AMERICANS WITH DISABILITIES ACT (ADA)
The Americans With Disabilities Act (ADA) took effect January 26, 1992. This sweeping law is designed to protect the rights of disabled persons to access public accommodations (which includes all lodging and foodservice establishments), transportation, communications and employment. This is a complex and sometimes ambiguous law, which imposes significant obligations on lodging properties.
- Title I of the ADA prohibits lodging operators from discriminating against employees or job applicants with disabilities or perceived disabilities.
- Title III of the ADA prohibits lodging operators from discriminating against customers with disabilities or perceived disabilities.
Title I of the law covers employers of 15 or more employees. It instructs employers to make reasonable accommodation to allow individuals with disabilities to perform the essential functions of a job. An accommodation is not required unless it is reasonable and will not impose an undue hardship on the employer. An undue hardship is defined as an action requiring significant difficulty or expense -- i.e. an action that is unduly costly, extensive, substantial, disruptive or that will fundamentally alter the nature of services offered. Factors such as size of business, its overall financial resources and the cost of the accommodation will be taken into consideration.
Title III of the ADA bans discrimination against people with disabilities by places of public accommodation, which includes lodging properties, restaurants and bars. Title III is designed to ensure that all individuals can participate equally in the goods and services that public accommodations offer.
The act also mandates that any future construction and renovation meet strict guidelines to ensure that the lodging properties are accessible to people with disabilities.
Department of Justice ADA Home Page
Service Animals Federal Law
Maine Statutes on Accessibility
(Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES; PART 12 - HUMAN RIGHTS; CHAPTER 337 HUMAN RIGHTS ACT; SUBCHAPTER V - PUBLIC ACCOMMODATIONS; SECTION 4593-4594d)
- Existing Facilities
- Public Accommodations and places of employment constructed, remodeled or enlarged after 1/1/82
- Public Accommodations and places of employment constructed, remodeled or enlarged after 1/1/84
- Public Accommodations and places of employment constructed, remodeled or enlarged after 1/1/88
- Public Accommodations and places of employment constructed, remodeled or enlarged after 9/1/88
- Public Accommodations and places of employment constructed, remodeled or enlarged after 1/1/91
Release Date: 12/11/2000 12:00:00 AM