Pacific ADA Center (Region IX)

The purpose of the Pacific ADA Center is to build a partnership between the disability and business communities and to promote full and unrestricted participation in society for persons with disabilities through education and technical assistance.



Webinar. Nontraditional Emergency Shelters and People with Disabilities

Announcing “Nontraditional Emergency Shelters and People with Disabilities” - the next session in the “Emergency Management and Preparedness - Inclusion of Persons with Disabilities Webinar Series” to be held on May 8th, 2014.

Produced by the Pacific ADA Center and supported by the Great Lakes ADA Center.

Disasters can be unpredictable in scope, scale and size. In most cases, traditional shelters will meet an incident's needs. However, in some disasters, there may be a need to establish non-traditional shelters to meet 1) disaster survivors' immediate needs or 2) the need to locate residents closer to their community during the recovery phase. Non-traditional shelters may include soft sided structures in open areas as well as mega-shelter sites. Each presents a unique set of circumstances which require specific planning in order to meet the needs of people with disabilities and others with access and functional needs. This webinar will identify specific planning considerations relative to nontraditional sheltering in order to adequately meet the needs of the whole community.

We encourage you to join us on May 8th, 2014.

Time: 2pm ET/1pm CT/12 noon MT/11am PT/8am Hawaii.

Learning Objectives:

  • Identify functional needs support services (FNSS) planning considerations for a nontraditional shelter response.
  • Identify specific issues that will need to be discussed, in advance, with partners and vendors to ensure accessibility and accommodation for people with disabilities and others with access and functional needs.
  • Identify FNSS related considerations when conducting long term nontraditional shelter operations.

Presenters:

  • Kari Tatro - Executive Vice President of Emergency Management Operations,BCFS HHS

Registration:  Free on-line at www.adaconferences.org/Emergency

These 90 minute webinars are delivered using the Blackboard Collaborate webinar platform and all sessions will be closed captioned.

U.S. Access Board Enhances Animations on the ADA and ABA Standards

The U.S. Access Board recently released a series of animations as part of its new online guides on the Americans with Disabilities Act (ADA) Accessibility Standards and the Architectural Barriers Act (ABA) Accessibility Standards. Upon launch of the guides, website server constraints may have impacted playback of the animations. These constraints have been resolved and the animation files further optimized to improve performance. If you encountered difficulty playing any of the animations, please revisit the Guide to the ADA Standards or the Guide to the ABA Standards. The Access Board regrets any inconvenience users may have experienced.

National ADA Symposium will be held in Denver, Colorado on June 15-18, 2014.

The conference schedule features 72 break-out sessions providing information on a wide range of topics related to the ADA presented by nationally recognized experts.

Register today at http://adasymposium.org.

"Emergency Management and Preparedness - Inclusion of Persons with Disabilities" Webinar Series

National state, and local entities and communities are increasingly planning emergency management and preparedness to handle disasters. Emergencies and disasters can be particularly concerning for people with disabilities. Successful outcomes for people with disabilities in disasters will depend on the how inclusive the plans are. These free 90 minute webinars will focus on key strategies and approaches at various levels (federal, state, and local) toward emergency management and preparedness and the inclusion of people with disabilities.

All webinars start at 2pm ET/1pm CT/12pm MT/11am PT/8am Hawaii.

Upcoming webinars:

  • May 8th, 2014. Nontraditional Emergency Shelters and People with Disabilities

Past webinars:

  • March 27th, 2014. Evacuation Chairs: Recent Research and New Performance Standards
  • January 8th, 2014. Oakland California's Journey from Emergency Management Defendant to Model City for Inclusionary Practices
  • November 12th, 2013. Communication with People with Disabilities in Disasters
  • September 26th, 2013. Evacuation and Transportation in Emergencies for People with Disabilities
  • June 26th, 2013. Using FEMA's functional needs guidance in shelters
  • April 10th, 2013. High Rise Evacuation for People with Disabilities
  • October 25th, 2012. The State, Local and Community Response to Emergencies - How Disability Fits (Part 2 - Response)
  • September 13th, 2012. The State, Local, and Community Response to Emergencies- How Disability Fits (Part 1- Planning)
  • August 22nd, 2012. The Federal Response to Emergencies and Disasters - How Disability Fits

Archives can be found at: http://www.adaconferences.org/Emergency/Archives/

New York City Must Add Accessible Taxicabs

Fifty percent of New York City's taxicabs must be accessible by 2020, as required by a recent settlement between New York City and United Spinal Association and other disability groups. The settlement requires taxi fleets to replace, through attrition, at least half of taxi vehicles with wheelchair-accessible vehicles until 50 percent of the entire fleet is accessible to people who use wheelchairs and scooters.

