In this instance, most likely yes. An employer needs to provide an effective reasonable accommodation that will allow an employee to perform their essential job functions as long as this does not impose an undue hardship. The level of complexity involved in this case would require an interpreter to facilitate communication to ensure the employee is fully capable of using the new system. In general, an interpreter would be appropriate for key workplace interactions such as trainings, staff meetings, or a performance review. In order to claim an undue hardship, an employer has to look at not only the cost, but consider its own size, financial resources, and the nature and structure of its operation.

No. The ADA covers private employers with 15 or more employees, state and local government employers, employment agencies, labor organizations, and labor-management committees. Federal employees’ rights are protected by Section 504 of the Rehabilitation Act. Employees of private employers with less than 15 employees are often covered under state laws. For example, employers with 4 or more employees are subject to the New York State Human Rights Law which affords similar protections as the ADA.

The employer may (but is not required to) collect medical information to substantiate that the employee has a disability and to identify a reasonable accommodation.

Yes. Your disability disclosure should be kept confidential and should be treated as private information.

Generally speaking, no. There is no specific criteria nor any particular words that an employee must use in asking for a reasonable accommodation. The employee simply needs to let the employer know that a change at work is needed due to a medical condition. Some businesses have a formalized accommodation request process. Check with your human resources contact person to find out what the process is.

No. The only disability related question an employer can ask is if an applicant is able to perform the essential job functions with or without a reasonable accommodation. Further, this is a “yes/no” question which should not be followed by additional questions on accommodation needs or other disability-related information. Employers cannot ask about a history of disability. They cannot ask what kinds of accommodations might be needed to perform a job as it could be another way of asking if an applicant had a disability. It is the applicant’s decision whether or not to disclose a disability.

State funded schools such as universities, community colleges and vocational schools are covered by Title II of the ADA. Private colleges and vocational schools are covered by Title III. Also, Section 504 of the Rehabilitation Act covers any school that receives federal funds. All of these schools are required to make their programs accessible to qualified students with disabilities. A postsecondary entity may not discriminate on the basis of disability. It must ensure that the programs it offers, including extracurricular activities, are accessible to students with disabilities. They can do this in a number of ways: by providing architectural access, providing aids and services necessary for effective communication, and by modifying policies, practices and procedures. Modifications will always vary based on the individual student's needs. Modifications of policies and practices are not required when it would fundamentally alter the nature of the service, program, or activity. The postsecondary program cannot have eligibility requirements that screen out people with disabilities. Application forms cannot ask applicants if they have a history of any disability. Institutions may impose criteria that relate to safety risks but these criteria must be based on actual risk and not on stereotypes or assumptions about a disability.

Institutions or colleges operated by religious entities are not covered by the ADA. However, they must comply with Section 504 of the Rehabilitation Act, which prohibits discrimination based on disability, if the school receives federal funds.

Private schools are covered by Title III of the ADA. Covered institutions must eliminate unnecessary eligibility standards that exclude people with disabilities; make reasonable modifications in policies, practices and procedures that deny access to individuals with disabilities; and provide auxiliary aids (for example: assistive technology, interpreters, materials in alternative formats, etc.). The only exception is if the modification would cause a fundamental alteration on the nature of the program; or an undue burden on the institution.

There are two key provisions of Title II of the ADA that public entities must provide: (1) program access (2) in an integrated setting unless separate programs are necessary to ensure equal benefits or services. Program access under Title II means that school districts are required to operate their programs so that when viewed as a whole they are accessible to and usable by individuals with disabilities. This view should include any supplementary aids and services needed to ensure that students with disabilities can participate to the maximum extent possible in the school’s courses and programs. Complaints should be addressed to local or state officials. First, address your public school complaint to the local school district and then to the state department of education. The U.S. Department of Education’s Office for Civil Rights (OCR) enforces several federal civil rights laws that prohibit discrimination in programs or activities that receive federal funds from the Department of Education. Discrimination complaints based on the two ADA provisions mentioned above may be filed with OCR using the online complaint form (http://www2.ed.gov/about/offices/list/ocr/complaintintro.html?src=ct), or by contacting the OCR enforcement office that serves your state. File the complaint within 180 days of the incident.

Title II of the ADA prohibits discrimination on the basis of disability by public entities. This includes public elementary, middle, secondary and post-secondary schools. The ADA extends the nondiscrimination requirements outlined in Section 504 of the Rehabilitation Act to all State and Local Government entities including public schools. As in other settings, the individual must meet the definition of disability under the ADA to be covered. Any student who meets the eligibility criteria for services under IDEA will also be covered by both Section 504 of the Rehabilitation Act and the ADA. Since the ADA uses a different definition of disability than IDEA, some students who are not eligible for services under IDEA will be eligible for services under the ADA and Section 504.

The Northeast ADA Center's primary focus is the ADA. If you have questions regarding Social Security, Medicare/Medicaid, we may be able to provide you appropriate referrals and their contact information. The phone number for Social Security Administration is 1.800.772.1213.  For information on your state Medicaid program, visit www.medicaid.gov.  

Private clubs are exempt from Title III of the ADA.  The ADA recognizes an entity as a private club if it is a private club under title II of the Civil Rights Act of 1964. However, private clubs lose their exemption when they make themselves open to the public and available to nonmembers.  For example, if a private club rents their space out to a day care center that is open to the public and children of nonmembers, the club must follow Title III obligations with respect to that day care center only. 

Religious entities are exempt from Title III of the ADA. They may be subject to employment obligations of Title I if they have 15 or more employees. The ADA defines a religious entity as any religious organization, or entity controlled by a religious organization, which includes places of worship. The scope of the exemption covers all activities, whether religious or secular. For example, if a religious group operates a day care center for members and nonmembers, it would still not be required to adhere to the ADA obligations.  If the religious entity rents out their space to a private business, then the tenant business would have to comply with Title III, but the religious entity would still remain exempt.

