The ADA Present

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The ADA Present Future

• Marissa Johnson
• Director of Training
• DBTAC Mid-Atlantic ADA Center

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DBTAC Mid-Atlantic ADA Center

• One of 10 regional centers providing
• Information
• Technical Assistance
• Materials
• Newsletter 3x/year
• E-Bulletin 2x/month
• Training
• Toll-free number 1-800-949-4232 Voice/TTY
• Web-site www.adainfo.org
• We serve Maryland, Virginia, West Virginia,
  District of Columbia, Pennsylvania and Delaware.

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What is the ADA?

• Federal CIVIL RIGHTS legislation that says it is
  illegal to discriminate against people with
  disabilities in employment, state and local
  government services, private businesses,
  telecommunications and transportation

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ADA , IDEA, 504

• IDEA
• Education Law
• Covers students in K-12 education

• 504
• Civil Rights Law
• Covers only entities receiving federal funds

• ADA
• Civil Rights Law
• Covers employers, state local governments,
  private entities

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ADA , IDEA, 504 , cont.

• ADA
• Does not provide FAPE
• Does not provide direct funding

• 504
• Does not provide FAPE
• Does not provide direct funding

• IDEA
• Does provide FAPE
• Does provide direct funding

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Defining Disability

• A physical or mental impairment which
  substantially limits one or more major life
  activities or
• A person with a record of such impairment or
• A person who is regarded as having such an
  impairment
• Must consider mitigating measures.

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Defining Disability, cont.

• RECORD
• Having a history or record of a disability, even
  if the disability is no longer present
• REGARDED AS
• Being seen as disabled facial anomalies, a limp
  or stutter, etc.

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Substantial Limitation

• Substantial limitation is evaluated in terms
  of the severity of the limitation and the length
  of time it restricts a major life activity.

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What are major life activities?

• What physical or mental tasks did you need to do
  to get to this meeting this morning?
• Shout some out.
• Which of these are major life activities?

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Major Life Activities

• These are basic activities that the average
  person in the general population can perform with
  little or no difficulty and that are of central
  importance to most peoples daily lives.

• Learning
• Working
• Sitting
• Standing
• Lifting
• Reading
• Reproduction

• Caring for Oneself
• Performing Manual Tasks
• Walking
• Seeing
• Hearing
• Speaking
• Breathing

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The Americans with Disabilities Act

• Title I Employment
• Title II Public Services
• Title III Public Accommodations
• Title IV Telecommunications
• Title V Miscellaneous

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Employment

• ADA covers
• Private employers with 15 employees
• State and local governments all sizes
• ADA doesnt cover
• Private employers with less than 15 employees
• US Government executive and judicial branches
  (503)

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ADA Title I - Employment

• An employer may not discriminate against an
  employee on the basis of disability in any aspect
  of the employment relationship.
• The activities covered include
• Outreach, Application Process, Testing
• Interviewing, Hiring, Assignments
• Evaluation, Discipline, Medical Examinations
• Compensation, Promotion, On-the-Job Training
• Layoff/Recall, Termination, Leave
• Benefits of employment e.g., health insurance

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Question True/False

• The ADA is an affirmative action law for
  individuals with disabilities.

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Answer False

• The ADA provides equal access to the employment
  process but does not require employers to
  proactively hire persons with disabilities.

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Reasonable Accommodation
Any change in the work environment or way things
are done that enables a person with a disability
to enjoy equal employment opportunity
Must be provided to qualified individuals unless
it poses an undue hardship
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3 Types of Reasonable Accommodations

• Modification to the job application process
• Modification to the work environment or the
  manner under which the position held is
  customarily performed
• Modification that enables an employee with a
  disability to enjoy equal benefits and privileges
  of employment

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Undue Hardship

• Significant difficulty or expense

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Next Question

• Approximately 88 of accommodations for people
  with disabilities will cost
• A. Under 1,000
• B. Between 1,000 - 1,999
• C. Between 2,000 - 5,000
• D. More than business can afford

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Answer A

• 88 of accommodations for people with
  disabilities will cost under 1,000

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Reasonable Accommodations

• Average Cost of Job Accommodations
• 31 of all accommodations suggested at no cost
• 19 cost between 1 and 50
• 19 cost between 50 and 500
• 19 cost between 500 and 1000
• 11 cost between 1000 and 5000
• 1 cost more than 5000
• Source Job Accommodation Network Survey

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Important Terms

• Essential Functions
• Employee must be qualified for the job
• Employee must be able to do essential functions,
  or the basic functions that are why the job
  exists
• How do you know its essential? How much time is
  spent, how many other people could do it, what
  is the consequence if the person doesnt do it

