ADA Lecture (Students) PDF

THE AMERICANS WITH DISABILITY ACT (ADA) 1990 and 2008 ESTABLISHING A NEW ICON FOR ACCESS 99% Invisible: Icon for Access http://99percentinvisible.org/episode/icon-for-access/ 2  ◦ Recognize the l...

THE AMERICANS WITH DISABILITY ACT (ADA) 1990 and 2008 ESTABLISHING A NEW ICON FOR ACCESS 99% Invisible: Icon for Access http://99percentinvisible.org/episode/icon-for-access/ 2  ◦ Recognize the legal and regulatory requirements to prevent discrimination against individuals with disabilities ◦ Identify architectural barriers in the home and community Objectives ◦ Develop solutions for potential architectural barriers ◦ Reflect on your experiences using various assistive devices and the various environmental challenges you encountered  ◦ “The Americans with Disabilities Act (ADA) … is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private What is the places that are open to the general ADA? public. ◦ The purpose of the law is to make sure that people with disabilities have the same rights and opportunities as everyone else…” https://adata.org/learn-about-ada  Disability Rights Activist Movement Documentary https://youtu.be/qXD7TckuVjM (7:28) Disability Law, Policy and Civil Rights Movement (UW Madison) History of https://youtu.be/JbB3Azlil38 (6:29) the ADA The Disability Rights Movement https://youtu.be/bE0ta93FuKQ (3:01) What did the ADA mean to people? https://www.youtube.com/watch?v=o3m qgrmKz7s&feature=youtu.be (4:17)  ◦ All people with disabilities, visible and invisible, including persons with: ◦ physical or mental impairment that currently substantially limits one or more major life functions OR ◦ a record of such an impairment (e.g., cancer Who does the survivor) OR ADA cover? ◦ a person who is regarded as having such an impairment (e.g. significant facial disfigurement). The ADA also covers people “associated with a person with a disability” [for additional information see: https://www.law.upenn.edu/journals/jbl/articles/volume1/issue1/Mish1 U.Pa.J.Lab.%26Emp.L.159(1998).pdf ]  Examples of “Impairments” Covered by ADA Physical: Asthma, blindness, deafness, heart disease, diabetes Mental: Developmental delay, learning disabilities, depression Major life activities: breathing, hearing, seeing, speaking, walking, playing, learning, reading, concentrating, thinking, communicating, sleeping, working or other “major bodily function” Not temporary or “minor” conditions Pregnancy, simple fractures, sprains Temporary: 15 employees Public Sector Employers: any number of employees What are “reasonable accommodations”? ◦ A reasonable accommodation Employee must request an is assistance or changes to a position accommodation or workplace that will enable an It cannot cause undue financial or employee to do his or her job administrative burden despite having a disability. Personal services are not Accommodations are determined on a accommodations (e.g. glasses, hearing CASE-BY-CASE basis and in the aids) context of employment An employer is not required to provide Employees must be given “reasonable the most expensive accommodation or accommodations” UNLESS doing so the accommodation that the employee would pose an undue hardship. prefers, but it must allow the employee do his job. "Undue hardship" is defined as an ‘action requiring significant difficulty or expense, is unduly costly, extensive, substantial, disruptive or fundamentally alters the nature of the business’ when considered in light of a number of factors. the nature and cost of the accommodation in relation to the size, These factors include: resources, nature, and structure of the employer's operation. What is “undue In determining undue The ADA looks to the budget of an entire entity for financial hardship”? financial or administrative burden burden: A fundamental change in a program is an administrative burden. Undue hardship is determined on a CASE-BY-CASE basis. Reasonable Accommodations? Must be able to perform essential functions of the job With or without reasonable accommodations Casey Martin, 2001 A pro golfer who could not walk the whole course due to a LE arterial disorder. He requested the use of a golf cart in professional tournaments What are the essential functions of a pro golfer? Does this fundamentally change the game? Accommodations possible? Activity #2 Reasonable or Unreasonable? Employee requests: 1. Modification of a work schedule to 1. Yes (may depend on size) part time because of necessary travel arrangements 2. No, do not need to change job requirements 2. A modification of the productivity expectations 3. No, if someone else can 3. A daily braille menu in the cafeteria read the menu (alternative) 4. An elevator be installed 4. No, undue cost burden 5. A set of hearing aids from the employer 5. No, employers do not need to provide personal 6. A PT who cannot lift more than 25 aids lbs. 6. It Depends!  