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Transcript: Webinar – ADA Basics (July 2014) | Page 1 of 27

Webinar: ADA Basics Event Date: July 22, 2014 Presenter: Karen Hamilton, North Carolina ADA Network Project, North Carolina Council on Developmental Disabilities Host: Donna Salhany, Parent to Parent of Georgia DONNA SALHANY: Good morning and thank you for joining us today. My name is Donna Salhany, and I'm the Education Support Specialist at Parent to Parent of Georgia. We are very excited to welcome you to today’s webinar -- the ADA basics. Parent to Parent of Georgia offers one-on-one telephone support to families of children with disabilities or special healthcare needs. Call us at 1-800-229-2038 to speak to a trained staff member (who is also a parent!). We can also match you with a Supporting Parent based on your child's diagnosis, healthcare needs, age, or any other criteria you are interested in -- so that you can get emotional support from someone who has “walked in your shoes.” This webinar is hosted in collaboration with the Southeast ADA Center. Anytime you have a question about the Americans with Disabilities Act, your first line of action should be to call the ADA hotline number at 1-800-949-4232, which is accessible by voice or TTY. All calls are free and confidential. Alternatively, you can send your questions and/or comments to the Southeast ADA’s website at www.adasoutheast.org.


Today’s webinar will focus on an introduction to the Americans with Disabilities Act of 1990. It's also called ADA. It is designed to help increase your knowledge and understanding of the basic principles and core concepts in the ADA and the ADA Amendments Act of 2008, which is sometimes referred to as ADAAA. If you have any questions during the presentation, you can type your questions in as you think of them in the chat window. If you prefer to use your headset or mic when the session is opened for questions, you can “raise your hand.” As moderator, I will announce that you have a question and then open your mic for speaking. Now that we have the housekeeping items out of the way, let me thank you once again for joining us, and I’ll turn things over to Karen Hamilton. KAREN HAMILTON: Good morning! Welcome to ADA Basics. Again, my name is Karen Hamilton. I am the coordinator of the North Carolina ADA Network Project which is a Project of the North Carolina Council on Developmental Disabilities and the Alliance of Disability Advocates. Also, the Southeast ADA Center. Our project works with the statewide network of grassroots groups led by people with disabilities to promote through voluntary compliance with the Americans with Disabilities Act. So let's get started. Next slide. As the title of our webinar indicates, today we're going to discuss the basics of the Americans with Disabilities Act or ADA. The objectives of the webinar include: develop a basic understanding of civil rights law and how ADA fits into that, understand the purpose of the ADA, list the five titles of the ADA, identify the Federal agencies with enforcement responsibilities for each title, define key terms under the ADA, recognize nondiscrimination requirements, and share resources and tools. I'm going to be sharing some resources today. Also, at the end of this webinar, you'll be receiving an e-mail with a resource list that you can use.


Also, I wanted to say that I'm going to be offering many examples today and since Parent to Parent is our sponsor today, most of them will apply to children and parents, but the examples really apply to everyone. Next slide. Ok, let’s just set the stage. In order to understand the Americans with Disabilities Act, you must have a basic understanding of civil rights law. Next slide. Access is a civil right. In fact, it is our nation's policy. To quote President George W. Bush, “Disability is not the experience of a minority of Americans. Rather, it is the experience that will touch most Americans at some point in their lives.” If you live long enough, you’re probably going to experience some type of disability. So making our communities accessible really benefits everyone. Next slide. There are 52, excuse me, 51.2 million Americans with disabilities. That’s about 18% of our population. In fact, that number is based on the 2000 census, so actually, that number is much higher now. In fact, it's estimated that one out of every five Americans has a disability. Twenty million families have at least one family member with a disability. Forty million children, ages 6 to 14, have a disability. That's 11% of our population. And 72% of people ages 80 and older have a disability, which is the highest of any age group. Next slide. The Americans with Disabilities Act or ADA is a civil rights law, and its origin is in the Civil Rights Law of 1964 and the Disability Rights Movement. So you can think about the ADA as a piece of Swiss cheese. It fills in the holes left open by other disability rights laws; for example, the Rehabilitation Act or the Individuals with Disabilities Education Act.


