Pacific ADA Center (Region IX)

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.

High Rise Evacuation for People with Disabilities Webinar

"High Rise Evacuation for People with Disabilities" – is the next session in the "Emergency Management and Preparedness - Inclusion of Persons with Disabilities Webinar Series" and was held on April 10th.

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

When emergencies strike and people in high rise structures are involved, organized evacuation of the building is necessary. People with disabilities are often thought to be hindrances to this organized evacuation or, worse, are afterthoughts in the evacuation process – putting them at greater risk. This session, will include representatives from building code, evacuation chair development, and fire agencies to discuss how planning, building codes, and evacuation chair and other technologies are being used to improve the evacuation of people with disabilities from high rise buildings.

• Title: High Rise Evacuation for People with Disabilities
• Presenters:
  • Marsha K. Mazz, Director of the Office of Technical and Information Services at the U.S. Architectural & Transportation Barriers Compliance Board (Access Board);
  • Kimberly Paarlberg – Senior Staff Architect in Technical Services with the International Code Council (ICC)
  • Glenn Hedman, Clinical Associate Professor, Department of Disability & Human Development and the Director, Assistive Technology Unit at the University of Illinois at Chicago and
  • Allan Fraser, Senior Building Code Specialist on the National Fire Protection Association staff

An archive of this webinar can be viewed at www.adaconferences.org/Emergency/Archives

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

Access Board To Hold Meetings in Berkeley in May

On May 9, 2013 from 1:30 pm until 6:30 pm, the Access Board will hold a hearing, a panel discussion, and a reception. The hearing will focus on an upcoming Notice of Proposed Rulemaking on accessibility guidelines for ferries, cruise ships, excursion boats, and other passenger vessels. A panel discussion entitled, "Architecture and Urban Planning for the 21st Century: How Can We Foster Accessibility?" will occur after the hearing. Members of the public may ask questions and make comments. The public also is invited to attend the reception at 5:30 pm.

Location:
Ed Roberts Campus (at the Ashby BART Station)
3075 Adeline St.
Berkeley, CA 94703

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

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.

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

• Adoption of the 2010 Standards for Accessible Design. Fact sheets that discuss the changes to the regulations.
• ADA Standards for Accessible Design. The latest ADA standards are closely based on the Board's updated ADA and ABA Accessibility Guidelines but include several additional requirements.
• DOJ's guidance on the 2010 Standards. This explanatory information from the regulations addresses the scoping and technical provisions of the 2010 Standards.