Must provide physical access and effective communication for all public services. For example: ◦ public transportation Title II: Public ◦ state/local public housing Services: ◦ provision of emergency services State and ◦ access to town meetings and assembly areas Local ◦ auxiliary communication aides Governments ◦ access for guide dogs ◦ sidewalks, parking, routes into the buildings ◦ access to restrooms, service counters and drinking fountains ◦ motor vehicle licensing, courts, polling places  Title II ◦ No additional charges to the consumer can be applied by the governments. ◦ Every PROGRAM must be accessible, but NOT EVERY FACILITY must be accessible. https://pixabay.com/photos/disabled-stroller-the-disease-4027745/ Title III: Public Accommodations (i.e. Buildings and Businesses) The ADA establishes requirements for public accommodations, e.g. stores and shops, restaurants and bars, service establishments, senior centers, golf courses, libraries, zoos, homeless shelters, theaters, hotels, recreation facilities, private museums, schools… ◦ It does not include ◦ "private clubs" or ◦ owned or operated by religious entities A public accommodation: ◦ cannot deny goods or services because a person has a disability or is associated with a person with a disability, ◦ cannot offer only unequal or separate benefits, AND https://pixabay.com/photos/wheelchair-ramp-disability-access-4164107/  ◦ New construction must comply with ADA ◦ Older buildings must come into compliance with any new renovations to the “maximum extent feasible” ◦ An existing public facility which is not undergoing alterations must be made accessible Title III: Public if it is "readily achievable," meaning "without Accommodations much difficulty or expense,“ ◦ Examples of "readily achievable" alterations (i.e. Buildings are: ramps, curb ramps, rearranging furniture, and Businesses) moving plants, widening doorways, putting tactile markers on elevators ◦ If an existing facility cannot be made accessible, then it must provide service in an alternative manner ◦ Examples., free delivery, taped tours of inaccessible exhibits, dixie cup dispensers on water fountains.  “A public accommodation shall take those steps that may be necessary to ensure that no individual with a disability is excluded, denied services, segregated or otherwise treated differently than other individuals because of the absence of auxiliary aids and services, unless the public accommodation can demonstrate that taking those steps would ◦ fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations being offered or would ◦ result in an undue burden, i.e. significant difficulty or expense.” 28 C.F.R. §36.303. https://pixabay.com/photos/wheelchair-ramp-disability-access-4164107/ Activity #3 What are some common accommodations you have seen? Reasonable Accommodations, What do you think? Paul McGann vs Cinemark A deaf-blind individual wants to go to the movies and requests a tactile interpreter, which costs $600 per showing and for a full length movie this individual would need 2 interpreters ◦ Reasonable Accommodation? ◦ Does this “fundamentally alter” the business (i.e. showing movies?) ◦ Would this constitute an “undue burden” for Cinemark? For more information see: https://caselaw.findlaw.com/us-3rd-circuit/1876823.html Title IV: Telecommunication s ◦ Telephone companies must provide a relay service for people who are deaf. ◦ Under this service, people with TDD/TTYs who are calling a party without a TDD/TTY, and vice versa, can make the call through a relay service, which will transmit the call via TDD/TTY or voice, depending on need. ◦ TV Public Service Announcements receiving federal funding must include closed captioning. Title V: Miscellaneous ◦ Any conflict between ADA and the Rehabilitation Act of 1973 (precursor to ADA) or between ADA and federal regulation, the higher standard will prevail ◦ Also includes provisions concerning: ◦ Insurance ◦ State immunity (state is not immune) ◦ Prohibition against retaliation and coercion ◦ Provision of attorneys fees ◦ Plans for technical assistance ◦ Alternative means of dispute resolution ◦ Much more  25 PT 8412 Prof Cohn STATE LAW ACCESSIBILITY https://pixabay.com/illustrations/accessibility-disability-1682903/ Mobility INSIDE THE HOME https://pixabay.com/photos/accessible-sustainable-house-home-5019260/ ADULT Standard Bariatric Wheelchair Wheelchair Seat width 18” Up to 48” (add 8” to account for the wc frame = 26”) Doorway 32” 42 - 45” Turning radius 60” 72”  Ramps ◦ 1” rise = 12”(1’) run (aka ramp) ◦ Width > 36” ◦ Max run of 30’ before need a http://www.adawheelchairramps.com/wheelchair-ramps/ada-guidelines.aspx rest platform ◦ Turn platform > 5’x5’ ◦ Handrails = 34”-38” if > 72” run http://cheezburger.com/5499154944 Doors canadorautomaticdoors.ca -32 inch opening -18” wall space on pull side of the door next to handle -force needed to open? -thresholds? -handles? Accessible Homes on Pinterest Bathrooms ◦ Grab bars = 34-38” off ground and 1.5” from the wall ◦ Clearance around toilet = 60” (consistent with the turning