Under Title II of the Americans with Disabilities Act, state, local and municipal governments must provide equal opportunity for persons with disabilities in all of their programs, activities, services and employment practices.
They are required to make reasonable modifications to policies, practices, and procedures where necessary to avoid discrimination, unless they can demonstrate that doing so would fundamentally alter the nature of the service, program, or activity being provided.
People using service animals must be allowed equal access.
Effective communication must be ensured with persons who are deaf, hard of hearing and blind or who have cognitive disabilities through provision of auxiliary aids and services.
Under a concept called “programmatic access,” every part of every facility does not necessarily have to be accessible. Instead, the programs, activities and services as a whole must be readily accessible to and useable by persons with disabilities.
If you have any complaints about discriminatory acts, you must file them:
- Within 180 of the alleged discriminatory act with the U.S. Department of Justice, or
- Within 300 days with the Massachusetts Commission Against Discrimination.
Reasonable modifications in state government
If you are facing a barrier to equal access or participation in a state service or program, you should contact the ADA Coordinator for the agency offering the service/program. Download contact information for Executive Branch ADA Coordinators here.
For accessibility in Massachusetts courts, the following links provide useful information about reasonable accommodations:
Reasonable modifications in local government
If you are facing a barrier to equal access or participation in a municipal service or program and need to ask for a reasonable modification, you should contact your municipal ADA Coordinator. Look up your local ADA Coordinator.
MOD's support to Executive Branch of State Government
MOD is the ADA and 504 Coordinator for Executive Branch of State Government. We offer training and technical assistance to colleagues across state government. We help executive branch agencies (state government that is not the legislative or judicial branches) understand their obligations under the federal and state laws regarding disability discrimination. These laws include:
- The Americans with Disabilities Act (ADA) — The primary federal civil rights law designed to provide a clear and comprehensive national mandate for the elimination of discrimination and clear, strong, consistent, and enforceable standards for addressing discrimination of persons with disabilities.
- Section 504 of the Rehab Act of 1973 - a federal law which protects individuals with disabilities from being excluded from, denied the benefits of, or be subjected to discrimination by entities that receive federal funds. Federal agencies that provide funding typically have their own regulations that specifically describe how the entities they fund must ensure non-discrimination.
- Mass. General Law Chapter 151b - State law that prohibits discrimination against individuals with disabilities in matters of employment or housing.
- Mass General Law Chapter 272 - Several sections of this chapter of state law prohibit discrimination against individuals in places of public accommodation.
- Executive Order 592 affirmed the Commonwealth’s commitment to non-discrimination, diversity, and equal opportunity in all aspects of state employment, programs, services, activities, and decisions. It also established specific policies and procedures to achieve this goal.
If you have questions about guidance MOD provides to state agencies on ADA compliance, the Disability Handbook for the Executive Branch may be helpful. It was last updated in June 2022.
Further information
If after reading the information above, you still have disability-related questions, MOD can discuss the nuances of your unique case and help you understand your options. Use our contact form to give us the key details of your situation.
If you can make good use of our online information and be clear about your questions it helps us serve as many people as possible.
| Last updated: | December 4, 2023 |
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