Americans with Disabilities Act (Test 2)
History of Legislation: The Americans with Disabilities Act (ADA), also known as Public Law ___-___ was enacted by Congress and was signed by President _____ in 1990, is the _____ legislation to affect ______ children and adults in this country. It has been called a civil rights act for the disabled, because it extends to people with disabilities the same civil rights protection guaranteed under the law to people on the basis of race, creed, sex, national origin and religion.
-101-336 -Bush -most recent -disabled
Extent of ADA: Prohibits discrimination by: -All employers with ______ employees -Public employers with ______ employees -All ____ and ____ government services -All places of ________________ -Applies regardless of whether or not they receive ___________
-15 or more -1 or more -state and local -public accommodation -federal funding
-Under the prior law, section ____ of the Rehabilitation Act of 1973 (in this piece of legislation used the term ________- now it is worded the individual ____________), which prohibited discrimination against persons with disabilities by ______ that receive ___________.
-504 -handicapped -with a disability) -entities that receive federal funds
(whether they have a disability or not) For example, a person who is thought to have ____ based on a rumor would find protection under the ___ definition or someone who has significant _____ that some may consider as having a disability but does not. Someone with a history of ______ that is now in remission would find protection under the ____ definition.
-AIDS -3rd -scarring -cancer -2nd
-_________ to existing buildings must also be accessible. Existing facilities are required to ______ architectural or structural barriers to the extent that such alterations are "__________." (Example: a field work site, a hand clinic, would be required to install a ______ to allow access for an affiliating ______ in a wheelchair. If installing a ramp were not readily achievable, the clinic would be required to seek __________ such as moving the student's pts and equipment to an accessible location (if this does not impose an undue burden).
-Alterations -remove -readily achievable -ramp -student -alternatives
Examples of impairments: -________ and ________ diseases -______ and ______ impairments -Cerebral palsy, Muscular Dystrophy, epilepsy, cancer, MR, emotional illness, learning disability
-Contagious and non-contagious -Speech and hearing
"The __________ published revised final regulations implementing the ADA for title___ (State and local government services) and title ___ (public accommodations and commercial facilities) on September __, ____, in the __________.
-Department of Justice - II -III -15, 2010 -Federal Register
TITLE I of the ADA: -Is the _________ provisions -The ADA prohibits discrimination in all ___________ - This includes ________ for employment and _________.
-Employment -employment practices -applicants -employees
ENFORCEMENT: -Title I complaints should be filed with the Equal ______________ (EEOC) -Title II and Title III complaints should be filed with the ______________
-Employment Opportunity Commission -Department of Justice
Integrated Programs: -One fundamental purpose is to ________; therefore public entity cannot provide different program unless ____________ -Persons with disability cannot be ______ from participating in the regular ______/______ if they so choose to
-INTEGRATE -absolutely necessary -barred -service/program
New Construction and Alterations: -Facilities remodeled after ___________ must be readily ________ -New facilities January _____ must be accessible -The ADA provides ____________ to achieve this accessibility - The ADA _________ ________. -_________, _____- compliance date for using the _____ Standards
-January 1992 -accessible -1993 -technical information - Accessibility Guidelines -March 15, 2012 -2010
History of Legislation: -Also known as __________ -Enacted in _______ -Called "______________" -Previous law - Section ____ of _____________ of _____ -- only applied to entities receiving __________ "_______ Standards for Accessible Design
-PL 101-336 -1990 -Civil Rights for the Disabled -504 -Rehabilitation Act of 1973 -federal funds -2010
These requirements, or rules, _____ and _____ issues that have arisen over the past ___ years and contain new, and updated, requirements, including the ___________________ ("2010 Standards")." www.ada.gov/revised_effective_dates-2010.htm
-clarify and refine - 20 -2010 Standards for Accessible Design
Title I - Employment Provisions: -Prohibits employers with 15 or more employees from discriminating against ________ and ________ with disabilities -Discrimination prohibited against "___________ with ________" -Covers ________ process, testing, hiring, job assignment, _______, discharge, wages, job training, disciplinary actions, leave, _______ and other aspects of employment
-employees and applicants -qualified individuals with disabilities -application -promotion -benefits
Sections of ADA: -Called "Titles" "I-V" -Title I - concerns __________ -Title II - covers ___________ -Title III - covers _____________ -Title IV - relates to ______________ -Title V - wide range of other topics concerning the ______________ of _________
-employment -public services -public accommodations -telecommunications -implementation of the law
Title V Miscellaneous : -Part of the law that deals with ________ of the provisions -Addresses _______ related issues, such as: Prohibiting denial of _________ coverage to individuals based on their disabilities -Does not ____ other ______ or ______ laws that provide equal or greater ________ to persons with disabilities
-enforcement -insurance -health insurance -limit -federal or state -protection
Who is a "qualified individual with a disability"? Requiring the ability to perform "_______________" assures that an individual with a disability will not be considered ________ simply because of inability to perform ______ or ______ job functions except for limitations caused by _________, the employer must consider whether the individual could perform these functions with a __________________.
