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AT Manual
What Is AT
Mandate for Accessibility
Community Resources
AT Devices
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Mandate
for Accessibility:
What
the Law Says! Overview of the Americans with Disabilities
Act The following information on the ADA was gathered from
the Americans with Disabilities Act Handbook published by
the U.S. Equal Employment Opportunity Commission and the
U.S. Department of Justice. This chapter will provide you
with information on how and why assistive technology can
play such a pivotal role in helping individuals gain and
maintain independence.
- Title
I: Equal Employment Opportunity for Individuals with
Disabilities Title I of the ADA prohibits employers,
employment agencies, or labor organizations from
discrimination in employment against qualified people
with disabilities. It seeks to ensure access to equal
employment opportunity based on merit. It does not
guarantee equal results, establish quotas, or require
preferences favoring individuals with disabilities over
those without disabilities.
- Title
II: Nondiscrimination on the Basis of Disability in State
and Local Government Services Title II of the ADA
protects qualified persons with disabilities from being
excluded from or denied the services, programs, or
activities of a public organization. This applies to all
state and local governments, their departments, and
agencies. It extends the requirements of section 504 of
the Rehabilitation Act of 1973 to all state and local
government entities, including those that do not receive
federal funds. Existing Facilities A public organization
shall operate services, programs, or activities so they
are readily accessible to and useable by individuals with
disabilities. Aging and Senior Citizen Center Systems
Aging and Senior Citizen Center systems must comply with
the ADA in all of their services, programs and
activities, including those open to caregivers, family
members, or to the public. For instance, aging and senior
citizen center systems must provide program accessibility
to seniors, caregivers, family members and guardians with
disabilities. They must also provide appropriate
auxiliary aids and services whenever necessary to ensure
effective communication, as long as providing the
auxiliary aids does not place an undue burden or
fundamentally alter the program. Communication A public
organization must take appropriate steps to ensure
communication with applicants, participants, and members
of the public with disabilities are as effective as
communication with others. They should furnish
appropriate auxiliary aids and services where necessary
to allow an individual with disabilities an equal
opportunity to participate in and enjoy the benefits
conducted by the public organization. In determining what
type of auxiliary aid and service is necessary, a public
organization should give primary consideration to the
requests of the individual with disabilities.
Telecommunication Devices for the Deaf (TDD's) Public
organizations that communicate by telephone with
applicants and beneficiaries should use TDD's or equally
effective telecommunication systems to communicate with
individuals with impaired hearing or speech. Where relay
services are available, those services may be used to
meet the requirement. Utah has a statewide relay service,
(801) 262-3931. Utah's toll free telephone number for
customers with disabilities is (800) 223-3131.
Information and Signage A public organization should
ensure interested persons, including persons with
impaired vision or hearing, can gain information about
the existence and location of accessible services,
activities and facilities. A public entity should provide
signage at all inaccessible entrances to each of its
facilities, directing users to an accessible entrance or
to a location where they can obtain information about
accessible facilities. The international symbol for
accessibility should be used at each accessible entrance
to the facility. The wheelchair is the international
symbol.
- Title
III: Public Accommodations Title III of the ADA mandates
public accommodations for all individuals in areas such
as restaurants, hotels, theatres, doctor's offices,
service establishments, hospitals, museums, libraries,
parks, private schools, and day care programs. The law
prohibits discrimination on the basis of disability in
the provision of goods and services from these entities.
Reasonable changes in policies, practices, and procedures
must be made in already existing entities, to avoid
discrimination. Auxiliary aids and services shall be made
available for individuals with sensory impairments such
as hearing or visual disabilities, unless an undue burden
would result. There are various alternatives that meet
the requirements for any single impairment. Title III
requires the accommodation shall be in alternative
formats for the person with a disability. Physical
barriers in existing facilities must be removed, if
readily achievable (i.e., if it can be done with little
expense or difficulty). If this cannot be accomplished,
an alternative method to provide the service must be put
into place (i.e., such as ramping of stairs). All new
places of public accommodation must be designed and
constructed to be readily accessible to individuals with
disabilities. Buildings that are three stories or less
are not required to have an accessible elevator unless
the building is a shopping mall, health care provider, or
a professional business. New construction and alterations
of existing facilities must comply with the ADA
Accessibility Guidelines (ADAAG). All new buses or other
transportation must be accessible if providing services
to the general public. All new over-the-road buses must
also be accessible.
- Title
IV: Telecommunications Title IV of the ADA mandates
telecommunication should be made available to all
individuals in the United States in a rapid, efficient,
nationwide communication service. Further mandates
require an increase in the utility of the national
telephone system. The Federal Communication Commission
shall ensure availability of interstate and intrastate
telecommunication relay services to the maximum extent
possible, and in the most efficient manner, to
hearing-impaired and speech-impaired individuals in the
United States.
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