What's new with the ADA?

July 22, 2011 / Source: U.S. Equal Employment Opportunity Commission/U.S. Department of Justice

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.