A 6 Moran

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Disability Rights: A Guide to Laws and Resources Presented by: Casie Moran, CIRS Clearinghouse on Disability Information 4050 Esplanade Way, Suite 315 Tallahassee, FL 32399 www.abilityforum.com 1-877-ADA-4YOU

What we will cover: 

What we will cover A General Understanding of the ADA & Four Titles A General Understanding of the Fair Housing Act & the Four Requirements A Review of Best Resources Your Questions and Answers

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The Americans with Disabilities Act of 1990 A civil rights law protecting over 52 million Americans

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The Five Titles of the ADA Title I: Employment Title II: Government services & Transportation Title III: Public accommodations Title IV: Telecommunications Title V: Miscellaneous

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ADA Exclusions Housing and provision of air transportation covered by other federal laws Businesses owned and operated by religious organizations Genuinely private clubs Federal government and Congress

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Who is protected by the ADA? A person who ... Has a physical or mental impairment that substantially limits one or more major life activity. Has a history of such an impairment Is perceived as having such an impairment Is associated with an individual with an impairment

Introduction to Title IEmployment: 

Introduction to Title I Employment The Americans with Disabilities Act (ADA) makes it unlawful to discriminate in employment against a qualified individual with a disability. Applies to all employers with 15 or more employees Enforced by the Equal Employment Opportunity Commission (EEOC)

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Qualified individual with a disability means an individual with a disability who satisfies the requisite skill, experience, education and other job-related requirements of the employment position such individual holds or desires, and who, with or without a reasonable accommodation, can perform the essential functions of such position. Who is a qualified individual with a disability? What is an essential job function? The term essential functions means the fundamental job duties of the employment position the individual with a disability holds or desires. The term “essential functions” does not include the marginal functions of the position.

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What is a “reasonable accommodation”? Modifications or adjustments to a job application process Modifications or adjustments to the work environment Modifications or adjustments that enable a employee with a disability to enjoy equal benefits and privileges of employment

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Reasonable Accommodation Requirement: An employer is required to provide a reasonable accommodation to a qualified applicant or employee with a disabilities unless the employer can show that the accommodation would be an undue hardship.

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What is an undue burden and what factors can be considered in determining undue hardship? Undue hardship means, significant difficulty or expense incurred by a covered entity, when considered in light of several factors. General Prohibitions An employer must not limit, segregate, or classify a job applicant or employee in a way that adversely affects his or her employment opportunities or status on the basis of disability. A Note about Reasonable Accommodations A qualified individual with a disability is not required to accept an accommodation.

EEOC: 

EEOC Equal Employment Opportunity Commission 1-800-669-4000 TTY number is 1-800-669-6820 www.eeoc.gov

Title I - Best Resource: 

Title I - Best Resource Job Accommodation Network 1-800-526-7234 (voice/TTY) www.jan.wvu.edu JAN, a free consulting service designed to increase the employability of people with disabilities.

J.A.N. Services: 

J.A.N. Services Providing individualized worksite accommodations solutions. Providing technical assistance regarding the ADA and other disability related legislation. Educating callers about self-employment options . Searchable Online Accommodation Resource (SOAR) by disability.

Introduction to Title II Governmental Entities & Transportation: 

Introduction to Title II Governmental Entities & Transportation Title II covers all activities of State and local governments regardless of the government entity’s size or receipt of Federal Funding. Enforced by the U.S. Department of Justice Federal Transit Administration/ USDOT

General Rule: 

General Rule A public entity shall operate each service, program or activity so that the service, program, or activity, when viewed in its entirety, is readily accessible to and usable by individuals with disabilities.

Prohibitions under Title II: 

Prohibitions under Title II A public entity may not directly or through contractual, licensing or other arrangement: Deny Opportunities Unequal Opportunity Ineffective Opportunity Aid Organizations that Discriminate

Policies and Practices under Title II: 

Policies and Practices under Title II A public entity shall make reasonable modifications in policies, practices and procedures when the modifications are necessary in order to avoid discrimination Exception: If the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program or activity.

Eligibility Criteria under Title II: 

Eligibility Criteria under Title II A public entity shall not impose or apply eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully and equally enjoying any service, program or activity. Exception: If such criteria can be shown to be necessary for the provision of the service, program, or activity being offered.

Integrated Settings: 

Integrated Settings A public entity shall administer services, programs, and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities.

Surcharges: 

Surcharges A public entity may not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the costs of measures, such as the provision of auxiliary aids or program accessibility, which are required to provide that individual or group with the nondiscriminatory treatment required by the ADA.

Maintenance of Accessible Features: 

Maintenance of Accessible Features A public accommodation shall maintain in operable condition those features of facilities and equipment that are required to be readily accessible to and usable by persons with disabilities by the ADA.

Communications Access: 

Communications Access Where a public entity communicates by telephone with applicants and beneficiaries, TTY’s or equally effective telecommunications systems shall be used to communicate with individuals with impaired hearing or speech. Telephone emergency services, including 911 services, shall provide direct access to individuals who use TTY’s and computer modems.

Program Accessibility: 

Program Accessibility No qualified individual with a disability shall be excluded from participation in, or be denied the benefits of, the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity because a public entity’s facilities are inaccessible to or unusable by individuals with disabilities.

