Disability Rights: A Guide to Laws and Resources

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Disability Rights A Guide to Laws and Resources
Presented by Casie Moran, CIRS Clearinghouse on
Disability Information 4050 Esplanade Way, Suite
315 Tallahassee, FL 32399 www.abilityforum.com 1-8
77-ADA-4YOU
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What we will cover

• A General Understanding of the ADA Four Titles
• A General Understanding of the Fair Housing Act
  the Four Requirements
• A Review of Best Resources
• Your Questions and Answers

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• The Americans with Disabilities Act of 1990
• A civil rights law protecting over 52 million
  Americans

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• The Five Titles of the ADA
• Title I Employment
• Title II Government services
  Transportation
• Title III Public accommodations
• Title IV Telecommunications
• Title V Miscellaneous

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ADA Exclusions

• Housing and provision of air transportation
  covered by other federal laws
• Businesses owned and operated by religious
  organizations
• Genuinely private clubs
• Federal government and Congress

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Who is protected by the ADA?

• A person who ...
• Has a physical or mental impairment that
  substantially limits one or more major life
  activity.
• Has a history of such an impairment
• Is perceived as having such an impairment
• Is associated with an individual with an
  impairment

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Introduction to Title IEmployment

• The Americans with Disabilities Act (ADA) makes
  it unlawful to discriminate in employment against
  a qualified individual with a disability.
• Applies to all employers with 15 or more
  employees
• Enforced by the Equal Employment Opportunity
  Commission (EEOC)

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Who is a qualified individual with a disability?
Qualified individual with a disability means an
individual with a disability who satisfies the
requisite skill, experience, education and other
job-related requirements of the employment
position such individual holds or desires, and
who, with or without a reasonable accommodation,
can perform the essential functions of such
position.
What is an essential job function?
The term essential functions means the
fundamental job duties of the employment position
the individual with a disability holds or
desires. The term essential functions does not
include the marginal functions of the position.
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What is a reasonable accommodation?

• Modifications or adjustments to a job
  application process
• Modifications or adjustments to the work
  environment
• Modifications or adjustments that enable a
  employee with a disability to enjoy equal
  benefits and privileges of employment

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• Reasonable Accommodation Requirement
• An employer is required to provide a reasonable
  accommodation to a qualified applicant or
  employee with a disabilities unless the employer
  can show that the accommodation would be an undue
  hardship.

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What is an undue burden and what factors can be
considered in determining undue hardship?
Undue hardship means, significant difficulty or
expense incurred by a covered entity, when
considered in light of several factors.
General Prohibitions
An employer must not limit, segregate, or
classify a job applicant or employee in a way
that adversely affects his or her employment
opportunities or status on the basis of
disability.
A Note about Reasonable Accommodations

• A qualified individual with a disability is not
  required to accept an accommodation.

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EEOC

• Equal Employment Opportunity Commission
• 1-800-669-4000
• TTY number is 1-800-669-6820
• www.eeoc.gov

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Title I - Best Resource

• Job Accommodation Network
• 1-800-526-7234 (voice/TTY)
• www.jan.wvu.edu
• JAN, a free consulting service designed to
  increase the employability of people with
  disabilities.

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J.A.N. Services

• Providing individualized worksite accommodations
  solutions.
• Providing technical assistance regarding the ADA
  and other disability related legislation.
• Educating callers about self-employment options .
• Searchable Online Accommodation Resource (SOAR)
  by disability.

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Introduction to Title II Governmental Entities
Transportation

• Title II covers all activities of State and local
  governments regardless of the government entitys
  size or receipt of Federal Funding.
• Enforced by the U.S. Department of Justice
• Federal Transit Administration/ USDOT

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General Rule

• A public entity shall operate each service,
  program or activity so that the service, program,
  or activity, when viewed in its entirety, is
  readily accessible to and usable by individuals
  with disabilities.

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Prohibitions under Title II

• A public entity may not directly or through
  contractual, licensing or other arrangement
• Deny Opportunities
• Unequal Opportunity
• Ineffective Opportunity
• Aid Organizations
  that
  Discriminate

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Policies and Practices under Title II

• A public entity shall make reasonable
• modifications in policies, practices and
• procedures when the modifications are
• necessary in order to avoid discrimination
• Exception If the public entity can demonstrate
  that making the modifications would fundamentally
  alter the nature of the service, program or
  activity.

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Eligibility Criteria under Title II

• A public entity shall not impose or apply
  eligibility
• criteria that screen out or tend to screen out an
  individual
• with a disability or any class of individuals
  with
• disabilities from fully and equally enjoying any
  service,
• program or activity.
• Exception If such criteria can be shown to be
• necessary for the provision of the service,
  program, or
• activity being offered.

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Integrated Settings

• A public entity shall administer services,
  programs, and activities in the most integrated
  setting appropriate to the needs of qualified
  individuals with disabilities.

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Surcharges

• A public entity may not place a surcharge on a
  particular individual with a disability or any
  group of individuals with disabilities to cover
  the costs of measures, such as the provision of
  auxiliary aids or program accessibility, which
  are required to provide that individual or group
  with the nondiscriminatory treatment required by
  the ADA.

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Maintenance of Accessible Features

• A public accommodation shall maintain in operable
  condition those features of facilities and
  equipment that are required to be readily
  accessible to and usable by persons with
  disabilities by the ADA.

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Communications Access

• Where a public entity communicates by telephone
  with applicants and beneficiaries, TTYs or
  equally effective telecommunications systems
  shall be used to communicate with individuals
  with impaired hearing or speech.
• Telephone emergency services, including 911
  services, shall provide direct access to
  individuals who use TTYs and computer modems.

