§12201 Construction

Summary

Makes the chapter at least as strong as the rules in title V of the Rehabilitation Act of 1973 (29 U.S.C. 790 et seq.). It also lets any federal, state, or local law that gives equal or better protection for people with disabilities stay in effect. Smoking bans in workplaces, on transportation, or in places open to the public may still be enforced. Does not stop insurers, hospitals, HMOs, benefit-plan administrators, or similar groups from underwriting, classifying, or managing risks under State law. It also does not stop organizations from running genuine benefit plans that use those underwriting rules, including plans not covered by State insurance law. The law does not force a person with a disability to accept an accommodation they do not want. It does not change worker’s compensation or disability-benefit eligibility rules. The rule about reasonable modifications under section 12182(b)(2)(A)(ii) still applies, including the exception for changes that would fundamentally alter goods or services. A person without a disability cannot claim discrimination for not having a disability. Entities do not have to provide an accommodation to someone who is considered disabled only under subparagraph (C) of section 12102(1).