ASSISTING PERSONS WITH DISABILITIES AT SELF-SERVE GAS STATIONS UNDER THE LAW ADA
Christiane Tourtet B.A.
October 03, 2007
It is a requirement of the law the Americans with Disabilities Act (ADA) for self-serve, as well as full-serve gas stations to provide refueling assistance for persons with disabilities upon their request. Keep in mind that not all disabilities are visible, and there are plenty of persons with painful chronic illnesses/ disabilities that simply cannot be seen. So, to assume, that a person who looks good, cannot possibly have an illness/ disability, could not be any further from the truth. There are many sites on the internet providing valuable information about chronic illnesses and invisible disabilities.
Gas stations, self-serve and full-serve, must, as required by the ADA, let customers know, that individuals with disabilities can obtain refueling assistance by honking their horn, or signaling an employee. Gas stations can use signs or notification, near or on the pumps. Some gas stations provide a call button, for persons with disabilities, to notify an attendant that assistance is needed.
Even though, a convenience store, or a service station is not required to provide refueling assistance at any time if it is operating on a remote control basis with a single employee, the law ADA, encourages them to provide refueling assistance, if feasible.
Too many self-serve gas stations, convenience stores, wrongly assume that because they are not full-serve gas stations, they are not required to provide refueling assistance to persons with disabilities. As mentioned earlier, self-serve gas stations, must, by law ADA provide refueling assistance upon the requests of persons with disabilities, except if the convenience store, or gas station, is operating on a remote control basis with a single employee. However, under ADA, every effort should be made, to provide refueling assistance, if possible.
The law ADA requires that refueling assistance must be provided without any charge beyond the self-serve price, if a customer wants only fuel. The attendant can provide assistance at a full-serve pump, if any, or at a self-service pump, and in either case the customer, by law, must be charged the self-serve price.
The ADA prohibits discrimination, coercion and retaliation. Self-serve and full-serve gas stations, convenience stores must comply with the ADA. Failure to do so, may result in legal actions. The ADA gives the right to private individuals to file lawsuits in Federal courts and obtain court orders to stop ADA violations, as well as the right to file complaints with the Justice Department, which can make investigations and attempt to resolve the complaints. The Department of Justice, has the authorization to file lawsuits, in Federal court, in cases where "a pattern or practice" of discrimination is alleged, or of "general public importance".
Self-serve and full-serve gas stations, as with any other businesses, can be sued by the Department of Justice, and if they lose the case, they 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.
So, for the self-serve and full-serve gas stations, convenience stores, choosing so often to ignore the law, and even mistreating persons with visible or invisible disabilities, serious legal consequences may occur as a direct result of violation of the law, "The Americans with Disabilities Act (ADA)".
References:
U.S. Department of Justice, Americans with Disabilities Act, ADA homepage
http://www.ada.gov
Americans with Disabilities Act: Assistance at Self-Serve Gas stations
http://www.ada.gov/gasserve.pdf
Americans with Disabilities Act: Assistance at Gas Stations:
http://www.adagov/gasbrprt.pdf
© 2007 Christiane Tourtet, all rights reserved.
Gas stations, self-serve and full-serve, must, as required by the ADA, let customers know, that individuals with disabilities can obtain refueling assistance by honking their horn, or signaling an employee. Gas stations can use signs or notification, near or on the pumps. Some gas stations provide a call button, for persons with disabilities, to notify an attendant that assistance is needed.
Even though, a convenience store, or a service station is not required to provide refueling assistance at any time if it is operating on a remote control basis with a single employee, the law ADA, encourages them to provide refueling assistance, if feasible.
Too many self-serve gas stations, convenience stores, wrongly assume that because they are not full-serve gas stations, they are not required to provide refueling assistance to persons with disabilities. As mentioned earlier, self-serve gas stations, must, by law ADA provide refueling assistance upon the requests of persons with disabilities, except if the convenience store, or gas station, is operating on a remote control basis with a single employee. However, under ADA, every effort should be made, to provide refueling assistance, if possible.
The law ADA requires that refueling assistance must be provided without any charge beyond the self-serve price, if a customer wants only fuel. The attendant can provide assistance at a full-serve pump, if any, or at a self-service pump, and in either case the customer, by law, must be charged the self-serve price.
The ADA prohibits discrimination, coercion and retaliation. Self-serve and full-serve gas stations, convenience stores must comply with the ADA. Failure to do so, may result in legal actions. The ADA gives the right to private individuals to file lawsuits in Federal courts and obtain court orders to stop ADA violations, as well as the right to file complaints with the Justice Department, which can make investigations and attempt to resolve the complaints. The Department of Justice, has the authorization to file lawsuits, in Federal court, in cases where "a pattern or practice" of discrimination is alleged, or of "general public importance".
Self-serve and full-serve gas stations, as with any other businesses, can be sued by the Department of Justice, and if they lose the case, they 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.
So, for the self-serve and full-serve gas stations, convenience stores, choosing so often to ignore the law, and even mistreating persons with visible or invisible disabilities, serious legal consequences may occur as a direct result of violation of the law, "The Americans with Disabilities Act (ADA)".
References:
U.S. Department of Justice, Americans with Disabilities Act, ADA homepage
http://www.ada.gov
Americans with Disabilities Act: Assistance at Self-Serve Gas stations
http://www.ada.gov/gasserve.pdf
Americans with Disabilities Act: Assistance at Gas Stations:
http://www.adagov/gasbrprt.pdf
© 2007 Christiane Tourtet, all rights reserved.
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