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Disability Civil Rights

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Title: The Americans with Disabilities Act (ADA) - Disability Civil Rights Subject: The Americans with Disabilities Act (ADA) - Disability Civil Rights – PowerPoint PPT presentation

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Title: Disability Civil Rights


1
Disability Civil Rights
  • Margaret Johnson
  • Advocacy Director
  • Disability Rights California
  • Californias protection and advocacy system

2
After this Session You will be able to .
  • Describe what disability civil rights is
  • Know the main parts of the Americans with
    Disabilities Act
  • Analyze a disability civil rights issue
  • Know where to look for more information about
    disability civil rights

3
The 5 Most Important Disability Civil
Rights Topics
  • What is Disability Civil Rights
  • Who is disabled
  • Who has to comply with disability civil rights
    laws
  • Disability Civil Rights law violations
  • Enforcing disability civil rights laws

4
The 4 Most Important How to Dos
  • Identify a disability rights civil rights issue
  • Analyze the issue
  • Decide what steps to take to resolve the issue
    take them
  • Find resources to help

5
What is Disability Civil Rights?
  • What is the definition of civil rights?
  • Examples of Disability Civil Rights Laws
  • Americans with Disabilities Act (ADA)
  • Federal Fair Housing Amendments Act
  • California Unruh Civil Rights Act
  • Air Carriers Access Act
  • Section 504 of the Rehabilitation Act

6
What is the ADA?
  • A federal civil rights law for people with
    disabilities
  • Intended to end discrimination against people
    with disabilities
  • Intended to facilitate full participation in
    society as a whole by people with disabilities

7
Who Disabled Under the ADA?
  • Someone who
  • Has a physical or mental impairment that
    substantially limits one or more major life
    activities, or
  • Has a record of such an impairment, or
  • Is regarded as having such an impairment
  • Not under California law

8
What are Examples ofMajor Life Activities?
  • Caring for oneself
  • Walking
  • Performing manual tasks
  • Seeing
  • Hearing
  • Breathing
  • Learning
  • Working

9
What Does Substantially Limits Mean?
  • Factors considered
  • Nature and severity of the impairment
  • Duration or expected duration of the
    impairmenttemporary vs. permanent
  • Permanent or long-term impact, or the expected
    permanent or long-term impact resulting from the
    impairment
  • With the passage of the ADAAA, no longer need to
    consider mitigating measures although this was
    never the law in CA

10
Hypothetical
  • Jeff needs glasses to read and do most
    activities. He loses his glasses while at a
    locked facility and wants the facility to provide
    him with a reader so he can read paperwork
    related to his conservatorship.
  • Is Jeff disabled under disability civil rights
    laws and thus entitled to the help he wants?

11
Who Has to Comply with the ADA?
  • Employment (Title I)
  • State Local Government Services (Title II)
  • Public Accommodations/Private Businesses (Title
    III)
  • Telecommunications (Title IV)

12
What Doesnt the ADA Cover?
  • Airlines
  • Housing
  • Special Education

13
Hypothetical
  • Jorge goes to a self help center shortly after
    his release from a locked facility. He has a
    limp and uses a cane. The facility does not have
    an accessible restroom.
  • Is a self help center covered by disability civil
    rights laws?

14
Title II Discrimination by State andLocal
Government
  • No qualified individual with a disability
    shall, by reason of such disability, be excluded
    from participation in or denied the benefits of
    the services, programs, or activities of a public
    entity or be subject to discrimination by such
    entity.

15
Whos a Qualified Individual?
  • Person with a disability who meets the essential
    eligibility requirements for a particular public
    service with or without
  • Reasonable modifications to rules, policies, or
    practices
  • Removal of architectural, communication, or
    transportation barriers
  • Provision of auxiliary aids and services

16
What are Examples of Title II Violations/Discrimin
ation?
  • Refusing services because of disability
  • Providing only separate, or segregated services
    to people with disabilities
  • Imposing eligibility requirements that tend to
    screen out people with disabilities
  • Refusing to make reasonable modifications
  • Refusing to provide auxiliary aids
  • Imposing surcharges
  • Failing to make services accessible to and usable
    by people with disabilities

17
What Architectural Access Requirements Apply?
  • Program access vs. specific facilities
  • Newly constructed facilities must be readily
    accessible and usable
  • Existing facilitiesonly if no other feasible
    means for achieving program access
  • Alterationsmust be made accessible to the
    maximum extent feasible
  • Maintenance of accessible features
  • Self-evaluation and transition plans

18
Enforcement of Title II
  • Resolve informally through meetings, letters,
    negotiations, formal mediation, or
  • Submit a complaint to the appropriate federal
    agency within 180 days
  • U.S. Department of Justice or designated agencies
  • U.S. Department of Transportation (public
    transit),
  • or
  • File a lawsuit within 2 years
  • Can recover attorneys fees

19
Hypothetical
  • Dori is hard of hearing. She is in a locked
    facility has an upcoming hearing on her
    conservatorship. She wants to talk to her
    lawyer, but need an amplifier on the telephone.
    She asks the facility to put one on the facility
    phone. They refuse.
  • Is there a possible violation of the ADA?

