d)). ( d)). For purposes purposes of of Privacy Policy harassment, employer includes employer anyone regularlybefore em employing ploying one or more In comparison, law requires an employment of 15 or more employees an employer will persons. be covered, whether the federal Marketing disability is physical or mental. (42 U.S.C ' 12111(5)(A).) Personalization Analytics

C.

Employer Defenses to Discriminati Discrimination on in California

An employer may refuse to hire or may discharge a person with a physical disability if the person Save is unable toAccept Allthe essential functions perform functions of the job even with reasonable accomm accommodation. odation. Also, the employer may refuse to hire or may discharge an individual with a disability who cannot perform the essential functions of the job in a manner which would not endanger his or her health, or the health and

safety of others even with reasonable accommodation. accommodation. These two defenses require a case by case evaluation of each person=s abilities and limitations with regard to the specific job in question. In addition, an employer may discriminate against a whole group of persons with disabilities if the absence of a particular disability disability is a bona fide occupational qualifi qualification cation (BFOQ). For example, an employer may be able to refuse to hire any person with back problems for a job which requires heavy lifting. However, employe employers rs can rely upon a BFOQ defense to exclude a group of people only if the employer can prove that all or almost all members of the excluded group cannot presently perform the job in a safe manner. (Sterling Transit Co. v. Fair Employment Practice Commission (1981) 121 Cal.App3d 791.) D.

Employers Must Make Reasonable Accommodations Accommodations

Employers must make reasonable accommodati accommodations ons for applicants and employees with disabilities, unless the accommodat accommodation ion would impose an undue hardship on the employer. Examples of reasonable This website stores data such as accommodations accommodat ions include making facilities accessible and restructuring jobs, which might include cookies to enable essential site or transferring an employee, developing developing part-time or modified work schedules, acquiring or functionality, reassigning as well as marketing, modifying equipment, equipment, providing readers or interpreters. (Cal. personalization, and analytics. You minor restructuring of the work site, and providing Code Regs., tit. 2, '  7293.9.) may change your settings at any time or accept the default settings. E. Nondiscriminati Nondiscrimination on in Recruitmen Recruitmentt and Testing Employers must give equal consideration to individuals with disabilities in recruitment activities Privacy Policy and are required to make reasonable accommodations accommodations during the recruitment process. For example, Marketing Personalization Analytics Save

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during the interview process, employers may be required to provide interpreters for individuals with hearing impairments impairments or provide rooms which are accessible to wheelchairs. wheelchairs. Employers may not ask general questions about an applicant's applicant's physical or mental condition. Specific questions about an appli applicant's cant's present  physical or mental mental fitness, medical condition, condition, physical physical condition or medical history are permissible permissible only if they are directly related to the job in question question. . An employer may only make an inquiry or conduc conductt an This website stores data such as examination after cookies to enable essential sitean offer of employment has been made, provided that it is job-related and consistent with functionality, business as well as marketing, necessity, and that all entering employees in similar positions positions are subjected subjected to the same same inquiry or exam. An individual disqualified from employment as a result of a physical exam must be personalization, and analytics. Youwho would be disqualified to submit independent medical opinions for consideration before a final determination is made. may change allowed your settings at any time exam results are confidential; however, supervisors may be informed of restrictions on or or accept theThe default settings. accommodations accommoda tions with respect to an individual's duties, and first aid and safety personnel may be informed of the condition if the condition may require require emergency treatm treatment. ent. (Gov. Code, ' 12940, subds. (d), (e), and (f); Cal. Code Regs., tit. 2, ' 7294.0.) Privacy Policy

Employers may not use testing criteria which discriminate, unless the criteria are job-related and Marketing no alternative testing method is available. The employer must ensure that test results accurately reflect the Personalization applicant's job skills or aptitude for the job, rather rather than merely reflecting the applicant's applicant's disability. Tests of  physical agility agility or strength ccannot annot be used, used, unless those physical skills are precisely what the test is Analytics designed to measure. To accomplish this, the employer must reasonably accommodate the applicant's disability during pre-employment pre-employment testing, such as by making the site physically physically accessible. Other forms of Save accommoda Accept All accommodations tions may include providing readers and interpreters, allowing more time for test-taking, and administering alternate alternate tests or individualized individualized assessments. (Cal. Code Regs., tit. 2, ' 7294.1.)

F.

Complaint Procedures

If you believe that you have been discriminated against, you may file a complaint with the Department of Fair Employment and Housing (DFEH) within one year of the occurrence of the alleged discriminatory act. act. If you did not learn of the act of discrimination until after after a year had passed, the period for filing may be extended up to 90 days. After the complaint is filed, two avenues avenues of relief are available. The DFEH may attempt to resolve the matter through conciliation conciliation and, if necessary, an administrative hearing before the Fair Employment Employment and Housing Commission (FEHC). (Gov. Code, '' 12963.7, subd. (a), and 12965.) Alternatively, Alternatively, the DFEH may issue a "right to sue letter" which allows you to file a lawsuit against the employer directly directly in court. (Gov. Code, ' 12965.) However, you you must file with the DFEH and receive a right-to-sue letter before a court will hear your case. G.

Miscellaneous California Employmen Employmentt Discrimination Discrimination Laws

In addition This website stores data such asto the FEHA, there are a number of other California laws that protect disabled employees. State accommodations odations for an otherwise qualified individual's cookies to enable essential siteagencies must make reasonable accomm  physical or me mental ntal limitations, limit ations, unless such accommodations accommoda tions would impose impose a hardship on on the agency's agency's functionality, as well as marketing, operations. (Gov. Code, activity funded by the sta state te must not personalization, and analytics. You ' 19230 et seq.) Also, any program or activity aat gainst with disab disabilities. ilities. (Gov. Code, ' 11135 et seq.) seq.) Other anti-discrimination anti-discrimination may change discriminate your settingsagainst any persons time or accept thestatutes default provide settings.that:  No otherwise qualified qualified person may may be denied the right to receive a teaching credential, credential, training, training, or to engage in practice teaching, on the grounds that the person is an individual with a disability. Privacy Policy (Educ. Code, '' 44337 and 44338.) $  No person may be denied state employment employment because of blindness or color color blindness, unless unless normal Marketing eyesight is absolutely absolutely necessary for the job job.. (Gov. Code, ' 19701.) Personalization $

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Discrimination based on physical handicap or medical condition against potential employees on  public works projects projects is prohibited. prohibited. (Lab. Code, ' 1735.) (Some specific exceptions exceptions to this policy policy are set forth in Gov. Code, ' 12940 et seq.)

FEDERAL This website II. stores data such asLAW cookies to enable essential site functionality, as well as A. marketing, The Americans With Disabilities Act personalization, and analytics. You The Americans With Disabilities Act (ADA) (42 U.S.C. ' 12101, et seq.) is the federal law may change your settings at any time equivalent of the FEHA. Title I of the ADA prohibits discrimination discrimination on the basis of disability by or accept the default settings. employers that employ 15 or more employees with respect to hiring and all terms and conditions of employment. (42 U.S.C. ' 12111(5)(A).) Title I does does not apply to the federal government. (42 U.S.C. ' 12111(5)(B).) Privacy Policy The discrimination prohibited by the ADA includes segregating, limiting or classifying any job Marketing applicant or employee because of a disability in a manner adversely affecting the individual's status or Personalization opportunities. (42 U.S.C. ' 12112(a) & (b).) Discrimination can can include failing to make a reasonable reasonable accommodation accommoda tion for an individual's physical or mental impairments, or using employment tests and Analytics standards that tend to screen out persons with disabilities, unless such tests or standards are shown to be  job-related or consistent wit with h business necessity. necessity. (42 U.S.C. '' 12112 and 12113.) Save Accept All The ADA prohibits discrimination or retaliation against anyone who has opposed acts or practices unlawful under the ADA, has asserted a claim under the ADA, or has assisted in the assertion of such a

claim by acting as a witness or aiding in the investigation investigation of ADA violations. (42 U.S.C. ' 12203.) 1.

Definition of Disability

The ADA protects Aqualified persons@ with a disability. disability. The definition definition of Adisability@ under the ADA includes both physical and mental impairments that substantially limit one or more of the major life activities, a record of such impairments, or being regarded as having such impairments. (42 U.S.C. ' 12102(2).) In determining whether an indiv individual idual is substantially lim limited ited in one or more major life activities, employers may consider the effect of any mitigating measures For purposes of the ADA's employment protections, employees or applicants currently engaged in the illegal use of drugs drugs are specifically ex excluded. cluded. (42 U.S.C. ' 12114.) Additionally, Additionally, the definition definition of disability does not include homosexuality and bisexuality, transvestism, transsexualism, pedophilia, exhibitionism, , voyeurism, gender identity disorders not resulting from physical impairments or other sexual This website exhibitionism stores data such as  behavior disorder disorders, s, compulsive gambling, kleptomania, kleptomania, or pyromania. pyromania. (42 U.S.C. ' 12211.) cookies to enable essential site functionality, as well as marketing, personalization, and analytics.2.You Employers Must Reasonably Accommodate Disabilities may change your settings at any time ADA prohibits covered employers from failing to provide reasonable accommodation to the or accept the default The settings. known physical or mental limitations limitations of an otherwise qualified individual, unless the employers can demonstrate that such accommodation accommodation would im impose pose an undue hardship. (42 U.S.C. ' 12112(b)(5)(A) and (B).) Privacy Policy Marketing

a.

Reasonable Accommodation

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The determination of what constitutes a "reasonable accommodation" accommodation" required by the ADA will depend on specific circumstances and might include modified work schedules, job restructuring, changes to work areas or equipment, equipment, and simila similarr adjustments. (42 U.S.C. ' 12111(9)(A) and (B).)  b. Undue Hardship This website stores data such as cookies to enable essential site Anmarketing, employer may be excused from the obligation to make an accommodation where it can be functionality, as well as demonstrated that undue hardship hardship would result to the employer's business. Where undue hardship will personalization, and analytics. You result, the accommodation accommodation is not reasonable and will not be required. "Undue hardship" is defined as any may change your settings at any time action requiring significant difficulty or expense, taking into account a number of factors, including cost, or accept the default settings. complexity and and impact on the work performed. performed. (42 U.S.C. ' 12111(10).) Privacy Policy

3.

Nondiscrimination Nondiscrimination in Recruitment and Testing

Under the ADA, a covered employer may not conduct pre-employme pre-employment nt medical or psychological Marketing examinations, nor can an employer make pre-employment inquiries regarding the existence, nature or severity of an applicant's disabilities. However, the employer may make inquiries about an applicant's Personalization ability to perform job-related dutie duties. s. (42 U.S.C ' 12112(d)(2).) Analytics Once an employer has made an offer of employment, employment, the employer may require a medical Save examination Accept Allry. Such exams or inquiries may only be required if required of all new em or inquiry. inqui employees, ployees, regardless of disability. Medical exams or inquiries inquiries which use criteria to screen out employe employees es with disabilities may only use such criteria if it can be shown that the exclusionary criteria are job-related and

consistent with business necessity. Any information resulti resulting ng from such examinations or inquirie inquiriess must be maintained in a separate confidential confidential file, but may be shared with supervisors and managers for safety or other significant job job performance reasons. reasons. (42 U.S.C. ' 12112(d)(3).) Employers may not require medical exams or make inquiries of an employee regarding the nature or severity of a disability unless it is shown to be job-related and consistent consistent with business necessity. (42 U.S.C. ' 12112(d)(4).) Employment tests that tend to screen out individuals with disabilities are prohibited by the ADA unless shown to be job-related for the position in question and justified justified by business necessity. The ADA requires that employment tests be administered in a manner that ensures a fair reflection of the skills and aptitudes actually actually needed to perform the job. (42 U.S.C. ' 12112(b)(6) & (7).) Complaint Procedures This website stores data such4.as cookies to enable essential site The ADA gives the federal Equal Employment Opportunity Commission (EEOC) the primary functionality, as well as marketing, authority to enforce the ADA=s prohibitions against discrimination in employment based upon disability or personalization, and analytics. You disaat disability. bility. Accordingly, an individual who believes believes that he or she has been the the victim of may change perceived your settings any time discrimination because of a disability can file a complaint with the EEOC for investigation. discrimination investigation. A or accept theemployment default settings. complaint must be filed with EEOC before before a private lawsuit can be filed. (42 U.S.C. ' 12117.) Privacy Policy

B.

The Federal Rehabilitation Rehabilitation Act of 1973

The Rehabilitation Act of 1973 (the AAct@) prohibits the federal government, federal contractors, Marketing and employers who receive federal financial assistance from discriminating against Aqualified disabled Personalization individuals@ in employment. employment. (29 U.S.C. ' 701 et seq.) This protection extends extends to all aspects aspects of Analytics Save

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employment, including recruitment, recruitment, hiring, promotion, benefits, social or recreational programs, termination, and any other term, condition or privilege of employment. 1.