The ADA is a broad civil rights law designed to provide a clear and comprehensive national mandate to prevent discrimination based on disability. Like the Civil Rights Act of 1964 that prohibits discrimination on the basis of race, color, religion, national origin, and sex, the ADA seeks to ensure equal opportunity for people with disabilities. It's important to note, however, that the ADA does not guarantee equal results, establish quotas, or require preferences favoring individuals with disabilities over people without disabilities. Next slide. In order to get someone to effectively comply with the law, you must understand the four characteristics of civil rights laws. And if you don't understand these characteristics, complying with the ADA will be difficult. The first is emotionalism. You have a person who feels like their civil rights were violated versus an entity, such as a business, who feels that the integrity of their service or program will be compromised. You have to reduce that emotional atmosphere before you can get them to listen to the information you have to offer. Next, balance and compromise. Civil rights laws result from balancing the rights of people against the entity’s ability to maintain the integrity of their business program or services. Not everyone is going to get everything that they want. It's a process of negotiation and consensus building that results in requirements that the most can live with. Also, most importantly really, is case-by-case analysis. Let’s face it, there's no situation that’s exactly the same. And any time that you're talking about discrimination under the ADA, it's always on an individual basis. You also need a context. The terms in the ADA are vague when viewed in a vacuum. For example, what is reasonable for a small nonprofit organization is quite different than what is reasonable for a Fortune 500 company.


Next slide. Now that we've discussed what makes a civil rights law unique, we can shift our focus to the three components that we believe are necessary for change to occur. First of all is -- values. If you believe that people with disabilities have a right to work in the careers or choice for which they are qualified, have equal access to programs, services, goods, et cetera, then the laws like the ADA will not be difficult for you to arrive at solutions that create win-win situations for people with disabilities and business. And that “values piece” is the hardest. Most say the biggest disability is attitude, not necessarily a ramp that goes into a building. Awareness. In order to create change, you must be aware that the barrier exists in order to identify and address it. Many times businesses don't know about the specific accessibility issues until someone asks for an accommodation or brings it to their attention. Finally - skills. Once you are aware, you need the skills and tools to help resolve the issue to everyone's satisfaction. And again, at the end of this presentation, we're going to discuss some resources and tools that you can use. Most importantly, the ADA is a very comprehensive law and there are literally thousands of publications that you can refer to. So we always say, it's not so important that you know the answer to an ADA question. What's important is -- knowing where to get the answer to your question. Next slide. Now we’re going to discuss the structure of the ADA. Next slide. There are five titles. Title I of the ADA covers employment. Title II covers the programs and services operated by public entities, such as state and local governments. And Title III – excuse me, Title II is divided in two subtitles. Title II protects qualified individuals with disabilities from discrimination on the basis of disability in service, programs or activities of all state and local governments and also extends the protection of discrimination on basis of disability established by Section 504 of the Rehabilitation Act.


Title III covers public accommodations such as private businesses, such as movie theaters, doctor's offices, shopping malls, basically commercial facilities, examinations and courses related to licensing or certification, and transportation. Title IV addresses telephone and television access for people with hearing and speech disabilities. And Title V contains miscellaneous provisions that really relate to how the law is enforced and how it's carried out. Next slide. We also have the Americans with Disabilities Act Amendments Act of 2008. It was signed into law September 25, 2008 and went into effect on January 1, 2009. It did clarify and further define some sections of the law. But it was -- but one of the biggest reasons for the amendment was a reaction to what was happening in the courts, particularly in the workplace. In several cases, the Supreme Court had narrowly interpreted the definition of disability in a way that led the lower courts to exclude a range of people with disabilities from coverage. We're going to talk more about this in a few minutes when we get to the definition of disability. A key point with the ADA Amendments Act is that Congress said that the focus of ADA should be on whether or not an entity has complied with their obligations under the law and not spending a lot of time analyzing whether the individual’s impairment is a disability. We will discuss this more in a few minutes. Next slide. So let's discuss the definition of disability. Disability discrimination occurs when an entity covered by the Americans with Disabilities Act treats a qualified individual with a disability unfavorably because they have a disability. So your first question is, “Who is considered a person with a disability?” when you're looking at discrimination.


Next slide. The basic ADA definition of disability was not changed by the ADA Amendments Act. It has a three-part definition. The first part of the definition applies to persons who have impairments that substantially limit one or more major life activities. Now, a major life activity may include, but it isn’t limited to, such things as caring for oneself, seeing, hearing, eating, walking, learning, concentrating, and communicating. These are just examples though, and by no means an exhaustive list. And also at this point, I want to note that a person with a minor, non-chronic condition of short duration, less than six months, such as a sprain, a broken limb or the flu, generally would not be considered a person with a disability. The second part of the definition protects individuals with a record of a disability, and would cover, for example, a person who has recovered from cancer or mental illness. The third part of the definition protects individuals who are regarded as having a substantially limiting impairment, even though they may not have such an impairment. For example, the ADA would protect a qualified child with a severe facial disfigurement from being denied access to a daycare center because the staff feared that the negative reactions of the other children or parents. Next slide. There was a major change made by the ADA Amendments Act in regards to the definition of disability. Mitigating measures other than ordinary eyeglasses or contact lenses should not be considered in determining whether an individual has an impairment that substantially limits a major life activity. Under the ADA Amendments Act you consider how the impairment affects the person before or without the mitigating measure.


