ADA Watch-Year One:
A Report to the President and the Congress on Progress
in Implementing the Americans with Disabilities Act
April 5, 1993
National Council on Disability
1331 F Street NW
Suite 1050
Washington, DC 20004-1107
(202) 272-2004 Voice
(202) 272-2074 TT
(202) 272-2022 Fax
The views contained in the report do not necessarily
represent those of the Administration, as this document has not
been subjected to the A-19 Executive Branch review process.
Letter of Transmittal
April 5, 1993
The President
The White House
Washington, DC 20500
Dear Mr. President:
The National Council on Disability is pleased to
submit to you this report entitled ADA Watch--Year One: A Report
to the President and the Congress on Progress in Implementing the
Americans with Disabilities Act.
The Americans with Disabilities Act of 1990 (ADA)
is now a reality for an estimated 43 million Americans with disabilities.
As the federal agency that initially proposed the ADA, the National
Council feels a particular obligation to ensure that the law is
implemented fully and effectively. The Council, therefore, established
the ADA Watch in 1991 to monitor implementation of this landmark
civil rights legislation.
Like the ADA itself, ADA Watch is comprehensive in
nature: it covers all titles of the law, all regions of the country,
and all sectors of the economy. The overarching conclusion and recommendation
of this report is that there has been substantial progress in implementing
the ADA during its early stages, and no amendments to the law should
be made at this time.
The National Council remains fully committed to ensuring
that the promises of the ADA are fully realized for people with
disabilities and their families. We look forward to working with
you toward this essential goal.
Sincerely,
John A. Gannon
Acting Chairperson
February 1993-present
Sandra Swift Parrino
Chairperson
October 1983-January 1993
(This same letter of transmittal was sent to the President
Pro Tempore of the Senate and the Speaker of the House of Representatives.)
Table of Contents
MISSION OF THE NATIONAL COUNCIL ON DISABILITY
NATIONAL COUNCIL ON DISABILITY, MEMBERS
AND STAFF
PROJECT STAFF
EXECUTIVE SUMMARY
I. INTRODUCTION: THE AMERICANS WITH DISABILITIES
ACT
II. EFFORTS TO IMPLEMENT THE ADA
Federal Government
People with Disabilities
Covered Entities
Nonprofit Organizations
Entrepreneurs
III. FORMAL AND INFORMAL COMPLAINTS:
EVIDENCE OF CONTINUED NEED FOR THE ADA
Formal Complaints/Lawsuits
Accounts of Discrimination
IV. EXEMPLARY EFFORTS TO COMPLY WITH
THE ADA
Partnerships
Exemplary Programs/Actions
V. NEEDED ADA TECHNICAL ASSISTANCE/INFORMATION
Lack of Awareness
Need for Targeted Assistance
VI. ADA ISSUES REQUIRING FEDERAL ACTION
The ADA and Other Disability Laws
Key Implementation Issues
VII. RESEARCH AGENDA
Current Research
Needed Research
APPENDICES
- ADA Watch Brochure
- ADA Watch Public Hearing Agenda, Washington,
DC, June 15-16, 1992
- ADA Watch Public Hearing Agenda, San
Francisco, California, October 20, 1992
- U.S. Department of Justice ADA Technical
Assistance Grantees
- Project ACTION, Demonstration Projects
(Phases I and II)
- National Institute on Disability and
Rehabilitation Research (NIDRR), Regional Disability and Business
Technical Assistance Centers
- Funding Partnership for People with
Disabilities: Project Summaries
- Selected ADA-Related Videocassettes
- Architectural and Transportation Barriers
Compliance Board (Access Board), Proposed ADA Research Agenda
NATIONAL COUNCIL MEMBER AND STAFF BIOGRAPHIES
LIST OF TABLES
- Release Dates of Federal Regulations
- Materials Distributed by NIDRR
Regional Centers
- Some ADA Publications Prepared
by Federal Agencies
- Title II Complaints Concerning
State and Local Government Entities Filed With the Department
of Justice as of September 10, 1992
- Title III Complaints Filed With
the Department of Justice as of September 10, 1992
- CAREERS & the disABLED--1992
Reader Survey
LIST OF FIGURES
- Access Board Requests for Information/Guidelines
- Inquiries Addressed by the Job Accommodation Network
MISSION
OF THE NATIONAL COUNCIL ON DISABILITY
The National Council on Disability is an independent federal agency
composed of 15 members appointed by the President of the United
States and confirmed by the U.S. Senate. It was established in 1978
as an advisory board within the Department of Education. The Rehabilitation
Act Amendments of 1984 transformed the Council into an independent
agency. The mission of the National Council on Disability is to
provide leadership in the identification of emerging issues affecting
people with disabilities and in the development and recommendation
of disability policy to the President and the Congress. The statutory
mandate of the National Council during the first year of ADA Watch
included the following:
- Reviewing and evaluating on an ongoing basis the
effectiveness of all policies, programs, and activities concerning
individuals with disabilities conducted or assisted by federal
departments or agencies;
- Assessing the extent to which federal policies,
programs, and activities provide incentives for community-based
services, promote full integration of individuals with disabilities,
and contribute to the independence and dignity of individuals
with disabilities;
- Providing to the Congress, on an ongoing basis,
advice, recommendations, and any additional information that the
National Council or the Congress considers appropriate;
- Providing ongoing advice to the President, the
Congress, the Commissioner of the Rehabilitation Services Administration
(RSA), the Assistant Secretary of the Office of Special Education
and Rehabilitative Services (OSERS), and the Director of the National
Institute on Disability and Rehabilitation Research (NIDRR) on
programs authorized in the Rehabilitation Act;
- Establishing general policies for reviewing the
operation of NIDRR;
- Submitting an annual report with appropriate recommendations
to the President and the Congress regarding the status of research
affecting persons with disabilities and the activities of RSA
and NIDRR;
- Providing advice to the RSA Commissioner on policies;
- Making recommendations on ways to improve research;
the collection, dissemination, and implementation of research
findings; and the administration of services affecting persons
with disabilities;
- Reviewing and approving standards for independent
living programs;
- Reviewing and approving standards for Project With
Industry programs;
- Providing guidance to the President's Committee
on Employment of People with Disabilities; and
- Issuing an annual report to the President and the
Congress on the progress that has been made in implementing the
recommendations contained in the National Council's January 30,
1986, report, Toward Independence.
While many government agencies address issues and
programs affecting people with disabilities, the National Council
is the only federal agency charged with addressing, analyzing, and
making recommendations on issues of public policy that affect people
with disabilities regardless of age, disability type, perceived
employment potential, economic need, specific functional ability,
status as a veteran, or other individual circumstance. The National
Council recognizes its unique opportunity to facilitate independent
living, community integration, and employment opportunities for
people with disabilities by ensuring an informed and coordinated
approach to addressing their concerns and eliminating barriers to
their active participation in community and family life.
NATIONAL
COUNCIL ON DISABILITY, MEMBERS AND STAFF Members
John A. Gannon, Acting Chairperson, Cleveland, Ohio,
and Washington, D.C.
A. Kent Waldrep, Jr., Vice Chairperson, Plano, Texas
Linda Wickett Allison, Dallas, Texas
Ellis B. Bodron, Vicksburg, Mississippi
Larry Brown, Jr., Potomac, Maryland
Mary Ann Mobley Collins, Beverly Hills, California
Anthony H. Flack, Norwalk, Connecticut
Robert S. Muller, Grandville, Michigan
George H. Oberle, PED, Stillwater, Oklahoma
Sandra Swift Parrino, Briarcliff Manor, New York
Mary Matthews Raether, McLean, Virginia
Shirley W. Ryan, Chicago, Illinois
Anne Crellin Seggerman, Fairfield, Connecticut
Michael B. Unhjem, Fargo, North Dakota
Helen Wilshire Walsh, Greenwich, Connecticut
Staff
Andrew I. Batavia, JD, MS, Executive Director
Edward P. Burke, Exec. Ass't. to the Chairperson
Billie Jean Hill, Program Specialist
Mark S. Quigley, Public Affairs Specialist
Brenda Bratton, Executive Secretary
Stacey S. Brown, Staff Assistant
Janice Mack, Administrative Officer
Lorraine Williams, Office Automation Clerk
PROJECT
STAFF National Council on Disability
Committee on Public Policy
John A. Gannon, Chairperson
Larry Brown, Jr.
Robert S. Muller
Sandra Swift Parrino
Mary Matthews Raether
Michael B. Unhjem
A. Kent Waldrep, Jr.
Helen Wilshire Walsh
Project Officer
Billie Jean Hill
National Council on Disability
Project Directors
Timothy L. Jones
Robert G. Kramer
Robert G. Kramer & Associates, Inc.
Consultants
Catherine Downes Bower, CAE
Robert L. Burgdorf Jr., JD
Midge Saint
Jane West, PhD
Report Editors
Andrew I. Batavia, JD, MS
Edward P. Burke
Mark S. Quigley
Judy Cleary/EEI
EXECUTIVE
SUMMARY
My highest priorities as your next President
are to restore economic opportunity and rebuild a sense of community
in our great nation. That is why I believe the ADA is so important.
In a competitive global economy, our country doesn't have a single
person to waste-- opportunity must be open to everyone. I am strongly
committed to full implementation and enforcement of the ADA, because
I believe our entire nation will share in the economic and social
benefits that will result from full participation of Americans
with disabilities in our society.
President-elect Bill Clinton
Letter to the ADA Employment Summit
December 1, 1992
The National Council on Disability is an independent
federal agency charged by the U.S. Congress to address, analyze,
and provide recommendations on issues of public policy that affect
people with disabilities. The Americans with Disabilities Act of
1990 (ADA), P.L. 101-336, was first proposed by the National Council
in a 1986 report to the President and the Congress, Toward Independence.
In 1988, the National Council outlined the blueprint for the ADA
in another special report, On the Threshold of Independence.
Having initiated the ADA, the National Council is
committed to ensuring that the law is fully implemented and that
opportunities for full participation in American life for people
with disabilities are realized. With this objective, the National
Council established ADA Watch in 1991 to evaluate implementation
of the ADA. ADA Watch is comprehensive in its scope, including all
titles of the ADA in all sectors of the economy and all parts of
the country. The primary purposes of ADA Watch are to monitor and
report on ADA implementation and to provide an opportunity for the
concerns and experiences of all parties affected by the ADA to be
given full consideration.
The ADA was enacted with strong bipartisan support
in both the House of Representatives (with a vote of 377 to 28)
and the Senate (91 to 6) and signed into law by then-President George
Bush on July 26, 1990. President Bill Clinton gave the Act strong
support in his presidential campaign and in a letter to the ADA
Employment Summit, sponsored by the President's Committee on Employment
of People with Disabilities on December 1, 1992. The ADA is a comprehensive
civil rights statute that prohibits discrimination against people
with disabilities--similar to the protections obtained by women,
minorities and others since the Civil Rights Act of 1964 was enacted.
The ADA has five titles:
- Title I -- Employment
- Title II -- Public Services (including Public Transportation)
- Title III -- Public Accommodations and Services
Operated by Private Entities
- Title IV -- Telecommunications
- Title V -- Miscellaneous Provisions
The provisions of the ADA will take effect in stages,
with the first set of regulations having gone into effect as of
January 26, 1992. An estimated 43 million Americans with physical
or mental impairments that substantially limit daily activities
are protected under the ADA. These activities include: working,
walking, talking, seeing, hearing, or caring for oneself. People
who have a record of such an impairment and those regarded as having
an impairment are also protected.
The ADA bars discrimination in employment and generally
requires employers with 25 or more employees to make reasonable
accommodations for qualified people with disabilities beginning
in July 26, 1992, and employers with 15 or more employees to make
such accommodations by July 26, 1994. It also bars discrimination
in any activity or service of a state or local government, similar
to a requirement under section 504 of the Rehabilitation Act of
1973 for services operated or funded by the federal government.
The ADA prohibits discrimination in commercial facilities
and public accommodations--hotels, restaurants, stores, theaters,
and museums, among others. New buses, trains, subway cars, and rail
stations will have to be made accessible according to specific schedules
in the coming years. Accessible paratransit services must be provided
that are comparable to fixed-route transportation services. Phone
companies must provide relay services so that people with speech
or hearing impairments can communicate with those who use conventional
voice phones.
While many states have laws banning discrimination
against people with disabilities, the National Council on Disability
concluded that the lack of a consistent standard across the nation
left people with disabilities living as second-class citizens with
few options to live independently and viewed as dependents unable
to contribute productively. This is evidenced by unemployment rates
among people with disabilities that are higher than any other group--estimated
as high as 67 percent by one Louis Harris poll commissioned by the
National Council and the International Center for the Disabled.
This report summarizes major findings and recommendations
from the first year of ADA Watch. The study was conducted from October
8, 1991, to November 16, 1992, and therefore reflects developments
during that period. (Some information obtained after the study is
also provided.) It is important to note that 1992 was also the first
full year of ADA implementation, and much of what is reported here
is based on the very early experience in implementing and enforcing
the law. The most remarkable observation about these beginnings
is that so much has been achieved in so little time.
Methodology
The ADA Watch team gathered information from the
following sources:
- Organizations and associations representing the
disability community and the ADA's "covered entities" (e.g., businesses,
and state and local governments)--general informational materials,
training and technical assistance manuals, guidebooks, and videotapes.
- Federal agencies having ADA responsibility--data
on complaints filed, technical assistance and training efforts,
grant programs funded through the agencies, and research activities
conducted or proposed.
- Nonprofit organizations--for example, the Funding
Partnership for People with Disabilities, a coordinating entity
for more than 20 foundations and corporate giving programs.
- Media sources--newspapers, magazines, journals,
trade and industry publications, television, and radio.
- Public hearings in Washington, DC (two days) and
San Francisco, California (one day for general ADA issues followed
by one day of hearings on issues related to minorities with disabilities).
- A toll-free telephone line, which received calls
from people with disabilities, businesses, government agencies,
and other concerned citizens across the United States.
- Letters and other correspondence, which provided
information about many efforts to implement the ADA and described
issues faced by people with disabilities related to the ADA.
The resulting volumes of data were then analyzed
to identify patterns, recurring themes or issues, and significant
needs.
Major Findings
The following are the major findings for the first
year of ADA Watch:
- The federal government has, overall, performed
well in its ADA implementation responsibilities.
- The disability community has generally, in these
early days of the ADA, taken an ADA implementation strategy of
"educate and negotiate, and litigate as a last resort."
- Many organizations serving covered entities, such
as trade associations, have initiated significant efforts to assist
their members with ADA implementation.
- The projections that ADA implementation would not
be unduly burdensome to businesses appear to have been well founded.
- The ADA has opened up new opportunities for disability-related
activities in the nonprofit community.
- Entrepreneurial activities stimulated by the ADA
have had very mixed results: some have been helpful, others highly
counterproductive.
- Complaints filed under the ADA thus far indicate
that certain key areas need greater attention, including, for
example, accommodating current employees with disabilities under
Title I.
- Early efforts by covered entities to implement
the ADA's employment provisions have helped to remove formal barriers
to employment of people with disabilities, but many barriers still
exist.
- Some of the most productive ADA implementation
activities have involved cooperative efforts between and among
government agencies, businesses and business organizations, and
the disability community.
- The need for information and technical assistance
continues to grow, outstripping federal and state resources.
- While efforts to inform people with disabilities
and covered entities about the ADA have been substantial, many
large gaps still exist.
- Minorities with disabilities, overrepresented in
the disability community, are significantly underreached by current
ADA information and technical assistance efforts.
- As organizations and individuals advance in their
knowledge of the ADA, their questions are becoming increasingly
sophisticated and technical, often requiring complex responses.
- Covered entities are looking for the greatest degree
of certainty of being in compliance with the ADA that the federal
government can offer.
- As ADA regulations become more refined, the ADA's
relationship to other federal disability nondiscrimination laws
is becoming clearer in certain areas and more confused in others.
- People with certain kinds of disabilities, such
as vision and hearing impairments, short stature, and environmental
illness, are becoming frustrated with the way ADA implementation
efforts are being conducted.
- Despite the broad scope of the ADA, there still
appear to be some gaps in coverage, such as full protection for
people with environmental illness.
- Numerous technical issues involving the interpretation
and application of the ADA and its regulations have been raised,
including the use of edge warning devices on transit platforms
and accessibility standards for recreation areas.
- Major elements of employee benefit plans are being
called into question by the ADA, such as whether an employer's
health care plan may discontinue coverage of certain benefits
specifically needed by people with disabilities.