-essential functions -unqualified -marginal or incidental -a disability -reasonable accommodation
TITLE III: -Main purpose is to allow access to ____, ____, ____, ____ and _____ offered at a place of public accommodation -Readily achievable - changes that are ____________ and able to be carried out without much ______ or _______.
-goods, programs, services, facilities, and advantages -easily accomplishable -difficulty or expense
COMMUNICATIONS; -ADA states that auxiliary aids and services must be furnished when necessary to ensure effective communication with individuals with ______, ______, or ______ impairments. They do not have to be provided if is poses an undue burden (i.e., a significant difficulty or expense) on the provider of services or if there would be an _______ in services.
-hearing, vision, or speech -alteration
-We can perform a ____________ to accomplish this. -We can also assess the ___________ of the disabled person and the recommend adaptive equipment, ways to adapt tasks, needed __________ or ________ aids and work site modifications.
-job site analysis -occupational performance -communication or auxiliary
What's OTs' role in facilitating compliance with Title II? -The OT can consult with program staff from _______________ to assist in integrating individuals with disabilities into the various services provided by government agencies. (Rec. center example above) -We can assist local governments in acquiring _________ or making ________ to ________ or services to make them ________.
-local governments -auxiliary aids -adaptations to programs -accessible
INTEGRATED PROGRAMS: -One of the fundamental purposes of the ADA is to integrate individuals with disabilities into the _______ of _____. Therefore, a public entity cannot provide a _______ or ______ program or service to individuals with disabilities unless they are absolutely necessary to ensure that services are ___________ for the disabled.
-mainstream of society -different or separate -equally effective
Also, the disabled person cannot be barred from participating in the regular service or program if they choose to. (Example - it would not be a violation for a daycare to offer recreational programs specially designed for children with ___________, but it would be a violation if they _______ to ______ children with mobility problems to participate in its other rec. programs.)
-mobility impairments -refused to allow
A lot of times Title III is viewed as just concerned with ______ or _________ guidelines only. In reality it is concerned with more than the ____________ to a building, it requires public accommodation to give individuals with disabilities: -Equal opportunity to ________ -Equal opportunity to ______ -Equal opportunity to receive ______ in the most ________ setting appropriate
-physical or architectural -physical access -participate -benefit -benefits -integrated
Definition of Disability: One who: -Has a ______ or ______ impairment that substantially limits ____ or ______ of the individual's "____________" or -Has a ______ of such an impairment or __________ as having such an impairment (whether they have a _______ or _____)
-physical or mental -one or more -major life activities -record -Is regarded -disability or not
Title III Requirements (cont'd.): -Policy Modifications - requires that reasonable modifications be made in ______, ______, and ______ that deny _________ to individuals with disabilities, unless a __________ alteration in the program would result. -An example is a ________ building would have to make an exception to a rule prohibiting _______ in public areas in order to admit ______ and other ________.
-policies, practices, and procedures -equal access -fundamental -city office -animals -guide dogs and other service animals
OTA role in Title II: -Consult with __________ from agencies to _______ people with disabilities -Make suggestions of ____________ used to accommodate disabilities -Example would be developing a program to allow children ___________ to participate in recreation center activities
-program staff -integrate -auxiliary equipment -equal opportunity
Under the ADA Title I, businesses must provide reasonable accommodations to ______ the ______ of individuals with disabilities in _________ of employment. Possible changes may include _________ jobs, altering the ______ of workstations, or ________ equipment.
