The ADA prohibits discrimination on the basis of disability in all aspects of employment. This includes job application procedures, recruitment, hiring, advertising, testing, medical examinations, compensation, training, performance evaluations, disciplinary actions, advancement, tenure, promotion, leave of absence, termination, layoff/recall, benefits, and other terms, conditions and privileges of employment. The ADA requires employers to respond to the individualized needs of persons with disabilities on a case-by-case basis, instead of acting upon generalizations made about the capabilities of a person with a disability. Unlawful employer conduct under the ADA includes the following:

1. limiting, segregating or classifying a job applicant or employee in a way that adversely affects the opportunities or status of the applicant or employee because of the individual's disability;
   
2. participating in a contractual or other arrangement or relationship that has the effect of subjecting a covered entity's qualified applicant or employee with a disability to prohibited discrimination;
   
3. utilizing standards, criteria or methods of administration that have the effect of
   discrimination on the basis of disability;
   
4. utilizing standards, criteria or methods of administration that perpetuate the discrimination of others who are subject to common administrative control;
   
5. excluding or denying equal jobs or equal benefits to a qualified individual because of a known disability of an individual with whom the qualified individual is known to have an association or relationship;
   
6. not making reasonable accommodations to the known physical or mental limitation of an otherwise qualified applicant or employee with a disability, unless the covered entity can demonstrate that the accommodation would impose an undue administrative or financial hardship;impose an undue administrative or financial hardship;

Title III of the ADA requires that facilities, goods and services of places of public accommodation be accessible to individuals with disabilities.

Reasonable Modifications: Businesses must make reasonable changes in policies, practices and procedures to ensure full accessibility to members of the public with disabilities.

Auxiliary Aids: When necessary businesses must furnish auxiliary aids or services to individuals with disabilities to ensure equal participation or benefit, unless to do so would result in an undue financial or administrative burden on the business or fundamentally alter the manner in which service is provided.

Integrate Setting: A place of public accommodation must provide goods or services to persons with disabilities in the most integrated setting. An individual with a disability must not be separated or segregated because of his or her disability. Eligibility Criteria.

A place of public accommodation may not apply eligibility criteria that screens out or tends to screen out persons with disabilities, except when the criteria are proven necessary to provide the goods or services being offered.

Barrier Removal: Architectural, structural and communication barriers in existing facilities must be removed if such barrier removal is readily achievable without much difficulty or expense. Readily Achievable Alternative Measures. If barriers cannot be removed the service or benefit must be provided in an alternative method or format if readily achievable.

New Construction: All new construction in public accommodations and commercial facilities must be accessible to persons with disabilities, which is regulated by the ADA Accessibility Guidelines (ADAAG), Architectural Alterations.

Like new construction, the altering of existing facilities must be in compliance with ADAAG requirements. During new construction or an alteration primary function areas must be accessible. The ADAAG requires an accessible path of travel to the altered area, bathrooms, telephones and drinking fountains serving that area, unless such added accessibility costs are disproportionate to the overall alteration costs.

Equivalent Transportation: Commercial facilities and places of public accommodation offering transportation as part of their service must provide equivalent transportation service that is accessible to individuals with disabilities.

Protected Persons: ADA protection from discrimination by commercial facilities and places of public accommodation is extended to individuals with disabilities and persons or entities who associate with or have a relationship with a person with a disability Remedies.

Enforcement of discrimination: claims against commercial facilities or places of public accommodation is obtained by individuals with disabilities filing private lawsuits or by filing a charge of discrimination with the U.S. Department of Justice or the Arizona Civil Rights Division of the Arizona Attorney General's Office.

A place of public accommodation is a private establishment (for-profit or nonprofit) that owns, leases, leases to, or operates a place of public accommodation fitting into one of the twelve categories specified by the U.S. Department of Justice in the ADA regulations.

1. Place of Lodging; such as a hotel, inn, motel, etc. (unless less than six rooms and the residence as the owner).

2. Food or Drink Establishment; such as a restaurant bar, etc.

3. Place of Exhibition or Entertainment; such as a theater, cinema,
concert hall, stadium, etc.

4. Place of Public Gathering; such as an auditorium, convention center, lecture hall, etc.

5. Sales or Rental Establishment; such as a bakery, grocery, department store, shopping mall, video rental store, etc.

6. Service Establishment; such as a bank, gas station, funeral parlor, laundromat, lawyer's office, dry cleaner, barber/beauty shop, insurance office, hospital, travel service, pharmacy, physician or health care provider's office, etc.

7. Public Transportation Station; such as a train depot, subway station, bus terminal, etc.

8. Place for Public Display or Collection; such as a museum, library,
gallery, etc.

9. Place of Recreation; such as a park, zoo, amusement park, golf course, etc.

10. Place of Education; such as private preschools, nurseries, day care centers, elementary, secondary, undergraduate or post graduate schools.

11. Place of Exercise and Recreation; such as a gymnasium, health club, bowling alley, golf course, etc.