Individual Rights and the ADA
Tennessee Department of Intellectual and Developmental
Disabilities Americans with Disabilities Act (ADA) Breaking
Barriers, Opening Doors
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Click the speaker to play audioThen click i> to play the
recordingThis document contains general information for educational
purposes only and should not be construed as legal advice. It is
not intended to be a comprehensive statement of the law and may not
reflect recent legal developments. If you have specific questions
concerning any matters contained in this document or need legal
advice, we encourage you to consult with an attorney. Tennessee
Department of Intellectual and Developmental Disabilities
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course ObjectivesThis course is designed to provide you with the
basic principles and core concepts of Title II of the Americans
with Disabilities Act of 1990 (ADA). Upon completion of this
course, you will be able to:
Define Disability. Define the Term Person with a
Disability.Identify Two Federal Laws that Protect the Civil Rights
of People with Disabilities.Discuss the Purpose of the ADA.Identify
the Five Titles of the ADA.Define Prohibited Requirements of the
ADA.Provide Examples of Prohibited Practices Under ADA. Discuss ADA
Specific Requirements.Identify Strategies for Breaking Barriers and
Opening Doors for Individuals Receiving DIDD Services. 3
Definition of Disability
Disability is a complex phenomenon reflecting an interaction
between features of a persons body and features of the society in
which he or she lives. Disability is defined as the condition of
being unable to perform a task or function because of an impairment
that may be physical, cognitive, mental, sensory, or emotional. A
disability may be present from birth or occur during a persons
lifetime. Lets look at how the law defines a person with
disability. 4
4Person with a disability A broad overall programmatic federal
definition of disability is contained in Federal civil rights
legislation. A person with a disability must meet one of the
following three (3) tests. Someone who:
has a permanent physical and/or mental impairment that
substantially limits one or more major life activity.. ( continue
for more )
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Person with a disability (continued)has a record of having had
such an impairmentor is regarded as having such an impairmentor who
is perceived by others as having such an impairment.
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6Person with Disabilities DATA In 2011, the overall percentage
(prevalence rate) of people with a disability of all ages in the
U.S. was 12.1 percent.
In other words, in 2011, 37,326,100 of the 307,593,600
individuals of all ages in the US reported one or more
disability.
In the US in 2011, among the six types of disabilities
identified in the American Community Survey, the highest prevalence
rate was for "Ambulatory Disability = 6.9 percent. The lowest
prevalence rate was for "Visual Disability," = 2.2 percent.Source:
2011 American Community Survey (ACS)
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Disability Laws Civil rights are personal rights guaranteed and
protected by the U.S. Constitution. A civil right is an enforceable
right or privilege, which if interfered with by another, gives rise
to an action for injury. Civil Rights may be restricted and further
defined by the courts.
There are at least ten federal laws that protect the civil
rights of people with disabilities. The goal of these laws is to
ensure that people with disabilities have an equal opportunity to
participate in various aspects of society.
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Disability Laws
Some of these laws such as the Americans with Disabilities Act
(ADA) are very specific and the name of the law directly relates to
its purpose. Other laws such as the Rehabilitation Act of 1973 are
very broad and the name of the law does not explain what it
pertains to. Sometimes more than one law applies to a particular
situation. 9
Disability LawsBoth the Rehabilitation Act of 1973, as amended
in 1992 and 1998, and the Americans with Disabilities Act (ADA) of
1990, amended in 2008, are civil rights laws that protect
individuals with disabilities from discrimination.
The integration of people with disabilities into the mainstream
of society is also fundamental to both laws. Separate settings or
programs for those with disabilities are not acceptable unless
necessary to ensure equal benefit.
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Disability LawsWhen advocating for yourself or for a friend,
colleague, or relative with a disability, its important to know
what law (or laws) and what section of those law(s) applies to the
situation. It is strongly recommended that you read the appropriate
regulations and find out what part of the regulation applies to any
specific situation. 11
Rehabilitation Act of 1973The Rehabilitation Act of 1973
prohibits discrimination in federally funded programs and services.
Key language of the law states:
No otherwise qualified handicapped individual in the United
States, shall, solely by reason of his handicap, be excluded from
the participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving federal
financial assistance.12
Rehabilitation Act of 1973The Rehabilitation Act of 1973 goes
beyond providing legal protections. It provides for direct services
to people with disabilities, through state vocational
rehabilitation (VR) programs, which help them to become qualified
for employment.Funded services may include job coaching, job
training and job accommodations.13
Rehabilitation Act of 1973 Prohibited Discriminatory ActsA
recipient of federal financial assistance may not, on the basis of
disability:
Deny qualified individuals the opportunity to participate in or
benefit from federally funded programs, services, or other
benefits.
Deny access to programs, services, benefits or opportunities to
participate as a result of physical barriers.
