ADA module

ADA three objectives

-Counter Myths and Stereotypes -Remove Segregation and Isolation -Provide Accommodations

Title 5 Misc includes

-prohibition against retaliation and coercion -construction -tech assistance plans -alternative dispute resolution

EEOC time frames

180 days to file in state without a local agency 300 to file in a state with a local agency

Air Carrier Access Act (ACAA)

1986 passed to ensure access to air travel by people with disabilities

ADA year

1990

Section 508 of the Rehabilitation Act

1998 required increased access to electronic and information technology for people with disabilities

ADAAA

ADA Amendments Act in 2008-restored Congressional intent about how disability was to be defined under the ADA

Title I does not require reasonable accommodation in this area

Co-worker attitudes.

Title 2 is enforced by

DOJ

Title 1 is enforced by

EEOC

Title 1

Employment

5 areas of nondiscrimination

Employment, State and local government, Public accommodations, Telecommunications, and Transportation.

T/F The ADA only addresses disability issues as they relate to state and local government programs and to employment.

F : The ADA addresses employment, state and local governments and programs as well as private establishments known as places of public accommodations and telecommunications.

T/F There have been no changes to the Americans with Disabilities Act since it was passed in 1990.

F The Americans with Disabilities Act Amendments Act of 2008 (ADAAA) makes important changes to the ADA

T/F All public entities with 25 or more employees are required under Title II to take several steps designed to bring them into compliance.

F Title II of the ADA requires that all public entities with 50 or more employees take several steps designed to bring them into compliance.

T/F The Equal Employment Opportunity Commission (EEOC), the Federal Communications Commission (FCC) and the Department of Justice (DOJ) are the only federal agencies that enforce the ADA

F many federal agencies enforce ADA

T/F Only those major life activities listed in the ADA regulations or the ADA Amendments Act (ADAAA) can be considered when determining if someone qualifies as a person with a disability under the ADA.

F the list is not exhaustive

T/F Title I of the ADA only applies to private employers with 50 or more employees.

F, 15 or more employers

T/F Every one of the facilities operated by state and local government entities must be accessible.

F, A public entity is required to operate each of its programs so that, when viewed in its entirety, the program is readily accessible to and usable by people with disabilities.

T/F The ADA and the ADAAA use a three-part definition of disability. An individual must meet all three of the three conditions to be considered a person with a disability.

F, An individual must meet only one of the three condition

T/F Title III only covers transportation provided to the public by private entities

F, In addition to transportation provided to the public by private entities, Title III covers public accommodations, commercial facilities, examinations and courses related to licensing or certification.

T/F A qualified person with a disability under the ADA is someone who requires reasonable accommodations, auxiliary aids or removal of barriers in order to meet the essential eligibility requirements of the job.

F, Under the ADA, a qualified person with a disability is someone who meets the essential eligibility requirements with or without reasonable modifications, auxiliary aids and services, or removal of barriers.

T/F Essential functions are the fundamental job duties that an individual must be able to perform without the help of a reasonable accommodation

F, on his/her own or with the help of a reasonable accommodation.

T/F A person who cannot read because she dropped out of school can be a person with a disability under the ADA because she cannot perform the major life activity of reading.

F, under the ADA, a physical or mental impairment does not include environmental, cultural or economic disadvantages

T/F An employee who is in recovery from an addiction is protected by the ADA if he or she comes to work drunk or under the influence of illegal drugs.

F, unsatisfactory behavior such as absenteeism, tardiness, poor job performance, or accidents caused by alcohol or illegal drug use need not be accepted nor accommodated.

T/F The nationally funded ADA Centers in the ADA National Network provide information, technical assistance, and training, and also enforce compliance with the ADA

F-The ADA Centers do not monitor or enforce the law.

Title 4 Telecommunications is enforced by

FCC

T/F Title II applies to federal government agencies.

False

ADA 3 part definition of disability

Has a physical or mental impairment that substantially limits one or more major life activities; Has a record of such an impairment; Is regarded as having such an impairment.

For effective communication under the ADA, someone who is blind

May not be charged for the cost of printing materials in Braille.

Title 5

Misc

Title 3

Public Accommodations

Title 2

State and Local government

T/F The 1964 Civil Rights Act did not include individuals with disabilities as a protected class.

T

T/F The ADA is a civil rights law

T

T/F The ADA prohibits discrimination on the basis of disability in employment, state and local governments, public accommodations, telecommunications, and transportation

T

T/F The ADAAA said that an impairment must substantially limit one or more major life activities when compared to most people in the general population and does not necessarily have to be permanent in order to rise to the level of a disability.

T

T/F Title V contains miscellaneous provisions that are intended to apply broadly across all the other Titles of the ADA.

T

T/F ach part of the ADA must be applied on an individualized, fact-specific, case-by-case basis.

T

T/F State and local government programs and services are covered under Title II.

T Title II covers the programs and services operated by state and local governments

T/F Telecommunication relay services are covered by Title IV of the ADA.

T Title IV requires that telephone companies provide telecommunication relay services

T/F Under Title I of the ADA, an administrative complaint must be filed with the Equal Employment Opportunity Commission (EEOC) before starting a civil action.

T, Before starting a civil action under Title I of the ADA, an administrative complaint must be filed with the Equal Employment Opportunity Commission (EEOC).

T/F Individuals with disabilities can file private civil lawsuits to enforce the provisions of Title II and Title III of the ADA without filing an initial administrative complaint with the Department of Justice.

T, Private civil lawsuits to enforce the provisions of Title II and Title III can be filed by individuals with disabilities without filing an administrative complaint with the Department of Justice.

Title 4

Telecommunications

DOJ regulated

Title 2 and 3

One of the defenses for denying the request of an employee for an accommodation under Title I is:

Undue hardship (significant difficulty and expense) on the operation of the business.

Fair Housing Act

amended in 1988 to prohibit housing discrimination on the basis of disability. As passed in 1968, it prohibited discrimination based on race, color, religion, sex, familial status, and national origin.

Essential job functions are

basic or indispensable to the job and must be performed by the individual hired for that position.

What area is NOT covered by one of the five titles of the ADA?

federal government

The Civil Rights Act

forerunner to the ADA, was passed in 1964. It outlaws discrimination based on race in federally funded programs and in public accommodations and employment

Individuals with Disabilities Education Act (IDEA)

parents and schools work together to design individualized education plans (IEPs) for students with disabilities.

Architectural Barriers Act of 1968

requires buildings constructed by the federal government or with federal funding be accessible to people with disabilities. The law resulted in the first set of standards for the removal of architectural barriers

public accommodations include

restaurants, hotels, theaters, convention centers, retail stores, shopping centers, dry cleaners, laundromats, pharmacies, doctors' offices, hospitals, museums, libraries, parks, zoos, amusement parks, private schools, day care centers, health spas, and bowling alleys.

Rehabilitation Act of 1973

the first federal law to prohibit discrimination against people with disabilities. It requires that federally funded programs be accessible to people with disabilities and that federal employers provide reasonable accommodations for their employees with disabilities.