Federal Agencies

This website stores data as The such Rehabilitation Act applies to the entire federal government and to all federal agencies in their cookies to enable essential site asmarketing, employers. Each agency of the executive employers. executive branch, including the U.S. Postal Servic Service, e, must have functionality, capacity as affirmative well as an action plan for the recruitment, hiring, placeme placement, nt, and advancement of individuals with personalization, and analytics. Youmust include a descript disabilities. The plan description ion of the way special needs of persons with disabilities are may change being your settings at any time met. or accept the default settings.

a. Privacy Policy

Prohibitions

Under the Rehabilitation Act, discrimination against a "qualified individual with a handicap" who is a federal employee or an applicant for a federal job job is prohibited. (29 C.F.R. ' 1614.101.) Federal Marketing employees who are hired under an "excepted service" program, that is, certified by a vocational rehabilitation rehabilitati on counselor, are also protected, and must be given the same equal employment rights as other Personalization federal employees. Analytics  b. Federal Employer Employer Responsibilities Responsibilities Save Accept All Federal agencies must make reasonable accommodations for a known limitation of an otherwise qualified applicant or employee with a disability, unless the agency can demonstrate that the

accommodations would impose an undue hardship. Reasonable accommodations accommodations accommodations include, but are not limited to, making facilities accessible, restructuring jobs, changing work schedules, acquiring equipment or devices, changing exams exams and providing readers and interpreter interpreters. s. In determining whet whether her accommodations accommoda tions would impose an undue hardship on the operation of an agency, factors to be considered include the overall size of the agency's program, the number and type of facilities, the size of the budget, and the nature and the cost of the accommodations. accommodations. (29 C.F.R. '' 1614.102(a)(8) and 1614.203(b).) An agency may not use employment tests or other ways of selecting employees which tend to screen out qualified individuals with disabilities, disabilities, unless the agency can prove that the test score or selection  process is related related to the spec specific ific job in question and that that other testing testing or selection selection methods are are unavailable. unavailable. The employment test must reflect an applicant's or employee's ability to perform the functions of the job, rather than focusing on an individual's disability, unless the disability is directly related to the skills being measured for the job. (29 C.F.R. ' 1614.203(b).) Agencies may not ask whether a job applicant applicant is disabled or inquire about the nature and severity This website stores data such as of the disability. An agency may ask whether an applicant is able to meet, meet, with or without cookies to enable essential site functionality, as well as marketing, personalization, and analytics. You may change your settings at any time or accept the default settings.

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reasonable accommodations, accommodations, the qualificatio qualifications ns and responsibilities of the position. A pre-employment medical exam may be required only if all new employees are required to take such an exam and the exam results are not used to discriminate discriminate unlaw unlawfully. fully. (29 C.F.R. ' 1614.203(b).) An agency may ask an applicant to volunteer information information about his or her disability if it is made This website clear stores data such as that the information will only be used to monitor the effectiveness of the agency's affirmative action cookies to enable essential site It must be clear clear that the information is requested on a voluntary basis and that information information functionality, programs. as well as marketing, obtained will be kept confidential. confidential. However, such information can can be provided to managers and other personalization, and analytics. You  personnel, where appropriate, to inform them that the individual individual is eligible eligible for affirmative affirmative action. action. The may change information your settingsmay at any alsotime be provided to government officials investigati investigating ng agency compliance with equal or accept theemployment default settings. opportunity laws. laws. (29 C.F.R. ' 1614.203(e).) Privacy Policy

c.

Complaint Procedure for Discriminatio Discrimination n by Federal Agencies

If you are an employee of a federal agency and you believe that you have been discriminated Marketing against in employment because of a physical or mental disability, you may file a complaint with the EEOC or you may file a lawsuit in federal court. However, you must pursue the administra administrative tive remedies availa available ble Personalization through your agency before filing a lawsuit or lodging lodging a complaint with the EEOC. You must bring the Analytics matter to the attention of the Equal Opportunity Counselor employed by your agency within a specified time period. If the matter is not resolved to your satisfaction, satisfaction, you may then appeal appeal to the EEOC. (29 within 90 days of your Save C.F.R. ' 1614.401.) Accept AllYou also have the option to file a lawsuit, which may be filed within agency's final action or 180 days after the filing filing of the complaint, if there has been no decision. (29 C.F.R. ' 1614.407.) A lawsuit may also be filed if you are not satisfied with a decision of the EEOC.

2.

Federal Contractors

All government contractors and subcontractors with contracts of $10,000 or more must take 1/ affirmative action in hiring and promoting otherwise qualified individuals with disabilities.  The Office of Federal Contract Compliance Programs (OFCCP) of the Department of Labor has developed regulations for complying with this law, located in Section 503 of the Rehabilitation Act. (29 U.S.C. ' 793; 41 C.F.R. ' 60-741 et seq.) Contractors may conduct a medical exam prior to employment, provided that the exam is given after an offer of employment is made, all entering employees in the same job class are subjected to the exam, and the results are not used to discriminate discriminate unlawfully. The results of such exams must be kept confidential, except that safety supervisors and managers may ed be if informed of work restrictions on the disability. First aid and personnel may be informed inform the condition might require based em emergency ergency treatment, and government officials investigating the contractor's compliance with the Rehabilitation Act This website stores data such as may be informed. (41 C.F.R. ' 60-741.23.) cookies to enable essential site functionality, as well as marketing, Contractors must make reasonable accommodations for an applicant or employee with a disability, personalization, and analytics. You unless accommodation would impose an undue hardship on the contractor's business. may change your settings at any time (41 C.F.R. ' 60-741.44(d).) or accept the default settings. a. Complaint Procedure for Discriminati Discrimination on by Federal Contractors Privacy Policy Marketing1. But see Adarand Constructors, Constructors, Inc. v. Pena (1995) 515 U.S. 200, declaring that all racial

classifications in the awarding of contracts are subject to strict scrutiny.

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If you believe that you have been discriminated against by a government contractor, you may file a formal complaint complaint with the U.S. Department of Labor. The complaint must be filed with the Dire Director ctor of the OFCCP within 300 days of the occurrence of the alleged violation. violation. This time limit may be extended extended for good cause. cause. (41 C.F.R. ' 60-741.61(b).) This website stores data such3.as Recipients of Federal Funds cookies to enable essential site functionality, as well as marketing, The Rehabilitation Act is also designed to eliminate discrimination on the basis of disability in personalization, and analytics. Youwhich  programs or activities activities which receive fed federal eral financial financial assistance. (29 U.S.C. ' 794.) may change your settings at any time or accept the default settings. a. Protections

 No "otherwise qualified" qualified" individual individual with a disability can, can, solely by reason reason of his or her her disability, Privacy Policy  be: 1) excluded from participation in, 2) be denied denied the benefits benefits of, or 3) 3) be subjected to discrimination discrimination under any program or activity receiving receiving federal money or admini administered stered by a federal agency. An "otherwise Marketing qualified" individual individual with a disability is one who meets a program's requirements in spite of his or her disability. However, a program may have to just justify ify its requirements by showing that they are valid and Personalization necessary. (29 U.S.C. ' 794; 28 C.F.R. ' 41.32.) Analytics  b. Responsibilities Responsibilities of Employers Who Receive Federal Funds Save

Accept All Recipients of federal financial assistance may not discriminate on the basis of disability in any area of employment, including recruitment, hiring, promotion, promotion, rate of pay, job assignment, or any terms, conditions or privileges of employment. Employers must make reasonable accom accommodations modations for employees'

and job applicants' disabilities. An employer may not conduct a pre-employment medical exam unless it is required of all applicants and the results are not used to discriminate. discriminate. Except as described below below,, the employer may not ask whether an applicant is disabled or inquire inquire about the nature and severity of the disability disability.. The employer may ask whether an individual is able to perform job-related functions. The employer may ask about disabilities not related to job performance only for affirmative action or other legitimate purposes. purposes. There must be a clear statement statement explaining that providing providing the information is voluntary, that the information will be kept confidential confidential,, and that there is no penalty for withholding information. The employer may give such inform information ation to supervisors and managers, first aid and safety  personnel, and government officials officials investigating investigating compliance compliance with the Act. A recipient of federal funds may not use criteria which tend to screen out individuals with This website disabilities, stores data unless such as the criteria are job-related and alternative criteria or testing methods are unavailable. cookies to enable essential site functionality, as well as marketing, c. Complaint Procedures for Discrimination Discrimination by Recipients of Federal Funds personalization, and analytics. You may change your settings at any time or accept the default If settings. a funding recipient violates the law, the agency which provided the funds may enforce compliance by terminating federal funding to the program or activity affected or by any other legally authorized means. If you believe that you have experien experienced ced discrimination, discrimination, you generally must file a Privacy Policy written complaint within 180 days from the date of the alleged discrimination with the agency that provides funds for the particular employer. employer. If the agency finds that the recipien recipientt did not violate the provisions of the Marketing Act, then you may appeal to federal court. court. In most cases, you can also go directly to federal court and  bypass the entire entire administra administrative tive process. Personalization Analytics

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This website stores data such as cookies to enable essential site functionality, as well as marketing, personalization, and analytics. You may change your settings at any time or accept the default settings.

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CHAPTER 2 HOUSING

I. HOUSING DISCRIMINATION This website stores data such as cookies to enable essential site LAW functionality, STATE as well as marketing, Individuals with physical and mental disabilities disabilities have the right under state law to rent, lease, or buy personalization, and analytics. You housing accommod accommodations ations free from discrimination discriminat ion due to a disability. (See Chapter 1 for definitions of may change your settings at any time Civ. Code, '' 51, 54, subd.(b), and 54.1; Gov. Code, '' 12926, subds. (i) and (k), 12955 and or accept thedisability; default settings. 12955.3.) A person renting, leasing or providing real property for compensation must use the same criteria Privacy Policy for selection of disabled and non-disabled non-disabled individuals. An "owner" includes anyone who rents or sells Marketing housing, including another renter with a lease, a real estate agent or broker, a salesperson, or a state or local government agency. (Gov. Code, ' 12927, subd. (e); Civ. Code, ' 54.1.) The FEHA also prohibits prohibits Personalization disability discrimination discrimination by financial institutions and persons making, printing or publishing advertisements. advertisement s. (Gov. Code, ' 12955, subds. (c) and (e).) Analytics Save

It is illegal to refuse to sell, rent, or lease housing to an individual because the person has a Accept All disability, or to assert that housing is not available available when it actually is available. All housing accommodations accommoda tions are covered under state law, except, under certain circumstances, those in which only one room is rented in a single single family residence. residence. (Civ. Code, ' 54.1; Gov. Code, ' 12927,

subd. (c)(2)(A).) Equal access to housing for individuals with disabilities includes the right of a person with a visual impairment to keep a guide dog, a person with a hearing impairment impairment to keep a signal dog, or any other  person with a disability disability to keep a service dog, even if pets are not ordinarily allowed allowed in the residence. residence. (Civ. Code, ' 54.1, subd. (b)(6)(A).) Tenants can be held liable for damages damages to real and personal property caused  by guide dogs, signal dogs or service dogs. (Civ. Code, '' 54.1, subd. (b)(6)(B) and 54.2.) Any person who rents, leases or otherwise provides real property property to persons with disabilities may not deny them the right to make reasonable modifications at their expense to accommodate their disabilities disabilities if they agree to restore the premises to its pre-existing conditions. conditions. (Civ. Code, ' 54.1, subd. (b)(3)(A).) An owner may not discriminate aga against inst an individual with a disability who is depende dependent nt on a spouse's income if the is included on s. the(Civ. rentalCode, agreement meet the owner's credit andspouse financial financial requirements. requirement ' 54.1,or lease, but together a couple must subd. (b)(7).) This website stores data such as cookies to enable essential sitediscriminated against on the grounds of disability pursuant to Civil Code section 54.1 can A person functionality, ask as well as marketing, the local district attorney, city attorney, the Department of Rehabilitation acting through the Attorney personalization, and analytics. You General to bring an action to enjoin the violation, or to seek other remedies, or he General, or the Attorney may change or your at any timee legal action. shesettings may bring a private privat action. (Civ. Code, '' 55 and 55.1.) or accept the default settings. A person can file a complaint with DFEH for a violation of the FEHA within one year from the date upon which the discrimination discrimination occurred or can file a suit on his or her own behalf. (Gov. Code, '' Privacy Policy 12980 and 12989.1.) Marketing Personalization Analytics Save

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FEDERAL LAW The federal Fair Housing Amendments Act of 1988 (42 U.S.C. ' 3601 et seq.) requires a landlord to permit housing accommodations to be made accessible to individuals with disabilities at the expense of the renter with a disability if the renter agrees to pay reasonable costs of restoring the premises to its condition after the renter leaves and if such modification is necessary to afford the renter full This website original stores data such as cookies to enable essential site enjoyment of theand premise premises. However, an owner may requireofthe rente renter a disability payasing for or wear tear s. of the premises. premises. Renting fornot purposes this Actr with includes leasing,tosuble subleasing functionality, reasonable as well as marketing, otherwise grantingYou for consideration consideration the right to occupy premises not owned by the occupant occupant.. (42 U.S.C. ' personalization, and analytics. There is antime exemption in the Act for certain single single-family -family houses and certain rooms rooms or units in may change 3602(e).) your settings at any (42 U.S.C. ' 3603.) Furthermore, the Act requires requires that all new rental housing, read ready y for or accept thefourplexes. default settings. occupancy 30 months after September 13, 1988, be designed and constructed so as to be accessible to individuals with disabilities. disabilities. New rental housing covered by this section of the Act includes includes only buildings consisting of four or more units if such buildings have one or more elevators; and ground floor units in Privacy Policy other buildings consisting consisting of four or more units. (42 U.S.C. ' 3604(f)(7)(A) and (B).) Marketing If you believe that you have experienced discrimination in housing, you may either file a lawsuit or Personalization you may file a complaint with HUD, not later than one year after the discriminatory act has occurred and HUD remedies on your behalf. (42 U.S.C. '' 3610 and 3612.) Analytics may pursue legal remedies Save

II.