And I’m going to discuss exactly what a mitigating measure is in a minute. For example, if a person has an amputated leg, you consider whether the amputation substantially limits that individual when they're not wearing the prosthesis. So even though with a prosthesis they may not be substantially limited when they're walking, they're still considered a person with a disability -- because without the prosthesis, they do have a substantial limitation. Next slide. Some examples of mitigating measures could include medication, medical equipment and devices, such as hearing aids, walkers, canes, other mobility devices, prosthetic limbs, reasonable accommodations such as auxiliary aids or services or communication aids, or even behavior modifications. This change is important because prior to the ADA Amendments Act the Supreme Court had ruled that mitigating measures could be taken into account in determining whether a person was substantially limited in a major life activity. Therefore, if a medication or a device, for example, enabled a person with an impairment to function well, the person was often held by the court not to have a disability under the ADA. Even if that impairment was the basis of a discrimination. So the way the law works is that the first step to determine if discrimination has occurred is number one, is this a person with a disability under the law? So this change really made a difference. Next slide. There are several other components of the ADA definition of disability. Under the ADA, a qualified person with a disability is someone who meets the essential eligibility requirements with or without reasonable modifications, auxiliary aids, and services or removal of barriers.


The ADA protects people with disabilities from being discriminated against on the basis of disability. It does not, however, entitle them to jobs, benefits, programs, or services for which they do not otherwise qualify. In other words, not every person with a disability is necessarily qualified to receive services from public or private agencies or businesses. You must meet the qualification requirements. An example -- a children’s theater program requires that persons be between the ages of 7 and 12. The theater program cannot deny participation to a 10-year old child who uses a wheelchair simply because of her disability. On the other hand, the same children’s theater program does not have to serve a 17-year-old person who has an intellectual disability no matter how much that person might want to participate because they do not meet the age requirement. Next slide. Another part of the definition of disability is association. An entity may not discriminate against individuals or entities because of the relationship with a person with a disability. Disability-based discrimination is not always limited only to people with disabilities. At times, those who associate with individuals with disabilities may be subject to discrimination. Therefore, the ADA states that an entity may not discriminate against individuals or entities because of their relationship and association with a person with disability. Some examples of association would be, let’s say a county or recreation center may not refuse admission to a summer camp program to a child whose brother has tuberculosis, for example. Or a local government cannot refuse to allow a theater company to use a school auditorium on the grounds that the company has recently performed at a Hospice for people with HIV. In the private sector, a public sports arena, let's say this arena refuses to admit an individual with a mobility disability and his sister, due to the individual’s mobility impairment. Let’s say they’re using a wheelchair and there's no accessible seating. The arena would be discriminating against both individuals in that circumstance.


The law also protects people from discrimination based on their relationship with a person with a disability, even if they themselves do not have a disability. For example, it's illegal to discriminate against an employee because her child has a disability. An example of this would be let's say that an employer finds out that an applicant has a child with a disability and assumes that parent will need a lot of time off. So the employer decides not to hire that applicant. In this case, the parent may have been discriminated against. Those are the major features of the definition of disability. Does anybody have any questions at this point? I see – DONNA SALHANY: Karen, the questions that have been coming in are mainly about can they get copies of the slide presentation by e-mail and Parent to Parent's policy on this is we generally do not provide copies of the presentation. However, I will discuss it with management and see if an exception can be made. KAREN HAMILTON: And Donna, it's my understanding that this webinar will be archived so people can go back and look at it. DONNA SALHANY: It will be, and there will also be a transcript made from the closed captioned transcript on this, so all of the words will be available. KAREN HAMILTON: Great. Thanks. DONNA SALHANY: I have not seen any other questions. KAREN HAMILTON: Okay. Just please type your questions in as we go. Next slide. Next we're going to talk about cross-cutting issues or issues that really cut across or apply to all the titles of the law or at least most of the titles. Next slide. These cross-cutting issues are integration, equal opportunity, eligibility criteria, reasonable modifications, effective communication, surcharges and additional requirements, personal services and devices, and direct threat. And let me go through each of those briefly.


