ADA In Focus - Volume 3, Number 3, Fall 1999
|
Navigating the Sea of Disability Legislation
When tackling the myriad of practical issues that arise for people with disabilities as they work, access services, and function in the community, it is often difficult to determine which legislation applies to which situation. Before the Americans with Disabilities Act (ADA) was passed, there was not a lot of information available on laws affecting people with disabilities, not to mention the lack of technical assistance on how these laws applied to particular situations.
Today, there is a great deal more information available, although it is still sometimes confusing to determine where the ADA leaves off and where other laws begin. This article provides an overview and a brief historical perspective of the different disability laws in hopes of providing assistance in navigating this sometimes stormy sea.
Civil Rights Act of 1964
In 1964 the Civil Rights Act passed, marking a victory for the civil rights movement. This law prohibits discrimination by employers, public accommodations, and recipients of federal funds on the basis of race, religion, national origin, and gender. This law became the legal foundation for the Rehabilitation Act and, later, the ADA.
Architectural Barriers Act (ABA)
In 1968, The Architectural Barriers Act (ABA) was passed requiring that buildings and facilities that are designed, constructed, or altered with federal funds, or leased by a federal agency, comply with federal standards for physical accessibility. The ABA only covers architectural accessibility and is not a civil rights law. ABA requirements are limited to architectural standards in federal buildings and facilities operated by the U.S. Postal Service. The Access Board was established in 1973 to develop minimum guidelines and requirements for standards issued under the ABA, and to enforce that law. Since that time, the Board's responsibilities have expanded to include the development of guidelines and requirements for the Americans with Disabilities Act (ADA), the Telecommunications Act, and Section 508 of the Rehabilitation Act. The Access Board also provides technical assistance on all these guidelines.
Rehabilitation Act
In 1973, the Rehabilitation Act passed, establishing the bridge between disability policy and law. The 17-year history of implementation of this law before the passage of the ADA helped Congress and the general public understand concepts like the definition of disability, reasonable accommodation, and undue burden, all which were introduced in the Rehabilitation Act. The law prohibits discrimination on the basis of disability in the following areas:
- programs conducted by federal agencies
- programs receiving federal financial assistance
- federal employment
- employment practices of federal contractors (Section 503)
The standards to determine employment discrimination under the Rehabilitation Act are the same as those in Title II of the ADA.
Section 504
Section 504 of the Rehabilitation Act states that "no qualified individual with a disability in the United States shall be excluded from, denied the benefits of, or be subjected to discrimination under" any program or activity that either receives federal financial assistance or is conducted by any executive-branch agency, or by the U.S. Postal Service.
Requirements include reasonable accommodation for employees with disabilities; program accessibility; effective communication with people who have hearing or vision disabilities; and accessible new construction and alterations.
Individuals with Disabilities Education Act (IDEA)
Just two years after the passage of the Rehabilitation Act, the Education for All Handicapped Children Act (P.L. 94-142) was passed in 1975, marking a significant victory for children with disabilities, parents, and disability advocacy groups.
It also marked the beginning of a revision of national disability policy. P.L. 94-142, now known as the Individuals with Disabilities Education Act (IDEA), requires public schools to make available to all eligible children with disabilities a free appropriate public education in the least restrictive environment appropriate to their individual needs. IDEA requires public school systems to develop appropriate Individualized Education Programs (IEPs) for each child.
The specific special education and related services outlined in each IEP reflect the individualized needs of each student. IDEA requires parent participation in the development of the IEP and gives them the right to due process.
Air Carrier Access Act (ACAA)
In 1986 the Air Carrier Access Act was passed by Congress, prohibiting discrimination in air transportation by air carriers against qualified individuals with physical or mental impairments. Requirements address a wide range of issues including boarding assistance and certain accessibility features in newly built aircraft and new or altered airport facilities.
Fair Housing Act (FHA)
It is interesting to note that housing was an issue addressed in the first draft of the ADA, but was eliminated when the opportunity arose to include people with disabilities in the Fair Housing Act Amendments in 1988. The Fair Housing Act, as amended in 1988, prohibits housing discrimination on the basis of race, ethnic origin, religion, gender, disability, familial status, and national origin. Its coverage includes private housing, federally-financed housing, and state and local government housing.
