Presented by Jack Humburg Jack Humburg, Executive Vice President - - PowerPoint PPT Presentation

Presented by Jack Humburg

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Jack Humburg, Executive Vice President of Housing, Development, and ADA Services

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Boley Centers is a provider of services and supports to individuals with mental illness and others in need since 1970 ~ Celebrating 50 Years of Service

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Currently operating over 1,200 units of affordable housing in Pinellas County

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Private Non-profit 501(c) 3

The Ranch @ Pinellas Park 9625 66th Street North Pinellas Park, Florida 33 Units for individuals and families who have a disability and have been homeless

(Photo Above)

Southeast ADA Center

One of 10 Regional Centers providing technical assistance and training throughout the country

Funded by the U.S. Department of Health and Human Services, Administration for Community Living, National Institute on Disability, Independent Living, and Rehabilitation Research

“…The world’s first comprehensive declaration of equality for people with disabilities.”

President George Bush, Signing the ADA into law on July 26, 1990

The Spirit of the ADA

In summary: Legislative timeline

✓ 1992 - Florida Human Rights Act ✓ 2012 - Florida Statues, Chapters 553 (amended)

1964—Civil Rights Act (did not include disability) 1968—Architectural Barriers Act (ABA) 1973—Rehabilitation Act 1975—Individuals with Disabilities in Education Act (IDEA) 1976—Higher Education Act Amendment (to include students with disabilities) 1986—Air Carrier Access Act 1988—Fair Housing Amendments Act 1990—Americans with Disabilities Act (ADA) 2008—ADA Amendments Act signed into law

Definition of Disability

With Respect to the Individual… Physical or Mental Impairment that substantially limits one

• r more of a major life

activity... Record of impairment Regarded as having an impairment

The ADA Amendments Act

An Act of Congress that amended the ADA of 1990

Signed into law January 1, 2009 Regulations posted June, 2011*

* http://www.gpo.gov/fdsys/pkg/CFR-2011-title29-vol4/xml/CFR-2011-title29-vol4-part1630.xml

The ADA Amendments Act

 Broadens coverage to

individuals the Courts had said were not “Disabled”

 Mitigating measures should

NOT be considered (i.e. medications, etc.)

 Major Life Activities should

include “Major Bodily Functions” (i.e. immune system)

 Episodic or “in remission” now

covered

The ADA Amendments Act

 Bottom Line

“…the primary object of the court’s attention in ADA Cases should be whether covered entities have complied with their

• bligations and that the

question of whether an individual’s impairment is a disability should not demand extensive analysis”

Defining Disability

 Workers Compensation  FMLA  Long and Short Term

Disability

 Social Security

Administration

 Veterans Administration  Vocational Rehabilitation  Division of Blind Services

Other statues or agencies may use a different definition of “disability.”

The ADA

⚫ Title I

Employment

⚫ Title II

Public Entities

⚫ Title III

Public Accommodations

⚫ Title IV

Telecommunications

⚫ Title V

Miscellaneous

Enforcement of ADA

 Employment (Title I)

⚫ U.S. Equal Employment Opportunity Commission ⚫ 1-800-669-4000 (voice), 1-800-669-6820 (tty) ⚫ www.EEOC.gov

 State and Local Governments and Private

Entities (Title II and Title III)

⚫ Department of Justice, Disability Rights Section ⚫ 1-800-514-0301 (voice), 1-800-514-0383 (tty) ⚫ www.ADA.gov

Designated Agencies That Enforce ADA Title II

⚫ Department of Agriculture (DOA) ⚫ Department of Education (DOE) ⚫ Department of Health and Human Services (DHHS) ⚫ Department of Housing and Urban Development (HUD) ⚫ Department of Interior (DOI) ⚫ Department of Justice (DOJ) ⚫ Department of Labor (DOL) ⚫ Department of Transportation (DOT)

Cross-Cutting Issues Non-Discrimination Requirements

 Integration  Equal Opportunity  Eligibility Criteria  Reasonable Modifications  Effective Communication  Surcharges and Additional Requirements  Personal Services and Devices  Direct Threat  Access

Integration

 People with

disabilities must be integrated to the maximum extent possible.

Equal Opportunity

 People with

disabilities must not be denied equal opportunity to participate and benefit

Eligibility Criteria

 Eligibility criteria that

tend to screen out people with disabilities may not be used unless necessary for the provision of services and activities

Reasonable Modifications

 When necessary

to ensure equal

• pportunity,

reasonable modification must be made to policies, practices,

• r procedures

Effective Communication

 People with

disabilities that affect communication are entitled to auxiliary aids and services.

⚫ Unless it would result

in a fundamental alteration, undue burden or hardship

Effective Communication

Communication must be as effective as communication with others.

⚫ Auxiliary aids and

services including interpreters, TDD’s, large print, Braille…

⚫ Priority must be given to

preferred method for public entities only.

Effective Communication may mean real time transcription, also known as “CART”. For many individuals who are deaf, a sign language interpreter may be the only truly effective means of communication.

