Americans With Disabilities Act

What is ADA?  The Americans with Disabilities Act, effective July 26, 1992 establish a clear and comprehensive prohibition of discrimination on the basis of disability in the areas of: employment (Title I) state/local government and transportation (Title II) public accommodations (Title III)

Who is Disabled?  People who currently have a disability  People who have a history of disability  People who are perceived as disabled by others

Title I: Employment Who is Covered?  All private employers who have 15 or more employees on/after July 26, 1994  Employment agencies, labor organizations and joint labor management committees  Exempts: The United States or a corporation owned by the United States (covered by Rehab Act of 1973) An American Indian Tribe A bona fide private membership club that is exempt from taxation under the IRS code

Title I: Employment Prohibitions  Requires employers to provide qualified individuals with disabilities an equal opportunity to benefit from the full range of employment-related opportunities available to non-disabled persons. It prohibits discrimination in: job application procedures hiring advancement employee compensation Job assignment/classification job training other terms, conditions, or privileges of employment

Title I: Employment Qualified Individual With a Disability  “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 reasonable accommodation, can perform the essential functions of such position

Title I: Employment Types of Reasonable Accommodations  Reasonable accommodations may include but are not limited to: Modifying the job application process Making facilities accessible Job restructuring part-time or modified work schedules Acquiring or modifying of equipment/devices Modifying policies Providing readers/interpreters/notetakers/CART Educating co-workers Other similar accommodations

Title I: Employment Undue Hardship  Reasonable accommodation may not be provided if such accommodation results in undue hardship on the employer.  “Undue hardship” means: an action requiring significant difficulty or expense one that is costly, extensive, substantial or disruptive One that will fundamentally alter the nature of employment

Title I: Employment Tax Credit for Small Business  The Disabled Access Tax Credit is available to eligible small businesses that have either thirty or fewer full time employees or gross receipts of under $1,000,000 annually It provides a tax credit of 50% of eligible expenditures that exceed $250 but do not exceed $10,250. Eligible expenses are any expenses incurred in complying with the ADA, including:  Removing architectural, communication and transportation barriers  Providing auxiliary aids and services  Acquiring or modifying equipment and devices

Title II: State and Local Government Public Entity - Who is Covered?  Regardless of the public entity’s size, they include, but are not limited to: State legislatures, city halls and city councils State and local agencies State and local courts State police, local police and sheriffs State and local prisons and jails Public medical or health care facilities and clinics Public mental health facilities and clinics Public libraries and museums State and local parks and recreation programs

Title II: State and Local Government Prohibitions  The ADA prohibits discrimination by any state or local government against any qualified individual with a disability from receiving services, and/or participation in or be denied the benefits of services, programs or activities.

Title II: State and Local Government Policy Modification  It is discriminatory to fail to make reasonable modifications to policies, practices and procedures when necessary to avoid discrimination on the basis of disability unless the state or local government can demonstrate that modifying the policy or practice would fundamentally alter the nature of the activities or services offered.

Title II: State and Local Government Program Access in Existing Facilities  The public entity is required to operate each program so that the program is readily accessible to and usable by people with disabilities. Such program accessibility include but are not limited to: Redesign of equipment Reassignment to accessible buildings Use of aids Home visits Delivery of services at alternative accessible sites Alteration of existing facilities

Title II: State and Local Government Architectural Access  Public entities are required to follow specific architectural standards for existing structures and new construction.  New construction or alternations to existing facilities must comply with the Americans with Disabilities Act Access Guidelines or respective state or local building codes, whichever is stricter.