HOUSING PROGRAMS Accept All

Both the federal government and the State of California recognize that there is a shortage of suitable housing and have set national national and state goals to provide decent housing for all. Funds are provided

to nonprofit agencies to build low income income housing. Eligible individuals individuals with disabilities and their families families may apply for housing constructed through these these projects. The federal and state housing programs programs are discussed below. A.

Federal Housing Programs

Under federal law, a "disabled household" is defined as one or more persons, at least one of whom is an adult (18 years of age) who has a disability, or the surviving member or members of any such household who were living with the deceased deceased member at the time of death. A "person with a disability" is a  person who has a physical, physical, mental, mental, or emotional emotional impairment impairment which is expected to to be of long-continued long-continued and indefinite duration, substantially substantially impedes his or her ability to live independently and is of a nature that such ability could be improved byamore suitable suitable housing conditions. A person shall also be considered to have a disability if such person has person developm developmental ental disability. (42 U.S.C. ' 8013(k)(2); 24 C.F.R. ' 891.305.) Note that federally financed financed residences must also mee meett access This website requirements. stores data such (24as C.F.R. ' 891.500 et seq.) Families which qualify qualify may receive rent supplement supplement cookies to enable essential site  payments. (24 C.F.R. ' 891.610.) Income levels for determining determining eligibility are set by HUD. functionality, (24 as well as marketing, C.F.R. ' 891.750.) Contact HUD to determ determine ine if you may qualify. qualify. personalization, and analytics. You may change your settings time Housing Programs B. at any California or accept the default settings. California has implemented several housing programs to further the goals of its housing policy. Individuals and families families that qualify are eligible to rent or buy housing finan financed ced by state or federal funds. Privacy Policy Under California law, a "handicapped family" is defined as one in which an individual or the head of a household is suffering from an orthopedic disability which impairs his or her mobility or a physical Marketing disability which affects his or her ability to obtain obtain employment. Also included are individuals individuals or heads of Personalization Analytics Save

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families with developmental developmental disabilities or mental disorders. To be eligible, an individual with a disability  must also require special facilities facilities or care in the home. (Health and Saf. Code, ' 50072.) Shared housing arrangements arrangements in which at least one person is disabled or elderly are supported by  housing payment assistance. assistance. (Health and Saf. Co Code, de, ' 19902 et seq.) $ suchElderly individuals or individuals with disabilities must be allocated not less than 20 This website stores data as cookies to enable essential site  percent nor more mProgram. ore than percentand of Saf. the units constructed construct edsubd. under(a).) the Rental Housing Construction Prog ram.30 (Health Code, ' 50736, functionality, as well as marketing, personalization, and analytics. You $ As atime part of the de-institutionalization de-institutionalization process for individuals with disabilities, the state may change your settings at any will provide housing assistance payments during the transition period from an institution or accept the default settings. to an independent setting. setting. Individuals with physical physical or mental disabilities are qual qualified ified for assistance if they are eligible for rehabilitation, educati educational, onal, or social services from a '  public agenc agency. y. (Health and Saf. Code,  50680 et seq.) Privacy Policy

Funds for housing programs are provided by federal, state, and and local agencies. These agencies will Marketing take into account your current income income in determining your eligi eligibility bility for these programs. These financing Personalization  programs have been been designed to meet the the needs of low and moderat moderatee income individuals and families. Contact HUD, the California Department of Housing and Community Development, the California Analytics Housing and Infrastructure Finance Agency and your local housing authority for information about housing  programs in your your area. Save Accept All

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CHAPTER 3  NONDISCRIMINATION IN BUSINESSES AND SERVICES 

  NONDISCRIMINATION IN PUBLIC PUBLIC ACCOMMODATIONS, T TRANSPORTATION RANSPORTATION This website I.stores data such as cookies to enable essential site AND BUSINESS ESTABLISHMENTS CARRIERS ESTABLISHMENTS functionality, as well as marketing, A. California Access Law personalization, and analytics. You may change your settings at any time California law, persons with disabilities are entitled to full and equal access to places of or accept the default Under settings. accommodation, accommoda tion, transportation carriers, lodging places, recreation and amusement facilities, and other  business establishments establishments where the general public public is invited. This rule applies applies to medical medical facilities, facilities, including hospitals, clinics clinics and physicians' offices. Persons with both physical and mental disa disabilities bilities are Privacy Policy  protected. (Civ. Code, ' 54.1.) A person with a disability disability or a trainer of guide guide,, signal or service dogs has has the right to be accompanied by a guide dog, signal dog, or service dog without being required to pay an Marketing extra charge or to leave a security deposit, although if with a trainer, the dog must be on a leash and tagged Personalization as a guide, signal or service service dog. (Civ. Code, '' 54.1, subd. (b)(6)(A), and 54.2; Food & Agr. Code, '' 30850 and 30852.) However, such persons can be liable for any provable damage damage done to the premises or Analytics facility by the dog. (Civ. Code, Code, '' 54.1, subd. (c), and 54.2, subds. (a) and (b).) Under this nondiscriminat nondiscrimination ion law, an establishment establishment is not required to make structural Save Accept All  Marsh v. Edwards modifications in order to facilitate facilitate access by persons with physical disabil disabilities. ities. ( Marsh Theatres Circuit, Inc. (1976) 64 Cal.App3d 881.) 881.) However, other law lawss which mandate struct structural ural modification may may apply to these establishments. establishments. (See Chapter 4 for an in-depth discussion of access under

the Americans with Disabilities Act (ADA) (42 U.S.C. ' 12101 et seq.).) Civil Code section 54.7 authorizes zoos and wild animal parks to prohibit guide, signal or service dogs from accompanying persons with disabilities in areas where patrons of the park are not separated from zoo or park animals by physical barriers. However, any mode of transportation transportation provided to the general  public must be offered free to persons with visual-impairm visual-impairments ents who would otherwise otherwise use a guide dog or  persons in wheelchairs wheelchairs who would otherwise use a service dog. If you believe that your right of admittance to or enjoyment of one of these facilities has been violated, you may may file a lawsuit. (Civ. Code, ' 54.3) The Attorney General, General, a city attorney, attorney, a district attorney, or the Department Department of Rehabilitation act acting ing through the Attorney General ma may y also file suit. (Civ. '

Code, The DFEH hasCode, jurisdiction to handle a compla complaint int for violation of Civil Code sections ' 12948.) 51, 51.5, 55.1.) 54, 54.1 and 54.2 54.2..also (Gov. It is such a misdemeanor to interfere with the right of a person with a disability to be accompanied by a This website stores data as guideessential dog, signal dog or service dog in public conveyances conveyances or accommodations. accommodations. (Pen. Code, cookies to enable site '  365.5.) It is a misdemeanor to intentional intentionally ly interfere with the use of a guide dog by harassment or functionality, as well as marketing, obstruction. (Pen. You Code, ' 365.6.) It is also a misdemeanor to knowingly or fraudulen fraudulently tly represent yourself personalization, and analytics. be settings the owner traine trainer service vice dog. (Pen. Code, ' 365.7.) It is an infraction infraction for any any may change to your at or any timer of a guide, signal or ser permit a dog owned, permit owned, harbored or controlled by him or her to to cause injury or death to any any guide, or accept the person defaulttosettings. signal or service dog performing performing its dutie duties. s. (Pen. Code, ' 600.2.) Privacy Policy Marketing Personalization Analytics Save

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3. 

California Access Regulations

In addition to the general state access statutes discussed above, California regulations provide a comprehensive set of requirements covering almost all important areas of accessibility for persons with physical and sensory disabilities. disabilities. California's regulations regulations are found in the 2001 California Building Code, Title 24, Part 2, Volume 1, Chapter 11A, B and C (and parts of Chapter 10.) They are designed designed to comply with the requirements requirements of the ADA. A copy of of the relevant

This website stores data such as cookies to enable essential site portion ofor themay California Building be acquired theBuilding Division Code. of the State Architect be found in yourCode local may law library libra ry in thethrough California In addition, functionality, as well as marketing, your and city analytics. or countyYou building department should have a copy available, and helpful guides may also personalization, beyour purchased may change settings from at anyprivate time publishers. Tax deductions are available for individuals who repair or remodel or accept the default buildings settings. or vehicles in order to increase access for persons with disabilities, as long as

they comply with state or federal access standards. Deductions shall not exceed $15,000 for any taxable year and may also cover emergency egress/safe area refuge systems in compliance with state

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or federal regulations. (Rev. and Tax Code,

24383.)

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These regulations, some of which are discussed below, set specific accessibility requirements which apply to buildings and facilities covered covered by the access statutes. Exceptions may be granted Personalization from some of the requirements, but only if compliance compliance would pose an unreasonable hardship. Even Analytics when unreasonable hardship is demonstrated, some form of "equivalent facilitation" must usually be provided to make the facility usable by persons with disabilities.

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In addition to the regulations, California has enacted specific statutes directed at providing access to various types of facilities. facilities. For example, stadiums, public parks and and gas stations are all

addressed by specific laws. a. 

Restrooms, Drinking Fountains and Public Telephones Must Be Accessible

Buildings open to the public must have signs posted which indicate the location of restroom facilities accessible to persons persons with disabilities. Signs on restroom doors must be in the shape of a circle for women's restrooms, a triangle for men's restrooms, and a triangle interposed upon a circle for unisex restrooms. restrooms. (2001 California Building Code, hereafter ACBC,  1115B.5; see also 1115B.1-1115B.9 for additional accessibility accessibility requirements involving water clos closets, ets, urinals, lavatories, showers, bathtubs, drinking fountains and sinks.) Toilet facilities must have have sufficiently wide doorways a and nd must have grab bars. Restroom components, suchas as waste paper baskets and sinks, sinks, must be accessible. Where bathing facilities This website stores data such are provided forsite the public, clients, or employees, at least one such facility (and not less than one cookies to enable essential percent facilities) must be accessible. accessible. A certain number of lockers must also also be accessible. functionality, as wellof asall marketing, personalization, You (CBCand analytics. 1115B.4.1, 1115B.6, 1115B.7, 1115B.8, and 1115B.9.) may change your settings at any time or accept the defaultAtsettings. least half but not less than one of the water fountains must be accessible and must be

placed so that they do not pose a danger to persons with with visual visual impairments. impairments. (CBC 1117B.1.2.) In new construction, where only one drinking fountain is provided on a floor, it shall have faucet Privacy Policy controls and operating mechanisms which are operable with one hand, and shall not require tight grasping, pinching or twisting twisting of the wris wrist. t. The force to activate iitt shall be no more more than 5lbf. SelfMarketing

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closing valves are allowed allowed if the faucet remains open for at least least 10 seconds. (CBC 1115B.2.1.2.1.) The drinking fountain should also be accessible to those who have difficulty bending or stooping. This can be accomplished by the use of Ahi-low  fountains. (CBC 1117B.1.1.) On floors where public telephones are provided, provided, at least one must be accessible. On any floor where two or more banks of multiple telephones are provided, at least one in each bank shall be accessible. At least 25% of public telephones provided, provided, but always at least one in each bank of

This website stores data such as cookies to enable essential site telephones, shall be equipped a volume control is hearing-aid compatible which signed. Text telephones must with be also provided underwhich certain circumstances. (CBC and 1117B.2 etis functionality, as well as marketing, seq.  )) and analytics. You personalization, may change your settings at any time b. Entrances and Paths of Travel Must Be Accessible or accept the default settings.

All primary and exterior ground-floor exit doors to buildings and facilities shall be made Privacy Policy

accessible to individuals with disabilities. (CBC 1133B.1.1.1.1.) Both doors of double doors designated as a public entrance must be kept unlocked during normal normal business hours. (Health & Marketing Saf. Code, 13011.) Personalization

Paths of travel must be accessible. (CBC

1102B (definition of accessibility); 1114B.1.2,

Analytics and 1127B.1.) There are also accessibility requirements requirements for doors; corridors, hallwa hallways ys and exterior

exit balconies; ramps; wheel guides; aisles; walks walks and sidewalks; and detectable warnings (C (CBC BC

Save1133B.2, 1133B.3, Accept All 1133B.4, 1133B.4, 1133B.5, 1133B.5, 1133B.6, 1133B.6, 1133B.7, 1133B.7, and 1133B.8; and Gov. Gov. Code,

c. 

4460.)