Next slide. Integration. Individuals with disabilities must be integrated to the maximum extent possible. Integration is central to the purpose of the ADA. Individuals with disabilities must be integrated to the maximum extent appropriate. Next slide. Equal opportunity. People with disabilities must not be denied equal opportunity to participate and benefit from programs and services. This requirement parallels the requirements of the Civil Rights Act of 1964. For example, a city recreation department may not prevent a child who is blind from participating in an after-school program. A zoo may not refuse to admit a person with Down's Syndrome. A clerk in a video store may not refuse to rent an adult movie to an adult with an intellectual disability. The ADA does not guarantee that the person with a disability achieve identical results or the same level of achievement as people without disabilities. For example, an individual who uses a wheelchair may not be excluded from an exercise class at a health club because they can't do all the exercises and achieve the same results as persons or other participants without disabilities. Someone who is blind cannot be refused the opportunity to attend a movie. Even though that person may not be able to see the action on the screen, they must be allowed the opportunity to enjoy the experience of attending the movie with their friends and family. The ADA permits the provision of additional services and benefits to people with disabilities that are not generally provided to individuals without disabilities. However, people with disabilities cannot be required to take advantage of those different or separate programs or services. Instead, if they want to do so, they must be allowed to participate in the services and benefits offered to the general public.


An example of this would be, let's just say a museum offers a tour once a week on Fridays that allows individuals who are blind to touch objects. At other times in the week this is not available. However, Bill, who is a person who is blind, chooses to take a standard tour of the museum on Tuesday. The museum must allow Bill to take the standard tour, even though they offer another tour that would allow him to touch museum objects on Fridays. In this case they are actually providing a separate program or sometimes they're called special programs, which we don't like, but a separate program for people who are blind. But that doesn't mean that a person who is blind has to only participate in that program. Next slide. Eligibility criteria. The ADA prohibits eligibility criteria intended to screen out people with disabilities as well as neutral criteria that have the result of screening out people with disabilities unless the criteria is necessary for the provision of service, program, or activity. An example would be a recreation center requires that participants be able to walk to participate in a county-sponsored, advanced, free-style swim class because they're assuming that users of wheelchairs can't swim well enough to participate. This is an example of “an unnecessary blanket exclusion” and it violates the ADA. However, the same swim class can require that all participants complete a prerequisite class such as a beginner’s free-style swimming class. This eligibility criteria is permitted when the entity can show that the requirements are necessary for the provision of the service. In addition, eligibility criteria that are neutral but have the effect of screening out people with disabilities are also prohibited. For example, a driver's license cannot be the sole source of photo identification accepted for securing a library card, for example, or cashing a check at the bank or a retail store. This discriminates against people with disabilities, such as a person who is blind or a person who has an active seizure disorder because they are not eligible to apply for a driver's license. However, requiring some type of state-issued photo identification would not screen out people with disabilities because those forms of ID are available to everyone.


And sometimes, I have to say that many of the businesses I've worked with, they will have eligibility criteria built in that someone before them set up and they really don't know why it's there, and as soon as it's brought to their attention, they can correct it. So again, it's one of those things, if they're aware of it, they can make the correction. Next slide. When necessary to ensure equal opportunity and to avoid discrimination, public and private entities must make reasonable modifications to their policies, practices, and procedures. So it really requires entities to deal flexibly with unanticipated situations in a way that does not deny people with disabilities an equal opportunity to participate. This obligation applies not only to written, but also to informal policies, practices, and procedures. An example would be a local motel has greatly improved their physical access in several of its guest rooms. However, under its present reservation policy, the motel does not guarantee that when a person requests an accessible rooms, one of the new rooms will actually be available when they arrive. They're not able to reserve a specific room. The ADA requires that the motel make modifications, or reasonable modifications, to its reservation policy to ensure the availability of the accessible room that the individual requested when the individual arrives. A public or private entity is not required to make the modification if it can demonstrate that the modification would fundamentally alter the nature of its service, program, or activity. For example, an individual with low vision may ask a manager at a planetarium to raise the lights so he can read the large-print program that was provided. However, the planetarium is not required to modify its practice of low lighting as this would fundamentally alter the experience for everyone, given that a darkened room is required in order to view the solar system experience at the planetarium.


Another example would be a person with low vision asks a neighborhood restaurant to raise the ambient lighting in order to read the menu. The restaurant does not have to alter its lighting as this would fundamentally alter the mood desired, particularly in some of the higher-end restaurants where lighting is a part of the mood. However, the restaurant could provide alternatives, such as offer to read the menu, or listen to a recorded menu on an audio cassette, or use a small, hand-held light that would not disturb the overall lighting. So even though they can’t, in this particular example, even though they are not required to modify their policy based on this individual request, they still have to determine are there other things that we could do that would not fundamentally alter the nature of the service. Next slide. Effective communication. Communications with individuals with disabilities must be as effective as communication with others. This effective communication obligation extends to individuals with disabilities who have physical, mental and sensory impairments such as vision, hearing, and speech impairments that substantially limit the ability to communicate. Typically you address communication or effective communication with auxiliary aids and services. Many times when you're looking at ADA publications or an ADA regulation you will see the term “auxiliary aids and services.” Auxiliary aids and services include really a wide range of devices, techniques and procedures that enable individuals with disabilities to participate fully in the exchange of information. The type of auxiliary aid or service you use to ensure effective communication will vary depending on the length and the complexity of the communication involved.


