TEST 2 - PLA4022
A service animal has been defined as
"any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability...." Additionally, miniature horses can also be considered service animals yet the requirements of such an animal are a bit different. Such factors as type, size, and weight of the horse are taken into account.
What does the ACAA prohibit?
- Discriminating against individuals with disabilities by denying air transportation. - Requiring a person with a disability to accept special services. - Taking adverse action against an individual who asserts rights under the ACAA.
What are Collective Bargaining Agreements?
An accommodation is also inappropriate if it undermines the purpose of a collective bargaining agreement.
Why is it illegal to "otherwise make unavailable or deny" housing?
Because of: - the buyer's or renter's disability. - a person who will reside in the home is disabled. - a person who is associated with the buyer or renter is disabled.
What are multi-family dwellings?
Buildings consisting of 4 or more units called multi-family dwellings.
What does Title III of the ADA say about Over the Road Buses?
Cannot deny transportation to the disabled, use other passengers to help the disabled enter and exit the bus, or request a disabled person to reschedule their trip. One of the major providers that this provision applies to would be Greyhound buses.
What did the Department of Housing and Urban Development do?
Created standards for residential buildings.
Does the fifteen employee threshold apply to state and local governments?
It is important to note that the fifteen employee threshold does NOT apply to state and local governments. Here the number of employers is irrelevant. Rather under Title II of the ADA simply being a type of government entity invokes ADA protections.
Are Private Entities normally engaged in the business of transporting people are subject to different regulations?
No. If said entity engages in transporting the public on a fixed route, only vehicles in excess of sixteen seats need be disabled accessible.
Who has the duty to hire disabled Americans?
Only our Federal Government itself has an affirmative duty to hire disabled Americans. All other entities simply cannot refuse to hire or promote an individual on the basis of a disability. In 1992 the same standards from the Rehabilitation Act were adopted by the ADA. So in speaking about the specifics of each piece of legislation, the main difference is only as to their applicable population.
How much of the U.S. homeless population is disabled?
Over 40%.
What are the four main laws in the public domain that act to protect disabled Americans from discrimination in employment?
Section 501, 503, 504 of the Rehabilitation Act and Title I of the ADA.
What does Section 503 prevent?
Section 503 prevents discrimination by federal contractors having contracts worth $10,000 or more with the Federal Government.
What does Section 504 prevent?
Section 504 prevents discrimination in employment by anyone who receives federal financial assistance.
What is the definition of a public entity?
The meaning should be looked at broadly to include any state or local government, the National Railroad Passenger Corporation, and any rail commuter authority. Part 1 of Division B of Title II of the ADA covers "public transportation" provided by bus or rail. It also covers any other conveyance except air travel. This requirement only applies to vehicles that operate on fixed routes.
What are the primary responsibilities of the Architectural and Transportation Barriers Compliance Board?
The primary responsibilities of the board are: - to ensure compliance with the ABA - to create minimum requirements for a barrier free environment - to look into alternatives to promoting access - to offer suggestions for increasing access to the executive and legislative branches of the federal government. The board has the authority to act as a party in civil lawsuits to assist with these goals.
What does Part 1 of Title II of the ADA say about Stations?
The requirement that transportation be disabled friendly also applies to station along the routes that the actual vehicles ride.
What does Part 2 of Title II of the ADA say about Stations?
The requirement that transportation be disabled friendly also applies to station along the routes that the actual vehicles ride.
What was the state purpose of the handicapped parking system?
The state purpose of the system was to eliminate parking tickets faced by disabled drivers outside their home states. Previously, law enforcement would not recognize the disabled designation provided by one state in another. So for instance, one could be disabled for parking purposes in Florida but not In Georgia.
What does the Air Carriers Access Act do?
This law provides that airline carriers may not discriminate against the disabled.
Title III only covers
non-residential locations. And is typically not dependent on the size of the venue or the number of employees found there.
Housing for the disabled is covered by
the Fair Housing Act.
Title III intent
to prevent discrimination in such places like factories, warehouses, office buildings, and other locations where people work.
In trial courts
use a burden shifting test
What are requirements for multi-family dwellings?
- All doors are wide enough for passage of wheelchairs wheelchair ramps in and out of the location. - Light switches and environmental controls are located in accessible locations. - Bathroom walls are reinforced to permit grab bars bathrooms and kitchens are built to allow wheelchair accessibility.
