Americans with Disabilities Act
The Americans with Disabilities Act (ADA) is the civil rights legislation for individuals with disabilities “clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities”. It was signed into law on July 26, 1990 and was fully enforceable by 1994.
Barriers to employment, transportation, public accommodations, public services, and telecommunications have imposed staggering economic and social costs on American society and have undermined our well-intentioned efforts to educate, rehabilitate, and employ individuals with disabilities. By breaking down these barriers, the ADA will enable society to benefit from the skills and talents of individuals with disabilities, will allow us all to gain from their increased purchasing power and ability to use it, and will lead to fuller, more productive lives for all Americans.
The Americans with Disabilities Act gives civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. It guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, State and local government services, and telecommunications.
In essence, if you are not compliant with any part of this Act, you are breaking federal law. However, many people don’t understand the law and are not certain where to turn to get free advice. While you can always go to the national website (www.ada.gov), we wanted to provide you with quick access. The handouts provide you with information specific to employment (Title I), local and state governance (Title II), accessibility in the public sector (Title III), and telecommunications for individuals with sensory disabilities (Title IV). Title V addresses other aspects in general.
ADA Q&A's
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Does the ADA apply to State and local governments?
Title II of the ADA prohibits discrimination against qualified individuals with disabilities in all programs, activities, and services of public entities. It applies to all State and local governments, their departments and agencies, and any other instrumentalities or special purpose districts of State or local governments. It clarifies the requirements of section 504 of the Rehabilitation Act of 1973 for public transportation systems that receive Federal financial assistance, and extends coverage to all public entities that provide public transportation, whether or not they receive Federal financial assistance. It establishes detailed standards for the operation of public transit systems, including commuter and intercity rail (AMTRAK).
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No. At present, telephone emergency services must only be compatible with the Bardot format. Until it can be technically proven that communications in another format can operate in a reliable and compatible manner in a given telephone emergency environment, a public entity would not be required to provide direct access to computer modems using formats other than Bardot.
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What changes must a public entity make to its existing facilities to make them accessible?
A public entity must ensure that individuals with disabilities are not excluded from services, programs, and activities because existing buildings are inaccessible. A State or local government's programs, when viewed in their entirety, must be readily accessible to and usable by individuals with disabilities. This standard, known as "program accessibility," applies to facilities of a public entity that existed on January 26, 1992. Public entities do not necessarily have to make each of their existing facilities accessible. They may provide program accessibility by a number of methods including alteration of existing facilities, acquisition or construction of additional facilities, relocation of a service or program to an accessible facility, or provision of services at alternate accessible sites.
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Appropriate auxiliary aids and services may include services and devices such as qualified interpreters, assistive listening devices, note takers, and written materials for individuals with hearing impairments; and qualified readers, taped texts, and Brailed or large print materials for individuals with vision impairments.
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What requirements apply to a public entity's emergency telephone services, such as 911?
State and local agencies that provide emergency telephone services must provide "direct access" to individuals who rely on a TDD or computer modem for telephone communication. Telephone access through a third party or through a relay service does not satisfy the requirement for direct access. Where a public entity provides 911 telephone service, it may not substitute a separate seven-digit telephone line as the sole means for access to 911 services by nonvoice users. A public entity may, however, provide a separate seven-digit line for the exclusive use of nonvoice callers in addition to providing direct access for such calls to its 911 line.
General ADA Information
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U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, NW
Disability Rights Section - NYAV
Washington, DC 20530
http://www.justice.gov/crt/about/drs/U.S. Equal Employment Opportunity Commission
1801 L Street, NW
Washington, DC 20507
http://www.eeoc.gov/U.S. Department of Transportation
Federal Transit Administration
400 Seventh Street, SW
Washington, DC 20590
http://www.fta.dot.gov/Federal Communications Commission
1919 M Street, NW
Washington, DC 20554
http://www.fcc.gov/Architectural and Transportation Barriers Compliance Board
1331 F Street, NW Suite 1000
Washington, DC 20004-1111
http://www.access-board.gov/ -
Telephone Numbers for ADA Info
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.
ADA Information Line - U.S. Department of Justice
For ADA publications and questions
800-514-0301 (voice)
800-514-0383 (TTY)
www.ada.govU.S. Equal Employment Opportunity Commission
For publications
800-669-3362 (voice)
800-800-3302 (TTY) For questionsFor questions
800-669-4000 (voice)
800-669-6820 (TTY)
www.eeoc.govU.S. Department of Transportation
ADA Assistance Line for regulations and complaints
888-446-4511 (voice)
TTY: use relay service
www.fta.dot.gov/civilrights/civil_rights_2360.htmlFederal Communications Commission
888-225-5322 (voice)
888-835-5322 (TTY)
www.fcc.gov/cgb/droU.S. Architectural and Transportation Barriers Compliance Board
800-872-2253 (voice)
800-993-2822 (TTY)
www.access-board.govU.S. Department of Labor
Job Accommodation Network
800-526-7234 (voice & TTY)
www.jan.wvu.eduU.S. Department of Education
Regional Disability and Business Technical Assistance Centers
800-949-4232 (voice & TTY)
www.adata.orgU.S. Department of Transportation
Project Action
800-659-6428 (voice)
TTY: use relay service
www.projectaction.org
Title II - Public Services
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ADA Best Practices Toolkit for State and Local Governments
Download/ViewThe Tool Kit is designed to teach state and local government officials how to identify and fix problems that prevent people with disabilities from gaining equal access to state and local government programs, services, and activities. It will also teach state and local officials how to conduct accessibility surveys of their buildings and facilities to identify and remove architectural barriers to access.
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ADA Coordinator, Notice & Grievance Procedure: Administrative Requirements
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ADA Information for Law Enforcement
Download/ViewHow do you interview a witness who is deaf? How do you assist a person who is having a seizure? How do you transport a suspect who uses a wheelchair? Under the Americans with Disabilities Act (ADA), people who have disabilities are entitled to the same services law enforcement provides to anyone else. They may not be excluded or segregated from services, be denied services, or otherwise be treated differently than other people. The following compliance assistance materials will help state and local law enforcement officers understand how to interact with victims, witnesses, suspects, and others who have disabilities.
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Becoming a Professional Associate of the National Association of ADA Coordinators
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Guide for Fire/EMS- Communicating with People Who Are Deaf & Hard-of-Hearing
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Download/View
The following settlement agreements resolve cases that are part of the Department's Project Civic Access, a wide-ranging effort to ensure that counties, cities, towns, and villages comply with the ADA by eliminating physical and communication barriers that prevent people with disabilities from participating fully in community life.