U.S. Code » Title 42 » Chapter CHAPTER 126— EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES

42 U.S.C. § 12103

Additional definitions

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As used in this chapter:(1) Auxiliary aids and servicesThe term “auxiliary aids and services” includes—(A) qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments;(B) qualified readers, taped texts, or other effective methods of making visually delivered materials available to individuals with visual impairments;(C) acquisition or modification of equipment or devices; and(D) other similar services and actions.(2) State

The term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands of the United States, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands.”.

(Pub. L. 101–336, § 4, as added Pub. L. 110–325, § 4(b), Sept. 25, 2008, 122 Stat. 3556.)Editorial NotesReferences in Text

This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of this title and Tables.

Statutory Notes and Related SubsidiariesEffective Date

Section effective Jan. 1, 2009, see section 8 of Pub. L. 110–325, set out as an Effective Date of 2008 Amendment note under section 705 of Title 29, Labor.

Executive DocumentsTermination of Trust Territory of the Pacific Islands

For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.

Notes of Decisions
Cited in 42 cases (13 in the last 5 years), 2003–2025 · leading case: Brown v. Dep't of Pub. Saf. & Corr. Servs., 383 F. Supp. 3d 519 (D. Maryland 2019).
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Brown v. Dep't of Pub. Saf. & Corr. Servs., 383 F. Supp. 3d 519 (D. Maryland 2019). · cites it 3× “42 U.S.C. § 12103 (1). Pursuant to Congressional authorization, see 42 U.”
Paul McGann v. Cinemark USA Inc, 873 F.3d 218 (3rd Cir. 2017). · cites it 4× “” 42 U.S.C. § 12103 (1)(A)-(B), (D). DOJ implementing regulations offer a non-exhaustive list of auxiliary aids and services that may be required to “ensure effective communication with individuals with disabilities.”
State Ex Rel. Goddard v. Harkins Amusement Enter., Inc., 603 F.3d 666 (9th Cir. 2010). · cites it 3× “42 U.S.C. § 12103 (1) (emphases added). Federal regulations provide more examples: The term “auxiliary aids and services” includes— (1) Qualified interpreters, notetakers, computer-aided transcription services, written materials, telephone handset amplifiers, assistive listening…”
Enyart v. Nat'l Conf. of Bar Examiners, Inc., 630 F.3d 1153 (9th Cir. 2011). · cites it 2× “As NCBE concedes, the lists of auxiliary aids contained at 42 U.S.C. § 12103 and at 28 C.F.R. § 36.309 are not exhaustive.”
Michigan Flyer LLC v. Wayne Cnty. Airport Auth., 860 F.3d 425 (6th Cir. 2017). “For example, the ADA uses “individuals” in the following manner: “individuals with hearing impairments,” 42 U.S.C. § 12103 (1)(A); an “individual’s uncorrected vision,” 42 U.”
Cheylla Silva v. Baptist Health South Florida, Inc., 856 F.3d 824 (11th Cir. 2017). “The ADA defines “auxiliary aids and services” to include "qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments!)]” 42 U.S.C. § 12103 (1)(A). 3 .Deaf persons are protected by the ADA and RA not…”
Seremeth v. Bd. of Cnty. Com'rs Frederick Cnty., 673 F.3d 333 (4th Cir. 2012). “104 (interpreting 42 U.S.C. § 12103 (1)). The ADA does not easily reduce to a cost-benefit calculation.”
Paulone v. City of Frederick, 787 F. Supp. 2d 360 (D. Maryland 2011). “See 42 U.S.C. § 12103 (1); 28 C.F.R. § 35.104 .”
Bonnette v. Dist. of Columbia Court of Appeals, 796 F. Supp. 2d 164 (D.D.C. 2011). · cites it 2× “See 42 U.S.C. § 12103 (1) (defining “auxiliary aids and services” as including “qualified readers, taped texts, or other effective methods of making visually delivered materials available to individuals with visual impairments”); 28 C.”
Cadoret v. Sikorsky Aircraft Corp., 323 F. Supp. 3d 319 (D. Conn. 2018). “See 42 U.S.C. § 12103 (1)(A) (defining "auxiliary aids and services" to include "qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments"); 42 U.”
Juech v. Child.'s Hosp. & Health Sys., Inc., 353 F. Supp. 3d 772 (E.D. Wis. 2018). “303 (b)(1) ; see also 42 U.S.C. § 12103 . The type of auxiliary aid or service necessary to ensure effective communication will vary in accordance with the method of communication used by the individual; the nature, length, and complexity of the communication involved; and the…”
In the Interest of: D.A.B. & B.M.S., 570 S.W.3d 606 (Mo. Ct. App. 2019). “” 42 U.S.C. § 12103 (1). 14 Certain documents referenced during trial or presented to the trial court as evidence are not included in the record before us, including several of the progress reports filed with the court by the Children’s Division, as well as “parental home visit…”
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— 42 U.S.C. § 12103(1)(B) — 1 case
Bunting v. The Gap, Inc. (E.D.N.Y 2024).
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