YOU BE THE JUDGE: Your Everyday Rights Training Institute for Disability Rights The ADA & You EQUIP FOR EQUALITY
2 Laws to Help People Civil Rights Act – Illegal to discriminate on the basis of gender, race/ethnicity & religion 1973 Rehabilitation Act/Section 504 – Can’t discriminate against people with disabilities if you receive money from the federal government
3 The Americans with Disabilities Act (1990) Does not allow people to be discriminated against because of their physical or mental disabilities People with disabilities have the same opportunities & access to services & places as people without disabilities
4 The Americans with Disabilities Act (ADA) Jobs Public services Businesses Telephone system
5 The ADA & Discrimination With all these laws, has discrimination ended? Why make the laws if they haven’t stopped discrimination?
6 You Be the Judge Now that you know about the law — – You’ve become a federal judge helping decide cases under the ADA We’ll present each case – Then you’ll have a chance to give your arguments & make a decision
7 The Case of the Online Application Fran has trouble reading information from a computer screen. She wants to be a stock person in a large store. Fran went to Bullseye, a chain store near her home, to apply for a job. Bullseye has people fill out a job application on a computer at the store.
8 The Case of the Online Application Fran needs help using computers and wasn’t able to fill out the application on her own. She left the store without applying for the job she wanted. Judges: Is this discrimination?
The Case of the Online Application Judges Decision: Fran did not let anyone know she needed help, so the company is not discriminating against her. If Fran asked for help and they said no, then it would be discrimination. Fran needs to take responsibility and ask for help. 9
10 The Case of the Mean Volunteers Terry is volunteering at the local public library. The other volunteers have started to make fun of him, because it is takes him longer to shelve books.
11 The Case of the Mean Volunteers Terry asked the other volunteers to stop making fun of him, but they keep on doing it anyway. Terry talked to the librarian and complained about the way the other volunteers were acting.
12 The librarian said, “There’s nothing I can do, because they were volunteers and not getting paid.” Judges: Is Terry being discriminated against, and if so, what can he do? The Case of the Mean Volunteers
Judges Decision: Yes, this is discrimination. The ADA is about access and Terry is being denied access to a volunteer job in the community. There is also an argument that the mean volunteers are creating a hostile work environment. Once the librarian hears about the problem, he is required by law to talk to everyone involved in the issue. Terry can go to the librarian’s boss and even the boss’s boss (maybe the library board) if the librarian doesn’t take any action. 13
The Case of the Mean Volunteers Judges Decision: If there is a human resources staff person or department, Terry can explain her situation and ask that action be taken. Terry can also go to the librarian’s boss and even the boss’s boss (maybe the library board) if the librarian and human resource department doesn’t take any action. 14
15 Voting Rights Understand that you’ve got the power – You are a voter! – You can make changes! – You are a lawmaker!
16 Bill of Rights for Illinois Voters You have the right to: Request assistance and accommodations in voting, if needed Receive a new ballot if you make a mistake or change your mind
17 3 Ways to Vote in Illinois 1. Go to an early voting place before Election Day Between 22 and five days before the election 2. Go to your polling place on Election Day 3. Request to vote by absentee ballot By mail or in person
18 Accessible Polling Places If you want to be sure you can vote on Election Day, it’s best to plan ahead. Call the election office to find out the location of your polling place. You can also tell them you need an accessible polling place.
19 The Case of the Vetoed Voting Help Dan is an adult with a disability who goes to vote at his local polling place. He brings his niece, who is 14 years old, to help him read the candidates’ names and use the touch screen. The polling judge tells Dan he can’t have his niece in the voting booth, because she is too young to vote. Judges: Is the polling judge correct?
The Case of the Vetoed Voting Help Judges Decision: The polling judge is wrong. Anyone you bring with you can help you in the voting booth. Age is not a factor, neither is being a relative, friend or co-worker. The only people that cannot help would be your boss at work or a union boss if you are a member of the union. 20
The Case of the Vetoed Voting Help Judges Decision: If you need help and no one is with you, 2 judges, one democrat and one republican are required to help you in the voting booth when you ask for assistance. 21
Getting Where You’re Going Your rights: Use any public bus or rail system Receive route, service, street and stop information in an accessible and useable form. Use a common wheelchair or other mobility device to board a bus or train.
Paratransit Under the ADA Public fixed-route bus and rail service must also provide ADA paratransit service (Paratransit service is transportation for people with disabilities who cannot use the bus or rail system all or some of the time).
Paratransit Under the ADA Paratransit eligibility is “ functionally based ” It ’ s not based on a person ’ s specific type of disability but on that person ’ s individual ability to use the bus or rail system. Where you live is not a factor.
Paratransit Under the ADA ADA paratransit eligibility is divided into three categories: Category 1: “ Can ’ t navigate the system ” A person who, because of a physical or mental disability, is unable to board, ride or disembark from an accessible vehicle without assistance.
Paratransit Under the ADA Category 2: “ Needs accessible bus or rail station ” A wheelchair user who wants to travel a route that is not accessible. A person with a visual disability who can’t use the fixed route because bus drivers do not always call out bus stops.
Paratransit Under the ADA Category 3: “ Specific impairment-related condition ” A person who has a specific disability-related condition that prevents him or her from traveling to a boarding location or from a disembarking location (where you get off the bus or van).
28 The Case of the Cranky Commuters Stan uses a wheelchair and takes TrainsRUs to work. The conductor lowers a ramp for Stan to get on and off the bus, and this takes extra time. The train runs late and other commuters have started to complain.
29 The Case of the Cranky Commuters TrainsRUs is now considering a similar policy that is already in effect for bicycles. The policy restricts bicycles to non-rush- hour times. Wheelchairs would also be restricted to non-rush-hour times. Judges: Can TrainsRUs do this?
The Case of the Cranky Commuters Judges Decision: Trains RUs would be violating the ADA if they put this policy in place. They can ask Stan to get on certain cars that have the ramp for his chair, but can’t force him to only ride the train at certain times. 30
Questions or Comments? If you need help with a problem or want more information, please contact Equip for Equality: – Complete our Contact Form at www.equipforequality.org Complete our Contact Form at www.equipforequality.org – Call us at: 800-537-2632 (phone) 800-610-2779 (tty) 31