Does the sovereign status of Native American tribes and nations exempt them from any FTA regulatory requirements, such as ADA compliance, drug and alcohol testing, or civil rights regulations?
A. Native American tribes must comply with most FTA requirements, drug and alcohol testing and most civil rights regulations. The only two exclusions are Title VII of the Civil Rights Act of 1964, as amended, (Equal Employment Opportunity) 49 U.S.C. 2000e and Title I of the Americans with Disabilities Act of 1990, as amended, (Employment) 42 U.S.C. 12101-213. Search Federal Register – [Federal Register: February 2, 1999 (Volume 64, Number 21)] Q. May a public agency providing fixed-route transportation fulfill its ADA complementary paratransit obligations simply by allowing fixed-route buses to deviate off route upon request by passengers with disabilities? A. Under the DOT’s ADA implementing regulations, a system that permits “user-initiated deviations from routes or schedules” is regarded as demand-responsive, not fixed-route. In other words, if buses deviate from their regular routes and/or schedules in response to passengers’ requests, then the system is not a fixed-route system an
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