When was The Architectural Barriers Act created?
1968
When was the Fair Housing Act passed?
1968
When was the Air Carriers Access Act passed?
1986
When was the Architectural and Transportation Barriers Compliance Board enacted?
1992
When did Congress passed legislation requiring the Department of Transportation to establish a fundamental system for "handicapped parking."?
1998
When did congress enact Section 508?
1998
How long did it take for the protections guaranteed to the poor by this piece of legislation to assist the disabled?
20 years
What did the EEOC interpret the Title I regulation to mean?
A direct threat that poses "a significant risk of substantial harm to health or safety of the individual or others that cannot be eliminated or reduced by a reasonable accommodation." But without clear direction on whether this applies to the matter of services, there seems to be wiggle room on the part of providers.
Can air carriers impose the requirement that a disabled person have an individual airline employee accompany them during their flight if the individual is flying on a stretcher or an incubator?
Air carriers may impose the requirement that a disabled person have an individual airline employee accompany them during their flight if the individual is flying on a stretcher or an incubator. This can also occurred for a mentally disabled passenger or one who cannot comply with safety instructions on their own. If the passenger disagrees with this decision, the carrier can still impose the chaperone on the individual but may not charge for their assistance.
Can air carriers limit the number of disabled individuals on a given flight?
Air carriers may not limit the number of disabled individuals on a given flight. Nor can they prevent disabled from boarding a plane even if others find the person disability offensive or an inconvenience.
Can air carriers refuse transportation to a disabled individual over safety concerns?
Air carriers may refuse transportation to a disabled individual over safety concerns. These concerns may apply to the individual or others on the plane. However, if this occurs the carrier must state their reasons in writing within ten days.
What regulations do Aircrafts have?
Airplanes themselves must also be disabled compliant to ensure access to all aboard the aircraft. Planes that seat thirty or more individuals must have moveable armrests. Craft that can fly one-hundred passengers must have storage for at least one wheelchair. And any plane that has more than one aisle must have a bathroom that is disabled accessible.
What regulations do Facilities have?
Airports must also be accessible to the disabled. This included ensuring that an individual in a wheelchair can get from the entrance to their plane with no hinderance.
What does Part 2 of Title II of the ADA say about New Cars?
All new cars must be able to be entered by an individual in a wheelchair, have space to park and secure the wheelchair, have a seat upon which a person in a wheelchair can transfer, and have a restroom accessible to an individual in a wheelchair.
What does Title III of the ADA say about New Rail Vehicles?
All new rail passenger cars must be readily accessible to the disabled.
What does Title III of the ADA say about New Vehicles?
All new vehicles that transport eight or more individuals must be readily accessible to the disabled.
What are Medical Examinations?
An employer cannot utilize a medical exam or ask if they have a disability pre offer of employment. However, this is not true once an offer of employment has been extended. It is appropriate for an employer to require an individual to undergo a medical exam to ensure they can perform the duties of the position before employment is formalized.
What is the fifteen employee threshold?
An employer must employee fifteen employees to be policed under the act. Of course, in order to avoid compliance, employers often become very creative in defining who is and is not an employee.
What is Safety Defense?
An individual with a disability is not qualified for a job if his or her presence in the position could pose and danger to themselves or others. Courts focus on whether a "direct threat" exists as defined by a failure to be eliminated by a reasonable accommodation.
What does Part 2 of Title II of the ADA say about Used Vehicles?
Any public entity that purchases or leases a used bus or rail vehicle must demonstrate they employed good faith efforts to obtain a used vehicle that was already readily accessible to and usable by the disabled.
What does Part 2 of Title II of the ADA say about Remanufactured Vehicles?
Any vehicles that are remanufactured to extend their life for ten years or more must be retrofitted to accommodate the disabled.
What does Part 2 of Title II of the ADA say about Accessible Cars?
At least one car must be disabled accessible no matter how many cars there are if it provides commuter rail or intercity transportation.
What are some exceptions of "covered entities"?
Despite this overwhelming obvious attempt to be broad with its definition, there are some exceptions to the rule. For instance, religious organizations are not typically considered "covered entities."
What regulations do Security Screenings have?
