---
kind: "range"
citation: "42 U.S.C. §§ 12201–12213"
title: "42"
from: "12201"
to: "12213"
count: 14
release: "119-102"
url: "https://uscodex.org/usc/42/12201..12213"
---

# §12201. Construction

- (a) **In general—** Except as otherwise provided in this chapter, nothing in this chapter shall be construed to apply a lesser [standard](/usc/42/1320d.md?p=7) than the [standards](/usc/42/1320d.md?p=7) applied under title V of the Rehabilitation Act of 1973 ([29 U.S.C. 790](/usc/29/790.md) et seq.) or the regulations issued by Federal agencies pursuant to such title.
- (b) **Relationship to other laws—** Nothing in this chapter shall be construed to invalidate or limit the remedies, rights, and procedures of any Federal law or law of any [State](/usc/42/12103.md?p=2) or political subdivision of any [State](/usc/42/12103.md?p=2) or jurisdiction that provides greater or equal protection for the rights of individuals with [disabilities](/usc/42/12102.md?p=1) than are afforded by this chapter. Nothing in this chapter shall be construed to preclude the prohibition of, or the imposition of restrictions on, smoking in places of employment covered by subchapter I, in transportation covered by subchapter II or III, or in places of public accommodation covered by subchapter III.
- (c) **Insurance—** Subchapters I through III of this chapter and title IV of this Act shall not be construed to prohibit or restrict—
  - (1) an insurer, [hospital](/usc/42/1395dd.md?p=e-5) or medical service company, health maintenance organization, or any agent, or entity that administers benefit plans, or similar organizations from underwriting risks, classifying risks, or administering such risks that are based on or not inconsistent with [State](/usc/42/12103.md?p=2) law; or
  - (2) a [person](/usc/42/1320a–7k.md?p=d-4-C-i) or organization covered by this chapter from establishing, sponsoring, observing or administering the terms of a bona fide benefit plan that are based on underwriting risks, classifying risks, or administering such risks that are based on or not inconsistent with [State](/usc/42/12103.md?p=2) law; or
  - (3) a [person](/usc/42/1320a–7k.md?p=d-4-C-i) or organization covered by this chapter from establishing, sponsoring, observing or administering the terms of a bona fide benefit plan that is not subject to [State](/usc/42/12103.md?p=2) laws that regulate insurance.

  Paragraphs [(1)](#c-1), [(2)](#c-2), and [(3)](#c-3) shall not be used as a subterfuge to evade the purposes of subchapter[^1] I and III.

- (d) **Accommodations and services—** Nothing in this chapter shall be construed to require an [individual with a disability](/usc/42/12210.md?p=a) to accept an accommodation, aid, service, opportunity, or benefit which such individual chooses not to accept.
- (e) **Benefits under State worker’s compensation laws—** Nothing in this chapter alters the [standards](/usc/42/1320d.md?p=7) for determining eligibility for benefits under [State](/usc/42/12103.md?p=2) worker’s compensation laws or under [State](/usc/42/12103.md?p=2) and Federal [disability](/usc/42/12102.md?p=1) benefit [programs](/usc/42/274l–1.md?p=4).
- (f) **Fundamental alteration—** Nothing in this chapter alters the provision of [section 12182(b)(2)(A)(ii) of this title](/usc/42/12182.md?p=b-2-A-ii), specifying that reasonable [modifications](/usc/42/7501.md?p=4) in policies, [practices](/usc/42/17061.md?p=19), or procedures shall be required, unless an entity can demonstrate that making such [modifications](/usc/42/7501.md?p=4) in policies, [practices](/usc/42/17061.md?p=19), or procedures, including academic requirements in postsecondary education, would fundamentally alter the nature of the goods, services, [facilities](/usc/42/11049.md?p=4), privileges, advantages, or accommodations involved.
- (g) **Claims of no disability—** Nothing in this chapter shall provide the basis for a [claim](/usc/42/1320a–7a.md?p=i-2) by an individual without a [disability](/usc/42/12102.md?p=1) that the individual was subject to discrimination because of the individual’s lack of [disability](/usc/42/12102.md?p=1).
- (h) **Reasonable accommodations and modifications—** A covered entity under subchapter I, a public entity under subchapter II, and any [person](/usc/42/1320a–7k.md?p=d-4-C-i) who owns, leases (or leases to), or operates a place of public accommodation under subchapter III, need not provide a reasonable accommodation or a reasonable [modification](/usc/42/7501.md?p=4) to policies, [practices](/usc/42/17061.md?p=19), or procedures to an individual who meets the definition of [disability](/usc/42/12102.md?p=1) in [section 12102(1) of this title](/usc/42/12102.md?p=1) solely under [subparagraph (C)](/usc/42/12102.md?p=1-C) of such section.

