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DBTAC: Great Lakes ADA Center

800-949-4232 (V/TTY)


 
 
 
 September 2008
Volume 5 Issue 1 

Trainings & Events

National Center on Accessibility: Retrofitting for Accessibility

September 8-11, 2008
The National Center on Accessibility training course "Retrofitting for Accessibility" is designed for maintenance professionals, construction specialists, facility managers, trails supervisors, architects, forest access coordinators, landscape architects, civil engineers, parks planners, visitor services specialists, program development specialists, preservation supervisors, concessionaires, safety officers, and accessibility coordinators.
This course provides education on federal legislation and accessibility requirements as applied to park and recreation facilities and programs. Educational sessions will provide an understanding of the characteristics and needs of people with disabilities.* Curriculum emphasis will include application of accessibility standards, barrier removal, safety issues associated with accessibility, and ongoing facility maintenance to assure optimum access for visitors including those with disabilities. Participants will learn how to identify barriers and initiate appropriate solutions for facility renovations beneficial to user groups of all abilities. This course has an active field-based component that is designed to provide hands-on experiences identifying design problems in existing facilities and viable solutions for improving access.
Gatlinburg, Tennessee
http://www.ncaonline.org/index.php?q=node/695

ADA Audio Conference Series

SEPTEMBER 16TH, 2008 1-2:30 CDT.
LATINO IMMIGRANTS WITH DISABILITIES: CHALLENGES IN EMPLOYMENT

In 2000 the U.S. Census data showed that there is a significantly higher percentage of working-age latino immigrants in the United States who have a disability compared to all other groups. This can be attributed to injuries in dangerous work environments and heavy manual labor including farm work; lack of access to medical care and insurance; complex health conditions such as HIV/AIDS, diabetes and obesity; and violence. This group faces a number of challenges when it comes to accessing social services including vocational rehabilitation and job placement. Speakers will address the barriers faced by this population and some innovative programs and services that are available to assist them.
Mark the 18th anniversary of the ADA by joining this audio conference as we listen to representatives of the Federal Agencies present an update on their litigation, technical assistance and enforcement efforts over the past year. Participants will have an opportunity to pose questions to the presenters regarding issues in their own workplace or community.
http://www.ada-audio.org

2008 Legal Issues Webinar: Employment and the ADA

SEPTEMBER 23RD, 2008
DIRECT THREAT/SAFETY IN THE WORKPLACE

What does the ADA require when an employee poses a potential threat to health and safety in the workplace? This session will review the ADA and its regulations, EEOC guidance and recent case law and provide employers with information about conducting an individualized assessment and the role of reasonable accommodations to address the potential threat.

Speakers: Barry Taylor, Esq. Director of Legal Services and Alan Goldstein, Senior Attorney, Equip for Equality
http://www.ada-audio.org/Webinar/Legal_webinar_Registration.htm

ADA Road Show

Sept. 24, 2008
Holiday Inn Moline, IL

The DBTAC Great Lakes ADA Center is collaborating with the Great Plains ADA Center to bring their "ADA Road Show" to northwestern Illinois. The Great Lakes and Great Plains ADA Centers are using this opportunity to cross borders and reach out to people in both regions. The ADA Road Show is a program offered this fall by the Great Plains DBTAC across their 4 state area and will be held in 8 different cities. The Great Lakes ADA Center is taking advantage of the proximity to co-host this event with them

ADA Road Show Features:

The Opening session will briefly review the history of the ADA and developments that have led to the introduction and passage of the ADA Amendment Act by the U.S. House of Representatives as well as proposed regulatory changes under consideration by the U.S. Dept. of Justice.

Break-outs will consist of two learning tracks Accessible Design and General ADA with a morning and afternoon session for each track. A working lunch will be provided for each track.

Accessible Design Track:

Morning Session: The session will outline the requirements of the existing ADA Accessibility Guidelines (ADAAG) and the new ADAAG that is currently under review by the Dept. of Justice and for this session we will include discussion of how the Illinois Accessibility Code interfaces.

Afternoon Session: The afternoon session will build on the morning session, offering a more in-depth look at common accessibility challenges and comparing the ADAAG with the Architectural Barriers Act (ABA). Hands-on activities and group discussion will be included.

The Closing session will provide summary of the fundamental concepts discussed during the day, time for questions as well as opportunities for future coordination and collaboration.