The ADA and workers' compensation use different definitions of "disability."  Only injured workers who meet the ADA's definition of an "individual with a disability" will be considered disabled under the ADA, regardless of whether they satisfy criteria for receiving benefits under workers' compensation or other disability laws. A worker also must be "qualified" (with or without reasonable accommodation) to be protected by the ADA. Work-related injuries do not always cause physical or mental impairments severe enough to "substantially limit" a major life activity. Also, many on-the-job injuries cause temporary impairments which heal in a short period of time with little or no long-term impact. Therefore, some injured workers who qualify for benefits under workers' compensation or other disability benefits laws may not be protected by the ADA. An employer must consider work-related injuries on a case-by-case basis to know if a worker is protected by the ADA. (This is an excerpt from the National Network of ADA Centers website. Visit www.adata.org for more information on this topic).

For the most part, yes.  A Segway would be considered an "other power-driven mobility device" (OPDMD) according to the revised ADA regulations which took effect March 15, 2010. An OPDMD is any mobility device powered by batteries, fuel, or other engines that is used by an individual with a mobility disability to get around, regardless of whether the device was originally designed for this purpose.  Public and private entities must make reasonable modifications in their policies to allow individuals to use OPDMDs unless this presents a legitimate safety risk.  For more information, read our Fact Sheet on "Wheelchairs and Other Power-Driven Mobility Devices" at: http://www.northeastada.org/r-factsheets.cfm.

The Northeast ADA Center does not provide direct attorney referrals.  The National Disability Rights Network (NDRN) is the nonprofit membership organization for the federally mandated Protection and Advocacy (P&A) Systems and Client Assistance Programs (CAP).  There is a P&A/CAP agency in every state and U.S. territory as well as one serving the Native American population in the four corners region.  Collectively, the P&A/CAP network is the largest provider of legally-based advocacy services to people with disabilities in the United States.  To find your local Protection and Advocacy agency and Client Assistance Program in each state, go to - http://www.napas.org/en/ndrn-member-agencies.html. Each state or territory may also have lawyers who are willing to provide services pro bono (free of charge) or who specialize in disability rights. While we cannot make any direct referrals, we might be able to assist you in searching online for an agency you can contact.

The minimum number of accessible parking spaces required in a parking lot depends on the total number of spaces provided in the lot. For example, for a parking lot with 25 or less spaces, you must provide one accessible parking space. The number of accessible spaces required increases so please look at the below table for the number of accessible spaces you must provide based upon the total number of spaces allotted in the parking lot.

Access aisles for car and van parking spaces must be a minimum of 60 inches (1525 mm) wide. Additionally, access aisles must extend the full length of the parking spaces they serve.

A van parking spaces must be 132 inches (3350 mm) wide minimum.

A car parking space must be 96 inches (2440 mm) wide minimum.

As defined for transportation purposes, a service animal is an animal [i.e. dog, cat, miniature horse, etc.] that has been trained to perform a task or tasks for an individual with a disability. Service animals include, but are not limited to, animals that guide individuals who are blind, that alert persons with hearing disabilities, that pull wheelchairs or carry and pick up items for individuals with mobility disabilities, that help a person who has difficulties with equilibrium, or that alert a person of an approaching seizure. Thus, transit providers must allowed service animals to board with riders who have disabilities.  Transit providers cannot require that an individual with a disability provide evidence of certification or any identification papers indicating that the animal is a  service animal. A service animal is required to be under the control of its owner or handler at all times.

Yes.  Public transit systems have to provide information about their services and schedules to people with all types of disabilities. For example, if you need a written schedule or an informational brochure on services available in an accessible format, the transit system must make the materials available in an accessible format within a reasonable time. Accessible formats may include:

• Braille
• Large print
• Audio recordings
• Electronic formats
• Websites accessible to screen readers or other assistive technology

There are people with disabilities who are unable to ride the fixed route transit services even when those services are ADA compliant. For example, an individual who has trouble walking or with a heart condition may be unable to walk the distance necessary to the nearby transit stop or station. Perhaps an individual who uses a wheelchair is unable to get to the bus stop because of lack of sidewalks or curb cuts on a route. Therefore, for persons with disabilities who are unable to ride fixed routes, the ADA mandates that para-transit services be offered, as an alternative to the fixed route system. Para-transit service provides accessible transportation from the pick up location to the destination of eligible persons with disabilities.

Under the ADA, all buses bought after August 25, 1990 must be accessible to people with disabilities, which includes anyone who uses a wheelchair. For example, buses must be equipped with lifts or ramps, in addition to other accessibility features. Another accessibility feature that required by the ADA is a system to secure wheelchairs (i.e. a wheelchair securement belt) to hold wheelchairs in place when the bus is in motion. Additionally, drivers must participate in mandatory training to learn to operate such accessibility features properly and to be able to assist patrons with disabilities on and off the bus. 

Fixed route services include buses and rail lines that travel on a regular route on a fixed schedule.

Hotels and covered places of lodging under Title III must hold the specific accessible guest room requested for the customer and remove it from the reservation system. This is one of the changes of the revised Title III regulations from the Department of Justice regarding places of lodging that took effect March 15 2012. To learn more about the new requirements, visit the Northeast ADA Center's factsheet on the revised lodging regulations at:  http://www.northeastada.org/r-factsheets.cfm

To help small businesses to comply with the ADA, the Internal Revenue Service (IRS) Code includes a Disabled Access Credit (Section 44) for businesses with 30 or fewer full-time employees or with total revenues of $1 million or less in the previous tax year. The credit can be up to 50% of cost from $250 to $10,250 with a maximum credit of $5,000. Eligible expenses may include the cost of undertaking barrier removal and alterations to improve accessibility, accommodating employees, providing sign language interpreters, or making material available in accessible formats such as Braille or large print.

