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ADA Lite / Disability Awareness and Diversity

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ADA Lite / Disability Awareness and Diversity Graham L. Sisson, Jr. Executive Director General Counsel Governor s Office on Disability Deputy General Counsel – PowerPoint PPT presentation

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Title: ADA Lite / Disability Awareness and Diversity


1
ADA Lite / Disability Awareness and Diversity
  • Graham L. Sisson, Jr.
  • Executive Director
  • General Counsel
  • Governors Office on Disability
  • Deputy General Counsel
  • Dept. of Rehabilitation Services
  • State ADA Coordinator
  • Adjunct Professor

2
Contact Information
  • 800-205-9986 ADA Hotline
  • 205-290-4540 Bham Office
  • 334-293-7189 Montgy Office
  • Graham.sisson_at_rehab.alabama.gov
  • Graham.sisson_at_good.alabama.gov

3
  • All information provided is non-binding
  • Ultra-Readers Digest Version
  • ADA Update Basics
  • Disability as part of Diversity

4
My Personal Experience
  • Injured in 1982 motor vehicle collision with
    drunk driver
  • Paralyzed from waist down and suffered a closed
    head injury
  • Attended college and law school using a
    wheelchair
  • Suffered some employment discrimination
  • Have experienced public perception of PWD
  • 5 dollar episode
  • Restaurant example
  • Decreased expectations
  • Want to live American dream

5
Disability Specific Laws
  • Americans With Disabilities Act (ADA)
  • ADA Amendments Act of 2008
  • Rehabilitation Act of 1973 , Section 504
  • Individuals With Disabilities Education Act
    (IDEA)
  • Fair Housing Act, as amended in 1988 (FHA)
  • Air Carriers Access Act of 1986

6
ADA OVERVIEW
  • MAINSTREAMING
  • EQUAL OPPORTUNITY
  • ACCESS
  • CIVIL RIGHTS

7
Five Titles of the ADA
  • Title I Employment
  • Title II Public Entities
  • Title III Public Accommodations (private
    businesses)
  • Title IV Telecommunications
  • Title V Miscellaneous

8
Definition of Disability
  • Physical or mental impairment that substantially
    limits a major life activity or
  • Record of impairment or
  • Being regarded as having an impairment

9
U.S. Supreme Court Decisions Impact
  • Sutton trilogy
  • Three decisions that mandate consideration of
    corrective or mitigating measures when
    determining substantial limitation
  • Sutton eyeglasses
  • Murphy high blood pressure medication
  • Kirkingburg behavior modification for monocular
    vision
  • Toyota v. Williams
  • To be an ADA disability must substantially limit
    activities of central importance in life

10
ADA Amendments Act (ADAAA) of 2008
  • Became law on September 25, 2008.
  • 90 to 95 of ADAAA concerns the definition of
    disability
  • Reverses Sutton and Toyota decisions
  • Also clarifies that covered entities under the
    ADA do not have to accommodate those regarded as
    having a disability.
  • It became effective on January 1, 2009.
  • Shifts emphasis from whether or not there is a
    disability to whether there has been
    discrimination.
  • New EEOC draft regulations, possibly will be
    retroactive to January 1, 2009.

11
Major life activities
  • The ADA Amendments Act has the following
    non-exclusive list
  • Caring for oneself
  • Performing manual tasks Learning
    Breathing
  • Reading Seeing
  • Hearing Speaking
  • Eating Concentrating
  • Sleeping Thinking
  • Walking Communicating
  • Standing Working
  • Lifting Bending

12
Major Bodily Functions
  • ADAAA Also defines major life activities to
    include major bodily functions like
  • Immune system
  • Normal cell growth
  • Digestive
  • Bowel
  • Bladder
  • Neurological
  • Brain
  • Respiratory
  • Circulatory
  • Endocrine
  • Reproductive

13
Exclusions
  • Regarded As Disability does not include
    impairments that are transitory or minor.
  • Transitory means an impairment with an actual or
    expected duration of 6 months or less.
  • Can consider corrective measures of eyeglasses or
    contact lenses
  • Episodic conditions or those in remission are
    covered if there is a substantial limitation when
    active.

