What You Need to Know About the ADA

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What You Need to Know About the ADA
Presented by
Technical Governmental Consultants on Disability
Civil Rights Legislation and Related
Accessibility Guidelines 2801 Jonquil
Place Columbia, MO 65202 Phone (573)
445-4287 Fax [phone] or E-fax (501)
325-9974 Email dmcgkj_at_earthlink.net

Mike Pepoon Assistant County Counselor County
of Sedgwick
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What is the ADA

• Civil rights legislation signed into law July 26,
  1990
• Utilizes structural guidelines to assist with
  integration
• Designed to level the playing field for persons
  with disabilities, not supply extra benefits

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The Americans with Disabilities Act (Public Law
101-336)

• Title I Employment Applies to employers with 15
  or more employees.
• Title II State and Local Government Covers all
  state and local government entities regardless of
  size, including public transportation.
• Title III Public Accommodations Prohibits
  discrimination by any public accommodation.
• Title IV Telecommunications Requires telephone
  companies to provide relay services.
• Title V Miscellaneous

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Where You Can Get Technical/Legal Information
ADA Regional Disability and Business Technical
Assistance Centers [phone]
U.S. Department of Labor [phone]
Department of Labor Occupational Safety and
Health Administration [phone]
U.S. Equal Employment Opportunity
Commission [phone]
Disability Management Consulting Group, LLC (573)
445-4287
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Title II
State and Local Government
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General Nondiscrimination Requirements

• Equal Opportunity
• Eligibility Criteria
• Surcharges
• Integrated Programs
• Reasonable Modification of Policies, Practices
  and Procedures
• Program Accessibility

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Reasonable Modification of Policies, Practices
and Procedures

• Policies, practices or procedures must be
  modified to avoid discrimination (unless doing so
  would fundamentally alter the nature of the
  service, program or activity being provided)

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Program Accessibility

• Benefits cannot be denied because facilities are
  inaccessible
• Program accessibility standard involves looking
  at all programs, viewed in their entirety
• Every building need not be made accessible
• Required even if no people with disabilities known

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Methods to Achieve Program Accessibility

• Acquisition or redesign of equipment
• Assignment of aides to beneficiaries
• Relocate to alternate, accessible location
• Structural, architectural changes
• Integrated settings

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Integration The Key to Title II Compliance

• Integration to the Maximum Extent Appropriate
• No Requirement to Accept Separate Programs
• No Exclusion from Regular Programs

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Limitations on Program Accessibility

• Undue Financial or Administrative Burdens
• Fundamentally alters program
• All resources must be considered
• Other solutions must be found

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Action Steps (Additional Regulatory Requirements

• Designate ADA Coordinator
• Provide Notice (Media, Postings, Applications,
  Handbook, etc.)
• Grievance Plan
• Self Evaluation
• -TDD/Emergency Services
• -Employment
• Transition Plan
• Involvement of Disability Community

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Conducting an ADA Self Evaluation to Help Ensure
Government Compliance

• Purpose
• To review the policies and practices of all
  programs, activities, or services (both internal
  and external) provided by or operated by your
  organization to ensure access to individuals with
  disabilities

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Contents of the Finalized Self Evaluation

• ADA Coordinator
• Brief description of programs and services
• Brief description of policies that direct the
  operation of programs and services
• Identification of program qualifications
• Transition Plan
• Examination of Employment policies, practices,
  and procedures
• Effective and Accessible Communications
• Accessible Web Sites/Public Computers
• Accessible Transportation Policies and Procedures
• Notice of Nondiscrimination and Compliance with
  CDBG/ADA/504 requirements
• Self-Evaluation and Transition Plan Availability
• Grievance Procedure
• Grievance Procedure Availability
• Reasonable Modification Policy
• Contractor Assurance of Compliance Form
• Disability Advisory Board Development and Mission
  Statement
• Implementation Action Plan
• City Employee Training

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Effective and Accessible Communications
The Communications Section of the Self-Evaluation
includes, at a minimum, how the following will be
made accessible/available Existing written
materials Assurance that auxiliary aids and
services are readily Available Public meetings,
hearings, and conferences Telephone
communications Web/Public Computer ADAICT
members/ADA Coordinator should be responsible for
ensuring accessible communications in each
respective department and IT should be
responsible for ensuring Web Site/Public Computer
accessibility.
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Communication

• Equally Effective Communication
• Examples
• Large Print
• Braille
• Assistive Listening Devices
• Qualified Interpreters
• Visual Alarms
• Braille Signage
• Consideration given to needs of individual with
  disability