# §12202. State immunity


A [State](/usc/42/12103.md?p=2) shall not be immune under the eleventh amendment to the Constitution of the [United States](/usc/42/403.md?p=k) from an action in[^1] Federal or [State](/usc/42/12103.md?p=2) court of competent jurisdiction for a [violation](/usc/42/2000e–16a.md?p=c) of this chapter. In any action against a [State](/usc/42/12103.md?p=2) for a [violation](/usc/42/2000e–16a.md?p=c) of the requirements of this chapter, remedies (including remedies both at law and in equity) are available for such a [violation](/usc/42/2000e–16a.md?p=c) to the same extent as such remedies are available for such a [violation](/usc/42/2000e–16a.md?p=c) in an action against any public or [private entity](/usc/42/12181.md?p=6) other than a [State](/usc/42/12103.md?p=2).


# §12203. Prohibition against retaliation and coercion

- (a) **Retaliation—** No [person](/usc/42/1320a–7k.md?p=d-4-C-i) shall discriminate against any individual because such individual has opposed any act or practice made unlawful by this chapter or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this chapter.
- (b) **Interference, coercion, or intimidation—** It shall be unlawful to coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by this chapter.
- (c) **Remedies and procedures—** The remedies and procedures available under sections [12117](/usc/42/12117.md), [12133](/usc/42/12133.md), and [12188](/usc/42/12188.md) of this title shall be available to aggrieved [persons](/usc/42/1320a–7k.md?p=d-4-C-i) for [violations](/usc/42/2000e–16a.md?p=c) of subsections [(a)](#a) and [(b)](#b), with respect to subchapter I, subchapter II and subchapter III, respectively.

# §12204. Regulations by Architectural and Transportation Barriers Compliance Board

- (a) **Issuance of guidelines—** Not later than 9 months after July 26, 1990, the Architectural and Transportation Barriers Compliance [Board](/usc/42/10261.md?p=2) shall issue minimum guidelines that shall supplement the existing Minimum Guidelines and Requirements for Accessible Design for purposes of subchapters II and III of this chapter.
- (b) **Contents of guidelines—** The supplemental guidelines issued under [subsection (a)](#a) shall establish additional requirements, consistent with this chapter, to ensure that [buildings](/usc/42/6881.md?p=i-3), [facilities](/usc/42/11049.md?p=4), rail passenger cars, and vehicles are accessible, in terms of architecture and design, transportation, and communication, to individuals with [disabilities](/usc/42/12102.md?p=1).
- (c) **Qualified historic properties—**
  - (1) **In general—** The supplemental guidelines issued under [subsection (a)](#a) shall include procedures and requirements for alterations that will threaten or destroy the historic significance of qualified historic [buildings](/usc/42/6881.md?p=i-3) and [facilities](/usc/42/11049.md?p=4) as defined in 4.1.7(1)(a) of the Uniform Federal Accessibility [Standards](/usc/42/1320d.md?p=7).
  - (2) **Sites eligible for listing in National Register—** With respect to alterations of [buildings](/usc/42/6881.md?p=i-3) or [facilities](/usc/42/11049.md?p=4) that are eligible for listing in the National Register of Historic Places under division A of subtitle III of [title 54](/usc/54.md), the guidelines described in [paragraph (1)](#c-1) shall, at a minimum, maintain the procedures and requirements established in 4.1.7(1) and (2) of the Uniform Federal Accessibility [Standards](/usc/42/1320d.md?p=7).
  - (3) **Other sites—** With respect to alterations of [buildings](/usc/42/6881.md?p=i-3) or [facilities](/usc/42/11049.md?p=4) designated as historic under [State](/usc/42/12103.md?p=2) or local law, the guidelines described in [paragraph (1)](#c-1) shall establish procedures equivalent to those established by 4.1.7(1)(b) and (c) of the Uniform Federal Accessibility [Standards](/usc/42/1320d.md?p=7), and shall require, at a minimum, compliance with the requirements established in 4.1.7(2) of such [standards](/usc/42/1320d.md?p=7).

# §12205. Attorney’s fees


In any action or administrative proceeding commenced pursuant to this chapter, the court or agency, in its discretion, may allow the prevailing party, other than the [United States](/usc/42/403.md?p=k), a reasonable attorney’s fee, including litigation expenses, and costs, and the [United States](/usc/42/403.md?p=k) shall be liable for the foregoing the same as a private individual.


