VI. Americans with Disability Act

A. An Overview

On July 26, 1990, President George Bush signed into law the Americans with Disabilities Act (ADA). This act has been recognized by organizations across the United States as the most sweeping civil rights legislation since the Civil Rights Act of 1964. Organizations must comply with the legislation that became effective for employers with 25 or more employees on July 26, 1992, and effective for employers with 15 or more on July 26, 1994.

The intent of the Americans with Disabilities Act is to prevent discrimination against qualified people with disabilities in employment, public services, transportation, public accommodations, and telecommunication services.

What the ADA means to organizations and their managers is that they can no longer screen out individuals with disabilities in the hiring process, nor can they discriminate in any area of employment, including compensation, promotions, benefits, or firing. Organizations will no longer be able to conduct pre-employment inquiries into the nature of an applicant's disability. Organizations must be aware of physical barriers into their work environment, as well as provide up-to-date relevant job descriptions to their workers.

"Does the ADA mean that employers have to hire me because of my disability?"

No, the law states that employers should hire the best qualified candidate for the position... regardless of whether or not the person has a disability.

B. The Five Parts of the ADA:

Title I, Employment. Its purpose is to prohibit discrimination in employment against qualified individuals.
Title II, Public Services. This title prohibits discrimination in programs run by public entities such as state and local governments or agencies, including public transportation.
Title III, Public Accommodations and Commercial Facilities. Private businesses open to the public (such customer counters) must make sure that people with disabilities are able to participate in the goods and services they offer. This includes making sure that all such buildings, new and existing, are accessible to individuals with disabilities.
Title IV, Telecommunications. Requires telephone companies to make relay services available for hearing- and speech-impaired people.
Title V, Miscellaneous. This catch-all section includes a variety of technical provisions, including a provision that the ADA does not override state laws that prohibit discrimination against individuals with disabilities.

C. Title I, Employment: Three Steps

A person is qualified for a job if he or she can perform the essential functions.
If a person cannot perform an essential function, the employer must consider whether the person could do the job with some reasonable accommodation.
The employer must provide the accommodation unless it would be an undue hardship.

D. Important ADA Definitions

1. Qualified Candidate: Can perform essential functions alone or with reasonable accommodation.

2. Essential functions: What an individual must be able to do to hold a specific position, with or without accommodation. The tasks are inherent in the position and specialized skills are required to perform the tasks. Only a limited number of employees can perform these tasks.

3. Marginal functions: Tasks that can be easily transferred to another employee without hurting the employer's business.

The ADA focuses on job performance and not marginal duties in determining what is an essential job function.

For example:

A federal court held that answering the telephone was not an essential function of a time-and-attendance clerk at the post office. They found that the clerk was responsible for tallying, documenting, and analyzing the hours that postal service employees worked. Therefore, it would be discrimination not to hire an otherwise qualified individual who is deaf or has a speech disability.

3. Reasonable accommodation: Making a change, through technology, time, etc., so that qualified persons with disability can participate.

4. Undue hardship: The accommodation(s) would be unduly costly, extensive, substantial, disruptive, or would change essential functions.

5. Disability can mean any of the following:

Examples of Major Life Activities:
Seeing; Hearing; Speaking;
Breathing; Walking; Learning;
Ability to Work; Performing manual tasks;
Caring for self

b. A record of such impairment.
c. Being regarded as having such an impairment.

6. Those Excluded:

Americans with Disabilities Act Employment Opportunity Enhancers

Title I...Employment Protects applicants and employees in private sector and state and local government agencies with 15 or more employees.
Title II...Public Services Protects applicants and employees in small state and local government agencies employing fewer than 15 workers. Requires that all state and local government services, programs, and activities be accessible. Targets accessibility in public transportation, such as city buses and commuter trains as well as to AMTRAK, operated by state and local government agencies.
Title III...Public Accommodations and Services Operated by Private Entities Targets accessibility in public transportation, such as buses and vans, operated by private entities. Prohibits private businesses and service providers, such as restaurants and banks, from discriminating against, refusing service, or excluding individuals with disabilities. Addresses accessibility in existing and newly constructed/altered public accommodations and commercial facilities. Trade associations or performing artists that lease space for a conference or a performance at a hotel, convention center, or stadium become a public accommodation that must comply.
Title IV...Telecommunications Requires telephone companies to offer 24-hour telecommunications local and long distance relay services to customers who have hearing and speech impairments. Addresses closed captioning of public service announcements.
Title V...Miscellaneous Prohibits retaliation against individuals who exercise their rights under ADA.

Adapted from: Witt, Melanie Astaire. Job Seeking Strategies for People with Disabilities. Peterson's Guide. 1992.

