Transcript American with Disabilities Act

Americans with Disabilities
Act Overview of Title II
The City of Santa Rosa
What is it
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Federal Law
Prevents discrimination
Requires accommodation
Requires accessibility
Sets standards
ADA
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TITLE I
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TITLE II
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Employment
Public Services, Programs and activities
TITLE III
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Public Accommodations
History
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On July 26, 1990, President George H. W.
Bush signed into law the Americans with
Disabilities Act (“ADA”) saying these words,
“Let the shameful wall of exclusion finally
come tumbling down.” One of the most
important civil rights law to be enacted since
the Civil Rights Act of 1964, the ADA prohibits
discrimination against people with disabilities.
Requirements for Public Entities
Title II
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General Nondiscrimination Requirements
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Equally Effective Communication
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Program Accessibility
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Employment
General Nondiscrimination Requirement
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Equal Opportunity – to participate in programs and activities.
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Integrated Programs – integration of people with disabilities is the goal
of the law.
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Methods of Administration – may not use official written policies that
are discriminatory.
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Reasonable Modification of Policies, Practices, and Procedures –
unless to do so would fundamentally alter the nature of the service,
program or activity.
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Eligibility Criteria – cannot screen out people with disabilities.
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Surcharges – not permissible to assess fee to offset costs of an
accommodation.
Equally Effective
Communications
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For individuals who are deaf or hard of hearing: qualified
sign-language and oral interpreters, note takers, computer-aided
transcription services, written materials, telephone headset
amplifiers, assistive listening systems, telephones compatible
with hearing aids, open and closed captioning, videotext
displays, and TTYs (teletypewriters).
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For individuals with who are blind or have low vision:
qualified readers, taped texts, Braille materials, large print
materials, materials in electronic format on compact discs or in
emails, and audio recordings.
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For individuals with speech impairments: TTYs, computer
stations, speech synthesizers, and communications boards.
Program Accessibility
Before January 26, 1992 - Referred to as “pre-ADA”
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An entity may remove the barrier using the ADA Standards for
Accessible Design or UFAS as a guide,
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or choose to make the program, service, or activity located in the
building accessible by providing “program access.”
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Program access allows you to move the program to an
accessible location, or use some way other than making all
architectural changes to make the program, service, or activity
readily accessible to and usable by individuals with disabilities.
Program Accessibility
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After January 26, 1992
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Must be “readily accessible to and usable by” persons with
disabilities.
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For ADA compliance purposes, any facility where construction
commenced after January 26, 1992 is considered “new,” “newly
constructed,” or “post-ADA.”
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“Readily accessible to and usable by” means that the new or
altered building must be built in strict compliance with either the
ADA Standards for Accessible Design or UFAS (Uniform Federal
Accessibility Standards).
Program Accessibility
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Fundamental Alteration and Undue Burdens – A public entity
is not required to take any action that will result in a fundamental
alteration to the program, service or activity or create undue
administrative or financial burden.
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Historic Preservation – Buildings under the National Register of
Historic Places are not required to take any action that would
threaten or destroy the historic significance of the property.
Employment
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Title II prohibits all public entities, regardless
of the number of employees, from
discriminating against qualified individuals
with disabilities in employment.
What is covered?
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Basic mandate is that an employer cannot
discriminate against an employee on the
basis of disability in any aspect of the
employment relationship.
Including application process, testing,
interviewing, hiring, assignments, evaluation,
discipline, medical examinations,
compensation, promotion, training, layoff,
recall, termination, leave, and benefits such
as health insurance.
Qualified Individual with a
Disability
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A person who has the skills experience and
education for the job,
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Can perform the essential functions of the job
with or without reasonable accommodation.
Essential Functions of the Job
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Fundamental elements of the job.
Does not include the marginal functions of
the position.
Essential:
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Whether the reason the position exists is to
perform the function
Whether a limited employees are able to perform
the job function
Degree of specialization required to perform the
task.
Evidence for Essential
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Written job description before advertising or
interviewing.
Terms of collective bargaining agreement.
Percentage of time spent performing the function.
Work experience of past employees
Work experience of current employees
Consequences of not requiring that function to be
performed
Employer’s judgment
Reasonable Accommodation
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Employer’s responsibility
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Types
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Part-time or modified schedules
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Job restructuring
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Job reassignment
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Provision of auxiliary aids and services
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Modifications to a job or work site
Undue Hardship
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Nature and cost of the accommodation.
Overall financial resources of the facility, number of
employees, effect on expenses and resources.
Type of operation including composition, structure,
function of work force, geographic separateness and
administrative or fiscal interrelationships.
Impact of the accommodation on business
operations.
City Accomplishments
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Program Accessibility
Effective Curb Ramp Program
General attitude of respect for diversity and
attempt to accommodate
Community Committee
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Community Groups
 Becoming Independent
 Disability Services & Legal Center
 Earle Baum Center of the Blind
 Community Housing Development Corp
 Council on Aging
City Reps
 ADA Coordinator – Mardell Morrison
 City Attorney – Caroline Fowler
 Risk Manager – Lynne Margolies
Members of the Public
Internal Committee
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Liaison from each department
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Need to know their department’s issues
Trained in ADA policy
Train others in the department
Know where to find things, how to get them done
City Website
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For the public - internet
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General information on City ADA related Policies
Links to other useful sites
Who to complain to
Where to make requests
Internally – intra net
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TOOLKIT
 List of resources
 List of equipment
 Links to Web Based Information
More Information?
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ADA Website
ada.gov
Equal Employment Opportunity Commission eeo.gov
Public Transportation (DOT)
fta.dot.gov
US Access Board
access-board.gov
Parks and Recreation-Department of Interior doi.gov
Links to Federal web sites and other web sites with disabilityrelated information disability.gov