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State and Local Government

• Governments must provide full PROGRAM access to
  people with disabilities
• Not every building or physical site has to be
  accessible

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Covered Services and Programs

• Courthouses
• Libraries
• Schools
• Recreation Centers
• Social Services
• Mental Health Services (including hotlines)
• Polling Places
• Information Services
• Transportation

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Access to Government Services

• Cant require special programs for people with
  disabilities unless no other way for them to
  participate safely and equally
• Must reasonably change policies and procedures if
  needed to provide access
• Must have a complaint process
• If more than 50 people work for the city, they
  have to have an assigned person to ADA issues

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Priorities for Accessibility

• Parking
• Entrance
• Primary Service Area
• Restrooms
• Meeting Rooms
• Other Features

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Enforcement

• Complaints go to the federal agency connected to
  the service or the Department of Justice.

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Public Accommodations

• Restaurants
• Clothing Stores
• Malls
• Movie Theaters
• Grocery Stores
• Arcades
• Bowling Alleys
• Ball Parks and Stadiums
• Museums
• Apartment Leasing Offices

• Bars
• Skating Rinks
• Hotels and Motels
• Campgrounds
• Convenience Stores
• Car Dealerships
• Doctor and Dentist Offices
• Amusement Parks
• Hospitals
• Concert Halls
• More

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Public Accommodations

• Readily Achievable Barrier Removal
• Remove Cheap and Easy barriers
• On-going process
• No grandfather clause in ADA
• Barriers can be architectural, policy and/or
  procedural, or communication related
• Alternative Service Delivery

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Public Accommodations

• New Construction (post 1992)
• Built Accessible
• Rented Properties
• Landlord and Tenant share responsibility
• Altered Facilities
• Up to 20 of renovation budget must improve
  access

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Enforcement

• Complaints are filed with the Department of
  Justice
• Can result in fines of up to 50,000 for first
  offense and up to 100,000 for additional offenses

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Telecommunications

• Mandated creation of 711 relay
• Allows hearing and non-hearing people to talk on
  the phone
• Closed captioning required for federally funded
  public service announcements
• Telecommunications Act of 1996
• Complaints go to FCC

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ADA Amendments Act of 2008

• Overturns mitigating measure analysis
• Disapproves of decisions in Sutton trilogy and
  Toyota v. Williams
• Clarifies that only need to be substantially
  limited in ONE major life activity (not excluded
  because of ability to do many things)

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ADA Amendments Act, Cont.

• Clarifies that episodic impairments or remission
  should be considered in active state.
• Instructs courts to give broad (not narrow)
  interpretation to definition of disability.
• Regarded As prong now focuses on treatment,
  rather than the difficult-to-prove perception of
  an employer.
• Adds major bodily functions to list of major
  life activities.

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ADA Amendments Act

• Signed into law Thursday, Sept. 23, 2008
• Restores Congress original intent in passing the
  ADA
• Rejects several Supreme Court Cases and some of
  EEOCs ADA regulations

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ADA Amendments - Details

• Directs EEOC to revise that portion of its
  regulations defining the term "substantially
  limits"
• Expands the definition of "major life activities"
  by including two non-exhaustive lists
• Many activities that the EEOC has recognized as
  well as activities that EEOC has not specifically
  recognized
• Major bodily functions

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ADA Amendments Act Major Life Activities

• Adds a new group of major life activities
• Major Bodily Functions

• Functions of the immune system
• normal cell growth
• Digestive
• Bowel
• Bladder

• Circulatory
• Neurological
• Brain
• Respiratory
• Endocrine
• Reproductive functions

Also adds some activities not formerly recognized
by EEOC

• Reading
• Bending
• Communicating

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ADA Amendments Act

• Goes into effect on January 1, 2009
• Awaiting new regulations from EEOC
• Will be interpreted by courts in the future

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Resources

• Department of Justice
• 800 514 0301 (V) 800 514 0383 (TDD)
• www.usdoj.gov/crt/ada/
• Equal Employment Opportunity Commission
• 800 669 4000 (v) 800 669 6820 (TDD)
• www.eeoc.gov

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Resources

• ADA Information Center
• 800 949 4232 (V/TDD) nationwide
• www.adata.org and www.adaportal.org

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For more information

• Contact us at
• DBTAC National Network of ADA Centers
• 800-949-4232 V/TTY
• www.adata.org WEB
• mjohnson_at_transcen.org EMAIL

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