Deny employment opportunities, including hiring, promotion,
training, and fringe benefits, for which they are otherwise
entitled or qualified.14
Americans with Disabilities Act (ADA) The Americans with
Disabilities Act was signed into law on July 26, 1990. The ADA is a
civil rights law that prohibits discrimination against individuals
with disabilities in all areas of public life, including jobs,
schools, transportation, and all public and private places that are
open to the general public.
The intent of the law is to make sure that people with
disabilities have the same rights and opportunities as everyone
else. 15
Intended Purposes of ADA 1.To provide a clear and comprehensive
national mandate for the elimination of discrimination against
individuals with disabilities.
2.To provide clear, strong, consistent, enforceable standards
addressing discrimination against individuals with
disabilities.
3.To ensure that the federal government plays a central role in
enforcing the standards established on behalf of individuals with
disabilities.
4.To invoke the scope of congressional authority, including the
power to enforce the Fourteenth Amendment (equal protection) and to
regulate commerce, in order to address the major areas of
discrimination faced day-to-day by people with disabilities.
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16The ADA is divided into five titles (or sections) that relate
to different areas of public life.
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17Five Main Titles of the ADATitle I :EmploymentTitle II :State
and Local GovernmentTitle III : Public AccommodationsTitle IV :
TelecommunicationsTitle V :Miscellaneous
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Title I: Employment Title One (Title I) prohibits discrimination
against qualified individuals with disabilities in public and
private sector employment. This includes a requirement that
employers covered under the Act make reasonable accommodations to
the known physical or mental limitations of qualified applicants
and employees, unless providing such accommodations would impose an
undue hardship on the employer.
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Title II: State and Local GovernmentTitle Two (Title II) expands
on the requirement of Section 504 of the Rehabilitation Act that
state and local government programs receiving federal financial
assistance provide equal opportunity to individuals with
disabilities to participate in programs and benefit from
services.
The ADA extends that same requirement to public programs that
are not recipients of federal financial assistance and, therefore,
not covered by Section 504.
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Title II and Title III: TransportationTitle Two and Title Three
prohibit discrimination based on a disability in providing public
transportation services.
Title II: covers Public Transportation - any buses made after
1990 must have a passenger lift.
Title III: covers Private companies - cabs and private
transportation services.
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MORE ON Public AccommodationsTitle Three prohibits
discrimination based on a disability in providing goods and/or
services in public places such as:RestaurantsRetail
StoresParksPrivate SchoolsDay Care CentersDoctors Offices
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22 TITLE IV: TelecommunicationsTitle Four prohibits
discrimination based on a disability in providing telecommunication
services. Telecommunication services may include:
Relay ServiceTelecommunication Device for the Deaf (TDD)
Machines: all 911 operators are trained how to operate TDD
machinesClosed captioning on all federally funded public service
announcements
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.Title V: Miscellaneous ProvisionsProhibits retaliation against
individuals who seek his or her rights under the ADA.
Excludes current users of alcohol and drugs not receiving
hospitalization.
Title Five also explains insurance issues.24
Americans with Disabilities Act Amendments Act (ADAAA) of
2008The Americans with Disabilities Act Amendments Act (ADAAA) of
2008 is an amendment to the ADA that covers employers with 15 or
more employees, including state and local governments.25
ADAAA
The ADAAA of 2008 makes changes to the definition of the term
"disability," clarifying and broadening the definitionand therefore
the number and types of persons who are protected under the ADA and
other Federal disability nondiscrimination laws.26
ADAAAThe ADAAA requires that courts interpreting the ADA and
other Federal disability nondiscrimination laws focus on whether
the covered entity has discriminated, rather than whether the
individual seeking the law's protection has an impairment that fits
within the technical definition of the term "disability."
The Act retains the ADA's basic definition of "disability" as an
impairment that substantially limits one or more major life
activity; a record of such an impairment; or being regarded as
having such an impairment. However, it changes the way that the
statutory terms should be interpreted. 27
28ADAAAMajor Life Activities Major Life Activities includes but
are not limited to, caring for oneself, performing manual tasks,
seeing, hearing, eating, sleeping, walking, standing, lifting,
bending, speaking, breathing, learning, reading, concentrating,
thinking, communicating, and working.
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2829Major Life Activities also include the operation of major
bodily functions including but not limited to: Immune
SystemRespiratory SystemCirculatory SystemEndocrine SystemDigestive
SystemReproductive SystemNeurological SystemBrain Normal Cell
GrowthBowel Bladder
Note* People who have a record or history of such an impairment
and those regarded as having an impairment are also protected.
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29ADA Specific RequirementsPublic entities must:-Provide
services, programs and activities in the most integrated setting
appropriate to the needs of qualified individuals with
disabilities. -Make reasonable modifications in their policies,
practices and procedures to avoid discrimination on the basis of
disability, unless they can demonstrate that a modification would
fundamentally alter the nature of their service, program or
activity.30
ADA Specific RequirementsPublic entities may not:- Refuse to
allow a person with a disability to participate in, or benefit
from, their services, programs or activities because the person has
a disability.