For example, let's say an individual who is Deaf stops by a new car showroom to look at the latest models. The car dealer would be able to effectively communicate general information about the cars by providing brochures and exchanging notes on pen or paper or perhaps even offering taking turns using the computer, the keyboard and screen. However, if that individual becomes serious about making a purchase, a qualified interpreter may be necessary because of the complicated nature of the communication involved in purchasing a car. So in this case, the car dealership -- what is effective communication in one situation may not be an effective communication in another. Next slide. So what are some examples of auxiliary aids and services? One would be, and the one we're most familiar with, are qualified interpreters. Also, it's good to note that the ADA now allows video remote interpreting or VRI services, where you connect to an interpreter over the Internet. This may be a perfect way that the car dealer could communicate with the person who is Deaf who wants to buy the car. Note takers are another form auxiliary aid or service, written materials, computer-aided transcription services, assisted listening devices, qualified readers, tape-to-text, audio recordings, Braille materials, large-print materials are examples of auxiliary aids and services, but by no means are the exhaustive list. Next slide. Surcharges and additional requirements. Additional charges or surcharges cannot be imposed on people with disabilities to cover the cost of providing ADA mandated access to goods and services, such as many of the ones that we have talked about today. For example, a movie theater cannot charge persons with hearing impairment a rental fee for using the theater’s assistive listening devices while watching a movie. However, the Department of Justice has stated that a business can require a reasonable, fully refundable deposit for the use of an auxiliary aid or service, such as an assistive listening device that we just used in our example.


Also, additional requirements may not be imposed on people with disabilities that are not imposed on others. An example would be a person using a wheelchair cannot be required to be accompanied by a personal assistant when riding the public transportation system, unless that's something that is required for everybody else. Next slide. Personal services and devices. Public or private businesses are not required to provide personal services or personal devices. Personal devices would include things like wheelchairs, prescription eyeglasses, hearing aids. But even in this example, it doesn’t mean that you -- The ADA is really the minimum requirements for accessibility. That doesn't mean a business can't go beyond that. So sometimes you'll notice in malls that people can check out a wheelchair. So they may be provided in that case, but that is not required. Examples of personal services would include providing assistance eating, toileting, dressing. Unless that is typically provided by that business or entity. An example would be a hospital or daycare might be required to provide assistance in eating, toileting, and dressing because they provide those personal services to people without disabilities. I'm thinking particularly in a daycare center, especially with young children, you may provide assistance in toileting. You may provide assistance eating, things like that. So it would be reasonable that you would provide the same services to a person with a disability. However, personal services that you provide does not refer to minor assistance, such as a librarian retrieving a book from a shelf or a waiter removing the cover from a straw, or a teller at a bank filling out a deposit slip. Those are not considered personal services. They are just considered minor assistance and those would be required by the law in most cases. Next slide. DONNA SALHANY: Karen, can we interrupt for a second for catching a few questions? KAREN HAMILTON: Sure.


DONNA SALHANY: We're getting away from where the topic was when they were asked. Earlier, we had a question that asked, can you provide a few brief examples of information in Title V, miscellaneous provisions. What is covered under Title V that is not covered in Titles I through IV? KAREN HAMILTON: An example of what is covered in Title V, really if you think about them as directions on how the other titles are implemented. Title V, for example, provides for a technical assistance so that people can understand and learn about the ADA. The Southeast ADA Center, which is a part of the National ADA Network is a part of that national technical assistance arm that is mandated under Title V. That would be an example of what Title V covers. Most things that in business or an employer would be -- the titles that affect them are Title I, employment, Title II, state and local government, and Title III, private businesses or public accommodations. So the majority of what the public and what businesses will need in order to understand what their requirements are under the law are under the first three titles. DONNA SALHANY: All right. Another question is, what about persons with behavioral disabilities, and this may lead into what you're talking about next on things that was asked earlier. What if one of their behavioral disabilities is yelling and/or screaming at inappropriate times? KAREN HAMILTON: Well, first of all, are they a person with a disability under the law? And they, if their behavior, the behavior in this case substantially limits their ability to learn, their ability to do a major life activity, then yes, they would be a person with a disability. The list I gave of the different ways that -- what major life activities are was not an exhaustive list, so there are many more major life activities. So let's assume that they are a person with a disability in the law because their impairment substantially limits one or more major life activities. The second part of that is that what is -- what are their rights when they are participating in -- let's just say it's a recreation program. In that situation, it would depend on the particular program, for example, that they're signing up for.