Stadiums, Grandstands, Sports Facilities, Auditoriums, Theaters,

 

and Related Entertainment Facilities Must Be Accessible

Any entertainment facility approved for construction after January 1, 1985, must provide seating or accommodations for persons with disabilities in a variety of locations to allow for a range of admission prices, to the extent that this variety can be provided p rovided while meeting fire and public safety requirements of the State Fire Marshall. Marshall. Both private and public entertainment centers are covered by this law, including theaters, concert halls, halls, and stadiums. No lesser standard of accessibility or usability shall be applied than under the ADA. ADA. (Health & Saf. Code, 19952.) A district attorney, city attorney, the Department of Rehabilitation acting through the Attorney General, or the California Attorney General can bring an action to correct a violation of this section. In addition, if you believe that you have been denied access required by this llaw, aw, you can bring an action in court. (Health & Saf. Code, 19953 and 19954.) This website stores data such as In stadiums cookies to enable essential site and other sports facilities, the customer side of ticket booths, the participation areas, clubrooms and locker rooms must satisfy accessibility requirements, with certain exceptions functionality, as well as marketing, for hardships. (CBC personalization, and analytics. You 1104B.4.2, 1104B.4.3, 1104B.4.4, and 1104B.4.5.) may change your settings at any time or accept the defaultInsettings. auditoriums and theaters, seating and toilet facilities for persons with disabilities must be

accessible from the lobby lobby or from a primary primary entrance. (See CBC Privacy Policy

1104B.3.1 and 1104B.3.2.) 1104B.3.2.)

Seating spaces must be available for both individuals who use wheelchairs and individuals who are semi-ambulant. (CBC 1104B.3.4 through 1104B.3.8.) All such seating must comply with

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fire and public safety requirements. (CBC 1104B.3.9.) Assistive listening systems must be installed in stadiums, theaters, auditoriums, lecture halls and similar areas when these areas have fixed seats and where audible communications communications are integral to the use of the space. (CBC 1104B.2.) Stages and orchestra pits must be accessible to persons with physical disabilities, and ticket booths and refreshment stands must be accessible accessible on both the customer and employee sides sides.. (CBC

This website stores data such as cookies to enable essential site 1104B.3.10-12.) functionality, as well as marketing, d. Curbs and Sidewalks Must Be Accessible personalization, and analytics. You may change your settings at any time curb or sidewalk intended for public use that is constructed with public or private or accept the defaultAny settings.

funds must be accessible, accessible, regardless regardless of where it is located. located. (Health & Saf. Code, 19956.5; Gov. Gov. Code, 4450; 57 Ops.Cal.Atty.Gen. Ops.Cal.Atty.Gen. 186 (1974).) The curb or sidewalk sidewalk must be easily accessible by

Privacy Policy means of ramps or other devices.  To ensure that the ramp is easily accessible, accessible, no one may park

within three feet of any sidewalk access ramp which is next to a crosswalk and is designated by 22522.)

Marketing either a sign or by red paint. (Veh. Code, Personalization

A major concern for individuals with disabilities who use wheelchairs is the availability of

Analytics curb ramps. Alterations to the curb, sidewalk, or street street require the removal of barriers or the

construction of ramps or other devices to aid accessibility. accessibility. If the government, or a private entity, Savebuilds a new Accept streetAll or sidewalk, then it must be made accessible to individuals with disabilities if it

is to be used by the public. Whenever a local government resur resurfaces faces a street, the government has made an alteration and is therefore required to alter the curb to provide ramps or slopes at the

intersections if they do not already exist. e.

Historical Buildings

Historical buildings may be subject to case-by-case review when alterations are planned, rather than a strict application of standard access regulations. regulations. Alternative building regulations regulations have been developed for use when an historical building building is restored or relocated. (Health & Saf. Code, 18950 et seq.; See CBC Appendix Chapter Chapter 11, Division II, section 1114.) f.

Gas Stations

Gas stations must provide persons with disabilities with refueling service at the self-service price, unless only one employee is on duty or only two employees are on duty, one of whom is assigned exclusively preparation of food. Individuals must display a disabled disabled plate or This website stores data such as to the preparation placard from the Department of Motor Vehicles Vehicles in order to receive this benefit. In addition to cookies to enable essential site other remedies available, a gas station owner or employee who disregards this law commits an functionality, as well as marketing, infraction and mayYou be fined. Gas stations must post signs iindicating ndicating whether or not they provide personalization, and analytics. may change your settings at any time fueling services for of persons with disabilities. disabilities. These signs shall include toll-free toll-free numbers maintained bydefault the Department Rehabilitation for the purpose of seeking information about enforcement of or accept the settings.

the laws. Card readers at gasoline gasoline fuel dispensing dispensing facilities are also required to be accessible. (See CBC 1101C et seq. )  ) Local law enforcement agencies are authorized to investigate violations, Privacy Policy upon the verified complaint of an individual or public agency, and to levy the above-mentioned fines. An individual with a disability disability or public agency may file a complaint with the Ca California lifornia Marketing

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Attorney General, a district attorney, or a city attorney, who may bring an action to correct a violation. (Bus. & Prof. Code, 13660.) g.

Outdoor Recreation, Parks and Recreational Facilities

California's policy is to increase accessibility to the state's scenic, natural, historic, and cultural resources. The policy includes, but is not limited to, walki walking ng trails, bikeways, horseback

This website stores data such as cookies to enable site riding trails, public roads,5070.5.) boat docks, picnic areas, cross-country ski trails, and heritage corridors. (Pub. essential Resources Code, functionality, as well as marketing, personalization, and analytics. You Access regulations require that campsites, beaches, picnic areas, boat docks and fishing may change your settings at any time piers, parking lots, highway rest areas and portions of trails and paths be usable by persons with or accept the default settings.

disabilities. Nature and educational trails must must be made accessible to persons with vis vision ion impairments by the provision of rope guidelines, raised Arabic numerals or symbols, and accessible

Privacy Policy information and guide signs. Where the natural environment would be materially materially damaged by

compliance with these regulations, such areas will be subject to the regulations only to the extent Marketing that such damage will not occur. If permanent facilities are provided, then at least least one kind of permanent functional area or facility, as applicable, shall be accessible to persons with disabilities, Personalization including a sanitary facility for each sex; at least one picnic table and one table for each 20 tables, or fraction thereof provided; information and display areas; drinking fountains; at least one Analytics parking space; and curb ramps at pedestrian ways, ways, where appropriate. Automobile access and

Saveaccessible path Accept All of travel shall not be provided if compliance would create an unreasonable

hardship. (CBC

1132B.)

Individuals with disabilities who receive state aid may be eligible for a Golden Bear Pass allowing free day use access to most state parks for the individuals with disabilities and his or her spouse. The pass is is available from the Department Department of Parks and Recreation. (Pub. Resources Code, 5011.) At least a portion of playground equipment purchased by public agencies operating playgrounds as of January 1, 1979, shall be accessible and usable to all persons, regardless of physical condition, whenever equipment is available at a comparable cost and quality to standard equipment. (Pub. Resources Code, 5411.) h.

Signs and Identification

The International Symbol of Accessibility must be displayed at accessible building entrances and in the lobbies of buildings which have been remodeled to provide accessible sanitary This website stores data such as facilities. (CBCsite1117B.5.1.) cookies to enable essential functionality, as well as marketing, Clear Floor or Ground Space personalization, and analytics. You i. may change your settings at any time for the clear movement and maneuvering of wheelchai wheelchairs. rs. (CBC or accept the defaultBuilding settings.design must allow for

1118B.) Objects protruding from walls (for example, example, telephones) may not obstruct the movement of wheelchairs. Building design must also take into into consideration the needs of individuals wi with th Privacy Policy vision impairments. This helps ensure that an individual with a vis visual ual impairment will avoid hazards undetectable by standard cane technique. (CBC 1133B.8.6.) Marketing

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Dining, Banquet and Bar Facilities

Wheelchair access must be provided in dining, dining, banquet and bar facilities. Access must be provided to all areas where each type of functional activity activity occurs. There must be a certain number of wheelchair seating spaces. Food service aisles, tabl tableware eware areas, restrooms and food preparati preparation on areas must also be accessible. (CBC 1104B.5;  People ex rel. Deukmejian Deukmejian v. CHE, Inc. (1983) 150

This website stores data such as cookies to enable essential site Cal.App.3d 123.) functionality, as well as marketing, k. Religious Facilities personalization, and analytics. You may change your settings at any time The sanctuary areas, raised platforms, choir rooms, choir lofts, performing areas, assembly or accept the default settings.

areas, classrooms and offices and sanitary facilities of religious facilities must be accessible and must provide wheelchair seating spaces. Hardship exceptions can be granted. (CBC 1104B.6.)

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Office Buildings and Personal and Public Service Facilities

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Facilities covered by these regulations include all those used by the public as customers, clients, or visitors, or facilities facilities which may be places of employment. employment. Included are all types of business and professional offices, including insurance, real estate and attorneys' offices, all types of Analytics sales establishments, and all personal and public service facilities, including banks, laundromats, Personalization

Savehospitals, police Accept All stations, courtrooms, fire stations, automated teller machines, point of sale

machines, and vending machines. (CBC 1105B et seq.; 1109B et seq.; 1110B et seq; 1117B.7 et seq.; and 1126B ; Donald v. Sacramento Valley Bank (1989) 209 Cal.App.3d 1183.)

In business and professional offices, areas to be made accessible include client and visitor areas, toilet facilities, conference rooms, and employee work areas. (CBC 1105B and 1105B.3.) In sales establishments, sales and display areas must be accessible, as well as employee work areas and some check-out stations. Where fitting or dressing rooms are are provided, at least one must be accessible. (CBC 1110B.1.7.) Finally, with certain exceptions, client and visitor areas and employee work areas must be accessible accessible in personal and public service faci facilities. lities. Factories and warehouses must also comply with broad accessibility requirements. (CBC 1105.4.4. et seq., 1107B et seq., and 1110B.) m.

Educational and Library Facilities

In educational facilities, laboratory rooms must provide a certain number of work stations usable by students with physical disabilities, and a certain percentage of study carrels and teaching This website stores data such as facility cubicles must be accessible. accessible. General use areas in libraries must must be accessible, and open cookies to enable essential site book stacks stacks must allow allow wheelchair access to the aisle. (CBC 1106B et seq.) functionality, as well as marketing, personalization, and analytics. You n. may change your settings at any time or accept the default settings.

Hotels, Motels, and Publicly-Funded Living Accommodations

A certain number of guest rooms in private lodging facilities must be accessible, including sanitary facilities. Public rooms and recreational faci facilities lities in private lodging must a also lso comply with certain accessibility requirements. requirements. Some publicly-funded living a accommodations ccommodations must meet Privacy Policy Marketing Personalization

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accessibility requirements although arguably they must be publicly-funded and open to the general public. (CBC 1111B et seq. ;  ; Berkeley Center for Independent Living Living v. Coyle (1996) 42 Cal.App.4th 874.) n.

Courtrooms

Individuals with hearing impairments are entitled to the use of assistive listening systems or This website stores data such as computer-aided transcription equipmentor topublic assist their participation in any civil or courtat cookies to enable essential site proceeding, alternate dispute resolution agency administrative hearing, if criminal they provide functionality, as well marketing, least fiveas days' notice. Each county is required to have at least one portable listening listening device for use personalization, and analytics. You by the courts. Signs must be posted indicating how to request request these systems. In any civil or may change your settings at any time criminal proceeding where an individual with a hearing impairment is a participant, the court or accept the default settings. proceeding shall not be allowed to commence until the requested listening assistance equipment has

been provided. In addition, jury boxes, judges' judges' benches, witness stands, stands, counsel tables, public public Privacy Policy seating areas, jury rooms and other court facilities must be made accessible in all new or remodeled

facilities. No lesser standard of accessibility accessibility or usability shall be applied applied than is applicable under the ADA. (CBC 1105B.3.5; and Civ. Code 54.8.) Marketing Personalization An individual who is deaf or hearing impaired and cannot participate in court,

administrative or alternative dispute resolution proceedings through the use of an assistive listening Analytics system or computer-aided transcription equipment is entitled to a free qualified interpreter to

Saveinterpret the Accept All proceedings in a language understood by the individual. individual. A free intermediary

interpreter will be appointed if the appointed interpreter is not familiar with the use of particular signs or sign language used by the individual. individual. The proceeding cannot commence until the

interpreter is present. Individuals with hearing impairments impairments are also entitled entitled to interpreters when they are are interviewed interviewed in in a criminal or quasi-criminal quasi-criminal investigation or proceeding. proceeding. (Evid. Code, Code, 750 et seq.) o.

Elevators

Elevators must be designed so as to accommodate accommodate wheelchairs. Elevators must stop within one-half inch of the building floor level, and elevator floor buttons must be within reach of a wheelchair user. Passenger elevators elevators must be located near a major path of travel. All new elevators must have braille and raised arabic numbers next to the buttons designating each floor. Existing elevators must also satisfy this requirement, unless an unreasonable hardship would result. The number of the floor must appear both in braille and in raised arabic numbers on the outside of the elevator door. (CBC 1116B et seq.; Gov. Code, 4455.5.) Lifts are only allowed in limited circumstances. (CBC 1116B.2 et seq.)

This website stores data such as cookies to enable essential site p. Miscellaneous functionality, as well as marketing, personalization, and analytics. You may change  your settings at any time If emergency by warning are required, they must warn persons with hearing the usesystems of flashing lights. (CBC 1114B.2.4.) or accept the defaultimpairments settings.

Public swimming pools must be accessible accessible to persons persons with with disabilities. disabilities. (CBC Privacy Policy Marketing Personalization

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1104B.4.3.)

 

 

There are accessibility requirements for exterior routes of travel, pedestrian grade separations, parking spaces and structures, and passenger drop-off and loading zones. (CBC 1127B et seq., 1128B, 1129B et seq., 1130B and 1131B et seq.)