- The role of traditional government activities in
support of people with disabilities and the application of previously
existing disability laws are being affected by the ADA.
- There is a growing body of information about such
issues as perceptions of the ADA, costs of implementation, and
attitudes toward ADA responsibilities that will enable policymakers
to prioritize implementation efforts more effectively.
- The progress and impact of the ADA cannot be fully
determined with existing data sources, and substantial additional
research is needed.
Recommendations
The National Council on Disability, based on first
year findings, recommends the following:
- To sustain the substantial progress achieved in
implementing the ADA during its early stages, no amendments to
the law should be made at this time.
- The federal government should plan, coordinate,
and fund a media campaign to disseminate accurate information
about the ADA through public service announcements on radio and
television.
- New materials and dissemination strategies should
be developed that are targeted to, and sensitive to the needs
of, African Americans, Native Americans, Hispanic and Latino populations,
Asian Americans, Pacific Islanders, and other minority populations.
- Systematic outreach and technical assistance efforts
should be initiated that focus on small businesses and communities
outside major metropolitan areas.
- The dissemination of ADA information and technical
assistance materials should be increasingly decentralized and
moved out of the federal sector.
- Federal technical assistance projects should be
established in Alaska, Hawaii, and the Trust Territories.
- The next generation of technical assistance materials
should be more industry- and profession-specific.
- More technical assistance should be provided to
state and local government entities.
- The federal government should formally endorse
technical assistance materials to increase public confidence in
their validity as standards for ADA compliance.
- The federal government should cultivate and coordinate
ADA leadership in the private sector and the disability community
and thereby become more the catalyst than the provider of technical
assistance.
- The Interagency Disability Coordinating Council
should identify and address gaps in coverage, conflicting definitions
of terms, and problems of overlapping jurisdiction of federal
disability nondiscrimination laws.
- The Department of Justice, the Equal Employment
Opportunity Commission, the Department of Transportation, the
Federal Communications Commission, and the Access Board should
prepare and disseminate regular technical guidance memoranda regarding
ADA policy decisions.
- Congress and the Administration should consider
legislation to address the needs of people with "emerging disabilities,"
such as those with head injuries resulting from violence or other
trauma and those with environmental illnesses who are severely
adversely affected by secondary smoke or other pollutants in public
places.
- A comprehensive research agenda should be developed
to measure the nation's progress in meeting the ADA's four goals
of equality of opportunity, full participation, independent living,
and economic self-sufficiency.
- Congress should authorize and fund a large-scale
longitudinal study to determine how the needsof people with disabilities
are being met over time as the ADA is implemented.
- Funding for federal government ADA information
dissemination, technical assistance activities, and research should
be adequate to ensure the successful ongoing implementation of
the law.
Conclusions
The early record on voluntary compliance with the
ADA is mixed: some covered entities have offered exemplary models
for accommodating the needs of people with disabilities; many have
done what is necessary to meet the ADA's requirements; and some
others have largely ignored the ADA or have been ignorant of it.
Although all of the entities that have complied have incurred some
costs, it does not appear that any of the dire economic predictions
made by some have materialized.
As an independent federal agency, the National Council
has the autonomy to assess the efforts of other agencies responsible
for implementing the ADA. While it concludes that these agencies
have performed well considering their resource constraints, additional
ADA technical assistance, education, and research efforts are needed
to further improve implementation and to inform the public about
their rights and obligations under the law. It is particularly important
to target such efforts to minorities, small businesses, and small
cities and rural communities. Funding for such efforts should be
provided.
Overall, the ADA continues to be a major success
of American public policy. Countries throughout the world are looking
at the ADA and our efforts at implementing it as a model to improve
the quality of life of their citizens with disabilities. Based on
the first year of ADA Watch, the overarching conclusion and recommendation
of the National Council on Disability is that no amendments to the
ADA should be made at this time. Changing the law now, just as it
is starting to have a positive effect, would confuse the public
and compromise the substantial progress that has been made to date.
I.
INTRODUCTION: THE AMERICANS WITH DISABILITIES ACT
The Americans with Disabilities Act of 1990 (ADA) was first proposed
by the National Council on Disability under the leadership of Chairperson
Sandra Swift Parrino and Executive Director Lex Frieden. In February
1986, the Council issued a report to the President and the Congress
entitled Toward Independence, which recommended enactment
of a comprehensive law requiring equal opportunity for individuals
with disabilities.
In 1988, the Council published another report entitled
On the Threshold of Independence, which outlined the initial
blueprint for the ADA. The bill, which was sponsored jointly by
Senator Lowell Weicker and Representative Tony Coelho, was introduced
in the 100th Congress. As Chairperson of the Task Force on the Rights
and Empowerment of Americans with Disabilities, Justin Dart, Jr.,
held 63 hearings on the need for the ADA in every state in the country.
During the 1988 Presidential campaign, then-Vice
President George Bush endorsed the ADA and became a strong advocate
for its passage. The bill was reintroduced, in modified form, in
May 1989 by Senators Tom Harkin, Edward Kennedy, and Dave Durenberger
and Representatives Tony Coelho, Hamilton Fish, and Steny Hoyer.
In June 1989, Attorney General Dick Thornburgh, in testimony before
the U.S. Senate, reiterated the support of the Bush Administration
for the ADA.
After extensive negotiations between the Senate and
the Administration, the Senate passed an amended version of the
ADA on September 7, 1989, by a vote of 76 to 8. The House then began
consideration of the bill. Five separate House committees held hearings
on the ADA, and an amended version of the bill was passed on May
22, 1990, by a vote of 403 to 20. To reconcile the two different
versions of the ADA, the Senate and the House held two different
conference committees.
The House ultimately passed the ADA on July 12, 1990,
by a strong bipartisan vote of 377 to 28. The next day, with similar
bipartisan support, the Senate passed the bill by a vote of 91 to
6. The ADA became law on July 26, 1990, when it was signed by then-President
Bush on the South Lawn of the White House in front of over 3,000
persons, many of whom had worked on the passage of the law.(1)
On December 1, 1992, an ADA Employment Summit was held in which
then-President-elect Bill Clinton conveyed his strong support for
the ADA.
Modeled after the Civil Rights Act of 1964 and Title
V of the Rehabilitation Act of 1973, the ADA is a landmark piece
of civil rights legislation that provides broad protections for
persons with disabilities analogous to those available to minorities
and women. Throughout the world, countries are looking at the ADA
as a model to enhance the quality of life of their citizens with
disabilities. On February 17, 1993, in Vienna, Austria, with the
leadership of National Council Acting Chairperson John A. Gannon,
the United Nations Commission for Social Development passed a resolution
embodying the spirit of the ADA.
ADA Requirements
An estimated 43 million Americans with physical or
mental impairments that substantially limit daily activities are
protected under the ADA. These activities include working, walking,
talking, seeing, hearing, or caring for oneself. People who have
a record of such an impairment and those regarded as having an impairment
are also protected. The ADA has the following five titles:
- Title I -- Employment
- Title II -- Public Services (including Public Transportation)
- Title III -- Public Accommodations and Services
Operated by Private Entities
- Title IV -- Telecommunications
- Title V -- Miscellaneous Provisions
The following is a brief summary of some of the major
requirements contained in the ADA statute. To determine all of the
requirements that a covered entity must satisfy, it is necessary
to refer to the regulations, guidelines, and/or technical assistance
materials that have been developed by the Department of Justice
(DOJ), the Equal Employment Opportunity Commission (EEOC), the Department
of Transportation (DOT), the Federal Communications Commission (FCC),
and the Architectural and Transportation Barriers Compliance Board
(the Access Board). In addition, the Internal Revenue Service (IRS)
has developed regulations on the tax relief available for certain
costs of complying with the ADA, such as small business tax credits.
Title I--Employment
Title I of the ADA prohibits discrimination in employment
against people with disabilities. It requires employers to make
reasonable accommodations to the known physical or mental limitations
of a qualified applicant or employee, unless such accommodation
would impose an undue hardship on the employer. Reasonable accommodations
include such actions as making worksites accessible, modifying existing
equipment, providing new devices, modifying work schedules, restructuring
jobs, and providing readers or interpreters.
Title I also prohibits the use of employment tests
and other selection criteria that screen out, or tend to screen
out, individuals with disabilities, unless such tests or criteria
are shown to be job-related and consistent with business necessity.
It also bans the use of pre-employment medical examinations or inquiries
to determine if an applicant has a disability. It does, however,
permit the use of medical examinations after a job offer has been
made if the results are kept confidential, all persons offered employment
in the same job category are required to take them, and the results
are not used to discriminate.
Employers are permitted, at any time, to inquire
about the ability of a job applicant or employee to perform job-related
functions. Under the ADA, the employment provisions took effect
on July 26, 1992, for employers with 25 or more employees, and will
take effect on July 26, 1994, for employers with 15 or more employees.
As required, the EEOC issued its regulations by July 26, 1991.
Title II--Public Services
Title II of the ADA requires that the services and
programs of local and state governments, as well as other nonfederal
government agencies, are accessible to people with disabilities.
Regulations from the Attorney General's office at DOJ were issued
on July 26, 1991, in compliance with the ADA.
In addition, Title II seeks to ensure that people
with disabilities have access to transportation. All new buses must
now be accessible. Transit authorities must provide supplementary
paratransit services or other special transportation services for
individuals with disabilities who cannot use fixed-route bus services,
unless this would present an undue burden.
In the area of rail transportation, the ADA requires
that all new rail vehicles and all new rail stations must be accessible.
In addition, existing rail systems must have one accessible car
per train within five years of enactment. Amtrak must make all of
its existing stations accessible within 20 years. Key stations of
subway systems and other commuter rail systems must generally be
accessible within three years. Regulations from the Secretary of
DOT were due on July 26, 1991, but were somewhat delayed.
Title III--Public Accommodations
Public accommodations include the broad range of
entities that affect commerce, including sales, rental, and service
establishments; educational institutions; recreational facilities;
and social service centers. The ADA prohibits the use of eligibility
criteria that screen out or tend to screen out individuals with
disabilities, unless necessary for the delivery of goods and services.
It also requires public accommodations to make reasonable modifications
to policies, practices, and procedures, unless those modifications
would fundamentally alter the nature of the services provided by
the public accommodation.
Title III also requires that public accommodations
provide auxiliary aids necessary to enable persons who have visual,
hearing, or sensory impairments to participate in the program, but
only if their provision will not result in an undue burden on the
business. Thus, for example, a restaurant would not be required
to provide menus in braille for blind patrons if it requires its
waiters to read the menu. The auxiliary aid requirement is flexible.
A public accommodation may choose among various alternatives as
long as the result is effective communication.
With respect to existing facilities of public accommodations,
physical barriers must be removed when it is "readily achievable"
to do so (i.e., when it can be accomplished easily and without
much expense). Modifications that would be readily achievable in
most cases include ramping of a few steps. However, all construction
of new facilities and alterations of existing facilities in public
accommodations, as well as in commercial facilities such as office
buildings, must be accessible to people with disabilities (except
that elevators generally are not required for facilities that are
less than three stories high or have less than 3,000 square feet
per story).
Regulations on public accommodations and commercial
facilities from the Attorney General's office were issued on July
26, 1991. Title III also addresses transportation provided by private
entities, and regulations on this component were issued by the Secretary
of DOT on September 6, 1991.
Title IV--Telecommunications
Title IV of the ADA amends the Communications Act
of 1934 to require that telephone companies provide telecommunication
relay services. The relay services must permit speech- or hearing-impaired
individuals who use TTDs or other nonvoice terminal devices opportunities
for communication that are equivalent to those provided to other
customers. Regulations were issued by the FCC on August 1, 1991.
Title V--Miscellaneous Provisions
This title addresses such issues as the ADA's relationship
to other laws including the Rehabilitation Act of 1973, requirements
relating to the provision of insurance, regulations by the Access
Board, prohibition of state immunity, inclusion of Congress as a
covered entity, implementation of each title, promotion of alternative
means of dispute resolution, and provision of technical assistance.
ADA Watch
Having initiated the ADA, the National Council has
an interest in ensuring that the law is fully implemented and that
opportunities for full participation in American life presented
by the ADA are realized by people with disabilities. The National
Council established ADA Watch in 1991 in order to monitor implementation
of the ADA. ADA Watch is comprehensive, covering all titles of the
ADA in all sectors of the economy and all parts of the country.
(The brochure in Appendix A provides a brief description of the
project.)
The primary purpose of ADA Watch is to observe and
report on implementation, providing an opportunity for the concerns
and experiences of all interested and affected parties to be given
full consideration. The ADA Watch team gathered information from
the following sources:
- Organizations and associations representing the
disability community and the ADA's "covered entities" (e.g., businesses,
and state and local governments)--general informational materials,
training and technical assistance manuals, guidebooks, and videotapes.
- Federal agencies having ADA responsibilities--data
on complaints filed, technical assistance and training efforts,
grant programs funded through the agencies, and research activities
conducted or proposed.
- Nonprofit organizations--for example, the Funding
Partnership for People with Disabilities, a coordinating entity
for more than 20 foundations and corporate giving programs.
- Media sources--newspapers, magazines, journals,
trade and industry publications, television, and radio.
- Public hearings in Washington, DC (two days) and
San Francisco, California (one day for general ADA issues followed
by one day of hearings on issues related to minority members with
disabilities). The hearing agendas are included in this report
as Appendices B and C.
- A toll-free telephone line that received calls
from people with disabilities, businesses, government agencies,
and other concerned citizens across the United States.
- Letters and other correspondence, which provided
information about many efforts to implement the ADA and described
issues faced by people with disabilities related to the ADA.
The resulting volumes of data were analyzed to identify
patterns, recurring themes or issues, and significant needs.
This report summarizes major findings and recommendations
from the first year of ADA Watch. The data presented were obtained
primarily during the period of the study (October 8, 1991, to November
16, 1992), although some information obtained subsequently has also
been incorporated. As 1992 was also the first full year of ADA implementation,
much of what is reported here is based on the very early stages
of implementation. The most remarkable observation about these beginnings
is that so much has been achieved in so little time. The results
of this project indicate substantial, though sometimes uneven, progress
toward making the promise of the ADA a reality. Its findings support
the following overarching conclusion and recommendation:
Recommendation 1
To sustain the substantial progress achieved in implementing
the ADA during its early stages, no amendments to the law should
be made at this time.
II.
EFFORTS TO IMPLEMENT THE ADA This section
of the report describes efforts by interested parties to implement
the ADA, beginning with the federal agencies having statutory responsibility
for ADA implementation. The efforts of the disability community,
covered entities, nonprofit organizations, and entrepreneurial ventures
are also discussed.
Federal
Government Finding 1: The federal government
has, overall, performed well in its ADA implementation responsibilities.
Interagency Coordination
As the coordinating agency for federal activities
related to the ADA, the Department of Justice (DOJ) has major responsibilities
for implementation. DOJ's coordination efforts as of the end of
the first year of ADA Watch included development of the draft Technical
Assistance Plan to define each agency's areas of responsibility
and to coordinate federal technical assistance activities. This
plan was never officially finalized, but has nonetheless served
as a reasonably effective guide for federal ADA technical assistance
efforts.
In addition, an interagency task force composed of
representatives from all departments and agencies having ADA responsibilities
was created to help coordinate federal efforts. This task force
met monthly and continues to meet on a regular basis to discuss
what each agency is doing and to identify areas in which coordination
is required. Several cooperative efforts have been initiated by
DOJ through the task force, including the following:
- Establishment and coordination of a dissemination
strategy for basic information about the ADA;
- Development of question-and-answer documents by
DOJ and the Equal Employment Opportunity Commission (EEOC), with
assistance from the National Institute on Disability and Rehabilitation
Research (NIDRR);
- Creation of a comprehensive ADA handbook by DOJ
and EEOC;
- Dissemination of technical assistance materials
to small businesses through the Small Business Administration;
- Design and implementation by DOJ and EEOC of a
major contract to train people with disabilities on the provisions
of the ADA, with the contractor working under the direct supervision
of EEOC; and
- Coordination of efforts to provide information
and guidance to NIDRR's Technical Assistance Centers by the several
federal agencies with ADA technical assistance and enforcement
responsibilities.
Regulations and Standards
The agencies with responsibility to publish ADA regulations
and standards generally have been successful in meeting deadlines.
