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Withdrawn Technical Assistance: The ADA: Questions and Answers

[This] document is outdated and does not fully reflect current law or has been replaced by a more up-to-date document. Withdrawal of a guidance document does not change covered entities’ legal responsibilities, as reflected in the ADA, its implementing regulations, and other binding legal requirements and judicial precedent. The Department will continue to fully and fairly enforce all laws within its jurisdiction, including the ADA.

Q. What employers are covered by the ADA, and when is the coverage effective?

A. The employment provisions of title I of the ADA apply to private employers, State and local governments, employment agencies, and labor unions. Employers with 25 or more employees were covered starting July 26, 1992, when title I went into effect. Employers with 15 or more employees were covered two years later, beginning July 26, 1994.

In addition, the employment practices of State and local governments of any size are covered by title II of the ADA, which goes into effect on January 26, 1992. The standards to be used under title II for determining whether employment discrimination has occurred depend on whether the public entity at issue is also covered by title I. Beginning July 26, 1992, if the public entity is covered by title I, then title I standards will apply. If not, the standards of section 504 of the Rehabilitation Act will apply. From January 26, 1992, when title II went into effect, until July 26, 1992, when title I went into effect, public entities were subject to the section 504 standards.

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