Trainings & Events
2009 7th Annual ADA Symposium
- Formal plated luncheon with Keynote Speaker Senator Tom Harkin.
- Round table sessions allowing participants to meet with Symposium presenters.
- Research track featuring research projects on increasing community access and employment of people with disabilities.
- Formal evening banquet with jazz quartet.
ADA Audio Conference Series
2009 Legal Issues Webinar: Employment and the ADA
2009 Accessible Technology Webinar
News from the Federal Agencies
Department of Justice
Department of Justice Adds New Materials to its Business Connections Web Page
Justice Department Files Lawsuit Alleging Disability Discrimination by the City of Baltimore, Maryland
Justice Department Sues Nobel Learning Communities Inc. for Discrimination against Children with Disabilities
Disability Rights Online News: Posted to Justice Department Web Site
The U.S. Equal Employment Opportunity Commission
Hospital Settles EEOC Disability Discrimination Suit
Delphi Corporation agrees to settle EEOC lawsuit over prohibited medical inquiries
Great Lakes In Focus
Titles II and III of the Americans with Disabilities Act (ADA) requires that all programs, services and activities of state and local governments and goods and services of places of public accommodations are accessible to and useable by individuals with disabilities. This would include but is not limited to temporary events such as street festivals, craft fairs, parades, music events, state and county fairs, regattas, air shows and, sports tournaments. The fact that an event is temporary doesn't exempt governmental entities or public accommodations from their obligations to insure that individuals with disabilities have an equal opportunity to participate.
Temporary events may pose unique barriers for individuals with disabilities. Uneven terrain, temporary structures and gravel and grass paths are just a few of the unique situations that face temporary event organizers. However, taking accessibility issues into consideration when planning events should help eliminate obstacles that would prevent individuals with disabilities from full participation.
Organizers should consider:
- Accessible Parking
- Accessible Paths of Travel from parking locations
- Accessible Paths of travel to all areas open to the public
- Accessible temporary structures such as viewing stands
- Wheelchair locations at performing areas
- Accessible toilet facilities
- Accessible picnic areas
- Directional Signage
This is not an exhaustive list of things to consider when planning a temporary event. Technical assistance and materials exist to assist entities planning temporary events.
Obligations extend beyond ensuring that the physical environment of a temporary event is accessible. Event organizers must provide auxiliary aids and services to ensure that communication is as effective for individuals with disabilities as it is for individuals without disabilities. This may include providing sign language interpreters for an individual attending a musical performance or producing written materials in alternative formats such as the schedule of events and event locations.
In addition, entities must make reasonable modifications in policies, practices and procedures when needed to provide an equal opportunity for an individual with a disability. This might include modifying "No Pet" policies for an individual with a disability using a service animal.
Below is an example of how one organization worked to improve access to temporary events in their community. This article may provide some best practices that may be incorporated in temporary event planning.
Diana Sullivan is the Disability Rights and Access Specialist with Independence First located in Milwaukee, WI. Independence First is an organization providing resources, referrals and advocacy assistance to individuals with disabilities, state and local governments, business and other individuals interested in disability issues.
Scarier than Halloween Itself
A couple of Halloween seasons ago, I got a call from two students at a local high school who was really upset. For the past couple of years, they had enjoyed the yearly trip to Haunt Fest at the State Fair Park through our community Rec Program. Last year, however; the girls found out that things had changed at Haunt Fest.
Tickets were purchased ahead of time so that the participants in the rec program could arrive at the Fair Park building and go through the exhibit without having to wait in line for ticket buying. When Sara and Takeela got close to entering, a Haunt rep stopped them stating that “the event was not wheelchair accessible this year”, and that they couldn’t enter. The girls were not happy. They had participated in this spooky event with their peers for the past two years and it was accessible both times before.
Haunt Fest turned into a horrible experience for them. They spent a fair amount of time complaining to the rep, and then asked to have their money refunded. The rep told them that because their web site listed that the event was not wheelchair accessible; they didn't have to refund their money. This news was worse than the horror-able time they were expecting. The girls sold their tickets to some people in line and went home.
I got the call on Monday. After hearing how shabbily the girls were treated, I decided to call the owner of this Haunt Fest to find out why they were not accessible after years of being so. Our conversation really scared me, possibly even more than bloody body parts and spiders.