14
Do Not Be Afraid of Workplace Accommodation
  • According to a survey between January 2004 and
    December 2006 by the University of Iowa Law ,
    Health Policy, and Disability Center in
    partnership with JAN
  • Of the employers who gave cost information
    related to accommodations they had provided, 167
    out of 366 (46) said the accommodations needed
    by employees and job applicants with disabilities
    cost absolutely nothing. Another 165 (45)
    experienced a one-time cost. Only 25 (7) said
    the accommodation resulted in an ongoing, annual
    cost to the company and 9 (2) said the
    accommodation required a combination of one-time
    and annual costs however, too few of these
    employers provided cost data to report with
    accuracy. Of those accommodations that did have a
    cost, the typical one-time expenditure by
    employers was 500. When asked how much they
    paid for an accommodation beyond what they would
    have paid for an employee without a disability
    who was in the same position, employers typically
    answered around 300

15
Reverse Discrimination
  • The ADAAA clarifies that there is no reverse
    discrimination based on disability.

16
Hostile Work Environment
  • Disability Harassment

17
Disability as Diversity
  • Equal part of diversity
  • Persons with disabilities have a separate culture
  • Largest minority in U.S.
  • 58 PWD in U.S.
  • Over 945,000 in Alabama

18
New ADAAG
  • Compliance with the 2010 Standards for Accessible
    Design is permitted after that date, but not
    required until 18 months after the date of
    publication (September 15, 2010).
  • Covered entities are given the choice of
    following the new standards or original
    standards (ADAAG 1991) during the first 18 months
    after September 15, 2010 for new construction or
    substantial renovation.
  • After 18 months, use of the 2010 standards will
    become mandatory (March 15, 2012).
  • Safe Harbor Elements in covered facilities built
    or altered in compliance with 2010 standards are
    not required to be brought into compliance with
    the 2010 standards until such elements were
    subject to a planned alteration.

19
2010 ADA Standards for Accessible Design
  • Changes to the 1991 Standards
  • The 2010 ADA Standards for Accessible Design
    contain more than incremental changes.

20
Reach Ranges
  • Reach Range Requirements (Section 308)
  • The reach range requirements have been changed to
    provide that the side reach range must now be no
    higher than 48 inches (instead of 54 inches) and
    no lower than 15 inches (instead of 9 inches).
  • The side reach requirements apply to operable
    parts on accessible elements, to elements located
    on accessible routes, and to elements in
    accessible rooms and spaces.

21
Toilets/Water Closets
  • Water Closet Clearances in Single User Toilet
    Rooms (Sections 603, 604)
  • In single-user toilet rooms, the water closet now
    must provide clearance for both a forward and a
    parallel approach
  • and, in most situations, the lavatory cannot
    overlap the water closet clearance.
  • The in-swinging doors of single use toilet or
    bathing rooms may swing into the clearance around
    any fixture if clear floor space is provided
    within the toilet room beyond the doors arc.

22
Other Changes
  • Assembly area requirements (Sections 221, 802)
  • Location of Accessible Routes to Stages (Section
    206)
  • Transient Lodging Guest Rooms (Sections 224, 806)
  • Common Use Circulation Paths in Employee Work
    Areas (Sections 203.9, 206.2.8)
  • Still others

23
New Title II and III Regulations
  • In general, these final rules will take effect 6
    months (March 15, 2011) after the date on which
    they are published in the Federal Register.
    (September 15, 2010).
  • Same safe harbor as ADAAG

24
New Title II and III Regs.
  • Definition of service animal basically includes
    only dogs with limited exceptions.
  • Dogs used only for emotional support are not
    service animals.
  • The final rule also clarifies that individuals
    with mental disabilities who use service animals
    that are trained to perform a specific task are
    protected by the ADA.
  • The rule permits the use of trained miniature
    horses as alternatives to dogs, subject to
    certain limitations. To allow flexibility in
    situations where using a horse would not be
    appropriate, the final rule does not include
    miniature horses in the definition of "service
    animal."
  • Wheelchairs and other power-driven mobility
    devices must be allowed in all areas open to
    pedestrian use.
  • Includes VRI (Video Remote Interpreting) as a
    kind of auxiliary aid to provide effective
    communication.

25
New Regs.
  • Ticketing. The rule provides guidance on the sale
    of tickets for accessible seating, the sale of
    season tickets, the hold and release of
    accessible seating to persons other that those
    who need accessible seating, ticket pricing,
    prevention of the fraudulent purchase of
    accessible seating, and the ability to purchase
    multiple tickets when buying accessible seating.
  • It requires a venue operator to accommodate an
    individual with a disability who acquired
    inaccessible seating on the secondary ticket
    market only when there is unsold accessible
    seating for that event.

