Frequently Asked Questions

Title III of the Americans with Disabilities Act (ADA) bars disability discrimination by private businesses that are places of public accommodation. The statute is 42 U.S.C. 12182, and the Department of Justice (DOJ) rules are at 28 CFR Part 36. Under 28 CFR 36.201(a), no individual may be denied the full and equal enjoyment of the goods, services, facilities, privileges, advantages or accommodations of a place of public accommodation on the basis of disability.

Who is covered. A place of public accommodation is a facility operated by a private entity whose operations affect commerce and that falls into at least one of 12 categories in 28 CFR 36.104. The categories include lodging, restaurants and bars, theaters and stadiums, stores, service establishments such as banks, pharmacies, law offices and health care provider offices, transit stations, museums, parks, private schools, social service centers, and gyms. A lodging place with five or fewer rooms for rent that the owner lives in is excluded. Part 36 also covers commercial facilities and private entities that offer certain examinations and courses (28 CFR 36.102).

Landlords and tenants. Both the landlord that owns the building and the tenant that operates the business are covered. A lease or other contract can allocate compliance duties between them (28 CFR 36.201(b)).

Core duties.

• Reasonable modifications. Policies, practices and procedures must be modified when needed for access, unless the change would fundamentally alter the goods or services (28 CFR 36.302(a)).
• Service animals. A service animal is generally allowed. Staff may ask only whether the animal is required because of a disability and what work or task it is trained to perform, and may not require documentation. An animal may be removed if it is out of control and the handler does not control it, or if it is not housebroken (28 CFR 36.302(c)).
• Auxiliary aids. Effective communication through aids such as qualified interpreters, notetakers and written materials is required unless it would cause a fundamental alteration or undue burden (28 CFR 36.303).
• Barrier removal. Architectural barriers in existing facilities must be removed where readily achievable, meaning easily accomplishable without much difficulty or expense. Examples include ramps, accessible parking and grab bars (28 CFR 36.304).
• New construction. Facilities designed and built for first occupancy after January 26, 1993, must be readily accessible (28 CFR 36.401).

Enforcement. In a civil action brought by the Attorney General, civil penalties assessed after July 3, 2025 may be up to $118,225 for a first violation and $236,451 for a subsequent violation (42 U.S.C. 12188(b)(2)(C) and 28 CFR 85.5). The Learn Laws® news item on the Access Board accessibility complaint form covers a related federal accessibility agency.

Training. Front-line staff handle many of these duties, including service animal questions and communication requests. Training on the rules is part of compliance training, and the FAQ on avoiding discrimination in reasonable suspicion decisions covers disability bias in a workplace setting.

The Immigrant and Employee Rights Section (IER) of the Department of Justice Civil Rights Division enforces the anti-discrimination provision of the Immigration and Nationality Act, 8 U.S.C. 1324b. DOJ's rules are at 28 CFR Part 44. The law covers hiring, firing, recruitment or referral for a fee, and the Form I-9 and E-Verify process.

Prohibited practices. Under 8 U.S.C. 1324b and 28 CFR 44.200, an employer may not:

• Discriminate in hiring, firing, or recruitment or referral for a fee because of national origin.
• Discriminate because of citizenship status against a protected individual.
• Request more or different documents than the Form I-9 rules require, or refuse documents that reasonably appear genuine and relate to the person, when done to discriminate. These are called unfair documentary practices.
• Intimidate, threaten, coerce or retaliate against someone for asserting rights or taking part in an investigation or proceeding.

Who is protected. Protected individuals for citizenship status claims include U.S. citizens and nationals, lawful permanent residents, certain temporary residents, refugees and asylees, with limits for some permanent residents who do not seek naturalization on time (8 U.S.C. 1324b(a)(3)).

Coverage limits. The national origin and citizenship status discrimination provision does not apply to employers with three or fewer employees (8 U.S.C. 1324b(a)(2)). National origin claims covered under Title VII of the Civil Rights Act of 1964 are excluded, and a charge on the same facts cannot be filed with both IER and the EEOC (28 CFR 44.300(d)). Citizenship status preferences required by law, regulation, executive order or a government contract are also excluded.

Charges and timing. An injured party, someone authorized by that person, or a DHS officer may file a charge. Charges must be filed within 180 days of the alleged practice (28 CFR 44.300(b)). IER has 120 days to decide whether to file a complaint before an administrative law judge, and the charging party may file a complaint in some cases if IER does not (8 U.S.C. 1324b(d)).

Penalties. For penalties assessed after July 3, 2025, a first order for discrimination carries $590 to $4,730 per individual discriminated against, rising for later orders. Unfair documentary practices carry $236 to $2,364 per individual (28 CFR 85.5).

E-Verify connection. These rules apply during E-Verify use. The FAQ on when federal contractors must use E-Verify covers the contract clause. Treating workers differently based on perceived national origin, such as asking only some new hires for specific documents, can raise these issues.

Training. Training on acceptable documents and consistent treatment applies to HR staff who complete the Form I-9 and run E-Verify. That training fits within compliance training, and the FAQ on avoiding discrimination in reasonable suspicion decisions covers consistent treatment in another workplace process.