8/11/2014 Welcome! Assistance Animals in Public Accommodations & Housing will begin at 2:00 p.m. Eastern Time 1 Listening to the Webinar Online: • Please make sure your computer speakers are turned on or your headphones are plugged in • Control the audio broadcast via the AUDIO & VIDEO panel • If you have sound quality problems, please go through the Audio Wizard by selecting the microphone icon arrow points to microphone icon on audio and video panel 2 1
8/11/2014 Listening to the Webinar (cont.) • To connect by telephone: 1-443-453-0034 Pass Code: 368564 This is not a toll-free number 3 Captioning Real-time captioning is provided; open the window by selecting the “cc” icon in the Audio & Video panel • You can re-size the captioning window, change the font size, and save the transcript arrow points to the "cc" icon in the audio and video panel 4 2
8/11/2014 Submitting Questions • In the webinar platform: Double- click on “Mid - Atlantic ADA Center” in the Participant List to open a tab in the Chat panel (keyboard: F-6 and arrow up or down to find Mid-Atlantic ADA Center); type your Participant list question in the text box and “enter” o Your question will be sent to the presenters; other participants will not be able to see it • E-mail: ADAtraining@transcen.org 5 Technical Assistance If you experience technical difficulties • Use the Chat panel to send a message to the Mid-Atlantic ADA Center • E-mail ADAtraining@transcen.org • Call 301-217-0124 6 3
8/11/2014 Archive • This webinar is being recorded and can be accessed within a few business days • You will receive an email with information on accessing the archive 7 Continuing Education Credits • Please consult the reminder email you received about this session for instructions on obtaining continuing education credits for this webinar. • You will need to listen for the continuing education code which will be announced at the conclusion of this session. • Requests for continuing education credits must be received by 12:00 PM EDT August 15, 2014 8 4
8/11/2014 Assistance Animals in Public Accommodations & Housing Presented by: Mid-Atlantic ADA Center Logo Today’s presenter: Kat Taylor 9 Equal Rights Center logo 5 photographs of various people • Service and Assistive Animals August 14, 2014 • Kat Taylor 10 5
8/11/2014 Equal Rights Center The The Equal Rights s Center r is a non non-profit rofit civil l rights s organizat zation ion dedicat ated ed to promotin oting g equal opportunity nity in housing, g, employm oyment ent, , public c accommod modatio ations, ns, and govern rnmen ment t services ces. 11 ERC RC Services ces • Educati tion and Outreach • Complia iance Services ices Woman talking to another • Civil il Rights ts Testi ting woman • Inta takes and Advocacy 12 6
8/11/2014 Objecti ctives ves • Applic licable able Laws (ADA Title le III and FHA, only) • Reasonable onable Modific icat ations ons & Accom ommodat dations ions • Defining ining the animal • Animals als as a modific icat ation ion and accom ommodation odation • Common on questions ions and answers ers 13 Ameri rican cans s with Disabili lities ties Act (ADA) A) The Americans with Disabilities Act, enacted in 1990, prohibits discrimination against people with disabilities in employment, transportation, public accommodations, communications, and government services. 14 7
8/11/2014 Ameri rican cans s with Disabilities bilities Act Title I: Employment • Title II: State and Local Government, Transportation • Title III: Public Accommodations • Title IV: Telecommunications • Title V contains miscellaneous provisions • 15 Ameri rican cans s with Disabili lities ties Act Title le III Prohibits discrimination by all businesses open the public, this includes ensuring structural accessibility and providing reasonable modifications to ensure equal access to good and services. Wheelchair at steps 16 8
8/11/2014 Fair r Housing g Act (FHA) A) The Fair Housing ng Act is comprised of Title VIII of the Civil Rights Act of 1968 and the Fair Housing Amendments Act of 1988: The FHA states that, it is the policy of the United States to provide, within constitutional limitations, for fair housing throughout the United States. 17 Protec tected ted Classes sses • Race • Color • National Origin Man, woman and baby • Religion • Sex • Familial Status • Disability 18 9
8/11/2014 Disability bility as Defined ed by the Law aw An individu vidual l with a disabili lity ty is define ined as a perso son who: : Has a physical ical or menta tal impairm rment t that t substa stantia tiall lly y • limits ts one or more major r life activities, vities, or or Has a record rd of such an impair irment, t, or • Is regarde rded as having such an impairm rment. t. • Woman in wheelchair 19 ADA (Title le III) FHA • Restaurants • Apartments • Retail stores • Condos • Hotels • Nursing Homes • Movie theaters • Group homes for • Convention centers recovering addicts • Doctors offices • Public transportation (not transient facilities) • Museums • Apartment leasing offices 20 10
8/11/2014 Tamara ara v. El Camino o Hospital ital Under Title III, a court held that though a hospital’s policy stated that the public or service animals were Doctor talking to woman not permitted in “restricted access areas” of the hospital, a service animal must be permitted in the behavioral health section of a hospital, since it is not sterile area and would not inhibit the staff from performing their duties. 21 The ADA Title e III & Reasonab onable e Modifications fications The Americans with Woman in Disabilities Act requires wheelchair on private places open to the ramp of a van public to provide people with disabilities reasonab able le modifica fication tions. 22 11
8/11/2014 FHA and Equal Opport rtuni nity ty to Enjoy the Dwelling ng The Fair Housing Act requires housing providers to provide and/or allow reaso sonable accommodatio tions s and reasonable le modificat ification ions s for people with disabilities if such changes will afford the person full enjoyment of their housing. Dog at entrance of home 23 Reasonab onable e Modifications/ fications/ Accommoda ommodatio tions ns Changes in rules, policies, practices, or services that give a person with a disability equal opportunity to benefit from a program’s goods and services. • Example: Waiving a “no pet” policy • Example: Providing alternative forms of communication 24 12
8/11/2014 Denying ing an Accommoda ommodatio tion • If an accommodation request would result in a direct t threat at to the health and safety of others, the provider is not required to provide it. • If an accommodation request would result in a a fundamen mental tal alteratio ation n to the nature of the program, m, the provider is not required to provide it. • If an accommodation request would pose an undue financ ncial ial or administra istrative tive hardship hip to the program, the provider is not required to provide it. 25 Questions • In the webinar platform: Double- click on “Mid - Atlantic ADA Center” in the Participant List to open a tab in the Chat panel (keyboard: F-6 and arrow up or down to find Mid-Atlantic ADA Center); type your Participant list question in the text box and “enter” o Your question will be sent to the presenters; other participants will not be able to see it • E-mail: ADAtraining@transcen.org 26 13
8/11/2014 Servi vice ce Animals ls as a Modifica icatio tion n (ADA) A) • A dog • Individually trained to do work or perform tasks • For the benefit of an individual with a disability, the work or tasks performed by the service animal must be directly related to the handler’s disability • Miniature horses may also be considered a modification ( The crime deterrent effects of an animal’s presence and the provi vision sion of emotion ional support, rt, well-being ing, comfo fort, rt, or companion ionsh ship ip does s not constitu stitute work or tasks s for the inition .) purpose se of this s definitio 27 Miniatu ature re Horses s as a Modifica icatio tion n (ADA) A) • Miniature horses generally range in height from 24 inches to 34 inches measured to the shoulders and generally weigh between 70 and 100 pounds. Entities covered by the ADA must modify their policies to permit miniature horses where reasonable. • The facility must be able to accommodate the miniature horse’s type, size, and weight • The miniature horse must: 1) Be housebroken 2) Under the owner’s control 3) Not compromise the legitimate safety requirements of the facility 28 14
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