Most regulations were published on time. (See Table 1.) As of the
end of FY 1992, only the Internal Revenue Service rule on use of
Section 44 Tax Credits was still to be issued. According to an official
at the IRS, these regulations will be published during calendar
year 1993.
Most of the regulations were also published on time
in accessible formats, including braille and audio tape. The transportation
regulation was late in this regard, as were Department of Transportation
(DOT) technical assistance materials. DOT officials report that
the problem in providing alternate formats has been substantially
corrected. The DOJ and EEOC technical assistance manuals were published
on time.
Table
1 RELEASE DATES OF FEDERAL REGULATIONS
Title I -- Employment (EEOC)
Scheduled release date: 7/26/91
Actual release date: 7/26/91
Title II -- Public Services
State and local governments (DOJ)
Scheduled release date: 7/26/91
Actual release date: 7/26/91
Transportation (DOT)
Scheduled release date: 7/26/91
Actual release date: 9/6/91
Title III -- Public Accommodations
Public accommodations (DOJ)
Scheduled release date: 7/26/91
Actual release date: 7/26/91
Transportation (DOT)
Scheduled release date: 7/26/91
Actual release date: 9/6/91
Title IV -- Telecommunications
(FCC)
Scheduled release date: 7/26/91
Actual release date: 8/1/91
Title V -- Miscellaneous Provisions
Scheduled release date: NA
Actual release date: NA
Information Dissemination
Efforts by the federal government to disseminate
ADA information have been extraordinary. As one illustration, the
sheer number of documents being produced and mailed by the component
of DOJ responsible for ADA implementation, the Civil Rights Division,
has turned the agency into something resembling a large-scale mail
house; approximately two million information pieces had been distributed
as of the end of FY 1992. DOJ staff report that demand continues
to increase, particularly for materials in accessible formats.
Other ADA information dissemination efforts of note
are as follows:
- DOJ staff made more than 150 presentations to covered
entities and various groups representing and serving people with
disabilities, and have received many other requests.
- A DOJ ADA hotline, staffed by its own attorneys
and professional staff, has been inundated with calls (approximately
2,500 per week), far exceeding the anticipated demand.
- EEOC staff have responded to thousands of requests
for information. EEOC headquarters received approximately 1,000
calls per week in July 1992; by September 1992 the number was
still a substantial 600 to 700 per week.
- DOJ distributed a notice about Title III requirements
through an IRS mailing to 5.9 million businesses.
- In the second quarter of FY 1992 alone, the Office
of Communications and Legislative Affairs at EEOC received more
than 14,000 ADA-related calls and 5,000 pieces of mail requesting
ADA publications and posters.
- DOJ distributed the ADA Handbook to more than 10,000
libraries.
- EEOC field office staff made more than 500 presentations
on the ADA in FY 1991 and the first quarter of FY 1992 to nearly
40,000 people.
- The Federal Consumer Information Center is distributing
copies of the DOJ/EEOC question-and-answer pamphlet.
- DOJ prepared a display, primarily for use at conventions,
of covered entities, such as the National Association of Convenience
Stores, the National Federation of Retailers, and organizations
representing persons with disabilities.
- The DOJ's electronic bulletin board, designed primarily
for use by persons with vision impairments, has been receiving
300 to 400 calls per month; the Department is expanding and computerizing
this line in order to improve its efficiency.
Training and Technical Assistance
Federal agencies have conducted training and technical
assistance programs through use of their own staff, as well as through
numerous grants and contracts. The level of effort for agency staff
has been substantial, but the demand has far exceeded the capacity
to meet it. Examples of these activities are as follows:
- DOJ awarded 19 grants, funded at a total of $3.4
million in FY 1992. Additional funds were used to extend six of
these grants to continue certain activities, including telephone
information lines. An additional $2.5 million in grants is anticipated
in FY 1993. These grants cover a wide range of content areas and
activities. (See Appendix D for details, as well as "Covered Entities"
in this section for their impact.)
- NIDRR created 10 Regional Disability and Business
Technical Assistance Centers (RDBTACs) to provide technical assistance
on all titles of the ADA, particularly Titles I, II, and III.
(See Table 2 for data on the efforts of the centers.)
- NIDRR also funded two materials development projects
on employment through the International Association of Machinists
and Cornell University, as well as two peer training projects;
one on local capacity-building in Independent Living Centers with
the National Council on Independent Living (NCIL) and one on peer
and family training related to the ADA with the Parent Information
Center.
- EEOC and DOJ jointly funded a contract to the Disability
Rights Education and Defense Fund (DREDF) and the Independent
Living Research Utilization (ILRU) project to train 400 people
with disabilities, 100 of whom would each train 100 others and
300 of whom would each train at least 50 others.
- DOT, DOJ, and the Access Board have produced or
have in process several publications on transportation issues
under the ADA. (See Table 3 for a partial list of these documents.)
- DOT's ADA Paratransit Handbook was widely
circulated and very well received by transit providers as a guide
for development of ADA paratransit plans.
- The FCC published the Telecommunications Relay
Services Informational Handbook.
- DOT's Regional Transit Assistance Program, a $5
million program, has conducted grant programs through the Community
Transportation Association and Project ACTION to assist transit
providers with ADA implementation. (See Appendix E for a description
of Project ACTION and a list of grantees.)
- EEOC has an "Attorney of the Day" answer line that
is receiving approximately 15 calls a day, primarily from its
regional office staff, on technical issues under Title I.
- The Access Board is receiving more than 1,500 calls
a month requesting technical assistance. (See Figure 1 for specific
data on requests by month from October 1991 through May 1992.)
- The Job Accommodation Network (JAN), a technical
assistance arm of the President's Committee for Employment of
People with Disabilities (PCEPD), has seen a significant increase
in demand for its services, with the number of calls up by more
than 20 percent over the previous year. (See Figure 2.) This number
is expected to rise since the PCEPD has decided to promote JAN
much more actively.
- The PCEPD has undertaken numerous activities, including
conducting a 50-state survey to identify implementation issues
and promote compliance, developing informational materials on
the ADA, preparing a series of articles and advertisements for
use in print media, and holding conferences.
- EEOC developed a comprehensive technical assistance
manual and made it available to the public on January 26, 1992.
The manual describes the employment provisions of the ADA and
provides numerous examples. It includes an extensive directory
of technical assistance resources for employers and people with
disabilities. It has been distributed to 125,000 employers, organizations,
and individuals.
- Along with the Department of Justice, EEOC developed
a question and answer booklet. This pamphlet covers Titles I,
II, and III of the ADA, and was recently updated. The first version
was distributed to 250,000 employers. EEOC also developed booklets
on employer responsibilities (400,000 distribution) and the rights
of an individual with a disability (425,000 distribution) under
Title I of the ADA, as well as fact sheets covering the employment
requirements of the Act and tax benefits available to employers.
These materials have been widely distributed to the general public.
- EEOC revised its "Equal Employment Opportunity
Is the Law" poster, which has been distributed to 1.3 million
employers. Employers are required to post notices about the ADA
in the workplace.
- In addition to the "Attorney of the Day" service,
EEOC operated a toll-free ADA helpline to provide technical assistance
and publications to the public.
- EEOC established a Speakers Bureau of individuals
with expertise on the employment provisions of the ADA.
Several basic documents have had a wide circulation,
most notably the ADA Handbook, currently being sold through
the Government Printing Office bookstore, and EEOC's Technical
Assistance Manual. DOJ's technical assistance manuals on Titles
II and III have also been widely disseminated.
Table
2 MATERIALS DISTRIBUTED BY NIDRR
REGIONAL CENTERS*
General Information
Document: Public Law
Number sent: 222
Document: Facts About ADA
Number sent: 1118
Document: Title II Highlights
Number sent: 372
Document: Title III Highlights
Number sent: 541
Document: ADA Q&A
Number sent: 1642
Document: ADA-Your Responsibilities as an
Employer
Number sent: 4077
Document: ADA-Your Employment Rights as an
Individual with a Disability
Number sent: 2805
ADA Basics
Document: EEOC List of Publications
Number sent: 852
Document: DOJ List of Publications
Number sent: 852
Document: ADA Statutory Deadlines
Number sent: 956
Document: ADA Requirements Fact Sheet
Number sent: 1031
Document: ADA Public Accommodations Fact
Sheet
Number sent: 924
Document: Disability-Related Tax Provisions
Number sent: 731
Regulations
Document: Federal Register Part III
Number sent: 851
Document: Federal Register Part IV
Number sent: 243
Document: Federal Register Part V
Number sent: 437
Technical Assistance Manuals
Document: Title I T/A Manual
Number sent: 1978
Document: Title II T/A Manual
Number sent: 1033
Document: Title III T/A Manual
Number sent: 1102
Resource Tools
Document: Checklists for Existing Facilities
Number sent: 826
Document: ADA Handbook
Number sent: 838
Other Publications and Documents
TOTAL Other Publications and Documents -- 16,625
Total Documents Distributed -- 40,056
*August 1992 data
[Figure
1 not available]
Table
3 SOME ADA PUBLICATIONS
PREPARED BY FEDERAL AGENCIES
Department of Justice
- The Americans with Disabilities Act (pamphlet)
- Title II Highlights
- Title III Highlights
- The Title II Technical Assistance Manual and
Update
- The Title III Technical Assistance Manual and
Update
- Three single-page fact sheets
Equal Employment Opportunity Commission
- The Americans with Disabilities Act--Questions
and Answers (jointly with DOJ)
- The Americans with Disabilities Act Handbook
(jointly with DOJ)
- The Americans with Disabilities Act: Your Employment
Rights as an Individual with a Disability
- The Americans with Disabilities Act: Your Responsibilities
as an Employer
- Title I Technical Assistance Manual
Department of Transportation
- Accessibility Handbook for Transit Facilities
- Guidelines for Improvement to Transit Accessibility
for Persons with Disabilities
- Guideline Specifications for Passive Lifts,
Active Lifts, Wheelchair Ramps & Securement Devices
- Impact of the ADA on the U.S. Waterborne Passenger
Transportation Industry (expected, July 1993)
- Suggestions for Implementing a Standee-On-Lift
Program for Fixed-Route Bus Service (expected, April 1993)
Federal Communications Commission
- Telecommunications Relay Services: An Informational
Handbook
Architectural & Transportation
Barriers Compliance Board
- Buses, Vans & Systems
- Rapid Rail Vehicles & Systems
- Light Rail Vehicles & Systems
- Commuter Rail Cars & Systems
- Intercity Rail Cars & Systems
- Over-the-Road Buses & Systems
- Automated Guideway Transit Vehicles & Systems
- High-Speed Rail Cars, Monorails & Systems
- Trams, Similar Vehicles & Systems
- Americans with Disabilities Act Accessibility
Guidelines Checklist
- Periodic technical assistance bulletins
[Figure
2 not available]
People
with Disabilities Finding 2: The disability
community has generally, in these early days of the ADA, taken an
ADA implementation strategy of "educate and negotiate, and litigate
as a last resort."
The approach to ADA implementation taken by the disability
community in the first year has, in general, been very positive
and constructive: they have followed the advice of former Assistant
Attorney General John Dunne to "educate and negotiate, and litigate
as a last resort." The relatively low number of court cases and
complaints to federal agencies reflect this fact. Many covered entities
feared that advocacy groups would initiate a flurry of litigation
immediately after each set of ADA provisions became effective. Overall,
the disability rights organizations have exercised restraint, allowing
time for the necessary work of informing and educating people on
the ADA's requirements.
Organizational Activities
In their educational role, organizations representing
and serving people with disabilities have produced numerous informational
booklets and other materials explaining the rights and responsibilities
of people with disabilities under the ADA. Some have initiated contacts
with covered entities in communities to try to advise these organizations
of their ADA obligations and to help them understand how compliance
can be achieved. Illustrative of some of the more constructive efforts
are the following:
- United Cerebral Palsy Associations, Inc., conducted
a public accommodations survey through 11 of their affiliates,
resulting in positive and productive conversations with business
owners and changes to improve accessibility. A similar effort
for the employment provisions has been developed.
- Paralyzed Veterans of America published six booklets
on ADA issues that have been widely circulated among its members
and others.
- A Center for Independent Living in northern Ohio,
the Ability Center of Greater Toledo, has demonstrated exemplary
local activity relating to the ADA. This organization has worked
directly with 60 organizations in nine months to assist them with
ADA implementation.
- The National Easter Seal Society developed printed
informational materials, as well as posters and a video.
- The Mental Health Law Project is producing a series
of booklets on the various ADA content areas.
- The Arc (formerly the Association for Retarded
Citizens), under a DOJ grant, published materials on issues related
to the ADA for people with mental retardation.
Many more examples could be cited, involving organizations
on the national, state, and local levels. It should be noted that
a number of the initiatives of disability organizations, as well
as those of several covered entity associations, were funded through
federal grants. The impact of some of these grant projects appears
to have gone beyond the activities for which the grant was given,
in that the grantees have effectively leveraged their funds to further
benefit their constituencies. (See Appendices D, E, and F for lists
of grant recipients.)
Almost without exception, where problems of accessibility
have arisen, people with disabilities have attempted to reach a
resolution through informal discussion or, in some cases, through
a more formal alternative dispute resolution strategy. However,
some people have found in certain instances that these approaches
have not resulted in necessary accommodation and have taken action
through the courts or filed a complaint with the federal agency
having enforcement responsibility for the relevant title of the
ADA. (Section III provides additional information on legal actions
under the ADA.)
Role in Implementation
It was expected that the knowledge and experience
of people with disabilities in making accommodations would create
a demand for their expertise among covered entities. To some extent,
this has been the case. A number of partnerships and cooperative
efforts between the disability community and covered entities have
been developed, with great benefit to all concerned. (These are
discussed further in Section IV of this report.)
However, too often disability groups have not been
consulted to assist with accommodations. Centers for Independent
Living and other community-based organizations have had some success
in locations where they have had an opportunity over time to build
strong positive relationships with local businesses. However, due
to fears of being accused of having aspects of their operations
out of compliance, some businesses have seen disability groups as
"foxes in the chicken coop."
This problem was confirmed by a survey of 91 companies
and 25 advocacy groups in the mid-Atlantic region by the Philadelphia
law firm of Blank, Rome, Comisky, and McCauley, and the Lyndhurst,
New Jersey, firm of Alexander and Alexander Consulting Group, Inc.
Only 12 percent of businesses surveyed had "actively sought
assistance from advocates." Almost three-quarters (74 percent) believed
that advocates would actively assist with enforcement of ADA compliance,
and nearly half (45 percent) believed that advocacy groups
would use "testers" to identify noncompliance.
With these suspicions, it is not surprising
that businesses would seek the assistance of even high-priced attorneys
and consultants before that of disability groups and individuals
with disabilities. It will be important for disability groups to
address this issue of perception if they hope to serve a key role
in assisting covered entities with ADA implementation.
Covered
Entities Finding 3: Many organizations
serving covered entities, such as trade associations, have initiated
significant efforts to assist their members with ADA implementation.
The overwhelming evidence is that covered entities
that know about ADA are trying to comply, even if they have questions
or concerns. For example, the Association for Computing Machinery
conducted a member survey regarding their ability to provide accommodations
under the ADA. More than half (58 percent) of respondents said
they would have "no difficulty" accommodating employees with disabilities.
In a similar survey of 79 companies for the Wall Street Journal,
61 percent of respondents said that it would be "easy to comply"
with the ADA.
Studies suggest that covered entities are actively
working to implement the ADA. For example, one survey of 385 companies
conducted by Buck Consultants shortly before the employment provisions
took effect found that 74 percent had designated a person or group
within their organization to ensure compliance with the ADA. Sixty-one
percent had modified their employment applications because of the
ADA, and 68 percent had begun or planned to conduct training sessions
or disseminate information to their employees regarding the ADA.
Finding 4: The projections that ADA implementation
would not be unduly burdensome to businesses appear to have
been well founded.
In the Blank, Rome, Comisky, and McCauley survey
of 91 companies discussed above, over three-quarters (77 percent)
said that the estimated cost of ADA implementation for 1992 would
be less than 1 percent of revenues. In the same survey, nearly
half (48 percent) said the ADA would actually be beneficial to their
companies, while just over a third (37 percent) said it would not;
the rest were uncertain. Additional data will need to be collected
over time to determine more precisely what the impact of ADA implementation
efforts has been in terms of covered entities' financial and other
resources. A research agenda to determine costs and other aspects
of the ADA's impact is discussed in some detail in Section VII of
this report.
