ADA In Focus
Volume 12, Number 2
Fall 2007
ADA and IT Issues: Training News and Events
Affiliates News:
Settlement Agreements: Advancing Access
What's New: ADA IN FOCUS is published three times yearly by the DBTAC: Mid-Atlantic ADA Center. It is posted to the web on the "Publications" page at www.adainfo.org. It is also available by request in large print, Braille, audio cassette, and computer disk. Richard G. Luecking, President TransCen, Inc. is a Rockville, MD based firm specializing in human resources issues that impact workplace diversity. TransCen administers the DBTAC: Mid-Atlantic ADA Center, providing technical assistance to DE, DC, MD, PA, VA and WV. This is a publication of the DBTAC: Mid-Atlantic ADA Center, funded by the National Institute on Disability and Rehabilitation Research of the U.S. Dept. of Ed. (Grant # H133A060085). The opinions contained in this publication are those of the grantee and do not necessarily reflect those of the Dept. of Education. DBTAC: Mid-Atlantic ADA Center ADA ISSUES:
Universal design, or the notion of designing a device, architectural element, or environment so that as many people as possible will be able to use it, was largely an outgrowth of accessible design, or designing for people with disabilities. Generally, designers have always had to focus on a variety of factors to achieve good design. Getting something produced or built has to be practical and affordable, considering materials, tools, and methods available. Once produced or built, it has to be safe and usable for people. It also has to be attractive (or no one wants to build it or use it in the first place). To be truly successful, it has to appeal to a lot of people. Accessible design, on the other hand, traditionally focused on providing elements and spaces that were separate and different from the “norm.” The approach was essentially based on a “medical model” of disability, in a society where people with disabilities were often housed, educated, and employed in institutions and segregated facilities. Practicality was essential to accessible design, but both affordability and attractiveness were often sacrificed, if they were considered at all. Accessible products and elements had an “institutional” look, even when intended for use in people’s homes. They also tended to be expensive since they were produced in smaller numbers and often required different methods, tools, or materials. Universal Design Takes Root
As the disability rights movement gained momentum and accessibility requirements began to appear in civil rights laws and building codes, designers struggled to incorporate accessibility features in more integrated environments.
Designers, by nature, tend to be practical, yet artistic. They want to design things that are functional, but also aesthetically pleasing. They’re creative. One young architect in particular, working in the late 1960s and early 70s, envisioned a more integrated approach to design. Ron Mace, a graduate of the School of Design at North Carolina State University who was also a wheelchair user, is credited with coining the term “universal design.” He defined it as “the design of products and environments to be usable by all people, to the greatest extent possible, without the need for adaptation or specialized design.”
He and other like-minded individuals and organizations began to promote the idea that products and spaces designed for people with disabilities could be marketed much more broadly. As accessible features were incorporated into more public buildings, it was evident that people without disabilities were using them. Parents pushing baby strollers used ramps; travelers with suitcases used the larger toilet stalls; everyone used automatic doors.
Additionally, the “baby boomer” generation began to experience the typical effects of aging — diminished vision, hearing, and mobility. Boomers (generally including those born in the post-World War II years of 1946 to 1964) have always been a driving force in the marketplace, because they represent such a huge segment of the population. Aging boomers began to demand products and spaces that were safe and easy to use, both at home and work, and they didn’t want those things to look like they belonged in a hospital.
The combination of disability rights advocacy and boomer buying power drove designers to respond. Many have taken up the challenge to create usable and appealing designs that enable people with various characteristics to maintain their independence and participate in an integrated society.
The concept of universal design has been applied to public buildings, homes, recreation environments, furniture, appliances, telecommunications devices, computer equipment, and everyday products and technologies of every description.
Designers and vendors continue to see that features that support people with disabilities are appreciated by others, and often enhance safety, health, and efficiency for all.
Speaker phones and headsets are a boon to people who have difficulty holding a telephone receiver because of a disability, but they can also facilitate efficiency. The busy professional can keep both hands on her computer keyboard, or the harried homemaker can wrestle a toddler into a snowsuit, while talking on the telephone. Combined with a cell phone, such a device can enable the active traveler to carry on a suitcase, a briefcase, a raincoat, and a conversation, all at the same time.
Appliances with large buttons and easy-to-operate controls help people with limited strength or dexterity. Labels with large letters and numbers make things easier for those with vision impairments. The use of pictures and symbols instead of words supports people with learning or cognitive disabilities. But all these features also help young children, or adults who don’t speak English.
Ergonomic seating, tools, and devices assist workers with a variety of disabilities; they also help maintain health, prevent injuries, and improve productivity.
Universal Design Branches Out
Universal design principles have been applied to program design, as well. Developers of everything from social and recreational activities to instructional curricula are striving to make their programs inclusive.