Section 190 of the IRS Code provides a tax deduction for businesses of all sizes for costs incurred in removing architectural or transportation barriers in existing facilities or alterations. The maximum deduction is $15,000 per year.

There may also be tax credits or deductions in state tax codes.  For more details about these tax incentives, visit: http://www.adainfo.org/content/tax-incentives-businesses

When you decide how to meet Title III's requirement for effective communication, you should look at the length and complexity of the interaction. If the patient was simply dropping off paperwork, then written notes or other improvised forms of communication may be appropriate. If a patient is coming in for an appointment or to discuss results of some test, then the nature of the communication is different. It is more in depth and any miscommunication could potentially create negative consequences. Title III entities, such as a doctor's office, must furnish auxiliary aids when necessary to ensure effective communication, unless an undue burden or fundamental alteration would result.

While providing a qualified interpreter will cost some money, it would be difficult for a doctor's office to claim an undue financial burden. Also, extra charges may not be imposed on individuals with disabilities to cover the costs of measures necessary to ensure nondiscriminatory treatment, such as interpreters.

The ADA is an equal opportunity law and this is true for entities covered under Title III of the ADA. Title III covers public accommodations. Public accommodations are places such as gyms, stadiums, theaters, medical facilities, daycare centers, most places of lodging, gas stations, restaurants, and stores.  While the ADA does not guarantee equal results or benefits from a public accommodation's regular program, you do have the right to equal participation. The gym cannot legally bar you from joining in the class because of your disability. If the gym decides to offer an accessible yoga program as an alternative, you can choose to take that class. However, you still have the right to participate in the standard class.

Yes. The ADA does not require modifications that would fundamentally alter the nature of the services provided by the public accommodation. For example, it would not be discriminatory for a physician specialist who treats only burn patients to refer a deaf individual to another physician for treatment of a broken limb or respiratory ailment. To require a physician to accept patients outside of his or her specialty would fundamentally alter the nature of the medical practice.

Yes. The ADA specifically allows a public accommodation to exclude an individual, if that individual poses a direct threat to the health or safety of others that cannot be mitigated or significantly lessened by appropriate modifications in the public accommodation's policies or procedures, or by the provision of auxiliary aids.  When assessing direct threat, the assessment must be strictly based on valid medical analyses and/or other objective evidence, and not on speculation. A public accommodation is permitted to establish objective safety criteria for the operation of its business; however, any safety standard must be based on objective requirements rather than stereotypes or generalizations about the ability of persons with disabilities to participate in an activity.

For example: An adult person with tuberculosis desires to  provide tutoring to elementary school kids in a volunteer mentor program run by a local public school board. Title II allows the board to decline to permit the individual to participate on the grounds that the mentor's condition would be a direct threat to the health or safety of the children enrolled in the program, if the condition is contagious and the threat cannot be alleviated or eliminated by reasonable modifications in policies, practices, or procedures.

Yes. If a criterion screens out or tends to screen out individuals with disabilities, it may only be used if necessary for the provision of services. Additionally, an agency must be careful of subtle forms of discriminatory practice.   For example, requiring a driver's license as the only acceptable form of identification when paying by  check could constitute discrimination against individuals with visual impairments or other conditions that may make a person ineligible to obtain licenses. To avoid potential discrimination, public entities must allow the use of alternative identification such as a state- issued identification card.

A public entity must ensure that individuals with disabilities are not excluded from services, programs, and activities because its buildings are inaccessible.  A State or local government's programs, when viewed in their entirety, must be easily accessible to and usable by individuals with disabilities (i.e., individuals with disability should be able to use the products and services of the state agency). This standard, known as "program accessibility," applies to facilities of a public entity that existed on January 26, 1992. Public entities do not necessarily have to make each of their existing facilities accessible if the program, when viewed in its entirety, is accessible. But they should still provide program accessibility. This can be accomplished by a number of methods including, but not limited to, alteration of existing facilities, acquisition or construction of additional facilities, relocation of a service or program to an accessible location, or provision of services at alternate accessible sites.

No.  Places of lodging, as well as any other Title III place of public accommodation, cannot impose additional fees, surcharges, or request deposits because you are accompanied by a service animal.  This also holds true for places of lodging who normally allow pets at an extra charge. Service animals are not pets, therefore you cannot be charged a pet fee. If your animal does any damage to the property then the hotel/business would have the right afterwards to charge you appropriate fees to cover the cost of the damage, if it is normally their policy to charge anyone who causes damage. 

No. Even if local or state health laws suggest animals cannot be present around the food, the ADA supersedes local and state ordinance. Places of public accommodation, including places that prepare and serve food, must comply with the ADA. Title III of the ADA applies to any restaurant, bar, lounge, etc. that serves food to the public.  It is also important to note that the Food and Drug Administration specifically states that it is not a health risk or violation for service animals to be around food, including employees who have service animals with them at work.  

Yes.  Hospitals may be able to make the case for not allowing service animals into certain areas of their facility if a legitimate direct threat/health and safety risk exists, such as in patient rooms, the emergency room, or Intensive Care Unit. However the animal should still be allowed in more public parts of the hospital such as cafeterias and waiting rooms.   Also, churches and religious entities are exempt from ADA Title II and Title III obligations; therefore they do not have to allow a service animal access under the law.  Private home owners also have the right to ask that you not bring your service animal with you into their home. The only time Title II and Title III covered entities have the right to deny access is if the service animal has posed a legitimate health and safety risk or direct threat or if their presence has fundamentally altered the nature of the business. For example, if a service animal is out of the handler's control, causes a major disturbance (i.e. barking uncontrollably), or hurts another person, then the public or private entity would have the right to request that the owner remove the animal.