Association Activities
As with the disability community, many organizations
representing and serving covered entities have published articles,
conducted training, and developed videotapes and other technical
assistance materials to inform their members about the ADA. Federal
grants have served as a catalyst for a number of these organizations,
which have then built on the grant to expand into larger efforts
with their members. Examples include the following:
- The American Hospital Association (AHA) developed
a video teleconference on the ADA for hospitals, as well as a
two-day seminar it described as "the most important two-day seminar
of the decade." This seminar was conducted in six cities.
- The National Restaurant Association (NRA), under
a DOJ grant, developed several publications to assist its members,
including a special edition of Washington Weekly devoted
to the ADA, articles in its magazine Restaurants USA, and
a "Primer on the Americans with Disabilities Act" for NRA members.
In addition, the NRA distributed 70,000 copies of an ADA handbook
for restaurants.
- A DOJ grant to the Building Owners and Managers
Association (BOMA) to conduct 15 seminars was so successful that,
as of June 1992, BOMA had actually conducted 72 seminars around
the country.
- The American Hotel and Motel Association, under
a DOJ grant, developed a comprehensive ADA manual and conducted
seminars in all 50 states.
The demand for information among covered entities
has been extremely high, creating both a challenge and an opportunity
for business associations. The challenge is to meet the demand effectively,
with timely, appropriate, and useful materials. The opportunity
has been to increase membership, improve quality of service to members,
and generate revenues from sales of materials.
Experiences with Implementation
Witnesses at ADA Watch hearings from organizations
representing covered entities portrayed a very favorable picture
of the efforts of business, state and local governments, and other
covered entities to implement the ADA. However, there was also an
expressed need for more specific technical assistance that would
increase their confidence that they were actually in compliance.
Testimony highlights included the following:
- The Society for Human Resource Management reported
that the ADA was the number one topic on their member information
line in the first six months of 1992. Members were working
actively to comply with the ADA but had specific questions, such
as what job description formats EEOC would accept. (These needs
and others cited below are discussed further in Section V of this
report.)
- The American Institute of Architects and the Building
Owners and Managers Association reported similarly high interest
levels. They expressed particular interest in technical assistance
materials that address specific questions and help entities know
what actions DOJ would consider sufficient for an organization
to be in full compliance.
- Several witnesses reported trying to address the
problem of misinformation and disinformation being distributed
by unscrupulous or ill-informed individuals (e.g., some lawyers
and consultants), and indicated that helping covered entities
identify inaccurate information was very important.
- The American Public Transit Association has provided
materials and seminars on the ADA for its members. It indicated
that members are attempting to comply in good faith, particularly
with help from local advisory committees, but they face significant
cost constraints in complying with the ADA and other federal requirements.
- The installation and operation of telecommunications
relay systems appears to be ahead of schedule; 42 states already
have a statewide relay service in operation, and all other states,
Puerto Rico, and the District of Columbia are planning such services.
- State governments are working very diligently to
meet all their responsibilities, but some find that they carry
a great measure of the burden for information dissemination within
the state without the resources to do so effectively.
- County governments are likewise working very diligently
to implement the ADA, but the National Association of Counties
indicated that county governments could be used more effectively
as agents of implementation at the local level in filling some
of the information gaps.
- City governments reported being financially strapped
and looking for some relief from the ADA. However, it was noted
that much of what the ADA requires of cities was also required
under the Rehabilitation Act and that many cities struggling with
ADA now are those that failed to comply with the Rehabilitation
Act in past years.
These reports of significant progress must be viewed
cautiously because they only represent those organizations with
an awareness of the ADA. As will be discussed more fully in Section
IV of this report, the actual status of ADA implementation has been
greatly hindered by lack of information and technical assistance
among covered entities and people with disabilities. Much remains
to be done before covered entities can be said to be in compliance.
One area of the ADA in which information dissemination
and technical assistance can be fairly readily accomplished is public
transportation. Because the universe of public transportation providers
is finite and known, and because these providers are accustomed
to working with the federal government (and, not incidentally, know
that funding depends on performance), efforts to implement the ADA's
transportation provisions have moved ahead fairly well.
For example, virtually all public transit providers
submitted their paratransit plans on time; of those that had been
reviewed by September 30, 1992, nearly 90 percent of the plans had
been approved. Similarly, only one provider (of the 45 that submitted
plans) did not meet the requirements for key station plans, although
it should be noted that, of the 716 key stations initially identified,
nearly half (325) requested time extensions for completion.
One particular success story related to implementation
of the ADA's transportation provisions concerns the development
of the Oregon State Securement Device. This device has apparently
resolved many questions about wheelchair lifts and consequently
has enabled the DOT to focus more of its efforts on solutions to
transportation accessibility for people with hearing and vision
impairments.
Nonprofit
Organizations Finding 5: The ADA has opened
up new opportunities for disability-related activities in the nonprofit
community.
The role of "philanthropic" nonprofit organizations
in the lives of people with disabilities has, historically, been
in the care and treatment of disabling conditions and in the provision
of social services. One significant and perhaps long-term impact
of the ADA has been to provide a vision for expanding the work of
these groups into the promotion of opportunities for people with
disabilities to live more independently.
The Dole Foundation for Employment of People with
Disabilities, together with the J.M. Foundation and the Milbank
Memorial Fund, spearheaded an initiative to engage more than 20
foundations and corporate giving programs in a unified effort called
the Funding Partnership for People with Disabilities. The Partnership
received more than 600 grant proposals and funded 35 projects at
a total cost of more than $1 million. (See Appendix G for a list
of these projects.) The Partnership hopes to increase substantially
the funding for 1993 and to include advancement of the ADA's goals
as a major priority for funding.
The selection criteria for grantees under the Partnership
emphasized the potential for "community-wide impact on productive
employment, self-sufficiency, and/or other opportunities for people
with disabilities." Each proposing entity was required to include
at least two organizations, institutions, or groups, and to involve
the disability community. Coalitions received priority if they had
a matching funds commitment, the capacity to raise additional funds,
or a commitment of substantial in-kind resources.
The programs funded were those demonstrating new
methods for service delivery: training, technical assistance, and
education efforts, particularly on the ADA; and research and dissemination
projects to evaluate and promote successful activities under the
ADA.
Entrepreneurs
Finding 6: Entrepreneurial activities stimulated
by the ADA have had very mixed results; some have been helpful,
others highly counterproductive.
The ADA has been derisively referred to by some of
its opponents as the "Lawyer's Relief Act." While some attorneys
have benefited financially from the ADA, other professionals have
also seen the ADA as a business opportunity. For example, consultants
and architects have conducted training seminars, developed materials,
performed compliance audits, and advised organizations on ADA implementation
issues. Companies have produced videos, published newsletters, and
written "how-to" manuals on the ADA as a for-profit venture.
Through these activities, much has been accomplished
in training and advising covered entities regarding their obligations
under the ADA. However, some of these efforts have not contributed
to an accurate understanding of the ADA's requirements, and some
have had a strongly adverse effect on the implementation of the
ADA.
Products and Services
By encouraging entrepreneurial efforts, the ADA has
created something of its own industry. The most substantial elements
of this industry are training seminars and workshops conducted by
a variety of entities and accessibility surveys conducted by management
and architectural consulting firms. The consumers of these services
have included businesses of all sizes, as well as state and local
government entities and nonprofit organizations.
ADA products include a wide range of items, including
the following:
- Computer software--Several companies have developed
software for writing job descriptions. Advertisements for some
of these programs include language "guaranteeing" their ability
to revise an organization's job descriptions so that they comply
with the ADA.
- Compliance manuals--Manuals have been produced
by organizations ranging from reputable firms with a history of
publication in disability law issues to a cluster of other firms
that have attempted to seize the opportunity provided by the ADA.
Many in the latter group have simply recycled federal publications
for a profit.
- Videos--The size of the market for ADA videos is
not known, but some companies have attempted to tap into it by
developing videos ranging in price from under $50 to over $500.
(A list of some of the many ADA videos on the market is included
as Appendix H.)
- Auxiliary aids--While a number of companies have
sold auxiliary aids and assistive technology devices for a long
time, others are seeking to break into this market as a result
of the ADA. One example of an ADA-specific product is an auxiliary
aid for use by public accommodations to communicate with persons
with hearing impairments, produced and marketed by a Connecticut
firm. This hand-held device, resembling a portable telephone,
sells for $59.95, and the company hopes to reach thousands of
places of public accommodation.
- Resource directories--One potentially promising
ADA-related product is the directory that provides a list of vendors
of products and services related to the accommodation of people
with disabilities. A Maryland firm named RehabTech, for example,
is developing an ADA sourcebook containing names, addresses, telephone
numbers, and descriptions of organizations that help others comply
with the ADA. The value of this effort is underscored by the results
of a survey conducted by the Gallup Organization for the Electronic
Industries Foundation demonstrating that most business people
are unaware of organizations that provide products and services
for people with disabilities.
Impact on Implementation
A general concern has been raised that many of the
entrepreneurial efforts have promoted false or misleading views
of the ADA and what it requires. In some cases, it appears that
seriously misleading and perhaps even fraudulent activities may
have been conducted. For example, one firm has reportedly been selling
photocopies of the ADA regulations for several hundred dollars,
with a marketing brochure that tells companies that the choice they
face is either to purchase these materials or risk legal action
and fines of $50,000 to $100,000.
Too often, the marketing of ADA products and services
has taken the approach of that firm. Other examples include the
following:
- A brochure for a compliance manual stated, "Don't
let an oversight land you in court!"
- One firm's materials contained a photograph of
several sticks of dynamite and the caption, "How to stay clear
of the coming explosion of ADA litigation."
- Yet another document showed a photograph of an
office with the caption, "Is your facility a lawsuit waiting to
happen?" The photograph supposedly contained ten ADA violations
that the reader was to try to spot to avoid being at risk for
a lawsuit.
Two concerns have been raised about the seminars,
workshops, and consultations being conducted by some individuals
and firms:
- Some believe that the intent of the seminar leaders
is to create fear in the attendees and thereby a sense of need
for expert (and often expensive) services. The effect is that
many covered entities harbor misplaced and inappropriate fears
about what the ADA requires and react by simply ignoring the ADA
altogether.
- A second and related concern is that companies
are being persuaded to spend extraordinary amounts of money for
fees and accommodations that are not necessary. These expenses
have a negative effect on the businesses, create ill will regarding
the ADA and people with disabilities, and could conceivably increase
unnecessarily the amount of money claimed under ADA's tax credit
provisions.
Two Department of Justice grantees--the Council of
Better Business Bureaus Foundation and the Building Owners and Managers
Association--have taken a particularly active interest in addressing
these problems.
III.
FORMAL AND INFORMAL COMPLAINTS: EVIDENCE OF CONTINUED NEED FOR THE
ADA The need for comprehensive civil rights
legislation to protect the rights of people with disabilities has
become even clearer as implementation of the ADA has progressed.
Reports of discrimination abound in formal actions through the courts
and federal agencies, in statistical survey data, and in anecdotal
evidence. The number of legal actions has remained relatively low
because of the restraint of people with disabilities and organizations
that represent and serve them, as well as the willingness of many
covered entities to try to resolve problems when confronted with
them. This section discusses some of the reports of discrimination
and efforts to address them.
Formal Complaints/Lawsuits
Finding 7: Complaints filed under the ADA thus
far indicate that certain key areas need greater attention, including,
for example, accommodating current employees with disabilities under
Title I.
As of September 1992, DOJ had received approximately
450 complaints each under Titles II and III. Tables 4 and 5 provide
an analysis of the nature of these complaints. It is worth noting
that two individuals had filed about 90 of the first 250 complaints
under Title III; when those are removed from the total, the level
of complaints filed seems quite low. The vast majority of Title
II complaints concern government employment and accessibility of
government facilities and services. The largest number of Title
III complaints concern accessibility of service establishments,
sales or rental establishments, places of education, places of lodging,
establishments serving food or drink, and places of exhibition or
entertainment.
As of September 15, 1992, EEOC had received approximately
450 complaints under the employment provisions of Title I. However,
it is important to recognize that this number applied to a much
shorter period of time because the employment provisions took effect
later than the public accommodation provisions (July 26 versus January
26). As of January 1993, after the first year of ADA Watch, EEOC
had received approximately 4,299 charges of discrimination. The
following is the distribution of EEOC complaints by category of
discrimination:
Discharge -- 46.7 percent
Benefits -- 3.6 percent
Other issues -- 23.1 percent
Accommodation -- 20.7 percent
Hiring -- 15.1 percent
Harassment -- 9.2 percent
Discipline -- 6.4 percent
Rehire -- 4.6 percent
Layoff -- 4.2 percent
Wages -- 2.7 percent
Promotion -- 3.2 percent
Suspension -- 2.2 percent
The following two issues are particularly noteworthy
with regard to the EEOC complaint data:
- Over 40 percent of complaints relate to discharge
from employment. This almost certainly reflects the current economic
and employment environment and may change if unemployment figures
drop.
- Employers have generally focused most of their
ADA compliance efforts on the hiring process (applications, interviews,
etc.) rather than their relationships with current employees with
disabilities.
These data will be important to monitor over time
to ensure that appropriate technical assistance materials are developed
and disseminated.
DOJ staff have indicated that, while they are prepared
for forceful litigation when necessary, the Department will try
to settle complaints first through other means, including alternative
dispute resolution (as called for in the ADA). DOJ reported the
following as examples of successful resolution of complaints:
- An art institute provided an interpreter for a
deaf student taking a postsecondary summer course. The institute
hired contract interpreters for the 40-hour course and plans to
hire a permanent staff person whose duties would include interpreting
for future courses.
- A private school made changes (including modifications
to restrooms and installation of a ramp) to the buildings in which
its high school graduation ceremony and reception were held. These
actions followed a complaint by a person who uses a wheelchair
and wanted to attend a relative's graduation from the school.
- A supermarket agreed to modify its parking lot
to allow greater access for persons with disabilities. The changes
included increasing the number of spaces designated as accessible
and increasing the size of several spaces to allow for van-accessible
parking.
- A national professional certification program made
modifications in its testing requirements to allow a person with
vision and mobility impairments to take the examination.
- A television station agreed to provide sign language
interpreters for all of the programs it produced about the 1992
elections. The station will also provide interpreters for other
programs if requests are made in advance. In addition, the television
station is exploring the possibility of close-captioning its own
local productions.
- A state bar association agreed to accommodate an
individual with a learning disability by providing him with more
time in which to complete the bar examination based on an individualized
assessment of his needs.
- A city consented to provide notices of meetings
and agendas in formats that are readable by individuals with vision
impairments.
The DOJ Title II complaint data must be viewed somewhat
cautiously because of the large number of complaints filed by certain
individuals. For example, it appears that 75 (or nearly 30 percent)
of the 256 complaints referred to other federal agencies concern
access to education, suggesting that schools were a primary source
of discrimination; however, one person filed 60 of those charges
against private schools in Vermont and Massachusetts. It will take
some time before clear patterns of alleged discrimination appear
in the complaint data.
Table
4 TITLE II COMPLAINTS CONCERNING
STATE AND LOCAL GOVERNMENT ENTITIES FILED WITH THE DEPARTMENT OF
JUSTICE (DOJ)*
- As of September 10, 1992 -
Total complaints received -- 528
Retained by DOJ:
Employment (prisons, law enforcement, government
service) -- 63
Inaccessible facilities or programs:
prisons -- 31
courthouses -- 20
other public facilities -- 32
Lack of auxiliary aids (hearing devices, interpreters,
alternate formats, TDD's) -- 48
Governmental laws & policies prevent access -- 21
Lack of access to voting rights -- 7
Lack of access to various services (in prisons, from governments)
-- 4
Miscellaneous (insurance, exams, retaliation, government new construction,
zoning) -- 46
Total retained by DOJ -- 272
Referred to other agencies:
Department of Transportation -- 82
Department of Education -- 75
Department of Health and Human Services -- 52
Department of the Interior -- 24
Department of Housing and Urban Development -- 11
Environmental Protection Agency -- 1
Department of Agriculture -- 2
Department of Labor -- 6
Equal Employment Opportunity Commission -- 1
United States Postal Service -- 2
Total referred to other agencies -- 256
* The ADA Title II regulations specify that complaints
against state and local government entities should be referred to
the federal agency whose responsibilities lie in that functional
area.