Read more about New York City Must Add Accessible Taxicabs

Justice Department Reaches Agreement with Oklahoma Child Care Center to Ensure Equal Rights for Children with Disabilities

The Justice Department announced today that it has reached a settlement with Camelot Child Development Center of Oklahoma City and Edmond, Okla., under the Americans with Disabilities Act (ADA). The settlement resolves allegations that Camelot violated the ADA by prohibiting a child with Down syndrome from field trips, and threatening to expel her, because of her developmental delays. Because the child is not fully toilet-trained, she wears pull-up diapers and requires help with toileting. Camelot provides toileting assistance to younger children, but Camelot refused to provide such assistance to the child with Down syndrome during field trips. As a result, the child could not join in these outings with the other children. In addition, at one point, Camelot threatened to expel the child because of her need for toileting assistance.

Read more about Justice Department Reaches Agreement with Oklahoma Child Care Center to Ensure Equal Rights for Children with Disabilities

Southwest Airlines to Offer Closed Captioning on Wireless Inflight Entertainment in Early 2014

Southwest Airlines will be among the first carriers in the United States to introduce closed captioning to its wireless video entertainment product when the low-cost giant rolls out CC in early 2014.

The move will come as welcome news to the many deaf and hard of hearing passengers who have been calling on airlines here and abroad to offer CC on in-seat and wireless in flight entertainment systems.

Read more about Southwest Airlines to Offer Closed Captioning on Wireless Inflight Entertainment in Early 2014

FCC Announces New Procedures for Communications Accessibility Informal Complaints

The FCC released a Public Notice noting that October 8, 2013 marked the third anniversary of the Twenty-First Century Communications and Video Accessibility Act (CVAA) and the start of new procedures for consumers to file requests for dispute assistance and informal complaints about the accessibility of the following technologies used for communication:

  • Advanced communications services and equipment (such as cellphones, smartphones, computers, laptops, and tablets used for text messaging, e-mail, or instant messaging);
  • Internet web browsers built into mobile phones; and
  • Telecommunications services and equipment (such as telephones).

An overview of the new communications accessibility informal complaint procedures is also available at http://www.fcc.gov/accessibility-complaints-255-716-718-action-options.

This information is also available through the FCC complaints system at http://www.fcc.gov/complaints by selecting "Access by People with Disabilities."

To learn more about the FCC's accessibility requirements for communications and video programming services and equipment, visit: http://www.fcc.gov/accessibility-complaints-more.

Links to the Public Notice:
Word: http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-13-2177A1.docx
PDF: http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-13-2177A1.pdf

National Council on Disability Explores Scope of and Solutions to Veterans Backlog

In partnership with current and former service members, the National Council on Disability (NCD) - an independent federal agency that advises the President, Congress and other federal agencies on disability policy - has released a report titled, "Clearing the Backlog and Facilitating Benefits for America's Veterans." The 80-page report includes opinions and evaluations by key stakeholders, buoyed by the insights of experts, in addressing the current state of the Department of Veterans Affairs (VA) disability claims backlog.

Read more about National Council on Disability Explores Scope of and Solutions to Veterans Backlog

Court Says New York Neglected Disabled in Emergencies

November 7th, 2013. New York City has violated the rights of about 900,000 of its residents with disabilities by failing to accommodate for their needs during emergencies, a federal judge ruled.

The ruling arose from a lawsuit filed in 2011 after Tropical Storm Irene, but came into sharper focus after Hurricane Sandy, when many New Yorkers with disabilities were stranded for days. The judge, Jesse M. Furman of Federal District Court in Manhattan, found that the city, through "benign neglect," was in violation of the Americans With Disabilities Act.

Read more about Court Says New York Neglected Disabled in Emergencies

Hotel Fires Woman With Respiratory Disabilities

On October 3rd, Equip for Equality filed a federal civil rights lawsuit against the Paddle Wheel Inn for its discriminatory termination of Donna Colvin, an employee with disabilities who needed to use oxygen in the workplace. The lawsuit was filed in the United States District Court in the Northern District of Illinois, Western Division.

Ms. Colvin was a front desk clerk at the Paddle Wheel Inn for four years. She has asthma, chronic obstructive pulmonary disease and sleep apnea. As a result of these disabilities, her doctor recommended that she use oxygen at work. When Ms. Colvin told her employer about her doctor's recommendation, she was terminated.

