ADA In Focus
Volume 12, Number 1
Summer 2007
ADA and IT Issues: Training News and Events
Affiliates News:
ADA Rulings: 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:
HOSPITALITY: ACCESS AND OPPORTUNITY
The hospitality industry represents a large and growing segment of the business community. This is a diverse industry; it includes the neighborhood fast food restaurant where we grab a quick meal once a week, and the five-star hotel where we might be lucky enough to stay once in a lifetime. Both are selling the same luxury - a break from our daily routines and responsibilities. It's not surprising that such businesses are in demand in today's fast-paced, high-pressure society. According to the National Restaurant Association (NRA), the nation's 935,000 restaurants are projected to generate approximately $537 billion in sales this year; the mid-Atlantic region's 51,176 restaurants will account for nearly $40 billion of that. A recent Harris Interactive poll conducted in collaboration with Open Doors Organization (ODO) and the Travel Industry Association of America (TIA) reported that approximately 70% of adults with disabilities dine out at least once a week. Meanwhile, in the lodging industry, approximately 2.6 million hotels rooms are sold every day in the United States (according to the TIA). The Harris poll revealed that more than 21 million adults with disabilities traveled for pleasure and/or business over a two year period, and the number of hotel stays increased by 50% during that time. However, 60% of those travelers reported experiencing difficulties at hotels, including physical and communication barriers or problems with customer service. Add all the people without disabilities, such as family members, friends, and business associates, who accompany these adult travelers and diners with disabilities, not to mention the numbers of children with disabilities (who were not included in the survey but whose families undoubtedly consider their needs when they choose hotels and restaurants), and it is easy to see that there is a significant market to be tapped. Naturally, an industry that is expanding its customer base also needs to expand its workforce. The Department of Labor estimates that employment will increase by 17% in the lodging industry and by 16% in the food services industry over the 2004 - 2014 period (compared with 14% growth projected for employment in all industries combined), adding more than 1.6 million jobs to the economy. The diverse range of jobs associated with these industries means there are employment opportunities for people with a variety of skills and talents, from entry level to upper management positions. The restaurant industry alone serves not only as the nation's second largest employer (after government), but as a leading "training ground" for workers of all kinds. According to the NRA, 48% of American adults have worked in the restaurant industry at one time, and 32% had their first job experience there. Restaurants also offer opportunities for advancement; eight out of ten salaried employees started as hourly workers. Hotels and other places of lodging often contain restaurants and offer other food services as well. Additionally, some hotels include meeting spaces, and offer event planning services to help customers organize conferences, exhibitions, weddings, and parties. Some hotels operate fitness centers, gift shops, or transportation shuttles. DBTAC: Hospitality Initiative
Due to the popularity and expected growth of the hospitality industry, the DBTAC: National Network of ADA Centers is engaged in an initiative to promote access for customers and opportunities for workers with disabilities. Our program offers specific materials, resources, and training sessions that will help these businesses diversify their workforce and expand their customer base. We have developed a specific training presentation for front-line staff. This brief presentation is designed for staff who interact with customers, such as desk clerks and wait staff. The session will help them learn appropriate ways of communicating with and serving people with various types of disabilities. For more information, check out the resources below, contact us at 1-800-949-4232 V/TTY, or visit us online at www.adainfo.org/hospitality. RESOURCES: HOSPITALITY
American Hotel and Lodging Association (AHLA) This organization offers these training videos: Asian American Hotel Owners Association (AAHOA) California Hotel & Lodging Association U.S. Department of Justice / ADA Business Connection U.S. Equal Employment Opportunity Commission Society for Accessible Travel and Hospitality (SATH) Open Doors Organization (ODO) Hospitality: Top Ten Tips for Operators
HOSPITALITY: ACCESS AND OPPORTUNITY
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.
Educational Institute
www.ei-ahla.org/
Breaking Down Barriers: Achieving Great Service for Guests with Disabilities
ADA: The Hiring Process
www.aahoa.com/
This organization offers this training video:
Full Access: Making Your Property ADA Compliant
Educational Foundation
www.calodging.com/products/service_animals.shtml
"We Welcome Service Animals"
This initiative offers several publications, as well as online staff training videos in both English and Spanish.
