Transcript ADA
ADA Americans with Disabilities Act ADA OVERVIEW For an overview of the ADA, just click here to get to the homepage: http://www.ada.gov FULL TEXT OF THE ADA AMERICANS WITH DISABILITIES ACT of 1990 To view the full text, go to: http://www.ada.gov/pubs/ada.txt QUESTIONS AND ANSWERS For a review of frequently asked questions and answers, just click here: http://www.ada.gov/publicat.htm#Anchor- ADA-44867 Following this overview is a powerpoint presentation developed by Margaret Jacobson for training purposes. The Americans with Disabilities Act (ADA) Margaret Jakobson, Managing Attorney San Diego Regional Office Protection & Advocacy, Inc. (PAI) What is the ADA? Civil rights law for people with disabilities Federal statute - 42 USC § 12101 and following Regulations Guidelines (ADAAG) Technical assistance manuals Judicial decisions What Does the ADA Cover? Employment State & Local Government Services Public Accommodations Relay Services What is NOT Covered by the ADA Airlines Housing Special Education What is Required for the ADA to Apply to a Situation? The individual must be a person with a disability The individual’s disability must be known The individual must be qualified in some situations The program/business/entity involved must be one covered by the ADA There must be discrimination that is prohibited by the ADA There is no permitted excuse for the discrimination Disabled Under the ADA Physical or mental impairment that substantially limits one or more major life activities, or Record of such an impairment, or Regarded as having such an impairment Knowledge of Disability & Qualified In order to be covered by the ADA, your disability must be known Under Title I and II, you must be a qualified person with a disability Covered Entity State or local government under Title II Private entities that operate public accommodations (private businesses) under Title III Private employer with 15 or more employees under Title I Discrimination in Employment Denial in hiring/promotion or other employment privileges Fired because of a disability Denial of reasonable accommodation Discrimination by State & Local Services Refuse services Segregated services Eligibility criteria that screens out PWDs Refuse to make reasonable modifications Refuse to furnish auxiliary aids Cannot charge more Program access Architectural access denied (new and altered buildings) Inadequate transition plan and/or self evaluation plan Discrimination by Public Accommodations Refuse services Segregated services Eligibility criteria that screens out PWDs Refuse to make reasonable modifications Refuse to provide auxiliary aids Architectural access denied (new, altered and existing buildings) Defenses to Discrimination Undue financial burden Undue administrative burden (Title II only) Fundamental alteration in nature of service Direct threat to health and safety Remedies Informal - Letter/Telephone Call/Meeting Mediation Administrative complaint Court lawsuit ADA Resources US Department of Justice www.usdoj.gov Federal Transit Administration www.fta.dot.gov Equal Employment Opportunity Commission www.eeoc.gov US Architecture & Transportation Barriers Compliance Board www.access-board.gov PAI www.pai-ca.org Disability & Business Technical Assistance Centers www.adata.org