The Air Carrier Access Act applies in this situation, not the ADA. The Air Carrier Access Act indicates that service animals and emotional support animals, are allowed in the cabin or the aircraft as long as the owner has a doctor's note verifying the need for the ESA.   The airline cannot charge extra fees or require the owner to purchase an extra ticket. The animal is typically allowed to ride under the passenger's seat. In certain cases, such as if the animal is unusually large or the owner has 2 animals, the owner may have to purchase an additional seat. Another option is to put the animal in the cargo hold, in which case the airline would not be allowed to charge extra even under special circumstances.  For more information, see http://airconsumer.dot.gov/rules/382short.pdf.

The Fair Housing Act (FHA), enforced by the Department of Housing and Urban Development (HUD), says tenants with disabilities are entitled to reasonable accommodations "necessary to afford a person with a disability an equal opportunity to use and enjoy a dwelling" even if there is a "no pets allowed" rule. HUD's position has been that service animals and emotional support animals may qualify as an accommodation but the person with the disability may need to "demonstrate the need for the accommodation" if said need is not readily apparent.  This information is taken from the Department of Housing and Urban Development 24 CFR Part 5 Pet Ownership for the Elderly and Persons with Disabilities, Final Rule which can be viewed at: http://www.law.cornell.edu/cfr/text/24/5/subpart-C.  Please note, there may be some exemptions to coverage under the FHA. For example, the owner of a small rental building, who also lives in the same building, may not have to adhere to follow the FHA as long as their advertising of the dwelling is not discriminatory in nature.

No. Emotional Support Animals (ESAs) are therapeutic pets that help individuals with emotional difficulties. They are not trained to perform tasks or do work for the owner like a service animal is. ESAs cannot enter "no-pets allowed" establishments, but they are allowed in no-pets allowed housing and in the cabins of airplanes as long as the owner has a note from their doctor verifying the need for the ESA.  Companion Animals, sometimes called Therapy Animals, are pets who are typically very gentle and trained to behave well in a variety of settings. They are sometimes used for bringing a higher level of social functioning to people in nursing homes, schools, hospitals, etc. But they are not service animals nor are they legally granted access within any no-pets allowed establishments.

Title II and Title III of the ADA specifically state that service animals should be allowed to accompany their owner into public and private business establishments. The rules are different in the workplace. The Equal Employment Opportunity Commission (EEOC) has indicated that Title I of the ADA, which covers employment, does not require automatic access for service animals. The employee must request this as an accommodation and the employer must consider this request and determine whether granting the accommodation is reasonable in the person's workplace.

To determine if an animal is a service animal, a public entity or a private business may ask two questions: 1) Is this animal required because of a disability?  2) What work or task has this animal been trained to perform? These inquiries may not be made if the need for the service animal is obvious (e.g., the dog is guiding an individual who is blind or is pulling a person's wheelchair.) You may not ask what disability the owner has nor can you require any documentation or proof that the animal has been certified, trained or licensed as a service animal.  The ADA does not require that service animals wear any sort of identification, vest, or harness.

According to the new Department of Justice ADA Title II and Title III regulations (which took effect March 15, 2011), a service animal is any dog that is individually trained to do work or perform tasks for an individual with a disability. Other species of animals, whether wild or domestic, trained or untrained, are not considered to be service animals.  There is one exception to this limitation. If a miniature horse has been trained to assist an individual with a disability, then the same ADA protections that apply to service dogs shall apply to the service horse also.

For more information on Service Animals, see the Department of Justice guidance on Service Animals at: http://www.ada.gov/service_animals_2010.htm  and the ADA National Network Service Animals Fact sheet at: http://www.northeastada.org/docs/National%20ADA%20Fact%20Sheets/National%20ADA%20Center%20Fact%20Sheet%205%20SERVICE%20ANIMALS.pdf.

1. Discuss the job. Employers are required to provide accommodations that enable workers to perform the essential functions of a job.  The essential and marginal functions are often part of the formal job description. However, it is useful to discuss job tasks and processes with the employee to get more details. 

2.  Discuss how the disability impacts the job.  For example, discuss how the employee believes the disability influences the essential job functions of the job. Identify performance issues and discuss how these could be addressed with an accommodation.

3. Discuss accommodation options.  Identify potential accommodations and assess how effective each would be in enabling the individual to perform essential job functions. If this consultation does not identify an appropriate accommodation, guidance is available from a number of sources; many without cost. For example, you can contact your regional ADA Center at 800-949-4232 or the Job Accommodation Network at (800) 526-7234 to assist you with accommodation ideas.

4. If more than one accommodation would be effective or if the individual would prefer to provide  his/her own accommodation, the individual's preference should be given consideration. However, the employer is free to choose among effective accommodations, and may choose one that is less expensive or easier to provide.

The fact that an individual is willing to provide his or her own accommodation does not relieve the employer of the duty to provide a reasonable accommodation should this individual for any reason be unable or unwilling to continue to provide their own accommodation.

There are wide ranges of accommodations that could be considered by employers.  People with the same type of disability could need very different accommodations, depending on the person, the condition and the job.  Here are some examples:

• making facilities readily accessible to and usable by an individual with a disability;
• changing marginal (non-essential) job functions;
• changing how an essential job function is performed;
• using part-time or modified work schedules;
• obtaining or modifying equipment or devices;
• modifying examinations, training materials or policies;
• providing qualified readers and interpreters;
• reassignment to a vacant position;
• permitting use of accrued paid leave or unpaid leave for necessary treatment;
• providing reserved parking for a person with a mobility impairment; and
• allowing an employee to provide equipment or devices that an employer is not required to provide.