Disabled individuals still must go through security screenings the same manner as other passengers. Additionally, any mobility aids such as canes, crutches, or wheelchairs may also be examined to ensure that no weapons are concealed. Private screenings must be requested in advanced or may be ignored by Transportation Security Administration (TSA).
Are drug abusers protected under the FHA similar to other legislation?
Drug abusers are not protected under the FHA similar to other legislation. However, protections do exist for drug abusers who are currently drug free and receiving treatment for their addiction. Current alcoholics are protected under the act so long as the individual can demonstrate that his addiction substantially limits one or more of his major life activities.
What is the Architectural and Transportation Barriers Compliance Board?
Due to a lack of statutory language regarding enforcement, Congress created the Architectural and Transportation Barriers Compliance Board. This twenty-five person committee is charged with ensuring compliance with the ABA. Membership is composed of members of the public as well as government officials.
What is the HUD and what do they do?
HUD is The Department of Housing and Urban Development. It plays an important role in the implementation of the the FHA and the FHAA. HUD has created regulations that prohibit discrimination against disabled Americans by any "person in the business of selling or renting dwellings." This includes private individuals as well as real estate agents and brokers. It is important to note that this protection does not apply to an individual who simply may be selling their own home as they are not "in the business" as defined by the law.
What does Part 1 of Title II of the ADA say about Light Rail?
If a public entity operates a light rail system containing two or more cars at least one must be disabled accessible.
What does Part 1 of Title II of the ADA say about Demand Routes Opposed to Fixed Routes?
If a public entity provides transpiration for a non fixed route but instead one that is based on demand by its riders, all vehicles purchased and leased must be Disabled led compliant.
burden shifting test
If the disabled person presents evidence that the requested accommodation is reasonable, then it falls on the entity to present evidence that the modification is an undue burden or fundamentally changes the nature of the program or service.
When and why was the Architectural Barrier act amended?
In 1976 the Act was amended to impose the same burden on all post offices throughout the country. But while the hope of the act was great, it is important to remember that the scope of the law is quite limited as applying only to federally owned, leased, or financed buildings. In reality, it transformed the city of Washington DC into an extremely accessible metropolis. Initially, it had very little effect around the country.
Determining undue burden
In making this determination one looks at the nature and cost of the action; the overall financial resources, employment demographics, and type of operation of the entity; the impact on the entity; and any legitimate safety concerns.
Who does Title II of the ADA apply to?
It applies to state and local governments as employers. The statute defines the term as: - all departments - agencies - special purpose districts - or other instrumentalities of any state or local government
What options were created to help eliminate parking tickets faced by disabled drivers outside their home states?
In response to this concern, the following options were created: - A special license plate displaying the International Symbol of Access (ISA). - A removable windshield placard with the ISA logo measuring three inches by nine and one half inches.
What does Part 1 of Title II of the ADA say about Paratransit Services?
In the event that a vehicle cannot be purchased he's or retrofitted to accommodate the disabled, the public entity must offered a paratransit vehicle ( a vehicle that can accommodate the disabled) for the route.
How does Section 504 of the Rehabilitation Act works in conjunction with the ABA?
It provides additional assistance to disabled Americans attempting to navigate their world. As Section 504 requires accessibility for all federally mandated programs, necessarily this would mean that disabled individuals need access to the buildings that house these programs. As such, Section 504 reads "new facilities shall be designed and constructed to be readily accessible to and useable by all handicapped persons," and "[a]llterations to existing facilities, shall to the maximum extent feasible, be designed and constructed to be readily accessible to and usable by handicap persons."
Does Section 508 apply to private entities?
No, only the federal government.
Are Private television broadcasters subject to regulation?
No.
If a corporation is owned by a foreigner, does the ADA apply to disabled employees who are natural born citizens of the United States?
No.
What does Title II of the ADA govern?
Public transportation by public entities.
What regulations did the Department of Transportation put in place to clarify the requirement to include the disabled in transportation matters?
Regulations were put in place that specifically said, "a recipient of DOT funds complies with its Section 504 obligations by complying with its ADA obligations." The importance of this statement illustrates the federal government's understanding that making places, services, and employment more open to the disabled would be of little value if they did not have public transportation to get there.
What did the Architectural Barrier Act do?
