ADA Legislation

SEPTEMBER 11, 2001

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The Americans with Disabilities Act has had a significant impact on vocational settings by opening them up to individuals with disabilities.  The purpose of the ADA was to extend civil rights to persons with disabilities.  The law prohibits discrimination on the basis of disability in the private sector and in state and local governments, public accommodations and services including transportation, provided by public and private entities.  it also includes provisions for telecommunications relay services.

"The bill addresses four main areas:

Employment

Employers may not discriminate against persons with disabilities in hiring or promotion of the individuals is otherwise qualified for the job
Employers can ask about one's ability to perform a job, but cannot inquire if someone has a disability or subject a person to tests that tend to screen out people with disabilities which are not job related
Employers must make 'reasonable accommodations' for workers with disabilities, including job restructuring and modification of equipment.  Employers do not need to provide accommodations that impose an 'undue hardship on business operations'

Public Facilities

Private businesses such as restaurants, hotels, theaters and stores must not discriminate against individuals with disabilities
Auxiliary aids and services must be provided to individuals with vision or hearing impairments or other individuals with disabilities, unless an undue burden would result
Physical barriers in existing facilities must be removed, if removal is readily achievable.  If not, alternative methods of providing the services must be offered, if they are readily achievable
All new construction and alterations of facilities must be accessible

Transportation

New public buses and rail cars ordered after August 26, 1990, must be accessible to persons in wheelchairs
At lease one rail car per train must be accessible to wheelchairs
Transit authorities must provide comparable paratransit of other special transportation services to individuals with disabilities who cannot use fixed route bus services, unless an undue burden would result
New bus and train stations must be accessible
Key stations in rapid, light, and commuter rail systems must be made accessible by July 26, 1993
All existing Amtrak stations must be accessible by July 26, 2010

Communication

Companies offering telephone service to the general public offer telephone relay services to individuals who use telecommunication devices for the deaf (TDD) or similar devices.

ADA covers state and local governments

State and local governments man not discriminate against qualified individuals with disabilities
All government facilities, services and communications must be accessible consistent with the requirements of Section 504 of the Rehabilitation Act of 1973
Public entities, including schools, must make reasonable modifications to its policies, practices, or procedures to avoid discrimination, unless such a modification would fundamentally alter the nature of its services, program, or activity would create undue financial or administrative burdens
Alterations to existing facilities will be required if the modification is 'readily achievable.'  If physical modification is not readily achievable, then an alternative accommodation must be found.  some examples of facility modification are: van accessible parking, elevated walkways, lowered drinking fountains, adjusted shelves and storage areas, volume controls on telephones, installation of bathroom stalls, and replacement of carpeting
Title II of ADA is modeled after those rights and privileges existing under Section 504
Individuals with disabilities enrolled in public schools may not be discriminated against in participating in school functions (such as field trips, recreational offerings or athletic events)
Private schools are expected to provide reasonable accommodations and equal treatment for individuals with disabilities

(Excerpt from:  Matrix Guide, published by Matrix, Parent Network and Resource Center)

For more information, check out this website!

Rocky Mountain ADA Technical Assistance Center

 

 

You can email Dr. McNair at jmcnair@calbaptist.edu

Copyright Jeff McNair/jeffmcnair.com