ADA

1. ADA Americans with Disabilities Act

2. ADA OVERVIEW • For an overview of the ADA, just click here to get to the homepage: • http://www.ada.gov

3. FULL TEXT OF THE ADA • AMERICANS WITH DISABILITIES ACT of 1990 • To view the full text, go to: • http://www.ada.gov/pubs/ada.txt

4. QUESTIONS AND ANSWERS • For a review of frequently asked questions and answers, just click here: • http://www.ada.gov/publicat.htm#Anchor-ADA-44867 • Following this overview is a powerpoint presentation developed by Margaret Jacobson for training purposes.

5. The Americans with Disabilities Act(ADA) • Margaret Jakobson, Managing Attorney • San Diego Regional Office • Protection & Advocacy, Inc. (PAI)

6. What is the ADA? • Civil rights law for people with disabilities • Federal statute - 42 USC § 12101 and following • Regulations • Guidelines (ADAAG) • Technical assistance manuals • Judicial decisions

7. What Does the ADA Cover? • Employment • State & Local Government Services • Public Accommodations • Relay Services

8. What is NOT Covered by the ADA • Airlines • Housing • Special Education

9. What is Required for the ADA to Apply to a Situation? • The individual must be a person with a disability • The individual’s disability must be known • The individual must be qualified in some situations • The program/business/entity involved must be one covered by the ADA • There must be discrimination that is prohibited by the ADA • There is no permitted excuse for the discrimination

10. Disabled Under the ADA • Physical or mental impairment that substantially limits one or more major life activities, or • Record of such an impairment, or • Regarded as having such an impairment

11. Knowledge of Disability & Qualified • In order to be covered by the ADA, your disability must be known • Under Title I and II, you must be a qualified person with a disability

12. Covered Entity • State or local government under Title II • Private entities that operate public accommodations (private businesses) under Title III • Private employer with 15 or more employees under Title I

13. Discrimination in Employment • Denial in hiring/promotion or other employment privileges • Fired because of a disability • Denial of reasonable accommodation

14. Discrimination by State & Local Services • Refuse services • Segregated services • Eligibility criteria that screens out PWDs • Refuse to make reasonable modifications • Refuse to furnish auxiliary aids • Cannot charge more • Program access • Architectural access denied (new and altered buildings) • Inadequate transition plan and/or self evaluation plan

15. Discrimination by Public Accommodations • Refuse services • Segregated services • Eligibility criteria that screens out PWDs • Refuse to make reasonable modifications • Refuse to provide auxiliary aids • Architectural access denied (new, altered and existing buildings)

16. Defenses to Discrimination • Undue financial burden • Undue administrative burden (Title II only) • Fundamental alteration in nature of service • Direct threat to health and safety

17. Remedies • Informal - Letter/Telephone Call/Meeting • Mediation • Administrative complaint • Court lawsuit

18. ADA Resources • US Department of Justice www.usdoj.gov • Federal Transit Administration www.fta.dot.gov • Equal Employment Opportunity Commission www.eeoc.gov • US Architecture & Transportation Barriers Compliance Board www.access-board.gov • PAI www.pai-ca.org • Disability & Business Technical Assistance Centers www.adata.org