Featuring Robin Jones, DBTAC-Great Lakes ADA Center, Lois Thibault of the U.S. Access Board and Vickie Simpson, Illinois Attorney General's Office and members of the DBTAC-Great Plains staff

The registration fee is $95 and includes lunch. Walk-in registration will be accepted, however, we cannot guarantee that space will still be available in the break-out sessions.

http://www.adaproject.org/RoadShow.html
Questions? Contact us at 800-949-4232 (V/TTY) or by email at gldbtac@uic.edu

2008 Accessible Technology On-line Seminar Series

Learning and Accessibility
September 29, 2008 1-2:00 CDT.

It is expected that e-learning will become part of everyday life in many organizations in the next few years. As e-Learning expands, the gap will widen between people who can fully benefit from e-Learning and those who will be excluded because of inaccessible design. This seminar will address strategies for businesses to improve their knowledge and implementation of accessible e-Learning.
http://www.ada-audio.org/Webinar/AccessibleTechnology/Schedule/

U.S. Business Leadership Network New Workforce Conference

October 5-8, 2008
The 2008 conference, "Expanding Inclusion: The Business Strategy" is the preeminent national event for business, community leaders and BLN chapters that have an interest in hiring, retention and marketing to people with disabilities. This year's event promises to provide informational and educational opportunities of the highest quality.
  • Over 40 Educational Sessions, including Keynotes, a SuperTrack of sessions by the Job Accommodation Network (JAN), and Career Fair programs.
  • A National Career Fair with over 20 Fortune 500 Companies participating, plus many small businesses from the Pacific Northwest.
  • Attendance of over 400 business and community leaders.
  • Pre-conference sessions - Youth to Work Coalition, Assistive Technology Forum and BLN Strategic Planning.
  • 2008 Exceptional Leadership Awards.
  • Networking opportunities throughout the conference.
Marriott Downtown Waterfront
Portland, OR
http://www.newworkforceconference.org/registration.html

News from the Federal Agencies

Disability and Business Technical Assistance Centers

The DBTAC- Mid-Atlantic ADA Center along with the University of Maryland is conducting a survey studying factors that impact the provision of reasonable accommodations under the ADA. The purpose of this study is to compare perceptions of the significance of factors affecting job accommodation requests and provision among persons with disabilities, employers who are employing persons with disabilities, and service providers. The survey is designed to be completed by individuals with disabilities, employers, and service providers. About the Survey

http://www.surveymonkey.com/s.aspx?sm=Ong6_2fn3EKK3DqXnMzJxBTg_3d_3d

U.S. Access Board

The U.S. Access Board announced that Lawrence Roffee will retire as the Board's Executive Director. He has served in this role for 20 years and Roffee oversaw considerable expansion of the Board's mission and services. The Access Board has posted a vacancy announcement at www.usajobs.gov for the vacant executive director position. Read more about the Access Board's Executive Director vacancy at http://www.access-board.gov/news/roffee.htm.

Department of Justice

The U.S. Department of Justice announced that the University of Michigan is currently selling wheelchair accessible seats for six football games on an individual game basis. The Justice Department reached an agreement with the university earlier this year to increase the accessibility of its football stadium. Additional information about the sale of these accessible seats is available by phone at (734)763-7118 or on the University of Michigan's website. Read more about Ticket Availabiltyhttp://www.ada.gov/NPRM2008/nprmhearing08.htm

The U.S. Department of Justice has posted the latest issue of its Disability Rights Online Newsletter to its web site. The newsletter is a bi-monthly update about the Department's Civil Rights Division's activities regarding the enforcement of federal disability laws. Read more about the NewsLetterhttp://www.ada.gov/newsltr0608.htm

The Department of Justice announced that it had reached a settlement agreement with the International Spy Museum. The settlement resolves a complaint filed under Title III of the Americans with Disabilities Act alleging discrimination against individuals that are blind or that have low vision. The complaint filed in 2004 with the Department of Justice stated that the Museum failed to provide print materials in alternative formats, that exhibits were inaccessible, computers lacked speech output and tours were not accessible. The Museum will ensure the content of its exhibits, public programs, and other offerings are accessible and effectively communicated to individuals with disabilities. When necessary, appropriate auxiliary aids and services will be available to ensure effective communication to individuals with hearing and vision impairments unless taking such steps would fundamentally alter the nature of the content of such exhibits, public programs and offerings or result in an undue burden. Read more about the settlementhttp://www.ada.gov/hmctimes.htm