Title II: State and Local Government Auxiliary Aids and Services  Public entities must provide auxiliary aids and services in order to communicate effectively with or to ensure communication accessibility for individuals with hearing, vision or speech disabilities. Such auxiliary aids and services include but are not limited to: Qualified interpreters, assistive listening systems, decoders, open and closed captioning, TTY devices Qualified readers, audio recordings, braille materials, large print materials, materials on computer disk Speech synthesizers, computer terminals, communication boards Acquisition or modification of equipment or devices

Title II: State and Local Government Undue Hardship  Public entities are not required to provide or take actions that would result in: Fundamental alteration of the nature of the activities, programs or services offered Undue financial and administrative burdens

Title III: Public Accommodations Who is Covered?  Public accommodations are private entities who own, lease, lease to, or operate facilities such as: Places of lodging (motel, hotel, inn) Establishment serving food or drinks (restaurant, bar) Place of exhibition or entertainment (theater, stadium, concert hall) Place of public gathering (auditorium, convention center, lecture hall) Sales or rental establishment (store, shopping center, other retail or wholesale or rental establishment)

Title III: Public Accommodations Who is Covered? (continued) Service establishment (Laundromat, dry cleaner, bank, barber shop, travel agency, accountant, doctor office, beauty shop, pharmacy or other service establishment) Station used for public transportation (terminal, depot) Public display or collection (museum, library, gallery) Recreation (park, zoo, amusement park) Education (nursery, K-12 education, colleges/universities, private school) Social service center (day care center, food bank, homeless shelter) Exercise or recreation (gymnasium, health spa, bowling alley, golf course)

Title III: Public Accommodations Exemptions  Bona fide private membership clubs that requires Substantial membership fee Numerical limit on club membership Membership’s control over selection of members Criteria for admission Formality of admission process  Religious entities

Title III: Public Accommodations Auxiliary Aids and Services  Public accommodations must provide auxiliary aids and services in order to communicate effectively with or to ensure communication accessibility to individuals with hearing, vision or speech disabilities. Such auxiliary aids and services are but not limited to: Qualified interpreters, assistive listening systems, decoders, open and closed captioning, TTY Qualified readers, audio recordings, braille materials, large print materials, materials on computer disk Speech synthesizers, computer terminals, communication boards Acquisition or modification of equipment or devices 

Title III: Public Accommodations Architectural Access – Alterations and New Construction  New construction and facility alterations by public accommodations must be readily accessible to and useable by individuals with disabilities in compliance with the Americans with Disabilities Act Accessibility Guideline.

Title III: Public Accommodations Architectural Access – Readily achievable  Public accommodations must remove architectural, communication and transportation barriers in existing facilities where it is readily achievable to do so. Readily achievable means easily accomplishable and able to be carried out without much difficulty or expense.

Title III: Public Accommodations Architectural Access – Alternative Methods  If barrier removal is not readily achievable, the public accommodations must make their goods and services through alternative methods such as but not limited to: Curb service Retrieving merchandise from inaccessible shelves or places Relocating services, programs and/or activities Providing gas refueling services at self-serve pumps Providing any other accessible means

Title III: Public Accommodations Tax Credit for Small Business  The Disabled Access Tax Credit is available to eligible small businesses that have either: thirty or fewer full time employees or gross receipts of under $1,000,000 annually It provides a tax credit of 50% of eligible expenditures that exceed $250 but do not exceed $10,250. Eligible expenses are any expenses incurred in complying with the ADA, including:  Removing barriers  Providing auxiliary aids and services  Acquiring or modifying equipment

Title III: Public Accommodations Tax Deduction for Business of Any Size  Tax deduction of up to $15,000 may be taken for removal of structural barriers in facilities or transportation vehicles.  A business eligible for the small business tax credit which removes structural barriers may use the deduction for expenditures above the amount of the tax credit

Title IV: Telecommunications  Federally funded public service announcements must be closed captioned  Telephone companies must provide interstate and intrastate telecommunications relay services (TRS) 24 hours a day, 7 days a week.

Title V: Miscellaneous  An individual with a disability is not required to accept an accommodation.  Retaliation, interference, coercion and intimidation is prohibited against a person with a disability who has alleged discrimination.  Some conditions are excluded from the ADA definition of disability, e.g. sexual behavior disorders; compulsive gambling, kleptomania, current illegal drug use

Resources   How to file a public accommodations ADA complaint:  ADA Technical Assistance from federal agencies:

Need More Information? Contact: Center for Disability Rights 497 State Street Rochester, NY (585) V/TTY