Ada Title Iv: Telecommunications Relay Services
Title IV addresses telephone and television access for people with hearing and speech disabilities. It requires common carriers to establish interstate and intrastate telecommunications relay services 24 hours a day, 7 days a week. TRS enables callers with hearing and speech disabilities who use TTYs , and callers who use voice telephones to communicate with each other through a third party communications assistant. The Federal Communications Commission has set minimum standards for TRS services. Title IV also requires closed captioning of Federally funded public service announcements. For more information about TRS, contact the FCC at:
Federal Communications Commission445 12th Street, S.W.Washington, D.C. 20554 225-5322 835-5322 www.fcc.gov/general/disability-rights-office
Nondiscrimination On The Basis Of Disability In State And Local Government Services
Title II of the ADA prohibits discrimination against qualified individuals with disabilities in all programs, activities, and services of public entities. It applies to all state and local governments, their departments and agencies, and any other instrumentalities or special purpose districts of state or local governments. It clarifies the requirements of section 504 of the Rehabilitation Act of 1973, as amended, for public transportation systems that receive federal financial assistance, and extends coverage to all public entities that provide public transportation, whether or not they receive federal financial assistance. It establishes detailed standards for the operation of public transit systems, including commuter and intercity rail .
This title outlines the administrative processes to be followed, including requirements for self-evaluation and planning requirements for making reasonable modifications to policies, practices, and procedures where necessary to avoid discrimination architectural barriers to be identified and the need for effective communication with people with hearing, vision and speech disabilities. This title is regulated and enforced by the U.S. Department of Justice.
Relationship To Other Laws
Section 35.103 is derived from sections 501 and of the ADA. Paragraph of this section provides that, except as otherwise specifically provided by this part, title II of the ADA is not intended to apply lesser standards than are required under title V of the Rehabilitation Act of 1973, as amended , or the regulations implementing that title. The standards of title V of the Rehabilitation Act apply for purposes of the ADA to the extent that the ADA has not explicitly adopted a different standard than title V. Because title II of the ADA essentially extends the antidiscrimination prohibition embodied in section 504 to all actions of State and local governments, the standards adopted in this part are generally the same as those required under section 504 for federally assisted programs. Title II, however, also incorporates those provisions of titles I and III of the ADA that are not inconsistent with the regulations implementing section 504. Judiciary Committee report, H.R. Rep. No. 485, 101st Cong., 2d Sess., pt.3, at 51 Education and Labor Committee report, H.R. Rep. No. 485, 101st Cong., 2d Sess., pt. 2, at 84 . Therefore, this part also includes appropriate provisions derived from the regulations implementing those titles. The inclusion of specific language in this part, however, should not be interpreted as an indication that a requirement is not included under a regulation implementing section 504.
§ 35.104 Definitions.
A record of such an impairment or
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Spector V Norwegian Cruise Line Ltd
Spector v. Norwegian Cruise Line Ltd. was a case that was decided by the United States Supreme Court in 2005. The defendant argued that as a vessel flying the flag of a foreign nation it was exempt from the requirements of the ADA. This argument was accepted by a federal court in Florida and, subsequently, the Fifth Circuit Court of Appeals. However, the U.S. Supreme Court reversed the ruling of the lower courts on the basis that Norwegian Cruise Lines was a business headquartered in the United States whose clients were predominantly Americans and, more importantly, operated out of port facilities throughout the United States.
Section 35133 Maintenance Of Accessible Features
Section 35.133 in the 1991 title II regulation provides that a public entity must maintain in operable working condition those features of facilities and equipment that are required to be readily accessible to and usable by qualified individuals with disabilities. See 28 CFR 35.133. In the NPRM, the Department clarified the application of this provision and proposed one change to the section to address the discrete situation in which the scoping requirements provided in the 2010 Standards reduce the number of required elements below the requirements of the 1991 Standards. In that discrete event, a public entity may reduce such accessible features in accordance with the requirements in the 2010 Standards.
The Department received only four comments on this proposed amendment. None of the commenters opposed the change. In the final rule, the Department has revised the section to make it clear that if the 2010 Standards reduce either the technical requirements or the number of required accessible elements below that required by the 1991 Standards, then the public entity may reduce the technical requirements or the number of accessible elements in a covered facility in accordance with the requirements of the 2010 Standards.
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Nondiscrimination On The Basis Of Disability By Public Accommodations And In Commercial Facilities
This title prohibits private places of public accommodation from discriminating against individuals with disabilities. Examples of public accommodations include privately-owned, leased or operated facilities like hotels, restaurants, retail merchants, doctors offices, golf courses, private schools, day care centers, health clubs, sports stadiums, movie theaters, and so on. This title sets the minimum standards for accessibility for alterations and new construction of facilities. It also requires public accommodations to remove barriers in existing buildings where it is easy to do so without much difficulty or expense. This title directs businesses to make “reasonable modifications” to their usual ways of doing things when serving people with disabilities. It also requires that they take steps necessary to communicate effectively with customers with vision, hearing, and speech disabilities. This title is regulated and enforced by the U.S. Department of Justice.