The EEOC has filed the
first lawsuit for the federal government under the ADA on behalf
of Charles Wessel. AIC Security Investigations Ltd. is being sued
for allegedly illegally dismissing Wessel, who was their executive
director, when they learned he had cancer. Mr. Wessel developed
lung cancer in June 1987, but it was only in April 1992, after being
diagnosed as having brain cancer (and told that he probably had
six months to a year to live), that he was asked to retire. The
company contends that "with all the medication he had, he was not
functioning" and issued a statement saying it had not violated the
law. The EEOC is alleging "that he was fired because of his disability,
although he was able to do the job and in fact was doing the job."
Table
5 TITLE III COMPLAINTS FILED WITH
THE DEPARTMENT OF JUSTICE
- As of September 10, 1992 -
Report of all complaints by state
Alabama -- 5
Arizona -- 12
Arkansas -- 1
California -- 28
Colorado -- 55
Connecticut -- 1
District of Columbia -- 3
Florida -- 18
Georgia -- 4
Hawaii -- 3
Idaho -- 6
Illinois -- 11
Indiana -- 3
Kansas -- 1
Kentucky -- 2
Louisianna -- 3
Maine -- 1
Maryland -- 10
Massachusetts -- 28
Michigan -- 41
Minnesota -- 1
Mississippi -- 3
Missouri -- 6
Montana -- 1
Nebraska -- 7
Nevada -- 9
New Hampshire -- 2
New Jersery -- 5
New Mexico -- 2
New York -- 25
North Carolina -- 3
Ohio -- 10
Oklahoma -- 4
Oregon -- 5
Pennsylvania -- 15
Rhode Island -- 1
South Carolina -- 6
South Dakota -- 2
Tennessee -- 1
Texas -- 18
Utah -- 5
Vermont -- 46
Virginia -- 10
Washington -- 10
Wisconsin -- 3
Wyoming -- 5
Total -- 441
Report of all complaints by violation
code
(1) Policies -- 89
(2) Auxiliary aids -- 47
(3) Existing facilities -- 277
(4) New construction -- 1
(5) Alteration -- 1
(6) Transportation -- 0
(7) Retaliation -- 6
(X) Code unlisted -- 71
Total -- 492*
* The total exceeds the complaint total (441) by 51
because 2 codes are listed 45 times and 3 codes are listed 3 times.
Report of all complaints by public
accommodation code
(A) Places of lodging -- 43
(B) Establishments serving food or drink --38
(C) Places of exhibition or entertainment -- 30
(D) Places of public gathering -- 2
(E) Sales or rental establishments -- 57
(F) Service establishments -- 99
(G) Stations used for specified public transportation -- 0
(H) Places of public display or collection -- 1
(I) Places of recreation -- 10
(J) Places of education -- 54
(K) Social service center establishments -- 8
(L) Places of exercise or recreation -- 12
(304) Transportation -- 9
(CF) Commercial facilities -- 0
(T/C) Testing/Courses -- 7
(L/T) Leased from public accommodation -- 6
(X) Code unlisted -- 82
Total -- 458**
**The total exceeds the complaints total (441) by
17 because 2 codes were listed 11 times and 3 codes were listed
3 times.
Other ADA-related court
cases include the following:
- John Hockenberry, a popular reporter who uses a
wheelchair, sued the Virginia Theater for failure to provide access.
After purchasing a ticket to a show, he could not attend the performance
because of a flight of seven steps. Ushers reportedly refused
to help him use the steps.
- Disabled in Action, Inc., sued a Philadelphia restaurant
for not removing a small step that prevents access into the restaurant
for wheelchair users.
- A law graduate ("John Doe") sued the Connecticut
Bar Examining committee in order to take the July 1992 bar examination.
He refused to answer questions about mental illness and emotional
disorders on the application. A motion for a preliminary injunction
was filed. The committee insisted that the only way they would
allow John Doe to take the exam was with an official status of
Connecticut bar exam reject. (Note: the District of Columbia Court
of Appeals modified similar questions after a representative of
the Mental Health Law Project advised them that the questions
were illegal under the ADA.)
- A man from Arizona sued Little League Baseball
(LLB) for denying him the right to coach third base. LLB contended
that his wheelchair would pose a risk to players if he coached
from third base. It ordered him to coach only from the dugout.
This was based on a 1991 rule banning coaches in wheelchairs from
coaches' boxes, regardless of field or game conditions or the
nature of the coach's disability. The federal court granted plaintiff's
motion for a temporary restraining order.
These cases indicate some of the kinds of issues likely
to surface in litigation under the ADA.
Accounts of Discrimination
Finding 8: Early efforts by covered entities
to implement the ADA's employment provisions have helped to remove
formal barriers to employment of people with disabilities, but many
barriers still exist.
The evidence that discrimination exists has been
shown in several surveys. For example, the Louis Harris poll of
1986 found that unemployment among people with disabilities was
a staggering 67 percent. While there may be other factors involved,
certainly discrimination must be considered a major cause of such
unemployment. It will be important to track how levels of discrimination
change over time as the ADA is implemented. However, at this early
stage of implementation, it is clear that many people with disabilities
believe, based on their own experiences, that substantial discrimination
continues to exist.
In a recent survey of its readers conducted by the
magazine CAREERS & the disABLED, fully 87 percent of
respondents (half of whom were employed at the time of the survey)
indicated that they think companies discriminate against people
with disabilities in hiring. Nearly three-quarters of respondents
(72 percent) also believed that discrimination was greater against
people with disabilities than other minority groups or women. Despite
this perception, nearly two-thirds (65 percent) believe that the
ADA will enhance their chances for employment. Results of this survey
are included in Table 6.
ADA Watch has identified many examples of actual
or alleged discrimination through public hearing testimony, media
tracking, letters and calls received, and personal interviews. The
following are a small sample:
- An attorney who has multiple sclerosis reported
being rejected 400 times before obtaining a job with a law firm.
- A word processor with spina bifida was asked in
a job interview how she went to the bathroom.
- A postal worker was placed on leave without pay
when he told his supervisor he had AIDS.
- A recent newspaper article reported the story of
an eight-year-old girl with spina bifida who was kept from skating
with her friends at a public skating rink "because she might get
hurt or one of the other children might be injured by her walker."
The girl's mother, an active member of the Spina Bifida Association
who had lobbied for passage of the ADA, informed the rink representative
that he was in violation of Title III of the Act. The rink's management
claims they "did not deny the little girl the right to skate...all
we requested was that she have adult supervision or go to a less
congested area." The mother is considering action against the
skating center.
- The Director of the Governor's Committee on Employment
of People with Disabilities in an eastern state, who uses a wheelchair,
was invited to speak at a conference on the ADA, but the speaker's
platform did not have a ramp.
Table
6 CAREERS & the disABLED
1992 Reader Survey
CAREERS & the disABLED: The Career Magazine
for People with Disabilities conducted a survey of 500 readers,
drawn randomly from its readership of 35,000. Results are projected
to be accurate within plus or minus two percentage points.
Key findings:
Average age: 37 years
Gender: 57.2% male, 42.8% female
Employment status: 51.1% employed (unemployed includes
college students)
If hired by a company or government agency, would
you relocate?
Yes -- 62.7%
No -- 34.0%
Maybe -- 3.3%
Do you think companies discriminate against people
with disabilities in hiring?
Yes -- 87.4%
No -- 12.6%
If yes, is it more so than for members of other
minority groups or women?
Yes -- 72.4%
No -- 27.6%
Do you think that the Americans with Disabilities
Act will enhance your chances for employment?
Yes -- 64.9%
No -- 27.6%
Maybe -- 7.5%
- A former Fireman of the Year in a major city was
dismissed from his job when he became blind, with no attempt by
the fire department to accommodate his disability. After taking
legal action, he was rehired with back pay.
- A recent survey found that 48 percent of private
physicians refuse to treat patients who are HIV-positive.
- A 12-year-old girl sued the Girl Scouts when she
was turned away from a summer camp because the facility was not
accessible.
- In New York, two new or newly renovated inaccessible
public places opened in the summer of 1992: a restaurant that
has steps and no ramp into the dining area from a street-level
bar and a large theater that has no assistive listening system.
These examples illustrate that discrimination against
people with disabilities is still common throughout American society.
The ADA continues to be needed and will probably always be needed
to counter the strong tendency toward discrimination against people
with disabilities.
IV.
EXEMPLARY EFFORTS TO COMPLY WITH THE ADA
It is still very early in the implementation of the ADA to adequately
assess efforts to comply. Many organizations have just begun to
take steps toward full implementation; others have yet to see whether
the steps they have taken thus far will prove effective in removing
barriers for people with disabilities. With this caveat, the following
discussion is designed to identify a few approaches that hold promise
and to try to indicate some general patterns in those organizations
that have most effectively moved forward in complying with the ADA.
Partnerships
Finding 9: Some of the most productive ADA
implementation activities have involved cooperative efforts between
and among government agencies, businesses and business organizations,
and the disability community.
Partnerships for ADA implementation have taken many
forms. The federal government and the Funding Partnership for People
with Disabilities have helped to stimulate some of these efforts
by incorporating the goal of cooperation into their grant programs.
The Partnership noted the following in its progress report:
. . . we encouraged cooperation among our applicants
by making coordination with other organizations from different sectors
an application requirement: the request for proposals specified
that organizations from different sectors of the economy--businesses,
non-profits, government agencies, consumer groups, educational organizations,
and others--form cross-sector coalitions to develop programs supporting
the economic and social advancement of people with disabilities.
The following are examples of federal efforts funded
by DOJ that have effectively linked organizations for projects.
- The American Foundation for the Blind, Gallaudet
University, and the National Center for Law and the Deaf joined
to develop materials and advise organizations regarding communication
disabilities caused by hearing and vision loss.
- The Council of Better Business Bureaus Foundation,
the Disability Rights Education and Defense Fund, and Barrier
Free Environments are collaborating to provide assistance to small
and medium-sized businesses.
- The National Conference of States on Building Codes
and Standards and Paralyzed Veterans of America are working together
to promote the certification of state codes for equivalency with
the ADA accessibility guidelines.
- The National Restaurant Association and the National
Center for Access Unlimited (itself a joint venture of United
Cerebral Palsy Associations and Adaptive Environments Center)
are producing materials to assist the food service industry with
ADA compliance.
The value of partnerships in effective implementation
of the ADA can also be demonstrated by efforts such as the collaboration
between the California Department of Rehabilitation (the state agency
charged with ADA implementation in California) and the California
Chamber of Commerce. The two organizations have worked together
both formally and informally to develop materials for businesses
in the state and to conduct training seminars statewide.
A somewhat different example of cooperation involves
a group of businesses in the San Francisco Bay area that began to
meet as a small group informally over lunch to discuss ADA implementation.
This collaborative approach allowed each company to avoid "reinventing
the wheel" and to find the best solutions and share them. It also
created an opportunity for the firms to "benchmark" compliance against
each other. The net effect of this effort is that all the organizations
involved--now more than 30 companies--benefit from some of the best
thinking on ADA implementation available in the region.
Such cooperative efforts have created the
accurate perception that ADA implementation need not be an adversarial
activity but can be accomplished through partnerships and direct
communication among those having a stake in compliance.
Exemplary
Programs/Actions At this stage of ADA
implementation, most of the well-publicized exemplary efforts in
employing and serving people with disabilities involve organizations
that have been actively involved in this area for a long time.
When ADA Watch staff conducted interviews with professionals
in the field, most expressed difficulty in identifying leading firms
that had not already been exemplary long before there was an ADA.
One staff person at a Project With Industry site said that she believed
that the ADA's greatest effect at this stage, particularly in the
employment area, was to encourage companies to remove administrative
barriers and to train employees; the acid test was whether they
actually began to hire people with disabilities.
According to many reports, the key factor that characterizes
an exemplary effort under the ADA is leadership. One witness at
a National Council on Disability hearing spoke about the challenges
faced by small businesses in hiring people with disabilities. He
then expressed his conviction, based on extensive work with small
businesses, that the only way a small business, or any business,
would become strongly proactive in complying with the ADA was if
a "champion" in senior management set the pace for the firm.
Among the employers that have developed exemplary
approaches are the winners of annual awards given by the President's
Committee on Employment of People with Disabilities (PCEPD). The
following are the employers most recently selected for those honors.
PCEPD Annual Awards--1992
Large employer, private: Ross Stores, Inc., Ross
Dress for Less, Newark, CA
Large employer, public: Headquarters, Army &
Air Force Exchange Service, Dallas, TX
Medium employer, private: Western Administrative
Support Center, Seattle, WA
Small employer, private: Carolina Fine Snacks of
Greensboro, Greensboro, NC; River Valley Laundry, Russellville,
AR
Labor Award American Federation of State, County
and Municipal Employees, AFL/CIO, Washington, DC
The following are the top ten employers cited in
a survey by CAREERS & the disABLED and the percentages
of respondents who selected them.
IBM -- 15.6 percent
Federal government -- 10.0 percent
AT&T -- 6.4 percent
McDonald's -- 5.1 percent
State government -- 3.8 percent
Marriott -- 3.3 percent
General Electric -- 2.6 percent
Du Pont -- 2.3 percent
Boeing -- 2.0 percent
Hewlett-Packard -- 1.5 percent
Sears -- 1.5 percent
The clear pattern from these data is that large employers
appear to be doing the best job; however, this may not portray the
full picture in that the nature of the survey tends to favor larger
firms. It would be useful to identify the characteristics of small
to medium-sized firms, as well as larger ones, that receive high
ratings from their employees with disabilities to create a set of
guiding principles for effective employment of people with disabilities.
Actions taken by some of the larger firms, such as Hewlett-Packard's
Barrier Awareness Day, could be replicated at little cost by smaller
firms.
Other promising efforts include the following.
- America West Arena, home of the Phoenix Suns professional
basketball team, has taken a strongly proactive approach to including
people with disabilities, including (a) incorporating 14 wheelchair
sections in the facility, in all price ranges and viewing angles,
and a "dog park" for service dogs; (b) making all concession counters
3 feet high to accommodate wheelchair users and people of short
stature; (c) installing an assistive listening device for
people with hearing impairments; (d) providing different
ways to purchase tickets to ensure that people with all kinds
of disabilities are able to do so; and (e) producing and disseminating
a brochure entitled Arena Access that explains the various
accessibility provisions of the facility.
- E-Systems, a Dallas-based firm, is a good example
of a firm taking new steps to comply with the ADA. The company
initiated significant efforts, including conducting a review of
all employment-related processes and functions, and providing
comprehensive employee training to ensure that their employees
were informed and aware of the ADA's provisions and that all aspects
of the employment process were in compliance.
- Interior Design magazine's August 1992 issue
promoted universal design and compliance with the ADA. Article
subjects included (a) an overview of the ADA; (b) examples of
how design to accommodate people with disabilities can be graceful;
(c) a portfolio of universal design products created by university
students; (d) a public school designed to accommodate students
with multiple disabilities; and (e) remarks from the conference,
"Universal Design: Access to Daily Living," held in May 1992.
- The Kansas Relay Center has taken leadership on
the development of telecommunications relay systems, providing
assistance to other states and working to develop state-of-the-art
methods for handling emergency calls.
- The Boulder County government in Colorado has shown
how compliance with the ADA can be achieved by a county government,
even within the budget constraints most local governments face.
Actions it took included (a) conducting training for several hundred
county employers and people with disabilities; (b) developing
a clear, written summary of the requirements and action steps
for the county to come into compliance with the ADA, a summary
that has been used by others in the state for their own compliance
efforts; (c) creating and using a series of self-evaluation checklists
on issues such as architectural accessibility, employment processes,
and communications methods; and (d) generally serving as a resource
in the county on matters related to ADA implementation.
- The Ellis County courthouse in Waxahachie, Texas,
needed an accessible entrance for wheelchair users. Community
leaders cooperated to solve the problems associated with making
this historic building accessible while preserving its historic
integrity. An advisory committee of people with disabilities from
the community was created to assist the county in its efforts,
and an architectural firm reviewed options for creating the entrance.
A gazebo was relocated to create an appropriate location for the
ramp, and the basement floor was made level to enable wheelchair
users to enter the building.
Many more such examples could be cited.
V.
NEEDED ADA TECHNICAL ASSISTANCE/INFORMATION
One of the great concerns among people with disabilities and covered
entities is that, despite extraordinary efforts by federal agencies,
obtaining federal technical assistance has been very frustrating
and difficult--some say impossible. This lack of assistance does
not appear to be a result of insufficient effort or inefficiency
on the part of the agencies. It is simply a matter of too much demand
for the current staff and resources to meet. The problem exists
at virtually every agency with ADA responsibility.