The Act created three federal agencies to make rules and standards regarding the design, construction, and alteration of federally owned, leased, or financed buildings to guarantee physical access for disabled Americans.
What was held in EEOC v. Metropolitan Education Enterprises, Inc., 519 U.S. 202 (1997)?
The Court concluded that such method was correct for purposes of the Civil Rights Act and therefore would also hold true for the ADA. In this method, a court will look at the number of employee on the employer's books during a given week. The end result equates to an inclusion of both full and part time employees counted towards the fifteen person threshold. If the number of employees on the payroll is at least fifteen for a twenty week period, then ADA applies.
What did the court hold in Olmstead v. L.C., 527 U.S. 581 (1999)?
The Court concluded that unjustified segregation is indeed a form of discrimination. Therefore just because an entity does not believe an individual can participate in the non-disabled event does not mean they should not be given the opportunity to try.
Who polices Section 504?
The Department of Health and Human Services (DHHS) polices this requirement. They prevent such providers from: (1) defying benefits or services to qualified individuals with disabilities; (2) providing benefits or services that are not equal in nature to those given to the non-disabled; (3) providing different or separate benefits and services to the disabled.
What does the FHA not apply to?
The FHA does not apply to religious organizations or private clubs that may only allow members of congregates to occupy a dwelling. If an individual owns three or fewer single family homes and does not use a realtor in a business transaction, then the presumption is that the act does NOT apply. The same holds true when renting living quarters that the owner occupies if there are four or fewer units.
What does The FHAA prohibit?
The FHAA prohibits the discrimination of the disabled in the sale or rental of housing.
What was held in United States Department of Transportation v. Paralyzed Veterans of America, 477 U.S. 597 (1986)?
The Supreme Court of the United States specifically found that commercial airlines do not receive financial assistance from the federal government and are not bound by Section 504 of the Rehabilitation Act.
What else can the Architectural and Transportation Barrier Compliance Board do?
The board has the authority to act as a party in civil lawsuits. From time to time, the board will also look into complaints filed by citizens under the ABA. As the board acts as the moving party in a civil suit, the complaining individual simply is the whistleblower who spurns the board into action. All efforts are made by the board to obtain compliance by the offending location prior to the inception of a lawsuit.
What did the court hold in Milton v. Scrivner, Inc., 53 F.3d 1118 (10th Cir. 1995)?
The court explained that in defining was is essential to job performance a finding that all employees engage in the activity is necessary. It is also important to remember that it is irrelevant how the essential function is performed only that it can be completed in an appropriate manner.
What are covered entities?
Title I of the ADA uses the term "covered entities" in defining who cannot discriminate against qualified individuals at work. The statute goes on to define this term for us by including employers, employment agencies, labor organizations, or joint-labor management committees.
What does Title III of the ADA deal with?
Title III of the ADA deals with private entities and public transportation. A distinction is made between individuals who primarily engage in the business of transporting people and those that do not.
What is the definition of "handicap" to the FHAA?
Under the FHAA, one is "handicap" if: - a person has a physical or mental impairment that substantially limits one or more major life activity and either has a record of such impairment or is regraded as having such an impairment.
Do employees need make their disability known to their employer in order to benefit from a accommodation?
Yes, and employers are well within their rights to request documentation of their disability if it is not obvious.
Are public television networks subject to regulation?
Yes, despite this to increase profits most television companies comply with federal requirements.
Can compliance with the ABA and Section 50 be achieved in different methods?
Yes. ABA mandates accessibility by the entire building. 504 focuses on the service. For instance, to comply with ABA one must ensure the structure can be accessed by a disabled person while 504 can be complied with by providing an alternative means for the individual to enjoy the specific federal program (ie. through the internet versus coming in to the building). Typically, this means that 504 is broader in scope as a federal program can be administered in a non federally funded building.
What does the term dwelling mean in legislation?
"Any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families and any vacant land which is offered for sale or lease for the construction or location thereon of [a future dwelling]."
How does Federal law define "essential functions"?
"Job tasks that are fundamental and not marginal."
What does Part 1 of Division B of Title II of the ADA cover?
"Public transportation" provided by bus or rail. It also covers any other conveyance except air travel. This requirement only applies to vehicles that operate on fixed routes.
What are some suggested accommodations?