According to the ADA, an individual is entitled to a reasonable accommodation if s/he:

• Is a qualified individual with a disability who has the skills, education and experience needed to do the essential functions of a job
• Needs an accommodation to go through the job application process or/and to perform the essential functions of a job

The employer is obligated to provide an accommodation unless these would impose an undue hardship on the operation of the business.

According to the EEOC, a reasonable accommodation means "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 (EEOC, See www.eeoc.gov/policy/docs/accommodation.html). The ADA requires reasonable accommodation in three aspects of employment:

• to ensure equal opportunity in the application process;
• to enable a qualified individual with a disability to perform the essential functions of a job; and
• to enable an employee with a disability to enjoy equal benefits and privileges of employment.

No. Venues cannot charge higher amounts money for accessible seats than for non-accessible seats in the same seating section. This also applies to service charges added to the price of a ticket, whether charged by the venue or a third-party seller. Venues are obligated to offer accessible seats in all price categories offered to the general public.

It depends. Normally, tickets for accessible seats may not be sold to individuals in the general public who do not need the specific features of accessible seats. However, there are three particular situations in which unsold accessible seats may be made available to members of the general public who are not in need of the features mentioned above:

• when all non-accessible seats have been sold (excluding luxury boxes, club boxes, suites, and seats the venue holds back when declaring a sell-out); or
• when all non-accessible seats in a particular seating section have been sold, unsold accessible seats in that section may be made available; or
• when all non-accessible seats in a particular price category have been sold, unsold accessible seats in that price category may be made available.

Accessible seats are spaces particularly designed for wheelchairs and contain the following features:

• an accessible approach,
• clear floor space,
• and larger dimensions than typical seating
  
  For more information on the specific design requirements listed above for accessible seating in assembly areas visit the 2010 ADA Standards for Accessible Design (2010 Standards), sections 221 and 802.

Yes. According to the 2010 ADA regulations, venues (and ticket sellers and distributors) cannot discriminate in the sale of tickets based on disability. Venues are mandated to sell tickets for accessible seats in a similar manner and under similar conditions as all other ticket sales. These requirements, apply to both public and private entities when selling tickets for single events or for a series of events (e.g., subscriptions or season tickets). For example, tickets for accessible seats must be sold:

• during similar hours;
• through similar methods of buying (e.g. phone, at the establishment, through a website, or by utilizing third-party vendors); and
• during the same points of sale (pre-sales, promotions, general sales, wait lists, or lotteries) as non-accessible seats.

March 15, 2012 marked the compliance date for provisions governing the 2010 ADA Standards for new construction, alterations, program accessibility, and barrier removal.

As of March 15th, 2012 all newly constructed or altered facilities must comply with the requirements in the 2010 Standards. If elements in existing facilities already comply with the 1991 Standards and are not being altered, entities are not required to make changes to those elements to bring them into compliance with the 2010 Standards.

For state and local government entities, if the start date for construction is on or after March 15, 2012, all newly constructed or altered facilities must comply with the 2010 ADA Standards.

For public accommodations and commercial facilities, the compliance date for the 2010 ADA Standards for new construction and alterations is determined by:

• (a) the date the last application for a building permit or permit extension is certified to be complete by a State, county, or local government;
• (b) the date the last application for a building permit or permit extension is received by a State, county, or local government, where the government does not certify the completion of applications; or
• (c) the start date of physical construction or alteration, if no permit is required.
• (d) If that date is on or after March 15, 2012, then new construction and alterations must comply with the 2010 ADA Standards

Further information can be found in the U.S. Department of Justice publication "Effective Date - Compliance Date" at http://www.ada.gov/revised_effective_dates-2010.htm.

If you feel that you or another person has been discriminated against by a state or local government entity, or a public accommodation or commercial facility, you may file a complaint with the U.S. Department of Justice (DOJ), Disability Rights Section.  Government entities include all programs managed by local or state agencies (e.g., public libraries, public hospitals, town parks and recreation programs).  Public accommodations are businesses that provide goods or services for the public (e.g., restaurants, retail stores, banks and private hospitals).

E-mail is the quickest way to file a complaint with the DOJ Disability Rights Section.  E-mail complaints receive an immediate reply confirming that they have been received.  If you do not receive a reply email, you may have sent your complaint to the wrong e-mail address.   Send your complaint to: ada.complaint@usdoj.gov.  Keep a copy of your complaint and the reply e-mail for your records.  Remember that there is no guarantee of privacy when you send an e-mail.  Include all of the information, either in the body of the email or in an attachment and attach any other relevant documents.

To ensure that all necessary information is provided, you may use this complaint form http://www.ada.gov/t2cmpfrm.htm regarding complaints against state or local government entities; or this one, for filing a complaint against a public accommodations or commercial facilities http://www.ada.gov/t3compfm.htm.

Also, provide the Department of Justice with the information about how to communicate with you effectively. Please let the Department know if you need to receive written communications in a specific format, such as large print, Braille, e-mail, or audio recording, or if you need to receive oral communications by video phone or TTY.

To file a complaint by the U.S. Postal Service or any other parcel delivery service, send your completed complaint form, or a signed letter containing the same information and copy of the relevant documents to the address below.  Keep original documents for your own records.  Complaints sent by regular mail may be delayed by 4 - 6 weeks because of necessary security screening. 

U.S. Department of Justice         
Civil Rights Division
Disability Rights Section - NYAV
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530

1. Request the modification or accommodation from the housing provider. When you make this request, it is highly recommended that you make the request in writing. This would avoid any misunderstanding of what you are requesting from the housing provider.