1-800-514-0301 Voice
1-800-514-0383 TTY
www.ada.gov/business.htm
The Department offers a web course entitled "Reaching Out to Customers with Disabilities," as well as a variety of publications, including documents on tax incentives for businesses, service animals, accessible new construction and barrier removal in existing hotels, effective communication with guests who are deaf or hard of hearing, serving guests with vision impairments, and customer service practices in lodging facilities.
1-800-669-4000
www.eeoc.gov/facts/restaurant_guide.html
How to Comply with the ADA: A Guide for Restaurants and other Food Service Employers
www.sath.org/
212-447-7284
http://www.opendoorsnfp.org/
773-388-8839
Hospitality: Top Ten Tips for Customer Service Staff
- Speak directly to the individual you are addressing, not to a companion or sign language interpreter. Never shout at a person; speak in a normal tone of voice.
- Identify yourself when you meet someone with a vision disability.
- Be prepared to use a variety of tools and methods to communicate with people with disabilities, such as writing notes for people who have hearing impairments (keep a pad of paper handy), or reading printed information or giving verbal directions (it doesn't help to point!) to people with vision impairments.
- Listen attentively when talking with people who have difficulty speaking, and wait for them to finish. If necessary, ask short questions that require short answers or a nod of the head. Never pretend to understand; instead, repeat what you have understood and allow the person to respond.
- If you offer assistance, wait until your offer is accepted. Then listen or ask for instructions.
- If needed, describe people with disabilities using "person-first language" (e.g., a person who is blind, not a blind person). Avoid words/phrases like "handicapped," "victim," "wheelchair bound," and "confined to a wheelchair."
- Treat adults as adults. Never patronize adults with disabilities by patting them on the head, calling them by their first names (when you do not do so with other adults), or otherwise treating them like children.
- Welcome service animals. Service animals assist people with all types of disabilities, including those who are blind or deaf, have epilepsy, or use wheelchairs. Service animals are working animals, not pets. Do not pat, feed or distract them.
- Know about your property's accessibility so that you can respond to questions and give directions. For example, know whether (and where) your establishment has accessible parking, entrances, or restrooms, or whether individuals using wheelchairs need to use alternate routes to get to certain areas.
- Relax! People with disabilities are just like other customers.
Building the New Workforce: Inclusion and Innovation
Orlando, FL: September 23 - 26, 2007
This is the U.S. Business Leadership Network's 10th Annual Conference and 2nd Annual National Career Fair.
For more information, visit http://newworkforceconference.org/,
call 305-519-4256, or e-mail brandon@macsata.org
Annual ADA Update
Baltimore, MD: September 28, 2007
This popular annual event will feature speakers from federal agencies, including the Department of Justice (DOJ), the Equal Employment Opportunity Commission (EEOC), the Department of Transportation (DOT), and the Access Board.
For more information, visit www.adainfo.org/training/list.asp?CAT_ID=1,
call 1-800-949-4232 V/TTY (in DC, DE, MD, PA, VA, WV), 301-217-0124 V/TTY
or e-mail mjohnson@transcen.org
Access to ADAAG: Level III
Morgantown, WV: October 16 - 18, 2007 and December 11 - 13, 2007
These "Survey Simulation Trainings," presented by Eastlake, Derry & Associates, will group participants into teams of two or three members, who will conduct site surveys and produce reports on architectural barriers.
For more information, visit www.adaderry.com/accessibilitytraining.html,
call 1-800-946-9471 or 304-296-3510 V/TTY,
or e-mail info@eastlakederry.com
National ADA Symposium and Expo
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.
For more information, visit www.adasymposium.org,
or contact your regional ADA Center at 1-800-949-4232 V/TTY
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/
AFFILIATES NEWS
VIRGINIA: NEW ADA RESOURCE GUIDE
The Virginia ADA Coalition, coordinated by Kelly Gonzalez and the Endependence Center in Norfolk, recently published a new resource guide on the ADA. The guide contains basic information on each title of the law and resources such as enforcement agencies and other organizations, including state and local agencies that serve Virginians. Also listed is the contact information for dozens of municipal ADA Coordinators who are responsible for addressing compliance issues in local communities across the state.
Reaching out to the various agencies and individuals, gathering information, and compiling the guide took a lot of time and effort, and we salute Kelly and the Virginia Coalition for providing this valuable resource to the citizens of Virginia!
The Virginia ADA Resource Guide is online at www.endependence.org/Publications.html (scroll to the bottom of the page to choose either PDF or Word format).
