§ 12201. Construction

Footnotes

1. 1 So in original. Probably should be “subchapters”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1990

   Pub. L. 101–336 title V § 501 · 104 Stat. 327

   Enacted · 42 U.S.C. § 12201

   Pub. L. 101–336, title V, § 501, July 26, 1990, 104 Stat. 369

   Source evidence

   Code source credit
   Pub. L. 101–336, title V, § 501, July 26, 1990, 104 Stat. 369

   Enacted provision · exact public law section
   SEC. 501. CONSTRUCTION. (a) In General.— Except as otherwise provided in this Act, nothing in this Act shall be construed to apply a lesser standard than the standards applied under title V of the Rehabilitation Act of 1973 (29 U.S.C. 790 et seq.) or the regulations issued by Federal agencies pursuant to such title. (b) Relationship to Other Laws.— Nothing in this Act shall be construed to invalidate or limit the remedies, rights, and procedures of any Federal law or law of any State or political subdivision of any State or jurisdiction that provides greater or equal protection for the rights of individuals with disabilities than are afforded by this Act. Nothing in this Act shall be construed to preclude the prohibition of, or the imposition of restrictions on, smoking in places of employment covered by title I, in transportation covered by title II or III, or in places of public accommodation covered by title III. (c) Insurance.— Titles I through IV of this Act shall not be construed to prohibit or restrict— (1) an insurer, hospital or medical service company, health maintenance organization, or any agent, or entity that administers benefit plans, or similar organizations from underwriting risks, classifying risks, or administering such risks that are based on or not inconsistent with State law; or (2) a person or organization covered by this Act from establishing, sponsoring, observing or administering the terms of a bona fide benefit plan that are based on underwriting risks, classifying risks, or administering such risks that are based on or not inconsistent with State law; or (3) a person or organization covered by this Act from establishing, sponsoring, observing or administering the terms of a bona fide benefit plan that is not subject to State laws that regulate insurance. Paragraphs (1), (2), and (3) shall not be used as a subterfuge to evade the purposes of title I and III. (d) Accommodations and Services.— Nothing in this Act shall be construed to require an individual with a disability to accept an accommodation, aid, service, opportunity, or benefit which such individual chooses not to accept.

2. 2008

   ADA Amendments Act of 2008

   Pub. L. 110–325 § 6(a)(1) · 122 Stat. 3553

   Added · 42 U.S.C. § 12201(e)(h)

   Pub. L. 110–325 added subsecs. (e) to (h)

   Source evidence

   Code amendment note
   Subsecs. (e) to (h). Pub. L. 110–325 added subsecs. (e) to (h).

   Enacted provision · exact public law section
   (1) by adding at the end of section 501 42 USC 12201. the following: “(e) Benefits Under State Worker’s Compensation Laws.— Nothing in this Act alters the standards for determining eligibility for benefits under State worker’s compensation laws or under State and Federal disability benefit programs. “(f) Fundamental Alteration.— Nothing in this Act alters the provision of section 302(b)(2)(A)(ii), specifying that reasonable modifications in policies, practices, or procedures shall be required, unless an entity can demonstrate that making such modifications in policies, practices, or procedures, including academic requirements in postsecondary education, would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations involved. “(g) Claims of No Disability.— Nothing in this Act shall provide the basis for a claim by an individual without a disability that the individual was subject to discrimination because of the individual’s lack of disability. “(h) Reasonable Accommodations and Modifications.— A covered entity under title I, a public entity under title II, and any person who owns, leases (or leases to), or operates a place of public accommodation under title III, need not provide a reasonable accommodation or a reasonable modification to policies, practices, or procedures to an individual who meets the definition of disability in section 3(1) solely under subparagraph (C) of such section.” ;

   Effective date note
   Amendment by Pub. L. 110–325 effective Jan. 1, 2009, see section 8 of Pub. L. 110–325, set out as a note under section 705 of Title 29, Labor.

2 of 2 references resolved to an enrolled provision