DOJ, EEOC, and the Access Board have attempted to
remedy this problem in a number of ways, including voice-mail systems
that, despite their efficiency, offend many callers who find them
impersonal and ineffective. As the number and length of calls to
the NIDRR Regional Centers have increased, the ability of their
staff to provide substantive responses has been strained to the
limit. Many callers to ADA Watch have expressed their frustration
at the difficulty of getting the answers they need from the designated
agencies or at the length of time it takes to receive a response.
The agencies are taking steps to remedy some of these
problems. For example, DOJ and the Access Board are currently investigating
new telephone systems for both voice and TDD that will handle calls
more efficiently, and the EEOC has trained its regional office staff
to respond to ADA calls, relieving some of the pressure on headquarters.
While the federal government has taken major steps
to provide ADA information and technical assistance, much more basic
information about the ADA, as well as specific technical assistance,
is needed for implementation to proceed fully and effectively. Federal
and state agencies have reported that the demand for information
has overwhelmed their staff and budgets.
Finding 10: The need for information and technical
assistance continues to grow, outstripping federal and state resources.
As more and more individuals and organizations learn
about the ADA, the need for information and technical assistance
will increase. One of the myths about ADA implementation is that,
once a certain threshold is passed, probably within the next year
or two, the need for ADA assistance will be significantly reduced.
The nation's experience with the Rehabilitation Act of 1973 suggests
otherwise: that law has been in place for nearly 20 years, and many
covered entities still do not know what compliance involves.
Implementation of the ADA is off to a much better
start than implementation of the Rehabilitation Act in terms of
both development of regulations and technical assistance materials.
This is in part because the federal government has learned from
its experience with the Rehabilitation Act what information the
public needs. However, the ADA covers many more entities than the
Rehabilitation Act and is far more comprehensive, and there will
be a long-term need for technical assistance.
Without some course corrections in information
dissemination and technical assistance strategies under the ADA,
the demand will continue to overwhelm government resources.
Lack
of Awareness Finding 11: While efforts
to inform people with disabilities and covered entities about the
ADA have been substantial, many large gaps still exist.
The federal government has taken major steps to inform
Americans about the ADA through its grant programs, information
hotlines, publications, and other approaches (e.g., sending an insert
in an IRS mailing to businesses). However, according to a 1991 Louis
Harris poll, only 14 percent of Americans said they were "very familiar"
with the ADA, and 42 percent said they were "unfamiliar" with it.
While awareness has probably increased through media coverage and
other information dissemination efforts since the poll, the number
of those very familiar with ADA probably remains low.
The federal government could significantly increase
ADA awareness by developing public service announcements (PSAs)
and working with the National Association of Broadcasters, the television
networks, and the Advertising Council to have these PSAs broadcast
on radio and television nationwide. One important benefit of such
a campaign would be to address the misinformation and disinformation
being spread by unscrupulous or ill-informed individuals.
Recommendation 2
The federal government should plan, coordinate, and
fund a media campaign to disseminate accurate information about
the ADA through public service announcements on radio and television.
Using celebrity spokespersons
or other public figures could increase the interest in the announcements
on television. As Justin Dart, Jr., chairman of the PCEPD, testified
at an ADA Watch public hearing, "Twenty words by the President,
the Vice President, or leaders of Congress on national television
is worth 20 million brochures." Accurate, helpful information is
needed to inform covered entities and people with disabilities of
their rights and obligations.
Finding 12: Minorities with disabilities, overrepresented
in the disability community, are significantly underreached by current
ADA information and technical assistance efforts.
The obstacles facing minorities with disabilities
are particularly great. (These are addressed in greater depth in
Section VI.) At this point, there is a substantial need for a targeted
information dissemination strategy for minority communities. DOJ
has taken an initial step to address this issue by funding a grant
to the Foundation on Employment and Disability in California to
develop information targeted to minority communities. The "mass
market" approach discussed above can be one piece of this picture,
but only one piece. As one minority witness said to the National
Council on Disability, "Everyone watches TV." Another emphasized
radio as an effective medium--both general audience stations and
those targeted to minority groups.
The mechanisms for specifically targeting each minority
group may vary. For some groups, the use of languages other than
English (e.g., Spanish or Chinese) will be required. In some instances,
alternative information delivery systems will be important, such
as targeting Native Americans through their tribal communities.
Special attention must be paid to the cultural characteristics of
each group to ensure that the message is clearly communicated and
that voluntary compliance with the ADA is increased.
Recommendation 3
New materials and dissemination strategies should be
developed that are targeted to, and sensitive to the needs of, African
Americans, Native Americans, Hispanic and Latino populations, Asian
Americans, Pacific Islanders, and other minority populations.
According to testimony
received by the National Council on Disability at its ADA Watch
public hearings, there is still a great need for ADA information
nationwide, particularly among small businesses and in smaller communities
outside major metropolitan areas. Organizations such as the Kiwanis,
Lions, and Rotary Clubs may be helpful in reaching smaller communities.
The Small Business Administration, the National Federation for Independent
Business, and certain industry-specific associations could be key
to reaching small businesses. Efforts by the Council of Better Business
Bureaus Foundation could also be expanded.
To reach people with disabilities in smaller communities,
tapping into social service networks and local government and civic
organizations could be useful. The "Calling on America" campaign
of Jim Brady and the National Organization on Disability has been
particularly effective in motivating such communities to meet the
needs of their citizens with disabilities.
Recommendation 4
Systemic outreach and technical assistance efforts
should be initiated that focus on small businesses and communities
outside major metropolitan areas.
One key to a successful
strategy for dissemination of information and technical assistance
is to allow more of this work to be done by entities that are located
close to where the questions arise. For example, EEOC has taken
steps to train its field representatives to serve as ADA advisors.
To the extent that county governments, local businesses, disability
groups, and others can take on this responsibility, the federal
agencies at the headquarters level will be able to focus more on
the development of policy guidance.
Recommendation 5
The dissemination of ADA information and technical
assistance materials should be increasingly decentralized and moved
out of the federal sector.
A representative from
Hawaii testified to the National Council that the sheer distance
from the mainland, coupled with the unfortunate consequences of
the time differences in reaching DOJ and the Access Board for technical
assistance support, creates a disincentive to comply with the ADA.
The U.S. Trust Territories face a similar problem. The people in
these distant regions feel that they have very little support. The
geographical factors are complicated by cultural differences that
affect ADA implementation and especially the government's ability
to communicate effectively the requirements and methods for complying.
Recommendation 6
Federal technical assistance projects should be established
in Alaska, Hawaii, and the Trust Territories.
Funding for
technical assistance must be sustained for a sufficient period of
time to ensure that the benefits of the ADA are not lost through
lack of awareness.
Need
for Targeted Assistance Finding 13: As
organizations and individuals advance in their knowledge of the
ADA, their questions are becoming increasingly sophisticated and
technical, often requiring complex responses.
The NIDRR Regional Disability and Business Technical
Assistance Centers, as well as EEOC and DOJ staff, have observed
that the questions on ADA implementation that they are receiving
have become increasingly sophisticated and technical. This is a
function of the ordinary maturation of understanding related to
implementation of any law.
The organizations that represent and serve covered
entities and people with disabilities have expressed an interest
in taking a more active role in the development of more industry-
and profession-specific materials. The federal sector could profit
from new or more effective mechanisms whereby these organizations
assist in the creation of these kinds of materials.
Recommendation 7
The next generation of technical assistance materials
should be more industry- and profession-specific.
On a similar note, the
first round of grants by DOJ focused primarily on people with disabilities
and businesses, with little emphasis on state and local governments.
The fact that as many complaints have been filed against state and
local governments as against public accommodations (see Section
III) suggests that the need for technical assistance is significant
among these government entities. DOJ has indicated that it intends
to increase its efforts to provide technical assistance to state
and local governments in FY 1993.
Recommendation 8
More technical assistance should be provided to state
and local government entities.
Finding 14: Covered entities
are looking for the greatest degree of certainty of being in compliance
with the ADA that the federal government can offer.
The complaint most often heard about the ADA from
covered private sector entities was the legislation's "soft" or
"vague" language. This concern has come to be expressed as the need
to know exactly what is required for compliance and when an entity
can be certain that the actions taken are satisfactory. To date,
the federal agencies have not formally endorsed or certified the
ADA technical assistance materials as being valid guides for determining
when an entity is in compliance.
Recommendation 9
The federal government should formally endorse technical
assistance materials to increase public confidence in their validity
as standards for ADA compliance.
Finally, it is becoming
increasingly important for the federal government to step out of
the role of primary provider of technical assistance and to become
more of a catalyst for the provision of technical assistance by
the business and disability communities. This can be achieved through
symposia, summit meetings, training sessions, and other vehicles
that link leaders from the disability community and the private
sector with the federal sector.
Recommendation 10
The federal government should cultivate and coordinate
ADA leadership in the private sector and the disability community
and thereby become more the catalyst than the provider of technical
assistance.
This leadership in the
private sector, both in the disability community and in the business
community, is already beginning to develop as a result of the various
grants for technical assistance projects that have been awarded
by federal agencies. However, further development of such ADA leadership
will be needed, particularly in underserved areas such as rural
and minority communities. This process will enhance the likelihood
that the materials developed will meet the needs of the populations
that these communities serve.
VI.
ADA ISSUES REQUIRING FEDERAL ACTION While
many dedicated people helped to create the ADA, no one could have
anticipated all of the specific questions or issues that would ultimately
arise under this new law. This section provides an overview of the
emerging issues under the ADA; it is not exhaustive, but only indicative
of the issues that will require the attention of the federal government
in the coming years.
The
ADA and Other Disability Laws Finding 15:
As ADA regulations become more refined, the ADA's relationship to
other federal disability nondiscrimination laws is becoming clearer
in certain areas and more confused in others.
The revisions recently made to the Rehabilitation
Act of 1973 point to the reality that the ADA will set the standard
for other disability laws. The language and provisions of the ADA,
while drawn in large part from Section 504 of the Rehabilitation
Act, have now become the conceptual framework for the next generation
of disability law.
The precise nature of the relationship between the
ADA and other federal disability laws is, however, only now beginning
to be understood. Issues that are beginning to emerge include the
following:
- The definitions of disability vary from law to
law (with estimates as high as 42 different definitions), and
efforts are needed to apply standard definitions to the extent
practicable.
- The existence of several different accessibility
standards and guidelines has created some concern over which standards
to use.
- It is often not clear where one law begins and
another ends (e.g., the ADA, the Rehabilitation Act, and the Fair
Housing Act).
Federal agencies are already attempting to address
these issues. DOJ has begun to work with the Department of Housing
and Urban Development (HUD) and other agencies to investigate the
ADA/Rehabilitation Act/Fair Housing Act relationship. Such coordination
could be enhanced through the Interagency Disability Coordinating
Council established under the Rehabilitation Act Amendments of 1992.
Recommendation 11
The Interagency Disability Coordinating Council should
identify and address gaps in coverage, conflicting definitions of
terms, and problems of overlapping jurisdiction of federal disability
nondiscrimination laws.
Among the areas being
mentioned as unresolved are accessibility of existing post offices
(applying "program accessibility" standards under Section 504 has
either not been attempted or has not been effective in enabling
people with disabilities to use older postal facilities) and the
status of volunteers/ unpaid staff for covered employers. There
is a proposal to create an entity with ongoing responsibility to
work with DOJ's Civil Rights Division to address these issues.
As new questions arise and the various federal agencies
with implementation responsibility respond to them, covered entities
and people with disabilities will want to learn about the responses
as soon as possible. Timely publication and dissemination of ADA
technical guidance memoranda would have great value in directing
efforts to implement the ADA in the most constructive manner.
Recommendation 12
The Department of Justice, the Equal Employment Opportunity
Commission, the Department of Transportation, the Federal Communications
Commission, and the Access Board should prepare and disseminate
regular technical guidance memoranda regarding ADA policy decisions.
Key
Implementation Issues The early days
of ADA implementation have progressed smoothly, given the comprehensiveness
and complexity of the law. However, the list of implementation issues
to be addressed continues to grow as the details of the law and
regulations are applied in practice. The evolving interpretation
and application of the ADA is raising significant issues with potentially
wide application.
Specific Disabilities
One matter of concern relates to certain populations
of people with disabilities and the impact of ADA implementation
upon them.
Finding 16: People with certain kinds of disabilities,
such as vision and hearing impairments, short stature, and environmental
illness, are becoming frustrated with the way ADA implementation
efforts are being conducted.
People with vision and hearing impairments have expressed
concern that, even in federally conducted activities such as training
and technical assistance efforts, accommodations have not been made
for them. People of short stature have raised major concerns about
the impact of ADA accessibility guidelines on people with their
disability. The following issues have been mentioned.
- Restrooms--faucet and door handles, dryers, dispensers
out of reach; toilets too high.
- Public phones--buttons and coin slots still out
of reach.
- Public water fountains--even accessible fountains
too high.
- Elevator controls--even accessible buttons too
high, except for lower floors; reach bars not helpful for heat-sensitive
buttons.
- Banking--counters too high; drive-up facilities
impossible to use; ATM out of reach; LED windows not visible.
- Electric doors--electronic eye too high for some;
possible to become trapped between doors.
- Schools--fountains, restrooms, door knobs, cafeteria
lines, lockers out of reach.
- Transportation--school buses need seat belts for
short children and a fold-out step; some children need
to be lifted. (Note: A recommendation to resolve this might be
to allow short people to stand on the wheelchair ramp on accessible
buses; this is now prohibited.)
- Libraries--card catalog drawers too high.
- Supermarkets--items out of reach; carts too tall.
- Hotels--registration desks and restroom facilities
too high. (Note: A recommendation to make stools available
upon request.)
Finding 17: Despite the broad scope of the ADA, there
still appear to be some gaps in coverage, such as full protection
for people with environmental illness.
Several previously unrecognized disabilities are
emerging in the awareness of the American public. For example, there
is increased awareness of people with severe head injury caused
by violence or other trauma. Individuals with multiple chemical
sensitivities and environmental illnesses have become increasingly
vocal about the effects of tobacco smoke, chemicals, and perfumes
in hotels, restaurants, bars, and other places of public accommodation.
Regulations and guidelines they recommend include prohibiting smoking
in public gathering places including hallways, forbidding department
stores from spraying perfumes in the air, and removing perfumed
deodorizing devices from restrooms and other common areas.
Recommendation 13
Congress and the Administration should consider legislation
to address the needs of people with "emerging disabilities," such
as those with head injuries resulting from violence or other trauma
and those with environmental illnesses who are severely adversely
affected by secondary smoke or other pollutants in public places.
Technical Issues
Finding 18: Numerous technical issues involving the
interpretation and application of the ADA and its regulations have
been raised, including the use of edge warning devices on transit
platforms and accessibility standards for recreational areas.
The enormous number of specific technical issues
arising under the ADA precludes an exhaustive discussion of them
in this report. However, one newly emerging concern is the movement,
particularly in the federal sector, toward use of the UNIX computer
system. As of now, the technology does not exist to make this system
fully accessible for people with vision impairments. An Atlanta-based
firm is reportedly working on the solution to the problem, but is
undercapitalized. One expert has estimated that an investment of
$500,000 or more may be required to develop this technology.
Other technical issues being examined at this time
include whether and how to use edge warning devices on transit platforms,
and accessibility requirements for recreation and wilderness areas.
The National Council on Disability has examined some of these issues
in a recent report to the President and the Congress.
Employee Benefits
Finding 19: Major elements of employee benefit plans
are being called into question by the ADA, such as whether an employer's
health care plan may discontinue coverage of certain benefits specifically
needed by people with disabilities.
A recent issue of the Benefits Law Journal
was dedicated to the study of the ADA's impact on employee benefit
plans. This represents only one manifestation of a growing awareness
about the potential impact of the ADA in this area. One set of policy
issues concerns the responsibilities of employers and insurers in
providing health insurance to people with disabilities. The national
debate on health care reform is focusing, at least in part, on the
ADA since the Oregon Medical Waiver Request was rejected by the
Bush Administration because it was found to violate the ADA.
This issue will be one of the most important ADA-related
concerns over the next several years. After the first year of ADA
Watch, an Insurance Task Force of the President's Committee on Employment
of People with Disabilities was assembled to consider these issues
and to make recommendations to resolve them. A related issue of
particular concern to employers, also being addressed by a task
force of the PCEPD, is the impact of the ADA on workers compensation
costs and procedures.