The law states that it is unlawful to discriminate in any aspect of selling or renting housing or to deny a dwelling to a buyer or renter because of the disability of that individual, an individual associated with the buyer or renter, or an individual who intends to live in the residence.
The Fair Housing Act requires owners of housing facilities to make reasonable exceptions in their policies and operations to afford people with disabilities equal housing opportunities. The Fair Housing Act also requires landlords to allow tenants with disabilities to make reasonable access-related modifications to their private living space, as well as to common use spaces.
Americans with Disabilities Act
In 1990, after years of hard work and building on the foundation of existing disability rights legislation, the ADA was signed into law by George Bush.
In 1986, the National Council on Disability issued Toward Independence: An Assessment of Federal Laws and Programs Affecting Persons with Disabilities - With Legislative Recommendations, a report recommending the enactment of comprehensive anti-discrimination legislation for people with disabilities. This set in motion a series of events that led to the drafting of the ADA.
As with the disability legislation that came before it, the goal of the ADA is full participation and independence. Based on both the Civil Rights Act of 1964 and the Rehabilitation Act of 1973, the ADA prohibits discrimination on the basis of disability in employment, state and local government, public accommodations, transportation, and telecommunications.
Under the employment provisions of the ADA, Title I requires employers with 15 or more employees to provide qualified individuals with disabilities an equal opportunity to all employment-related benefits available to others.
Title II requires state and local governments to provide people with disabilities an equal opportunity to benefit from all programs, services, and activities (e.g. public education, employment, transportation, health care, social and community services, courts, voting). Public transportation authorities may not discriminate against people with disabilities in the provision of their services.
Title III covers public accommodations, which are private entities who own, lease, lease to, or operate facilities such as restaurants, retail stores, hotels, movie theaters, private schools, convention centers, doctors' offices, homeless shelters, transportation depots, zoos, funeral homes, day care centers, and recreation facilities including sports stadiums and fitness clubs.
Private transportation entities are also covered by Title III. Public accommodations must comply with basic non-discrimination requirements that prohibit exclusion, segregation, and unequal treatment.
Title IV requires inter- and intrastate telecommunications relay services (TRS), 24 hours a day, 7 days a week, to be established in every state. TRS enables callers with hearing and speech disabilities who use text telephones (ttys or tdds), and callers who use voice telephones, to communicate with each other through a third party communications assistant.
An Array of Laws
Navigating the sea of disability rights law can be confusing. There are many other laws in addition to these that address other disability issues. The major laws are referred to in the chart at the bottom of this document, which includes contact information and the subject area the laws cover.
For more information on the disability rights movement and the history of the ADA, the National Council on Disability has published a monograph entitled Equality of Opportunity: The Making of the ADA. Contact the National Council on Disability at 1331 F Street, NW Suite 1050, Washington DC 20004-1107, 202-272-2004 (v), 202-272-2074 (tty). The document is also available on their website at National Council on Disability
Note: Excerpts from this article were taken from the Department of Justice publication A Guide to Disability Rights available from the DOJ at 800-514-0301 (v) or 800-514-0383 (tty) or from the ADA & IT Information Center at 800-949-4232 (v/tty).
This table contains the telephone numbers and Internet addresses of federal agencies and other organizations that provide information about the various disability laws.