Contact Kelly and the Virginia Coalition (information below) to find out more about ADA activities in Virginia!
All of our state ADA Coalition affiliates are participating in our Hospitality Initiative, distributing materials and offering training to customer service staff in restaurants and hotels. Training is designed to help front-line staff interact more comfortably with customers with disabilities. To find out more about the Initiative, obtain materials, or arrange for training sessions, contact the affiliate in your area (information below), or our main office at 1-800-949-4232 (voice/TTY).
TO CONTACT OUR AFFILIATES:
State ADA Coalitions:
MD - 800-949-4232 V/TTY
E-MAIL - adainfo@transcen.org
DC - 202-388-0033 or 202-388-0277 TTY
E-MAIL - hgalmore@dccil.org
DE - 302-376-4399 v or 302-376-4397 TTY
E-MAIL - levans@fcilde.org
WV - 800-946-9471 V/TTY
E-MAIL - ADAcoalition@msn.com
VA - 757-461-8007 V or 757-461-7527 TTY
E-MAIL - kgonzalez@endependence.org
PA - 570-327-9070 V or 570-327-5254 TTY
E-MAIL - communityorganizer@cilncp.org
State Assistive Technology Programs:
MD - 800-832-4827 V or 866-881-7488 TTY
WEB - www.mdtap.org
DC - 202-547-0198 V or 202-547-2657 TTY
WEB - www.atpdc.org
DE - 800-870-3284 V/TTY
WEB - www.dati.org
WV - 800-841-8436 V or 800-518-1448 TTY
WEB - www.cedwvu.org/programs/wvats
VA - 800-552-5019 V/TTY
WEB - www.vats.org
PA - 800-204-7428 V or 866-268-0579 TTY
WEB - http://disabilities.temple.edu/programs/assistive/index.htm
ADA RULINGS
Maryland: No Points for Wheelchair Racer
The District Court in Maryland denied a motion for an injunction that would have allowed a high school athlete who uses a wheelchair to earn points for her school's track team at state competitions. The case is McFadden v Grasmick (find the decision online at www.mdd.uscourts.gov/Opinions152/Opinions/mcfadden05122007.pdf).
Although wheelchair races were recently added to state tournaments, there are currently so few participants that the winners of these events are not eligible to earn points for their teams. The Maryland Public Secondary Schools Athletic Association (MPSSAA) successfully defended its general policy regarding all new events, which requires that a minimum number of school jurisdictions participate before points are awarded. The policy is designed to prevent a team from earning points for winning an event in which there is little or no competition.
Third Circuit: Title II Valid Exercise of Congressional Authority
The Court of Appeals for the Third Circuit (covering Pennsylvania, Delaware, New Jersey, and the Virgin Islands), in the case of Bowers v National Collegiate Athletic Association (NCAA), found that "Congress acted within its Constitutional authority in abrogating sovereign immunity under Title II of the ADA."
This case arose when Michael Bowers, a high school athlete with a learning disability, was declared a "nonqualifier" by the NCAA because of his special education background. Bowers eventually sued the NCAA, the University of Iowa, and Temple University.
The Court noted that this "protracted dispute, spanning nearly a decade thus far, has yielded eleven prior opinions," and described the case as a "procedural morass." Constitutionality was only one of the numerous and varied issues debated, and the Court felt "obliged to once again carefully wade into the thicket to disentangle the issues before us."
One of the defendants in the case, the University of Iowa, argued that as a state entity, it enjoyed sovereign immunity from Title II. The Court referred to the findings of other courts, including the Supreme Court's rulings in Tennessee v Lane (Title II is constitutionally valid, at least as it applies to the "fundamental right of access to the courts"). The Third Circuit, in Bowers, ultimately reached the question of whether Title II is valid in the context of public education.
Noting that "Congress enacted Title II against the backdrop of our regrettable national history in educating students with disabilities," the Court found Title II a "congruent and proportional means of preventing and remedying" discrimination in education.
Find the Court's opinion posted online at http://vls.law.villanova.edu/locator/3d/Feb2007/052262p.pdf.
Fourth Circuit: City Not Liable for School's Discrimination
The Court of Appeals for the Fourth Circuit (covering Maryland, West Virginia, Virginia, North Carolina, and South Carolina) reversed the lower court in the case of Bacon v City of Richmond, finding that the city could not be forced to pay costs associated with improving access at city schools.