Minorities with Disabilities
The National Council on Disability has taken a great
interest in issues of concern to minorities with disabilities, particularly
as these issues relate to the ADA. The Council has held two substantive
meetings to learn about such minority issues. Key findings that
have come from these meetings include the following:
- Individuals who are members of minority groups
and who have disabilities often experience double discrimination,
and it is sometimes difficult to discern the specific source of
discrimination at any instance. Minority women with disabilities
also note gender discrimination, thereby increasing the source
of discrimination to three possible categories.
- Individuals with disabilities who are members of
minority groups tend to have higher unemployment rates and lower
participation in disability programs than other members of the
disability community, making them among the poorest of the poor.
- Minorities, in general, are disproportionately
represented among the population of people with disabilities.
Certain minority groups show an overrepresentation of disabilities;
for example, Native American men are seven times more likely to
develop a disability by age 26 than are members of the general
population.
- Minority persons with disabilities tend not to
know about their rights under nondiscrimination laws. One estimate
by an expert who testified at a National Council conference on
the needs of minority members with disabilities is that fewer
than 10 percent of such individuals know about the ADA.
Moreover, cultural factors can complicate the problems
people with disabilities face. For example, one witness noted that
certain Asian cultures carry stereotypes about people with disabilities
that are especially difficult to address. Another noted that distrust
of government is often prevalent in certain minority communities,
reducing the potential for the ADA to be effective as a means of
eliminating discrimination.
The following were among the actions recommended
by those speaking at the National Council's meetings.
- Conduct ADA outreach through mass media, community
institutions, and in locations that will reach minority populations;
- Provide materials and information in other languages,
simpler English, and in culturally appropriate media; and
- Conduct hearings in other languages and use multilingual
sign language interpreters for hearings conducted in English.
Government Services and Programs
Finding 20: The role of traditional government activities
in support of people with disabilities and the application of previously
existing disability laws are being affected by the ADA.
One additional matter is being raised as a long-term
issue: the effect of the ADA on the delivery of government services
and programs for people with disabilities. As the ADA is enhancing
the ability of people with disabilities to live independently, the
traditional government support programs will take on a different
character that is more consistent with the philosophy of the independent
living movement. Ultimately, the philosophical foundation and resulting
policies of all disability programs should be consistent with those
of the ADA.
For example, government funding should be redirected
to enable:
- Families to support their children with disabilities
at home;
- All children to attend regular, neighborhood schools
with peers of their own age;
- Youth with disabilities to train alongside
their nondisabled peers for active jobs and careers; and
- All adults with disabilities to live in their communities
through independent and supported living arrangements and with
the aid of increased provision of affordable personal assistance
services and assistive technology.
VII.
RESEARCH AGENDA The data available on
people with disabilities have, historically, been very limited.
Census data regarding work disabilities and activity limitations
have provided useful but limited information for public policy decision
making. Other data sources have not been sufficiently comprehensive
or focused to allow for informed disability policy analysis. There
are very few national data bases that address disability.
For example, the Survey of Disability and Work conducted
by the Social Security Administration in the 1960s and 1970s provided
some very useful information, but dealt exclusively with the working-age
population. More important, it is now not being conducted at all.
The Survey of Income and Program Participation (SIPP) has not been
conducted recently and did not offer adequate information on a broad
range of disability issues. The National Health Interview Survey
and National Medical Expenditure Survey have been valuable in helping
to assess health care utilization, but much less useful for considering
other disability policy issues such as housing, transportation,
and income maintenance.
As a second illustration of the problem, estimates
of the number of children with disabilities range from 1 million
to 10 million, clearly too large a range to be very useful in developing
disability policy. Similarly, it is very difficult to obtain good
data on many low-prevalence conditions such as Friedreich's Ataxia
and Tourette's Syndrome, or even spinal cord injury. The ADA has
created a need and an opportunity for an expanded research agenda.
Current
Research Finding 21: There is a growing
body of information about such issues as perceptions of the ADA,
costs of implementation, and attitudes toward ADA responsibilities
that will enable policymakers to prioritize implementation efforts
more effectively.
Since the passage of the ADA, a number of surveys
have been conducted by associations and other organizations trying
to understand the impact of the ADA. For example, the Bureau of
National Affairs conducted an employee survey to identify, among
other things, whether fellow employees of people with disabilities
considered it fair to have their jobs altered in some way to accommodate
a person with a disability. One set of data from this study describes
what respondents thought should be considered as disabilities. Among
the conditions that fewer than half the respondents identified as
"legitimate" disabilities were alcoholism, drug addiction, cancer,
AIDS, and diabetes. The potential for discrimination against people
with these conditions may well prove to be higher than for others.
The survey of 385 companies conducted by Buck Consultants
(noted in Section II of this report) contained several significant
findings in addition to those reported earlier. For example, industrial
firms reported somewhat higher levels of ADA understanding than
service firms or others: 46 percent of industrial firms rated their
understanding as high (i.e., 4 or 5 on a 5-point scale), while 42
percent of service firms and 36 percent of others reported the same.
However, on the same scale, only 31 percent of industrial firms
rated their level of preparedness as high, slightly less than the
33 percent reported by the service and other firms. This suggests
that greater understanding of the ADA does not necessarily lead
to greater preparedness.
Two current studies by the U.S. General Accounting
Office (GAO)--one on public accommodations and one on transportation--will
help to assess the cost of implementation. The GAO is reportedly
also contemplating a study on employment under the ADA. The Access
Board has developed a proposed ADA research agenda. The topics for
priority consideration were published in the Federal Register
and are listed in Appendix I. Other surveys have been conducted
by organizations such as the American Management Association to
identify levels of awareness and compliance activities. However,
much research remains to be conducted.
Finding 22: The progress and impact of the ADA cannot
be fully determined with existing data sources, and substantial
additional research is needed.
The availability of disability statistics will probably
increase somewhat in the years to come. For example, the Department
of Health and Human Services held a two-day conference in December
1992 to discuss directions for the development of statistical data
on disability. The conference was scheduled to follow immediately
the research conference sponsored by the National Council on Disability
in Washington, DC. As data of all kinds become increasingly available,
one very substantial task will be to coordinate the information,
interpret it, and apply it to policy questions; the need is not
just for information, but for a framework to analyze it.
Needed
Research Given the gaps in existing data
and the need to know with some confidence how to direct resources,
the time has come to make a concerted effort at the federal level
to develop a strong research agenda on disability-related concerns
and issues.
Recommendation 14
A comprehensive research agenda should be developed
to measure the nation's progress in meeting the ADA's four goals
of equality of opportunity, full participation, independent living,
and economic self-sufficiency.
Despite the growing
amount of data being generated, additional information is needed
to determine what effect the ADA is having on covered entities and
on people with disabilities. The opportunity presented by data collection
efforts related to these goals is to provide needed information
to guide disability policy for many years to come.
A large-scale longitudinal study to determine whether
and how the ADA is meeting the needs of people with disabilities
would be extremely useful. Such a study could be conducted by a
joint effort of the U.S. Bureau of the Census, the National Center
for Health Statistics, the National Institute on Disability and
Rehabilitation Research, the National Center for Medical Rehabilitation
Research, and the various departments and agencies responsible for
implementing the ADA.
Recommendation 15
Congress should authorize and fund a large-scale longitudinal
study to determine how the needs of people with disabilities are
being met over time as the ADA is implemented.
In the current economic
environment, with concerns about the federal budget deficit, proposing
additional funds for any federal activity seems questionable. However,
the costs of implementing the ADA have been rightly considered an
investment. As covered entities and people with disabilities learn
about the ADA, opportunities will be created for individuals with
disabilities to move from public support into circumstances in which
they can contribute to the tax base.
Recommendation 16
Funding for federal government ADA information dissemination,
technical assistance activities, and research should be adequate
to ensure the successful ongoing implementation of the law.
APPENDIX A
ADA Watch Brochure
[Not available]
APPENDIX
B NATIONAL COUNCIL ON DISABILITY
ADA WATCH
Public Hearing on the Americans with Disabilities
Act
Room 106, Senate Dirksen Office Building
Washington, DC
June 15-16, 1992
- AGENDA -
Monday, June 15, 1992
9:00 - 9:45 a.m. Opening Remarks
Sandra Swift Parrino, Chairperson,
National Council on Disability
John R. Dunne, Assistant Attorney
General, Civil Rights Division, U.S. Department of Justice
9:45 - 11:00 a.m. Employment Panel
#1
Christopher G. Bell, Acting Associate
Legal Counsel for ADA Services, Equal Employment Opportunity Commission
Justin Dart, Jr., Chairman, The President's
Committee on Employment of People with Disabilities
Barbara T. Judy, Project Manager,
Job Accommodation Network
11:00 - 11:15 a.m. Break
11:15 a.m. - 12:30 p.m. Employment
Panel #2
Susan Meisinger, Vice President for
Government Affairs, Society for Human Resource Management
Wendy Lechner, Manager, Research and
Policy Development, National Federation of Independent Business
Mitchell Travers, President, The Travers
Group
Richard Gunden, President and CEO,
The Ability Center of Greater Toledo
12:30 - 2:00 p.m. Lunch
2:00 - 3:15 p.m. Public Accommodations
Panel #1
Remarks: The Honorable Steny H. Hoyer, U.S.
House of Representatives
Gordon H. Mansfield, Assistant Secretary
for Fair Housing and Equal Opportunity, U.S. Department of Housing
and Urban Development; Chairman, U.S. Architectural and Transportation
Barriers Compliance Board
John L. Wodatch, Director, Office
on the Americans with Disabilities Act, U.S. Department of Justice
Robert D. Lynch, American Institute
of Architects
James C. Dinegar, Vice President, Government
and Industry Affairs, Building Owners and Managers Association
3:15 - 3:30 p.m. Break
3:30 - 4:45 p.m. Public Accommodations
Panel #2
Barbara Bode, Vice President and Executive
Director, Council of Better Business Bureaus' Foundation
Maureen McCloskey, Paralyzed Veterans
of America
Barry F. Scher, Vice President of Public
Affairs, Giant Food Inc.
Sally Weiss, Information and Publications
Coordinator, United Cerebral Palsy Association
Robert Watson, Executive Director, DateAble
Tuesday, June 16, 1992
9:00 - 9:15 a.m. Opening Remarks
Sandra Swift Parrino, Chairperson,
National Council on Disability
The Honorable Benjamin A. Gilman,
U.S. House of Representatives
The Honorable Hamilton Fish, Jr.,
U.S. House of Representatives
9:15 - 10:45 a.m. Cross-Content Area
Issues
William H. Graves, Director, National
Institute on Disability and Rehabilitation Research, U.S. Department
of Education
Carolyn L. Feis, Program and Evaluation
Methodology Division, U.S. General Accounting Office
Paul Marchand, Director, Governmental
Relations, The Arc
John Ambrose, National Mental Health
Association
10:45 - 11:00 a.m. Break
11:00 a.m. - 12:30 p.m. Transportation
Receiving testimony: The Honorable William F.
Goodling, U.S. House of Representatives
Donald Trilling, U.S. Department of Transportation
Rosalyn Simon, Executive Director, Project
ACTION
Tom Waldron, Director of Operations, Virginia
Railway Express; American Public Transit Association
David Raphael, Community Transportation
Association
Paul Schroeder, Director, Governmental Affairs,
American Council of the Blind/Transportation Co-Chair, Consortium
for Citizens with Disabilities
12:30 - 2:00 p.m. Lunch
2:00 - 3:15 p.m. Telecommunications
The Honorable John McCain, United
States Senate
Linda B. Dubroof, Director of TRS
Implementation, Federal Communications Commission
Pamela Ransom, Telecommunications
for the Deaf, Inc.
David Rosenthal, Kansas Relay Service
3:15 - 3:30 p.m. Break
3:30 - 4:45 p.m. State and Local Government
Stewart B. Oneglia, Chief, Coordination
and Review Section, Civil Rights Division, U.S. Department of
Justice
Marian Schooling Vessels, Special
Assistant to the Governor for the Americans with Disabilities
Act; Executive Director, Maryland Governor's Committee on Employment
of People with Disabilities
Homer Page, Commissioner, Boulder
County, Colorado; National Association of Counties
Curt Decker, Executive Director, National
Association of Protective and Advocacy Systems
Tony Scallon, Council Member, City
of Minneapolis
4:45 - 5:00 p.m. Closing Remarks
Sandra Swift Parrino, Chairperson,
National Council on Disability
APPENDIX
C NATIONAL COUNCIL ON DISABILITY
ADA WATCH
Public Hearing on the Americans with Disabilities
Act
Ballroom C, San Francisco Marriott Hotel
San Francisco, California
October 20, 1992
- AGENDA -
8:45 - 9:00 a.m. Opening Remarks
Kent Waldrep, Vice Chairperson, National
Council on Disability
9:00 - 9:45 a.m. Overview Panel
William Tainter, Director, California
Department of Rehabilitation
Melanie Wiegner, Legal Advisor, California
Chamber of Commerce
Erica Jones, NIDRR Region IX Technical
Assistance Center
9:45 - 11:00 a.m. Public Sector
Sheila Conlon Mentkowski, Advocacy
Director, NORCAL Center on Deafness
Michael Humphrey, Executive Director,
Santa Rosa Independent Living Center
Les Treece-Sinclair, ADA Implementation
Section, California Department of Rehabilitation
11:00 - 11:15 a.m. Break
11:15 a.m. - 12:15 p.m. Open Forum
Comments from the floor
12:15 - 1:30 p.m. Lunch
1:30 - 2:45 p.m. Private Sector
Catherine Kelly Baird, California
Governor's Committee for the Employment of Disabled Persons
Jeanie Hanks Van Amen, Los Cerritos
Center (Orange County)
Guerry Dalrymple, America West Arena
representative
Bruce Flynn, Wells Fargo
2:45 - 3:00 p.m. Break
3:00 - 4:15 p.m. Non-Profit Sector
Dr. Harry Murphy, University of California,
Northridge
Florence Curnutt, San Jose Community
College
Jill Singer, Administrator, Ambulatory
Health Care Program, California Medical Association
Susan Cota, California Medical Association
Task Force on Accessibility of Medical Services
4:15 - 5:15 p.m. Open Forum
Comments from the floor
5:15 - 5:30 p.m. Closing Remarks
Kent Waldrep, Vice Chairperson, National
Council on Disability
APPENDIX
D U.S. DEPARTMENT
OF JUSTICE ADA TECHNICAL ASSISTANCE GRANTEES
American Foundation for the Blind, and Gallaudet
University - National Center for Law and the Deaf
Washington, DC
Provide technical assistance to consumers and covered
entities relating to communications barriers resulting from hearing
and vision loss; develop and distribute pamphlets targeted at
restaurants, the hospitality industry, places of assembly, health
care providers and consumers
American Hotel and Motel Association
Washington, DC
Disseminate ADA information, develop & conduct
seminars at state-level Association conferences, articles and
an ADA compliance handbook for the lodging industry
American Speech-Language- Hearing Association
Rockville, MD
Disseminate ADA information to people with communications
disabilities, including retail stores, daycare centers, places
of assembly, and emergency service providers, conduct national
training workshops and telephone assistance on communications
access issues
The Association for Retarded Citizens of the United
States
Arlington, TX
Disseminate ADA information as it applies to individuals
with mental retardation; establish center to disseminate information
to restaurants, hotels and motels, retail stores, and places of
public assembly nationally on how to provide cognitively accessible
services; conduct Title III training for Arc chapters and child
care facilities; create a resource book for child care centers
The Association on Higher Education and Disability
Columbus, OH
Collaborate with the National Clearinghouse on Licensure
Enforcement and Regulations to develop a manual on "Testing Accommodations
for Students with Disabilities"; provide a telephone hotline for
ADA information
Building Owners and Managers Association
Washington, DC
Conduct nationwide seminars for building owners
and managers on ADA requirements for commercial facilities and
places of public accommodation
Council of Better Business Bureaus' Foundation
Arlington, VA
Educate small and medium-sized business members
on Title III obligations; provide resources for alternative dispute
resolution and educational materials; collaborate with DREDF and
Barrier Free Environments to conduct meetings with business and
disability groups
Disability Rights Education and Defense Fund
Washington, DC
Establish telephone information line for Titles
II and III; conduct regional seminars for community representatives
to assist individuals with rights and responsibilities; provide
training and resources for groups nationwide
Eastern Washington University Center for Health Research
Cheney, WA
Produce videotapes, printed materials and public
service announcements to serve as resources for daycare centers
nationally, and conduct training for daycare providers
Food Marketing Institute
Washington, DC
Collaborate with the National Center for Access
Unlimited to disseminate information to grocery chains; develop
ADA starter kit; conduct seminars and exhibit at 1992 Convention
Foundation on Employment and Disability
Torrance, CA
Provide materials and presentations to community
organizations; telephone information lines for minority communities
in California; DOJ projects' resource on minority issues
Institute for Law and Policy Planning
Berkeley, CA
Produce documentaries on barrier removal in places
of public accommodation available at the ADA Regional Disability
and Technical Assistance Centers and other technical assistance
and training projects
National Association of Protection and Advocacy Services
Washington, DC
Conduct training seminars on nonlegal dispute resolution,
self-advocacy, and voluntary compliance, and provide funding and
materials to the network of Protection and Advocacy Service Centers
and Client Assistance Programs
National Center for State Courts
Williamsburg, VA
Disseminate publications, checklists, compliance
strategies for state and local courts; provide a model academic
curriculum for future judges and court administrators
National Conference of States on Building Codes and
Standards
Herndon, VA
Collaborate with Paralyzed Veterans of America to
promote certification of state codes for equivalency with ADA
standards, promote voluntary compliance with new construction
and alterations requirements, develop alternative dispute resolution
models, and hold a national seminar on certification, appeal,
and complaint procedures
National Federation of the Blind
Baltimore, MD
Conduct "Information Access Project" to assist entities
in finding methods for converting visually displayed information
into formats accessible for individuals who are visually impaired;
resource for other grantees
National Rehabilitation Hospital
Washington, DC
Provide informational materials, seminars, and a
consumer brochure for doctors, hospitals, health care facilities,
and health care consumers, as well as an accessibility checklist
and compliance handbook for facility managers
National Restaurant Association
Washington, DC
Produce and distribute informational material, compliance
manual, videotape for the food-service industry; collaborate with
the National Center for Access Unlimited on a booklet with self-inspection
checklists, applications of compliance techniques and training
on barrier removal, alterations, new construction, attitudes,
and dispute resolution
Police Executive Research Forum
Washington, DC
Collaborate with the Epilepsy Foundation of America
and Eastern Kentucky University's Police Studies Department Training
to develop model policies and procedures for police and sheriff's
departments, information/training materials, videotape, brochure
and handbook for organizations serving police and persons with
disabilities
APPENDIX
E PROJECT ACTION
DEMONSTRATION PROJECTS
- PHASE I -
Oregon State University
Corvallis, Oregon
Design a securement system for mobility aids in
"common use" on public transportation vehicles.