20
Title III Discrimination by Public
Accommodations
  • No individual shall be discriminated against on
    the basis of disability in the full and equal
    enjoyment of the goods, services, facilities,
    privileges, advantages, or accommodations of any
    place of public accommodation by any person or
    private entity who owns, leases (or leases to),
    or operates a place of public accommodation.

21
What are Examples of Places of Public
Accommodation?
  • Restaurants
  • Hotels
  • Theaters
  • Stadiums
  • Department Stores
  • Shopping Centers
  • Grocery Stores
  • Convenience Stores
  • Gas Stations
  • Pharmacies
  • Doctors Offices
  • Private Hospitals
  • Private Museums
  • Amusement Parks
  • Private Schools and Universities
  • Day Care Centers
  • Health Clubs

22
Examples of Title III Violations/Discrimination
  • Denying services or benefits based on disability
  • Providing only separate, or segregated, programs
    or services
  • Using eligibility criteria that tend to screen
    out people with disabilities
  • Making unnecessary inquiries about disability
  • Imposing extra charges
  • Retaliating for exercising ADA rights
  • Refusing to reasonably modify its policies,
    practices or procedures
  • Refusing to provide auxiliary aids and services

23
Access RequirementsExisting Facilities
  • Barriers must be removed where readily
    achievable
  • Examples of barriers
  • Telephones, drinking fountains, paper towel
    dispensers, etc. mounted too high
  • Deep pile carpeting
  • Unpaved ground surfaces
  • Obstructions in store aisles
  • Poor theater/stadium seating

24
Existing Facilities What if Barrier Removal
Isnt Readily Achievable?
  • Must make goods and services available through
    alternative methods, if readily achievable.
  • For example,
  • Retrieve items for customer from inaccessible
    aisles
  • Delivering items to curbside or home delivery
    from inaccessible business

25
Access RequirementsNew Construction
Alterations
  • All newly constructed places of public
    accommodation and commercial facilities must be
    readily accessible to and usable by people with
    disabilities to the extent that is is not
    structurally impracticable
  • Must be built in strict compliance with ADAAG
  • Alterations done after 1/26/92 must also meet
    ADAAG to maximum extent feasible

26
Enforcement of Title III
  • Can file a complaint with the Department of
    Justice or bring a lawsuit (within two years of
    discrimination)
  • Can get court order to stop discrimination, but
    cant get damages
  • Can recover attorneys fees
  • Statutory damages may be available under
    California law

27
Hypothetical
  • Rosa lives in a board and care home. She has a
    small dog that she says is a service animal. The
    board and care says the dog has to go.
  • What do you think?

28
Analyzing ADA Violations
  • Does the person have a disability under the ADA?
  • Is the disability known or disclosed?
  • Is the person qualified (for Title I and II)?
  • Is the entity covered?
  • Title I Private employer 15 employees
  • Title II State or local government
  • Title III Business/public accommodation

29
Analyzing ADA Violations
  • What was the disability-based discrimination?
  • What defenses might be raised? E.g.,
  • Undue financial burden
  • Undue administrative burden (Title II)
  • Fundamental alteration
  • Direct threat to health or safety
  • What approach will be used? E.g.,
  • Mediation
  • Administrative complaint (required for Title I)
  • Lawsuit

30
Analyzing ADA Violations
  • What remedies will be sought? E.g.,
  • Change in or exception to policy
  • Removal of barriers
  • Staff training
  • Other injunctive relief
  • Money
  • Etc.

31
Hypothetical
  • Sun is Deaf and needs an interpreter at meetings
    so she can understand what is happening and ask
    questions. She is in a locked facility. The
    facility refused to provide an interpreter for
    any meetings and said she would have to pay if
    she wanted one.
  • You know this is wrong. What do you do?

32
Resources
  • www.disabilityrightsca.org
  • http//www.ada.gov/
  • http//www.disabilityaccessinfo.ca.gov/lawsregs.ht
    m
  • http//ag.ca.gov/consumers/pdf/disabled.pdf

33
Questions?
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