Read more about Hotel Fires Woman With Respiratory Disabilities

Access Board Publishes Final Rule for Outdoor Developed Areas

New Standards Apply to Federal Trails, Picnic Areas, Campgrounds

On September 26, the U.S. Access Board published its Final Rule on accessibility standards for outdoor developed areas including trails, picnic areas, campgrounds, scenic viewing areas and beaches. The new standards are part of the Architectural Barriers Act. The final rule applies to the following federal agencies and their components that administer outdoor areas developed for recreational purposes: Department of Agriculture (Forest Service); Department of Defense (Army Corps of Engineers); and Department of the Interior (Bureau of Land Management, Bureau of Reclamation, Fish and Wildlife Service, National Park Service). The final rule also applies to non-federal entities that construct or alter recreation facilities on federal land on behalf of the federal agencies pursuant to a concession contract, partnership agreement, or similar arrangement. The new standards will become effective November 25, 2013.

The rule can be viewed at: http://www.access-board.gov/guidelines-and-standards/recreation-facilities/outdoor-developed-areas/final-guidelines-for-outdoor-developed-areas.

DOT Fines Virgin America for Failing to Make In-Flight Safety Videos Accessible

The U.S. Department of Transportation (DOT) today fined Virgin America $150,000 for failing to make its in-flight safety video accessible to passengers with hearing impairments. The airline also was ordered to cease and desist from further violations.

"Safety is our number-one priority and that includes ensuring that every airline passenger has access to airline safety briefings," said U.S. Transportation Secretary Anthony Foxx. "We will continue to take enforcement action when our disability rules are violated so that all passengers are aware of critical, potentially life-saving information".

An investigation by DOT's Aviation Enforcement Office found that since October 2007, when the airline first began scheduled service, Virgin America used its in-flight entertainment system to present the pre-flight safety briefing but failed to ensure that the video was accompanied either by open captioning or an inset for a sign language interpreter. This violated DOT's rule, which is part of its regulations implementing the Air Carrier Access Act, requiring video safety briefings to be accessible to passengers with hearing impairments.

Although captioning for in-flight safety videos created before Nov. 10, 2009, is not required to be in high contrast, Virgin America has agreed to add high-contrast captioning to its video by Sept. 30, 2013.

The consent order is available at docket: DOT-OST-2013-0004

DOL Announces New 503 & VEVRAA Rules

Today, August 28th, 2013, the U.S. Department of Labor announced the release of two new rules to improve hiring and employment of veterans and people with disabilities. These rules update requirements under the Vietnam Era Veterans' Readjustment Assistance Act of 1974 (VEVRAA) and Section 503 of the Rehabilitation Act of 1973. The new VEVRAA rules require contractors to create and monitor benchmarks related to the employment of veterans, and the Section 503 rules introduce a hiring goal that 7% of individuals in each job group within contractor organizations be qualified individuals with disabilities.

To learn more about these new rules visit: www.dol.gov/ofccp/VEVRAARule and www.dol.gov/ofccp/503Rule

.

U.S. Access Board Board Releases Guidance on Access to Prescription Drug Container Labels

New guidance is now available from the Access Board on how to make prescription drug container labels accessible to older adults and/or people with vision impairments. The important information labeling prescription medications, including dosage and other instructions, side effects, and expiration dates, is often inaccessible to those unable to read print or small type.

Read more about U.S. Access Board Board Releases Guidance on Access to Prescription Drug Container Labels

U.S. Access Board Releases Proposed Guidelines for Passenger Vessels

The U.S. Access Board has released for public comment proposed guidelines for passenger vessels. Developed under the Americans with Disabilities Act (ADA), the guidelines provide design criteria for large vessels when newly constructed or altered to ensure that they are accessible to people with disabilities. The guidelines address various features of vessel accessibility and include provisions for onboard routes, vertical access between decks, doorways and coamings, toilet rooms, guest rooms, alarm systems, and other spaces and elements used by passengers.

Read more about U.S. Access Board Releases Proposed Guidelines for Passenger Vessels

10 Easy Accessibility Tips Anyone Can Use

To celebrate Global Accessibility Awareness Day (GAAD) and to help promote accessibility, WebAIM has published 10 simple accessibility tips that most anyone can implement today into their web sites to make them more accessible.

Read more about 10 Easy Accessibility Tips Anyone Can Use

Popular ADA Resource Booklet Revised

The ADA Questions and Answers Booklet (popularly known as the "Little Yellow Book") has been updated and is now available on-line. This version has updated and new information reflecting the changes in the ADA and the ADA Amendments Act.

The booklet is available in both HTML and PDF versions.