Universal Design for Learning (UDL) is catching on as teachers struggle to engage today’s diverse students and help them succeed. A typical classroom may include not only students with various disabilities, but those with different kinds of ethnic and cultural backgrounds, economic resources, and family circumstances. Combined with the natural range of skills, talents, and interests found in any group of individuals, these factors create challenges for educators and program planners.
UDL promotes the use of multiple methods and materials to maximize the abilities of each student. Classroom presentations, participatory learning activities, and assessments that allow for different learning styles promote individual achievement.
The universal design movement has become a global one, with conferences and design competitions held around the world. Japan, Canada, and the European Union, as well as the United States, are all leaders in the field.
At its best, the application of universal design principles is not about including people with disabilities or responding to a consumer market, but a human-centered approach that brings out the best in all of us. ?
UNIVERSAL DESIGN: PRINCIPLES
Principle One: Principle Two: Principle Three: Principle Four: Principle Five: Principle Six: Principle Seven: Copyright 1997 UNIVERSAL DESIGN: RESOURCES
The Center for Universal Design The IDEA Center Adaptive Environments Center National Center on Accessibility Trace Research and Development Center Center for Applied Special Technology (CAST) LIFE Conference X For more information, visit www.lifeconference-de.org/life/, National ADA Symposium and Expo For more information, visit www.adasymposium.org/ ADA TRAINING RESOURCE CENTER ONLINE TITLE II TUTORIAL ONLINE For information on these and other ADA and disability-related training events, check the “Training” page at the DBTAC: Mid-Atlantic ADA Center web site: www.adainfo.org/training/ ROAD TO FREEDOM: TOUR BUS VISITS WEST VIRGINIA The “Road to Freedom” tour is part of a nationwide campaign inspired by the late Justin Dart and his wife Yoshiko Dart, who traveled across the country to build support for the ADA. The campaign is a project of ADA Watch and the National Coalition for Disability Rights (NCDR). The tour bus features an exhibit which chronicles the disability rights movement, including historic images from noted photographer Tom Olin and a narrative history written by Arlene Mayerson of the Disability Rights Education and Defense Fund (DREDF). Local media helped to promote the event. WCHS 58 Radio broadcast several promotional spots and interviews in the week leading up to the event, and Charleston Gazette staff writer Eric Eyre interviewed David Stewart, the Coordinator of the West Virginia ADA Coalition, for an article about the ADA and the tour. The West Virginia organizations arranged for the tour bus to park at the South Charleston Wal-Mart and a large tent offered space for displays and refreshments. WCHS broadcast live from the location. Jim Ward, founder and president of ADA Watch/NCDR, and Tom Olin were on hand to greet visitors and talk about the exhibit and the tour. Thanks to all who helped plan and support this cultural experience! For more information about the “Road to Freedom” campaign, visit www.roadtofreedom.org/. TO CONTACT OUR AFFILIATES: State ADA Coalitions: MD - 800-949-4232 V/TTY DC - 202-388-0033 or 202-388-0277 TTY DE - 800-949-4232 V/TTY WV - 800-946-9471 V/TTY VA - 757-461-8007 V or 757-461-7527 TTY PA - 570-327-9070 V or 570-327-5254 TTY State Assistive Technology Programs: MD - 800-832-4827 V or 866-881-7488 TTY DC - 202-547-0198 V or 202-547-2657 TTY DE - 800-870-3284 V/TTY WV - 800-841-8436 V or 800-518-1448 TTY VA - 800-552-5019 V/TTY PA - 800-204-7428 V or 866-268-0579 TTY SETTLEMENT AGREEMENTS: ADVANCING ACCESS Metro Access and Equal Rights Center MetroAccess, the provider of ADA required paratransit services in the Washington, DC metro area, reached an agreement to settle a class action lawsuit brought in 2004 by the Equal Rights Center. MetroAccess, which in recent years has taken steps to improve services by adopting a new contract and increasing the budget for the program, will hire additional consultants to assist in ongoing oversight of services. MetroAccess will also pay $2.2 million to the Equal Rights Center and various individuals involved in the case, in the form of both cash payments and free rides. Fox Television Stations and FCC The Federal Communications Commission (FCC) and Fox Television Stations resolved a complaint that WTTG-TV, the Fox station in the Washington, DC area, failed to make information about a severe weather situation accessible to viewers with hearing disabilities. The station will implement a policy of captioning emergency information, or making such information accessible through other visual means until captioning can begin. George Washington University and Jordan Nott George Washington University (GWU) reached a settlement agreement with Jordan Nott, a former student who was suspended and barred from campus after seeking psychiatric treatment. The terms of the settlement are confidential, but one of the plaintiff’s attorneys, Karen Bower, was quoted as saying she was “pleased that GW is reviewing and revising its policies.” City of Philadelphia and Department of Justice The Department of Justice announced a settlement agreement