| LAW | COVERS | CONTACT |
| Architectural Barriers Act (ABA) | Post Office buildings and other federal buildings | U.S. Access Board 800-872-2253 v 800-993-2822 tty www.access-board.gov |
| Rehabilitation Act | Federal employment (including contractors), federally-funded programs and services | U.S. Department of Justice 800-514-0301 v 800-514-0383 tty www.usdoj.gov/crt/ada/adahoml.htm |
| Individuals with Disabilities Education Act (IDEA) | Special education services (birth-21) | U.S. Department of Education
(DOE) Office of Special Education and Rehabilitative Services 202-205-5507 v 202-205-9754 tty www.ed.gov/offices/OSERS |
| Air Carrier Access Act (ACAA) | Air transportation issues including boarding assistance, accessibility in new aircraft and new or altered airports | U.S. Department of Transportation Aviation Consumer Protection Division Hotline 202-366-2220 v www.dot.gov/airconsumer/pubs.htm |
| Fair Housing and Urban Act (FHA) | Private, federal, or state and local government funded housing | U.S. Department of Housing Development (HUD) 800-669-9777 v/tty www.hud.gov/hdiscrim.html |
| AMERICANS WITH DISABILITIES ACT (ADA) LEGISLATION | ||
| Title I | Covers state and local government and other employers with 15 or more employees | Equal Employment Opportunity Commission (EEOC) 800-699-4000 v 800-800-3302 tty www.eeoc.gov |
| Title II | State/local government programs and services, including public transportation | U.S. Department of Justice
(DOJ) 800-514-0301 v / 800-514-0383 tty www.usdoj.gov/crt/ada/adahoml.htm |
| Title III | Public Accommodations (e.g., businesses, movie theaters, restaurants, etc.) | U.S. Department of Justice
(DOJ) 800-514-0301 v / 800-514-0383 tty www.usdoj.gov/crt/ada/adahoml.htm |
| Title IV | Telephone relay service requirements | Federal Communications Commission 888-225-5322 v 888-835-5322 tty |
Title I: Employment
Training for Local Government
The DC Access Coalition and the ADA & IT Information Center are sponsoring
a day-long training on Title I of the ADA as part of a series of ADA seminars
for DC Government personnel. A limited number of spaces are available
to the general public interested in the employment provisions.
Washington, DC -- September 23, 1999
For more information, call the ADA & IT Information Center at 800-949-4232
v/tty
ADA Film Festival
The Maryland, West Virginia, and Pennsylvania ADA Coalitions are sponsoring
a one-day filmfest at Frostburg State University, from 9 am to 3:30 pm.
The target audience is individuals who conduct ADA trainings.
Frostburg, MD -- September 27, 1999
For more information, call the ADA & IT Information Center at 800-949-4232
v/tty
Title II ADA
Seminar
The Virginia ADA Coalition, South Hampton Roads DSB, and Chesapeake, Norfolk,
Portsmouth, and Virginia Beach Mayor's Committees will be presenting a
day-long seminar on Title II of the ADA.
Norfolk, VA -- October 21, 1999
For more information contact Mark Bieberdorf at 757-923-2088 v/tty
Update on the
Americans with Disabilities Act: Where Are We Now?
This annual ADA update, sponsored by the Maryland Coalition for ADA Education,
will provide the latest information from the EEOC and Department of Justice
on such issues as employment, architectural access, and disability policy.
This seminar was postponed from an earlier date.
Baltimore, MD -- October 28, 1999
For more information contact the Maryland Coalition at 410-974-6139 v/tty
Self-Study
Course for Rehabilitation Professionals
The Rocky Mountain ADA Technical Assistance Center is offering a self-study
course to meet continuing education credits for Certified Rehabilitation
Counselors and Certified Case Managers. For a fee of $115, individuals
can earn 25 CEUs and learn more about the ADA from "A to Z" - through
such tools as crossword puzzles, picture quizzes, and other challenging
exercises.
For more information, call the ADA & IT Information Center at 800-949-4232
v/tty
ADA DECISIONS IN FOCUS -- New ADA Rulings
Supreme Court Rules on ADA In June the U.S. Supreme Court handed down decisions in five ADA cases; one addressing the integration provision of Title II, three addressing employment issues, and one analyzing ADA claims and applications for disability benefits.
Olmstead Case The Title II cases, better known as Olmstead, involved the state of Georgia's failure to provide services to two individuals with disabilities in the community rather than an institution. In a decision supporting the key concept of community integration for people with disabilities, the Supreme Court said that unjustified isolation of persons with disabilities in institutions is discrimination.
In her opinion, Justice Ruth Bader Ginsberg suggested that states should have a comprehensive active working plan for placing qualified people with mental disabilities in less restrictive settings, and a waiting list that moves at a reasonable pace.
The ruling acknowledges that states may be limited in their resources but at the same time says they should have an active plan to move toward the goal of integrating people in the community where appropriate.