Are You Protected By The Ada
If you have a disability and are qualified to do a job, the ADA protects you from job discrimination on the basis of your disability. Under the ADA, you have a disability if you have a physical or mental impairment that substantially limits a major life activity. The ADA also protects you if you have a history of such a disability, or if an employer believes that you have such a disability, even if you don’t.
To be protected under the ADA, you must have, have a record of, or be regarded as having a substantial, as opposed to a minor, impairment. A substantial impairment is one that significantly limits or restricts a major life activity such as hearing, seeing, speaking, walking, breathing, performing manual tasks, caring for oneself, learning or working.
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Title Ii Regulations Ada Amendments Act Final Rule Guidance And Section
APPENDIX C TO PART 35GUIDANCE TO REVISIONS TO ADA TITLE II AND TITLE III REGULATIONS REVISING THE MEANING AND INTERPRETATION OF THE DEFINITION OF DISABILITY AND OTHER PROVISIONS IN ORDER TO INCORPORATE THE REQUIREMENTS OF THE ADA AMENDMENTS ACT
NOTE: This appendix contains guidance providing a section-by-section analysis of the revisions to 28 CFR parts 35 and 36 published on August 11, 2016.
Guidance and Section-by-Section Analysis
This section provides a detailed description of the Departments changes to the meaning and interpretation of the definition of “disability” in the title II and title III regulations, the reasoning behind those changes, and responses to public comments received on these topics. See Office of the Attorney General Amendment of Americans with Disabilities Act Title II and Title III Regulations to Implement ADA Amendments Act of 2008, 79 FR 4839 .
Sections 35.101 and 36.101Purpose and broad coverage.
Sections 35.104 and 36.104Definitions.
The Department received no public comments in response to this proposal and the definition of “disability” remains in its own sections in the final rule.
Sections 35.108 and 36.105 Definition of “disability”General.
Disability means, with respect to an individual,
- a physical or mental impairment that substantially limits one or more of the major life activities of such individual
- a record of such an impairment or
- being regarded as having such an impairment.
56 FR 35694, 35717 56 FR 35544, 35548 .
Subpart F Compliance Procedures
Subpart F sets out the procedures for administrative enforcement of this part. Section 203 of the Act provides that the remedies, procedures, and rights set forth in section 505 of the Rehabilitation Act of 1973 for enforcement of section 504 of the Rehabilitation Act, which prohibits discrimination on the basis of handicap in programs and activities that receive Federal financial assistance, shall be the remedies, procedures, and rights for enforcement of title II. Section 505, in turn, incorporates by reference the remedies, procedures, and rights set forth in title VI of the Civil Rights Act of 1964 . Title VI, which prohibits discrimination on the basis of race, color, or national origin in federally assisted programs, is enforced by the Federal agencies that provide the Federal financial assistance to the covered programs and activities in question. If voluntary compliance cannot be achieved, Federal agencies enforce title VI either by the termination of Federal funds to a program that is found to discriminate, following an administrative hearing, or by a referral to this Department for judicial enforcement.
Title II of the ADA extended the requirements of section 504 to all services, programs, and activities of State and local governments, not only those that receive Federal financial assistance. The House Committee on Education and Labor explained the enforcement provisions as follows:
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Can An Employer Require Medical Examinations Or Ask Questions About A Disability
If you are applying for a job, an employer cannot ask you if you are disabled or ask about the nature or severity of your disability. An employer can ask if you can perform the duties of the job with or without reasonable accommodation. An employer can also ask you to describe or to demonstrate how, with or without reasonable accommodation, you will perform the duties of the job.
An employer cannot require you to take a medical examination before you are offered a job. Following a job offer, an employer can condition the offer on your passing a required medical examination, but only if all entering employees for that job category have to take the examination. However, an employer cannot reject you because of information about your disability revealed by the medical examination, unless the reasons for rejection are job-related and necessary for the conduct of the employer’s business. The employer cannot refuse to hire you because of your disability if you can perform the essential functions of the job with an accommodation.
The results of all medical examinations must be kept confidential, and maintained in separate medical files.
Green V State Of California
Green v. State of California, No. S137770 was a case in which the majority of the Supreme Court in California was faced with deciding whether the employee suing the state is required to prove they are able to perform “essential” job duties, regardless of whether or not there was “reasonable accommodation,” or if the employer must prove the person suing was unable to do so. The court ruled the burden was on the employee, not the employer, and reversed a disputed decision by the courts. Plaintiff attorney David Greenberg brought forth considerations of the concept that, even in the state of California, employers do not have to employ a worker who is unable to perform “essential job functions” with “reasonable accommodation.” Forcing employers to do so “would defy logic and establish a poor public policy in employment matters.”
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What Is The Ada
The ADA is an expansive addition to American civil rights laws, specifically for people with disabilities to have the same opportunities as other citizens. It prohibits disability discrimination in:
- Commercial spaces
The ADA even includes standards for accessible design so that new structures are constructed, and older ones are modified to enhance accessibility.
