Movement

What federal code is Section 504 of Rehabilitation Act of 1973 a part of?

34 CFR 104

Who is in charge of the ADA?

ADAAA expressly delegates authority to the EEOC, the Attorney General, and the Secretary of Transportation to create regulations consistent with these amendments and most importantly, to implement ADA

Which four cases narrowed the definition of disability?

All dealt with employment issues - Sutton v. United Airlines, Inc - Murphy v. United Parcel Service, Inc - Albertson's Inc v. Kirkingburg - Toyota Motor Mfg., Kentucky, Inc v. Williams

ADA Amendments Act (ADAAA)

Amendments to Americans with Disabilities Act covering the definition of individuals regarded as having a disability, mitigating measures, and other rules of construction to guide the analysis of what constitutes a disability.

Architectural Barriers Act of 1968

requires that facilities designed, built, altered, or leased with funds supplied by the United States Federal Government be accessible to the public. The ABA marks one of the first efforts to ensure that certain federally funded buildings and facilities are designed and constructed to be accessible to people with disabilities.

Federal assistance

- Any federal program, project, service, or activity that assists the country in education, health, safety, and welfare Examples: state, county, towns; grants; school; equipment; money

Office for Civil Rights (OCR)

- almost all Federal departments have an OCR, which oversees implementation of several civil rights laws, including section 504 (and sometimes the ADA) - investigates complaints about education under section 504 and Title II

NJ Law Against Discrimination

- applies to discrimination based on race, creed, color, national origin, nationality, ancestry, age, sex (including pregnancy), familial status, marital status, domestic partnership or civil union status, affectional or sexual orientation, gender identity or expression, atypical heredity cellular or blood trait, genetic information, liability for military service, and mental or physical disability, perceived disability, and AIDS and HIV status - service animals are also protected those that are exempt are: - private or religious institutions or clubs

Federal laws and treaties

- apply to everyone in the US - preempts state laws - provides a floor, not a ceiling, for state regulation

entities of Title 2 of ADA

- do not need to remove physical barriers, such as stairs, in all existing buildings, as long as they make their programs accessible to individuals who are unable to use an inaccessible existing facility - must provide appropriate auxiliary aids to ensure that communications with individuals with hearing, vision, or speech impairments are as effective as communications with others, unless an undue burden or fundamental alteration would result - may impose safety requirements that are necessary for the safe operation of Title 2 program if they are based on actual risks and not on mere speculation, stereotypes, or generalizations about individuals with disabilities

US Department of Justice (DOJ)

- issues government-wide guidelines for section 504 - issues ADA regulations for Title II and III - enforces title II and III and section 504

Civil Rights Act of 1964

- outlaws discrimination based on race in federally funded programs and in public accommodations and employment - served as a framework for future legislation despite not directly applying to persons with disabilities

Accessible information technology system

- part of Section 508 of Rehabilitation Act of 1973 - can be operated in a variety of ways - does not rely on a single sense or ability of the user

Section 504 of Rehabilitation Act of 1973

- prohibits discrimination based on disability in any program or activity that receives financial assistance from any federal agency - reasonable accommodation for employees with disabilities; program accessibility; effective communication with people who have hearing or vision disabilities; accessible new construction and alterations

Section 503 of Rehabilitation Act of 1973

- prohibits employment discrimination based on disability - utilization goal for people with disabilities as 7% of employees in each job category

Section 501 of Rehabilitation Act of 1973

- prohibits federal employers from discriminating against qualified individuals with disabilities - obliges them to take affirmative action to hire and advance in employment qualified individuals with disabilities

Who is exempt from ADA?

- religious organizations - private clubs (unless they have a section operating for public purposes)

Section 508 of Rehabilitation Act of 1973

- requires federal electronic and information technology to be accessible to people with disabilities, including employees and members of the public

what are not considered work or tasks for purposes of defining a service animal?

- the crime deterrent effects of an animal's presence - provision of emotional support, well-being, comfort, or companionship

Considerations when determining whether a job function is essential

- the employer's judgment - job descriptions that were written before a job was posted - amount of time spent performing the function - the consequences of not requiring the person to perform function - the terms of a collective bargaining agreement - work experience of others who have had, or currently hold, the same or similar positions

Pool Rule

1) Newly constructed or altered pools must be made accessible under the ADAAA 2) There are two categories of pools under this rule: - ones with 300+ linear feet of pool wall (large) - <300 linear feet of pool (small)

What two questions can a business owner or attendant as someone who has a service animal?

1) is this animal required because of a disability? 2) What work or task has this animal been trained to perform?

