ACCOMMODATING PERSONS WITH DISABILITIES UNDER THE AMERICANS WITH DISABILITIES ACT (ADA)
Christiane Tourtet B.A.
October 01, 2007
There are more than 50 million people in America who have disabilities. The goal of the law, the Americans with Disabilities Act (ADA), which covers businesses, non-profit service providers, employment, state and local government services, facilities, activities and programs, is to make it possible for persons with disabilities, to participate in the daily economic, commercial and social activities of life in America. The ADA has divided businesses into two categories. Non-profit organizations and businesses that provide services and goods to the public are called "public accommodations". This include medical practices, pharmacies, grocers, others retailers, legal offices, hotels, restaurants, banks, dry cleaners, amusement parks, schools, child care centers, health spas, art galleries, movie theaters, nights clubs, and numerous other businesses. There are seven million businesses in America that fall into this category, ranging from small mom-and pop to major chains establishments.
Manufacturers or wholesalers are called "commercial facilities" because the do not serve the public directly and since they are not "commercial facilities" they do not have to follow all the rules for public accommodations. All businesses serving the public must provide equal opportunity for customers with disabilities. The ADA tells that people with disabilities are entitled to "the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations" that public accommodations provide its customers.
Every type of services or goods a business provides to customers is covered under the ADA. Making it possible for customers with disabilities to buy your services and goods is an important part of complying with the ADA. Every business has formally or informally, practices, policies, procedures, routines, in order for the business to operate as smoothly as possible, but sometimes this normal way of doing things, makes it difficult or even impossible for customers with disabilities to buy your services and goods Businesses are required by the ADA to make "reasonable modifications" in their usual ways of doing business, when it is necessary to accommodate customers who have disabilities. The majority of accommodations involve providing some extra assistance to a customer with a disability or making minor adjustments in procedure. Usually a customer with a disability will let you know if she or he needs some kind of accommodation.
The ADA does not tell exactly what you must do in every situation. The main idea is to not exclude a customer because of an unwillingness to make an accommodation that is easy to make and fairly simple. If needed, it is reasonable under ADA to provide some extra assistance to a customer with a disability, even during busy periods and when other customers are waiting. Some examples of reasonable modifications, would be for instance, for a store requiring a driver´s license as identification for paying by check, from a customer whose disability prevents her or him from getting a driver´s license, to accepts an alternative form of identification such as a state-issued picture ID for non-drivers .A store employee may carry a bulky item to the store´s check-out counter for an older customer using a walker. A restaurant may need to provide assistance to a customer who is unable to use both hands to cut his or her food, by cutting the food into bite-sizes pieces .An employee in a grocery store may need to assist a customer using a wheelchair by retrieving merchandise from a high shelf. A clothing store may need to modify its policy of permitting only one person at a time in a dressing room, for a customer with a disability who is using a companion´s assistance in order to try clothes .Staff may need to assist a customer who has an intellectual disability in understanding instructions and labels on products.A customer, for instance, with a food allergy, may request a restaurant if it is possible, to omit an ingredient or sauce from a dish, she or he wants to order. The request should be honored if it is easy to do.
Under ADA, businesses are expected to provide effective communication with customers who have speech, hearing, vision disabilities, and have to assume responsibility for taking steps needed for effective communication. Businesses such as a grocery store, a restaurant, a theater, a lawyer´s office and customers with different disabilities may need different solutions because the nature of their communications is different. For instance you can read or speak information to a customer who has low vision or who is blind .A blind customer may need assistance in maneuvering through your business´s place, or in finding an item. Printed information can be provided in Braille, large print, on a computer disk, or in an audio format, such as an audio CD cassette, or MPS player, or providing a magnifying glass to help a person with low vision to read printed materials. You can, for instance read notes written by a customer with a speech disability, or listen or read to the words communicated by the customer´s "communication board".
