ADA Title II Action Guide for State and Local Governments

What is the difference between Title II and Title III of the ADA?

Title II applies to state and local governments. Title III applies to the private sector such as businesses and non-profit organizations. Both titles require general non-discrimination, effective communication and accessible new construction and alterations. The major difference between the two titles is that Title II has administrative requirements for an ADA coordinator, self-evaluation, transition plan, grievance procedure and public notice; and Title III does not. The other big difference concerns facility and program accessibility. State and local governments must make sure that people with disabilities can participate in all programs, activities and services. People may not be denied participation because of inaccessible facilities. Title III entities are not required to ensure participation, but facilities must be made accessible when it’s “readily achievable” to do so. Readily achievable means “without much difficulty or expense.”