In general
29 U.S.C. 790Except as otherwise provided in this chapter, nothing in this chapter shall be construed to apply a lesser standard than the standards applied under title V of the Rehabilitation Act of 1973 ( et seq.) or the regulations issued by Federal agencies pursuant to such title.
Relationship to other laws
Nothing in this chapter 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 chapter. Nothing in this chapter shall be construed to preclude the prohibition of, or the imposition of restrictions on, smoking in places of employment covered by subchapter I, in transportation covered by subchapter II or III, or in places of public accommodation covered by subchapter III.
Insurance
Accommodations and services
Nothing in this chapter 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.
Benefits under State worker’s compensation laws
Nothing in this chapter alters the standards for determining eligibility for benefits under State worker’s compensation laws or under State and Federal disability benefit programs.
Fundamental alteration
section 12182(b)(2)(A)(ii) of this titleNothing in this chapter alters the provision of , 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.
Claims of no disability
Nothing in this chapter 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.
Reasonable accommodations and modifications
section 12102(1) of this titleA covered entity under subchapter I, a public entity under subchapter II, and any person who owns, leases (or leases to), or operates a place of public accommodation under subchapter 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 solely under subparagraph (C) of such section.
Pub. L. 101–336, title V, § 501104 Stat. 369Pub. L. 110–325, § 6(a)(1)122 Stat. 3557(, , ; , , .)
Editorial Notes
References in Text
Pub. L. 101–336104 Stat. 327section 12101 of this titleThis chapter, referred to in text, was in the original “this Act”, meaning , , , which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Pub. L. 93–11287 Stat. 355section 701 of Title 29The Rehabilitation Act of 1973, referred to in subsec. (a), is , , . Title V of the Rehabilitation Act of 1973 is classified generally to subchapter V (§ 790 et seq.) of chapter 16 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Pub. L. 101–336104 Stat. 366section 225 of Title 47Title IV of this Act, referred to in subsec. (c), means title IV of , , , which enacted , Telecommunications, and amended sections 152, 221, and 611 of Title 47.
Amendments
Pub. L. 110–3252008—Subsecs. (e) to (h). added subsecs. (e) to (h).
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Pub. L. 110–325section 8 of Pub. L. 110–325section 705 of Title 29Amendment by effective , see , set out as a note under , Labor.