The Supreme Court also made rulings in three employment cases related to the definition of disability: Sutton v. United Airlines; Murphy v. United Parcel Service; and, Albertson v. Kirkinburg. The Sutton case involved twin airline pilots who had uncorrected vision of 20/200 but corrected vision of 20/20. The Murphy case involved an individual who took medication for high blood pressure, and the Albertson case involved a truck driver with monocular vision.
All three cases were based on the issue of how "mitigating measures" (such as the use of medication or devices to offset the symptoms or effects of disabilities) are considered in determining if a person is substantially limited enough in a major life activity to be covered by the ADA.
The Court ruled that mitigating measures are considered in the determination process. As a result, none of these individuals is considered a person with a disability under the ADA. These decisions were a significant departure from the EEOC and Department of Justice's positions that people be considered regardless of mitigating measures in the determination process.
ADA and Social Security Benefits
In the fifth ADA case, Cleveland v. Policy Management Systems Corporation, the Supreme Court ruled that an individual applying for Social Security disability benefits and claiming, at the same time, that she is a qualified person with a disability, is not making contradictory statements. The standards that the Social Security Administration uses for determining qualification for benefits is different than the definition of a "qualified person with a disability" under the ADA. As a result, if a person is disabled enough to receive benefits, it does not contradict the claim that the person is qualified for a particular job.
These decisions apply to the specific cases involved; be cautious when generalizing these decisions to other situations, particularly those involving the determination of whether an individual is a person with a disability under the law. The ADA & IT Information Center provides technical assistance on these and all aspects of the ADA at 800-949-4232 (toll-free v/tty).
What's New -- Latest Resources
Access Board's Guidelines for Rec Facilities
This July, the Access Board proposed accessibility guidelines for recreation facilities under the ADA. The proposed guidelines, available through the Federal Register or on the Board's website (www.access-board.gov), cover the construction and alteration of a variety of recreation facilities, including amusement rides, boating facilities, fishing piers, golf courses, swimming pools, and sports arenas.
The guidelines are available for public comment until December 8, 1999. For a copy of the guidelines contact the Access Board at 800-usa-able (800-872-2253) or 202-272-5434 from 10am-5:30pm, EST, Monday, Tuesday, Thursday and Friday; 10am-2pm Wednesday. TTY users should call 800-993-2822 or 202-272-5449.
The Access Board is now providing email updates on the development of new or updated guidelines and standards. Through these updates, you will be notified of new rules as soon as they are published. To receive these email updates send an email to: news@access-board.gov. No message in the body is necessary.
Assistance at Self-Serve Gas Stations
This fact sheet from the Department of Justice outlines self-service gas stations' obligations to customers with disabilities under the ADA. For more information, contact the DOJ at 800-514-0301 (v) or 800-514-0383 (tty), or visit their website at www.usdoj.gov/crt/ada/adahoml.htm, or call the ADA & IT Information Center.
Announcing a New Listserv
The Center is starting a Title II Coordinators Network listserv to provide an opportunity for Title II Coordinators and others involved in state and local government issues to share expertise and experiences. If you would like to subscribe to this list, send a message to: ADAtitle2-request@MailingList.net.
The ADA & IT Information Center is pleased to announce the expansion of its Distance Education Program to a series of 12 teleconferences that will incorporate three different tracks of information.
Each track will consist of four teleconferences. Track I will cover issues relevant to architectural design; Track II will cover employment and human resources; Track III will cover general issues. Participants may register and pay for one teleconference, one track of four, or for the complete series of 12 teleconferences. Anticipated topics to be covered in future teleconferences include:
- common errors and omissions in new construction
- ADA implications for managed care
- effective communication
- workers' compensation
- the Family and Medical Leave Act and the ADA
On September 22, 1999, Marilyn Golden, a policy analyst with the Disability Rights Education Defense Fund (DREDF), will talk about "Access to Over the Road Buses." On October 19, 1999, David Fram of the National Employment Law Institute will discuss the definition of disability in light of the recent U.S. Supreme Court decisions.
For more information on the Distance Education Series, contact the ADA & IT Information Center at 800-949-4232 v/tty.