# §12205a. Rule of construction regarding regulatory authority


The authority to issue regulations granted to the Equal Employment Opportunity [Commission](/usc/42/2000ff.md?p=1), the [Attorney General](/usc/42/14902.md?p=6), and the [Secretary](/usc/42/242q–4.md?p=2) of Transportation under this chapter includes the authority to issue regulations implementing the definitions of [disability](/usc/42/12102.md?p=1) in [section 12102 of this title](/usc/42/12102.md) (including rules of [construction](/usc/42/7479.md?p=2-C)) and the definitions in [section 12103 of this title](/usc/42/12103.md), consistent with the ADA Amendments Act of 2008.


# §12206. Technical assistance

- (a) **Plan for assistance—**
  - (1) **In general—** Not later than 180 days after July 26, 1990, the [Attorney General](/usc/42/14902.md?p=6), in consultation with the Chair of the Equal Employment Opportunity [Commission](/usc/42/2000ff.md?p=1), the [Secretary](/usc/42/242q–4.md?p=2) of Transportation, the Chair of the Architectural and Transportation Barriers Compliance [Board](/usc/42/10261.md?p=2), and the Chairman of the Federal Communications [Commission](/usc/42/2000ff.md?p=1), shall develop a plan to assist entities covered under this chapter, and other Federal agencies, in understanding the responsibility of such entities and agencies under this chapter.
  - (2) **Publication of plan—** The [Attorney General](/usc/42/14902.md?p=6) shall publish the plan referred to in [paragraph (1)](#a-1) for public comment in accordance with subchapter II of [chapter 5](/usc/5/chptI-ch5.md) of title 5 (commonly known as the Administrative Procedure Act).
- (b) **Agency and public assistance—** The [Attorney General](/usc/42/14902.md?p=6) may obtain the assistance of other Federal agencies in carrying out [subsection (a)](#a), including the National [Council](/usc/42/300f.md?p=9) on [Disability](/usc/42/12102.md?p=1), the President’s Committee on Employment of People with [Disabilities](/usc/42/12102.md?p=1), the Small Business Administration, and the Department of [Commerce](/usc/42/6311.md?p=7).
- (c) **Implementation—**
  - (1) **Rendering assistance—** Each Federal agency that has responsibility under [paragraph (2)](#c-2) for implementing this chapter may render technical assistance to individuals and institutions that have rights or duties under the respective subchapter or subchapters of this chapter for which such agency has responsibility.
  - (2) **Implementation of subchapters—**
    - (A) **Subchapter I—** The Equal Employment Opportunity [Commission](/usc/42/2000ff.md?p=1) and the [Attorney General](/usc/42/14902.md?p=6) shall implement the plan for assistance developed under [subsection (a)](#a), for subchapter I.
    - (B) **Subchapter II—**
      - (i) **Part A—** The [Attorney General](/usc/42/14902.md?p=6) shall implement such plan for assistance for part A of subchapter II.
      - (ii) **Part B—** The [Secretary](/usc/42/242q–4.md?p=2) of Transportation shall implement such plan for assistance for part B of subchapter II.
    - (C) **Subchapter III—** The [Attorney General](/usc/42/14902.md?p=6), in coordination with the [Secretary](/usc/42/242q–4.md?p=2) of Transportation and the Chair of the Architectural Transportation Barriers Compliance [Board](/usc/42/10261.md?p=2), shall implement such plan for assistance for subchapter III, except for [section 12184 of this title](/usc/42/12184.md), the plan for assistance for which shall be implemented by the [Secretary](/usc/42/242q–4.md?p=2) of Transportation.
    - (D) **Title IV—** The Chairman of the Federal Communications [Commission](/usc/42/2000ff.md?p=1), in coordination with the [Attorney General](/usc/42/14902.md?p=6), shall implement such plan for assistance for title IV.
  - (3) **Technical assistance manuals—** Each Federal agency that has responsibility under [paragraph (2)](#c-2) for implementing this chapter shall, as part of its implementation responsibilities, ensure the availability and provision of appropriate technical assistance manuals to individuals or entities with rights or duties under this chapter no later than six months after applicable final regulations are published under subchapters I, II, and III and title IV.
- (d) **Grants and contracts—**
  - (1) **In general—** Each Federal agency that has responsibility under [subsection (c)(2)](#c-2) for implementing this chapter may make grants or award contracts to effectuate the purposes of this section, subject to the availability of appropriations. Such grants and contracts may be awarded to individuals, institutions not organized for profit and no part of the net earnings of which inures to the benefit of any private shareholder or individual (including educational institutions), and associations representing individuals who have rights or duties under this chapter. Contracts may be awarded to entities organized for profit, but such entities may not be the [recipients](/usc/42/2996a.md?p=6) or[^1] grants described in this paragraph.
  - (2) **Dissemination of information—** Such grants and contracts, among other uses, may be designed to ensure wide dissemination of information about the rights and duties established by this chapter and to provide information and technical assistance about techniques for effective compliance with this chapter.
- (e) **Failure to receive assistance—** An employer, public accommodation, or other entity covered under this chapter shall not be excused from compliance with the requirements of this chapter because of any failure to receive technical assistance under this section, including any failure in the development or dissemination of any technical assistance manual authorized by this section.

