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ADA Info

The Americans with Disabilities Act was signed into law in 1990 and 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. The ADA is divided into five titles:

Title One: Employment

Business must provide reasonable accommodations to protect the rights of individuals with disabilitiesin all aspects of employment.  Possible changes may include restructuring jobs, altering the layout of workstations, or modifying equipment.  Employment aspects may include the application process, hiring, wages, benefits and all other aspects of the employment.  Medical examinations are highly regulated.

Title Two: Public Services

Public services, which include state and local government instrumentalities, the National Railroad Passenger Corporation, and other commuter authorities, cannot deny services to people with disabilities participation in programs or activities which are available to people without disabilities.  In addition, public transportation systems, such as public transit buses, must be accessible to individuals with disabilities.

Title Three: Public Accommodations

All new construction and modifications must be accessible to individuals with disabilities.  For existing facilities, barriers to services must be removed if readily achievable.  Public accommodations include facilities such as restaurants, hotels, grocery stores, retail stores, etc., as well as privately owned transportation systems.

Title Four: Telecommunications

Telecommunication companies offering telephone service to the general public must have telephone relay service to individuals who use telecommunication devices for the Deaf (TTYs) or similar devices.

Title Five: Miscellaneous

Includes a provision prohibiting either a) coercing or threatening or b) retaliating against the disabled or those attempting to aid people with disabilities in asserting their rights under the ADA.

Information courtesy of the Department of Justice.

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The ADA

The Americans with Disabilities Act  (ADA) is a Federal civil rights law that prohibits discrimination against people with disabilities and opens doors for full participation in all aspects of everyday life.  The  ADA was signed into law in 1990.  It gives civil rights protection to individuals with disabilities  similar to rights on the basis of race, color, sex, national origin, age, and religion.  The ADA guarantees equal opportunity for individuals with disabilities in employment, state and local government/ transportation services, public accommodations, and telecommunications. The ADA is divided into five titles:

Title One: Employment

Business must provide reasonable accommodations to protect the rights of individuals with disabilities in all aspects of employment.  Possible changes may include restructuring jobs, altering the layout of workstations, or modifying equipment.  Employment aspects may include the application process, hiring, wages, benefits and all other aspects of the employment.  Medical examinations are highly regulated.

Title Two: Public Services

Public services, which include state and local government instrumentalities, the National Railroad Passenger Corporation, and other commuter authorities, cannot deny services to people with disabilities participation in programs or activities which are available to people without disabilities.  In addition, public transportation systems, such as public transit buses, must be accessible to individuals with disabilities.

Title Three: Public Accommodations

All new construction and modifications must be accessible to individuals with disabilities.  For existing facilities, barriers to services must be removed if readily achievable.  Public accommodations include facilities such as restaurants, hotels, grocery stores, retail stores, etc., as well as privately owned transportation systems.

Title Four: Telecommunications

Telecommunication companies offering telephone service to the general public must have telephone relay service to individuals who use telecommunication devices for the Deaf (TTYs) or similar devices.

Title Five: Miscellaneous

Includes a provision prohibiting either a) coercing or threatening or b) retaliating against the disabled or those attempting to aid people with disabilities in asserting their rights under the ADA.

                                                         Information courtesy of the Department of Justice.

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12 categories

Public Accommodations

Public Accommodations and Commercial Facilities (Title III)

Title III prohibits discrimination on the basis of disability in the activities of places of public accommodations (businesses that are generally open to the public and that fall into one of 12 categories listed below) and requires newly constructed or altered places of public accommodation—as well as commercial facilities (privately owned, nonresidential facilities such as factories, warehouses, or office buildings)—to comply with the ADA Standards.

  • Places of lodging (e.g. inns, hotels, motels, except for owner-occupied establishments renting fewer than six rooms)
  • Establishments serving food or drink (e.g. restaurants and bars)
  • Places of exhibition or entertainment (e.g. motion picture houses, theaters, concert halls, stadiums)
  • Places of public gathering (e.g. auditoriums, convention centers, lecture halls)
  • Sales or rental establishments (e.g. bakeries, grocery stores, hardware stores, shopping centers)
  • Service establishments (e.g. laundromats, dry-cleaners, banks, barber shops, beauty shops, travel services, shoe repair services, funeral parlors, gas stations, offices of accountants or lawyers, pharmacies, insurance offices, professional offices of health care providers, hospitals)
  • Public transportation terminals, depots, or stations (not including facilities relating to air transportation)
  • Places of public display or collection (e.g. museums, libraries, galleries)
  • Places of recreation (e.g. parks, zoos, amusement parks)
  • Places of education (e.g. nursery schools, elementary, secondary, undergraduate, or postgraduate private schools)
  • Social service center establishments (e.g. day care centers, senior citizen centers, homeless shelters, food banks, adoption agencies)
  • Places of exercise or recreation (e.g. gymnasiums, health spas, bowling alleys, golf courses)

 

Safe Harbor

Element-by-Element Safe Harbor. The rule includes a general "safe harbor" under which elements in covered facilities that were built or altered in compliance with the 1991 Standards would not be required to be brought into compliance with the 2010 Standards until the elements were subject to a planned alteration. A similar safe harbor applies to elements associated with the "path of travel" to an altered area.

An example:  the 1991 Standards allow a 54 inch maximum for the side reach range to a paper towel dispenser lever.  The 2010 Standards state the side reach range is 48 inches maximum.  If the dispenser was installed prior to the 2012 ADA update,it does not need to be lowered.  

with the highest operating part at 54 inches, the paper towel dispenser does not need to be lowered to 48 inches. Since the dispenser complies with the 1991 Standards, that Standard provides a "safe harbor."

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2010 Standards

Title III regulations of the ADA include the Standards for Accessible Design (1991 Standards).  These standards include all requirements for making businesses, facilities, etc. accessible for persons with disabilities.  On September 15, 2010, Titles II and III of the ADA were revised and new accessibility standards were adopted.  The 2010 Standards for Accessible Design (2010 Standards) include new regulations for construction, alterations, program accessibility, and barrier removal.  Under the 2010 Standards, all new construction or alterations after March 15, 2012 must comply with the 2010 Standards.

https://www.ada.gov/regs2010/2010ADAStandards/2010ADAstandards.htm

 

 

The Americans with Disabilities Act