§12201 Construction

Summary

Makes sure the rules here do not weaken protections that already exist under Title V of the Rehabilitation Act of 1973 (29 U.S.C. 790 et seq.) or the federal rules made under that title. It also does not cancel or cut back any right or remedy in other federal, state, or local laws that give equal or better protection for people with disabilities. Employers, transit systems, and places open to the public can still ban or limit smoking. Insurers and organizations that run health or benefit plans may underwrite, classify, and manage risks under state law or under plans not covered by state insurance rules, as long as they are not using those powers to dodge the chapter’s goals. People with disabilities do not have to accept an accommodation or service they do not want. This chapter does not change who gets workers’ compensation or disability benefits under state or federal programs. Reasonable policy or procedure changes must be made unless doing them would fundamentally change the goods or services (see 42 U.S.C. 12182(b)(2)(A)(ii)). No one without a disability can claim discrimination for lacking a disability. Covered entities do not have to provide reasonable accommodations to someone whose disability status is based only on subparagraph (C) of section 12102(1).