- auxiliary aids and services
includes—
- commerce
means travel, trade, traffic, commerce, transportation, or communication—
- commercial facilities
means facilities— Such term shall not include railroad locomotives, railroad freight cars, railroad cabooses, railroad cars described in section 12162 of this title or covered under this subchapter, railroad rights-of-way, or facilities that are covered or expressly exempted from coverage under the Fair Housing Act of 1968 1 (42 U.S.C. 3601 et seq.).
- Commission
means the Equal Employment Opportunity Commission established by section 2000e–4 of this title.
- commuter authority
has the meaning given such term in section 24102(4) 1 of title 49.
- commuter rail transportation
has the meaning given the term “commuter rail passenger transportation” in section 24102(5) 1 of title 49.
- covered entity
means an employer, employment agency, labor organization, or joint labor-management committee.
- demand responsive system
means any system of providing transportation of individuals by a vehicle, other than a system which is a fixed route system.
- designated public transportation
means transportation (other than public school transportation) by bus, rail, or any other conveyance (other than transportation by aircraft or intercity or commuter rail transportation (as defined in section 12161 of this title)) that provides the general public with general or special service (including charter service) on a regular and continuing basis.
- direct threat
means a significant risk to the health or safety of others that cannot be eliminated by reasonable accommodation.
- disability
means, with respect to an individual—
- discriminate against a qualified individual on the basis of disability
includes—
- discrimination
includes—
- drug
means a controlled substance, as defined in schedules I through V of section 202 of the Controlled Substances Act [21 U.S.C. 812].
- employee
means an individual employed by an employer.
- employer
means a person engaged in an industry affecting commerce who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such person, except that, for two years following the effective date of this subchapter, an employer means a person engaged in an industry affecting commerce who has 25 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding year, and any agent of such person.
- fixed route system
means a system of providing designated public transportation on which a vehicle is operated along a prescribed route according to a fixed schedule.
- historical or antiquated rail passenger car
means a rail passenger car—
- illegal use of drugs
means the use of drugs, the possession or distribution of which is unlawful under the Controlled Substances Act [21 U.S.C. 801 et seq.].
- individual or class of individuals
refers to the clients or customers of the covered public accommodation that enters into the contractual, licensing or other arrangement.
- instrumentality of the Congress
means the following:,1 the Government Accountability Office, the Government Publishing Office, and the Library of Congress,.1
- intercity rail transportation
means transportation provided by the National Railroad Passenger Corporation.
- low-vision devices
means devices that magnify, enhance, or otherwise augment a visual image.
- ordinary eyeglasses or contact lenses
means lenses that are intended to fully correct visual acuity or eliminate refractive error;
- over-the-road bus
means a bus characterized by an elevated passenger deck located over a baggage compartment.
- private entity
means any entity other than a public entity (as defined in section 12131(1) of this title).
- public entity
means—
- public school transportation
means transportation by schoolbus vehicles of schoolchildren, personnel, and equipment to and from a public elementary or secondary school and school-related activities.
- qualified individual
means an individual who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires.
- qualified individual with a disability
means an individual with a disability who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a public entity.
- rail passenger car
means, with respect to intercity rail transportation, single-level and bi-level coach cars, single-level and bi-level dining cars, single-level and bi-level sleeping cars, single-level and bi-level lounge cars, and food service cars.
- readily achievable
means easily accomplishable and able to be carried out without much difficulty or expense.
- responsible person
means—
- Secretary
means the Secretary of Transportation.
- specified public transportation
means transportation by bus, rail, or any other conveyance (other than by aircraft) that provides the general public with general or special service (including charter service) on a regular and continuing basis.
- State
means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands of the United States, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands.”.
- station
means the portion of a property located appurtenant to a right-of-way on which intercity or commuter rail transportation is operated, where such portion is used by the general public and is related to the provision of such transportation, including passenger platforms, designated waiting areas, ticketing areas, restrooms, and, where a public entity providing rail transportation owns the property, concession areas, to the extent that such public entity exercises control over the selection, design, construction, or alteration of the property, but such term does not include flag stops.
- undue hardship
means an action requiring significant difficulty or expense, when considered in light of the factors set forth in subparagraph (B).
- wheelchair
means a device designed solely for use by a mobility-impaired person for locomotion, that is suitable for use in an indoor pedestrian area.