Ada Amendments Act 2008
The ADA defines a covered disability as a physical or mental impairment that substantially limits one or more major life activities, a history of having such an impairment, or being regarded as having such an impairment. The Equal Employment Opportunity Commission was charged with interpreting the 1990 law with regard to discrimination in employment. The EEOC developed regulations limiting an individual’s impairment to one that “severely or significantly restricts” a major life activity. The ADAAA directed the EEOC to amend its regulations and replace “severely or significantly” with “substantially limits”, a more lenient standard.
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Does The Ada Apply To My Small Business
There are several sections of the Americans with Disabilities Act, and whether or not it applies to your small business may be a function of the size and type of business you run.
Title I of the ADA addresses discrimination in the hiring process and reasonable accommodations for employees with disabilities. Title I applies to any business that operates 20 or more weeks out of the year AND employs 15 or more employees. This means if your business is seasonal only , you get a pass. It also means if you employ less than 15 people, you get a pass. But that is only for Title I. And state laws may require compliance with fewer employees. Even if you arent subject to Title I, your business may still be subject to Title III.
Title III of the ADA addresses accessibility of businesses to people with disabilities. Title III applies to businesses that fall under the definition of public accommodation. This means that if your business provides goods or services to the public, you are subject to Title III of the ADA. REGARDLESS of your business size. Even solopreneurs are legally obligated to comply!
Unfunded Mandates Reform Act
Section 4 of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1503, excludes from coverage under that Act any proposed or final Federal regulation that establishes or enforces any statutory rights that prohibit discrimination on the basis of race, color, religion, sex, national origin, age, handicap, or disability. Accordingly, this rulemaking is not subject to the provisions of the Unfunded Mandates Reform Act.
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Title Ii Regulations Supplementary Information
DEPARTMENT OF JUSTICERIN 1190AA46Nondiscrimination on the Basis of Disability in State and Local Government ServicesAGENCY:Department of Justice, Civil Rights Division.ACTION:Final rule.
SUMMARY:This final rule revises the regulation of the Department of Justice that implements title II of the Americans with Disabilities Act , relating to nondiscrimination on the basis of disability in State and local government services. The Department is issuing this final rule in order to adopt enforceable accessibility standards under the ADA that are consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance Board , and to update or amend certain provisions of the title II regulation so that they comport with the Departments legal and practical experiences in enforcing the ADA since 1991. Concurrently with the publication of this final rule for title II, the Department is publishing a final rule amending its ADA title III regulation, which covers nondiscrimination on the basis of disability by public accommodations and in commercial facilities.
DATES:Effective Date: March 15, 2011.
FOR FURTHER INFORMATION
What Is A Protected Dissability
Under most employment legislation, such as Age Discrimination in Employment Act or Title VII, it is fairly obvious whether a person is a part of a protected class. However, under the ADA, it is a bit more complicated to determine whether a person is part of a protected class.
A person is protected under the ADA against discrimiation for employment opportunities. State and local government and other public entities apply the title ii to labor unions and help people with disabilities.
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Who Does The Americans With Disabilities Act Protect
The Americans with Disabilities Act is a law that guarantees everyone has the same opportunity to enjoy and participate in American life. A person with a disability under the law is someone who has a physical or mental impairment that substantially limits one or more life activities. Life activities include learning, working, self care, performing manual tasks, walking, hearing and many more. How long a persons impairment lasts is a factor used to decide if a person is considered disabled under the ADA. Impairments that last only for a short period of time are typically not covered, although they may be covered if very severe. A person may be protected under this law based on an existing disability, a record of a disability, or because she is perceived by others as having a disability.
The ADA protects people with disabilities in public accommodations. Examples of public accommodations include doctors offices, theaters, hotels, restaurants and retail stores. Existing facilities must ensure that individuals are not excluded so long as there is not an undue hardship on the owner. This is accomplished by modifying existing facilities, constructing additional facilities, or relocating to an accessible building. All new construction of places of public accommodations must be accessible. For example, public buildings should provide access for wheelchairs.
Section 35151 New Construction And Alterations
Section 35.151, which provided that those facilities that are constructed or altered by, on behalf of, or for the use of a public entity shall be designed, constructed, or altered to be readily accessible to and usable by individuals with disabilities, is unchanged in the final rule, but has been redesignated as § 35.151. The Department has added a new section, designated as § 35.151, to provide that full compliance with the requirements of this section is not required where an entity can demonstrate that it is structurally impracticable to meet the requirements. Full compliance will be considered structurally impracticable only in those rare circumstances when the unique characteristics of terrain prevent the incorporation of accessibility features. This exception was contained in the title III regulation and in the 1991 Standards , so it has applied to any covered facility that was constructed under the 1991 Standards since the effective date of the ADA. The Department added it to the text of § 35.151 to maintain consistency between the design requirements that apply under title II and those that apply under title III. The Department received no significant comments about this section.
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