Americans with Disabilities Act Overview of Title II

The City of Santa Rosa

What is it

Federal Law Prevents discrimination Requires accommodation Requires accessibility Sets standards

ADA

TITLE I Employment

TITLE II Public Services, Programs and activities

TITLE III Public Accommodations

History On July 26, 1990, President George H. W.

Bush signed into law the Americans with Disabilities Act (“ADA”) saying these words, “Let the shameful wall of exclusion finally come tumbling down.” One of the most important civil rights law to be enacted since the Civil Rights Act of 1964, the ADA prohibits discrimination against people with disabilities.

Requirements for Public EntitiesTitle II

General Nondiscrimination Requirements

Equally Effective Communication

Program Accessibility

Employment

General Nondiscrimination Requirement Equal Opportunity – to participate in programs and activities.

Integrated Programs – integration of people with disabilities is the goal of the law.

Methods of Administration – may not use official written policies that are discriminatory.

Reasonable Modification of Policies, Practices, and Procedures – unless to do so would fundamentally alter the nature of the service, program or activity.

Eligibility Criteria – cannot screen out people with disabilities.

Surcharges – not permissible to assess fee to offset costs of an accommodation.

Equally Effective Communications For individuals who are deaf or hard of hearing: qualified

sign-language and oral interpreters, note takers, computer-aided transcription services, written materials, telephone headset amplifiers, assistive listening systems, telephones compatible with hearing aids, open and closed captioning, videotext displays, and TTYs (teletypewriters).

For individuals with who are blind or have low vision: qualified readers, taped texts, Braille materials, large print materials, materials in electronic format on compact discs or in emails, and audio recordings.

For individuals with speech impairments: TTYs, computer stations, speech synthesizers, and communications boards.

Program AccessibilityBefore January 26, 1992 - Referred to as “pre-ADA”

An entity may remove the barrier using the ADA Standards for Accessible Design or UFAS as a guide,

or choose to make the program, service, or activity located in the building accessible by providing “program access.”

Program access allows you to move the program to an accessible location, or use some way other than making all architectural changes to make the program, service, or activity readily accessible to and usable by individuals with disabilities.

Program Accessibility After January 26, 1992

Must be “readily accessible to and usable by” persons with disabilities.

For ADA compliance purposes, any facility where construction commenced after January 26, 1992 is considered “new,” “newly constructed,” or “post-ADA.”

“Readily accessible to and usable by” means that the new or altered building must be built in strict compliance with either the ADA Standards for Accessible Design or UFAS (Uniform Federal Accessibility Standards).

Program Accessibility

Fundamental Alteration and Undue Burdens – A public entity is not required to take any action that will result in a fundamental alteration to the program, service or activity or create undue administrative or financial burden.

Historic Preservation – Buildings under the National Register of Historic Places are not required to take any action that would threaten or destroy the historic significance of the property.

Employment

Title II prohibits all public entities, regardless of the number of employees, from discriminating against qualified individuals with disabilities in employment.

What is covered?

Basic mandate is that an employer cannot discriminate against an employee on the basis of disability in any aspect of the employment relationship.

Including application process, testing, interviewing, hiring, assignments, evaluation, discipline, medical examinations, compensation, promotion, training, layoff, recall, termination, leave, and benefits such as health insurance.

Qualified Individual with a Disability

A person who has the skills experience and education for the job,

Can perform the essential functions of the job with or without reasonable accommodation.

Essential Functions of the Job

Fundamental elements of the job. Does not include the marginal functions of

the position. Essential:

Whether the reason the position exists is to perform the function

Whether a limited employees are able to perform the job function

Degree of specialization required to perform the task.

Evidence for Essential

Written job description before advertising or interviewing.

Terms of collective bargaining agreement. Percentage of time spent performing the function. Work experience of past employees Work experience of current employees Consequences of not requiring that function to be

performed Employer’s judgment

Reasonable Accommodation

Employer’s responsibility

Types

Part-time or modified schedules

Job restructuring

Job reassignment

Provision of auxiliary aids and services

Modifications to a job or work site

Undue Hardship

Nature and cost of the accommodation. Overall financial resources of the facility, number of

employees, effect on expenses and resources. Type of operation including composition, structure,

function of work force, geographic separateness and administrative or fiscal interrelationships.

Impact of the accommodation on business operations.

City Accomplishments

Program Accessibility Effective Curb Ramp Program General attitude of respect for diversity and

attempt to accommodate

Community Committee Community Groups

Becoming Independent Disability Services & Legal Center Earle Baum Center of the Blind Community Housing Development Corp Council on Aging

City Reps ADA Coordinator – Mardell Morrison City Attorney – Caroline Fowler Risk Manager – Lynne Margolies

• Members of the Public

Internal Committee

Liaison from each department Need to know their department’s issues Trained in ADA policy Train others in the department Know where to find things, how to get them done

City Website

For the public - internet General information on City ADA related Policies Links to other useful sites Who to complain to Where to make requests

Internally – intra net TOOLKIT

List of resources List of equipment Links to Web Based Information

More Information?

ADA Website ada.gov Equal Employment Opportunity Commission eeo.gov Public Transportation (DOT) fta.dot.gov US Access Board access-board.gov Parks and Recreation-Department of Interior doi.gov Links to Federal web sites and other web sites with disability-

related information disability.gov