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Resource
Center Fr.
Paul Zahler |
To be protected by the ADA, one must have a disability or have a relationship or association with an individual with a physical and mental challenges. An individual with challenges is defined by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment. The ADA does not specifically name all of the impairments that are covered. ADA Title 1: Employment Title I requires employers with 15 or more employees to provide qualified individuals with challenges an equal opportunity to benefit from the full range of employment-related opportunities available to others. For example it prohibits discrimination in recruitment, hiring promotions, training, pay, social activities, and other privileges of employment. Religious entities with 15 or more employees are covered under title I. Title I complaints must be filed with the U.S. Equal Employment Opportunity Commission (EEOC) within 180 days of the date of discrimination, or 300 days if the charge is filed with a designated State or local fair employment practice agency. Individuals may file a lawsuit in Federal court only after they receive a "right-to-sue" letter from the EEOC. Charges of employment discrimination on the basis of disability may be filed at any U.S. Equal Employment Opportunity Commission field office. Field offices are located in 50 cities throughout the U.S. and are listed in most telephone directories under "U.S. Government." ADA Title II: State and Local Government Activities Title II covers all activities of State and local governments regardless of the government entity's size or receipt of Federal funding. Title II requires that State and local governments give people with challenges an equal opportunity to benefit from all of their programs, services, and activities (e.g. public education, employment, transportation, recreation. health care, social services, courts, voting, and town meetings). State and local governments are required to follow specific architectural standards in the new construction and alteration of their buildings. They also must relocate programs or otherwise provide access in inaccessible older buildings, and communicate effectively with practices, and procedures where necessary to avoid discrimination, unless they can demonstrate that doing so would fundamentally alter the nature of the service, program, or activity being provided. Complaints of title II violations may be filed with the Department of Justice within 180 days of the date of discrimination. In certain situations, cases may be referred to a mediation program sponsored by the Department. The Department may bring a lawsuit where it has investigated a matter and has been unable to resolve violations. For more information or to file a complaint, contact: Disability Rights
Section Title II may also be enforced through private lawsuits in Federal court. It is not necessary to file a complaint with the Department of Justice (DOJ) or any other Federal agency, or to receive a "right-to-sue" letter, before going to court. ADA Title II: Public Transportation The transportation provisions of title II cover public transportation services, such as city buses and public rail transit (e.g. subways, commuter rails, Amtrak). Public transportation authorities may not discriminate against people with challenges in the provision of their services. They must comply with requirements for accessibility in newly purchased vehicles, in an undue burden, provide Para transit where they operate fixed-route bus or rail systems. Para transit is a service where individuals who are unable to use the regular transit system independently (because of a physical or mental impairment) are picked up and dropped off at their destinations. Questions and complaints about public transportation should be directed to: Federal Transit
Administration
Title III covers businesses and nonprofit service providers that are public accommodations, privately operated entities offering certain types of courses and examinations, privately operated transportation, and commercial facilities. Public accommodations are private entities that own, lease, lease to, or operate facilities such as restaurants, retail stores day care center etc.. Public accommodations must comply with basic nondiscrimination requirements that prohibit exclusion, segregation, and unequal treatment. They also must comply with specific requirements related to architectural standards for new and altered buildings; reasonable modifications to policies, practices, and procedures; effective communication with people with hearing, vision, or speech disabilities; and other access requirements. Additionally, public accommodations must remove barriers in existing buildings where it is easy to do so without much difficulty or expense, given the public accommodation's resources. Courses and examinations related to professional, educational, or trade-related applications, licensing certifications, or credentialing must be provided in a place and manner accessible to people with challenges, or alternative accessible arrangements must be offered. Commercial faculties, such as factories and warehouses, must comply with the ADA's architectural standards for new construction and alterations. Complaints of title III violations may be filed with the Department of Justice. In certain situations, cases may be referred to a mediation program sponsored by the Department. The Department is authorized to bring a lawsuit where there is a pattern or practice of discrimination in violation of title III Disability Rights
Section
Title IV addresses telephone and television access for people with hearing and speech delays. It requires common carriers (telephone companies) to establish interstate and intrastate telecommunications relay services (TRS) 24 hours a day, 7 days a week. TRS enables callers with hearing and speech delays who use text telephones (TTY's or TDD's), and callers who use voice Telephones, to communicate with each other through a third party communications assistant. The Federal Communications Commission (FCC) has set minimum standards for TRS services. Title IV also requires closed captioning of Federally funded public service announcements. For more information about TRS, contact the FCC at: Federal
Communications Commission |
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Copyright © 2002 by National Institute on Developmental Delays. All rights reserved. |