Undue hardship factors

1) nature and cost of the accommodation 2) overall financial resources of the employer 3) structure of the business 4) cost alone rarely found to be an undue hardship, except possibly for very small employers 5) if an accommodation has a significantly negative effect on the business

State and local laws

Apply to those who live or work in a state, commonwealth, territory, county, city, municipality, town, township or village

What is covered under Title I?

Applying for a job Compensation Hiring Firing Promotions Training Recruitment Advertising Layoffs Employee Benefits

Identity First Language

Disability is not a negative characteristic; part of identity

Ableism

Discrimination or prejudice against individuals with disabilities

Americans with Disabilities Act (ADA)

Legislation passed in 1990 (amended by Congress in 2008) that prohibits discrimination against people with disabilities. Under this Act, discrimination against a disabled person is illegal in employment, sate and local government programs, public accommodations, commercial facilities, transportation, and telecommunications

What happens if school districts do not voluntary comply with Section 504 of Rehabilitation Act of 1973?

May either: - initiate administrative proceedings to terminate Department of Education financial assistance to the recipient OR - refer the case to the Department of Justice for judicial proceedings

Title 5 of ADA

Miscellaneous Provisions

Who enforces Section 504 of Rehabilitation Act of 1973?

Office for Civil Rights (OCR)

Fair Housing Act of 1968

Prohibited discrimination concerning the sale, rental, and financing of housing based on race

Air Carrier Access Act of 1986

Prohibits the discrimination against individuals with disabilities in the provision of air transportation

Title 3 of ADA

Public Accommodations and Services Operated by Private Entities - prohibits places of public accommodation from discriminating against individuals with disabilities - sets the minimum standards for accessibility for alterations and new constructions of commercial facilities and privately owned public accommodations - requires public accommodations to remove barriers in existing buildings where it is easy to do so without much difficulty or expense

People First Language

See the person first - not disability

Which laws cover employment?

Title I and II of the ADA; section 504 of the Rehabilitation Act of 1973

Which laws cover service animals?

Title II and III of ADA

Individuals with Disabilities Education Act (IDEA)

U.S. legislation granting educational rights to people with cognitive, emotional, or physical disabilities from birth until age 21; initially passed in 1975, it has been amended and reauthorized in 1997 and again in 2004. IDEA operates under six basic principles: zero reject, nondiscriminatory identification and evaluation, free and appropriate public education, least restrictive environment, due process, and parent and student participation in shared decision making with regard to educational planning.

Doctrine of Preemption

a principle that states that when certain state or local laws are inconsistent with the federal law, the federal law must be followed

reasonable accommodation

an employer's obligation to do something to enable an otherwise qualified person to perform a job

service animal

any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability

Access Board

does research, enforces the Architectural Barriers Act, and develops accessibility guidelines for other agencies' ADA and ABA standards

Title 1 of ADA

employment - requires employers to make reasonable accommodations to the known physical or mental limitations of a qualified applicant or employee, unless such accommodation would impose an undue hardship on the employer - must be able to perform the essential functions of the job, with or without reasonable accommodation

When is it unnecessary for questions about service animals to be asked?

if the need for the service dog is obvious example: dog is guiding an individual who is blind

U.S. Department of Transportation (DOT)

issues regulations for transportation aspects for the ADA and section 504

Covered Entities of Title 3 of ADA

malls hospitals hotels recreation areas airports train and bus stations service animals

What is another type of service animal besides a dog?

miniature horse

What must small pools have under the ADAAA?

one accessible means of entry, provided that it is either a pool lift or a sloped entry

Rehabilitation Act of 1973

prohibits discrimination on the basis of disability in programs conducted by Federal agencies, in programs receiving Federal financial assistance, in Federal employment, and in the employment practices of Federal contractors.

Title 2 of ADA

public services: state and local government - requires that the services and programs of local and State governments shall operate their programs so that when viewed in their entirety are readily accessible to and usable by individuals with disabilities

Title 4 of ADA

telecommunications - requires that telephone companies provide telecommunications relay services that allow individuals with hearing impairments to communicate using a TTY or other non-voice device. Relay service may be accessed by dialing 711 - requires that all television public service announcement produced by or funded in whole or in part by the federal government include closed captioning

What can't a public entity or private business ask about your service animal?

the nature or extent of an individual's disability or require documentation, such as proof that the animal has been certified, trained, or licenses as a service animal, or require the animal to wear an identifying vest

What must large pools have under the ADAAA?

two accessible means of entry, with at least one being a pool lift or sloped entry