This decision stemmed from a lawsuit in which both the City and the School Board of Richmond were named as defendants. The claim was based on architectural accessibility problems at dozens of school facilities.
Although the District Court agreed with the plaintiffs that the City shared responsibility with the School Board, the Appeals Court found "several difficulties" with the approach. Noting that the School Board operated with almost complete autonomy, the Court held that the City played no role in the alleged discrimination, and so could not be held responsible for it.
Find the opinion online at http://pacer.ca4.uscourts.gov/opinion.pdf/061347.P.pdf.
WHAT'S NEW
DOT Adopts New ADA Building Standards
The Department of Transportation (DOT) amended its ADA regulations to adopt the new ADA Accessibility Guidelines (ADAAG) for transportation facilities.
The new standards are based on the ADA/ABA (Architectural Barriers Act) guidelines that were issued by the U.S. Access Board in 2004. The DOT made several modifications, including maintaining requirements for detectable warnings on curb ramps.
The Access Board published supplementary material to provide details on the new ADA standards adopted by DOT, as well as standards under the ABA adopted by the U.S. Postal Service (USPS) and the General Services Administration (GSA). The USPS adopted the Board’s guidelines without changes, and the GSA added requirements related to automatic and power-assisted doors.
The Board maintains a Web page on the status of activity by the various federal agencies with responsibilities to update standards under the ADA and the ABA. To stay current, visit www.access-board.gov/ada-aba/standards-update.htm or call the ADA Center at 1-800-949-4232 V/TTY.
EEOC: ADA and Health Care Workers
The U.S. Equal Employment Opportunity Commission issued a new "Q&A" fact sheet to provide practical information about the ADA and healthcare jobs in a variety of settings-from public and private hospitals and nursing care facilities to doctors’ and dentists’ offices and diagnostic laboratories.
Find the document online at www.eeoc.gov/facts/health_care_workers.html.
DOJ: ADA Best Practices Tool Kit for State and Local Governments
The U.S. Department of Justice is in the process of issuing installments of a new technical assistance document designed to assist state and local officials improve compliance with the ADA. The new "Tool Kit" so far includes chapters and checklists on basic requirements, effective communication, emergency communication services, accessible Web sites, and curb cuts. The toolkit is online at www.ada.gov/pcatoolkit/toolkitmain.htm.
Accessibility: New Resources from the Access Board
The U.S. Access Board has issued several reports and launched a Web course on various aspects of accessible design.
The Justice for All: Designing Accessible Courthouses report (www.access-board.gov/caac/report.htm) offers recommendations for the design of courthouse spaces.
The Synthesis of Literature Relevant to Roundabout Signalization to Provide Pedestrian Access report (www.access-board.gov/research/roundabouts-signals/report.htm) identifies key issues in signalizing traffic roundabouts for greater accessibility, particularly for pedestrians with vision impairments. Potential design strategies and available signal technologies are described.
The Visual Detection of Detectable Warning Materials by Pedestrians with Visual Impairments report (www.access-board.gov/research/dw-fhwa/report.htm) provides recommendations on color and contrast for detectable warning surfaces.
Accessibility Guidelines for Play Areas (www.access-board.gov/play/course/1-0.htm) a three-hour Web course, covers all sections of the play guidelines, including ramp and transfer access to elevated play components, the number of play components required to be accessible, play surfacing, and other topics.
No Internet Access?
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!
www.deafprofessional.net/ The Deaf Professional Network offers information on news, trends, technologies, laws, policy, and other issues of interest to deaf professionals and business owners.
www.unitedweride.gov/ United We Ride is a federal interagency initiative that supports the development of coordinated human service transportation delivery systems.
www.longtermcare.gov/ The National Clearinghouse for Long-Term Care Information, from the U.S. Department of Health and Human Services, provides information and resources to help individuals and families plan for future long-term care (LTC) needs.
www.cited.org/ The Center for Implementing Technology in Education (CITEd) encourages educators to use technology to improve outcomes for students.
www.mobilewomen.org Mobile Women, an "online magazine for women in wheelchairs," includes information on health, parenting, finances, beauty and fashion, and more. It also offers an interactive forum for discussion.
www.hhs.gov/ocr/hospitalcommunication.html The Department of Health and Human Services (HHS) offers information to help hospitals communicate effectively with deaf or hard-of-hearing individuals or those who have limited English proficiency.
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.
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