The Americans with Disabilities Act of 1990 (ADA) is unique among the laws applied by the Congressional Accountability Act (CAA) as it affords protections to members of the public as well as to employees. The rights and protections for the public are found in Section 210 of the CAA (2 U.S.C. § 1331), which incorporates Titles II and III of the ADA. These public access provisions, as applied by the CAA, require that employing offices make their services, programs, and activities for the public, as well as the facilities where these services, programs, and activities are provided, accessible to individuals with disabilities.
Accessibility for the General Public
Congress applied both Title II and Title III of the ADA to the legislative branch through the CAA, to provide to individuals with disabilities the greatest amount of access to public services, programs, activities and accommodations available under the law. Covered offices must provide services, programs, and activities that are in compliance with Title II of the ADA, and when those services, programs, activities, or accommodations are provided directly to the public, they must also comply with Title III.
The following entities are required to comply with the ADA in their dealings with the public:
- Each office of the House of Representatives and the Senate (including all offices of Members of Congress, district and state offices, committees, and joint committees)
- Office of Congressional Accessibility Services
- United States Capitol Police
- Congressional Budget Office
- Office of the Architect of the Capitol (including the U.S. Botanic Garden)
- Office of Attending Physician
- Office of Congressional Workplace Rights
- Library of Congress
Reporting Barriers to Access
The General Counsel of the Office of Congressional Workplace Rights (OCWR) enforces the ADA’s public access provisions as applied by the CAA. Individuals alleging a violation may file a request for inspection with the General Counsel. If the request is filed by an individual with a disability during the 180-day period that begins on the date of the alleged violation, it will be treated as an ADA charge of discrimination. Anyone, regardless of disability status, can file a request for inspection to alert the OCWR to an accessibility concern.
Please visit the Report Accessibility Concerns page to learn more about the OCWR’s process for investigating reports of barriers to access for individuals with disabilities.
Accessibility for Legislative Branch Employees
The CAA also applies the ADA’s public access provisions to legislative branch employees when they are accessing services, programs, activities, and facilities of a covered entity other than their own employer. For instance, under the CAA, a committee of Congress would be required to provide American Sign Language interpretation if needed for a deaf employee of the office of a Member of Congress to access a committee hearing. Like members of the public, legislative branch employees who encounter barriers to access in the provision of services, programs, or activities in the legislative branch may file a request for inspection and the OCWR will investigate. For more information, see Guidance on ADA Inspections.
Claims of employment discrimination on the basis of disability are addressed through the OCWR’s dispute resolution process. To learn more about employment discrimination protections for legislative branch employees with disabilities, please visit the Unlawful Discrimination – Disability page.
Biennial Inspections
At least once each Congress, the General Counsel is required to inspect and report to Congress on the compliance of the legislative branch with the CAA’s requirements regarding access to public services and accommodations for individuals with disabilities. Please visit the ADA Biennial Inspections page to learn more.
ADA Resources
Please visit the Resources for Individuals with Disabilities page for more information and for assistance with accessibility questions and concerns in the legislative branch.