Title V Includes:

 Retaliation and Coercion
 The Rehab Act
 Smoking
 Insurance
 Design Guidelines
 Technical Assistance
 Exclusions from "Disability'
 Attorney's Fees
 ADR
 Wilderness Areas
 Congress

Miscellaneous

Most of the Title V Sections apply to other titles of the ADA.

Example: Prohibition against Retaliation and Coercion applies to employers (Title I), state and local governments (Title II) and public accommodations (Title III).

Other cross title sections include:

Construction - Nothing in the ADA is to be construed to apply a lesser standard than the standards applied under title V of the Rehabilitation Act of 1973, including the Section 504 regulations.

The ADA does not preclude or require restrictions on smoking.

The ADA does not change the status of insurance underwriting. This means that preexisting condition clauses that are allowed under state laws are legal under the ADA. However, an insurance plan may not refuse to insure or limit coverage or charge a higher amount to person with a disability solely because of the disability unless the refusal, limitation or difference in cost is based on sound actuarial principles.

Individuals with disabilities are not required to accept an accommodation, aid, benefit or service.

Regulations by the Architectural and Transportation Barriers Compliance Board -Requires the issuance of design guidelines for Title II and Title III;

Technical Assistance - Requires the Department of Justice, the Equal Employment
Opportunity Commission, the Department of Transportation the Architectural and
Transportation Barriers Compliance Board, and the Federal Communication
Commission to develop technical assistance plans to assist covered entities to
understand their responsibilities under the ADA;

Transvestites, Illegal Use of Drugs, Definitions - Excludes from the term "disability" transvestites; individuals who are currently engaged in the illegal use of drugs when the covered entity acts on the basis of such use; and certain conditions such as sexual behavior disorders, kleptomania, or pyromania;

Attorney's Fees - Allows the prevailing party in court actions or administrative
proceedings to recover attorney's fees;

Alternative Means of Dispute Resolution - Encourages the use of ADR to resolve ADA disputes.

Sections of Title V that are not cross title include:

Federal Wilderness Areas - Requires the National Council on Disability to study the effect that wilderness management has on the ability of individuals with disabilities to use and enjoy federal wilderness areas. It also reaffirms that nothing in the Wilderness Act prohibits people with disabilities from using wheelchairs in wilderness areas and that no agency is required to provide special treatment or accommodations or to construct facilities or modify land within wilderness areas in order to facilitate the use by people who use wheelchairs.

Coverage of Congress and the Agencies of the Legislative Branch - Includes the Senate, the House of Representatives and "instrumentalities" of Congress in ADA requirements.

Amendments to the Rehabilitation Act - Amends the Rehab Act to exclude from the term "individual with handicaps" people who are currently engaging in the illegal use of drugs when a covered entity acts on the basis of such use.




4.5.1.1	p.3 Miscellaneous