The U.S. Department of Justice has reached an agreement with HealthEast settling a complaint filed under Title III of the ADA. The complaint alleged that the hospital failed to provide effective communication with family members of a hospital patient. The two family members are deaf and have power of attorney for the patients care. The hospital agreed to develop policies that insure the provision of auxiliary aids and services in order to communicate effectively with individuals that are deaf and hard of hearing. In addition, the hospital will provide training for its staff on the requirements of Title III of the ADA and effective communication. Read more about the settlement agreementhttp://www.ada.gov/healtheast.htm

The U.S. Department of Justice has made available on its web site an archive of the public hearing the Department held on July 8, 2008. The public hearing was held to accept comments on the Department's proposals to revise its regulations under Titles II and III of the ADA, including adopting revisions to the ADA standards for Accessible design. Access the Audio archive

http://www.ada.gov/NPRM2008/nprmwebcastinfo.php

U.S. Departmnet of Labor

The U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) has launched two initiatives aimed at promoting the hiring of veterans and protecting the rights of applicants with disabilities. The Good Faith Initiative for Veterans Employment (G-FIVE) and Ensuring the Accessibility of Online Application Systems are the two new initiatives. Electronic job application systems must be accessible to, and usable by, applicants who have disabilities, or the contractor must provide a reasonable accommodation. Read more about the Department Initiativeshttp://www.dol.gov/esa/ofccp/index.htm

The U.S. Department of Labor announced that "America's People, America's Talent... America's Strength!" will be the official 2008 theme for National Disability Employment Awareness Month this coming October. Each October is National Disability Employment Awareness Month by congressional designation. The Office of Disability Employment Policy (ODEP) leads the nation's activities during the month. Read more about the disability awareness monthhttp://www.dol.gov/opa/media/press/odep/odep20080993.htm#content

Great Lakes In Focus

Serving Customers with Disabilities in the Hospitality Industry

The national network of regional Disability and Business Technical Assistance Centers (DBTACs) have launched an initiative to assist the hospitality industry in complying with the Americans with Disabilities Act (ADA) and to make their hotels and restaurants accessible to the large number of Americans with disabilities. By providing access to their facilities businesses increase the opportunities for individuals with disabilities, a segment of U.S. society that is expected to grow dramatically over the next couple of decades.

The U.S. Census Bureau's 2002 Survey of Income and Program Participation (SIPP) found that there are 51.2 million people with disabilities in the United States. More than one in six people in this country are potential customers for businesses that are accessible to people with disabilities. To put that number into perspective, the 2002 SIPP indicates that the U.S. population's percentage of people with disabilities is 18.1 percent. That is larger than the percentage of Hispanics in the U.S.

Each U.S. ethnic, racial, and cultural group has members with disabilities. The 2002 SIPP reported that at least 11.5% of each of these groups self-identified as having disabilities. For example, Black Americans reported 19.8%; Hispanics/Latinos reported 13.8%; Whites reported 19.0%; and, Asians or Pacific islanders reported 11.5%.

Millions of people with disabilities regularly travel, shop, and eat out with family and friends. According to Census 2000, approximately 20.9 million families in this country have at least one member with a disability. The 2000 Census reported that almost 42% of older adults (65+ years) have one or more disabilities. The Administration on Aging projects that by 2030 there will be more than 69 million people age 65 and older, making up approximately 20% of the total U.S. population.

Complying with the ADA and training employees on its requirements can seem overwhelming for businesses. However, it is critical that businesses understand issues such as the fact that service animals should be permitted to go where ever the general public is allowed to go or that a percentage of guest rooms must be accessible to individuals who are deaf or hard of hearing. This information needs to be known by both management and front-line staff. Educating staff on the ADA helps to insure compliance and the provision of services in the most non-discriminatory manner.

Ensuring full access to hotels and restaurants can expand the customer base of a business. Millions of people with disabilities travel regularly, and many do so with family and friends. Individuals with disabilities control $175 billion in discretionary income, and this figure does not include the spending capabilities of their companions. Older travelers and families with young children benefit from accessibility features as well as individuals with disabilities. Complying with the ADA makes good business sense.

