Title 42, The Public Health and WelfareRelease 119-110
§12182 Prohibition of Discrimination by Public Accommodations
Title 42 › CHAPTER 126 — EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES › SUBCHAPTER III — PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY PRIVATE ENTITIES › § 12182
Summary
Businesses and places open to the public must not treat people with disabilities worse or keep them from using the goods, services, facilities, privileges, advantages, or accommodations they offer. That means you cannot refuse someone, give them worse access, or push them into a separate program unless that separate option works just as well. Services must be given in the most integrated setting that fits the person’s needs. Owners and operators must not use rules, policies, or ways of running things that screen out or hurt people with disabilities. They must make reasonable changes to policies and provide needed aids or services unless doing so would fundamentally alter what they offer or cause an undue burden. They must remove structural and communication barriers in existing places when it is readily achievable, and if removal is not readily achievable, they must use other readily achievable methods to provide access. Private transportation operators have extra rules: buying or leasing vehicles with more than 16 seats (including the driver) after the 30th day following the effective date of the rule must result in vehicles that are accessible. If smaller vehicles are not accessible, the system must still provide overall service to people with disabilities that is equivalent to service for others. Over-the-road buses follow separate federal accessibility rules. Definitions: "individual or class of individuals" = the customers or clients involved in the contract or arrangement. "Direct threat" = a significant risk to others’ health or safety that cannot be removed by reasonable changes or aids.
Full Legal Text
Title 42, §12182
The Public Health and Welfare, Source: USLM XML via OLRC
(a)General rule
No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation.
(b)Construction
(1)General prohibition
(A)Activities
(i)Denial of participation
It shall be discriminatory to subject an individual or class of individuals on the basis of a disability or disabilities of such individual or class, directly, or through contractual, licensing, or other arrangements, to a denial of the opportunity of the individual or class to participate in or benefit from the goods, services, facilities, privileges, advantages, or accommodations of an entity.
(ii)Participation in unequal benefit
It shall be discriminatory to afford an individual or class of individuals, on the basis of a disability or disabilities of such individual or class, directly, or through contractual, licensing, or other arrangements with the opportunity to participate in or benefit from a good, service, facility, privilege, advantage, or accommodation that is not equal to that afforded to other individuals.
(iii)Separate benefit
It shall be discriminatory to provide an individual or class of individuals, on the basis of a disability or disabilities of such individual or class, directly, or through contractual, licensing, or other arrangements with a good, service, facility, privilege, advantage, or accommodation that is different or separate from that provided to other individuals, unless such action is necessary to provide the individual or class of individuals with a good, service, facility, privilege, advantage, or accommodation, or other opportunity that is as effective as that provided to others.
(iv)Individual or class of individuals
For purposes of clauses (i) through (iii) of this subparagraph, the term “individual or class of individuals” refers to the clients or customers of the covered public accommodation that enters into the contractual, licensing or other arrangement.
(B)Integrated settings
Goods, services, facilities, privileges, advantages, and accommodations shall be afforded to an individual with a disability in the most integrated setting appropriate to the needs of the individual.
(C)Opportunity to participate
Notwithstanding the existence of separate or different programs or activities provided in accordance with this section, an individual with a disability shall not be denied the opportunity to participate in such programs or activities that are not separate or different.
(D)Administrative methods
An individual or entity shall not, directly or through contractual or other arrangements, utilize standards or criteria or methods of administration—
(i)that have the effect of discriminating on the basis of disability; or
(ii)that perpetuate the discrimination of others who are subject to common administrative control.
(E)Association
It shall be discriminatory to exclude or otherwise deny equal goods, services, facilities, privileges, advantages, accommodations, or other opportunities to an individual or entity because of the known disability of an individual with whom the individual or entity is known to have a relationship or association.