The owner told me that he had thought long and hard about whether or not to provide wheelchair access; and after much consideration, he chose to eliminate the access because he had a complaint about two girls using wheelchairs the year before - they were traveling the exhibit too slowly. His statement kind of frightened me so I asked him what color hair he had. He told me his hair was red, and "why?" I wanted to help him understand what it might feel like to be discriminated against, so I created a little possible scenario.
“So, imagine yourself at 16 years old. You and your friends are anticipating getting yourself scared to death (teenagers seem to like that kind of thing) and are talking up your trip to Haunt Fest on the weekend all week long. You are your buddies are having a hard time containing yourselves waiting in line to get in because you can hear the screeches and screams echoing from the inside the event. Finally, you get to the front of the line and the ticket taker takes you aside and tells you that people with red hair aren’t allowed to enter. Your friends wave good bye to you as they rush into the horror chamber. Now, how does that make you feel?”
The owner guy started shouting at me, "that's not the same - red hair and being wheelchair bound are not the same - you can't not let someone in because of having red hair". Well, sometimes people get it. This guy didn't. He didn't realize that not being allowed into a public event years after a law has been established was discrimination - just like if he were singled out as having red hair. We talked a while longer. He went on to tell me that none of the 10 or so Haunted Houses mentioned in the Journal Sentinel article were not wheelchair accessible. My pointed hat twitched slightly.
After I explained to him about the ADA and including all people at public events, he told me he was going to speak with his attorney. I told him that I thought that was a good idea.
I called the girls back and asked them what they would like to do about the situation. We discussed filing complaints and trying to make things better in years to come. They wanted to have the opportunity to visit any event that was open to the public; so made a phone call to the manager of operations at the State Fair. I explained to him about the spooky experience at Haunt Fest, and invited him to meet with these two students and others at the high school, who by this time was very interested in exploring their rights regarding access.
The girls told their story of disappointment, frustration and anger just trying to have the same kind of fun many kids have at these events. They were also concerned that if the State Fair allowed this type of event in their Expo building, how many other events discriminated against people with disabilities? The manager's eyes opened really wide (maybe it was the black cat that walked past him), and realized that the Fair hadn't considered this potential. He actually assumed that the Haunt Fest was accessible as it had been previously. The students wanted him to assure them that all events that rent space at the Fair will be compliant with the ADA. He agreed.
The students felt that they wanted to try to do more to let the other nine Haunted House venues in our area know about making their places accessible to all people. They wrote a letter to each venue asking them to consider staging their Haunt in an accessible building and making it user-and ghoul friendly for everyone. They also included a copy of Accessible Temporary Events: a planning guide put out by the Center for Universal Design.
As it turns out four of the haunt venues were staged on county or state premises. I personally contacted each one of them and gave them the experience of having bats in their stomachs. Did this education help much? I would like to think so.
Fast forward to Halloween 2007. Haunt Fest was up and running at the State Fair - accessible. The two "I scream" parlors on Waukesha County property were not originally. I called them and they matter of factly told me they were not wheelchair accessible. I call the county executive's office and explained to them that because this venue that advertises that they "get more people to soil themselves by 8:00 pm than other haunted houses get all night" was in violation of the ADA, and; because it is on county grounds, they too were violating. I received a call 3 hours later stating that a number of county parks people went to the venue and rearranged the exhibit so that all people could mess themselves. Eppy from our sister CIL representing Walworth County graciously paid a visit to the county grounds there to help the folks understand their responsibility when hosting temporary events. It probably helped that she wore a clown suit and brought along her chain saw on that visit.
We still have a ways to go. A non-profit organization in town was going to benefit from the proceeds of a haunted house event. I called the haunt people up to see if their house was accessible. I was told they were not. But, they told me that maybe next year they could send some of the scary people out of the house to the yard and scare people who use wheelchairs if that was ok. Thanks, but I'd rather stay home and watch reruns of the Adam's Family.
Suggested Resources
- Department of Justice ADA Business Connection Page http://www.ada.gov/business.htm#expand1
Accessible Temporary Events Planning Guide
This document may be ordered by contacting the DBTAC: Great Lakes ADA Center by calling (800) 949-4232 (V/TTY) or by visiting the Center's online contact form http://www.adagreatlakes.org/WebForms/ContactUs/Default.asp?attention=chronicle
The Docket
THOMAS FINAN v. GOOD EARTH TOOLS
http://caselaw.findlaw.com/data2/circs/8th/082221P.pdf
The Eighth Circuit court of Appeals upheld a jury's verdict and award of damages in an Americans with Disabilities Act lawsuit. The case had been appealed by the defendant alleging the lower district court Judge had erred in several rulings in the case. The plaintiff had filed suit following his termination. The lawsuit alleged the defendant had regarded the plaintiff as being disabled even though the plaintiff presented documentation that he was qualified to perform the job.