And we're going to go over some direct threat in a few minutes, but the business or recreation center, for example, needs to modify their policies, procedures, and practices to see if they can include that person with a disability whenever possible. And so they would also need to consider accommodation requests that that individual or family member has or suggestions, for example, how to include that person. So that person would be probably, depending on how severe their disability is, that they would be covered under the law and business basically needs to consider accommodation requests. And I will say there's a big difference between Title II, which is state and local government, and Title III, which is private business. Title II entities have to provide program access unless it fundamentally alters their service or some other reason. However, Title III has to do what is readily achievable or private business has to do what is readily achievable. So what a state or local government entity has to do is at a higher level than the private business. However, they all have to consider accommodation requests. DONNA SALHANY: Another question is “Is it a reasonable accommodation for a legally blind student to request a room to him or herself, such as no roommate, when the school policy is that every student will have a roommate?” KAREN HAMILTON: Again, it will depend. It depends on, first of all, is this a public school or a private school? The public school may have a higher level of obligation, but they also, if the policy is that there has to be two people per room, it also has to depend on the size of the school, their resources, what they can accommodate, but it's not -- making the accommodation request is the right of a person with a disability, but it doesn't mean they're necessarily going to be getting exactly what they want, but the business has to consider it. That probably doesn't answer that question really well, but the basic answer to most ADA questions is, it depends.


But one thing I would encourage if someone is in that situation, is to call the ADA Southeast Center and we're going to share their information again at the end of this presentation. To talk about their individual situation. Get specific publications and ADA information in writing that they can go to the school, so they can have an informed discussion and share, really know their rights and share information with that entity when making that case for the private room. DONNA SALHANY: Karen, we have some more questions, but I'm looking at the time and I think we need to let you go on with your presentation at this point so that we don't short-change you. KAREN HAMILTON: Okay. And I don't think we have much more, and we can get back to questions at the end. Okay. The next cross-cutting issue is direct threat. If an individual poses a direct threat to the health or safety of others, they are not considered a qualified individual with a disability. Therefore, an entity or business may exclude that individual from an activity. Next slide. However, there are factors to consider when you're determining if someone is a direct threat. It can't be just based on, well, I don't think this sounds safe to me. That's not -- that's just a feeling. It has to be based on fact. Is there -- number one, is there a significant risk of substantial harm? This specific risk must be current and identifiable, not something that happened five years ago. It must be based on objective medical or factual evidence. And you must consider whether the risk can be eliminated or reduced with reasonable modification. For example, a person with epilepsy who has lost consciousness during seizures within the past year might seriously endanger their own life and the lives of others if they're employed as a bus driver. In this particular example, there's a significant risk, there is objective medical evidence, and the risk is current. It’s happened in the past year.


However, if an individual appears to pose a direct threat because of a disability, you must first try to eliminate or reduce the risk. Instead of just saying, no, this is a direct threat, and you can't participate. So if -- but if you can reduce that risk to an acceptable level with reasonable modifications or reasonable accommodations, policies, practices or procedures, then you are required to do so. An example is, you have a volunteer who has a hearing impairment and they want to answer the emergency calls for a volunteer fire department. Now, they might pose a direct threat if the hearing -- their hearing impairment interferes with their ability to hear the calls or the callers. However, if this threat can be reduced to an acceptable level or basically eliminated by the provision of an auxiliary aid such as a telephone with an amplification or headphones that have adjustable volume, then this individual does not pose a direct threat. So they should, and if they're otherwise qualified, to be considered for that job. Next slide. Access or accessibility. And this is probably the one that we're most familiar with because it deals with ramps and doorways and things like that. Basically access under the ADA covers access to goods, services, and programs in existing buildings. Those would be buildings that were built prior to the law in 1990, so even older buildings have to evaluate their accessibility and make accessibility improvements as they can. It also covers accessible alterations in new construction. Anytime that you make alterations or you have new construction, let's just say you're repaving your parking lot. At that point, if you did not have accessible or legal accessible parking spaces, then that would be the time that you would need to do that. You also need to maintain those accessible features, for example, making sure that the batteries in the assisted listening devices are charged or making sure there's not debris on the accessible sidewalks. Also, your temporary facilities, such as those that you might use in a temporary event or festival, for example, need to be evaluated for accessibility.


