42 U.S.C. § 12007 — No antitrust immunity or defenses

Page 8237 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12101 read as follows: ‘‘The plan shall accompany the Presi- dent’s annual budget submission to the Congress.’’ Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which reports required under subsecs. (a) and (b) of this section are listed as the 20th item on page 84 and the 19th item on page 86), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Fi- nance. § 12007. No antitrust immunity or defenses Nothing in this chapter shall be deemed to convey to any person, partnership, corporation, or other entity immunity from civil or criminal liability under any antitrust law or to create de- fenses to actions under any antitrust law. As used in this section, ‘‘antitrust laws’’ means those Acts set forth in section 12 of title 15. (Pub. L. 101–218, § 10, Dec. 11, 1989, 103 Stat. 1869.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 101–218, Dec. 11, 1989, 103 Stat. 1859, known as the Renewable Energy and Energy Efficiency Technology Competitiveness Act of 1989, which is classified principally to this chapter. For com- plete classification of this Act to the Code, see Short Title note set out under section 12001 of this title and Tables. CHAPTER 126—EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES Sec. 12101. Findings and purpose. 12102. Definition of disability. 12103. Additional definitions. SUBCHAPTER I—EMPLOYMENT 12111. Definitions. 12112. Discrimination. 12113. Defenses. 12114. Illegal use of drugs and alcohol. 12115. Posting notices. 12116. Regulations. 12117. Enforcement. SUBCHAPTER II—PUBLIC SERVICES PART A—PROHIBITION AGAINST DISCRIMINATION AND OTHER GENERALLY APPLICABLE PROVISIONS 12131. Definitions. 12132. Discrimination. 12133. Enforcement. 12134. Regulations. PART B—ACTIONS APPLICABLE TO PUBLIC TRANSPOR- TATION PROVIDED BY PUBLIC ENTITIES CONSIDERED DISCRIMINATORY SUBPART I—PUBLIC TRANSPORTATION OTHER THAN BY AIRCRAFT OR CERTAIN RAIL OPERATIONS 12141. Definitions. 12142. Public entities operating fixed route systems. 12143. Paratransit as a complement to fixed route service. 12144. Public entity operating a demand responsive system. 12145. Temporary relief where lifts are unavailable. Sec. 12146. New facilities. 12147. Alterations of existing facilities. 12148. Public transportation programs and activi- ties in existing facilities and one car per train rule. 12149. Regulations. 12150. Interim accessibility requirements. SUBPART II—PUBLIC TRANSPORTATION BY INTERCITY AND COMMUTER RAIL 12161. Definitions. 12162. Intercity and commuter rail actions consid- ered discriminatory. 12163. Conformance of accessibility standards. 12164. Regulations. 12165. Interim accessibility requirements. SUBCHAPTER III—PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY PRIVATE ENTI- TIES 12181. Definitions. 12182. Prohibition of discrimination by public ac- commodations. 12183. New construction and alterations in public accommodations and commercial facilities. 12184. Prohibition of discrimination in specified public transportation services provided by private entities. 12185. Study. 12186. Regulations. 12187. Exemptions for private clubs and religious or- ganizations. 12188. Enforcement. 12189. Examinations and courses. SUBCHAPTER IV—MISCELLANEOUS PROVISIONS 12201. Construction. 12202. State immunity. 12203. Prohibition against retaliation and coercion. 12204. Regulations by Architectural and Transpor- tation Barriers Compliance Board. 12205. Attorney’s fees. 12205a. Rule of construction regarding regulatory au- thority. 12206. Technical assistance. 12207. Federal wilderness areas. 12208. Transvestites. 12209. Instrumentalities of Congress. 12210. Illegal use of drugs. 12211. Definitions. 12212. Alternative means of dispute resolution. 12213. Severability. § 12101. Findings and purpose (a) Findings The Congress finds that— (1) physical or mental disabilities in no way diminish a person’s right to fully participate in all aspects of society, yet many people with physical or mental disabilities have been pre- cluded from doing so because of discrimina- tion; others who have a record of a disability or are regarded as having a disability also have been subjected to discrimination; (2) historically, society has tended to isolate and segregate individuals with disabilities, and, despite some improvements, such forms of discrimination against individuals with dis- abilities continue to be a serious and pervasive social problem; (3) discrimination against individuals with disabilities persists in such critical areas as employment, housing, public accommodations, education, transportation, communication, recreation, institutionalization, health serv- ices, voting, and access to public services;