Effective Communication

Qualified Interpreter

“Qualified Interpreter” is defined as an interpreter who, via video remote interpreting (VRI) service or an on-site appearance, is able to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized

• vocabulary. Includes sign language

interpreters, oral transliterates and cued-language transliterates.

Video Remote Interpreting

An interpreting service that uses video conference technology

• ver dedicated lines or

wireless technology

• ffering high-speed,

wide-bandwidth video connection that delivers high-quality video images…

Video Remote Interpreting Continued

DOJ standards require:

⚫ Quality of video and audio that is high

quality, clear, real-time, with clear uninterrupted images.

⚫ Dedicated high-speed connection. ⚫ Picture: Clear, sufficiently large, and

sharply delineated, showing face, arms, hands and fingers

⚫ Voices: clear and easily understood

transmission.

⚫ Quick set-up and training of users.

Auxiliary Aids and Services

 Qualified

Interpreters

 Note takers  Written materials  Computer-aided

transcription services

 Assistive listening

devices

 Qualified readers  Taped texts  Audio recordings  Braille materials  Large print

materials

Raymond James Stadium Now Has Open Captioning

• f Live

Announcements

Effective Communication

Surcharges and Additional Requirements

 Cannot impose

surcharges (i.e. higher prices) or additional requirements on people with disabilities, which are not imposed on those without disabilities.

Personal Services and Devices

 Public entities and public

accommodations are not required to provide personal services or personal devices. Examples: wheelchairs, prescription eyeglasses, hearing aids.

 Personal services do not need to

be provided in activities such as eating, toileting, and dressing, unless it is typically provided by the entity.

Direct Threat

 A person with a disability may be

excluded if (s)he poses a direct threat to the health or safety of others.

⚫ Significant risk of substantial harm ⚫ Specific risk must be current and

identifiable

⚫ Based on objective medical or factual

evidence

⚫ Consider whether risk can be

eliminated

Direct Threat

 Factors to consider…

⚫ The duration of the risk ⚫ The nature and severity

• f the potential harm;

⚫ The likelihood that the

potential harm will occur; and

⚫ The imminence of the

potential harm

COIVD-19 and the ADA

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Based on guidance of the CDC and public health authorities as of March 2020, the COVID-19 pandemic meets the direct threat standard. The CDC and public health authorities have acknowledged community spread

• f COVID-19 in the United States and have issued

precautions to slow the spread, such as significant restrictions on public gatherings… These facts manifestly support a finding that a significant risk of substantial harm would be posed by having someone with COVID-19, or symptoms of it, present in the workplace at the current time. ~ U.S. Equal Employment Opportunity Commission. https://www.eeoc.gov/laws/guidance/upload/pandemic_flu.pdf

Access

 Access to goods, services and

programs in existing buildings

 Accessible alterations and new

construction

 Maintenance of accessible

features

 Temporary facilities  Universal design  Standards for Accessible Design  State Building Codes

Title I ~ General Rule

No covered entity shall discriminate against a qualified individual with a disability, because of the disability of such individual in regard to the job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.

People with disabilities 8.3% People without disabilities 4.4%

Unemployment Rate

People with disabilities 21.0% People without disabilities 68.1%

Work Force Participation

Source : U.S. Department of Labor's Office of Disability Employment Policy (ODEP), March 2020 Disability Employment Statistics, Retrieved from dol.gov/odep/

Unemployment vs. Work Force Participation

35

EEOC Complaints Since 1992

COVID-19 and the ADA

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If an employer is hiring, may it screen applicants for symptoms of COVID-19?

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• Yes. An employer may screen job

applicants for symptoms of COVID-19 after making a conditional job offer, as long as it does so for all entering employees in the same type of job.

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During a pandemic, may an ADA- covered employer take its employees’ temperatures to determine whether they have a fever?

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• Yes. Employers may measure employees'

body temperature. As with all medical information, the fact that an employee had a fever or other symptoms would be subject to ADA confidentiality requirements.

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May an ADA-covered employer require employees who have been away from the workplace during a pandemic to provide a doctor’s note certifying fitness to return to work?

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• Yes. Such inquiries are permitted

under the ADA either because they would not be disability-related or, if the pandemic influenza were truly severe, they would be justified under the ADA standards for disability- related inquiries of employees.

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During a pandemic, must an employer continue to provide reasonable accommodations for employees with known disabilities that are unrelated to the pandemic, barring undue hardship?

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• Yes. See Direct Threat Analysis

Title II, State & Local Government Coverage

 Prohibits discrimination on

the basis of disability in the services, programs, or activities of all state and local government entities.

 Obligations cover all

programs, services, and activities provided directly or indirectly through contracts.

