Americans With Disabilities Act -- Title II

Americans With Disabilities Act--Title II

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The following information regarding the Americans with Disabilities Act--Title II is brought to you as a public service by the lawyers of the State of Oregon. The material presented is general legal information intended to alert you to possible legal problems and solutions.

Title II of the ADA says that a qualified person with a disability shall not be denied the benefits of, excluded from participation in, or subjected to discrimination under any program, services, or activity conducted by city, county and state governmental entities. Title II covers all state and local government activities, including the courts, the police department, schools, public housing authorities, and social service agencies. To be a qualified individual with a disability for purposes of Title II, a person must be eligible for certain services or participation in certain programs or activities. Public programs may not refuse to allow a person with a disability from participating in any program, service and activity and must provide the most integrated setting possible. This means, for example, that court proceedings and public meetings must be held in a place that is accessible to people with mobility impairments. Auxiliary aids and services - such as sign language interpreters and TTY machines - must be provided to ensure effective communication. And materials and information must be provided in a format useable by people with visual impairments.

All public entities must insure that their employment practices, policies and procedures do not discriminate against individuals with disabilities. The requirements related to employment are covered under Title I of the ADA, which is covered in Americans with Disabilities Act - Title I. For employment purposes, a qualified individual with a disability must be able to perform the essential functions of the job either with or without reasonable accommodation. This applies to job application procedures; hiring, advancement or discharge; employment compensation; job training; and other terms, conditions and privileges of employment.

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