Americans with Disabilities Act Employment Opportunity Enhancers
Title I...Employment	Protects applicants and employees in private sector and state and local government agencies with 15 or more employees.
Title II...Public Services	Protects applicants and employees in small state and local government agencies employing fewer than 15 workers. Requires that all state and local government services, programs, and activities be accessible. Targets accessibility in public transportation, such as city buses and commuter trains as well as to AMTRAK, operated by state and local government agencies.
Title III...Public Accommodations and Services Operated by Private Entities	Targets accessibility in public transportation, such as buses and vans, operated by private entities. Prohibits private businesses and service providers, such as restaurants and banks, from discriminating against, refusing service, or excluding individuals with disabilities. Addresses accessibility in existing and newly constructed/altered public accommodations and commercial facilities. Trade associations or performing artists that lease space for a conference or a performance at a hotel, convention center, or stadium become a public accommodation that must comply.
Title IV...Telecommunications	Requires telephone companies to offer 24-hour telecommunications local and long distance relay services to customers who have hearing and speech impairments. Addresses closed captioning of public service announcements.
Title V...Miscellaneous	Prohibits retaliation against individuals who exercise their rights under ADA.

E. Reasonable Accommodations:

What are Reasonable Accommodations?

Reasonable Accommodations are changes to a job or piece of equipment that enable a person with a disability to perform the essential functions of that particular job. Essentially, they provide individuals who happen to have disabilities with an equal opportunity to compete in the workplace . . . and shop in the marketplace.

Types of Reasonable Accommodation:

Making the facilities accessible to someone with a disability.
Modifying work schedules.
Acquiring or modifying equipment.
Providing auxiliary aids and services.
Appropriately modifying examinations, training, or other programs.
What may be Reasonable for one Employer in one Situation may be Classified as an "Undue Hardship" for Another in a Similar Situation.
Be aware of your accommodation needs, approximate costs, and places to purchase equipment if necessary.

What Constitutes an Undue Hardship?

Undue hardship means that making a reasonable accommodation would be a significant difficulty or expense for the business.

Must consider the nature and net cost of the accommodation and the availability of tax credits and deductions.

Must consider the overall financial resources of the business.

Must consider possible alternative accommodations that would be less costly.

Auxiliary Aids and Services

Qualified Interpreters or Other Effective Methods.
Qualified Readers, Taped Texts or Other Methods.
Acquisition or Modification of Equipment or Devices.
Similar Services and Actions.

F. Determining Accommodations:

On the lines provided, write down the titles of the areas you have checked on the Disability Assessment. If there is an accommodation that will help you to perform this function, write it down. If no accommodation exists, write n/a, or none available.

Use "Examples of Disabilities, Possible Access Issues, & Accommodations" to help you with possible accommodations. In addition, think of accommodations that you use at home and at school such as a tape recorder, scribe, or TDD, that are also used at work. Resources for locating appropriate accommodations are listed further.

Area:				Accommodation:

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Examples of Disabilities, Possible Access Issues, & Accommodations

Disability Possible Access Possible Solutions
Blind & vision Impaired (include not only those who are totally blind, but also those with limited vision
Path of travel
Displays of information
Controls with written directions
Elevators operating buttons
Completion of written forms

"Talking" computers, calculators
Labeling in braille
Respond to questions orally
Air radio announcements
Avoid clutter in passageways
Use writing, drawing, optical aids (e.g. magnifiers)

Deaf & Hearing Impaired (including not only those persons who are totally deaf, but also those with limited hearing) Information obtained through:
1. Telephones
2. Warning devices(e.g., fire alarms, public address systems)
3. Equipment operating noises
Use of amplification devices
Installations of TDD
Publication of written announcements
Allow mail-in-procedures to be used
Policy accommodating lip readers
Use visual cues for signage

Psychological
Disabilities
Difficulty understanding:
1. Signs
2. Controls
3. Operating instructions
4. Directions

Willingness of someone to assist and/or answer questions and provide directions

Difficulty with Upper Body Movement (including not only those persons who have limited use of arms, shoulder; persons who use wheelchairs or crutches; people of short stature; those who cannot perform certain hand movements, or have difficulty controlling movement) Difficulty operating (or locating or reaching) certain hardware:
1. Hand controls on doors
2. Toilet room fixtures
3. Water fountains
4. Telephones
5. Vending machines
6. Light fixtures
Relocating a program or service to accessible area
Use of adaptive equipment or modification of present hardware

Mobility Impairments (including those persons having difficulties, stamina limitations, as well as those who use wheelchairs and crutches
No grasp bars. handrails, other supports
No designated parking spaces for disabled people
Distance from parking, public transportation stops
Route of travel
1. Curbs, walks, unleveled surfaces
2. Carpeting, Textured title supports
Entrances and doors
Restrooms, phones, water fountains
Location of controls, general hardware

