Americans with Disabilities Act
Title IV: Telecommunications
-All telephone companies must establish (at no additional cost) relay systems for use by hearing-impaired and speech-impaired persons 24/7. -Public service announcements on TV produced or funded by the federal government must include closed captioning.
What makes modifications readily achievable?
1. Nature/cost of alteration 2. Financial resources of the site 3. Effect on expenses and resources 4. Legitimate safety requirements
Public Accommodations must:
1. provide goods and services in an integrated setting necessary to ensure equal opportunity 2. Eliminate unnecessary eligibility standards or rules that deny individuals equal opportunity 3. Make reasonable modifications in policy, practice, and procedure that deny equal access. 4. Furnish auxiliary aids when necessary to ensure effective communication. 5. Remove architecture/structural communication barriers where readily achievable. 6. Provide readily achievable alternative measures when removal of barriers is not readily achievable. 7. Provide equivalent transportation services and purchase accessible vehicles. 8. Maintain accessible features
Commercial structures must be ____________ for new construction or alterations.
ADA approved
Who does have to abide by the title III rules of ADA?
Commercial facilities that are non-residential and whose operations affect commerce (including office buildings, factories, and warehouses)
Accommodation Requirements
Comply with specific requirements related to architectural standards for new and altered buildings. Make reasonable modifications to policies, practices, and procedures that deny equal access. Furnish auxiliary aids to ensure effective communication with people with hearing, vision, or speech disabilities. Comply with other access requirements.
Americans with Disabilities Act (ADA)
Comprehensive legislation is designed to protect individuals with disabilities against discrimination. Signed January 26, 1990
Complaints with Title III are filed with
Department of Justice DOJ
What are not required in builds of 2 floors or less, 3,000 sq ft or less?
Elevators
Who does not have to abide by the title III rules of ADA?
Entities controlled by religious groups Private clubs- except to the extent that the facilities of the private club are made available to consumers or patrons of a place of public accommodation. State and local governments are not covered by the Title III regulation, but rather by the department of justice's Title II regulations.
Title V of ADA
Miscellaneous Provisions, generally describes the ADA's relationship to other laws; insurance issues prohibits state immunity provides congressional inclusion explains implementation of each title. It also provides that state and local laws can afford persons with disabilities greater protection
Title III - Public accommodations
Must comply with basic nondiscrimination requirements that prohibit exclusion, segregation, and unequal treatment. Must comply with specific requirements related to architectural standards for new and altered buildings; reasonable modifications to policies, practices, and procedures; Effective communication with people with hearing, vision, or speech disabilities; and Public accommodations must remove barriers in existing buildings where it is easy to do so without much difficulty or expense, given the public accommodation's resources. Courses and examinations related to professional, educational, or trade-related applications, licensing, certifications, or credentialing must be accessible.
Title II ADA- State and local governments
Must provide equal opportunity to benefit from programs, services, and activities (e.g. public education, employment, transportation, recreation, health care, social services, courts, voting, and town meetings). Must follow specific architectural standards in the new construction and alteration of buildings. Relocate programs or otherwise provide access in inaccessible older buildings, and communicate effectively with people who have hearing, vision, or speech disabilities. Public entities are not required to take actions that would result in undue financial and administrative burdens. They are required to make reasonable modifications to policies, practices, and procedures where necessary to avoid discrimination, unless they can demonstrate that doing so would fundamentally alter the nature of the service, program, or activity being provided.
12 places of public accommodation (Title III)
Places of lodging Food and drink establishments Place os exhibition or entertainment Places of public gathering Sales or rental establishments Service establishments Public transportation terminals, depots or stations Places of public display or collection Places of recreation Places of education Social service center establishments Place of lodging
Title I ADA - Employment
Prohibits discrimination on the basis of disability in employment. It requires employers with 15 or more employees to provide qualified individuals with disabilities an equal opportunity to benefit from the full range of employment-related opportunities available to others. Prohibits discrimination in recruitment, hiring, promotions, training, pay, social activities. Restricts questions that can be asked about an applicant's disability before a job offer is made, Requires that employers make reasonable accommodation to the known physical or mental limitations
Title I suggests what regarding accommodations?
Requires employer to make reasonable accommodations unless accommodation results in undue hardship for the employer.
What are the minimum standards set by FCC for TRS
TV service announcements (produced or funded in part or whole by federal funds) must be close captioned.
What is a TTY?
Teletypewriter also called text telephones.
Types of TRS
Text-to-voice TRS Voice Carry Over VCO Hearing Carry OVer Speech-to-speech relay Video relay services spanish relay services 7-1-1 access to TRS
EEOC (Equal Employment Opportunity Commission)
The Government agency that oversees discrimination in the workplace
How is the EEOC listed in the phone directory?
U.S. Government
Can a place of public accommodation be covered by both ADA and FHA?
Yes. They are entirely separate. A facility can be a residential dwelling under FHA and still fall in whole or part under at least one of the 12 categories of places of public accommodation.
To be protected, an individual must have
a disability or be associated with someone that has a disability
Public Accommodations (ADA)
a private entity that owns, operates, leases to a place of public accommodation.
Each of the Act's 5 sections or titles addresses
different aspects of compliance
ADA prohibits discrimination on the basis of
disability in employment, state and local government, public accommodations, commercial facilities, transportation, and telecommunication. As well as U.S. Congress.
Broker Responsibilities
disclose any known ADA infringements to buyers, sellers, lessees. if suit is brought under the ADA alleging discrimination against a disabled individual, the broker or their agent could be held responsible.
Communication Assistant
operators that facilitate phone calls for people who have difficulty hearing or speaking, with other individuals
Telecommunication Relay Services
organizations that provide telephone services to persons who do not hear or speak well enough to use a standard telephone
Disability defined by ADA
person with a physical or mental impairment that substantially limits one or more major life activity. a person with a history or record of such impairment. a person who is perceived by others to having such an impairment.
Title I Example
prohibits discrimination in recruitment, hiring, promotions, training, pay, social activities, and other privileges of employment.
According to Title IV under the ADA, all telephone companies must
provide free relay service (TRS) either directly or through state programs.
Public transportation and complying with accessibility standards
provide para transit where they operate fixed-route, bus, or rail systems make good-faith efforts to purchase/lease accessible used buses remanufacture buses in an acceptable manner
Title V access to primary function areas
says a building should provide alternatives to steps, narrow doorways, undersized bathrooms, and more. AKA existing areas must be altered to provide access to primary function areas.
para-transit
service through which persons who are unable to use regular transit independently, due to physical or mental impairment, are picked up and dropped off.
Public Accommodation Discrimination
states that one may not discriminate against an individual because they associate with another individual who has a disability.
Title II requires
that state and local government give people with disabilities an equal opportunity to benefit from all of their programs, services, and activities.
Title II complaints must be filed with
the Department of Justice, DOJ, after 180 of the incident of discrimination only after going to court. An investigation may be needed if unable to come to a resolution.
Title I regulations are enforced by
the EEOC
Title I lawsuit can be filed in federal court only after
they receive a right-to-sue letter from the EEOC
Title I complaints are filed
with the Equal Employment Opportunity Commission EEOC within 180 days of discrimination or 300 days if charge is filed with a designated state or local fair employment practice agency.