In general, if you can just think about universal design, the more accessible things are, the more if we start with accessibility from the very beginning, it doesn't cost that much more to make a building accessible if it's done when you're planning to build the building. It's much more expensive after the building has already been built. And universal design really helps everyone. For example, everyone loves a ramp on moving day. So, really, any accessible feature you put in benefits more than just persons with disabilities. Next slide. When it comes to access, there are ADA accessibility guidelines, and in your resource materials that you'll get today, the 2010 ADA Standards for Accessible Design, those will give you all the information on what is required for the slope of a ramp or the width of doors, things like that, and also, your state building code, and whichever is most stringent is the guideline that you use or the standard that you use. Next slide. As far as the enforcement of the ADA, different federal agencies deal with different titles. In Title I, employment, the U.S. Equal Opportunity, excuse me, the U.S. Equal Employment Opportunity Commission covers employment, which makes sense. Title II, state and local government, that is the U.S. Department of Justice, the Disability Rights Section covers enforcement for that title of the law, but also in conjunction with other designated federal agencies. For example, public transportation is enforced by the Federal Transit Authority. Next slide. And there is a typo on this slide. It's supposed to say Title III, public accommodations, such as private business, are also covered by the U.S. Department of Justice, Disability Rights Section. And Title IV, telecommunications, is covered by the Federal Telecommunications Commission.


Now as far as enforcement is concerned, it’s important -- it's important to know which agency is in charge of enforcement in case you do have a complaint; however, in general, I would just -- I mean – also, just call the Southeast ADA Center and they can tell you exactly you need to talk to. They can tell you, they can give you forms to fill out, because there are publications on filing a complaint under the Americans with Disabilities Act depending on which title and they can give you guidance on that. Next slide. And finally, Title V, the miscellaneous provisions, since most of Title V provisions apply to all the Titles of the ADA, Title V is enforced by the agencies responsible for each Title. Next slide. You are going to receive an e-mail after this presentation with a list of resources and tools that you can use to learn more about the ADA. But one I wanted to highlight was the ADA Building Blocks. It's a free web course, and it covers much of the information that we're talking about today, but in much more detail, and that can be found at ADAbasics.org. Also, just to note that it is, that course is eligible for continuing education credits. Next slide. So here we're going to get back to questions, but before then, I wanted to just say that, again, one of your best resources in our region is the Southeast ADA Center and they can be reached at 1-800-949-4232 or by e-mail at [email protected] or Internet at ADAsoutheast.org. So let's open up the lines for some more questions. I think we have a few more minutes. DONNA SALHANY: All right, we do. One of the questions that we have not covered before, there has been some discussion on it in the chat from individuals, but we'd like to have your response on it. Would reasonable modifications cover homeowner association policies such as permitting a ramp in a home?


KAREN HAMILTON: That is -- that's a very, very good question, and it really will depend. The -- and I am going to -- instead of trying to answer that question, I do know that some homeowners association policies are covered by the ADA. Some things may be covered by Fair Housing laws, and that would be a question that I would call the Southeast ADA Center and ask for some guidance on. Because it gets really technical, depending on exactly what someone is asking for, and different things. So, that could be covered by two different laws. So, sorry I can't answer that specifically. But that's a common question that comes up. DONNA SALHANY: Sounds like a very wise answer. Would a hotel have to provide assistance to a blind customer if they put them in a room far from the elevator? KAREN HAMILTON: Again, it would depend on the individual hotel. It would depend on the size of the hotel. It would depend on the number of staff that they have. Do they provide that kind of assistance to other guests? For example, they may have staff that are available to assist guests with different things. Not even, not just because someone has a disability for whatever. So it would just depend on the individual hotel and what kind of staff they have. It doesn't mean that you can't make the request. But then -- the answer is, it would just depend. Again, I would suggest that you get some information from the Southeast ADA Center. There are some excellent publications on ADA and places of lodging that cover all the different types of things that hotels are required to do and some examples of things that you can ask for. DONNA SALHANY: Okay. Great. When an individual with severe cerebral palsy and is nonverbal is enrolled in a private nonprofit organization's adult day care program, is there an obligation to provide auxiliary aids to enhance communication? KAREN HAMILTON: It’s adult and I'm assuming the adult -- my question would be, if an adult day program, is that a program that serves other people with disabilities or is there -- what did you say, adult daycare program?


DONNA SALHANY: Yes, it said “in an organization's adult day program.” KAREN HAMILTON: Adult day program. The answer is, if they are covered under Title III, public accommodations or private business, and they need to do what's readily achievable. So there may be different ways that the organization can provide auxiliary aids and services. It would just depend on what you are requesting. But what is really good to know too is, first of all -- what are your rights and what are some possible solutions. So when you go to discuss that with the adult day program that you have some ideas of ways they could accommodate you. But you certainly, they certainly have to do what's readily achievable. Which is, to be honest with you, is – probably something that’s usually that's defined as cheap and easy. But, however, it also will depend on the size of the organization, the size of their budget, those types of things. And they may already have -- sometimes I find in recreation programs, they may have purchased adaptive equipment and the new staff or summer staff don't know they are there, so no one knows to request it. So having that conversation with an organization is really important. DONNA SALHANY: Great. We have a comment, not a question, they really like the real world examples that you've used to illustrate your points. How do you define "readily achievable" and "undue burden"?