For customers who are hard of hearing or deaf, an oral interpreter, a sign language interpreter, a printed transcript of the words that are usually spoken or a service called "real time captioning" can be provided for spoken information. You can ask a customer what technique she or he usually uses to understand printed information (for a customer who has a vision disability) or spoken information (for a customer with an hearing disability).Usually a customer will let you know what she or he needs, or will ask you which techniques you provide. You cannot require customers to bring their own interpreters, but under ADA, you can accept that a customer prefers to bring her or his own interpreter, if agreed upon in advance. You cannot charge the customer extra to cover the cost of any service needed to communicate effectively. If a customer shows up with an interpreter and no prior arrangement was made, in this instance, you are not obliged to use or pay for the services provided by the interpreter, unless you agree to.
Business are not expected to provide any services that would " fundamentally alter" the business´s services and goods, or that would cause an undue burden, which is defined as "significant difficulty or expense" which is evaluated on a case- by- case basis, in regard to the business´s overall resources. If a service or communication would cause an undue burden a business must provide another service or communication aid that is less costly or difficult, if available. For example, it would be an undue burden for a car dealer to assist walk-in customers by having a sign language interpreter available all the time. However, if requested ahead of time by a customer, the car dealer can arrange for an interpreter to be available at a specific time .When removing barriers is not readily achievable , the ADA expects businesses to provide services and goods to persons with disabilities in other ways that are "readily achievable". For example, an attorney, an accountant, or an insurance agent whose office are not accessible can make arrangement to meet with a client at some other convenient location, such as the client´s home, or a public library.
A restaurant, a small store, a dry cleaner, or similar business., unable to install a lift or a ramp because of constraints on the site, or of cost, can make their services and goods available to a customer with a disability by providing home delivery or curb-side service. Businesses cannot charge people with disabilities higher prices to cover the cost of providing services in other ways. For example a restaurant cannot charge a customer who uses a wheelchair, extra, for home delivery, when this is provided as the alternative to barrier removal .Businesses that provide curb-side service should install a bell or a buzzer so customers can signal for service.
For accommodating persons disabled with Multiple Chemical Sensitivity (MCS) under the Americans with Disabilities Act (ADA) the US Access Board, an independent Federal Agency devoted to accessibility of persons with disabilities, has adopted a fragrance-free environment, and also, has on-line, an extensive report on indoor environmental quality (IEQ).
http://www.access-board.gov/about/policies/fragrance.htm
http://www.access-board.gov/news/ieq.htm
http://ieq.nibs.org
More information about Multiple Chemical Sensitivity (MCS) can be found at:
MCS HOMEPAGE
http://www.nettally.com/prusty/mcs.htm
It is important to know that businesses are responsible for maintaining the accessibility
of their equipment and facilities. A business is no longer accessible if features are broken or blocked. The ADA allows temporary or isolated interruptions in access because of repair or maintenance of accessible features. However during these temporary interruptions, a business must find other ways to make its services or goods available to customers with disabilities. As long as it is "readily achievable" businesses that serve the public must remove barriers to improve accessibility in existing facilities, and should use the ADA Standards of Accessible Design as a guide to identify and remove barriers. Businesses should take other readily achievable measures, as long as they are safe, if compliance with these standards is not readily achievable.
In regard to remodeling, additions and new buildings, the ADA requires all facilities and all commercial buildings built since 1992, in the United States, to comply with the ADA Standards for Accessible Design (ADA Standards). The ADA Standards covers, handles and switches, service counters, toilet facilities, corridors, sidewalks, entrances, rooms, parking lots, and numerous other elements, spaces, and features. There is no inspection process for the ADA, however the building owner as well as people responsible for construction and design are responsible for complying with the ADA. When there is an expansion of a building, the completed new elements or spaces that are built as part of the addition must meet the ADA Standards. Unless the cost of changes is disproportionate,
the path of travel to the altered area , when a primary function is altered, and the amenities serving the altered area must be made accessible. If the costs for the added alterations exceed 20 percent of the cost of the overall alteration, then the costs for the added alterations are considered disproportionate.
Businesses, providing transportation services, to support their primary business, must provide equivalent service for people with disabilities. They can do so, by acquiring and operating accessible vehicles, or provide accessible transportation services, when needed, by contracting with another company. The services offered to persons with disabilities must be as convenient as the services offered to other people , in terms of hours of operation, response times, schedules, fares, drop-off and pick-up locations and other measures of service that are equivalent. Businesses cannot charge people with disabilities extra to recover the cost associated with complying with the ADA. These costs are considered part of a business´s overall cost of doing business, but these costs of complying with the ADA can be offset through deductions that are available for businesses that improve accessibility, or through special IRS tax credit.
