Thursday, March 31, 2011

What is the Role of the U.S. Department of Justice (DOJ) Regarding the Americans with Disabilities Act (ADA)

We start with the Americans with Disabilities Act, Amendments Act of 2008 (P.L. 110-325) which became effective on January 1, 2009.

         TITLE 42 – The Public Health and Welfare
           CHAPTER 126 – Equal Opportunity for Individuals with Disabilities
           SUB CHAPTER III – Public Accommodations and Services Operated by Private Entities
           SECTION 12188 – Enforcement
 (a)     In General
 (b)     Enforcement by Attorney General

It is clear to ACCESS that the U.S. Department of Justice (DOJ) through the Attorney General has enforcement jurisdiction over discrimination asserted in the ADA.  The quark is that DOJ must litigate from its standard, so it takes the Access Board's Guidelines and make that document its standard which takes 4 - 5 years.  So, it makes no sense to me, but the role of the DOJ is strictly enforcement, not any writing of its standards.

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