This website stores data such as cookies to enable essential site functionality, as well as marketing, personalization, and analytics. You may change your settings at any time or accept the default settings.

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General may file a civil action if he determines that a building department is engaged in such a pattern or  practice. Lastly, priva private te parties m may ay also enforce compliance with state access access laws and regulations regulations against against  Donald v. Café Royale, Inc., supra, 218 Cal.App.3d 168, 183  privately funded funded public accommodations. accommodations. ( Donald (held that an individual may initiate an action to enforce compliance with the standards set forth in Health and Safety Code, section 19955, et seq.).

 California Access Regulations This website stores data such3.as cookies to enable essential site In marketing, addition to the general state access statutes discussed above, California regulations provide a functionality, as well as comprehensive set You of requirements covering almost all important areas of accessibility for persons with personalization, and analytics. and sensory sat ensory disabiliti disabilities. es. California's regulations are found at Volume Volume 1, Chapter 11, of the 1998 1998 may change physical your settings any time Building Code and and are designed to comply with the requirements requirements of the ADA. A copy of the or accept theCalifornia default settings. relevant portion of the California Building Code may be acquired through the Division of the State Architect or may be found in your local law library in the California California Building Code. In addition, your city or county building department should have a copy available, and helpful guides may also be purchased Privacy Policy from private publishers. Tax deductions are available for individuals who repair or remodel buildings or vehicles in order to increase access for persons with disabilities, as long as they comply with state or federal Marketing access standards. Deductions shall not exceed $15,000 $15,000 for any taxable year and may also cover eme emergency rgency Personalization egress/safe area refuge systems systems in compliance with state or federal regula regulations. tions. (Rev. and Tax Code, ' 24383.) Analytics Save

These regulations, some of which are discussed below, set specific accessibility accessibility requirements Accept All which apply to buildings and facilities facilities covered by the access statutes. Exceptions may be grante granted d from some of the requirements, but only if compliance compliance would pose an unreasonable hards hardship. hip. Even when unreasonable hardship is demonstrated, some form of "equivalent facilitation" facilitation" must usually be provided to

make the facility usable by persons with disabilities. In addition to the regulations, California has enacted specific statutes directed at providing access to various types of facilities. For example, stadiums, publ public ic parks and gas stations are all addressed by specific laws. a.

Restrooms, Drinking Fountains and Public Telephones Must Be Accessible

Buildings open to the public must have signs posted which indicate the location of restroom facilities accessible accessible to persons with disabilities. Signs on restroom doors must be in the shape of a circle for women's restrooms, a triangle for men's restrooms, and a triangle interposed upon a circle for unisex restrooms. (1998 California Building Building Code, hereafter hereafter ACBC,@ ' 115B.5; see also 1998 California Plumbing Code, section 1501 et seq. for additional accessibility requirements involving water closets, urinals, This website lavatories, stores datashowers, such asbathtubs, drinking fountains and sinks.) cookies to enable essential site functionality, as well as marketing, Toilet facilities must have sufficiently wide doorways and must have grab bars. Restroom facilities personalization, and analytics. You components, such as waste paper baskets baskets and sinks, must be accessible. Where bathing facilities facilities are may change provided your settings at any timecli for the public, clients, ents, or employees, employees, at least least one such facility facility (and not less than one one percent of all must be accessible. A certain number of loc must lockers kers must also be acc accessible. essible. (CBC or accept thefacilities) default settings. '' 1115B.4, 1115B.4.1, 1115B.8, 1115B.9 and 1115B.6.) Privacy Policy Marketing Personalization

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At least half but not less than one of the water fountains must be accessible and must be placed so that they do not pose a danger to persons with visua visuall impairments. impairments. (CBC '' 1105.4.1; 1117B.1, 2.) On floors where public telephones are provided, provided, at least one must be accessible. On any floor where two or more banks of multiple telephones are provided, at least one in each bank shall be accessible.  A reasonable number of public telephones provided, but always at least one on each floor or bank, shall be with a volume control which which is hearing-aid compatibl compatiblee and which is signed. Text telephones This website equipped stores data such as must be also provided unde under r certain circumstances. circ umstances. (CBC ' 1117B.2.9 et seq.) cookies to enable essential site functionality, as well as marketing, Entrances and Paths of Travel Travel Must Be Accessible Accessible personalization, and analytics. You  b. may change your settings at any time primary and exterior ground-floor exit doors to buildings and facilities shall be made accessible or accept the default All settings. to individuals individuals with d disabilities. isabilities. (CBC ' 1120A.1.1.) Both doors of double doors doors designated as a public entrance must be kept unlocked unlocked during normal business hours. (Health & Saf. Code, ' 13011.) Privacy Policy Paths of travel must be accessible. There are also accessibility accessibility requirements requirements for handrails; ramps; Marketing striping for persons with visual impairments; level landings; wheel guides; detectable warnings; and door Personalization  pressure, surfaces and hardware. (CBC '' 1102A et seq.; 1102B; 1114B.1.2; 1127B.1 et seq.; and 1133B.2.5 et seq .; Gov. Code, ' 4460.) Analytics Save

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Stadiums, Grandstands, Sports Facilities, Auditoriums, Theaters, and Related Entertainment Facilities Must Be Accessible

Any entertainment facility approved for construction after January 1, 1985, must provide seating or accommodations for persons with disabilities in a variety of locations to allow for a range of admission accommodations  prices, to the extent that this variety can be provided provided while meeting meeting fire and public safety safety requirements requirements of the State concert Fire Marshall. Both private and publicstandard enter entertainment tainment centers centers areorcovered this be law, including theaters, halls, and halls, stadiums. No lesser of accessibility usabilitybyshall app applied lied than under the ADA. (Health & Saf. Saf. Code, ' 19952.) A district attorney, attorney, city attorney, attorney, the Department Department of Rehabilitation Rehabilitati on acting through the Attorney General, or the California Attorney General can bring an action to correct a violation of this section. In addition, if you believe that you have bee been n denied access required  by this law, you can bring an action in in court. (Health & Saf. Code, '' 19953 and 19954.) In stadiums and other sports facilities, spectator seating, the customer side of ticket booths,  participation areas, clubrooms clubrooms and locke lockerr rooms must satisfy satisfy accessibili accessibility ty requirements, requirements, with certain certain exceptions for hardships when equivalent equivalent facilitation facilitation is provided. (CBC '' 1104B.4 and 1115B.6.4.) In auditoriums This website stores data such as and theaters, seating and toilet facilities for persons with disabilities must be accessible fromsite the lobby or from a primary entrance. cookies to enable essential functionality, as well as marketing, Seating spaces personalization, and analytics. You must be available for both individuals who use wheelchairs and individuals who are may change semi-ambulan your settings at time seating must comply semi-ambulant. t. any All such comply with fire and pub public lic safety requirements. requirements. Assistive listening be installed in stadiums, theaters, auditoriums, lecture halls and similar areas when these or accept thesystems default must settings. areas have fixed seats and where audible communications communications are integral tto o the use of the space. (CBC '' 1104B.3.2; 1104B.3.8; 1104B.4.2; and 1105B.4.8.2.) Privacy Policy Stages and orchestra pits must be accessible to persons with physical disabilities, and ticket booths Marketing and refreshment stands must be accessible accessible on both the customer and employee sides sides.. (CBC Personalization

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' 1104B.3.10-12 1104B.3.10-12.) .)

d.

Curbs and Sidewalks Must Be Accessible

Any curb or sidewalk intended for public use that is constructed with public or private funds must  be accessible, accessible, regardless of where it is located. located. (Health & Saf. Saf. Code, ' 19956.5; Gov. Code, '  4450; 57 Ops.Cal.Atty.Gen. 186 (1974). (1974).) ) The curb or sidewalk must be easily accessible by m means eans of This website stores data such as rampsessential or other devices. devic accessible, no one may park wi within thin three feet of of cookies to enable site es. To ensure that the ramp is easily accessible, sidewalk access ramp which is next to a crosswalk and is designated by either a sign or by red paint. functionality, any as well as marketing, ' (Veh. Code,  22522.) personalization, and analytics. You may change your settings at any time major concern for individuals with disabilities who use wheelchairs is the availability of curb or accept the default A settings. ramps. Alterations to the curb, sidewalk, or street street require the removal of barriers or the constructi construction on of ramps or other devices to aid accessibility. accessibility. If the government, or a private entity, entity, builds a new street or sidewalk, then it must be made accessible to individuals with disabilities if it is to be used by the public. Privacy Policy Whenever a local government resurfaces a street, the government has made an alteration and is therefore required to alter the curb to provide ramps or slopes at the intersections if they do not already exist. Marketing Personalization Analytics

e.

Historical Buildings

Historical buildings may be subject to case-by-case review when alterations are planned, rather

a strict application standard access regulations. Alternative building regulations regulations have been Save than All of developed Accept for use when an historical building building is restored or relocated. (Health & Saf. Code, ' 18950 et seq.; CBC ' 1135 B.)

f.

Gas Stations

Gas stations must provide persons with disabilities with refueling service at the self-service price, unless only one employee is onofduty or Individuals only two employees are on duty, one of whom is assigned exclusively to the preparation preparation food. must display a disabled disable d plate or placard from the Department of Motor Vehicles Vehicles in order to receive this benefit. In addition to other remedies avai available, lable, a gas station owner or employee who disregards disregards this law commits an infraction and may be fined. Gas stations must post signs indicating whether or not they provide provide fueling services for persons with disabilities. disabilities. These signs shall include toll-free numbers maintained maintained by the Department of Rehabilitation for the purpose of seeking information information about enforcement of the laws. Card readers at gasoline fuel dispensin dispensing g facilities are also required to to be accessible. accessible. (See CBC ' 1101C et seq.) Local law enforcement agencies are authorized to investigate violations, upon the verified complaint of an individual or public agency, and to levy the above-mentioned above-mention ed fines. An individual with a disability or public agency agency may file a complaint with the California Attorney General, a district attorney, attorney, or a city attorney, who may bring an action to correct a (Bus. Prof. Code, ' 13660.) This website violation. stores data such&as cookies to enable essential site g. Outdoor Recreation, Parks and Recreational Recreational Facilities functionality, as well as marketing, personalization, and analytics. You may change your settings at any time is to increase accessibility to the state's scenic, natural, historic, and cultural California's California' s policy The policy includes, includes, but is not limited to, walking trails, bikewa bikeways, ys, horseback riding trails, or accept theresources. default settings.  public roads, boat boat docks, picnic picnic areas, cross-country cross-country ski ttrails, rails, and heritage heritage corridors. corridors. (Pub. Resources Resources Code, ' 5070.5.) Privacy Policy Access regulations require that campsites, beaches, picnic areas, boat docks and fishing piers,  parking lots, highway highway rest areas areas and portions portions of trails and paths be usable by persons with disabilities. disabilities. Marketing Personalization

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 Nature and educational educational tr trails ails must be made acce accessible ssible to persons wi with th vision impairments impairments by the the provision of rope guidelines, raised Arabic numerals numerals or symbols, and accessible inform information ation and guide signs. Where the natural environment would be materially damaged by compliance with these regulations, such areas will  be subject to the regulations regulations only to the the extent that that such dam damage age will not occur. If permanent permanent facilities are  provided, then at least one kind of perm permanent anent functional functional area or facility, facility, as applicable, applicable, shall shall be accessible accessible to  persons with disabilities, disabilities, including including a sanita sanitary ry facility for for each sex; at at least one picnic table table and one table table for each 20 tables, or fraction thereof provided; information and display areas; drinking fountains; at least one This website stores data such as  parking space; and curb ramps ramps at pedestrian pedestrian ways, where appropriate. Automobile access access and accessible accessible cookies to enable essential site  path of travel shall not be provided if compliance compliance would create an unreasonable unreasonable hardship. (CBC (CBC ' functionality, as well as marketing, 1132B.2.) personalization, and analytics. You may change your settings at any time Individuals with disabilities who receive state aid may be eligible for a Golden Bear Pass allowing or accept the default settings. free day use access to most state parks for the individuals with disabilities disabilities and his or her spouse. The pass is available from the Department Department of Parks and Recreation. (Pub. Resources Code, ' 5011.) Privacy Policy At least a portion of playground equipment purchased by public agencies operating playgrounds as Marketing of January 1, 1979, shall be accessible and usable to all persons, regardless of physical condition, whenever Personalization equipment is available at a comparable cost and quality to standard s tandard equipment. (Pub. Resources Code, ' 5411.) Analytics Save

h. Signs and Identificatio Identification n Accept All The International Symbol of Accessibility must be displayed at accessible building entrances and in the lobbies of buildings which have been remodeled remodeled to provide accessible sani sanitary tary facilities. (CBC ''

1114A and 1117A.3.) i.

Clear Floor or Ground Space

Building design must allow for the clear movement movement and maneuvering maneuvering of wheelchairs. (CBC ' 1118B.) Objects protruding from walls (for example, example, telephones) may not obstruct the m movement ovement of

wheelchairs. Building design must also take into consideration consideration the needs of individual individualss with vision impairments. impairment s. This helps ensure that an individual with a visual impairment impairment will avoid hazards undetec undetectable table  by standard cane cane technique. (CBC ' 1121B.)  j.