2. Engage in the interactive process to explain to the housing provider your request.

3. In response to a request for a reasonable accommodation or modification, and if the disability is not obvious, a housing provider may ask for reliable disability-related evidence:

o   to verify that the person meets the FHAA’s definition of disability (i.e. has a physical or mental impairment that substantially limits one or more major life activities);

o   that defines the necessary accommodation or modification; and

o   which shows the relationship between the person’s disability and the necessity for the requested accommodation.

·        Advertising the sale and rental of a dwelling in a discriminatory manner, such as saying “no wheelchair users are welcome at this property”

·        Refusing to sell or rent to someone because of their disability

·        Refusing to process the application of the potential buyer or renter because they have a disability

·        Probing to determine whether an applicant for a dwelling or an individual planning to reside in that dwelling has a disability or inquiring into the nature or severity of a disability

·        Discriminating against individuals with disabilities in the terms, conditions, or privileges of selling or rental of a dwelling, or in the delivery of services or facilities in connection with such dwelling (i.e. requesting a higher security deposit from a tenant who has asked for a reasonable modification).

·        Refusing, at the expense of the individual, reasonable modifications of the premises, occupied or to be occupied by a person with a disability when the requested modifications may be needed to provide a person with a disability full enjoyment of the premises of a dwelling. For example, a tenant may request to install grab bars in their bathroom. It would be illegal under the FHAA for the landlord to deny the tenant the right to install the grab bars as long as the tenant pays for it.    

·        Refusing to make reasonable accommodations in rules, policies, practices, or services, when the accommodations requested may be needed to allow equal opportunity for the use and enjoyment of the dwelling unit, including public and common use areas.

Yes. As of March 15 2012, any newly designed or constructed pools must meet the requirements of the 2010 ADA Standards for Accessible Design. The Department of Justice responded to feedback from existing pool owners and extended the compliance date for existing pools to January 31, 2013. Remember, existing pools must comply when it is “readily achievable” to do so; meaning able to be done without significant difficulty or expense to the overall operation of a business. For more details on existing pool requirements, go to a Department of Justice guidance document at:  http://www.ada.gov/qa_existingpools_titleIII.htm

No. The Department of Justice will allow for the use of a portable lift if it was bought before March 15 2012 and if it meets all of the other required specifications. It must be in place whenever the pool is open for use. The key to compliance for pool lifts (whether marketed as “permanent” or “portable”) is that the lift must meet the technical requirements set forth in Section 1009.2 of the 2010 ADA Standards and the lift must be in place at the pool whenever the pool is open for use (i.e. one lift cannot serve more than one pool).

Generally no. Privately owned apartment complexes facilities are not subject to the ADA Standards for Accessible Design unless the complex allows non-residents to use the pool (i.e. an apartment complex sells membership passes to the complex pool to non-residents allowing them to use the facility). Apartment complexes are typically covered by the Fair Housing Act which has its own separate standards. Pools at apartments become subject to the ADA Standards when the pool is made available to nonresidents excluding guests. Also, if an apartment complex is funded by the state or local government, then its pool is subject to the 2010 ADA Standards and will need to be made accessible if the pool is newly constructed or an existing pool altered.

Yes. Fishing piers are now covered elements in the 2010 ADA Standards. Newly built or altered piers must provide turning space for individuals that use wheelchairs. Also, at least 25% of guardrails or hand railings on the pier must not exceed 34 inches in height and should be dispersed throughout. Edge protection must also be provided where railings or guards are provided. Clear floor or ground space should be provided where these accessible rails are situated.

Yes. With the 2010 ADA Standards, at least one type of each exercise equipment or machine must be on an accessible route and have a clear floor or ground space. This clear space is an area 30 inches minimum by 48 inches minimum designed for a forward or parallel approach.

Since you live in the daycare facility, you do not have to comply. However, the 2010 ADA Standards did introduce accessibility requirements for most other play areas for children two and older like those in parks, daycare facilities where the owner does not live, shopping centers, and schools. Any newly constructed or altered play areas must comply with the new standards to the maximum extent possible. Some of the new requirements include an accessible route with an accessible ground surface, accessible play components, and transfer systems or ramps.

The FHAA covers various types of housing, such as multi-family apartments, multi-family condominiums, town houses and Quadruplexes, which are for sale or for rent. There may be some exemptions to coverage under the FHAA. For example, the owner of a small rental building, who also lives in the same building, may not have to adhere to the FHAA as long as their advertising of the dwelling is not discriminatory in nature. For more information visit the FHAA regulations at:  http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&rgn=div5&view=text&node=24:1.2.1.1.1&idno=24

There are three federal laws that govern housing discrimination in the U.S.: The Americans with Disabilities Amendments Act (ADAAA), the Fair Housing Amendments Act (FHAA), and Section 504 of the Rehabilitation Act.  The FHAA which is formally known as Title VIII of the Civil Rights Act of 1968, is the predominant federal law concerning fair housing and housing discrimination. However, housing provided by state and local governments is covered under the purview of the ADAAA. The ADAAA prohibits discrimination against persons with the disabilities in the provision of services and benefits based on disabilities. Additionally, Section 504 of the Rehabilitation Act prohibits anyone who receives federal financial assistance from discrimination based on disability.

The FCC implements Title IV of the ADA which covers Telecommunications Relay Service (TRS). TRS enables a person with a hearing or speech disability to access the telephone system and communicate with persons without such a disability. 

If you have any questions, concerns, or need assistance in regard to disability issues relating to telecommunications contact the FCC at dro@fcc.gov. If your disability prohibits you from filing a comment please send your e-filing comments to dro@fcc.gov and include your address and telephone number.  If you need to reach a member of the Disability Rights Office please call 202-418-2517.