Title II – Best Resource: 

Title II – Best Resource 1-800-514-0307 (#7) 1-800-514-0383 (TTY) www.ADA.gov The U.S. Department of Justice’s Americans with Disabilities Act Home Page. Specifically covering Title II (State and Local Government Activities and Public Transportation) and Title III (Businesses and nonprofit service providers).

Title II - Services: 

Title II - Services ADA Enforcement and Mediation Program ADA Design Standards ADA Technical Assistance ADA Checklist and Guidelines Law Enforcement Local Governments Website Accessibility

Introduction to Title IIIPublic Accommodations: 

Introduction to Title III Public Accommodations Access to Goods and Services Your Rights as a Customer Enforced by the U.S. Department of Justice

Who is protected by Title III?: 

Who is protected by Title III? * Same definition as in Title I * Persons with disabilities Persons considered to have a disability Persons with a history of disability Persons associated with those with a disability

Who is Covered by Title III?: 

Who is Covered by Title III? Public accommodations, (i.e. restaurants, bars, exhibition, sales/rental offices, public displays, social services, fitness centers, transit stations, lodgings, auditoriums, retail and service, education and recreation), individuals, professional offices, corporations, are covered by Title III. Commercial facilities, shopping malls, warehouses and storage facilities, office buildings and parks are covered by Title III

Unlawful Discrimination: 

Unlawful Discrimination “No individual shall be discriminated against on the basis of disability in a place of public accommodation”

Reasonable Modifications: 

Reasonable Modifications A public accommodation must reasonably modify its policies, practices or procedures to avoid discrimination. Example: Service Animals, Providing an assistant, etc.

Modification Exceptions: 

Modification Exceptions The business can show that it would fundamentally alter the nature of the services or accommodations being offered Providing the aid or service would result in an undue burden, i.e., significant difficulty or expense However public accommodations shall accommodate to the maximum extent possible

Accommodations for Persons with Visual Impairments: 

Accommodations for Persons with Visual Impairments Reading short written documents on request Large print versions of menus/lists of services Use of Braille for larger documents Add tactile/Braille signage at facilities

Accommodations for Persons with Hearing Impairments: 

Accommodations for Persons with Hearing Impairments Using a pad for written conversations Availability of amplified telephone equipment Availability of a text telephone Availability of captioned video Installation of visual alarms Sign language interpreters for the provision of professional services $ Remember, you can not charge for accommodations! $

Not Required by the ADA: 

Not Required by the ADA Changes to the essential nature of the business Displaying merchandise in a manner that reduces selling area Providing restrooms or non-smoking spaces where such are not otherwise available

Title III - Best Resource: 

Title III - Best Resource 1-800-514-0307 (#7) 1-800-514-0383 (TTY) www.ada.gov Services: ADA Business Connection Information for Businesses including ADA Publications ADA Business Briefs Design Standards ADA Regulations

Introduction to Title IVTelecommunications: 

Introduction to Title IV Telecommunications Telephone and television access for people with hearing and speech disabilities. Enforced by Federal Communications Commission

Title IV - Requirements: 

Title IV - Requirements access to telephone and television services for people with hearing and speech disabilities requires telephone companies to establish interstate and intrastate telecommunications relay services that remain available 24 hour a day 7 days a week requires closed captioning of Federally funded public service announcements

Title IV Best Resource: 

Title IV Best Resource Federal Communications Commission (FCC) www.fcc.gov/cgb/dro 1-888-225-5322 (Voice) 1-888-835-5322 (TTY)

The Fair Housing Act: 

The Fair Housing Act Is Title VIII of the Civil Rights Act of 1968 a Federal Law, that prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status and disability.

Fair Housing Requirement #1: 

Fair Housing Requirement #1 Prohibits discrimination against persons with disabilities. It is unlawful for a housing provider to refuse to rent or sell to a person simply because of a disability. A housing provider may not impose different application or qualification criteria, rental fees or sales prices, and rental or sales terms or conditions than those required of or provided to persons who are not disabled.

Fair Housing Requirement #2: 

Fair Housing Requirement #2 Requires housing providers to make reasonable accommodations for persons with disabilities. A reasonable accommodation is a change in rules, policies, practices, or services so that a person with a disability will have an equal opportunity to use and enjoy a dwelling unit or common space.

Fair Housing Requirement #3: 

Fair Housing Requirement #3 Requires housing providers to allow persons with disabilities to make reasonable modifications. A reasonable modification is a structural modification that is made to allow persons with disabilities the full enjoyment of the housing and related facilities.

Fair Housing Requirement #4: 

Fair Housing Requirement #4 Requires that new covered multifamily housing be designed and constructed to be accessible. In covered multifamily housing consisting of 4 or more units with an elevator built for first occupancy after March 13, 1991, all units must comply with the design and construction requirements of the Fair Housing Act.

HUD: 

HUD U.S. Housing and Urban Development www.hud.gov Complaint Process Guidance Case Study Local Resources & Enforcement Agencies

Fair Housing - Best Resource: 

Fair Housing - Best Resource Fair Housing Accessibility FIRST 1-888-341-7781 (Voice/TTY) www.FairHousingFIRST.org

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Contact the Clearinghouse Toll Free and/or by TTY at: 877-ADA-4-YOU (877-232-4968) E-Mail: clearinghouse@dms.myflorida.com Address: 4030 Esplanade Way Suite 315 Tallahassee, FL 32399 Web Address: www.abilityforum.com Clearinghouse on Disability Information