that will resolve a lawsuit filed by a man who alleged that city paramedics refused to provide appropriate medical assistance to him after they learned he was HIV positive. The city will pay the plaintiff $50,000 in damages, and will implement an ongoing training program for city paramedics. Inova Fairfax Hospital and Department of Justice The Department of Justice and Inova Health Care Services reached an agreement that will result in a comprehensive program to ensure effective communication with individuals who are deaf or hard of hearing. Cardtronics and Massachusetts/NFB The Commonwealth of Massachusetts and the National Federation of the Blind (NFB) settled their lawsuit against Cardtronics, which operates the nation’s largest ATM network, with machines located in every state. Cardtronics will make each of its nearly 30,000 ATMs more accessible by installing a headset-activated voice guidance feature that will allow users who are blind to access the machines independently. The United States Postal Service (USPS) agreed to pay $61 million to settle a class action case that involved thousands of postal employees across the country. It is the largest settlement ever in a disability discrimination case. The employees alleged that after they were injured on the job and placed in “rehabilitation” positions, they were denied opportunities for advancement. The large class was certified because the plaintiffs claimed that USPS regarded them as having disabilities, so the Equal Employment Opportunity Commission (EEOC) was spared the task of determining whether each individual plaintiff had an actual disability as defined in the law (the USPS is covered by the Rehabilitation Act, which uses the same definition of disability as the ADA). The discriminatory practices were changed according to a preliminary settlement reached in 2004. This settlement will resolve the remaining issue of damages for the individual workers; over $53 million will be distributed among them. Project ACTION: Using Public Transit Frequently Asked Questions about Service Animals, Download a free copy of either publication from Project ACTION’s Clearinghouse online at www.projectaction.org or call 800-659-6428. Accessible Alterations: Sidewalks and Rights-of-Way The publication is online at http://www.access-board.gov/prowac/alterations/guide.htm. EEOC Guidance: Workers with Caregiving Responsibilities Unlawful Disparate Treatment of Workers with Caregiving Responsibilities is available online at eeoc.gov/policy/docs/caregiving.html. DOJ: New Tool Kit Chapter on Emergency Management and Shelters Find the Tool Kit online at www.ada.gov/pcatoolkit/toolkitmain.htm. ADA Restoration Act Proposed The current definition requires that an individual have a physical or mental impairment that “substantially limits” a “major life activity.” The bill’s sponsors propose to define disability merely as a physical or mental impairment, regardless of how the impairment limits the individual’s functions or whether the individual uses “mitigating measures” (medications, devices, etc.) to reduce or eliminate the impairment’s effects. Proponents of the bill say it will keep the focus on whether an individual has been discriminated against, rather than on whether he is “disabled enough.” Opponents say it will extend ADA protections to virtually everyone, burdening employers and diluting the law’s benefits for those who need them the most. Follow the legislative process online at http://thomas.loc.gov/, and let your lawmakers know how you stand on this and other issues. No Internet Access? ADA In Focus is intended for use by individuals, state and local governments, businesses, legal entities, and others interested in developments in the Americans with Disabilities Act. This publication is intended solely as an informal guidance and should not be construed as legally binding. ADA In Focus does not serve as determination of the legal rights or responsibilities under the ADA for any individual, business or entity. ©2008 DBTAC: Mid-Atlantic ADA Center
UNIVERSAL DESIGN
Marian Vessels, Project Director
Nancy Horton, Assistant Director
Marissa Johnson, Director of Training
Maynor Guillen, Technical Assistance Specialist
David Stewart, Technical Assistance Specialist
Mark Derry, Training Consultant
Traci Lemon, Office Manager
451 Hungerford Dr., Suite 700
Rockville, MD 20850 4151
TEL: 301 217 0124 V/TTY
FAX: 301 217 0754
TOLL-FREE: 800 949 4232 V/TTY
E-MAIL: adainfo@transcen.org
URL: www.adainfo.org
© 2007 by TransCen, Inc.
EQUITABLE USE
The design is useful and marketable to people with diverse abilities.
FLEXIBILITY IN USE
The design accommodates a wide range of individual preferences and abilities.
SIMPLE AND INTUITIVE USE
Use of the design is easy to understand, regardless of the user’s experience, knowledge, language skills, or current concentration level.
PERCEPTIBLE INFORMATION
The design communicates necessary information effectively to the user, regardless of ambient conditions or the user’s sensory abilities.
TOLERANCE FOR ERROR
The design minimizes hazards and the adverse consequences of accidental or unintended actions.
LOW PHYSICAL EFFORT
The design can be used efficiently and comfortably and with a minimum of fatigue.
SIZE AND SPACE FOR APPROACH AND USE
Appropriate size and space is provided for approach, reach, manipulation, and use regardless of user’s body size, posture, or mobility.
