More on Title V

Title V includes miscellaneous provisions that are intended to apply broadly across all the other titles. Many of these provisions, some of which are found nowhere else in the law itself, were subsequently included and interpreted by the various federal agencies that issued regulations to implement the other titles of the ADA.

Some of the significant provisions of Title V include:

• The ADA does not invalidate or override any other laws (federal, state, or local) that provide equal or greater protections or remedies for people with disabilities.
• Exclusion of certain conditions, regardless of whether they are impairments, from the definition of disability. These conditions include transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, other sexual behavior disorders, compulsive gambling, kleptomania, pyromania, and psychoactive substance use disorders resulting from current illegal use of drugs. Homosexuality and bisexuality, since they are not impairments, can not be considered disabilities under the ADA. Additionally, people who are currently engaged in illegal drug use are excluded from protection under the ADA.
• Retaliation, intimidation, coercion, threats, or interference with people who seek to exercise their rights, or who encourage or aid others to do so, is prohibited. It is important that these provisions also protect people without disabilities if they do things like advocate or testify on behalf of individuals with disabilities.
• An individual cannot make a claim of “reverse discrimination” under the ADA; in other words, an individual can not seek remedies if they feel they were discriminated against because they do not have a disability.
• A clause of “severability” states that if any part of the law is found by a court to be unconstitutional, that part is cut from the whole without affecting the remaining parts.
• Certain federal agencies are directed to develop plans, produce materials, and disseminate information in order to provide technical assistance to entities and individuals who have rights and responsibilities under the law. Covered entities are not excused from compliance, however, if they do not receive technical assistance.
• Extension of coverage to the U.S. Congress, making it the only branch of the federal government covered by the ADA.