ADA

KNR 270

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

ADA

Civil rights law 20th 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

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

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

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

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

PURPOSE

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

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

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

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

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

Key Terms

Reasonable accommodations

Any change or adjustment that permits a person with a disability to meet the eligibility requirements of a program

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

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

KEY TERMS

Reasonable accommodations

Accommodations are individualized

Based on assessment

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

KEY TERMS

Undue burden = Title II Title II is stiffer

Economic Administrative Programmatic

Readily achievable = Title III

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

5 TITLES

I. EmploymentIIA. State & local governmentIIB. Public transportationIII. Public accommodations by

private agenciesIV. Communication systemsV. Misc. & enforcement

EXCLUDES

Private clubsReligious organizationsIndian reservationsExecutive branch of the federal governmentAir transportationPrivate residential facilities

TITLE I. Employment

Under 15 employees are exemptCovers applicants & employeesCovers all aspects from hiring to promotingQualified individual with a disabilityDo not have to hire unqualified peopleKey is good job descriptionAccommodationsUndue hardships

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, & programsMay not charge extra for accommodations

TITLE III: Public Accommodations

Commercial recreation, travel & tourismPlaces of lodging (inns, hotels)Food or entertainment establishmentsTheatres, movie houses, concert hallsStadiumsAuditoriums, convention centersLibraries, grocery stores

TITLE III Continued

Service places (banks, insurance offices)Museums, galleriesParks, zoos, amusement parksGyms, health spasBowling alleys, golf coursesNot required to help with feeding, toileting, or dressing