Pacific ADA Center (Region IX)

FCC Seeks Comment on Second VPAAC Report

The Federal Communications Commission is seeking comment on a report from the Video Programming Accessibility Advisory Committee (VPAAC). The report focuses on 2 areas: video description and emergency information. To comment, follow the link below:

http://transition.fcc.gov/Daily_Releases/Daily_Business/2012/db0425/DA-12-636A1.txt

2012 ADA Symposium

The Americans with Disabilities Act (ADA) has undergone critical changes recently, and the effective date for the 2010 ADA Standards for Accessible Design is March 15, 2012, which is just around the corner! But you can learn everything you need to know about the ADA by attending the 2012 ADA Symposium. ADA Symposium sessions will answer the questions that are most important to your business or community about the 2010 ADA Standards, the recently revised ADA regulations, and so much more!

To register for this event please visit:

• May 30 - June 1, Indianapolis, Indiana

Enhancing your knowledge of the ADA is more critical than ever. Sessions fill up quickly, so register today!

DOJ Extends ADA Standards Compliance Period for Existing Swimming Pools

The US Department of Justice, Civil Rights Division, Disability Rights Section, has created a new page on their website discussing the Compliance Extension for Existing Pools. Previous links issued on March 15, 2012 are no longer active and have been replaced with this web page.

More information can be found on DOJ's ADA website: http://www.ada.gov/regs2010/ADAregs2012/pools_2012_nprm_final.htm

New Proposed Accessibility Standards for Medical Diagnostic Equipment Available for Comment

The U.S. Access Board has released proposed accessibility standards for medical diagnostic equipment for public comment by June 8, 2012. The proposed standards address access for people with disabilities to examination tables and chairs, weight scales, mammography equipment, and other diagnostic equipment. The Board will hold public hearings on the standards in Washington, D.C. on March 14 and in Atlanta on May 8.

Read more

High Court Decides Disability Employment Case

The ministerial exception is based on the First Amendment's guarantee of religious freedom, and states that religious organizations are not subject to employment-related non-discrimination laws for employees who are members of the clergy and/or have significant ministerial duties. Because this case was so specific on its facts, however, future lower court decisions could find that employees of religious entities, like religious schools, are not covered by the ministerial exception, and therefore are not barred from bringing ADA or other employment discrimination claims.

More information on this case can be found on the Supreme Court website.

ADA National Network Fact Sheet Series on the Title II & III Regulations

The ADA National Network has produced a series of 9 fact sheets that provide an overview of the updated ADA regulations and accessibility standards for Title II and Title III entities. The fact sheet topics are:

• Overview of the Revised Titles II & III Regulations
• Effective Communication
• Examinations and Courses
• Transient Lodging
• Ticketing
• Wheelchairs & Other Power-driven Mobility Devices
• Correctional Facilities
• Overview of the 2010 ADA Standards for Accessible Design

These fact sheets can be found on the ADA National Network's website.

New Draft of Information & Communication Technology Rule for Comment

The U.S. Access Board has released for public comment a second Advance Notice of Proposed Rulemaking (ANPRM) that includes a revised draft of updated accessibility requirements for information and communication technology (ICT) covered by Section 508 of the Rehabilitation Act and Section 255 of the Telecommunications Act of 1996.

More information on these updates can be found on the Access Board's website.

New Guidance on ADA Title I

Recently, the U.S. Equal Employment Opportunity Commission (EEOC) posted new guidance regarding Title I of the Americans with Disabilities Act (ADA) on conduct & performance of employees. The guidance from the EEOC addresses what steps are appropriate for employers to take where a disability is causing - or seems to be causing - a performance or conduct problem, when a request for accommodation should be made, etc.

More information on these guidelines can be found on the EEOC's website.

2010 Standards Highlights

Non-residential pools, spas & wading pools may require an accessible means of entry by March 15, 2012. The 2010 Americans with Disabilities Act (ADA) Accessibility Standards require that both state & local government entities and public accommodations (private businesses) provide at least one accessible means of entry for new or altered pools, spas & wading pools. The requirement for an accessible entry at existing pools, spas & wading pools is the readily achievable standard for public accommodations and program access for public entities.

More information can be found on the DOJ's ADA website.

Air Carrier Access Act Proposed Regulation

The U.S. Department of Transportation (DOT) proposed a regulation to require airlines to make their websites, along with their ticket agents' websites, accessible to individuals with disabilities. DOT also proposed that airlines make automated airport kiosks at U.S. airports accessible to passengers with disabilities.

More information on these standards can be found on the DOT's website.

ADA Transportation Regulation Amendment

The U.S. Department of Transportation (DOT) is amending its Americans with Disabilities Act (ADA) regulations to require intercity, commuter and high-speed passenger railroads to ensure, at new and significantly renovated station platforms, that passengers with disabilities can get on and off any accessible car of the train.

