The Americans with Disabilities Act of 1990 (ADA) prohibits discrimination on the basis of disability in:

• Transportation
• Employment
• Public services (activities of state and local government)
• Public accommodations (a facility, operated by an individual, business or other entity) including: an inn, hotel, motel, or other place of lodging; a restaurant, bar, or other establishments.  (homeless shelters and other agencies that permit short-term stays or provide social services to its residents are covered under the ADA, either as a “place of lodging” or as a “social service establishment,” or as both).
• Telecommunications (companies offering telephone services to the general public must offer telephone relay services to individuals who use telecommunications devices for the deaf [TDDs] or similar devices)

By January 26, 1992 , the ADA required that all existing facilities that provide products and services to the general public, including social service establishments, be made usable by people with disabilities.  It requires that physical and communication barriers be removed, when doing so is readily achievable (able to be carried out without much difficulty or expense [Title III, section 301, paragraph 9]).  The requirements for new construction are more extensive (see page 28 in ADA Compliance Guide for Food and Shelter Programs for more detail).  It will become increasingly easier to find accessible social service facilities as more and more facilities and organizations comply with the ADA.

United States Department of Justice ADA Home Page

http://www.usdoj.gov/crt/ada/adahom1.htm

Technical Assistance Materials

http://www.usdoj.gov/crt/ada/publicat.htm

National Council on Disability

http://www.ncd.gov

Presidents Committee on Employment of People with Disabilities

http://www50.pcepd.gov/pcepd/

Pacific Disability and Business Technical Assistance Center

http://www.pacdbtac.org

The Access Board

http://www.access-board.gov

Cornucopia of Disability Information

http://codi.buffalo.edu

Disability Information and Resources

http://www.eskimo.com/~jlubin/disabled

Job Accommodation Network

http://janweb.icdi.wvu.edu

*For a list of additional resources, please consult the “Resource” (page 121) and “Appendix” (page A-1) sections in the EFSP Americans with Disabilities Act Compliance Guide for Food and Shelter Programs.

·         It extends Federal non-discrimination law to all employers, places of public accommodations and industries engaged in interstate commerce.

·         It adds or expands prohibitions currently in force with other Federal laws. 

Þ      The Civil Rights Act of 1964 did not include discrimination against people with disabilities in its text.

Þ      The Rehabilitation Act of 1973 only protects discrimination in federal employment (section 501), affirmative action by federal contractors (section 503), discrimination by entities receiving federal aid (section 504), and activities conducted by the Federal Government (section 504).

·         It does not supersede or pre-empt other federal or state laws; it means that everyone must comply with other federal and state laws as well.  If a state law is broader or stronger than the ADA, the state law will take precedence.

Þ      By creating a compliance plan agencies are generating a resource for its employees and volunteers.  The document will help these individuals understand the capabilities and limitations the agency has in handling clients with disabilities. 

Þ    Developing a compliance plan is also helpful to agencies because it allows the organization to better understand what improvements could be made with little to no financial burden, in addition to creating a strategy on making long term improvements. 

1.       Designate someone as the ADA Coordinator to oversee ADA compliance.

2.       Consult with people trained in ADA compliance.  Be sure to include    people with disabilities when developing a compliance plan.

3.       Complete the checklists for program access, physical access, communication access, and employment practices.

4.       Complete the “plan” sheets for program access, physical access, communication access, and employment practices.

5.       Establish a system for evaluating progress and updating the plan.

It is illegal to discriminate against people with disabilities in employment  or  volunteer practices.  Employers will judge all persons by their job qualifications when recruiting, hiring, or promoting people.  Equal consideration must be given to a disabled employee, volunteer,  or applicant who is qualified to perform a job’s essential function. 

Agencies are required to communicate effectively with people who are deaf, blind, or who have speech, vision or hearing impairments by whatever means are appropriate.  The ADA defines “auxiliary aids and services” as the means for achieving effective communication.  This term includes sign language interpreters; written materials; assistive listening devices; Telecommunication Devices for the Deaf (TDDs); tape, braille, or large print materials; readers; and other communication tools.

1.     Determine if your government funding sources have additional monies available for barrier removal.

2.     Create an annual line item in the organization’s and program’s budget(s) for reasonable accommodation.

Þ      Each year review your ADA Compliance Plan, developing short and long term goals.  Create a budget according to the goals identified, so that they can be achieved.

3.     Use unrestricted funds acquired through fund raising, corporate sponsorships, and foundation grants to make ADA related changes.

Program access refers to overall accessibility of the program.  Is the program service, or activity readily accessible to and usable to people with disabilities.  If your agency has inaccessible facilities, you can provide access to your program in other ways.  For example:

1.     Meet at an accessible location.  A counseling center is located on the second floor of a three-story walk-up building.  A wheelchair user would be unable to visit the agency.  The agency could arrange to meet the individual at another accessible location.

2.     Home visits and curbside delivery.  If a person with a disability is unable to enter a soup kitchen to obtain a meal because of a flight of steps at the main entrance, a worker could deliver the meal to the individual’s home or meet the individual at the curb.

3.     Network with other agencies.  If one agency is well equipped to assist people who are deaf and another nearby agency is well equipped to serve people who use wheelchairs then an agreement for cross-referring could be made. 

Public accommodations are required to remove architectural barriers- those elements of a facility that impede access by people with disabilities- to ensure access for clients where it is possible to do so in a readily achievable manner.

The ADA defines “readily achievable” as “easily accomplished and able to be carried out without much difficulty or expense”.   Examples of barrier removal include:

·         providing a ramp for one or even several steps

·         widening doorways

·         reconfiguring display shelves to increase aisle width

·         widening bathroom doorways

·         moving toilet stall partitions

·         installing grab bars in restroom stalls