USDOJ ADA Barrier-Free Health Care Initiative

The U.S. Department of Justice has a new Americans with Disabilities Act (ADA) Barrier-Free Health Care Initiative to make sure that people with disabilities have access to medical information, treatment, and facilities that are accessible. The initiative targets people who are Deaf or hard of hearing, are HIV-positive, and those who have mobility disabilities.

Read more about USDOJ ADA Barrier-Free Health Care Initiative

Department of Education Issues Section 504 Guidance on Extracurricular Activities Participation

To ensure that students with disabilities consistently have opportunities to participate in extracurricular athletics and other activities equal to those of other students, the U.S. Department of Education issued guidance to clarify and communicate responsibilities under Section 504 of the Rehabilitation Act of 1973 for all schools that receive Federal financial assistance.

Read more about Department of Education Issues Section 504 Guidance on Extracurricular Activities Participation

Upcoming Webinars ADA National Network logo

New and interesting webinars on the ADA, accessibility standards, and other disability civil rights laws are offered frequently by the ADA National Network. With all the recent changes in the ADA, you can’t afford to miss them! Register today and increase your knowledge.

ADA-Audio Webinar series provides in-depth information on the ADA, Accessible Information Technology, and other related topics.

Accessibility Online Webinar series provides free webinars by the US Access Board on different topics of accessibility.

Netflix to Provide Closed Captioning on Streaming Content

Netflix Inc. and the National Association of the Deaf (NAD), a non- profit organization, have submitted a joint Consent Decree to a federal court in Springfield, Mass., ensuring closed captions in 100% of Netflix streaming content within two years. The court decision in this case is particularly important because it specifies that online-only businesses are covered as public accommodations under Title III of the ADA.

Read more about Netflix to Provide Closed Captioning on Streaming Content

FCC Publishes Internet Protocol (IP) Closed Captioning Rules

The Federal Communications Commission (FCC) published the Internet Protocol (IP) closed captioning rules in the Federal Register. The effective date for these rules is April 30, 2012. According to the rules, both new and re-aired video programming shown on the Internet must have captions based on specific schedules established by the Federal Communications Commission (FCC).

For more information, visit http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-138A1.txt

High Court Decides Disability Employment Case

The ministerial exception is based on the First Amendment's guarantee of religious freedom, and states that religious organizations are not subject to employment-related non-discrimination laws for employees who are members of the clergy and/or have significant ministerial duties. Because this case was so specific on its facts, however, future lower court decisions could find that employees of religious entities, like religious schools, are not covered by the ministerial exception, and therefore are not barred from bringing ADA or other employment discrimination claims.

More information on this case can be found on the Supreme Court website.

ADA National Network Fact Sheet Series on the Title II & III Regulations

The ADA National Network has produced a series of 9 fact sheets that provide an overview of the updated ADA regulations and accessibility standards for Title II and Title III entities. The fact sheet topics are:

  • Overview of the Revised Titles II & III Regulations
  • Effective Communication
  • Examinations and Courses
  • Transient Lodging
  • Ticketing
  • Wheelchairs & Other Power-driven Mobility Devices
  • Correctional Facilities
  • Overview of the 2010 ADA Standards for Accessible Design

These fact sheets can be found on the ADA National Network's website.

New Guidance on ADA Title I

Recently, the U.S. Equal Employment Opportunity Commission (EEOC) posted new guidance regarding Title I of the Americans with Disabilities Act (ADA) on conduct & performance of employees. The guidance from the EEOC addresses what steps are appropriate for employers to take where a disability is causing - or seems to be causing - a performance or conduct problem, when a request for accommodation should be made, etc.

More information on these guidelines can be found on the EEOC's website.

2010 Standards Highlights

The 2010 Standards went into effect on March 15, 2012. Section 707 of the 2010 Standards adds specific technical requirements to ATMs for speech output, privacy, tactilely-discernible input controls, display screens, and Braille instructions.

More information can be found on the DOJ's ADA website.

ADA Transportation Regulation Amendment

Effective October 19, 2011, the U.S. Department of Transportation (DOT) amended its Americans with Disabilities Act (ADA) regulations to require intercity, commuter and high-speed passenger railroads to ensure, at new and significantly renovated station platforms, that passengers with disabilities can get on and off any accessible car of the train.

More information on these regulations can be found on the GPO's website.

HUD Guidance on Olmstead Community Living

HUD's Office of Fair Housing and Equal Opportunity (FHEO) issued guidance to assist persons with disabilities in making the transition from institutionalization to community living. This guidance is consistent with the enforcement of the Olmstead decision which requires government entities to provide community living opportunities for people with disabilities under Title II of the Americans with Disabilities Act (ADA).

More information on these guideline can be found on HUD's website.