NC State University
The Center for Universal Design
North Carolina State University
Campus Box 8613
Raleigh, NC 27695-8613
800-647-6777
Web: www.design.ncsu.edu/cud
University at Buffalo
378 Hayes Hall / 3435 Main Street
Buffalo, NY 14214-3087
716-829-3485 Ext. 329 V 
716-829-3758 TTY
Web: www.ap.buffalo.edu/idea/
180-200 Portland Street, Suite 1
Boston, MA 02114
617-695-1225 V/TTY
Web: www.adaptiveenvironments.org
(recreation and outdoor environments)
Indiana University
501 North Morton Street, Suite 109
Bloomington, IN 47404-3732
812-856 4422 V 812-856 4421 TTY
Web: www.ncaonline.org
(universal design of technologies)
University of Wisconsin - Madison
1550 Engineering Dr. 2107 ECB
Madison, WI 53706-1609
608-262-6966 V 608-263-5408 TTY
Web: www.trace.wisc.edu
(Universal Design for Learning, or UDL)
40 Harvard Mills Square, Suite 3
Wakefield, MA 01880-3233
781-245-2212 V 781-245-9320 TTY
Web: www.cast.org/
Dover, DE: January 24, 2008
This is the tenth annual LIFE Conference on disabilities. Workshops will address such topics as employment discrimination, special education, community integration, assistive technology, and more.
call 302-645-1490 or 302-739-7192,
or e-mail info@LIFEconference-de.org
St. Louis, MO: May 12 – 14, 2008
SAVE THE DATE for this comprehensive conference sponsored by the DBTAC: National Network of ADA Centers. The agenda will include workshops on a wide range of topics. Presenters will include representatives from the federal ADA enforcement agencies, as well as other experts in their fields. A pre-conference, with both introductory and advanced level sessions, will also be offered. An expo hall will feature the latest disability-related products and services. Online registration will be available beginning in January, 2008.
or contact your regional ADA Center at 1-800-949-4232 V/TTY
A new Web site, launched by the DBTAC: Southeast ADA Center, is a comprehensive collection of online courses, Webcasts, tools, and resources to support ADA training. The site also includes a calendar of training events and conferences. Check it out at www.adacourse.org/.
A new online course outlines the requirements of Title II of the ADA, which covers state and local governments. The free tutorial is approved for 0.3 CEU or 3 CRCC clock hours. Public agency ADA Coordinators will find this course particularly helpful! Find the course at www.adacourse.org/title2/index.php.
West Virginians with disabilities, advocates, and family members, along with disability organizations and businesses, including the West Virginia ADA Coalition, the Mountain State Center for Independent Living, the Statewide Independent Living Council (SILC), Eastlake Derry & Associates, the Fair Shake Network, the Developmental Disabilities Council, and West Virginia Advocates, worked to bring the “Road to Freedom” bus tour to Charleston in early November.
E-MAIL - adainfo@transcen.org
E-MAIL - hgalmore@dccil.org
E-MAIL - adainfo@transcen.org
E-MAIL - ADAcoalition@msn.com
E-MAIL - kgonzalez@endependence.org
E-MAIL - communityorganizer@cilncp.org
WEB - www.mdtap.org
WEB - www.atpdc.org
WEB - www.dati.org
WEB - www.cedwvu.org/programs/wvats
WEB - www.vats.org
WEB - www.disabilities.temple.edu/piat/
Rights and Responsibilities of Transit Customers with Disabilities is a brief, user-friendly guide for people with disabilities who want to use buses, light rail, and other public transportation systems in their communities.
for travelers and transportation providers alike, discusses service animals in the context of ground transportation.
A new guide is available to help designers maximize accessibility in existing rights-of-way situations. Accessible Public Rights-of-Way: Planning and Designing for Alterations discusses typical problems, including steep terrain, water ponding, limited space, and obstructions such as signal poles, fire hydrants, and utility boxes. Suggestions and models are offered to address these issues and create more usable sidewalks, curb ramps, pedestrian crossings, and on-street parking.
Many people who have full- or part-time jobs must also care for young children, elderly parents, or other family members or friends. The U.S. Equal Employment Opportunity Commission (EEOC) issued a new document to explain how employers’ discrimination against such workers may violate Title VII of the Civil Rights Act or the ADA.
The U.S. Department of Justice (DOJ) issued a new chapter in its ADA Best Practices Tool Kit for State and Local Governments. The chapter includes information and user-friendly checklists to help assess emergency management policies and practices, as well as facilities used as shelters.
Congress is currently considering the ADA Restoration Act (H.R. 3195/S. 1881), which would revise the law’s definition of disability.
If you are not able to obtain online publications,
call the DBTAC: Mid-Atlantic ADA Center,
1-800-949-4232 V/TTY.
We will be happy to assist you!
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