Under Title I, transit providers, when acting as employers, must provide "reasonable accommodations" to "qualified individuals." "Qualified Individuals" must meet criteria required for disability status and possess the skills necessary to perform the job functions with or without reasonable accommodations. Reasonable accommodations can consist of many different options including flexible hours, job restructuring, architectural barrier removal or the incorporation of special devices. Title I is enforced by the U.S. Equal Employment Opportunity Commission (EEOC).
Public entities acting as transportation providers cannot discriminate against qualified individuals by suggesting the use of designated seats, requiring attendants, imposing special fees, restricting the use of legitimate service animals or limiting equal enjoyment to all services provided. Transit providers of "fixed route systems," which follow a certain route and schedule, must provide lifts for wheelchairs as well as securement devices. Title II also requires non-slip flooring, illumination, minimum door widths, hand rails, reasonable accommodations, stop announcements and alternative accessible communication for riders with impaired hearing, vision or speech.
Under Title II, fixed route providers must make para-transit service available to those who cannot utilize standard public transit. Certain individuals have special circumstances preventing their use of the conventional transit system such as their geographic location, various obstacles, the inability to navigate independently, special scheduling needs or specific accessible transportation requirements making them eligible for para-transit. A system to determine user eligibility for this service is outlined in the ADA and Title II transportation issues are enforced by the Federal Transit Administration of the U.S. Department of Transportation.
Title III contains similar provisions prohibiting discrimination to individuals with disabilities found in Title II, but it is specifically applicable to private entities. Public accommodations, including transportation services and transit facilities, when operated by private entities are required to comply with this. Enforcement of Title III is split between the Department of Justice (DOJ) Civil Rights Division and the DOT.
The Architectural and Transportation Barriers Compliance Board (Access Board) is currently reviewing accessibility guidelines for buses and vans. The Access Board is responsible for interpreting the requirements of the ADA and issuing guidelines. Proposed changes affecting transit providers include ramp slopes, over-the-road-buses, circulation paths to boarding areas, automated stop announcements, wheelchair maneuvering clearances and securing systems. The ADA, with its supporting guidelines, is a "living document" that prohibits discrimination to individuals with disabilities in public transit systems today and can be adapted to address the uncertain accessibility issues of tomorrow.
