ADA INFORMATION

5 Title, 3 most important to BPI are:

• Title I Employment

• Title II State and Local Government

• Title Places of Public Accommodation (private businesses and non-profits)

(Narrowed) Definition of Disability: A person with a physical or mental impairment which substantially limits a major life function as compared to most people in the population. The definition of disability under the ADA is intended to be construed broadly in favor of expansive coverage, to the maximum extent permitted by the terms of the ADA. An impairment does not need to prevent, or significantly or severely restrict, the individual from performing a major life activity in order to be considered substantially limiting. The comparison of an individual's performance of a major life activity to the performance of the same major life activity by most people in the general population usually will not require scientific, medical, or statistical evidence. In determining whether an impairment substantially limits a major life activity, the term major shall not be interpreted strictly to create a demanding standard. Whether an activity is a major life activity is not determined by reference to whether it is of central importance to daily life.

Specific Information:

Title I Employment

Covers (Non-Federal) employers which employ 15 or more people. Some states have laws which reduce this threshold. 

A qualified (for the job) person with a disability has the right to reasonable accommodation by an employer if they can perform the essential job functions with or without a reasonable accommodation.

Reasonable Accommodation: a change to the way a job function is normally performed. Can include use of adaptive equipment, reassignment of marginal job functions, changes to the work environment, etc. RA can also be provided for the job interview process and to benefit from the job. 

Disability is not required to be disclosed prior to being offered a job. Should be disclosed before job performance suffers.

The most basic form of request for reasonable accommodation is telling the employer (supervisor) the employee has difficulty with the job due to a medical condition. This is enough to legally initiate the interactive process and place the responsibility of determining a RA onto the employer. 

Employers have the right to request medical documentation from a qualified professional to verify the impairment exists, where it is not obvious. 

Title II Access to State and Local Government

Individuals shall not be discriminated by on the basis of disability in receiving the goods, services, and programs of a State or Local Government entity. 

A public entity shall administer services, programs, and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities.

Does not have the right to request documentation of a disability. Credible verbal assurance is all that is required.

Title II covered entities are required to reasonably modify policies, practices, and procedures where necessary in order to avoid discrimination on the basis of disability. (Physical education, extracurricular activities, typing classes)

Public school systems are Title II entities and will have to follow all Federal and State laws which apply to them. 

Public safety organizations, such as fire and police departments, are also subject to Title II of the ADA.

Title III Access to Places of Public Accommodation (Private business and nonprofits)

Individuals shall not be discriminated by on the basis of disability in receiving the goods, services, and programs of a Place of Public Accommodation.

Reasonable modifications of policies, practices, and procedures are required where necessary to avoid discrimination on the basis of disability. 

Resources:

The Job Accommodation Network https://askjan.org/

The ADA National Network https://adata.org/ 

ILRU Directory of Centers for Independent Living (CILs) and Associations https://www.ilru.org/projects/cil-net/cil-center-and-association-directory 

State Division of Vocational Rehabilitation

State Protection and Advocacy Centers

National Rehabilitation Information Center https://www.naric.com/ 

Department of Justice Civil Rights Violation Complaint intake form https://civilrights.justice.gov/report/