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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.

 


Uatpat.org - The Utah Assistive Technology Program is designed to help you know what assistive technology is available, how to get funding for assistive technology, and to provide you with links and resources.

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