-protect the rights -all aspects -restructuring -layout -modifying
Title III - Public Accommodations: -Prohibits _____ places not _______________ from discriminating against individuals with disabilities Purpose is to allow access to goods, programs, services, facilities and advantages offered in public places -Regulations require they make changes that are "___________" in order to provide ______
-public -government owned -readily achievable -access
Qualified individual with a disability": "A person who meets legitimate ____, _______, ______, or __________ of an employment position that he/she ______ or ______, and who can perform the __________ of the position with or without reasonable _______________"
-skill, experience, education, or other requirements -holds or seeks -essential functions -accommodations
Title II - Public Entities: -Includes any ______ and _____ government and any of its ________, _______, etc. -Prohibits these entities from discriminating against individuals with disabilities in the ________ of _______ -Includes _______, _______, and ______ of _______ entities
-state or local -departments, agencies, -provision of services -programs, activities, and services -public
Title IV - Telecommunications: -Requires ______________ to establish relay systems for ______ and ______ impaired persons ___ hours per day at no _____________ -Requires __________________ on TV funding by federal government to include _______________
-telephone companies -hearing and speech -24 -additional cost -Public Service Announcements -closed captioning
Reasonable Accommodations: -Must not pose "___________" on the employer -Not required to provide if poses "______________ or ________" -For example if very ______, ______, or ______ that fundamentally _____ the ________ operation of the business (ie., dance club would not be required to increase lighting for visually impaired person because it alters the nature of the business)
-undue hardship -substantial difficulty or expense -expensive, extensive, or disruptive -alters the nature of
OTs have always played a significant role in returning people with disabilities to _____ and under this employment provision we will continue to maintain a __________ by assisting employers in developing ________________ to allow the disable person to ______ the __________.
-work -significant role -reasonable accommodations -enter the work force
Title III Requirements (cont'd.): -Communications - ________ and _______ must be furnished when necessary unless "__________" -extra ______ may not be imposed on individuals with disabilities to cover _____ of _____________ to ensure nondiscriminatory treatment -sets forth several rules that places of public accommodations must follow to govern their _______.
-auxiliary aids and services -undue burden -charges -costs of necessary measures --conduct
OTA role in Title I: -Helping employers to _______________ -Contribute to ________ of _______________ of person -____________ adaptive equipment
-develop accommodations -assessment of occupational performance -Recommend
Examples of major life activities: -___-_____ -Walking, seeing, _______, speaking, hearing, _______, working
-Self-care -breathing -learning
"Reasonable Accommodations": -Effective for _________ of the ______ -Can take __________ -__________ the job -Alternate work __________ -Providing __________ interpreter -Providing ___________ or __________ -________ of _______ -Many other ___________
-accomplishment of the task -many forms -Restructuring -scheduling -sign language -assistive aids or equipment -Widening of doors -modifications
-All ______, _______, and _______ of public entities are covered, including activities of state________, and ______, _____ meetings, police and fire departments, motor vehicle licensing, and employment. -Note that _________ is included. Title I applies to employers with 15 or more employees. Title II covers employment by _____ entities regardless of the _______ of ________.
-activities, services, and programs -legislators and courts -town -employment -public -number of employees
Examples of services under Title II: -_________ centers -___________ -______ and _____ departments -__________ department -_________ - regardless of ______ of ________ Example: Recreation centers - Would have to allow a person with disability to _______ in _______ that were offered there.
-Recreation -Courthouses -Police and fire -Motor vehicle -Employment -number of employees --participate in programs
OTA role in Title III: -Work with _______, _______, and _______ to determine accessibility of public places (see Building Assessment lecture info) -Based on our knowledge of functions of people with disabilities, make _________ for _________
-architects, engineers, others -recommendations for accommodations
NEW CONSTRUCTION AND ALTERATIONS: Public entities must ensure that newly constructed buildings and facilities are free of ________ and _________ barriers that restrict _____ or _____ by individuals with disabilities.
-architectural and communications -access or use
This act: -protects disabled US citizens from _________(about ___ million) -provides _________ protection to individuals with disabilities in the areas of _______, ______ accommodations, _________, _____ and _____ government services and ____________.
-discrimination, 43 -comprehensive -employment, public , -transportation, state and local -telecommunications
ENFORCEMENT: In summary, OT practitioners play a key role in _______ the ______ as well as individuals with disabilities about their _____ and __________ under ADA. OTs possess unique knowledge of job site analysis, environmental adaptation, and assistive equipment which enables us to help the public ______ with the ADA.
-educating the public -rights and responsibilities -comply
Title III Requirements : -All ______ buildings must remove ________________ when removal is "___________" - "easily accomplishable and able to be carried out without too much difficulty or expense" -Includes parking, entrance, ______, ______, restrooms, display racks, etc.
-existing -architectural barriers -readily achievable -signage -alarms
Buildings covered under Title III: ____ buildings used by the ______ Restaurants, hotels, theaters, retail stores, museums, private schools, day care centers, etc.
-All -public
