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Are private contractors required to comply with the Americans with Disabilities Act (ADA)?

Yes. The Department of Transportation (DOT) Americans with Disabilities Act (ADA) regulations apply to both public and private operators of transportation service to the general public. If the private entity is providing service under a contract or other arrangement with a public entity, the private entity “stands in the shoes” of the public entity under 49 C.F.R. Section 37.23 and is subject to the requirements applicable to the public entity. While a public entity may hire contractors, it may not “contract away” its ADA responsibilities. For further detail regarding the “stand in the shoes” requirement, please consult the regulation, which is available here.

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