- Making existing facilities readily accessible - Job restructuring - Part time or modified work schedules - Reassignment to vacant position - Acquisition of devices to assist the disabled employee
What are some factors to consider when determining what is and is not an essential function?
- The amount of time spent on the job performing the function. - The consequences of not requiring the employee to perform the function. - Terms of any collective bargaining agreement. - Work experience of any past and present employees in that and similar jobs.
What do they look at to determine direct threat?
- The duration of the risk. - The nature and severity of the potential harm. - The likelihood that the harm will occur. - The imminence of the potential harm.
What is the two prong test for employers to utilize under the EEOC?
1). does the individual have the requisite skill, experience, education, and other job related requirements of the position, and 2). does the individual have the ability to perform the essential functions of the position with or without a reasonable accommodation.
What are the three federal agencies that the Architectural Barrier Act created?
1. The Department of Housing and Urban Development 2. The Department of Defense 3. The General Services Administration
Does the ADA makes any mention of a safety concern?
Additionally, the ADA makes no mention of a safety concern whatsoever in it text. It does create a safety defense in Title I but again this applies to employment.
Wha tis Undue Hardship?
An accommodation is never considered appropriate if it imposes an "undue hardship" on the employer. This term is defined by statute and is "an action requiring significant difficulty or expense." Of course, only an employer's net costs are considered in determining whether an accommodation is reasonable.
What does Part 1 of Title II of the ADA say about New Vehicles
Any new buses or rail vehicles that are purchased or leased by a public entity must be "readily accessible to and usable by individuals with disabilities."
What does Part 1 of Title II of the ADA say about Remanufactured Vehicles?
Any public entity that purchases or leases a used bus or rail vehicle must demonstrate they employed good faith efforts to obtain a used vehicle that was already readily accessible to and usable by the disabled.
What does Part 1 of Title II of the ADA say about New Vehicles?
Any vehicles that are remanufactured to extend their life for five years or more must be retrofitted to accommodate the disabled.
What did the Architectural Barriers Act (ABA) 42 U.S.C.A Sect.4151-4156 do?
Created a barrier free world.
What did the General Services Administration do?
Created for all other buildings.
What did the Department of Defense do?
Created standards for military structures.
What was the amendment to the Federal Aid Highway Act that was passed in 1975?
It required that projects receiving funding under the act "allow effective use by persons with disabilities."
What does Section 508 requires?
It requires federal agencies to ensure, unless it would pose an undue burden to do so, that electronic and information technology (EIT) be accessible to federal employees with disabilities as well as disabled individuals from the the public who are seeking such services.
What does Part 2 of Division B of the ADA deal with?
It specifically deals with commuter rail services and intercity services by rail. But the service must be provided by the National Railroad Passenger Corporation. Think Amtrak!
What was the 1982 amendment to the UMTA?
It was amended to include the Surface Transportation Assistance Act. This mandated that the Secretary of Transportation formulate rules utilizing the three previous pieces of legislation to establish minimum standards to assist the disabled.
Why is the term "other job related requirements" included?
It's included to recognize that a position may require certain soft skills beyond education, skill, and experience to be successful in the position. Whether a person passes this two part test is typically determined by the employer and not medical personnel. It should be based on how the employee presents him or herself today and not with fear or concern how a disability could affect their job performance in the future.
Does location of the employment have bearing on whether protections apply?
Location of the employment has no bearing on whether protections apply. Therefore, if an employer controls a corporation whose place of incorporation is outside the US, the ADA still applies. The question is whether the corporation is owned by an American.
How do you determine what is and is not an essential function?
Much deference is given to the employer. Written job descriptions placed in advertisements carry great weight in any case in determining the need of a skill. However, proof must be given that stated requirements are enforced in the workplace to be valid.
What does Section 501 prohibit?
Section 501 prohibits this type of activity by our Federal Government at all.
What did 42 U.S.C.A Section 3601-3631 do?
Sought to address discrimination in the housing market by both public and private entities. Initially, the law only provided protections based on race, color, religion, sex, and national orientation. However, amendments to the law passed in 1988 included disability in the list of protected classes. The amendments are also know by the acronym FHAA.
What does Title II prohibit?