(2)Specific prohibitions
(A)Discrimination
For purposes of subsection (a), discrimination includes—
(i)the imposition or application of eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully and equally enjoying any goods, services, facilities, privileges, advantages, or accommodations, unless such criteria can be shown to be necessary for the provision of the goods, services, facilities, privileges, advantages, or accommodations being offered;
(ii)a failure to make reasonable modifications in policies, practices, or procedures, when such modifications are necessary to afford such goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities, unless the entity can demonstrate that making such modifications would fundamentally alter the nature of such goods, services, facilities, privileges, advantages, or accommodations;
(iii)a failure to take such steps as may be necessary to ensure that no individual with a disability is excluded, denied services, segregated or otherwise treated differently than other individuals because of the absence of auxiliary aids and services, unless the entity can demonstrate that taking such steps would fundamentally alter the nature of the good, service, facility, privilege, advantage, or accommodation being offered or would result in an undue burden;
(iv)a failure to remove architectural barriers, and communication barriers that are structural in nature, in existing facilities, and transportation barriers in existing vehicles and rail passenger cars used by an establishment for transporting individuals (not including barriers that can only be removed through the retrofitting of vehicles or rail passenger cars by the installation of a hydraulic or other lift), where such removal is readily achievable; and
(v)where an entity can demonstrate that the removal of a barrier under clause (iv) is not readily achievable, a failure to make such goods, services, facilities, privileges, advantages, or accommodations available through alternative methods if such methods are readily achievable.
(B)Fixed route system
(i)Accessibility
It shall be considered discrimination for a private entity which operates a fixed route system and which is not subject to section 12184 of this title to purchase or lease a vehicle with a seating capacity in excess of 16 passengers (including the driver) for use on such system, for which a solicitation is made after the 30th day following the effective date of this subparagraph, that is not readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs.
(ii)Equivalent service
If a private entity which operates a fixed route system and which is not subject to section 12184 of this title purchases or leases a vehicle with a seating capacity of 16 passengers or less (including the driver) for use on such system after the effective date of this subparagraph that is not readily accessible to or usable by individuals with disabilities, it shall be considered discrimination for such entity to fail to operate such system so that, when viewed in its entirety, such system ensures a level of service to individuals with disabilities, including individuals who use wheelchairs, equivalent to the level of service provided to individuals without disabilities.
(C)Demand responsive system
For purposes of subsection (a), discrimination includes—
(i)a failure of a private entity which operates a demand responsive system and which is not subject to section 12184 of this title to operate such system so that, when viewed in its entirety, such system ensures a level of service to individuals with disabilities, including individuals who use wheelchairs, equivalent to the level of service provided to individuals without disabilities; and
(ii)the purchase or lease by such entity for use on such system of a vehicle with a seating capacity in excess of 16 passengers (including the driver), for which solicitations are made after the 30th day following the effective date of this subparagraph, that is not readily accessible to and usable by individuals with disabilities (including individuals who use wheelchairs) unless such entity can demonstrate that such system, when viewed in its entirety, provides a level of service to individuals with disabilities equivalent to that provided to individuals without disabilities.
(D)Over-the-road buses
(i)Limitation on applicability
Subparagraphs (B) and (C) do not apply to over-the-road buses.
(ii)Accessibility requirements
For purposes of subsection (a), discrimination includes (I) the purchase or lease of an over-the-road bus which does not comply with the regulations issued under section 12186(a)(2) of this title by a private entity which provides transportation of individuals and which is not primarily engaged in the business of transporting people, and (II) any other failure of such entity to comply with such regulations.
(3)Specific construction
Nothing in this subchapter shall require an entity to permit an individual to participate in or benefit from the goods, services, facilities, privileges, advantages and accommodations of such entity where such individual poses a direct threat to the health or safety of others. The term “direct threat” means a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices, or procedures or by the provision of auxiliary aids or services.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
For the
Effective Date
of this subparagraph, referred to in subsec. (b)(2)(B), (C)(ii), see section 310 of Pub. L. 101–336, set out as an
Effective Date
note under section 12181 of this title.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 18 months after
July 26, 1990, but with subsec. (a) of this section (for purposes of subsec. (b)(2)(B), (C) only) effective
July 26, 1990, and with certain qualifications with respect to bringing of civil actions, see section 310 of Pub. L. 101–336, set out as a note under section 12181 of this title.
Reference
Citations & Metadata
Citation
42 U.S.C. § 12182
Title 42, The Public Health and Welfare
Last Updated
Sep 22, 2026
Release point: 119-110