26
Residential Housing
  • Residential housing programs provided by title II
    entities are covered by the ADA.
  • For the first time, however, the final rule
    establishes design requirements for residential
    dwelling units built by or on behalf of public
    entities with the intent that the finished units
    will be sold to individual owners.
  • These design requirements are set forth in the
    2010 Standards.

27
Title III New Regs. Highlights
  • Ticketing, Service Animals, mobility devices, and
    VRI same new rules as Title II.

28
New Title III Regs.
  • Reservations Made by Places of Lodging. The rule
    establishes requirements for reservations made by
    places of lodging, including
  • procedures that will allow individuals with
    disabilities to make reservations for accessible
    guest rooms during the same hours and in the same
    manner as other guests,
  • and requirements that will require places of
    lodging
  • to identify and describe accessible features of a
    guest room,
  • to hold back the accessible guest rooms for
    people with disabilities until all other guest
    rooms of that type have been rented,
  • and to ensure that a reserved accessible guest
    room is removed from all reservations systems so
    that it is not inadvertently released to someone
    other than the person who reserved the accessible
    room.
  • The final rule limits the obligations of
    third-party reservation operators that do not
    themselves own and operate places of lodging.
  • In addition, to allow the hospitality industry
    appropriate time to change reservation systems,
    the final rule gives places of lodging 18 months
    from the date of publication to come into
    compliance with these requirements.

29
Timeshares/Condos/New Title III Regs.
  • Timeshares, Condominium Hotels, and Other Places
    of Lodging The rule provides that timeshare and
    condominium properties that operate like hotels
    are subject to title III, providing guidance
    about the factors that must be present for a
    facility that is not an inn, motel, or hotel to
    qualify as a place of lodging.
  • The final rule limits obligations for units that
    are not owned or substantially controlled by the
    public accommodation that operates the place of
    lodging.
  • Such units are not subject to reservation
    requirements relating to the "holding back" of
    accessible units.
  • They are also not subject to barrier removal and
    alterations requirements if the physical features
    of the guest room interiors are controlled by
    their individual owners rather than by a third
    party operator.

30
Disability Awareness
  • Disability Etiquette
  • Make eye contact
  • Speak to person with a disability directly
  • Never ask someone associated with a PWD what that
    person needs or wants
  • Do not be afraid- PWD are people first

31
Offering Assistance
  • Before helping a PWD, ask him or her
  • Do not be upset if someone refuses help
  • Ask the person how they prefer to be helped as he
    or she knows best

32
  • "The beginning of wisdom is to call things by
    their right names."
  • Old Chinese Proverb
  • "The difference between the right word and the
    almost right word is the difference between
    lightning and the lightning bug."
  • Mark Twain

33
Why Care About Disability?
  • Disability does not demean or lessen a person's
    self worth or his or her ability to contribute to
    society.
  • Disability is a natural part of the human
    experience. If you help people with
    disabilities, you will be helping yourself one
    day or a family member or a friend. Anyone can
    acquire a disability in a split second. (TAB)
  • Disability is an equal part of diversity as race
    or sex or national origin except that is crosses
    all social strata.

34
People First Language
  • Always refer to the person first
  • Example person with a disability, not
    disabled person
  • Do not use handicapped person
  • Handicap has origins that make it synonymous
    with beggar.
  • Others words to avoid cripple, invalid,
    wheelchair bound, confined to a wheelchair etc.
  • More words to avoid differently abled,
    challenged, able bodied, special, gimp or
    gimpy, afflicted, suffering from,
    intellectually disabled...

35
Language
  • Caveat do not avoid speaking to someone with a
    disability out of fear of saying the wrong thing.
  • Example Ok to say to a person with a visual
    impairment see you later.
  • Many PWD have a sense of humor.
  • Do not allow a negative experience with one PWD
    to cloud attitude toward other PWD

36
Myths
  • All PWD meet in a convention each year or know
    each other
  • PWD cannot work
  • Disability is contagious
  • PWD are superheroes or inspirational.
  • PWD can live off the government
  • PWD are "victims"
  • PWD have everything paid for them
  • PWD are few in number

37
TRUTH
  • Disability is a natural part of the human
    experience
  • There are approximately 54 million PWD
  • In Alabama there are approximately 945,000 PWD
  • PWD want to be fully contributing members of
    society
  • PWD want what everyone else does family, job,
    transportation, happiness, etc.

38
TRUTH
  • People with disabilities can work.
  • Do not be afraid to include them in your
    workforce.
  • Education and assistive technology are 2 great
    equalizers that enable individuals with
    disabilities to be successful on the job.

39
Thank you
  • ANY QUESTIONS?
  • THE END!
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