In order to help businesses offset the costs of complying with the ADA, Congress has made two kinds of tax incentives available. Year after year businesses are allowed to take advantage of these incentives, to make their facilities, services and goods more accessible. The Disabled Access Credit is available to small businesses that have a total revenues of $ 1.000.000 or less, or that have 30 of fewer employees. A credit of
5000 per year is available to offset the cost of a business for removing barriers, hiring readers or interpreters, needed to communicate effectively, producing documents in alternate formats such as audiotape or large print, or taking other steps to improve accessibility for employees or customers with disabilities. This provision can be found in section 44 of the URS tax code. Businesses of any size, under section 190 of the IRS tax code, can take a deduction of up to $ 15,000 every year for the cost of removing barriers in vehicles or facilities. The deduction and the credit are available for removing barriers in existing facilities. The credit is also available for taking steps to improve accessibility, and for providing effective communication. However, neither of these incentives applies to the costs of building a new facility. You should contact the IRS or your accountant for more information about these ADA tax incentives.
It is expected of businesses, by persons with disabilities, to take positive steps to comply with the ADA. If businesses do not take steps to comply with the ADA, they may face legal consequences. The ADA gives persons with disabilities the right to file lawsuits in Federal courts and obtain Federal court orders to stop ADA violations. They can also file complaints with the Justice Department, which can make investigations and attempt to resolve the complaints .The Justice Department has the authorization to file lawsuits in Federal court, in cases of where " a pattern or practice" of discrimination is alleged or of "general public importance". If you are sued by the Department of Justice and you lose the case, you may have to pay monetary damages for civil penalties and compensatory relief. Civil penalties may run as high as $ 55.000 for a first violation or $ 110.000 for a subsequent violation. You should consult your State attorney General ´Office for information about antidiscrimination laws in your state. Some states have laws similar to the ADA that are enforced by local civil rights commissions or by the state´s court system. So, the best way to prevent ADA lawsuits is to learn diligently about the law ADA, educate your employees on a continuous basis about their responsibilities and take on going actions to fully comply with the ADA.
References:
U.S. Department of Justice, Americans with Disabilities Act, ADA Homepage
http://www.ada.gov
United States Access Board
http://www.access-board.gov/about/laws/index.htm
© 2007 Christiane Tourtet, all rights reserved.
Manufacturers or wholesalers are called "commercial facilities" because the do not serve the public directly and since they are not "commercial facilities" they do not have to follow all the rules for public accommodations. All businesses serving the public must provide equal opportunity for customers with disabilities. The ADA tells that people with disabilities are entitled to "the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations" that public accommodations provide its customers.
Every type of services or goods a business provides to customers is covered under the ADA. Making it possible for customers with disabilities to buy your services and goods is an important part of complying with the ADA. Every business has formally or informally, practices, policies, procedures, routines, in order for the business to operate as smoothly as possible, but sometimes this normal way of doing things, makes it difficult or even impossible for customers with disabilities to buy your services and goods Businesses are required by the ADA to make "reasonable modifications" in their usual ways of doing business, when it is necessary to accommodate customers who have disabilities. The majority of accommodations involve providing some extra assistance to a customer with a disability or making minor adjustments in procedure. Usually a customer with a disability will let you know if she or he needs some kind of accommodation.
The ADA does not tell exactly what you must do in every situation. The main idea is to not exclude a customer because of an unwillingness to make an accommodation that is easy to make and fairly simple. If needed, it is reasonable under ADA to provide some extra assistance to a customer with a disability, even during busy periods and when other customers are waiting. Some examples of reasonable modifications, would be for instance, for a store requiring a driver´s license as identification for paying by check, from a customer whose disability prevents her or him from getting a driver´s license, to accepts an alternative form of identification such as a state-issued picture ID for non-drivers .A store employee may carry a bulky item to the store´s check-out counter for an older customer using a walker. A restaurant may need to provide assistance to a customer who is unable to use both hands to cut his or her food, by cutting the food into bite-sizes pieces .An employee in a grocery store may need to assist a customer using a wheelchair by retrieving merchandise from a high shelf. A clothing store may need to modify its policy of permitting only one person at a time in a dressing room, for a customer with a disability who is using a companion´s assistance in order to try clothes .Staff may need to assist a customer who has an intellectual disability in understanding instructions and labels on products.A customer, for instance, with a food allergy, may request a restaurant if it is possible, to omit an ingredient or sauce from a dish, she or he wants to order. The request should be honored if it is easy to do.