Dining, Banque Banquett and Bar Facilities Facilities

Wheelchair access access must be provided in dining, banquet and bar facili facilities. ties. Access must be provided to all areas where each type of functional activity activity occurs. There must be a certain number of wheelch wheelchair air spaces. Food tableware areas, restrooms and food preparatio preparation n areas must also be This website seating stores data such as service aisles, tableware ' People ex rel. Deukmejian v. CHE, Inc. accessible. (CBC  1104B.5;  (1983) cookies to enable essential site Cal.App.3d 123.) functionality, 150 as well as marketing, personalization, and analytics. You may change your settings at any time or accept the default settings.

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k.

Religious Facilities

The sanctuary areas, raised platforms, choir rooms, choir lofts, performing areas, assembly areas, classrooms and offices and sanitary facilities of religious facilities must be accessible and must provide wheelchair seating spaces. Hardship exceptions can be granted where equivalent facilitation facilitation is provided. (CBC ' 1104B.6.) This website stores data such as l. Office Buildings and Personal and Public Service Facilities cookies to enable essential site functionality, as well as marketing, Facilities covered by these regulations include all those used by the public as customers, clients, or personalization, and analytics. You visitors, or facilities which may be places places of employment. Included are all types of business and may change your settings at any time  professional offices, offices, including insurance, insurance, real real estate and and attorneys' offices, offices, all types types of sales establishments, establishments, or accept theand default settings. all personal and public service facilities, including banks, laundromats, hospitals, police stations,

courtrooms, fire stations, automated automated teller machines, point of sale machines, and vending machines. (CBC '' 1105B et seq.; 1109B et seq.; 1117B.7 et seq.; and 1126B; Donald v. Sacramento Valley Bank (1989) Privacy Policy 209 Cal.App.3d 1183.)

Marketing

In business and professional offices, areas to be made accessible include clie client nt and visitor areas, toilet facilities, facilities, conference rooms, and empl employee oyee work areas. (CBC ' 1105B.3 et seq.) In sales Personalization establishments, establishment s, sales and display areas must be accessible, as well as employee work areas and some checkAnalytics out stations. Where fitting or dressi dressing ng rooms are provided provided,, at least one must be accessible. accessible. (CBC ' 1110B.1 et seq.) Finally, with certain ex exceptions, ceptions, client and visitor visitor areas and employee work areas must be Save accessible Accept All and public in personal public service facilities. Factories and warehouses must als also o comply with broad accessibility requirements. (CBC '' 1105.4.4. et seq. and 1107B et seq.)

m.

Educational and Library Facilities

In educational facilities, laboratory rooms must provide a certain number of work stations usable  by students with physical disabi disabilities, a certainmust percentage percentage of studyand carrels abook nd teaching facility cubicles cubicles must be accessible. General uselities, areasand in libraries be accessible, accessible, openand stacks must allow wheelchair access access to the aaisle. isle. (CBC ' 1106B.1 et seq.) n.

Hotels, Motels, and Publicly-Funded Living Accommodations Accommodations

A certain number of guest rooms in private lodging facilities must be accessible, including sanitary facilities. Public rooms and recreational facilit facilities ies in private lodging must also comply with certain accessibility requirements. requirements. Some publicly-funded living accommodations accommodations must meet accessibilit accessibility y requirements although although arguably they must be publicly-f publicly-funded unded and open to the general public. (CBC ' 111B.1 et seq.; Berkeley Center for Independent Living v. Coyle (1996) Cal.App.4th 874.) This website 42 stores data such as cookies to enable essential site o. Courtrooms functionality, as well as marketing, personalization, and analytics. You Individuals may change your settings at anywith timehearing impairments are entitled to the use of assistive listening systems or computer-aided computer-aide d transcription equipment to assist their participation in any civil or criminal court or accept the default settings.  proceeding, alternate alternate dis dispute pute resolution or public agency agency administrative administrative hearing, hearing, if they provide at least least five days' notice. Each county is required to have at least one portabl portablee listening device for use by the Privacy Policy Marketing Personalization

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courts. Signs must be posted indicating indicating how to reque request st these systems. In any civil or criminal criminal proceeding where an individual with a hearing impairment is a participant, the court proceeding shall not be allowed to commence until the requested requested listening assistance equipment equipment has been provided. In addition, jury boxes,  judges' benches, witness stands, counsel table tables, s, public seating seating areas, jjury ury rooms and other other court facilities facilities must be made accessible in all new or remodeled remodeled facilities. No lesser standard of accessibili accessibility ty or usability shall be applied than than is applicable under under the ADA. (CBC ' 1105B.3.5.) This website stores data such as who is deaf or hearing impaired and cannot participate in court, administrative or An individual cookies to enable essential siteresolution proceedings through the use of an assistive listening system or computeralternative dispute functionality, aided as well as marketing, transcription equipment is entitled to a free qualified interpreter to interpret the proceedings in a personalization, and analytics. You language understood by the individual. individual. A free intermediary interpreter interpreter will be appointed if the appointed may change interpreter your settings at any time is not familiar familiar with the use of particular signs or sign language used by the individual. The or accept the proceeding default settings. cannot commence cannot commence until the the interpreter is present. Individuals with hearing impairments impairments are also

entitled to interpreters when they are interviewed in a criminal or quasi-criminal quasi-criminal investigation or  proceeding. (Evid. Code, ' 754.) Privacy Policy Marketing

 p.

Elevators

Elevators must be designed so as to accommodate accommodate wheelchairs. Elevators must stop within onePersonalization half inch of the building floor level, and elevator floor buttons must be within reach of a wheelchair user. Analytics Passenger elevators must be located near near a major path of travel. All new elevators must have braill braillee and raised arabic numbers next to the buttons designating designating each floor. Existing elevators elevators must also satisfy this unlessAll unless an unreasonable hardship would result. The number of the floor must appear both in Save requirement, Accept  braille and in in raised arab arabic ic numbers on the outside of of the elevator elevator door. (CBC ' 1105.3; Gov. Code, ' 4455.5.) Lifts are only allowed in limited limited circumstances. circumstances. (CBC ' 1116B.2 et seq.)

q.

Miscellaneous

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If emergency warning systems are required, they must warn persons with hearing impairments by the use of flashing lights. (CBC ' 1105.4.6.)

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Public swimming pools must be accessible accessible to persons with disabilities. (CBC ' 3104B.)

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II.

There are accessibility requirements for exterior routes of travel, pedestrian grade separations,  parking spaces spaces and structure structures, s, and passenger passenger drop-off and loading loading zones. (CBC '' 1127B et seq., 1128B, 1129B et seq., 1130B and 1131B et seq.) ACCESS TO POLLING PLACES AND THE VOTING PROCESS - STATE AND FEDERAL ELECTIONS

This website stores data such as A. State Elections cookies to enable essential site functionality, as well as marketing, California law requires that notice of a polling site must state whether the location is accessible. personalization, and analytics. You official officials must try to select accessible voting sites. If a site is not accessible, a person with a may change Election your settings at sany time disability can vote in a nearby accessible location or by absentee ballot. or accept the default settings.

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If a voter is unable to mark a ballot, he or she must be permitted to vote with the assistance of not more than two persons, excluding the voter's employer, or an officer or agent of the union of which the voter is a member. The voter must declare under oath to a mem member ber of the precinct board present at the time that he or she is unable to mark the ballot. No person assisting a voter shall divulge any informati information on regarding the marking marking of the ballot. (Elec. Code, '' 12280 and 14282.) B. Federal Elections This website stores data such as cookies to enable essential site requiring assistance because of blindness or disability to vote in a federal election may Any voter functionality, receive as well assistance as marketing, from a person of the voter's choice, other than the voter's employer or an agent of the personalization, and analytics. You employer or an officer offic er or agent of the voter's voter's union. (42 U.S.C. ' 1973aa-6.) State and and political political may change subdivisions your settingsmust at any time that registration and polling places for federal elections are accessible to persons ensure or accept thewith default settings.and elderly disabilities elderly persons, or that alternative me means ans for casting ballots are provided. The chief election officer of each state shall provide timely notice of the availability of aids and assistance and the  procedures for voting voting by absentee absentee ballot. Registration and voting aids which which are required include: Privacy Policy $ instructions, printed in large type, conspicuously displayed at registration and polling places; and Marketing $ information by telecommunications telecommunications for persons with hearing impairments. No notarization or Personalization medical certification certification shall be required of a voter with a disability with respect to an absentee ballot Analytics except to automatically automatically receive an application or ballot on a continuing basis or to apply for an

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absentee ballot ballot after the deadli deadline ne has passed. (42 U.S.C. ' 1973ee-3.) Accept All If a state or political subdivision does not comply with this law, the United States Attorney General or anyone potentially aggrieved by the noncompliance can bring a lawsuit for declaratory or injunctive

relief in the appropriate appropriate district ccourt. ourt. (42 U.S.C. ' 1973ee 4.) III.

ACCESS TO TRANSPORTATION A.

Driving and Parking 1.

Driver's Licenses

The right to a driver's license is not absolute, and licensing licensing standards vary from state to state. In California, a person with a physical or mental disability may not be refused a driver's license if the Department of Motor Vehicles (DMV) decides the disability does not affect the individual's ability to operate a vehicle. By statute, the DMV may not issue a license to a person with a disorder characteri characterized zed by lapses of consciousness, or marked confusion, but the DMV must usually make license determinations determinations on a case-by-case basis and must issue licenses licenses to persons capable of safe driving. The DMV shall not issue or renew a driver's license of any person whose best corrected visual acuity is 20/200 or worse in that person's This website stores data such as  better eye, as verified by an optometrist optometrist or ophthalmologist. ophthalmologist. No person may use a bioptic telescope or cookies to enable essential site similar lens to meet the acuity standard. (Veh. Code, '' 12805 and 12806; Smith v. DMV  (1984)  (1984) 163 functionality, as well as marketing, Cal.App.3d 321.) personalization, and analytics. You may change your settings at any time or accept the default settings.

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The DMV may require a person to use special adaptive devices, if necessary to assure safe driving.  (Veh. Code, '12813.) 2.

Parking Privileges

California has enacted a number of provisions granting special parking privileges to persons with disabilities who drive upon receipt of medical certification, unless the disability is readily observable and This website uncontested. stores data such as to take advantage of most of these privileges, a person' In order person'ss vehicle must display either a cookies to enable essential site distinguishing license plate or distinguishing placard, both of which can be obtained on a permanent or functionality, temporary as well as basis marketing, ba sis from the DMV. (Veh. Code, '' 5007 and 22511.55 et seq.) The plates and placards placards personalization, andbe analytics. cannot loaned toYou others, unless that person is in the presence or reasonable proximity of the person with may change ayour settings any timeof transporting him or her. Violations of this code section are misdemeanors disability foratpurposes misdemeanors or accept the punishable default settings. by a fine and/or jail time. time. (Veh. Code, ' 4461.) A civil penalty penalty of $1,500 can be imposed imposed in addition to or instead instead of the fine. (Veh. Code, ' 4461.5.) If lost or stolen, the placards placards can be replaced replaced without recertification recertification of eligibility. The placards have a fixed expiration expiration date of June 30 every two years. Privacy Policy The plates and placards shall be returned to the DMV not later than 60 days after the death of the person to whom it was issued. No person is eligible for more than one placard at a tim time, e, although organizations organizations Marketing involved in the transportation of persons with disabilities may apply for a placard for each vehicle used for that purpose. (Veh. Code, Personalization ' 22511.55.) Analytics Upon receipt of the required applications and documents, the DMV will also issue temporary placa placards rds for persons temporarily disabled for a period of not more than six months. This Save distinguishing Accept All  placard expires expires after six m months, onths, or the ttermination ermination of the disability, disability, whichever whichever occurs first. There are also also  placards available available for shorte shorterr periods of ti time me for purposes of travel. (Veh. Code, ' 22511.59.)

