ADA Law | Legal Support

English: A collection of pictograms. Three of ...
English: A collection of pictograms. Three of them used by the United States National Park Service. A package containing those three and all NPS symbols is available at the Open Icon Library (Photo credit: Wikipedia)

 

 

THE AMERICANS WITH DISABILITIES ACT OF 1990

The Americans with Disabilities Act of 1990 (ADA) prohibits discrimination and ensures equal opportunity for persons with disabilities in employment, State and local government services, public accommodations, commercial facilities, and transportation. It also mandates the establishment of TDD/telephone relay services. The current text of the ADA includes changes made by the ADA Amendments Act of 2008 (P.L. 110-325), which became effective on January 1, 2009. The ADA was originally enacted in public law format and later rearranged and published in the United States Code.  PDF text of ADA or ADA text with links.

THE 2010 REGULATIONS

On Friday, July 23, 2010, Attorney General Eric Holder signed final regulations revising the Department’s ADA regulations, including its ADA Standards for Accessible Design. The official text was published in the Federal Register on September 15, 2010 (corrections to this text were published in the Federal Register on March 11, 2011).

The revised regulations amend the Department’s 1991 title II regulation (State and local governments), 28 CFR Part 35, and the 1991 title III regulation (public accommodations), 28 CFR Part 36. Appendix A to each regulation includes a section-by-section analysis of the rule and responses to public comments on the proposed rule.

These final rules went into effect on March 15, 2011, and were published in the 2011 edition of the Code of Federal Regulations (CFR).

To read the Final Rule regarding “Nondistrimination on the basis of Disability by Public Accommodation and in Commercial Facilities under title III of the Americans with Disabilities Act of 1990, click on following links: http://www.ada.gov/regs2010/titleIII_2010/titleIII_2010_fr.pdf

http://www.ada.gov/regs2010/titleIII_2010/titleIII_2010_regulations.htm

Title III, which this rule addresses, prohibits discrimination on the basis of disability in the activities of places of
public accommodation (businesses that are generally open to the public and that fall into one of 12 categories listed in the ADA, such as restaurants, movie theaters, schools, day care facilities, recreation facilities, and doctors’ offices) and requires newly constructed or altered places of public accommodation—as well as commercial facilities (privately owned, nonresidential facilities such as factories, warehouses, or office buildings)—to comply with the ADA Standards. 42 U.S.C. 12181–89

The implementing regulations of ADA protect individuals with disabilities from retaliation as noted below:

Sec.36.206 Retaliation or coercion.

(a) No private or public entity shall discriminate against any individual because that individual has opposed any act or practice made unlawful by this part, or because that individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under the Act or this part.

(b) No private or public entity shall coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by the Act or this part.

(c) Illustrations of conduct prohibited by this section include, but are not limited to:

(1) Coercing an individual to deny or limit the benefits, services, or advantages to which he or she is entitled under the Act or this part;

(2) Threatening, intimidating, or interfering with an individual with a disability who is seeking to obtain or use the goods, services, facilities, privileges, advantages, or accommodations of a public accommodation;

(3) Intimidating or threatening any person because that person is assisting or encouraging an individual or group entitled to claim the rights granted or protected by the Act or this part to exercise those rights; or

(4) Retaliating against any person because that person has participated in any investigation or action to enforce the Act or this part.

Sec.36.207 Places of public accommodation located in private residences.

(a) No private or public entity shall discriminate against any individual because that individual has opposed any act or practice made unlawful by this part, or because that individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under the Act or this part.

(b) No private or public entity shall coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by the Act or this part.

(c) Illustrations of conduct prohibited by this section include, but are not limited to:

(1) Coercing an individual to deny or limit the benefits, services, or advantages to which he or she is entitled under the Act or this part;

(2) Threatening, intimidating, or interfering with an individual with a disability who is seeking to obtain or use the goods, services, facilities, privileges, advantages, or accommodations of a public accommodation;

(3) Intimidating or threatening any person because that person is assisting or encouraging an individual or group entitled to claim the rights granted or protected by the Act or this part to exercise those rights; or

(4) Retaliating against any person because that person has participated in any investigation or action to enforce the Act or this part.

For more information on ADA, go to http://ada.gov.

The U.S. Department of Justice held a hearing in San Francisco, California, on January 10, 2011, at which the Director of the Center for School Mold Hwelp, Susan Brinchman, commented as follows (excepts):

“A large number of the population may be in a category with significant sensitivities that cause them to avoid environmental factors such as chemicals, indoor molds and 5 dampness, or electromagnetic radiation or electric fields. These people range in the millions. The chemical sector there is estimated to be at 15 percent of the total population. Those sensitive to indoor molds and dampness, 24 percent of the total population. With the electromagnetic and electric concerns, 9.8 million in the United States.

“Millions of individuals within these categories are in the severe range, with regard to environmental disabilities, actually. They are designated as partially or totally disabled.  And they may be unable to work and access public services and programs, as a result.  And the current status quo is unacceptable in the public services and program sector, and workplace, with regard to accommodating those with environmental disabilities.  Even at the Department of Justice ADA office, there appears to be some confusion on the matter as to whether the ADA covers these individuals, even though I know that people are accommodated now and then throughout the United States, based on these disabilities.

“A key concept that must be adopted is to provide these people, identified by their own treating physicians, with their recommended accommodations and alternatives in the workplace and in places where they go to receive services and programs. And when accessing services at home, by phone, Internet, or when they are accessing public utilities, that allows them to avoid the triggers for their own illnesses.  Do not force environmentally ill people to expose themselves to triggers to receive services or to work. These measures will in turn protect the general population, improve public health, and reduce the number of disabled people. Because the triggers for these environmental illnesses are not good for anyone.”

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From a Yellow Canary of the 21st century, living in our disabling biosphere

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