- Apply eligibility criteria for participation in programs,
activities and services that screen out or tend to screen out
individuals with disabilities, unless they can establish that such
criteria are necessary for the provision of services, programs or
activities.
- Provide services or benefits to individuals with disabilities
through programs that are separate or different, unless the
separate programs are necessary to ensure that the benefits and
services are equally effective.31
Examples of ADA ViolationsDenial of Service or Participation:
DIDD holding a public meeting in a building that is not wheelchair
accessible.
Segregation: A DIDD service provider rents a bus to transport
individuals to a concert at the Ryman Auditorium in Nashville. The
service provider does not request a bus with a lift, but arranges
for an individual, who uses a wheelchair, to ride to the concert in
a ramped taxicab.
Retaliation / Coercion: An individual receiving DIDD services
who has mobility issues being sent a notice of discharge letter
after complaining of repeated access violations.
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Breaking barriers Opening Doors
Breaking barriers to telecommunications, employment,
transportation, public accommodations, and public services will
enable Tennessee to benefit from the skills and talents of
individuals with disabilities. It will provide an opportunity to
gain from their increased purchasing power and will lead to fuller
more productive lives for all Tennesseans.
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Breaking Barriers: TelecommunicationsAs a service to Tennessee's
deaf, deaf-blind, hard-of-hearing, and hearing and speech-impaired
community, the Tennessee Relay Service (TNRS) provides free,
statewide assisted telephone service to those with speech, hearing,
and visual impairments.
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Breaking Barriers: Telecommunications
Operated under contract by AT&T and regulated by the TRA,
the Relay Service links conversations between people who use text
telephones (TTY's) or telebraille (TB) devices and people who use
standard telephones. More information can be found at the state
site below http://www.tn.gov/tra/consumerfiles/relaycenter.shtml
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35Breaking Barriers: EMPLOYMENTTennessee Vocational
Rehabilitation (VR) Services is a federal and state-funded program
that provides services to help individuals with disabilities enter
or return to employment.
VR is designed to assist individuals of work age with physical
and/or mental disabilities compete successfully with others in
earning a livelihood.
More information can be found at the state site below
http://tennessee.gov/humanserv/rehab/345820(rev).pdf
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Breaking Barriers :EMPLOYMENT VR may also serve as a resource
that can provide assistance with eliminating the financial hardship
for an employer by paying for the costs of accommodations that are
beyond the employer's own resources. For example, VR may pay for
assistive technology such as computers or job coaches necessary for
the employment of individuals with severe disabilities, and
personal assistance services not considered reasonable
accommodations.37
Breaking Barriers: Programs and ServicesThe State of Tennessee
administers many programs and services to help citizens with
disabilities find employment, get job training, access health care
services, and reduce transportation costs. Please use the following
Web page as a resource to locate programs and services in
Tennessee.
https://www.tn.gov/topics/Disability+Resources
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Breaking Barriers Disability Rights Tennessee (formerly
Disability Law & Advocacy Center of Tennessee (DLAC)) is
dedicated to protecting the rights of Tennesseans with
disabilities. Disability Rights Tennessee advocates for the rights
of Tennesseans with disabilities to ensure that they have an equal
opportunity to be productive and respected members of our
society.
Contact Information: call: (800) 342-1660or e-mail:
[email protected]
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Opening Doors -DIDD ServicesDIDD is actively working toward
increasing employment opportunities for individuals receiving
services through DIDD. If you know of someone with a disability who
is interested in employment or someone who is seeking employment,
please contact DIDDs Employment/Day Service Team for
assistance.
West Region: Gary Smith, [email protected] or 901-745-7213
Middle Region: Michael P. Barbour, [email protected] or
615-231-5044East Region: Ginny Howe, [email protected] or
865-594-9337 For more information on the Employment First
initiative follow the link
below:http://www.tn.gov/didd/employment-1st/
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Opening Doors: DIDD ServicesThe following suggestions should be
used to raise awareness and open doors for individuals receiving or
requesting services through DIDD: There is no one-size-fits-all
solution. Be creative in accommodating diverse needs. Be prepared
with well thought-out policies and procedures to enhance
communication.
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Opening Doors: DIDD ServicesTrain all staff about available
auxiliary aids and services.Inform individuals receiving services,
or their legal representation, about auxiliary aids and services
through signage, advertising, web sites, and other available
means.Assist persons with disabilities (cognitive, mobility,
visual) to fill out medical forms.Notify individuals, or their
legal representative, of their rights under the ADA.
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Opening Doors: DIDD ServicesGrant extra time for comments to
individuals with a speech impairment. Prearrange appointments in a
private location or conduct an in-home visit for individuals with
severe anxiety disorders.Use sign language interpreters (upon
request).Treat Adults as Adults.
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The Department of Intellectual and Developmental Disabilities
For more information on ADA issues or to file an ADA complaint
please contact:
Brenda Clark, DirectorDIDD Office of Civil Rights615-231-5516
[email protected]
442014 - Narration provided by Joyce Munda, DIDD Training
Officer