The revised regulations for state and local government entities (Title II) and public accommodations and commercial facilities (Title III), published by the U.S. Department of Justice I(DOJ) on September 15, 2010, became effective on March 15, 2011. The section of the revised regulations covering hotel reservation systems became effective on March 15, 2012.  The revised regulations can be found at: http://adata.org/faq-page#t2n85.  

Individuals may bring lawsuits to obtain court orders to stop discrimination. They may also file complaints with the Attorney General, who is authorized to bring lawsuits in cases of general public importance or where a "pattern or practice" of discrimination is alleged. In these cases, the Attorney General may seek monetary damages and civil penalties. Civil penalties may not exceed $55,000 for a first violation or $110,000 for any subsequent violation.

The employment provisions of the ADA (Title I) are enforced under the same procedures as race, color, sex, national origin, and religious discrimination under title VII of the Civil Rights Act of 1964, as amended, and the Civil Rights Act of 1991. Complaints regarding actions that occurred on or after July 26, 1992, may be filed with the Equal Employment Opportunity Commission (EEOC) or designated State human rights agencies.  If it is determined that discrimination has occurred remedies may include hiring, reinstatement, promotion, back pay, front pay, restored benefits, reasonable accommodation, attorneys' fees, expert witness fees, and court costs. Compensatory and punitive damages also may be available in cases of intentional discrimination or where an employer fails to make a good effort to provide a reasonable accommodation.  The EEOC process for filing a charge of employment discrimination may be found at: http://www.eeoc.gov/employees/howtofile.cfm.

Regarding public and private services, a "qualified" individual with a disability under the ADA is one who meets the essential eligibility requirements for the program or activity offered by the covered entities.  The "essential eligibility requirements" will depend on the type of service or activity involved.  For some activities, such as State licensing programs, the ability to meet specific skill and performance requirements may be "essential."  For other services, such as a “Information and Referral Program”, the "essential eligibility requirements" would be minimal. 

A public or private entity may not impose eligibility criteria for participation in its services, that either screen out or tend to screen out persons with disabilities, unless it can show that such requirements are necessary for the provision of the service.  For example: A public or private gym only accepted a driver’s license as an ID from the people who request the service.  An unnecessary blanket exclusion of this nature would violate the ADA because the requirement is not related with the service requested and screen out people with disabilities who are not able to drive.

According to the ADA Amendments Act of 2008 an impairment that is episodic or in remission would likely be considered a disability if it would substantially limit a major life activity when in an active stage.

Individuals who are currently engaging in the illegal use of drugs are specifically excluded from the definition of a qualified individual with a disability. 

However, an alcoholic is a person with a disability, and is protected under the ADA.  An employer may be required to provide an accommodation to an alcoholic, such as time away to attend treatment programs or Alcoholics Anonymous meetings.  However, an employer can discipline, discharge or deny employment to someone whose use of alcohol adversely affects job performance or conduct.  An employer also may prohibit the use of alcohol in the workplace and can require that employees not be under the influence of alcohol.

To be protected from disability related employment discrimination the individual must also be qualified, meaning s/he has the legitimate skill, experience, education, or other requirements of an employment position that s/he holds or seeks, and who can perform the essential functions of the position with or without reasonable accommodation. If the individual is qualified to perform essential functions except for limitations caused by a disability, the employer must consider whether the individual could perform these functions with a reasonable accommodation.

The ADA, unlike some other disability related laws, does not define disability based on a medical diagnosis, but rather on a functional definition.  An individual is considered to have a "disability" under the ADA if s/he has a physical or mental impairment that substantially limits a major life activity, has a record of such an impairment, or is regarded as having such an impairment. 

Examples of major life activities include: caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, interacting with others, and working.

Under the ADA Amendments Act of 2008 major life activities now also include the operation of major bodily functions, including functions of the immune system, special sense organs and skin, normal cell growth, digestive, genitourinary, bowel, bladder, neurological, brain, respiratory, circulatory, cardiovascular, endocrine, hemic, lymphatic, musculoskeletal, and reproductive functions.

The ADA requires the establishment of telephone relay services for individuals who use telecommunications devices for deaf persons (TDD's) or similar devices. The Federal Communications Commission has issued regulations specifying standards for the operation of these services.

From The Pacific ADA Center: http://www.adapacific.org/ada/faq/misc.php

There is a long list of potential auxiliary aids and services available to ensure effective communication with people with disabilities.  The appropriate solution will depend on the needs of the individual and on how complex the information is that you are trying to communicate.  Appropriate auxiliary aids and services may include services and devices such as qualified interpreters on-site or through video remote interpreting (VRI) services; note takers; real-time computer-aided transcription services; written materials; exchange of written notes; telephone handset amplifiers; assistive listening devices; assistive listening systems; telephones compatible with hearing aids; closed caption decoders; open and closed captioning, including real-time captioning; voice, text, and video-based telecommunications products and systems, including text telephones (TTYs), videophones, and captioned telephones, or equally effective telecommunications devices; videotext displays; accessible electronic and information technology; or other effective methods of making aurally delivered information available to individuals who are deaf or hard of hearing; qualified readers; taped texts; audio recordings; Brailed materials and displays; screen reader software; magnification software; optical readers; secondary auditory programs (SAP); large print materials; accessible electronic and information technology; or other effective methods of making visually delivered materials available to individuals who are blind or have low vision.

The ADA does not require the provision of any auxiliary aid that would result in an undue burden or in a fundamental alteration in the nature of the goods or services provided by a public accommodation. However, the public accommodation is not relieved from the duty to furnish an alternative auxiliary aid, if available, that would not result in a fundamental alteration or undue burden.