KAREN HAMILTON: Readily achievable and undue burden, particularly under Title III, which covers private businesses and public accommodation, the standard is like what is -- what is cheap and easy is is it easy for the business to do that? And can it be done without much expense? However, when looking at undue burden and the readily achievable, what's readily achievable for McDonald's, for example, that is nationwide, and what's readily achievable for a mom and pop's restaurant that just, let’s just say, in North Carolina, a little barbecue restaurant, is totally different. It can be very, very different. So they have to look at all -- all their resources in determining whether something is readily achievable. And again, there are some publications that can help walk people through those steps and some information that you get from the Southeast ADA Center that you can provide for business so they can decide too -- so they have more information on how they make that decision. Instead of just saying, no, we can't do that. They have to consider it. DONNA SALHANY: Okay. We've had some information -- questions about how to get to the ADA Basics course, and that will be in your ADA resource that is sent out by e-mail to you. Another question that has been asked is what is Karen Hamilton's contact information and is she available for contact if we have questions in the future? KAREN HAMILTON: Actually, you can contact me at [email protected]. That's the best way to get in contact with me. DONNA SALHANY: And I presume since you've provided that, that you would address questions in the future as your time permits. KAREN HAMILTON: Absolutely. I may have to refer you to the Southeast ADA Center. It depends on the question.


DONNA SALHANY: We have one more comment here. And this is a very good training and a very knowledgeable trainer. And please remember for all attendees, there will be a webinar evaluation mailed out to you and so we need to go ahead and make sure that you do complete your evaluation so that we can know how to go ahead and continue providing you quality training. That was the last question/comment that I have at this moment. We have three minutes left. KAREN HAMILTON: Okay. We have a couple of more slides. Next slide. I just wanted to give a small disclaimer, that the fact that the information I provided today is intended solely as informal guidance, so that -- and if you need more information, I encourage you to contact the Southeast ADA Center. Also, the Southeast ADA Center sponsors several other trainings and they have one coming up next month, the webinar. And I will, we're going to send out information to you in our e-mail, but they asked me to plug that particular training and I don't have the information right in front of me, but I want to let you know that they will be contacting you about some additional trainings that are coming up. And then that's all for me today. Thank you so much for your great questions and thank you for letting me speak this morning and I'll turn it over to Donna. DONNA SALHANY: We thank you for attending today's webinar, ADA Basics with Karen Hamilton. If you have any ADA questions, remember that your first line of action should be to call the ADA hotline number at 1-800-949-4232, which is accessible by both voice and TTY. All information will be kept confidential. You can also check their website at www.adasoutheast.org. Parent to Parent of Georgia is also available for additional assistance, information, and resources for you and your family. You can go to our website at www.p2pga.org or call at 1-800-229-2038.


The information that Karen was talking about on the WADA, ADA Live radio show is this month's informative discussion will be on post-secondary education and student with disabilities. It will be on Wednesday, August 6, 2014, from 1:00 to 1:30. And they will be speaking about students with disabilities do not usually know about other college students with disabilities, their opportunities in higher education or what accommodations are available and how to request them. This episode discusses recommended resources to get you started in learning more about higher education and students with disabilities. And for more information, you can go to www.adalive.org. And please complete and submit the webinar evaluation survey that you will receive by e-mail after the presentation, and the e-mail will also have the resource information related to Karen's webinar, and we, again, thank you for coming to the webinar and this concludes today's webinar. (End of session at 11:00 a.m.)

The Webinar: ADA Basics (July 2014) is a collaboration of: Southeast ADA Center A project of Burton Blatt Institute at Syracuse University phone (voice/tty): 1-800-949-4232 (AL, FL, GA, KY, MS, NC, SC, TN) or 404-541-9001 web: adasoutheast.org Parent to Parent of Georgia (P2PGA) The Southeast ADA Center’s State Affiliate of Georgia phone (voice): 770-451-5484 or 1-800-229-2038 web: www.p2pga.org

DISCLAIMER: The Southeast ADA Center is authorized by the National Institute on Disability and Rehabilitation Research (NIDRR) to provide information, materials, and technical assistance to individuals and entities that are covered by the Americans with Disabilities Act (ADA) under Grant No. H133A110021. However, you should be aware that NIDRR is not responsible for enforcement of the ADA. The information, materials, and/or technical assistance are intended solely as informal guidance, and are neither a determination of your legal rights or responsibilities under the ADA, nor binding on any agency with enforcement responsibility under the ADA. The Burton Blatt Institute at Syracuse University (BBI) does not warrant the accuracy of any information contained herein. Any non-BBI links are provided as a courtesy and do not constitute an endorsement.

http://www.adasoutheast.org/

http://www.p2pga.org/

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