Replace existing hardware, equipment
Make necessary structural changes to eliminate barriers;
1. Install ramps
2. Widen doorways

Examples of Disabilities, Possible Access Issues, & Accommodations
Disability	Possible Access	Possible Solutions
Blind & vision Impaired (include not only those who are totally blind, but also those with limited vision	Path of travel Displays of information Controls with written directions Elevators operating buttons Completion of written forms	"Talking" computers, calculators Labeling in braille Respond to questions orally Air radio announcements Avoid clutter in passageways Use writing, drawing, optical aids (e.g. magnifiers)
Deaf & Hearing Impaired (including not only those persons who are totally deaf, but also those with limited hearing)	Information obtained through: 1. Telephones 2. Warning devices(e.g., fire alarms, public address systems) 3. Equipment operating noises	Use of amplification devices Installations of TDD Publication of written announcements Allow mail-in-procedures to be used Policy accommodating lip readers Use visual cues for signage
Psychological Disabilities	Difficulty understanding: 1. Signs 2. Controls 3. Operating instructions 4. Directions	Willingness of someone to assist and/or answer questions and provide directions
Difficulty with Upper Body Movement (including not only those persons who have limited use of arms, shoulder; persons who use wheelchairs or crutches; people of short stature; those who cannot perform certain hand movements, or have difficulty controlling movement)	Difficulty operating (or locating or reaching) certain hardware: 1. Hand controls on doors 2. Toilet room fixtures 3. Water fountains 4. Telephones 5. Vending machines 6. Light fixtures	Relocating a program or service to accessible area Use of adaptive equipment or modification of present hardware
Mobility Impairments (including those persons having difficulties, stamina limitations, as well as those who use wheelchairs and crutches	No grasp bars. handrails, other supports No designated parking spaces for disabled people Distance from parking, public transportation stops Route of travel 1. Curbs, walks, unleveled surfaces 2. Carpeting, Textured title supports Entrances and doors Restrooms, phones, water fountains Location of controls, general hardware	Replace existing hardware, equipment Make necessary structural changes to eliminate barriers; 1. Install ramps 2. Widen doorways

Finding Accommodations:
If you are unsure about what type of accommodations are available to meet your personal needs, you can seek advice from career or rehabilitation counselors, or contact any of the following organizations that specialize in helping people identify job accommodations:

Job Accommodation Network (JAN) Voice/TT: 800-526-7234
Disability-Specific Assistance AT&T National Center in Parsippany:
Voice: 800-233-1222; TT: 800-833-3232
National Center on Employment of the Deaf in Rochester N.Y.:
Voice: 716-475-6219
TT: 716-475-6205
Cross-Disability Assistive Devices (clearinghouses)
RESNA: Voice: 202-857-1199
ABLEDATA: Voice: 203-606-5405
Computer-Based Accommodations
IBM National Support Center for Persons with Disabilities:
Apple Computeršs Worldwide Disability Solutions Group:
Voice: 800-331-3027
TT: 408-947-7911
Additional resources may be available at the federal, state, and local level. See Telephone Numbers for ADA Information.

Filing Complaints:

Before filing a complaint it is a good idea to talk the situation over with someone who is familiar with the ADA and disability such as a rehabilitation counselor or school disabled student services counselor.

Try answering the following questions:

Is it possible that the employer or public accommodation has never heard of the ADA?
Is the employer or public accommodation willing to comply but is having trouble understanding the law?
Or, is the employer or public accommodation flagrantly disobeying the law?

File Complaints with the Following Agencies:

Title I: U.S. Equal Employment Opportunity Commission (EEOC)
Title II & Title III: Department of Justice Office of the Americans with Disabilities Act
Title II & Title III: Department of Transportation
Title III: Architectural and Transportation Barriers Compliance Board
Title IV: Federal Communications Commission

To guarantee federal protection, file a charge within 180 days of a discriminatory event.

Complaint should be made in writing, signed by the complainant or an authorized representative. The complaint must contain the complainant's name and address and a description of the discrimination.

U.S. Department of Justice
Civil Rights Division
Office on Americans With Disabilities Act

G. Telephone Numbers for ADA Information

This list contains the telephone numbers of Federal agencies that are responsible for providing information to the public about the Americans with Disabilities Act and organizations that have been funded by the Federal government to provide information through staffed information centers.

The agencies and organizations listed are sources for obtaining information about the law's requirements and informal guidance in understanding and complying with the ADA. They are not, and should not be viewed as, sources for obtaining legal advice or legal opinions about your rights or responsibilities under the ADA.