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Policies that Direct the Operation of Programs
and Services - Notice
It is the policy of the Your Government not to
discriminate in its programs or services provided
to the general public, including employment and
all other activities, on the basis of race,
color, religion, national origin, citizenship,
sex, sexual orientation, age, disability, veteran
status or any other similarly protected status.
This policy is articulated and dispersed
throughout the Your Government via the Your
Government Employment Application, Employee
Handbook, public notification/information boards
at specific City buildings and newspaper ads.
  Your Government is committed to help ensure
that the practices and conduct of all its
employees comply with the requirements of federal
and state laws against employment discrimination.
The Your Government will not tolerate any such
harassment or discrimination of employees by
their co-workers, supervisors or by vendors. Any
complaints of discrimination based on disability,
from the general public or from an employee,
including grievances or other disability-related
issues, should be directed to the ADA
Coordinator, Coordinators Name
at Address Phone Including Relay Number or
TDD Fax Email Your Governments specific
Departmental ADA Coordinators can also be
contacted as defined by the below
information Human Resource Department Name,
Address, Phone Number, Email Police Department
Name, Address, Phone Number, Email Etc.
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Policies that Direct the Operation of Programs
and Services - Notice

• The Notice of Nondiscrimination includes, at a
  minimum, the following information
• Contact information for the Citys ADA
• Coordinator.
• A means of requesting auxiliary aids or other
  services specifically for individuals with
  disabilities.
• The availability of printed materials in
  alternate formats.
• A statement that a grievance procedure exists
  including contact information for the purpose of
  filing a grievance.

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ADA Coordinator The individual who organizes,
assures quality, and implements of the Self
Evaluation
ADA Coordinator
Organizes the Internal Compliance Team Provides
Specific Direction to the Team Establishes/Main
tains the Disability Advisory Council Provides
Training to the Compliance Team and the
Disability Advisory Council Ensures the Quality,
Creation and Implementation of the Self
Evaluation
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Transition Plan

• Required if 50 or more employees.
• Required when structural changes to existing
  facilities are necessary to make programs
  accessible.
• The Transition Plan Must
• Identify physical obstacles that limit access
• Describe methods to make facilities accessible
• Provide a schedule for making the modifications
• Indicate the individual responsible for
  implementing the Transition Plan
• Public entities that have authority over streets,
  roads or walkways, must have a schedule for curb
  ramps.

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Name of facility and Location of
potential barriers
Disability Advisory Council Role
Recommended corrections and prioritization
Accessibility Guideline Reference
Final decision Making by Local Gov.
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Transition Plan
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Deadlines for Compliance

• Designate Responsible Employee
• Title II 1/26/1992
• Provide Notice
• Title II 1/26/1992
• Establish grievance procedure
• Title II 1/26/1992
• Conduct Self-evaluation
• Title II 1/26/1993
• Develop transition plan
• Title II 6/26/1992
• Complete structural changes
• Title II 1/26/1995

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Deadlines for Compliance Title II Section 504

• Designate Responsible Employee
• Title II 1/26/1992 504 6/3/1977
• Provide Notice
• Title II 1/26/1992 504 9/3/1977
• Establish grievance procedure
• Title II 1/26/1992 504 6/3/1977
• Conduct Self-evaluation
• Title II 1/26/1993 504 6/3/1978
• Develop transition plan
• Title II 6/26/1992 504 12/3/1977
• Complete structural changes
• Title II 1/26/1995 504 6/3/1980

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There Is More Than Just One Accessibility
Guideline

• The Americans with Disabilities Act Accessibility
  Guidelines (ADAAG) is an attachment to the ADA
  and applicable to new construction and
  alterations after January 26, 1992
• For buildings constructed or altered on or after
  June 3, 1977, but prior to January 18, 1991,
  public schools are deemed to be in compliance
  with Section 504 through compliance with the
  American National Standards Institute (ANSI)
  A117.1 - 1961
• Effective January 18, 1991, the ANSI Standards
  were superseded by the Uniform Federal
  Accessibility Standards (UFAS)
• DOJ holds that compliance with ADAAG standards
  would also constitute compliance with Section 504

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ADAAG/UFAS Time Line
77 91

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New ADAAG - Not Yet Enforceable
January 26, 1992
ADAAG January 26, 1992 to Present
January 18, 1991
UFAS January 18, 1991 to Present
ANSI June 3, 1977 to January 18, 1991
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Architectural Access Provisions

• Existing Facilities- Program Access
• New Construction- readily accessible to and
  usable by.
• Alterations- Altered area must be readily
  accessible and usable by.
• Curb Ramps

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New Construction, Alterations Existing
Facilities Title II

• New Construction (After Jan 26, 1992) UFAS or
  ADAAG Guidelines - Unless Structurally
  Impracticable (no cost defense)
• Alterations (After Jan 26, 1992) UFAS or ADAAG
  Guidelines - Unless Technically Infeasible (no
  cost defense) Note 4.1.6(3) Special Technical
  Provisions
• Existing Facilities (Before Jan 26, 1992) UFAS
  or ADAAG Alterations provisions - Unless
  Fundamental Alteration or Undue Financial Burden
  (Program access is the key to compliance in
  existing facilities under Title II)

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ADAAG - WHAT AREAS NEED TO BE ACCESSIBLE
ACCORDING TO ADAAG IN NEW CONSTRUCTION?