Specifically, it prohibits these entities from: (1) excluding a qualified person with a disability from participating in a sponsored program; (2) denying a qualified person with a disability from receiving services; (3) discriminating against a qualified person with a disability in any way.
What does the ADA define "reasonable accommodations" as?
The term "reasonable accommodation" has a very specific definition under the law. It means: "a modification or adjustment to the job application process, to work environment, or to the manner or circumstances under which the job is performed or a modification or adjustment that allows a disabled employee to enjoy the same benefits and privileges enjoyed by non-disabled employees so long as such modification or adjustment does not impose an undue hardship on the employer's business."
Accommodations/Modifications
The types of changes one must make to accommodate a disabled individual to guarantee access to a service must be reasonable. The law does not require that a modification fundamentally change the the location nor should the alteration be a substantial modification. Typically courts will look to see if the required change would cause an undue burden on the entity.
Is there a requirement that an employer need to provide personal items for an employee such as eyeglasses or a wheelchair?
There is no requirement that an employer provide personal items for an employee such as eyeglasses or a wheelchair. Nor does an employer need to create a new job for the disabled individual. The accommodation is in the sole discretion of the employer so long as it assists the employee appropriately. Refusal to accept an offered accommodation may be grounds for termination.
What is the Urban Mass Transportation Act (UMTA) of 1970?
This law stated that both the elderly and the disabled had the same right to use mass transit as any other American. Therefore the law required special planning to accommodate the disabled to ensure they could utilize transportation.
What is an integrated setting?
This means that an option for disabled individuals must be provided that is as close as possible to the one experienced by the non-disabled. For instance, mobility-impaired children must be free to attend programs made available to non-disabled children even if a special alternative is also available.
What standards did the Architectural and Transportation Barriers Compliance Board create that agencies who make EIT products must comply with?
This occurs if these products "are available in the commercial marketplace" or "are developed in response to a Government solicitation." Regulations have been created on the following topics: - Software Applications and Operating Systems. - Web-based Intranet and Internet Information and Applications. - Telecommunications Products. - Video and Multimedia Products. - Desktop and Portable Computers.
Virtual sites such as Amazon or Ebay
Title III and public accommodation to include virtual sites such as Amazon or Ebay. However, a formal set of guidelines for these examples have yet to be created.
Title III of ADA
Title III of the ADA prohibits discrimination of the disabled by private entities that operate places that provide public accommodations. The legislation not only bans discrimination in already existing facilities but requires new construction (or if alterations are occurring to pre-constructed locations) to be built in a way that will not impede its use by disabled individuals. The law also mandates that all testing for licensing or certification for professional and trade purposes be accessible to the disabled as well.
Why was The Architectural Barriers Act created?
To increase access to the world by removing physical barriers for the disabled.
Does The FHAA also regulate housing once an agreement has been reached?
Yes. For instance, a covered entity cannot refuse a disabled individual's request to make "reasonable" modifications to a property at her own expense to assist with use of that property. However, it is permitted for a landlord to require the property be returned to original state upon the tenant's lease term expiring. It is proper to use funds from a security deposit, if need be, to accomplish this task.
Title III and public accommodations as such must provide access to the disabled.
a hotel a restaurant a movie theater an auditorium a grocery store a clothing store (shopping center) a gas station a terminal for transportation a library an amusement park a school a gym
Commercial Facilities
also covered by Title III. The law defines this term as a facility: whose operation affects commerce; that are intended for a nonresidential use by a private entity; and are not expressly covered by the FHA, are not airplanes, are not railroad cars.
Religious Entities
are also exempt from Title III. This extends to those situations where the organization provides an activity that would usually make it a public accommodation. This is most seen in elementary or high schools that are run by religious entities. There there is no mandate on compliance with the ADA. The focus is always on who runs the activity not who benefits from it.
Private Clubs
are typically exempt from the requirements of the ADA. However, if the club offers its services to the general public, then they must comply with the mandates of the law.
second common accommodation one finds
mobility devices. While images of wheelchairs immediately come to mind when mentioning this topic, with the advent of technology, issues have arisen over the expansion of this definition. For instance, many have argued that Segways or electric carts should be considered mobility devices as well. The Federal Government has distinguished between devices "designed for use by individuals with mobility disabilities," and "other power mobility devices."
one of the most common accommodations found today
service animals