# §12207. Federal wilderness areas

- (a) **Study—** The National [Council](/usc/42/300f.md?p=9) on [Disability](/usc/42/12102.md?p=1) shall conduct a study and report on the effect that wilderness designations and wilderness land management [practices](/usc/42/17061.md?p=19) have on the ability of individuals with [disabilities](/usc/42/12102.md?p=1) to use and enjoy the National Wilderness Preservation System as established under the Wilderness Act ([16 U.S.C. 1131](/usc/16/1131.md) et seq.).
- (b) **Submission of report—** Not later than 1 year after July 26, 1990, the National [Council](/usc/42/300f.md?p=9) on [Disability](/usc/42/12102.md?p=1) shall submit the report required under [subsection (a)](#a) to Congress.
- (c) **Specific wilderness access—**
  - (1) **In general—** Congress reaffirms that nothing in the Wilderness Act [[16 U.S.C. 1131](/usc/16/1131.md) et seq.] is to be construed as prohibiting the use of a [wheelchair](#c-2) in a wilderness area by an individual whose [disability](/usc/42/12102.md?p=1) requires use of a [wheelchair](#c-2), and consistent with the Wilderness Act no agency is required to provide any form of special [treatment](/usc/42/11851.md?p=11) or accommodation, or to construct any [facilities](/usc/42/11049.md?p=4) or modify any conditions of lands within a wilderness area in order to facilitate such use.
  - (2) **“Wheelchair” defined—** For purposes of [paragraph (1)](#c-1), the term “wheelchair” means a device designed solely for use by a mobility-impaired [person](/usc/42/1320a–7k.md?p=d-4-C-i) for locomotion, that is suitable for use in an indoor pedestrian area.

# §12208. Transvestites


For the purposes of this chapter, the term “disabled” or “[disability](/usc/42/12102.md?p=1)” shall not apply to an individual solely because that individual is a transvestite.


# §12209. Instrumentalities of Congress


The Government Accountability [Office](/usc/42/3058f.md?p=1), the Government Publishing Office, and the Library of Congress shall be covered as follows:

- (1) **In general—** The rights and protections under this chapter shall, subject to [paragraph (2)](#2), apply with respect to the conduct of each [instrumentality of the Congress](#4).
- (2) **Establishment of remedies and procedures by instrumentalities—** The chief official of each [instrumentality of the Congress](#4) shall establish remedies and procedures to be utilized with respect to the rights and protections provided pursuant to [paragraph (1)](#1).
- (3) **Report to Congress—** The chief official of each [instrumentality of the Congress](#4) shall, after establishing remedies and procedures for purposes of [paragraph (2)](#2), submit to the Congress a report describing the remedies and procedures.
- (4) **Definition of instrumentalities—** For purposes of this section, the term “instrumentality of the Congress” means the following:,[^1] the Government Accountability [Office](/usc/42/3058f.md?p=1), the Government Publishing Office, and the Library of Congress,.[^1]
- (5) **Enforcement of employment rights—** The remedies and procedures set forth in [section 2000e–16 of this title](/usc/42/2000e–16.md) shall be available to any [employee](/usc/42/1320a–7h.md?p=e-7) of an [instrumentality of the Congress](#4) who alleges a [violation](/usc/42/2000e–16a.md?p=c) of the rights and protections under [sections 12112 through 12114](/usc/42/12112..12114.md) of this title that are made applicable by this section, except that the authorities of the Equal Employment Opportunity [Commission](/usc/42/2000ff.md?p=1) shall be exercised by the chief official of the [instrumentality of the Congress](#4).
- (6) **Enforcement of rights to public services and accommodations—** The remedies and procedures set forth in [section 2000e–16 of this title](/usc/42/2000e–16.md) shall be available to any qualified [person](/usc/42/1320a–7k.md?p=d-4-C-i) with a [disability](/usc/42/12102.md?p=1) who is a visitor, guest, or patron of an instrumentality of Congress and who alleges a [violation](/usc/42/2000e–16a.md?p=c) of the rights and protections under [sections 12131 through 12150](/usc/42/12131..12150.md) of this title or section [12182](/usc/42/12182.md) or [12183](/usc/42/12183.md) of this title that are made applicable by this section, except that the authorities of the Equal Employment Opportunity [Commission](/usc/42/2000ff.md?p=1) shall be exercised by the chief official of the [instrumentality of the Congress](#4).
- (7) **Construction—** Nothing in this section shall alter the enforcement procedures for individuals with [disabilities](/usc/42/12102.md?p=1) provided in the General Accounting [Office](/usc/42/3058f.md?p=1) Personnel Act of 1980 and regulations promulgated pursuant to that Act.