For your convenience, the numbers for reaching these offices by both voice telephone and TDD telephone devices (also called text telephones) are listed. A directory indicating which agencies and organizations to call for information on the different provisions of the ADA is attached.

American Foundation for the Blind
202/223-0101 (voice)
232/223-0101 (TDD)

American Speech-Language-Hearing
800/638-8255 (voice) Association
800/638-8255 (TDD)

Architectural and Transportation Barriers Compliance Board
800/872-2253 (voice)
800/872-2253 (TDD)
202-272-5447 (FAX)

Association for Retarded Citizens of the United States
800/433-5255 (voice)
800/855-1155 (TDD)
(tell operator you would like to place a collect call to 817/277-0553)

Association on Handicapped Student Service Programs in Post secondary Education
800/247-7752 (voice)
800-247-7752 (TDD)

Disability Rights Education and Defense Fund
800/466-4232 (voice)
800/466-4232 (TDD)

Equal Employment Opportunity Commission
For questions and documents
800/669-3362 (voice)
800/800-3302 (TDD)

Alternate number for ordering documents (print and other formats)
202/663-4264 (voice)
202/663-7110 (TDD)

Federal Communications Commission
For ADA documents and general information
202/632-7260 (voice)
202/632-6999 (TDD)
202-632-0942 (FAX)

Other inquiries
800/828-1140,
ext. 703/418-2739 (voice)
202/634-1855 (TDD)

Technical Assistance and enforcement
800/669-3362 (voice)

Job Accommodation Network
800/526-7234 (voice)
800/526-7234 (TDD)

Within West Virginia
800/526-4698 (V/TDD)

National Association of Protection and Advocacy Services
202/408-9514 (voice)
202/408-9521 (TDD)

National Center for Law and Deafness
202/651-5343 (voice)
202/651-5343 (TDD)

National Council on Disability Information Line: ADA Watch
800/875-7814 (voice)
301/577-7814 (TDD)

National Easter Seal Society Project ACTION (Accessible Community Transportation in Our Nation)
202/347-3066 (voice)

202/347-7385 (TDD) National Federation of the Blind
410/659-9314 (voice)

President's Committee on Employment of People with Disabilities Information Line: ADA Work
800/232-9675 (voice)
800/232-9675 (TDD)

The Foundation on Employment and Disability
800/499-4232 (voice)
800/499-0559 (TDD)

U.S. Department of Justice ADA Hotline
202/514-0301 (voice)
202/514-0383 (TDD)

U.S. Department of Labor, Office of Federal Contract Compliance Programs
202/523-9428 (voice)

U.S. Department of Transportation
Federal Transit Administration (for ADA documents and information)
202/366-1656 (voice)
202/366-2979 (TDD)

Office of the General Counsel (for legal questions)
202/366-9306 (voice)
202/755-7687 (TDD)
202-366-7153 (FAX)

Federal Aviation Administration
202/376-6406 (voice)

Rural Transit Assistance Program (for information and assistance on public Transportation issues)
800/527-8279 (voice)
800-527-8279 (TDD)

Regional Disability and Business Technical Assistance Centers

For ADA information, assistance, and copies of ADA documents supplied by the Equal Employment Opportunity Commission and the Department of Justice, which are available in standard print, large print, audio cassette, Braille, and computer disk:

Toll-free number for reaching any of the following Centers
800/949-4232 (voice)
800/949-4232 (TDD)

Region I (Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut)
207/874-6535 (voice)
207/874-6535 (TDD)

Region II (New York, New Jersey, Puerto Rico)
609/392-4004 (voice)
609/392-7004 (TDD)

Region III (Pennsylvania, Delaware, Maryland, District of Columbia, Virginia, West Virginia)
703/525-3268 (voice)
703/525-3268 (TDD)

Region IV (Kentucky, Tennessee, North Carolina, South Carolina, Georgia, Alabama, Mississippi, Florida)
404/888-0022 (voice)
404/888-9098 (TDD)

Region V (Ohio, Indiana, Illinois, Michigan, Wisconsin, Minnesota)
312/413-7756 (voice)
312/413-7756 (TDD)

Region VI (Arkansas, Louisiana, Oklahoma, Texas, New Mexico)
713/520-0232 (voice)
713/520-5136 (TDD)

Region VII (Iowa, Missouri, Nebraska, Kansas)
314/882-3600 (voice)
314/882-3600 (TDD)

Region VIII (North Dakota, South Dakota, Montana, Wyoming, Colorado, Utah)
719/4440252 (voice)
719/4440252 (TDD)

Region IX (Arizona, Nevada, California, Hawaii, Pacific Basin)
510/465-7884 (voice)
510/465-3172 (TDD)

Region X (Idaho, Oregon, Washington, Alaska)
206/438-3168 (voice)
206/438-3167 (TDD)

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