Under ADA, businesses are expected to provide effective communication with customers who have speech, hearing, vision disabilities, and have to assume responsibility for taking steps needed for effective communication. Businesses such as a grocery store, a restaurant, a theater, a lawyer´s office and customers with different disabilities may need different solutions because the nature of their communications is different. For instance you can read or speak information to a customer who has low vision or who is blind .A blind customer may need assistance in maneuvering through your business´s place, or in finding an item. Printed information can be provided in Braille, large print, on a computer disk, or in an audio format, such as an audio CD cassette, or MPS player, or providing a magnifying glass to help a person with low vision to read printed materials. You can, for instance read notes written by a customer with a speech disability, or listen or read to the words communicated by the customer´s "communication board".
For customers who are hard of hearing or deaf, an oral interpreter, a sign language interpreter, a printed transcript of the words that are usually spoken or a service called "real time captioning" can be provided for spoken information. You can ask a customer what technique she or he usually uses to understand printed information (for a customer who has a vision disability) or spoken information (for a customer with an hearing disability).Usually a customer will let you know what she or he needs, or will ask you which techniques you provide. You cannot require customers to bring their own interpreters, but under ADA, you can accept that a customer prefers to bring her or his own interpreter, if agreed upon in advance. You cannot charge the customer extra to cover the cost of any service needed to communicate effectively. If a customer shows up with an interpreter and no prior arrangement was made, in this instance, you are not obliged to use or pay for the services provided by the interpreter, unless you agree to.
Business are not expected to provide any services that would " fundamentally alter" the business´s services and goods, or that would cause an undue burden, which is defined as "significant difficulty or expense" which is evaluated on a case- by- case basis, in regard to the business´s overall resources. If a service or communication would cause an undue burden a business must provide another service or communication aid that is less costly or difficult, if available. For example, it would be an undue burden for a car dealer to assist walk-in customers by having a sign language interpreter available all the time. However, if requested ahead of time by a customer, the car dealer can arrange for an interpreter to be available at a specific time .When removing barriers is not readily achievable , the ADA expects businesses to provide services and goods to persons with disabilities in other ways that are "readily achievable". For example, an attorney, an accountant, or an insurance agent whose office are not accessible can make arrangement to meet with a client at some other convenient location, such as the client´s home, or a public library.
A restaurant, a small store, a dry cleaner, or similar business., unable to install a lift or a ramp because of constraints on the site, or of cost, can make their services and goods available to a customer with a disability by providing home delivery or curb-side service. Businesses cannot charge people with disabilities higher prices to cover the cost of providing services in other ways. For example a restaurant cannot charge a customer who uses a wheelchair, extra, for home delivery, when this is provided as the alternative to barrier removal .Businesses that provide curb-side service should install a bell or a buzzer so customers can signal for service.
For accommodating persons disabled with Multiple Chemical Sensitivity (MCS) under the Americans with Disabilities Act (ADA) the US Access Board, an independent Federal Agency devoted to accessibility of persons with disabilities, has adopted a fragrance-free environment, and also, has on-line, an extensive report on indoor environmental quality (IEQ).
http://www.access-board.gov/about/policies/fragrance.htm
http://www.access-board.gov/news/ieq.htm
http://ieq.nibs.org
More information about Multiple Chemical Sensitivity (MCS) can be found at:
MCS HOMEPAGE
http://www.nettally.com/prusty/mcs.htm
It is important to know that businesses are responsible for maintaining the accessibility
of their equipment and facilities. A business is no longer accessible if features are broken or blocked. The ADA allows temporary or isolated interruptions in access because of repair or maintenance of accessible features. However during these temporary interruptions, a business must find other ways to make its services or goods available to customers with disabilities. As long as it is "readily achievable" businesses that serve the public must remove barriers to improve accessibility in existing facilities, and should use the ADA Standards of Accessible Design as a guide to identify and remove barriers. Businesses should take other readily achievable measures, as long as they are safe, if compliance with these standards is not readily achievable.