The ADA, Title II General Non-Discrimination Provisions

 Cannot refuse to provide service  Maximum integration  Cannot require participation in

separate programs

 No unnecessary eligibility

standards

 Need to anticipate needs of

people with disabilities

 No special requirements  Must provide reasonable

accommodations

 Must make reasonable

modifications

 Equally effective communication  No extra charges

Title II: Program Accessibility

A public entity’s services, program, or activities, when viewed in their entirety, must be readily accessible to and usable by individuals with disabilities.

Title II: Program Accessibility

Does not require all buildings and facilities to be accessible Priority must be given to the method that results in the most integrated setting May include aides, equipment, or the relocation of program

Effective Communication

 When an auxiliary aid or

service is required, the public entity must provide an

• pportunity for individuals

with disabilities to request the auxiliary aids and services of their choice and must give primary consideration to the choice expressed by the individual.

How is Title II Enforced?

ADA provides 3 methods of enforcement:

1.

File a complaint under the public entity's grievance procedure

2.

File a complaint with a designated federal enforcement agency (DOJ)

3.

File a Private lawsuit Project Civic Action DOJ Initiated Investigations

Project Civic Action

2009 President Barack Obama 2017 President Donald Trump

Title III: Public Accommodations & Commercial Facilities

 A public accommodation may not

discriminate against an individual with a disability…they may not be denied the full and equal enjoyment of the “goods, services, facilities, privileges, advantages,

• r accommodations” offered by a place of

public accommodation.

❑ Remove architectural and

structural communication barriers in existing facilities where readily achievable.

❑ Provide readily achievable

alternative measures when removal of barriers is not readily achievable.

Overview of Title III Requirements

“Readily Achievable”

Means easily accomplishable and able to be carried out without significant difficulty

• r expense.

No Grandfather Clause Exists !!

• Temporary curb ramp added where

needed to provide an accessible route

• Booths and vendors located on an

accessible route

• Sign language interpreters available for

selected performances and programs

• Accessible parking, accessible transit

drop offs and stops (if provided) and an accessible route from these areas to the fair is provided

Selected Accessible Features of a Town Fair

• Effective communication requirements also apply to temporary
• events. It may be necessary to provide qualified sign language

interpreters or other auxiliary aids and services as requested, such as print material in a large-print format or on computer disk. A town may choose when to provide interpreters and publicize a schedule for interpreters and other auxiliary aids and services.

• It should also provide auxiliary aids or services in response to

individual requests, unless to do so would result in undue financial and administrative burdens.

• Promotional material for a temporary event should explain how

the public can request a particular auxiliary aid or service and be informed of when specific auxiliary aids and services may be available.

U.S. Department of Justice

Guidance on Temporary Events

When portable toilets are provided, at least

• ne at each location must be accessible

Case Study: The St. Petersburg Grand Prix

Access to viewing areas

Stable, Firm, and Slip Resistant Accessible Routes

Accessible Viewing Positions with Companion Seating

Our Evaluation Team Members

Access to Exclusive Areas Using a Temporary Elevator at Both Ends

• f the Grandstands

Maintaining Accessible Routes May Require Creative Solutions

Access to Concessions

36” max from Grade to Work Surface

Accessible Route to Floating Dock

Slope Varies with the Tide

Access is a Work in Progress

Not All Areas Are Accessible - Yet

For More Information

Department of Justice www.ada.gov (800) 514-0301 U.S. Access Board (800) 872-2253 (voice) (800) 993-2822 (TTY) ta@access-board.gov www.access-board.gov Equal Employment Opportunity Commission www.eeoc.gov (800) 669-4000 SE ADA Center (800) 949-4232 (V/TTY) www.sedbtac.org

Questions ?

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DISCLAIMER: The contents of this presentation were developed under a grant from the National Institute on Disability, Independent Living, and Rehabilitation Research (NIDILRR grant number 90DP0090-01-00). NIDILRR is a Center within the Administration for Community Living (ACL), Department of Health and Human Services (HHS). The contents of this publication do not necessarily represent the policy of NIDILRR, ACL, HHS, and you should not assume endorsement by the Federal Government.

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The information, materials, and/or technical assistance provided by the Southeast ADA Center are intended solely as informal guidance, and are neither a determination of your legal rights or responsibilities under the ADA, nor binding on any agency with enforcement responsibility under the ADA. The Southeast ADA Center does not warrant the accuracy of any information contained

• herein. Furthermore, in order to effectively provide technical assistance to all individuals and

entities covered by the ADA, NIDILRR requires the Southeast ADA Center to assure confidentiality of communications between those covered and the Center. Any links to non- Southeast ADA Center information are provided as a courtesy, and are neither intended to, nor do they constitute, an endorsement of the linked materials.

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You should be aware that NIDILRR is not responsible for enforcement of the ADA. For more information or assistance, please contact the Southeast ADA Center via its web site at adasoutheast.org or by calling 1-800-949-4232 or 404-541-9001.

Jack Humburg

Executive Vice President of Housing, Development, and ADA Services Boley Centers, Inc. 445 31st Street North

• St. Petersburg, FL 33713

(727) 821-4819 x 5717

jackhumburg@boleycenters.org

1-800-949-4232