LAWS & ACCESSIBILITY Part 1. Overview and Americans with Disabilities Act (ADA) Support for this work cam from NSF grant DUE for the development of accessible design curriculum material. (Any opinions, findings, and conclusions or recommendations expressed in this material are those of the author and do not necessarily reflect the views of the National Science Foundation.) © Robert Erlandson, 2003 College of Engineering, Wayne State University

Federal Laws dealing with accessibility have spawned a collection of guidelines covering products and services that impact most industries and businesses while touching the lives of all people, in one way or another. Yet accessible and universal design concepts and principles are not finding their way into engineering educational programs. This represents a serious knowledge gap – one that needs to be addressed.

Laws: Accessible Design

The three laws which deal most directly with the accessibility of products and services are: Americans with Disabilities Act a major civil rights law prohibiting discrimination on the basis of disability in the private and public sectors.Americans with Disabilities Act Telecommunications Act (Section 255) requires access to new telecommunications and customer premises equipment where "readily achievable."Telecommunications Act Rehabilitation Act Amendments amends section 508 of the Rehabilitation Act to ensure access to electronic and information technology in the Federal sector.Rehabilitation Act Amendments Laws

Federal Laws and the Engineering Disciplines Impacted

“The ADA recognizes and protects the civil rights of people with disabilities … prohibiting discrimination on the basis of race and gender. The ADA covers a wide range of disability, from physical conditions affecting mobility, stamina, sight, hearing, and speech to conditions such as emotional illness and learning disorders.” The Americans with Disabilities Act (ADA) of

The ADA addresses: Title I - access to the workplace Title II - State and local government services Title III - places of public accommodation and commercial facilities Title IV - requires phone companies to provide telecommunications relay services for people who have hearing or speech impairments (title IV)

ADA Jobs & Workplace The ADA (Title I) deals with: jobs essential functions of jobs reasonable accommodations use of assistive technology accessible design universal design

Americans with Disabilities Act: Jobs & Workplace Title I of the Americans with Disabilities Act of 1990 prohibits private employers, state and local governments, employment agencies and labor unions From discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions and privileges of employment.

An individual with a disability is a person who :  Has a physical or mental impairment that substantially limits one or more major life activities  Has a record of such an impairment  Is regarded as having such an impairment

A qualified employee or applicant with a disability is an individual who, with or without reasonable accommodation, can perform the essential functions of the job in question.

Reasonable accommodation may include, but is not limited to: Making existing facilities used by employees readily accessible to and usable by persons with disabilities Job restructuring, modifying work schedules, reassignment to a vacant position Acquiring or modifying equipment or devices, adjusting modifying examinations, training materials, or policies, and providing qualified readers or interpreters

An employer is required to make an accommodation to the known disability of a qualified applicant or employee if it would not impose an "undue hardship" on the operation of the employer's business.

Undue hardship is defined as an action requiring significant difficulty or expense when considered in light of factors such as an employer's size, financial resources and the nature and structure of its operation.

An employer is not required · to lower quality or production standards to make an accommodation · nor is an employer obligated to provide personal use items such as glasses or hearing aids

The Americans with Disabilities Act (ADA) of 1990 Titles II & III The building guidelines cover places of public accommodation, commercial facilities, and State and local government facilities.

Accessibility guidelines for transit vehicles and provides technical assistance and training on these guidelines. The vehicle guidelines address buses, vans, a variety of rail vehicles, trams, and other modes of public transportation. The Americans with Disabilities Act (ADA) of 1990 Titles II & III

Subpart B-Buses, Vans and Systems · General General. · Mobility aid accessibility Mobility aid accessibility. · Doors, steps and thresholds Doors, steps and thresholds. · Priority seating signs Priority seating signs. · Interior circulation, handrails and stanchions Interior circulation, handrails and stanchions. · Lighting Lighting. · Fare box Fare box. · Public information system Public information system. · Stop request Stop request. · Destination and route signs Destination and route signs. ADA: Transportation

Subpart C-Rapid Rail Vehicles and Systems Subpart D-Light Rail Vehicles and Systems Subpart E-Commuter Rail Cars and Systems Subpart F-Intercity Rail Cars and Systems · Sleeping compartments Sleeping compartments. Subpart G-Over-the-Road Buses and Systems · Mobility aid accessibility Mobility aid accessibility. · Moveable aisle armrests Moveable aisle armrests. Subpart H-Other Vehicles and Systems · Automated guideway transit vehicles and systems Automated guideway transit vehicles and systems. · High-speed rail cars, monorails and systems High-speed rail cars, monorails and systems. · Ferries, excursion boats and other vessels. [Reserved] Ferries, excursion boats and other vessels. [Reserved] · Trams, similar vehicles, and systems Trams, similar vehicles, and systems. ADA: Transportation

The Americans with Disabilities Act (ADA) The ADA mandates that information sources be accessible. In the past, this need was met with Braille texts, large print, captioning, and other types of aides. With the introduction of the World Wide Web and other telecommunications-related information sources, however, many businesses and communities are falling short of meeting their ADA obligations for the accessibility of information sources including web-based resources.