1. ADA KNR 270

2. ADA What is ADA? Americans with Disabilities Act PL 101-336 When signed into law? 7/26/90 After 2 decades of efforts by advocates & families Relied heavily on Rehabilitation Act of 1973 Who was the president? George H. W. Bush

3. ADA Civil rights law 20 th century Emancipation Proclamation for people with disabilities  Bullock & Mahon Goes beyond agencies that receive federal funds “An act to establish a clear & comprehensive prohibition of discrimination based on disability.” (PL 101-336) Can be enforced with lawsuits

4. ADA History (Shapiro, 1994) Different from other civil rights bills Cost businesses money Small businesses were really concerned & ultimately the law included exemptions Businesses began to see PWD as new sources of labor & customers

5. ADA History (Shapiro, 1994) Advocates Largely an underground movement Lots of different groups Often not agree (ADAPT & Rehab counselors) Wanted a “flat earth bill”  Within 2 years everything would be accessible

6. ADA History (Shapiro, 1994) “Hidden Army” People with disabilities or someone in family Tom Harkin --- brother who was deaf Edward Kennedy --- son who lost leg to cancer, sister who had mental retardation Bob Dole --- paralyzed right arm Orin Hatch --- brother-in-law had polio

7. ADA History (Shapiro, 1994) “Hidden Army” George Bush  3 y/o daughter had leukemia  Son had a learning disability Bush’s support of disability rights helped with his election

8. PURPOSE To provide a national mandate for the elimination of discrimination against individuals with disabilities To provide enforceable standards addressing discrimination To address major areas of discrimination faced day-to-day by people with disabilities

9. KEY TERMS Disability 3 prong definition Both visible and hidden disabilities Doesn’t include current users of illegal drugs (unless rehab) Person who is an alcoholic is covered

10. KEY TERMS Qualified individual with a disability Meets ADA definition of disability Someone who with or without reasonable accommodations can meet essential eligibility UNLESS direct threat to health & safety OR require fundamental alterations of program Don’t know if fundamental alteration without an individual assessment

11. Key Terms Essential eligibility Minimum set of factors that determines whether a person is eligible to participate in a program Changes from program to program Has nothing to do with disability

12. KEY TERMS Essential eligibility Job: essential functions of job Programs  Live in community (residence)  Register for class before closed (capacity)  Age  Skill  Fee  Rules of conduct  Safety

13. Key Terms Reasonable accommodations Any change or adjustment that permits a person with a disability to meet the eligibility requirements of a program

14. Key Terms Reasonable accommodations (McGovern, 2005) Assessment (recommend CTRS) Extra staff (including 1-1) Trained staff (existing, new, volunteers) Auxiliary aides (sign language, Braille, etc.) Changes to rules & policies Adaptive equipment

15. Key Terms Reasonable accommodations (McGovern, 2005) Removal of architectural barriers  ADA Coordinator  Complain process  Self-evaluation of polices, programs, facilities  Complete transition plan Removal of transportation barriers

16. KEY TERMS Reasonable accommodations Accommodations are individualized Based on assessment

17. Key Terms Undue burden Not required to make an accommodation if it would impose undue hardship or burden on the provider Causes extreme difficulty or expense

18. KEY TERMS Undue burden = Title II  Title II is stiffer Economic Administrative Programmatic Readily achievable = Title III

19. KEY TERMS Most integrated setting Specialized programs are OK Must be CHOICE Communicate compliance post intent to comply with ADA person in charge of compliance publicize grievance procedure

20. 5 TITLES I.Employment IIA.State & local government IIB.Public transportation III.Public accommodations by private agencies IV.Communication systems V.Misc. & enforcement

21. EXCLUDES Private clubs Religious organizations Indian reservations Executive branch of the federal government Air transportation Private residential facilities

22. TITLE I. Employment Under 15 employees are exempt Covers applicants & employees Covers all aspects from hiring to promoting Qualified individual with a disability Do not have to hire unqualified people Key is good job description Accommodations Undue hardships

23. TITLE IIA: State & Local Government Counties, cities, towns, villages, townships, school districts, special purpose governments like park districts & SRAs, mental health districts, forest preserves, etc. All activities, services, & programs May not charge extra for accommodations

24. TITLE III: Public Accommodations Commercial recreation, travel & tourism Places of lodging (inns, hotels) Food or entertainment establishments Theatres, movie houses, concert halls Stadiums Auditoriums, convention centers Libraries, grocery stores

25. TITLE III Continued Service places (banks, insurance offices) Museums, galleries Parks, zoos, amusement parks Gyms, health spas Bowling alleys, golf courses Not required to help with feeding, toileting, or dressing