Any person using a distinguishing placard for parking in permitted areas shall present identification identificati on and evidence of the issuance of the placard to that person upon request by a person authorized to enforce parking laws, ordinances ordinances or regulations. Failure to present the identification identification and evidence give givess rise to a rebuttable presumption that the placard is being misused, and the placard may be confiscated. (Veh. Code, ' 22511.56.) The plates and placards allow allow disabled persons to park in certain restricted zones, zones, and to park in metered metered spaces for free. (Veh. Code, ' 22511.5.) California Vehicle Vehicle Code section 22507.8 22507.8  precludes persons without without disable disabled d placards or plates to park park in stalls or spaces reserved for the disabled. disabled. Vehicles can be towed if parked in violation of this section if the posting requirements set forth in Vehicle Code section 22511.8 22511.8 have been met. (Veh. Code, ' 22652.) California Vehicle Vehicle Code section 42001.5 requires the court to impose a fine on any person convicted of specified disabled parking violations, which can only be suspended if the person convicted possessed a placard or plate but failed to display it. Parking spaces identified with blue curb paint are exclusively for the use of persons with disabilities. (Veh. Code, ' 21458, subd. (a)(5).) Vehicle Code section 22522 prohibits prohibits parking a vehicle This website within stores three data such as feet of a sidewalk access ramp for the disabled adjacent to a crosswalk if the area adjoining the cookies to enable essential site with a sign or red paint. Local authorities gen ramp is designated generally erally decide where special special parking spaces functionality, will as well as marketing, be located. In addition to designating reserve reserved d parking spaces on streets and in public lots, local personalization, and analytics. You authorities may require private parking facilities which are open to the public to reserve a certain number of may change spaces your settings any time for the at vehicles of persons with disabilities. disabilities. Any parking facility control controlled led by a state agency must or accept thereserve defaultasettings. certain number of spaces for persons with disabilities and Privacy Policy Marketing Personalization

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 provide appropriate appropriate signage. If a state aagency gency does not have its own parking facility, facility, the agency agency must ask local authorities to reserve on-street spaces immediately adjacent to the agency property for the use of  persons with disabilities. disabilities. (Veh. Code, '' 22511.7 and 22511.8; Gov. Code, ' 14679.) Drivers with disabilities must still s till observe parking regulations which prohibit all stopping, parking or standing, or which reserve spaces for special types types of vehicles. (Veh. Code, ' 22511.5, subd. (a)(3).) This website stores data as Transit and Interstate Transportation B. suchMass cookies to enable essential site functionality, as well as marketing, 1. State Law personalization, and analytics. You may change your settings at any time a. Accessibility of Equipment and Structures or accept the default settings. California law provides that state agencies, boards, and departments, local governmental

subdivisions, districts, public and quasi-public corporations, local public agencies and public service corporations, cities, counties and municipal or county corporations in awarding contracts for operations, Privacy Policy equipment or structures shall require that all fixed-route transit equipment and public transit structures be Marketing  built so that individuals w with ith disabilities disabilities shall have ready acce access ss to, from, and and in them. (Gov. Code, ' 4500; 70 Ops.Cal.Atty.Gen. Ops.Cal.Atty.Gen. 70 (1987).) This section also provides that if state standar standards ds are higher than the Personalization ADA, those state standards shall be complied with. Analytics Section 99220 provide of the Public Utilities Codeservice, sets forth a legislative finding that public systems an essential public service , they should be designed andsince operated so as to Save transportation Accept All encourage maximum utilization by Ahandicapped persons.@  A "handicapp "handicapped ed person" is defined defined as "any individual who by reason of illness, injury, age, congenital malfunction, or other permanent or temporary incapacity or disability, including, but not limited to, any individual confined to a wheelchair, is unable,

without special facilities or special planning or design, to utilize public transportation facilities and services as effectively as a person who is not so affected. A temporary incapacity incapacity or disability is one which lasts more than 90 days. (Pub. Util. Code, ' 99206.5.) Cities or counties are are authorized pursuant pursuant to section 99260.7 of the Public Utilities Code to file a claim for state funds to provide transportation services using vehicles for the exclusive use of Ahandicapped persons.@ 2.

Federal Law a.

General Provisions i.

Public Entities, Recipients of Federal Funding, and the Federal Government

The ADA provides that public entities must make all services, programs and activities accessible to This website individuals stores datawith suchdisabilities. as ities. This general provision exte disabil extends nds to transportation services, services, such as buses, cookies to enable essential site trains, and other conveyances conveyances provided by state and local governm government. ent. It also extends to the facilities and functionality, stations as well as marketing, which provide provide access to these servic services. es. (42 U.S.C. '' 12132 and 12142-12165.) 12142-12165.) In addition, the personalization, and analytics. You Rehabilitation ionat Act of time 1973 ensures that all recipients of federal financial assistance and federal agencies may change Rehabilitat your settings any themselves provide access to transportation services and facilities. or accept the(29 default settings. U.S.C. '' 794 and 794b.) Privacy Policy Marketing Personalization

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ii.

Private Entities

The ADA also provides that all public accommodations operated by private entities be accessible to individuals with disabilities, although there are exceptions for certain private clubs and religious entities. (42 U.S.C. ' 12187.) Private entities include al alll privately-owned businesses businesses and organizations which offer services to the public. This means that public transportation transportation provided by private enti entities, ties, such as buses, trains and taxi cabs, is subject to accessibility accessibility requirements. (42 U.S.C. '' 12181-12189.) This website stores data such as The ADA cookies to enable essential sitemakes a distinction between private entities which are primarily engaged in the business and private entities which provide transportatio transportation n services incidental to other types of functionality, of astransportation well as marketing,  business. Private entities entit ies which are primarily en engaged gaged in the business of transportation transportation are held held to strict personalization, and analytics. You requirem ents. They must make reasonable modifications modifications to their vehicles and must provide may change accessibility your settingsrequirements. at any time aids and services which will aid in creating accessibility. Reasonable modifications modifications may include or accept theauxiliary default settings. removing existing barriers where such modifications are readily achievable and if not, using readily achievable alternative methods. (42 U.S.C. '' 12182 and 12184.) Privacy Policy iii. Exceptions Marketing While all forms of transportation offered to the public must be accessible, this does not mean that Personalization structural alterations alterations must necessarily be made to all transportation vehicles. Instead, transportation transportation systems must be accessible in a manner that provides individuals with disabilities with service comparable Analytics Save

to that offered toof persons without disabiliti disabilities. es. Accessibility regula regulations into account need need to  balance the cost alter altering ing existing transportation transportation systems systems with thetions goal goaltake of achieving achiev ing full the accessibility. accessibility. The Accept All regulations and exceptions which apply to the various modes of transportation are set out in more detail  below.

 b.

Buses, Rapid and Light Rail Vehicles i.

Buses, Rapid and Light Rail Vehicles Operated By Public Entities

All new buses, rapid and light rail vehicles operated by public entities must be designed so that they are readily accessible and usable by individuals with disabilities, including individuals who use wheelchairs. This applies to all new new vehicles which were were ordered after August 25, 25, 1990. Used vehicles  purchased or leased leased after tha thatt date must also be readily readily accessible and usable by individuals with with disabilities, unless the public entity can show that it used good faith efforts to purchase or lease accessible used buses and that none were available. Vehicles which are remanufactured remanufactured so that they will last at least another 5 years are also required to be readily accessible and usable by persons with disabilities, including individuals who use wheelchai wheelchairs. rs. (42 U.S.C. ' 12142.) This website stores data as If a such remanufactured remanufactu red vehicle has been made to be accessible to the maximum extent possible, cookies to enable essential site then such a vehicle will comply with accessibility accessibility requirements. requirements. Historic vehicles operating operating on fixed route functionality, systems, as well as marketing, any segment of which is included on the National Register of Historic Places, need only be made personalization, and analytics. You accessible to the maximum extent feasible, if modifications modifications would significantly alter the may change historic your settings timevehicle. (42 U.S.C. ' 12142(c) characat character terany of the  12142(c)(2).) (2).) Some ttransit ransit systems systems which are considered or accept the"demand default settings. responsive" and do not have fixed routes may continue to purchase and lease non-

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accessible vehicles, but they must operate a system which, when viewed in its entirety, provides an  equivalent level level of service for individuals with disabilit disabilities. ies. (42 U.S.C. ' 12144; 49 C.F.R. ' 37.171.) They  must compensate passengers passengers with disabilities if they fail to provide certain servic services. es. (49 C.F.R.  ' 37.199.) In addition, systems which do not provide fully accessible vehicles are required to provide  paratransit and and other special special services in order to provide a level of of service which is comparable comparable to the provided individu als without disabilities. Paratransit must also be comparable comparable to the extent This website service stores data suchindividuals as  practical with the with individuals without disabilities. disabilities. However, systems systems providing cookies to enable essential siteresponse time provided to individuals solely commuter bus service are exe exempt mpt from this requirement. requirement . (42 U.S.C. '  12143.) functionality, as well as marketing, personalization, and analytics. You The ADA also mandates that a public entity provide at least one car per train, where two or more may change your settings at any time operate as a train by a light or rapid rail system, which is readily accessible and usable by persons or accept thevehicles default settings. with disabilities, including including individuals who use wheelchairs. wheelchairs. (42 U.S.C ' 12148.) Public entities operating fixed route systems shall permit service animals to accompany individuals Privacy Policy with disabilities disabilities in vehicles and faci facilities. lities. (49 C.F.R. ' 37.167(d).) Marketing ii. Over-the-Road Buses Operated By Private Entities Personalization Analytics

Over-the-road buses operated by private entities are generally subject to the same accessibility

rules as thoseare applied to government-funded government -funded bus systems. entities may may not They purchase orremove lease new  buses which not readily accessible accessible and usable usable by individuals indiviPrivate duals with disabilities. disabilities. are to Save Accept All transportation barriers in existing buses where such removal is readily achievable; they are not required to retrofit buses buses or to instal installl hydraul hydraulic ic lifts. (42 U.S.C. ' 12186; 49 C.F.R. '' 37.167(d); 37.181 et seq., and 38.151 et seq.; 28 C.F.R. ' 36.310.)

"Over-the road buses," which are buses with baggage compartments located underneath the  passenger section, section, are not required required to provide provide accessible bathrooms if th this is would result in in a loss of seating seating capacity. However, they are required to be accessibl accessiblee in all other aspects, such as by providing handrails, lighting and slip-resistant slip-resistant floors where wheelchairs or mobility ai aid d users are to be accommodated. (42 U.S.C. ' 12186; 49 C.F.R. ' 38.151 et seq.) Private entities which are primarily engaged in the business of transportation must make reasonable modifications to existing buses, must provide auxiliary aids and services and, under certain circumstances,, must remove barriers in order to create acce circumstances accessibility. ssibility. Where an entity uses vehicles with a carrying capacity of eight passengers or less, it is required to purchase accessible vehicles, unless the entity  provides the same same level of service service to passengers passengers with disabilities disabilities when the the system is viewed viewed in its entirety. entirety. The same level of service means that the frequency, response time, and destinations covered must be equivalent. (42 U.S.C. ' 12184; 28 C.F.R. ' 36.202; 49 C.F.R. This website '' stores data such as  37.103 and 37.105.) cookies to enable essential site functionality, as well as marketing, Private entities which are not primarily primarily engaged in the transporta transportation tion business and which operate a personalization, and analytics. You fixed route system ar aree required to purchase purchase new buses buses which are are readily accessible and usable by may change individuals your settings at any time with disabil disabilities, ities, including persons who use wheelchairs. wheelchairs. However, if the vehicle has a carrying or accept thecapacity default settings. of 16 passengers or less, then the vehicle is not required to be accessible, but only if the private entity operates a system which provides the same level of service to users with Privacy Policy Marketing Personalization

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disabilities when viewed viewed in its entiret entirety. y. Public entities which which operate a purely demand demand responsive system where there is no fixed route - are required to purchase accessible vehicles, unless they can show that the system, when viewed in its entirety, provides provides the same level of service to users with disabilities. disabilities. (42 U.S.C. ' 12182; 49 C.F.R. '' 37.101 and 37.105.) c.

Trains, Street Cars and Other Rail Vehicles

i. Intercity and Commuter Rail Operated By Public Entities This website stores data such as cookies to enable essential site The same general rules apply to larger trains trains that apply to rapid and light rail transportation. transportation. Public functionality, as well as marketing, entities, such as Amtrak personalization, and analytics. You or local commuter authorities, must purchase or lease readily accessible or usable vehicles subject to thetime same general exceptions allowed for rapid and light rail. may change your settings at any or accept the default settings. On intercity trains, there must be at least one space to park and one space to store and fold a wheelchair for every passenger coach. Accessible bathrooms are required on coaches which provide wheelchair spaces. On trains which provide food service in either single or bi-level bi-level cars, auxiliary aids and Privacy Policy services must be provided to ensure that passengers with disabilities are provided equivalent food service to that provided to other passengers. A single-level dining car provid providing ing food service must meet certai certain n Marketing accessibility requirements requirements if purchased after July 26, 1990. The one-accessible one-accessible-car-per-train -car-per-train rule also Personalization applies to intercity intercity and commute commuterr rail service. (42 U.S.C. ' 12162; 49 C.F.R. '' 37.91 and 37.93.) Analytics Save

ii.

Rail Operated By Private Entities

Accept All by private entities is subject to the same accessibility rules as other businesses Rail operated  providing public public accommodations. accommodations. Private entities entities have an obligation to to remove structural structural barriers and and to make alterations where readily achievable. achievable. If such alterations are not readily achievable, then the public

entity has the duty to use alternative methods methods of providing services if they are readily achievable. However, public entities entities are not required to retrofit cars for hydraulic llifts. ifts. (42 U.S.C. ' 12182(b)(2)(A)(iv). 12182(b)(2)(A)(iv).)) Private rail is also subject to the same rules as rail provided by public entities; for example, all new  passenger cars must must be readily accessible to and usable b by y persons with disabilities, disabilities, to the maximum maximum extent feasible. This applies to used cars not already owned or leased by an entity entity and to cars remanufactured to extend their life ten years. years. (42 U.S.C. ' 12184.) Historic cars are granted granted the same exceptions exceptions given to  Ibid.) those operated by public en entities. tities. ( Ibid.) d.

Stations and Terminals i.