The defendant had argued that the plaintiff was not qualified to perform the essential functions of the job because of a series of seizures the plaintiff had suffered on the job. The defendant had argued that the seizures had left the plaintiff unable to perform his position as a salesman, which included driving across the country to meet with clients.
The Appeals Court ruled that the District Court had correctly allowed the plaintiff to introduce information about the employer's refusal to provide the plaintiff with a reasonable accommodation. While the Appeals Court agreed with the defendant's argument that an employee regarded as being disabled is not entitled to a reasonable accommodation, the manner in which the defendant responded to the request could show how the defendant viewed the plaintiff.
From the ADA Expert
Question: One of my employees recently developed a medical condition for which she was briefly off of work. Upon her return, she mentioned that she needed a few accommodations, including a reduced schedule and a different office location. Does she need to put these accommodation requests in writing? Should I request a note from her doctor? What is the "right" procedure for dealing with accommodation requests?
Answer: The ADA prohibits a covered employer from discriminating on the basis of disability in all employment practices. The ADA applies to employers with 15 or more employees. A covered employer may choose to hire, fire or promote the most qualified individual that he/she wants. The ADA prohibits an employer from making that decision on the basis of disability.
The ADA protects qualified individuals with disabilities. An individual must be qualified to do the job with or without a reasonable accommodation. A disability is defined as:
A physical or mental impairment that substantially limits one or more major life activities or:
Having a record of such an impairment or:
Being regarded as having such impairment.
When an employee requests an accommodation you may request documentation on the disability when the disability or the need for the accommodation is not apparent. You only have the right to receive documentation that demonstrates that the individual has a covered disability. An employee may use simple language to request a reasonable accommodation and does not necessarily need to put the request in writing.
You may create a policy that requires employees to make request for reasonable accommodation through a formal procedure such as filling out a particular form and submitting it to the human resources department. You would need to educate current employees and new hires about this process. Additionally, you would need to train supervisors and managers to direct employees to this process when an employee makes a verbal request for an accommodation.
Once an employee has made a request you should be in discussion with the employee in order to determine what accommodations may be necessary. An employer has an obligation under the ADA to provide a reasonable accommodation if needed to provide equal access to the application process, allow a qualified employee to perform the essential functions of the position, or to provide equal access to any benefit associated with the job.
You are not required to provide any accommodation that would pose an undue hardship. An undue hardship is defined as something requiring significant expense or difficulty. If you determine that a particular accommodation would pose an undue hardship you should look at other effective accommodations that would not pose an undue hardship. In addition, an employer is not required to provide the specific accommodation requested by an employee. You may choose to provide an alternative accommodation as long as it is effective.
The important thing to keep in mind is that when an employee indicates that he/she is having difficulty performing the job because of a medical condition that supervisors and managers take appropriate steps to follow up with the employee. An employer may run afoul of the law if a request for a reasonable accommodation is ignored. Training staff on responding appropriately to requests is very important.
For additional information contact the DBTAC - Great Lakes ADA Center by calling (800) 949-4232 (V/TTY) or email us via our online contact us form.
http://www.adagreatlakes.org/WebForms/ContactUs/
Suggested Resource
- ENFORCEMENT GUIDANCE: REASONABLE ACCOMMODATION AND UNDUE HARDSHIP UNDER THE AMERICANS WITH DISABILITIES ACT http://www.eeoc.gov/policy/docs/accommodation.html
- Reasonable Accommodation Under the ADA http://www.ilr.cornell.edu/edi/hr_tips/article_1.cfm?b_id=20
- Enforcement Guidance on Disability-Related Inquiries and Medical Examinations http://www.eeoc.gov/policy/docs/guidance-inquiries.html
Look for the Chronicle to continue to provide the latest information from Federal agencies, upcoming events and other ADA related information in 2009. If you have questions regarding the Chronicle please contact Peter Berg at (312) 413-1407 (V/TTY) or via the online contact form.
http://www.adagreatlakes.org/WebForms/ContactUs/Default.asp?attention=Peter%20Berg
