The Americans with Disabilities Act ! The Americans with Disabilities Act ! A Primer for Programs Serving Survivors 1 Presenter Presenter Leslie Myers, MS, CRC, CDVC Senior Program Associate Accessing Safety Initiative Center on Victimization & Safety Vera Institute of Justice 1330 Connecticut Ave NW, Suite B Washington, DC 20036 T: (202) 347-6776 X 755 E-mail: lmyers@vera.org Learning Objective Learning Objective 1. Gain a basic understanding of the 5Titles of the Americans with Disabilities Act 2. Learn about recent changes to the Americans with Disabilities Act 3. Learn about your responsibilities as anemployer and a service provider 4. Learn where you can get additionalinformation Polling Question #1 Polling Question #1 How would you rate yourself in your knowledge of the ADA? a. I know nothing about the ADA b. I know a little about the ADA c. I have a working knowledge of the ADA d. I am an expert in the ADA What is the Americans with Disabilities Act (ADA)? What is the Americans with Disabilities Act (ADA)? Ą Signed into law in 1990, the Americans with Disabilities Act (ADA) provided civil rights protections to individuals with disabilities Ą The ADA prohibits discrimination on thebasis of disability in employment, State andlocal government, public accommodations, commercial facilities, transportation, and telecommunications. Who is Covered by the ADA Who is Covered by the ADA ADA Definition of Disability The term 'disability' means, with respect to an individual: a. a physical or mental impairment thatsubstantially limits one or more major life activities of such individual; b. a record of such an impairment; or c. being regarded as having such animpairment. A Closer Look at the Definition A Closer Look at the Definition a. a physical or mental impairment that substantially limits one or more major life activities of such individual; Impairment is defined as: a. A physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more body systems or b. A mental or psychological disorder, such as intellectual disability, emotional or mental illness, and learning disabilities A Closer Look at the Definition A Closer Look at the Definition a. a physical or mental impairment thatsubstantially limits one or more major lifeactivities of such individual; Major Life Activities is defined as: Ą Caring for yourself Ą Learning and Working Ą Walking, Seeing and Hearing Ą Speaking and Breathing and Ą Maintaining social relationships, among other things. Ą The operation of a major bodily function*** Polling Question #2 Polling Question #2 Who has a disability under the ADA? A) Gloria? She has schizophrenia and had been living in a group home and working until she stopped talking her meds and is now homeless. B) Mary? She had cancer six years ago and has been in remission for the past 5 years C) Tom? He has had diabetes since he was a kid but it is controlled through his regular use of his medication and a proper diet. D) Jenny? A successful lawyer who lost her leg 10 years ago, she uses a prosthetic and ran the NY Marathon last year. A Closer Look at the Definition A Closer Look at the Definition a. a physical or mental impairment that substantially limits one or more major life activities* of suchindividual; Substantially limits, while not defined in the ADA or the Amendments Act does have 9 Rules of Construction including these 3: Ą Episodic or in remission, limitations will be considered as if active ** Ą Only one major life activity needs to be substantially limited Ą Shall be made without regard to the ameliorative effects of mitigating measures A Closer Look at the Definition A Closer Look at the Definition b. a record of such an impairment; or An individual has a record of a disability if theindividual has a history of, or has beenmisclassified as having, a mental or physicalimpairment that substantially limits one or moremajor life activities. A Closer Look at the Definition A Closer Look at the Definition c. being regarded as having such an impairment. ŇRegarded AsÓ is defined as: An individual who has been subjected to an actionprohibited under this Act because of an actualperceived physical or mental impairment whether or not the impairment limits or is perceived to limit amajor life activity. Regarded as does not apply to impairments that aretransitory and minor (an actual or expected duration of 6 months or less). Titles of the ADA Titles of the ADA ADA Title I: Employment ADA Title II: State and Local Government ADA Title III: Public Accommodations ADA Title IV: Telecommunications Relay Services ADA Title V: Miscellaneous Provisions ADA Title I: Employment Title I applies to employers with 15 or more employees ADA Title I: Employment Title I applies to employers with 15 or more employees Under Title I, employers are expected to hire, fire, and promote the most qualified individual, regardless of his/her disability. It requires employers to make reasonable accommodations, unless the accommodation would impose an undue hardship on the employer. Title I prohibits employers from giving pre-employment medical exams, using employment tests or other selection criteria. It does permit employers to inquire about the applicant or employeeŐs ability to perform the essential functions of the job. Polling Question #3 Polling Question #3 Because of space considerations at the shelter several of the filing cabinets containing old seldom used files have been moved to the basement of your building which is only accessible by stairs. Beth works for you as an administrative aide, one of the essential functions of her job is filing. Beth has arthritis and is unable to walk up and down stairs, Beth asks you to provide someone to retrieve or return files to the basement, when those are needed. Is this a reasonable accommodation? q. YES q. NO Definitions of Key Terms in Title I Definitions of Key Terms in Title I Reasonable Accommodations are any changes that enables a person with a disability to have equal employment opportunities. Undue Hardship means Ňsignificant difficulty or expenseÓ. Essential Functions are the fundamental job duties of the position it does not include the marginal functions of the position. Polling Question #4 Polling Question #4 How would you define the agency youwork for? a. Private/non-profit agency b. Department under the local/state or federal government ADA Title II: State & Local Government ADA Title II: State & Local Government Title II prohibits state and local government from discriminating against people with disabilities in their programs, services and activities. To allow equal opportunity for individuals