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Program Accessibility

• No qualified individual with a disability shall
  be
• excluded from participation in, or be denied the
• benefits of, the services, programs, or
  activities of a
• public entity, or be subjected to discrimination
  by
• any public entity because a public entitys
  facilities
• are inaccessible to or unusable by individuals
  with
• disabilities.

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Title II Best Resource

• 1-800-514-0307 (7)
• 1-800-514-0383 (TTY)
• www.ADA.gov
• The U.S. Department of Justices Americans with
  Disabilities Act Home Page. Specifically
  covering Title II (State and Local Government
  Activities and Public Transportation) and Title
  III (Businesses and nonprofit service providers).

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Title II - Services

• ADA Enforcement and Mediation Program
• ADA Design Standards
• ADA Technical Assistance
• ADA Checklist and Guidelines
• Law Enforcement
• Local Governments
• Website Accessibility

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Introduction to Title IIIPublic Accommodations

• Access to Goods and Services
• Your Rights as a Customer
• Enforced by the U.S. Department of Justice

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Who is protected by Title III?

• Same definition as in Title I
• Persons with disabilities
• Persons considered to have a disability
• Persons with a history of disability
• Persons associated with those with a disability

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Who is Covered by Title III?

• Public accommodations, (i.e. restaurants, bars,
  exhibition, sales/rental offices, public
  displays, social services, fitness centers,
  transit stations, lodgings, auditoriums, retail
  and service, education and recreation),
  individuals, professional offices, corporations,
  are covered by Title III.
• Commercial facilities, shopping malls, warehouses
  and storage facilities, office buildings and
  parks are covered by Title III

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Unlawful Discrimination

• No individual shall be discriminated against on
  the basis of disability in a place of public
  accommodation

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Reasonable Modifications

• A public accommodation must reasonably modify its
  policies, practices or procedures to avoid
  discrimination.
• Example Service Animals, Providing an assistant,
  etc.

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Modification Exceptions

• The business can show that it would fundamentally
  alter the nature of the services or
  accommodations being offered
• Providing the aid or service would result in an
  undue burden, i.e., significant difficulty or
  expense
• However public accommodations shall accommodate
  to the maximum extent possible

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Accommodations for Persons with Visual Impairments

• Reading short written documents on request
• Large print versions of menus/lists of services
• Use of Braille for larger documents
• Add tactile/Braille signage at facilities

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Accommodations for Persons with Hearing
Impairments

• Using a pad for written conversations
• Availability of amplified telephone equipment
• Availability of a text telephone
• Availability of captioned video
• Installation of visual alarms
• Sign language interpreters for the provision of
  professional services
• Remember, you can not charge for
  accommodations!

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Not Required by the ADA

• Changes to the essential nature of the business
• Displaying merchandise in a manner that reduces
  selling area
• Providing restrooms or non-smoking spaces where
  such are not otherwise available

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Title III - Best Resource

• 1-800-514-0307 (7)
• 1-800-514-0383 (TTY)
• www.ada.gov
• Services
• ADA Business Connection
• Information for Businesses including ADA
  Publications
• ADA Business Briefs
• Design Standards
• ADA Regulations

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Introduction to Title IVTelecommunications

• Telephone and television access for people with
  hearing and speech disabilities.
• Enforced by Federal Communications Commission

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Title IV - Requirements

• access to telephone and television services for
  people with hearing and speech disabilities
• requires telephone companies to establish
  interstate and intrastate telecommunications
  relay services that remain available 24 hour a
  day 7 days a week
• requires closed captioning of Federally funded
  public service announcements

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Title IV Best Resource

• Federal Communications Commission (FCC)
• www.fcc.gov/cgb/dro
• 1-888-225-5322 (Voice)
• 1-888-835-5322 (TTY)

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The Fair Housing Act

• Is Title VIII of the Civil Rights Act of 1968 a
  Federal Law, that prohibits discrimination in the
  sale, rental, and financing of dwellings, and in
  other housing-related transactions, based on
  race, color, national origin, religion, sex,
  familial status and disability.

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Fair Housing Requirement 1

• Prohibits discrimination against persons with
  disabilities.
• It is unlawful for a housing provider to refuse
  to rent or sell to a person simply because of a
  disability. A housing provider may not impose
  different application or qualification criteria,
  rental fees or sales prices, and rental or sales
  terms or conditions than those required of or
  provided to persons who are not disabled.

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Fair Housing Requirement 2

• Requires housing providers to make reasonable
  accommodations for persons with disabilities.
• A reasonable accommodation is a change in rules,
  policies, practices, or services so that a person
  with a disability will have an equal opportunity
  to use and enjoy a dwelling unit or common space.

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Fair Housing Requirement 3

• Requires housing providers to allow persons with
  disabilities to make reasonable modifications.
• A reasonable modification is a structural
  modification that is made to allow persons with
  disabilities the full enjoyment of the housing
  and related facilities.

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Fair Housing Requirement 4

• Requires that new covered multifamily housing be
  designed and constructed to be accessible.
• In covered multifamily housing consisting of 4 or
  more units with an elevator built for first
  occupancy after March 13, 1991, all units must
  comply with the design and construction
  requirements of the Fair Housing Act.

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HUD

• U.S. Housing and Urban Development
• www.hud.gov
• Complaint Process
• Guidance
• Case Study
• Local Resources Enforcement Agencies

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Fair Housing - Best Resource

• Fair Housing Accessibility FIRST
• 1-888-341-7781 (Voice/TTY)
• www.FairHousingFIRST.org

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Clearinghouse on Disability Information

• Contact the Clearinghouse Toll Free and/or by TTY
  at
• 877-ADA-4-YOU (877-232-4968)
• E-Mail clearinghouse_at_dms.myflorida.com
• Address
• 4030 Esplanade Way Suite 315
• Tallahassee, FL 32399
• Web Address www.abilityforum.com

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