• PUBLIC AREAS
• COMMON USE AREAS
• WORK AREAS FUNCTIONING AS PUBLIC USE AREAS

WHAT AREAS DO NOT HAVE TO BE FULLY ACCESSIBLE?

• WORK AREAS

Access for approach, entry and exit to work areas
Areas used only by employees as work areas
Private toilet room for the occupant of
private office (Permitted to be adaptable)
Public or common use areas
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ADAAG - Alterations triggering additional
requirements
Alterations to primary function areas trigger a
requirement to make the path of travel from the
entrance to the altered area accessible costing
up to 20 of the cost of the original alteration.
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ADAAG
1 through 3 Purpose Sets guidelines for
accessibility General Defines substantially
equivalent or greater standard Miscellaneous
Instructions and definitions Section 4 Scope
Specifies where, when and how many accessible
elements and spaces must be provided Technical
Requirements describes how to design and build
accessible features
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Water Closets Clear Floor Space
Dos
Donts

• 5 Foot Turning Radius can overlap Clear Floor
  Space
• Clear Floor Spaces can overlap
• Door swing can overlap (No Limit) 5 foot turning
  Radius

Clear Floor Space

• Doors cant swing into clear floor Spaces
• Overlap Fixtures into the Doors Maneuvering
  Clearance

5 Foot Turning Radius
Clear Floor Space
Door Swing
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Self Evaluation - Employment

• Public advertising of vacant positions and other
  job opportunities
• Processing and review of applications
• Testing and minimum requirements as a condition
  of employment
• Interviewing, including responding to requests
  for accommodation
• Promotion/demotion, layoff/reinstatement, or
  transfer
• Job assignments/classifications and
  nondiscriminatory treatment
• Access to benefits, including opportunities for
  training and other
• benefits
• Process for considering a request for a
  reasonable accommodation
• Employment policies and practices modifications

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Who is covered by the employment provisions of
the ADA?

• All Private Employers with 15 or more employees
• All State and Local Governments
• Some states have different standards under their
  state laws
• Exceptions
• The Unites States or a corporation owned by the
  U.S.
• An Indian tribe
• A bona fide private membership club that is
  exempt for taxation under the 1986 IRS code.

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What are reasonable accommodations?

• Modification or adjustment to the job application
  process.
• Modification to the work environment or the
  manner in which the job is customarily performed.
• Modification or adjustment to allow the equal
  enjoyment of benefits and privileges of
  employment.

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What are some of the basic principles of a
reasonable accommodation?

• The accommodation must be effective
• The accommodation must reduce barriers related to
  a persons disability
• The accommodation doesnt have to be the best as
  long as it is effective

cont.
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How are the employment sections of the ADA
enforced?

• Internal Grievance Procedure
• Not Required by law
• Filing Administrative Complaint with the EEOC
• Filing Lawsuit
• Requires Right to Sue letter from EEOC
• Alternative Dispute Resolution

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ADA Title II Compliance FlowchartPhase I Phase
II Phase III

• Training
• ADA Training
• Orient to Roles

Staff Training Maintenance of Access
Features Monitoring
Appoint ADA Coordinator Statement of Commitment

• Planning
• Orient ADA Coordinator
• Define structure
• Recruit compliance team
• Recruit community participants
• Refine planning and implementation process
• Draft and publish public notice
• Establish grievance procedure

Self Evaluation Employment Nondiscrimination in
Programs and Activities Effective
Communications Program and Facility Accessibility
Modifications to Policies and Practices Developme
nt of Communication Capacity
Program Access Solutions Structural Nonstructural
Nonstructural Modifications Transition Plans
Capital Planning
Participation of Disability Community

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Disability Advisory Board
The Disability Advisory Board provides the checks
and balances necessary for implementation
activities. The Board also provides the impetus
and power for the ADA Coordinator to act. The
ADA Coordinator must have a kinship relationship
with the Board members. The Disability Advisory
Councils signatures on the Self Evaluation is
further insurance (inoculation) from ADA lawsuits
and required by law.
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Contractor Assurance Form
Contractor Assurance of Compliance Form
The Contractor Form is one more step to assure
that if a contractor does not comply with ADAAG
specifications during new construction or
alterations, your local government has some
recourse and protection from liability.
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Consultant
A Consultant or various consultants may be
necessary in order to create the Self Evaluation
and Transition Plan, or create specific portions
of these documents. Generally a good consultant
can help with technical, legal and implementation
issues. A good consultant should be an asset
(as opposed to a detriment) to the ADA
Coordinator and the Disability Advisory Board. A
good consultant should be an expert with a proven
track record and, be willing and capable of
assuming as much liability as the government
entity they are assisting.