The Americans with Disabilities Act of 1990 as amended in 2008 prohibits discrimination based on disability, a "a physical or mental impairment that substantially limits a major life activity." Examples of "major life activities" include, but are not limited to, "caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working" as well as the operation of several specified "major bodily functions." Certain specific conditions are excluded as disabilities, such as current substance abuse and visual impairment which is correctable by prescription lenses.

Title I - Employment

Title I states that a covered entity shall not discriminate against a qualified individual with a disability. Covered entity generally refers to an employer engaged in interstate commerce and having 15 or more workers. This applies to job application procedures, hiring, advancement and discharge of employees, workers' compensation, job training, and other terms, conditions, and privileges of employment. Discrimination may include, among other things, limiting or classifying a job applicant or employee in an adverse way, denying employment opportunities to people who truly qualify, or not making reasonable accommodations to the known physical or mental limitations of disabled employees, not advancing employees with disabilities in the business, and/or not providing needed accommodations in training. The City of San Antonio is requesting that all subrecipients of CDBG and HOME funds complete the self-evaluation questionnaire to help you meet your obligations under ADA.

Title II - Public Entities

Title II prohibits disability discrimination by all public entities at the local (i.e. school district, municipal, city, county) and state level. These regulations cover access to all programs and services offered by the entity. Access includes physical access described in the ADA Standards for Accessible Design and programmatic access that might be obstructed by discriminatory policies or procedures of the entity.

Title III - Public Accommodations (and Commercial Facilities)

Title III requires public accommodations to provide goods and services to people with disabilities on an equal basis with the rest of the general public.  The regulations require that architectural and communication barriers that are structural must be removed in public areas of existing facilities when their removal is readily achievable - in other words easily accomplished and able to be carried out without much difficulty or expense.  Public accommodations that must meet the barrier removal requirement include a broad range of establishments (both for-profit and non-profit) - primarily places that serve the public.  People who own, lease, lease out, or operate places of public accommodation in existing buildings are responsible for complying with the barrier removal requirement. 

Under Title III, all "new construction" (construction, modification or alterations) after the effective date of the ADA (approximately July 1992) must be fully compliant with the Americans With Disabilities Act Accessibility Guidelines ("ADAAG") found in the Code of Federal Regulations at 28 C.F.R., Part 36, Appendix "A."

The City of San Antonio is requesting that all subrecipients of CDBG and HOME funds complete the checklist for existing facilities to help you identify accessibility problems and solutions in existing facilities in order to meet your obligations under ADA.  The Department of Justice recommends the development of an Implementation Plan, specifying what improvements you will make to remove barriers and when each solution will be carried out could serve as evidence of a good faith effort to comply with the act.  If there are deficiencies an Implementation Plan must be provided to GMA.