Facilities Operated By Public Entities

Transportation This website stores data such as facilities are subject to the same types of accessibility requirements as other  buildings. Newsite facilities must be built built so that they they are readi readily ly accessible and usable by persons with cookies to enable essential and any alterations to existing buildings must be done so that they are made accessible and functionality, disabilities, as well as marketing, personalization, and analytics. You usable to the maximum extent feasible. Whenever an area containing a primary function is altered, the telat telephones, ephones, drinking drinking fountains, and path of travel travel must also also be made accessible to persons with may change bathrooms, your settings any time including persons who use wheelchairs, unless disproportionate in cost and scope to the overall or accept thedisabilities, default settings. alterations. (42 U.S.C. '' 12146 and 12147, subd. (a); 49 C.F.R. '' 37.41-37.45.) In addition to the general rules, "key stations" serving rapid and light rail must be made accessible no later than July 26, 1993. Public entities may appl apply y for extensions of up to 30 years where making a Privacy Policy station accessible would involve extraordinarily expensive structural changes to or replacement of existing Marketing Personalization

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facilities. By July 26, 2010, at least two-thirds of such key stations must be readily acce accessible ssible to and usable  by individuals with disabili disabilities. ties. (42 U.S.C. ' 12147(b); 49 C.F.R.  ' 37.41 et seq.) "Key stations" are chosen by the public entity based on various criteria including stations where  passenger boarding boarding exceeds 15% of the average, average, transfer stations, stations, connections connections to other other modes of transportation, end stations, stations, and stations serving major activity activity centers. (49 C.F.R. '' 37.47- 37.51.) This website stores data such as ii. Facilities Operated By Private Entities cookies to enable essential site functionality, as well as marketing, Transportation facilities operated by private entities are subject to the same requirements as other personalization, and analytics. You facilities housing public public accommodations. (49 C.F.R. ' 37.21(a)(2); see section Ai@ above.) Generally, a may change facilities your settings at any timeaccommodations. of settings. public accomm public accommodation odation is required required to facilitate facilitate access access by (1) modifyi modifying ng policies, practices, or or accept the place default  procedures, unless unless this would fundamentally fundamentally alter alter the nat nature ure of the services; services; (2) providing providing auxiliary aids

and services, unless this would fundamentally alter the nature of the services or would result in an undue  burden; (3) removing removing architectural architectural barriers barriers if readily achievable and if not, using alternative alternative methods, if Privacy Policy those are readily readily achievabl achievable. e. (28 C.F.R. ' 36.301-305.) Marketing

 New facilities facilities must be designed designed so that they are readily readily accessible to persons with disabilities disabilities and and Personalization any alterations must be made so as to create accessibility. accessibility. (28 C.F.R. '' 36.402-405, with certain exceptions for measures taken to comply with barrier removal requirements; see 28 C.F.R. ' 304.) Analytics Save

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e.

Taxis

While providers of taxi service are not required to purchase or lease accessible automobiles, they are subject to the general ADA provisions against discrimination. discrimination. For example, taxi service providers providers may

not discriminate against persons with disabilities by refusing to provide taxi services to individuals who can use them, refusing to assist with the stowing of mobility devices, or by charging higher fares or fees for carrying an individual with a disability and his or her equipment/or service animal. If a provider of taxi service purchases or leases a vehicle other than an automobile, then the vehicle is required to be accessible, unless an equivalent equivalent service is provided for persons with disabilit disabilities. ies. For example, taxi service providers who use vans in airport door to door service may only purchase nonaccessible vans if they already provide provide an equivalent level of service for indi individuals viduals with disabiliti disabilities. es. An equivalent level of service means an equivalency in schedules, response time, fares, areas of service, hours and days of service, availability of information, reservations capability, capability, constraints on capacity or service availability and restriction priorities based on trip service. (49 C.F.R. '' 37.29 and 37.105.) f.

Reduced Faires

This website stores data such as Mass transportation systems, whether trains or buses, which receive federal funds, are required to cookies to enable essential site charge special rates for passengers who are disabled disabled or elderly. During non-peak hours, rates for functionality, as well as marketing, personalization, and analytics. You may change your settings at any time or accept the default settings.

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 passengers who are disabled or eelderly lderly may not exceed one-half of the regular peak-hour peak-hour fares. (49 C.F.R. ' 609.23) g.

Enforcement

If you feel that you have been discriminated against by private or public entities providing transportation services, services, then the following options are availa available. ble. First, under the ADA, you always have the to data bringsuch a private This website right stores as lawsuit against the offending party, whether it be a government agency or a private entity. If you decide to bring a lawsuit there is no requirement that you exhaust exhaust administrative remedies remedies cookies to enable essential site first and you may bring suit at any time - even if you are already involved in the administrative complain complaintt functionality, as well as marketing,  process. You may al also so file a complaint complaint with the the United Stat States es Attorney Gene General. ral. You may also file a personalization, and analytics. You complaint with the Department of Transportation's Office of Civil Rights, which will investigate your may change your settings at any time complaint and take the appropriate action. action. If the Department of Transportation deems it appropriate, it will or accept the default settings. refer your case to the Attorney General for enforcement enforcement in court. (42 U.S.C. ' 12188; 49 C.F.R. '' 27.11 and 37.11; 28 C.F.R. ' 36.501-36.508.) Privacy Policy C. Air Travel Marketing

1. General Law Personalization The nondiscrimination mandate mandate of section 504 of the Rehabilitation Rehabilitation Act has been held by the U.S. Analytics Supreme Court not to apply to airlines which do recei (1986) receive ve direct477 federal financial l assistance. (United States Dept. of Transp. Veterans of not America  v. Paralyzed U.S. financia 597.) Unlike mass transit, most Save airlines areAccept All not recipients recipients of direct fe federal deral subsidies. The ADA does not apply to ai aircraft. rcraft. (42 U.S.C. '' 12141(2) and 12181(10).) Nonetheless, all air carri carriers ers and commuter carriers, regardless regardless of whether or not they receive federal assistance, assistance, must comply with certain nond nondiscrimination iscrimination laws and regul regulations. ations. To

assure that airlines do not discriminate against airline passengers, Congress enacted the Air Carriers Access Act of 1986. The Act prohibits air carriers, incl including uding foreign air carriers, from discrim discriminating inating against  persons with disabilities disabilities when they they are othe otherwise rwise qualified qualified to use air transit. (49 U.S.C. ' 41705.) Also, the ADA and the Rehabilitation Act still apply to services and accommodations provided by airlines and airports on the ground. (See section 2 2,, infra.) All airlines are prohibited from discriminating against an individual based on a disability. Disability is defined as: (1) a physical or mental impairm impairment ent that substantially limits one or more major life activities; (2) a record of such an impairment; impairment; or (3) being being regarded as having having such an impairment. impairment. An airline has discretion as to whom it will carry, but it may not arbitrarily decide to exclude individuals based on disability, and any decision to exclude a passenger must be based upon legitimate safety considerations.  ( Adamson  Adamson v. American Airlines (1982) 457 N.Y.S.2d 771, cert . denied  (1983)  (1983) 463 U.S. 1209.) Service animals can accompany accompany persons with disabilities. disabilities. They may accompany accompany the person in his her seat evacuation route. If that is the case, the carrier This website or stores dataunless such that as would block an aisle or emergency evacuation shall offer to move the passenger with the anim animal al to another seat location. (14 C.F.R. cookies to enable essential site 382.55.) functionality, '' as 382.37 well asand marketing, personalization, and analytics. You may change your settings at any time or accept the default settings.

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2.

Airports

Airport facilities are covered under the ADA (42 U.S.C. ' 12181(7)(G)) and, if they receive federal funding, the Rehabilitati Rehabilitation on Act. (29 U.S.C. ' 794.) This means that airports airports must provide access access to individuals with disabilities disabilities under the same rules that apply to all public accommodations. accommodations. Airports operated by public entities are subject to the ADA accessibility regulations for government services and  programs. This website stores data such as  New terminals terminals must be accessible. accessible. Placement of elevators and other similar similar devices should should cookies to enable essential site minimize any extra distance distance persons in wheelchairs must travel. Persons with disabilities must be able to functionality, as well as marketing, use the main ticketing, fare collection, baggage checkcheck-in in and retrieval areas and inter-terminal personalization, and analytics. You transportation systems. systems. Airport operators must provide adequate adequate assistance in boarding and depla deplaning, ning, with may change your settings at any time certain exceptions. (14 C.F.R C.F.R.. ' 382.23; 49 C.F.R. ' 27.1 et seq.) or accept the default settings.

Airport terminal information systems must accommodate the needs of persons with vision and hearing impairments impairments by providing information both visually and orally. Service animals may accompany Privacy Policy their owners. (49 C.F.R. C.F.R. ' 37.167(d).) At least one clearly marked telephone telephone with a volume control or sound booster device must be available for persons wearing hearing aids, and sufficient telecommunica telecommunications tions Marketing devices (TTY) must be available to permit persons with hearing impairments to communicate with airport  personnel. Clocks must be visible to persons persons with vision iimpairment mpairments. s. Personalization Analytics

In ' addition, areas, loading zones, areas, and public services must be including accessible. (49 C.F.R.  27.71 etparking seq.; see the Americans withwaiting Disabilities Act Accessibility Guidelines, Save section 10.4 Accept All airport facilities, Appendix A to 49 C.F.R. ' 37.) concerning 3.

Services and Reservations

All air carriers are prohibited from discriminating discriminating against, denying services to, or providing separate or different services services to any otherwise qualified person with a disability disability.. (14 C.F.R. '' 382.5, 382.7 and 382.31.) An air carrier may not require a person with a disability to be accompanied by an attendant, except under limited circumstances when a carrier determines that an attendant is essential for safety. Circumstancess where a carrier may require an attendant to accompany an individual with a disability Circumstance include: (1) where an individual is traveling traveling in a stretcher or incubator; (2) where an individual with mental mental disabilities is unable to comprehend or to respond to safety instructions; (3) where an individual with severe mobility disabilities disabilities is unable to assist in his evacuation of the aircraft; or (4) where an individual with both severe hearing and vision impairments cannot establish some means of communication with carrier  personnel adequate adequate enough to permit transmission transmission of safety informatio information. n. (14 C.F.R. ' 382.35(b).) The such need as for minor assistance assistance is not enough to require require an attenda attendant. nt. A carrier may not refuse to This website stores data transport an individual, traveling without an attendant, on the basis that the individual cannot feed himself cookies to enable essential site the individual elects elects not to eat during the flight. In addition, a concern by the carrier tha thatt functionality, or asherself, well as if marketing, personalization, and analytics. You assistance may be needed n eeded to allow an ind individual ividual with a disa disability bility to use inaccessible inaccessible  lavatory facilities, facilities, or may otherwise need extensive special assistance for personal needs, is not a basis may change your settings at any time or accept the default settings.

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to require an attendant to accompany accompany an individual with a disability on the flight. Where an individual with a disability believes that he or she can travel independently, and is required by a carrier to bring an attendant on the flight, then the carrier carrier must pay for the passage of the attendant. The individual with a disability may be eligible for denied boarding compensation if there is not a seat available for this attendant. (14 C.F.R. ' 382.35(c).) Carriers must allow passengers with disabilities to use personal ventilators/respirators, canes and crutches and to keep them nearby during flight, and must allow folding wheelchairs on board when they are This website not stores datato such as Assistive devices shall not be counted a threat safety. counted toward limits on carry-on baggage. Airli Airlines nes cookies to enable essential site apply varying regulations to battery-powered chairs, and it is advisable to check with individual carriers. functionality, Carriers as well as marketing, must provide assistance in boarding and deplaning without advance notice, unless special personalization, and analytics. You(such as specialized assistance is required specialized equipment or addition additional al personnel.) Carriers may not impose may change charges your settings at any time for providing facilities, equipment, or services which they are required to provide to passengers or accept thewith default settings. disabil disabilities. ities. (See 14 C. C.F.R. F.R. '' 382.37-382.57 for these and other regulations governing accommodation accommoda tion of passengers with disabilities.) Privacy Policy

4.

Enforcement

Marketing

If you believe you have been discriminated against in air travel, you should contact the United States Department of Transportation Transportation or a private attorney attorney.. (49 U.S.C. ' 41705.) Personalization Analytics IV. Save

ACCESS TO TELECOMMUNICAT TELECOMMUNICATIONS IONS

Both California Accept All law and the ADA require that telephone services be provided to individuals with speech or hearing impairments. impairments. In 1990, the ADA added a new section to the Communications Act of 1934, United States Code, title 47, section 151 et seq., directing the Federal Communications Commission

(FCC) to establish regulations that will ensure that hearing and speech impaired impaired individuals are provided with unlimited and affordable affordable telecommuni telecommunications cations services. (47 U.S.C. ' 225(d).) A.

Telephone Systems 1.

Non-Emergency Services a.

Telecomm Telecommunication unication Devices and Relay Services

Under California law, every telephone corporation must provide an accessible telecommunications device to any telephone subscriber subscriber who is certified as deaf or hearing-impair hearing-impaired. ed. This device, usually called called "Telecommunications "Telecomm unications Device for the Deaf" (TDD) or a "Teletype Device" (TTY), must be provided free of charge. Organization Organizationss which represent persons with hearing impa impairments irments are also eligible for the specia speciall telecommunications telecomm unications device. device. (Pub. Util. Code, ' 2881.) This website stores data such as cookies to enable essential site A TDD or TTY is a device that resembles a typewriter with a message display used by individuals functionality, as well as marketing, personalization, analytics. You impairments to communicate with other TDD users. withand speech and hearing may change your settings at any time Common carriers must also provide telecommunicati telecommunications ons relay services to individuals with speech or accept the default settings. and hearing impairments that will allow them to communicate with those having unimpaired Privacy Policy Marketing

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