radius) A Tour of Accessibility Accessible House Building an Accessible House Retrofitting a house to be acce ssible Homes for our Troops Community Neighborhood Outside house Home “Life Space Diameters” Meyers et al (2002) Mobility OUTSIDE THE HOME https://pixabay.com/photos/motorized-wheelchair-wheelchair-952190/  https://upload.wikimedia.org/wikipedia/commons/1/1d/ RIAN_archive_21116_Afghan_war_veterans_meeting.jpg https://c1.staticflickr.com/ http://cheezburger.com/5159742208 3/2080/2451113038_b507f2190d.jpg ENVIRONMENT  Ramps: One foot of ramp length needed for every 1 inch of rise (1:12) https://commons.wikimedia.org/wiki/File:Ramps_at _Slussen_(15390070191).jpg https://upload.wikimedia.org/wikipedia/commons/c/ c0/Chartres%2C_H%C3%B4tel_Montescot_08_ra mpe_PMR.jpg Consider: -Surface -Railings -Slope -5’ landing every 30 feet of length http://ricehomemedical.com/wp-content/gallery/Ramps/Ramp-5.jpg : http://www.rehabmart.com/imagesfromrd/ntr-wfr-p4x4%20platform%20for%20modular%20 wheelchair%20ramps_wheelchair%20ramps.jpg Ramps: One foot of ramp length needed for every 1 inch of rise (1:12) http://shawneesteps.com/Redbank-ramp.jpg https://www.customplaygroundequipment.com/ images/w/adult-wheelchair-accessible-platform- swingset-Playground-Equipment-1434837673.jpg Universal Design “Accessible” Structures that meet specified standards for accessibility vs. “Universal Design” Designed for all people to use, those with and without a disability https://www.youtube.com/watch?v=IV1vWF_yIRk Sample Universal Design Modifications ◦ Auto faucets ◦ Alcoves with 60" × 60" turning space at doors and dead-ends ◦ CC TV in pubs ◦ Lever door handles ◦ Museum with audio or written descriptions ◦ Automatic doors ◦ Auditory output redundant with ◦ Light switches with large flat panels rather information on visual displays than small toggle switches ◦ Curb cuts, ramps, curb ramps ◦ Visual output redundant with information in auditory output ◦ Ramp access in swimming pools ◦ Signs with light-on-dark visual ◦ Wide interior doors (3'0"), hallways contrast  ◦ ADA covers people with visible and invisible disabilities as well as those associated with them ◦ Disability can be a physical or mental impairment that impacts 1 or more major life activities ◦ A qualified person with a disability is one who is able to perform the essential functions of a job with OR without reasonable Summary accommodations ◦ A reasonable accommodation is assistance or changes to a position or workplace that will enable an employee to do his or her job despite having a disability. ◦ Employees must be given “reasonable accommodations” unless doing so would pose an undue hardship. ◦ Accommodations are determined on a CASE-BY-CASE basis ◦ Our role is to minimize barriers and maximize accessibility Mobility Assignment Community Mobility Tasks Experiential Activity Environmental Assessment Individual Reflection Mobility Simulation Activity What will you need? What will you simulate? ◦ ADA checklist ◦ You will simulate having a variety of “disabilities.” ◦ Measuring tape ◦ Assess your commute and/or your living space or other space you visit ◦ Paper and pencil that day. KEEP NOTES Resources 1. ADA National Network http://adaanniversary.org/#dyk 2. ADA Standards for Accessible Design http://www.ada.gov/regs2010/2010ADAStandards/2010ADAStandards.pdf 3. ADA Revised Standards Compliance information http://www.ada.gov/revised_effective_dates-2010.htm 4. US Government Website: www.disability.gov 5. Easter Seals: http://www.easterseals.com/site/PageServer?pagename=ntlc_easyaccesshousing_tips_adaptable 6. Center for Universal Design: http://www.ncsu.edu/project/design-projects/udi/ 7. ADA videos http://www.ada.gov/mycountryvideo/hi_speed_qt/mycountrydslgallery.htm 8. ADA Section 504: Factsheet http://www.hhs.gov/ocr/civilrights/resources/factsheets/504ada.pdf 9. Western University Center for Disability and Health Policy http://www.cdihp.org/products.html 10. Using a Resource Does Not Have to be an Exercise in Frustration: http://www.cdihp.org/pdf/fitness-center-nov08.pdf 11. Improving Accessibility with Limited Resources http://www.cdihp.org/briefs/3.%20Brief-Access%20Limited$-FINAL%20Edition%202_12.28.08.pdf 12.US Census Bureau Brief (2003): Disability Status 2000 http://www.census.gov/prod/2003pubs/c2kbr-17.pdf 13.Universal Design Education: http://www.udeducation.org/ 14.Disability History Museum: http://www.disabilitymuseum.org/dhm/about/about.html 15.The History of the ADA: A Movement Perspective http://dredf.org/publications/ada_history.shtml 16.The Council for Disability Rights http://www.disabilityrights.org/adafaq.htm 17.Rocky Mountain ADA Center http://www.adainformation.org/Default.aspx 18.Removing Barriers to Health Care: A Guide for Health Professionals : http://www.fpg.unc.edu/~ncodh/rbar/ 19.Longitudinal Study of Playground Surfaces to Evaluate Accessibility (Executive Summary): http://www.ncaonline.org/docs/NCA%20Playground%20Surface%20Study%20Year%20One.pdf