Recent Settlement Agreements and Lawsuits FiledLegal scales

Our lawsuit page has up-to-date information on important settlement agreements and legal decisions on the ADA and related disability civil rights laws.

New National Council on Disability Report Looks at Disability Policy

The National Council on Disability (NCD) recently published National Disability Policy: A Progress Report. The NCD report assesses the current state of people with disabilities in America and how current laws such as the Americans with Disabilities Act, emerging trends, and government policies are impacting the quality of their lives.

More information on this report can be found on the NCD website.

What's new with the ADA?

Employment and the ADA (Title I):

  • Frequently asked questions on the ADA Amendments Act
  • New TI Regulations
  • What is Title I?
    Title I prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment.
  • What is a Reasonable Accommodation?
    A Reasonable Accommodation requires an employer to provide reasonable accommodation to qualified individuals with disabilities who are employees or applicants for employment, unless to do so would cause undue hardship. "In general, an accommodation is any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities." There are three categories of "reasonable accommodations":

    (i) modifications or adjustments to a job application process that enable a qualified applicant with a disability to be considered for the position such qualified applicant desires; or

    (ii) modifications or adjustments to the work environment, or to the manner or circumstances under which the position held or desired is customarily performed, that enable a qualified individual with a disability to perform the essential functions of that position; or

    (iii) modifications or adjustments that enable a covered entity's employee with a disability to enjoy equal benefits and privileges of employment as are enjoyed by its other similarly situated employees without disabilities.

New State and Local Government ADA rules (Title II)

  • Fact sheet on the new Title II requirements
  • New TII Regulations
  • What is the purpose of Title II of the ADA?
    Title II prohibits discrimination on the basis of disability in any programs, services, or a activity provided or made available by a public entity
  • What does program access mean?
    A public entity shall operate each program or activity, when viewed in its entirety, is readily accessible to and usable by individuals with disabilities. A public entity can comply with the requirements of this section through such means as redesign or acquisition of equipment, reassignment of services to accessible buildings, assignment of aides to beneficiaries, home visits, delivery of services at alternate accessible sites, alteration of existing facilities and construction of new facilities, use of accessible rolling stock or other conveyances, or any other methods that result in making its services, programs, or activities readily accessible to and usable by individuals with disabilities. A public entity is not required to make structural changes in existing facilities where other methods are effective in achieving compliance with this section. A public entity, in making alterations to existing buildings, shall meet the accessibility requirements of the ADA specified at section 35.151 (New Construction and alterations). In choosing among available methods for meeting the requirements of this section, a public entity shall give priority to those methods that offer services, programs, and activities to qualified individuals with disabilities in the most integrated setting appropriate.
  • What is a reasonable modification under Title II?
    A reasonable modification is an adjustment to rules, policies, or practices that would result in providing an individual with a disability the opportunity to benefit from or participate in a program or service of a title II entity. A modification would not be considered reasonable if the modifications would fundamentally alter the nature of the service, program, or activity.

New rules for public accommodations (Title III)

  • Fact sheet on the new Title III requirements
  • New TIII Regulations
  • What is the purpose of Title III?

    Title III prohibits discrimination on the basis of disability in any programs, services, or a activity provided or made available by a private entity open to the public.

    Title III also specifies the design requirements for new construction and modifications of commercial facilities and obligations for barrier removal in public accommodations.

  • What is a reasonable modification under Title III?
    A reasonable modification is an adjustment to rules, policies, or practices that would result in providing an individual with a disability the opportunity to benefit from or participate in a program or service of a title II entity. A modification would not be considered reasonable if the modifications would fundamentally alter the nature of the service, program, or activity.

2010 Design Standards

Collaborative Training Program of Accessibility Online Web site ADA Centers and Access Board

The National Network of ADA Centers and the US Access Board are conducting a collaborative training program. The program includes a series of free webinars and audio conferences on different topics of accessibility. Sessions are held on a monthly basis and cover a variety of topics concerning accessibility to the built environment, information and communication technologies, and transportation.

More information can be found at:
http://www.access-board.gov/webinars.htm#upcoming

Accessible Technology for All Accessible tech Web site

The purpose of AccessibleTech.org is to build a partnership between the disability and business communities and to promote full and unrestricted participation in society for persons with disabilities through the promotion of technology that is accessible to all.

Technology makes access to jobs, goods, and services possible for people with disabilities - easier for all.

Visit AccessibleTech.org today at www.AccessibleTech.org

Distance Learning Series

The Distance Learning Series provides in-depth information on the Americans with Disabilities Act (ADA), Accessible Information Technology and other related topics.

To register or for more information, visit our Distance Learning page.