In regard to remodeling, additions and new buildings, the ADA requires all facilities and all commercial buildings built since 1992, in the United States, to comply with the ADA Standards for Accessible Design (ADA Standards). The ADA Standards covers, handles and switches, service counters, toilet facilities, corridors, sidewalks, entrances, rooms, parking lots, and numerous other elements, spaces, and features. There is no inspection process for the ADA, however the building owner as well as people responsible for construction and design are responsible for complying with the ADA. When there is an expansion of a building, the completed new elements or spaces that are built as part of the addition must meet the ADA Standards. Unless the cost of changes is disproportionate,
the path of travel to the altered area , when a primary function is altered, and the amenities serving the altered area must be made accessible. If the costs for the added alterations exceed 20 percent of the cost of the overall alteration, then the costs for the added alterations are considered disproportionate.
Businesses, providing transportation services, to support their primary business, must provide equivalent service for people with disabilities. They can do so, by acquiring and operating accessible vehicles, or provide accessible transportation services, when needed, by contracting with another company. The services offered to persons with disabilities must be as convenient as the services offered to other people , in terms of hours of operation, response times, schedules, fares, drop-off and pick-up locations and other measures of service that are equivalent. Businesses cannot charge people with disabilities extra to recover the cost associated with complying with the ADA. These costs are considered part of a business´s overall cost of doing business, but these costs of complying with the ADA can be offset through deductions that are available for businesses that improve accessibility, or through special IRS tax credit.
In order to help businesses offset the costs of complying with the ADA, Congress has made two kinds of tax incentives available. Year after year businesses are allowed to take advantage of these incentives, to make their facilities, services and goods more accessible. The Disabled Access Credit is available to small businesses that have a total revenues of $ 1.000.000 or less, or that have 30 of fewer employees. A credit of
5000 per year is available to offset the cost of a business for removing barriers, hiring readers or interpreters, needed to communicate effectively, producing documents in alternate formats such as audiotape or large print, or taking other steps to improve accessibility for employees or customers with disabilities. This provision can be found in section 44 of the URS tax code. Businesses of any size, under section 190 of the IRS tax code, can take a deduction of up to $ 15,000 every year for the cost of removing barriers in vehicles or facilities. The deduction and the credit are available for removing barriers in existing facilities. The credit is also available for taking steps to improve accessibility, and for providing effective communication. However, neither of these incentives applies to the costs of building a new facility. You should contact the IRS or your accountant for more information about these ADA tax incentives.
It is expected of businesses, by persons with disabilities, to take positive steps to comply with the ADA. If businesses do not take steps to comply with the ADA, they may face legal consequences. The ADA gives persons with disabilities the right to file lawsuits in Federal courts and obtain Federal court orders to stop ADA violations. They can also file complaints with the Justice Department, which can make investigations and attempt to resolve the complaints .The Justice Department has the authorization to file lawsuits in Federal court, in cases of where " a pattern or practice" of discrimination is alleged or of "general public importance". If you are sued by the Department of Justice and you lose the case, you may have to pay monetary damages for civil penalties and compensatory relief. Civil penalties may run as high as $ 55.000 for a first violation or $ 110.000 for a subsequent violation. You should consult your State attorney General ´Office for information about antidiscrimination laws in your state. Some states have laws similar to the ADA that are enforced by local civil rights commissions or by the state´s court system. So, the best way to prevent ADA lawsuits is to learn diligently about the law ADA, educate your employees on a continuous basis about their responsibilities and take on going actions to fully comply with the ADA.
References:
U.S. Department of Justice, Americans with Disabilities Act, ADA Homepage
http://www.ada.gov
United States Access Board
http://www.access-board.gov/about/laws/index.htm
© 2007 Christiane Tourtet, all rights reserved.
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