In order to assist members of the hospitality industry the network of DBTACs has assembled resources and technical assistance materials designed to assist compliance with the ADA and increase access for customers with disabilities. In addition, customized trainings are available for the hospitality industry by the DBTAC- Great Lakes ADA Center by calling (800) 949-4232 (V/TTY) or by visiting the Center's online training request formhttp://www.adagreatlakes.org/WebForms/RequestTraining/

In Focus Suggested Resources

The Docket

David McNary v. Schreiber Foods

http://caselaw.lp.findlaw.com/data2/circs/8th/073378p.pdf

The Eighth Circuit Court of Appeals affirmed a lower district court's summary judgment for Schreiber Foods in an Americans with Disabilities Act (ADA) case alleging an employee had been terminated in violation of the ADA. The employee, McNarry had alleged that he had been fired because of his graves disease and his diabetes. The employer stated that McNary had been terminated because he had been found by his supervisor sleeping on the job, a violation of company policy warranting termination.


The Court affirmed the lower court's decision writing, "where plaintiff failed to show that there was a genuine issue of material fact as to whether defendants proffered justification for the termination was." pretext for an illegal discriminatory motive based on his disability.

From the ADA Expert

Question: There ADA requirements for installing Fire Alarms (Audio/Visual) Devices in Restrooms?

Answer: A couple of things need to be considered first. 1) When was the building built and/or last renovated; 2) Are there emergency notification systems already in place within the building?


Once these questions are answered you can go through the remaining analysis of the issue. Here is what to consider:


  1. If the building does not have any emergency notification system in it then the ADA would not require that they install one. The ADA does not mandate an emergency notification system. The ADAAG Guidelines have scoping requirements that state "IF" an emergency notification system is present then it must meet the technical requirements of the ADA standards for accessible design for visual/auditory notification.
  2. If the building was constructed prior to the implementation of the ADA Accessibility Guidelines (January 26, 1993 for new construction) then the building would not be covered by the ADA standards for accessible design. Existing commercial structures are not covered under Title III unless they are undergoing renovation/addition after the implementation date of the ADA. If it was constructed before this date by an entity receiving federal funds then it would have been covered by the Rehabilitation Act Section 504 requirements, which use the Uniform Federal Accessibility Standards (UFAS). Local laws and codes may also address this situation depending on the date of the construction
  3. Privately owned buildings that are commercial facilities were not required to engage in "Readily Achievable Barrier Removal" under Title III of the ADA. Thus, if this building was constructed by a private entity (not receiving federal funds) prior to the ADA then it would not have an obligation to engage in any "readily achievable barrier removal" under Title III of the ADA. They would not need to consider retrofitting their alarm system to be accessible.
  4. If this building is a place of public accommodation (There are public accommodations fitting within the 12 categories under Title III of the ADA) and it was either built before the ADA implementation for existing facilities (January 26, 1992) or renovated after the effective date then they may have an obligation to engage in "readily achievable barrier removal" which would include the emergency notification system. The extent of their obligation to engage in readily achievable barrier removal would be governed by "undue burden" that may be associated with engaging in any barrier removal. The cost of doing this may not be "reasonable" and would depend on the resources of the entity.
  5. If this is an employment situation the employer should engage in the reasonable accommodation with this employee to determine if there are other alternatives for a reasonable accommodation request. For example, is the employee ever in a situation where they are the only one in a work area? If they never work alone or are in areas where there are not other employees that could alert them to an emergency then perhaps the accommodation requested is not needed. Or, could a portable system be installed in the employee's work area to alert them if an emergency took place in their work area? This would not address notification if an emergency occurred in other places within the facility. These are just examples and may or may not be appropriate in this circumstance but the point is that the employer should engage in a process of identifying potential options to the requested accommodation to determine if there is any that are equally effective to what was requested.

You may ask an individual if the animal is a service animal and ask the individual what task it performs. The ADA prohibits asking what an individual's disability is. Additionally, individuals can not be required to show that the animal has been certified. A service animal should be allowed to go where ever the general public is allowed to go and an individual with a disability should not be restricted from any programs or facilities because of the use of a service animal.

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

 

For more information please call 800-949-4232 (Voice/TTY) or Online via Contact Us form.

DBTAC: Great Lakes ADA Center
University of Illinois at Chicago
Department of Disability and Human Development (MC 728)
1640 West Roosevelt Road, Room 405
Chicago, Illinois 60608-6904
 
 
 
Last Updated on: Sun Nov 9, 2008