with disabilities, public entities must: Ą Make reasonable modifications to their policies, practices, and procedures Ą Provide auxiliary aids and services Ą Provide integrated program access through nonstructural and architectural modifications ADA Title III: Public Accommodations ADA Title III: Public Accommodations Privately owned businesses, including for-profit and nonprofit establishments such as domestic violence and sexual assault programs are required to follow Title III guidelines. Title III entities must: Ą Provide goods and services in the most integrated setting possible Ą Eliminate any eligibility requirements Ą Make reasonable modifications to their policies, practices, and procedures Ą Provide auxiliary aids, to ensure effective communication ADA Title III: Public Accommodations (Cont.) ADA Title III: Public Accommodations (Cont.) Title III requires that public accommodations remove all architectural and structural communication barriers in existing facilities where readily achievable. The 2010 ADA Standards for Accessible Design provides the guidelines for new construction or alterations. These Standards include the design requirements for building and site elements like: Ą Parking Ą Accessible routes Ą Ramps, and Elevators Definitions of Key Terms in Title II and Title III Definitions of Key Terms in Title II and Title III Reasonable Modifications Public entities must reasonably modify their rules, policies, and procedures to avoid discriminating against people with disabilities. Fundamentally Alter A fundamental alteration is a change to such a degree that the original program, service, or activity is no longer the same. Definitions of Key Terms in Title II and Title III (cont.) Definitions of Key Terms in Title II and Title III (cont.) Auxiliary Aids and Services Includes: Ą Qualified interpreters or other methods to make aurally delivered materials available to individuals with hearing impairments; Ą Qualified readers, taped texts, or other methods of making visually delivered materials available to individuals with visual impairments; Ą Acquisition or modification of equipment or devices; and Ą Other similar services and actions Polling Question #5 Polling Question #5 Which of these could be a service animal under the ADA? A Dog B Monkey and Dog C Dog and Horse D All of the above 23 Definitions of Key Terms in Title II and Title III (cont.) Definitions of Key Terms in Title II and Title III (cont.) Under the ADAAA 2008: Service Animals are defined as dogs that has been individually trained to do work or perform tasks for the benefit of an individual with a disability. Polling Question #6 Polling Question #6 Which of these could be considered a mobility device under the ADA? A Wheelchair and Scooter B Motorcycle and Segway C Wheelchair, Scooter, and Segway D All of the above Wheelchair Motorcycle Scooter Segway 25 Definitions of Key Terms in Title II and Title III (cont.) Definitions of Key Terms in Title II and Title III (cont.) Wheelchairs and Other Power-Driven Mobility Devices: Wheelchairs (and other devices designed for use by people with mobility impairments) must be permitted in all areas open to pedestrian use. Other power-driven mobility devices, which are not designed specifically for individuals with mobility impairments, must be permitted to be used unless such use would fundamentally alter its programs, services, or activities, create a direct threat, or create a safety hazard. Title IV: Telecommunications Title IV: Telecommunications Title IV requires telephone companies to provide relay services that allow individuals with hearing impairments to communicate using a TTY or other non-voice device. Relay services may be accessed by dialing 7-1-1. Title IV also requires that all television public service announcements include closed captioning. Title V: Miscellaneous Provisions Title V: Miscellaneous Provisions Title V includes a variety of things, most relevant to all of you may be the sections on: Ą Retaliation and coercion, and Ą The clarifications around illegal drug use and sexual orientation. Where to find additional information Where to find additional information There are a number of places you can go to get additional information on the ADA. The first being the Department of JusticeŐs website http://www.ada.gov/ The ADA Information Line: (800) 514-0301 (voice) or (800) 514-0383 (TTY) Job Accommodation Network (JAN) http://askjan.org/ There are also 10 Regional ADA Centers that comprise the ADA National Network which provides information, guidance, and training on the ADA. Where to find additional information Where to find additional information New England ADA Center Serves Region 1 (Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont) Institute for Human Centered Design Phone: (617) 695-0085 (V/TTY) Website: www.NewEnglandADA.org Northeast ADA Center Serves Region 2 (New Jersey, New York, Puerto Rico and the U.S. Virgin Islands) Phone: (607) 225-6686 (V/TTY) Website: www.dbtacnortheast.org Where to find additional information Where to find additional information Mid-Atlantic ADA Center Serves Region 3 (Delaware, District of Columbia, Maryland, Pennsylvania, Virginia and West Virginia) Phone: (301) 217-0124 (V/TTY) Website: www.adainfo.org Southeast ADA Center Serves Region 4 (Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina and Tennessee) Phone: (404) 541-9001 (V/TTY) Website: www.sedbtac.org Where to find additional information Where to find additional information Great Lakes ADA Center Serves Region 5 (Illinois, Indiana, Michigan, Minnesota, Ohio and Wisconsin) Phone: (312) 413-1407 (V/TTY) Website: www.adagreatlakes.org Southwest ADA Center Serves Region 6 (Arkansas, Louisiana, New Mexico, Oklahoma and Texas) Phone: (713) 520-0232 (V/TTY) Website: www.dlrp.org Where to find additional information Where to find additional information Great Plains ADA Center Serves Region 7 (Iowa, Kansas, Missouri and Nebraska) Phone: (573) 882-3600 (V/TTY) Website: www.adaproject.org Rocky Mountain ADA Center Serves Region 8 (Colorado, Montana, North Dakota, South Dakota, Utah and Wyoming) Phone (719) 444-0268 (V/TTY) Website: www.adainformation.org Where to find additional information Where to find additional information Pacific ADA Center Serves Region 9 (Arizona, California, Hawaii, Nevada and the Pacific Basin) Phone: (510) 285-5600 (V/TTY) Website: www.adapacific.org Northwest ADA Center Serves Region 10 (Alaska, Idaho, Oregon and Washington) Phone (425) 248-2480 (V) Website:www.dbtacnorthwest.org Questions Questions Does anyone have any questions before we end this call?