Americans with Disabilities Act (ADA). Rehabilitation Act of 1973 The U.S. Rehabilitation Act of 1973 prohibits discrimination on the basis of disability.

Americans with Disabilities Act (ADA)

Rehabilitation Act of 1973 The U.S. Rehabilitation Act of 1973 prohibits

discrimination on the basis of disability in programs conducted by Federal agencies, in programs receiving Federal financial assistance, in Federal employment, and in the employment practices of Federal contractors.

The standards for determining employment discrimination under the Rehabilitation Act are the same as those used in title I of the Americans with Disabilities Act.

What is the ADA? The Americans with Disabilities Act,

effective July 26, 1992 establish a clear and comprehensive prohibition of discrimination on the basis of disability in the areas of: employment (Title I) state/local government and transportation (Title

II). public accommodations (Title III)

Who is Disabled? People who currently have a disability People who have a history of disability People who are perceived as disabled by others The U.S. Supreme Court ruled that a person is not

considered an individual a with disability when corrective measures (glasses, medications) were used. This means someone is not disabled unless a disability substantially limits their life activities.

Title I: EmploymentWho is Covered?

All private employers who have 15 or more employees on/after July 26, 1994

Employment agencies, labor organizations and joint labor management committees

Exempts: The United States or a corporation owned by the United

States An American Indian Tribe A bona fide private membership club that is exempt from

taxation under the IRS code

Title I: EmploymentProhibitions Requires employers to provide qualified individuals with

disabilities an equal opportunity to benefit from the full range of employment-related opportunities available to non-disabled persons . It prohibits discrimination in: job application procedures hiring advancement employee compensation Job assignment/classification job training other terms, conditions, or privileges of employment

Title I: Employment

“Qualified individual with a disability” means an individual with a disability who satisfies the requisite skill, experience, education and other job-related requirements of the employment position such individual holds or desires and who with or without reasonable accommodation, can perform the essential functions of such position

Essential Functions“Essential Function” means job tasks that are

fundamental and not marginal: The position exists to perform the function If there is a limited number of employees among

whom the function can be distributed If the function is highly specialized

Reasonable AccommodationEmployers must make reasonable accommodations for a

qualified applicant or employee with a disability. “Reasonable accommodation” means: Modification or adjustment to the job application process Modification to the work environment or the manner in

which the job is customarily performed Modification or adjustment to allow the equal enjoyment

of benefits and privileges of employment

Types of Reasonable Accommodations Reasonable accommodations may include but are not

limited to: Modifying the job application process Making facilities accessible Job restructuring part-time or modified work schedules Acquiring or modifying of equipment/devices Modifying policies Providing readers/interpreters/notetakers/CART Educating co-workers Other similar accommodations

Undue Hardship

Reasonable accommodation may not be provided if such accommodation results in undue hardship on the employer.

“Undue hardship” means: an action requiring significant difficulty or expense one that is costly, extensive, substantial or disruptive One that will fundamentally alters the nature of

employment

Tax Credit for Small Business The Disabled Access Tax Credit is available to

eligible small businesses that have either thirty or fewer full time employees or gross receipts of under $1,000,000 annually It provides a tax credit of 50% of eligible expenditures

that exceed $250 but do not exceed $10,250. Eligible expenses are any expenses incurred in complying with the ADA, including: Removing architectural, communication and transportation

barriers Providing auxiliary aids and services Acquiring or modifying equipment and devices

Tax Deduction for Business of Any Size Tax deduction of up to $15,000 may be taken

for removal of structural barriers in facilities or transportation vehicles A business eligible for the small business tax credit which removes structural barriers may use the deduction for expenditures over what is taken for the tax credit

Title III: Public AccommodationsWho is Covered? Public accommodations are private entities who

own, lease, lease to, or operate facilities such as: Places of lodging (motel, hotel, inn) Establishment serving food or drinks (restaurant, bar) Place of exhibition or entertainment (theater, stadium,

concert hall) Place of public gathering (auditorium, convention center,

lecture hall) Sales or rental establishment (store, shopping center,

other retail or wholesale or rental establishment)

Title III: Public AccommodationsWho is Covered? (continued)

Service establishment (Laundromat, dry cleaner, bank, barber shop, travel agency, accountant, doctor office, beauty shop, pharmacy or other service establishment)

Station used for public transportation (terminal, depot) Public display or collection (museum, library, gallery) Recreation (park, zoo, amusement park) Education (nursery, K-12 education, colleges/universities,

private school) Social service center (day care center, food bank,

homeless shelter) Exercise or recreation (gymnasium, health spa, bowling

alley, golf course)

Title III: Public AccommodationsExemptions Bona fide private membership clubs that

requires Substantial membership fee Numerical limit on club membership Membership’s control over selection of members Criteria for admission Formality of admission process Religious entities

Title III: Public Accommodations Prohibitions

The ADA prohibits any public or private funded facilities or businesses to discriminate, exclude or segregate individuals with disabilities from their goods and/or services.

Title III: Public AccommodationsPolicy Modification It is discriminatory to fail to make reasonable

modifications to policies, practices and procedures when necessary to provide goods and services to a person with a disability, unless the public accommodations can demonstrate that modifying the policy or practice would fundamentally alter the nature of the goods and services provided.

Title III: Public AccommodationsAuxiliary Aids and Services Public accommodations must provide auxiliary aids and

services in order to communicate effectively with or to ensure communication accessibility to individuals with hearing, vision or speech disabilities. Such auxiliary aids and services are but not limited to: Qualified interpreters, assistive listening systems,

decoders, open and closed captioning, TTY Qualified readers, audio recordings, braille materials,

large print materials, materials on computer disk Speech synthesizers, computer terminals, communication

boards Acquisition or modification of equipment or devices

Architectural Access – Readily achievable Public accommodations must remove

architectural, communication and transportation barriers in existing facilities where it is readily achievable to do so. Readily achievable means easily accomplishable and able to be carried out without much difficulty or expense.

Architectural Access – Alternative Methods If barrier removal is not readily achievable, the

public accommodations must make their goods and services through alternative methods such as but not limited to: Curb service Retrieving merchandise from inaccessible shelves or

places Relocating services, programs and/or activities Providing gas refueling services at self-serve pumps Providing any other accessible means

Architectural Access – Alterations and New Construction New construction and facility alterations by

public accommodations must be readily accessible to and useable by individuals with disabilities in compliance with the Americans with Disabilities Act Accessibility Guideline.

Tax Credit for Small Business

Title III: Public AccommodationsThe Disabled Access Tax Credit is available to eligible small businesses that have either: thirty or fewer full time employees or gross receipts of under $1,000,000 annually It provides a tax credit of 50% of eligible expenditures that exceed

$250 but do not exceed $10,250. Eligible expenses are any expenses incurred in complying with the ADA, including: Removing architectural, communication and

transportation barriers Providing auxiliary aids and services Acquiring or modifying equipment and devices

Tax Deduction for Business of Any Size Tax deduction of up to $15,000 may be taken

for removal of structural barriers in facilities or transportation vehicles.

A business eligible for the small business tax credit which removes structural barriers may use the deduction for expenditures over what is taken for the tax credit

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ADA Resource: http://www.ada.gov/