From The ADA National Network: http://adata.org/faq/what-kinds-auxiliary-aids-and-services-are-required-ada-ensure-effective-communication

Generally no, not if employees are able to communicate by using pen and notepad and it is effective. However, in situations where the exchange of information is over a long duration, or the information being exchanged is complex, it may be necessary for the business to provide a qualified interpreter. A business should discuss with the person with the disability to determine which auxiliary aid or service will result in effective communication.

From The ADA National Network: http://adata.org/faq/do-businesses-need-have-qualified-interpreter-hand-order-communicate-person-who-deaf 

Yes.  According to the ADA government entities must make sure that people with disabilities have the same access to information that others have, this requirement is called effective communication.   There are many ways that you can provide equal access to communications for people with disabilities. A few examples of these “auxiliary aids and services” include written materials, an accessible website, TTY’s, exchange of written notes, or qualified interpreters.

From The DOJ’s "ADA Best Practices Tool Kit for State and Local Governments": 

http://www.ada.gov/pcatoolkit/chap3toolkit.htm

According to the ADA, an employer has a duty to provide a reasonable accommodation that is effective to allow a person with a disability to perform the essential functions of their job.  The appropriate accommodation for someone with a hearing disability will vary according to the type of disability the person has and the essential functions of their job. There are many potential options that may work for someone with a hearing disability. Start by talking to the person with the hearing disability about what might work for them.  Examples of accommodations a qualified applicant or employee with hearing disability may need include: a sign language interpreter, a TTY, text telephone, voice carry-over telephone, or captioned telephone, a telephone headset, appropriate emergency notification systems (e.g., strobe lighting on fire alarms or vibrating pagers), written memos and notes (especially used for brief, simple, or routine communications), work area adjustments (e.g., a desk away from a noisy area or near an emergency alarm with strobe lighting), assistive computer software (e.g., net meetings, voice recognition software, assistive listening devices (ALDs), augmentative communication devices that allow users to communicate orally by typing words that are then translated to sign language or a simulated voice,  communication access real-time translation (CART), which translates voice into text at real-time speeds, and altering an employee’s marginal (i.e., non-essential) job functions, among others.  You can get additional information about potential accommodations by visiting: http://askjan.org/media/hearing.html. 

From The EEOC: http://www.eeoc.gov/facts/deafness.html

For more information, see our Effective Communication Fact Sheet at: http://www.northeastada.org/r-factsheets.cfm

Private clubs' facilities are exempt from Title III of the ADA and the ADA Standards as long as they are not open to the general public. An entity is a private club for purposes of the ADA if it is a private club under Title II of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, and national origin by public accommodations.

Courts have been most inclined to find private club status in cases where --

1) Members exercise a high degree of control over club operations.

2) The membership selection process is highly selective.

3) Substantial membership fees are charged.

4) The entity is operated on a nonprofit basis.

5) The club was not founded specifically to avoid compliance with Federal civil rights laws.

Private clubs lose their exemption if they are made available for use by nonmembers as places of public accommodation. So for example, if a private club hosted a golf tournament open for the public to attend, then all of the facilities for the event would become public accommodations during the tournament and subject to ADA Title III compliance.

Architectural barriers and communication barriers that are structural in nature must be removed where it is readily achievable to do- meaning the removal would be easily accomplishable and able to be carried out without much difficulty or expense. A good approach would be to work from the outside of your facility in to where the action happens. Barrier removal priorities begin with getting to the door.  Access from public sidewalks, parking lots or facilities, or public transportation stops is the first thing to address. Then, businesses should remove barriers to accessing areas where goods and services are made available to the public. After this, focus on the accessibility of restroom facilities. Finally, review all other elements or measures that have not yet been examined.

Yes, if it is readily achievable to do so, meaning it’s easily accomplishable and able to be carried out without much difficulty or expense. However, the ADA takes into account the national interest in preserving significant historic structures. Barrier removal would not be considered “readily achievable” if it would threaten or destroy the historic significance of a building or facility that is designated as historic at the national, state, or local level. In such cases however, there may still be an obligation to provide program access through providing auxiliary aids or modifying policies. For example, a private business that owns a historic building and operates it as a museum open to the public has a second floor that is physically inaccessible to visitors with mobility impairments. If there is no way to make that second floor accessible without destroying the historical significance of the structure, then the museum could make a video of the second floor and its features and show this on the first floor to visitors. This would be considered program access as the video becomes an auxiliary aid to provide access.

The ADA places the legal obligation to remove barriers or provide auxiliary aids and services on both the landlord and the tenant. The landlord and the tenant may decide by lease who will actually make the changes and provide the aids and services, but both remain legally responsible.

The ADA does not have a provision to "grandfather" a facility but it does have a provision called "safe harbor" in the revised ADA regulations for businesses and state and local governments.  A safe harbor means that you do not have to make modifications to elements in an existing building that comply with the 1991 ADA Standards, even if the new 2010 Standards have different requirements for them. This provision is applied on an element-by-element basis.  However, if you choose to alter elements that were in compliance with the 1991 Standards, the safe harbor no longer applies and the altered elements must comply with the 2010 ADA Standards for Design.

It’s important to note that safe harbor does not apply to elements in existing facilities that were NOT addressed in the original 1991 Standards but ARE addressed in the 2010 ADA Standards. These elements include recreation facilities such as swimming pools, play areas, exercise machines, miniature golf facilities, and bowling alleys.

Public accommodations must remove architectural barriers to elements, including those not addressed in the 1991 Standards but now covered in the 2010 Standards, to be in compliance with the new requirements in the 2010 Standards when it is readily achievable to do so.  In those occasions where the nature of an existing facility makes it virtually impossible to comply fully with the accessibility standards, the alteration must provide the maximum level of accessibility feasible.