To Contact the Coalitions:
MD 410.974.6139 v/tty email:pjwilson1@aol.com
DC 202.822.9189 v or 202.822.9199 tty email:rights@erols.com
DE 302.427.7499 v/tty email: scada2@juno.com
WV 304.296.6091 v/tty email: tmira@hotmail.com
VA 804.649.8481 v email: arcva@richmond.infi.net
PA 814-867-6649 v/tty email: als21@psu.edu
ADA in Focus is published three times yearly by the ADA & IT Information Center for the Mid-Atlantic Region.
The staff of the ADA Information Center is available to provide information on all aspects of the ADA to individuals, businesses, government entities and organizations in the Mid-Atlantic Region.
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.
Richard G. Luecking, President
Marian Vessels, Project Director
Ann Deschamps, Ed.D., Director of Training and Evaluation
Mark Derry, Technical Assistance Specialist
Alison S. Levy, Technical Assistance Specialist
Kimberly Antonelli, Editor
Donna Stewart, Administrative Assistant
TransCen, Inc. is a Rockville, MD-based firm specializing in human resources issues that impact workplace diversity. TransCen administers the ADA & IT Information Center, providing business and technical assistance to DE, DC, MD, PA, VA and WV.
This is a publication of the ADA & IT Information Center for the Mid-Atlantic Region, which is funded by the National Institute on Disability and Rehabilitation Research of the U.S. Department of Education under Grant No. H133D60006. The opinions contained in this publication are those of the grantee and do not necessarily reflect those of the Department of Education.
ADA & IT Information Center for the
Mid-Atlantic Region
451 Hungerford Dr., Suite 607
Rockville, MD 20850-4151, tel: 301-217-0124 v/tty
fax: 301-217-0754,
tollfree: 800-949-4232 v/tty
url: www.adainfo.org
© 1999 by TransCen, Inc.
ADA In Focus is available in large print, Braille, audio cassette, and computer disk.
Affiliates of the ADA Information Center
The ADA & IT Information Center works with state affiliates throughout the region to provide information, materials, presentations and resources to the local community so businesses, government entities, and individuals are aware of their rights and responsibilities under the Americans with Disabilities Act.
The various state affiliates, working as ADA Coalitions, represent the local resource by which the ADA Information Center can network to ensure the needed information is made available to anyone working to provide equal opportunity to people with disabilities.
By working together to eliminate misinformation and provide resources that are accurate, we are helping to provide positive solutions to questions being faced by employers, governments, businesses, and people with disabilities.
Listed here you'll find the Coalition that is closest to you, with information on how to reach them:
Delaware
Statewide Coalition for the ADA (SCADA)
100 West 10th Street, Suite 409
Wilmington, DE 19801
tel/fax 302-427-7499
emailscada2@juno.com
Contact: Bob Cichocki, Coordinator
Washington, D.C.
Disability Rights Council of Greater Washington
1300 19th Street NW, Suite 500
Washington, D.C. 20036
tel 202-822-9189 tty 202-822-9199 fax 202-835-0291
email rights@erols.com
Contact: Julia Bell
Pennsylvania
The Pennsylvania ADA Coalition
For more information,
contact the ADA & IT Information Center at:
1-800-949-4232 v/tty.
Virginia
The Virginia ADA Education Coalition
c/o The Arc of Virginia
6 North 6th Street, Suite 403-A
Richmond, Virginia 23219
tel 804-649-8481 fax 804-649-3585
email arcva@richmond.infi.net
Contact: Linda Moore
West Virginia
Northern West Virginia Center for Independent Living
110 Greenbag Road
Morgantown, WV 26505
tel/tty 304-296-6091 fax 304-291-9071
email nwvcil@cyberplanet.net
Contact: Tony Miralles
Maryland
The ARC of Maryland
49 Old Solomons Island Road, Suite 205
Annapolis, MD 21401
tel/tty 410-974-6139 fax 410-974-6021
email adamd@erols.com
Contact: Pam Wilson
Training | Publications | Links | Accessible IT | Youth with Disabilities | Join Our Mailing List
©2008 DBTAC: Mid-Atlantic ADA Center