# §12210. Illegal use of drugs

- (a) **In general—** For purposes of this chapter, the term “individual with a disability” does not include an individual who is currently engaging in the [illegal use of drugs](#d-1), when the covered entity acts on the basis of such use.
- (b) **Rules of construction—** Nothing in [subsection (a)](#a) shall be construed to exclude as an [individual with a disability](#a) an individual who—
  - (1) has successfully completed a supervised [drug](#d-2) rehabilitation [program](/usc/42/274l–1.md?p=4) and is no longer engaging in the [illegal use of drugs](#d-1), or has otherwise been rehabilitated successfully and is no longer engaging in such use;
  - (2) is participating in a supervised rehabilitation [program](/usc/42/274l–1.md?p=4) and is no longer engaging in such use; or
  - (3) is erroneously regarded as engaging in such use, but is not engaging in such use;

  except that it shall not be a [violation](/usc/42/2000e–16a.md?p=c) of this chapter for a covered entity to adopt or administer reasonable policies or procedures, including but not limited to [drug](#d-2) testing, designed to ensure that an individual described in paragraph [(1)](#b-1) or [(2)](#b-2) is no longer engaging in the [illegal use of drugs](#d-1); however, nothing in this section shall be construed to encourage, prohibit, restrict, or authorize the conducting of testing for the [illegal use of drugs](#d-1).

- (c) **Health and other services—** Notwithstanding [subsection (a)](#a) and [section 12211(b)(3) of this title](/usc/42/12211.md?p=b-3), an individual shall not be denied health services, or services provided in connection with [drug](#d-2) rehabilitation, on the basis of the current [illegal use of drugs](#d-1) if the individual is otherwise entitled to such services.
- (d) **“Illegal use of drugs” defined—**
  - (1) **In general—** The term “illegal use of drugs” means the use of [drugs](#d-2), the possession or distribution of which is unlawful under the Controlled Substances Act [[21 U.S.C. 801](/usc/21/801.md) et seq.]. Such term does not include the use of a [drug](#d-2) taken under supervision by a licensed health care professional, or other uses authorized by the Controlled Substances Act or other provisions of Federal law.
  - (2) **Drugs—** The term “drug” means a [controlled substance](/usc/42/11851.md?p=2), as defined in schedules I through V of section 202 of the Controlled Substances Act [[21 U.S.C. 812](/usc/21/812.md)].

# §12211. Definitions

- (a) **Homosexuality and bisexuality—** For purposes of the definition of “[disability](/usc/42/12102.md?p=1)” in [section 12102(2)](/usc/42/12102.md?p=2)[^1] of this title, homosexuality and bisexuality are not impairments and as such are not [disabilities](/usc/42/12102.md?p=1) under this chapter.
- (b) **Certain conditions—** Under this chapter, the term “[disability](/usc/42/12102.md?p=1)” shall not include—
  - (1) transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders;
  - (2) compulsive gambling, kleptomania, or pyromania; or
  - (3) psychoactive substance use disorders resulting from current illegal use of [drugs](/usc/42/282.md?p=j-1-A-vii).

# §12212. Alternative means of dispute resolution


Where appropriate and to the extent authorized by law, the use of alternative means of dispute resolution, including settlement negotiations, conciliation, facilitation, mediation, factfinding, minitrials, and arbitration, is encouraged to resolve disputes arising under this chapter.


# §12213. Severability


Should any provision in this chapter be found to be unconstitutional by a court of law, such provision shall be severed from the remainder of the chapter, and such action shall not affect the enforceability of the remaining provisions of the chapter.