More information on these proposed regulations can be found on the GPO's website.

HUD Guidance on Olmstead Community Living

HUD's Office of Fair Housing and Equal Opportunity (FHEO) issued guidance to assist persons with disabilities in making the transition from institutionalization to community living. This guidance is consistent with the enforcement of the Olmstead decision which requires government entities to provide community living opportunities for people with disabilities under Title II of the Americans with Disabilities Act (ADA).

More information on these guideline can be found on HUD's website.

FCC Reinstates Rules Requiring Video Description for Television Programming. Full Compliance Required by 7/1/12

The Federal Communications Commission (FCC) has released a requirement under the Twenty-First Century Communications and Video Accessibility Act of 2010 to use video description for certain television programming. Video description is narrated descriptions of a television program's key visual elements that are inserted into pauses in the program's dialogue. These descriptions improve access to television for people who are blind or visually impaired. Full compliance with the rules is required by July 1, 2012. This link opens a PDF document.

New National Council on Disability Report Looks at Disability Policy

The National Council on Disability (NCD) recently published National Disability Policy: A Progress Report. The NCD report assesses the current state of people with disabilities in America and how current laws such as the Americans with Disabilities Act, emerging trends, and government policies are impacting the quality of their lives.

More information on this report can be found on the NCD website.

What's new with the ADA?

Employment and the ADA (Title I):

• Frequently asked questions on the ADA Amendments Act
• New TI Regulations

• What is Title I?

  Title I prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment.

• What is a Reasonable Accommodation?

  A Reasonable Accommodation requires an employer to provide reasonable accommodation to qualified individuals with disabilities who are employees or applicants for employment, unless to do so would cause undue hardship. "In general, an accommodation is any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities." There are three categories of "reasonable accommodations":
  

  (i) modifications or adjustments to a job application process that enable a qualified applicant with a disability to be considered for the position such qualified applicant desires; or

  (ii) modifications or adjustments to the work environment, or to the manner or circumstances under which the position held or desired is customarily performed, that enable a qualified individual with a disability to perform the essential functions of that position; or

  (iii) modifications or adjustments that enable a covered entity's employee with a disability to enjoy equal benefits and privileges of employment as are enjoyed by its other similarly situated employees without disabilities.

New State and Local Government ADA rules (Title II)

• Fact sheet on the new Title II requirements
• New TII Regulations

• What is the purpose of Title II of the ADA?

  Title II prohibits discrimination on the basis of disability in any programs, services, or a activity provided or made available by a public entity

• What does program access mean?

  A public entity shall operate each program or activity, when viewed in its entirety, is readily accessible to and usable by individuals with disabilities. A public entity can comply with the requirements of this section through such means as redesign or acquisition of equipment, reassignment of services to accessible buildings, assignment of aides to beneficiaries, home visits, delivery of services at alternate accessible sites, alteration of existing facilities and construction of new facilities, use of accessible rolling stock or other conveyances, or any other methods that result in making its services, programs, or activities readily accessible to and usable by individuals with disabilities. A public entity is not required to make structural changes in existing facilities where other methods are effective in achieving compliance with this section. A public entity, in making alterations to existing buildings, shall meet the accessibility requirements of the ADA specified at section 35.151 (New Construction and alterations). In choosing among available methods for meeting the requirements of this section, a public entity shall give priority to those methods that offer services, programs, and activities to qualified individuals with disabilities in the most integrated setting appropriate.

• What is a reasonable modification under Title II?

  A reasonable modification is an adjustment to rules, policies, or practices that would result in providing an individual with a disability the opportunity to benefit from or participate in a program or service of a title II entity. A modification would not be considered reasonable if the modifications would fundamentally alter the nature of the service, program, or activity.

New rules for public accommodations (Title III)

• Fact sheet on the new Title III requirements
• New TIII Regulations

• What is the purpose of Title III?

  Title III prohibits discrimination on the basis of disability in any programs, services, or a activity provided or made available by a private entity open to the public.

  Title III also specifies the design requirements for new construction and modifications of commercial facilities and obligations for barrier removal in public accommodations.

• What is a reasonable modification under Title III?

  A reasonable modification is an adjustment to rules, policies, or practices that would result in providing an individual with a disability the opportunity to benefit from or participate in a program or service of a title II entity. A modification would not be considered reasonable if the modifications would fundamentally alter the nature of the service, program, or activity.

2010 Design Standards

• Adoption of the 2010 Standards for Accessible Design. Fact sheets that discuss the changes to the regulations.
• ADA Standards for Accessible Design. The latest ADA standards are closely based on the Board's updated ADA and ABA Accessibility Guidelines but include several additional requirements.
• DOJ's guidance on the 2010 Standards. This explanatory information from the regulations addresses the scoping and technical provisions of the 2010 Standards.