Massachusetts Coalition of Citizens with Disabilities
Boston, Massachusetts
Increase the use of the statewide transportation
system developed in Massachusetts.
Florida Alliance for Employment of the Handicapped
Tallahassee, Florida
Develop a method for determining the need for accessible
transportation which can be used at the operations level and which
includes key persons in the local community.
Housatonic Area Regional Transit
Danbury, Connecticut
Develop a model program designed to identify people
with disabilities in the community and their transit needs; develop
outreach and marketing strategies.
Focus on Community Understanding and Services
Columbus, Ohio
Train consumers with disabilities and transit personnel;
conduct marketing and outreach programs.
Southeastern Pennsylvania Transportation Authority
Philadelphia, Pennsylvania
Develop a low-cost, modular partial high-level platform
and ramp to improve regional accessibility and access to the SEPTA
commuter rail system for wheelchair users.
Cerenio Management Group
San Francisco, California
Train transit users with disabilities as sensitivity
trainers of transit personnel and travel trainers for other people
with disabilities.
Hiram G. Andrews Center
Johnstown, Pennsylvania
Design and carry out attitude, awareness, and interactive
training programs for transit personnel to raise sensitivity to
persons with "hidden" disabilities.
Buckeye Paralyzed Veterans of America
Euclid, Ohio
Train persons with disabilities to fully utilize
the Greater Cleveland Regional Transit Authority's expanding accessible
fixed route transportation; develop a receptiveness and sensitivity
toward persons with disabilities among transit employees.
Regional Transportation Commission
Reno, Nevada
Develop a program to teach people with disabilities
to effectively use accessible public transportation in the Reno-Sparks
metropolitan area; provide skills usable in other public transportation
systems.
Easter Seal Society of Tennessee
Chattanooga, Tennessee
Develop and maintain a non-rigid, 24-hour response
time for paratransit service.
Mass Transit Administration
Baltimore, Maryland
Address attitudinal, behavioral, and informational
issues affecting the use and delivery of accessible fixed route
services through outreach, marketing, and training aimed at consumers
with disabilities using accessible fixed service, MTA bus operators,
and the general public.
Massachusetts Bay Transportation Authority
Boston, Massachusetts
Demonstrate the implementation of an emergency evacuation
procedure for the safe evacuation of passengers with disabilities,
especially those who use wheelchairs on rapid transit lines.
San Antonio Independent Living Services
San Antonio, Texas
Identify a pilot group of people with disabilities
to train in use of fixed route bus transportation; train peers
also.
Katherine McGuinness and Associates
Waltham, Massachusetts
Convene a working group of local transit agencies,
water transportation operators, and disability advocacy groups
to develop regulations for access to public water transportation
facilities.
Kalamazoo Handicappers United
Kalamazoo, Michigan
Identify needs by disability, geography, and service
characteristics to promote accessible transportation program emphasis;
provide public and private service providers a sound basis for
scaling and designing systems.
Econometrics
Bethesda, Maryland
Develop a program to train people with disabilities
to utilize both fixed route transit and rural public transit services.
Goodwill Industries of Mid- Eastern Pennsylvania
Shillington, Pennsylvania
Develop an Employment and Carpooling Program to
match transportation needs of individuals with disabilities with
volunteers who could provide that service; develop and implement
training to teach consumers how to use fixed route and paratransit
services.
New Jersey Transit
Newark, New Jersey
Develop fare policy to provide a reduced transfer
fare for paratransit and fixed route transit trips; develop key
transfer points and promote use of vehicle-to-vehicle transfer
from paratransit to fixed route.
Services for Independent Living
Cleveland, Ohio
Develop a universal, safe and easy way to use the
securement system; establish design, testing, and evaluation criteria
for the acceptability of the system by people with disabilities.
Access-A-Ride
New York, New York
Conduct a multi-ethnic outreach effort to enhance
the mobility of people with disabilities living in low-income
neighborhoods.
League of Human Dignity
Omaha, Nebraska
Establish and implement a program to inform and
educate the public and persons with disabilities about the availability
of a new partially lift-equipped fixed route bus service in Omaha.
The Kennedy Center
Bridgeport, Connecticut
Provide an evolving mobility training and peer support
program to a total of thirty-four individuals with disabilities;
assist the Greater Bridgeport Transit District in assessing and
testing a free transfer mechanism between fixed route service
and paratransit service.
Easter Seal Society of Utah
Salt Lake City, Utah
Encourage potential users of fixed route accessible
transit services to ride, addressing the environment around the
rider including the bus, its fellow passengers, and other aspects
of the ride.
Community Council of Phoenix
Phoenix, Arizona
Improve the mobility of persons with disabilities
by increasing trips on wheelchair-accessible bus routes operated
by the Phoenix Transit System through outreach, education, and
marketing programs.
PROJECT ACTION
DEMONSTRATION PROJECTS
- PHASE II -
Bear River Association of Governments
Logan, Utah
Priority: Community Identification
With Utah State University and the Logan Transit
District, develop and test a statistical model for identifying
transit needs of persons with disabilities.
Lifespan Associates
Akron, Ohio
Priority: Community Identification
Work with public transportation providers, human
service agencies, and the disability community in Ohio and Pennsylvania
to identify transit needs based on statistical surveys and personal
interviews.
Community Council, Inc.
Phoenix, Arizona
Priority: Develop Outreach and Marketing Strategies
Encourage people ineligible for ADA complimentary
paratransit to use accessible fixed route services.
The Arc
Arlington, Texas
Priority: Develop Training Programs for Transit Providers
Develop a communications skills program for Fort
Worth transit personnel to more effectively assist persons with
disabilities, especially those with cognitive impairments.
KRW, Incorporated
Alexandria, Virginia
Priority: Develop Training Programs for Transit Providers
Nationwide training of transit personnel covering
a wide range of real life situations with funding from the Architectural
and Transportation Barriers and Compliance (Access) Board.
Transit Authority of River City
Louisville, Kentucky
Priority: Develop Training Programs for Transit Providers
Work with the Disabled Citizens Computer Center
to develop a computer-based interactive program to train transit
personnel on their responsibilities under ADA.
City of Napa
Napa, California
Priority: Develop Training Programs for Transit Users with Disabilities
Develop a model travel training program that can
be easily used by other small, rural transit systems around the
country.
Easter Seal of Southwest Florida
Sarasota, Florida
Priority: Develop Training Programs for Transit Users with Disabilities
Train selected adults and youth with disabilities
on the use of accessible public transportation; conduct a "Train
the Trainer" program at the end of the project period.
Washington Metropolitan Area Transit Authority
Washington, D.C.
Priority: Develop Training Programs for Transit Users with Disabilities
Carry out a model travel training assistance program
that will lead to the training of approximately 200 people with
a variety of disabilities.
New York Easter Seal Society
Albany, New York
Priority: Develop Training Programs for Transit Users with Disabilities
Launch an innovative project for training selected
high school seniors and new graduates with disabilities on using
public transportation.
Cleveland Clinic Foundation and Services for Independent
Living, Inc.
Cleveland, Ohio
Priority: Apply Technology to Eliminate Barriers
Field test a universal securement prototype device
for use on fixed route and paratransit systems under climatic
conditions in three locations.
Boston College, Department of Psychology
Chestnut Hill, Massachusetts
Priority: Apply Technology to Eliminate Barriers
Research the safety and usability of sloped area
with detectable warnings that are safe and usable by persons with
visual impairments.
Cerenio Management Group
San Francisco, California
Priority: Assist Private Entities
Carry out a comprehensive sensitivity and ADA training
program for all Super Shuttle management staff nationwide.
International Taxicab and Livery Association
Kensington, Maryland
Priority: Assist Private Entities
Develop a user-friendly handbook which will address
the many ADA issues affecting private sector transportation entities.
The Kennedy Center, Inc.
Bridgeport, Connecticut
Priorities: Develop Training Programs for Transit Users with Disabilities,
Outreach Programs, and Feeder Service
Train persons with cognitive impairments and multiple
disabilities on using accessible public transportation.
Maryland Department of Transportation
Baltimore, Maryland
Priorities: Develop Training Programs for Transit Users with Disabilities
and Outreach Programs
Undertake multiple activities including training
persons with disabilities ineligible for ADA complimentary paratransit
to use bus, rail, and light rail services; train transit personnel.
Easter Seal Rehabilitation Center of Central Connecticut
Meriden, Connecticut
Priorities: Develop Outreach & Marketing Strategies, and Develop
Training Programs for Transit Providers
Develop, implement, and evaluate a training program
for students with disabilities who are transitioning from public
school to work or higher education; sensitivity and service training
for transit personnel.
Focus on Community Understanding & Services,
Inc.
Columbus, Ohio
Priorities: Identify People with Disabilities, Develop Outreach
& Marketing Strategies, Develop Training Programs for Transit
Users with Disabilities and Advocacy
Launch an expanded program of outreach, community
identification, and training of people with disabilities on the
use of accessible public transportation services; serve as an
advocate for people with disabilities on behalf of the ADA.
Research Foundation, City University on behalf of
Barauch College Computer Center for the Visually Impaired
New York, New York
Priorities: Develop Outreach and Marketing Strategies and Develop
Training Programs for Users with Disabilities
Embark on an aggressive program of community outreach,
marketing, and consumer training to educate consumers in New York
City with visual, cognitive, and other impairments on the use
of innovative tactile maps.
Topeka Independent Living Resource Center, Inc.
Topeka, Kansas
Priorities: Identify People with Disabilities, Develop Outreach
and Marketing Strategies, & Develop Training Programs for Transit
Users with Disabilities
Undertake a program of community identification,
outreach, and consumer training aimed at reducing dependency on
paratransit services, increasing ridership among persons with
disabilities on accessible fixed route services.
Urbitran Associates, Inc.
New York, New York
Priorities: Develop Outreach and Marketing Strategies & Develop
Training Programs for Transit Users with Disabilities
Develop and test a program of outreach and marketing
and consumer training targeted at persons ineligible for ADA complimentary
paratransit services on the use of Madison's new service-route
buses.
York County Transportation Authority
York, Pennsylvania
Priorities: Develop Training for Transit Providers and Users with
Disabilities
Develop and carry out an innovative training program
for transit personnel and people with disabilities on the ADA
and how to interact constructively with each other.
APPENDIX
F NATIONAL INSTITUTE
ON DISABILITY AND
REHABILITATION RESEARCH (NIDRR)
Regional Disability and Business Technical
Assistance Centers
Toll-free telephone number for all centers: 800-949-4232
Regional Center I:
Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island,
Vermont
New England Disability and Business Technical Assistance
Center
145 Newbury Street
Portland, Maine 04103
207-874-6535 (Voice/TDD)
207-780-4417 (Fax)
Regional Center II:
New Jersey, New York, Puerto Rico, Virgin Islands
Northeast Disability and Business Technical Assistance
Center
354 South Broad Street
Trenton, New Jersey 08608
609-392-4004 (Voice)
609-392-7044 (TDD)
609-392-3505 (Fax)
Regional Center III:
Delaware, District of Columbia, Maryland, Pennsylvania, Virginia,
West Virginia
Mid-Atlantic Disability and Business Technical
Assistance Center
2111 Wilson Boulevard, Suite 400
Arlington, Virginia 22201
703-525-3268 (Voice/TDD)
703-525-6835 (Fax)
Regional Center IV:
Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina,
South Carolina, Tennessee
Southeast Disability and Business Technical Assistance
Center
1776 Peachtree Road
Suite 310, North
Atlanta, Georgia 30309
404-888-0022 (Voice)
404-888-9006 (TDD)
404-888-9091 (Fax)
Regional Center V:
Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin
Great Lakes Disability and Business Technical Assistance
Center
1640 West Roosevelt Road (M/C 627)
Chicago, Illinois 60608
312-413-1407 (Voice/TDD)
Regional Center VI:
Arkansas, Louisiana, New Mexico, Oklahoma, Texas
Southwest Disability and Business Technical Assistance
Center
2323 South Shepherd Boulevard, Suite 1000
Houston, Texas 77019
713-520-0232 (Voice)
713-520-5136 (TDD)
713-520-5785 (Fax)
Regional Center VII:
Iowa, Kansas, Nebraska, Missouri
Great Plains Disability and Business Technical
Assistance Center
4816 Santana Drive
Columbia, Missouri 65203
314-882-3600 (Voice/TDD)
314-882-1727 (Fax)
Regional Center VIII:
Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming
Rocky Mountain Disability and Business Technical
Assistance Center
3630 Sinton Road, Suite 103
Colorado Springs, Colorado 80907-5072
719-444-0252 (Voice)
719-444-0268 (TDD)
Regional Center IX:
Arizona, California, Hawaii, Nevada, Pacific Basin
Pacific Coast Disability and Business Technical
Assistance Center
440 Grand Avenue, Suite 500
Oakland, California 94610
510-465-7884 (Voice)
510-465-3172 (TDD)
510-465-7885 (Fax)
Regional Center X:
Alaska, Idaho, Oregon, Washington
Northwest Disability and Business Technical Assistance
Center
605 Woodview Drive
Lacey, Washington 98503
206-438-3168 (Voice)
206-438-3167 (TDD)
206-438-4014 (Fax)
National ADA Technical Assistance Grants
Coordinator
Contractor
Raymond Glazier
Abt Associates, Inc.
55 Wheeler Street
Cambridge, Massachusetts 02138-1168
617-492-7100
617-492-5219 (Fax)
APPENDIX
G FUNDING PARTNERSHIP FOR PEOPLE
WITH DISABILITIES
- PROJECT SUMMARIES -
Recording for the Blind
Washington, DC
Coalition for Information Access for Print-handicapped
Readers Project
Create automated Comprehensive Listing System for
education materials available in North America in alternative
format. Objectives: 1) facilitate access to bibliographic information,
2) make books available nationally, 3) facilitate inter-agency
referral, 4) eliminate duplication
Denver Center for Independent Living
Denver, CO
Help people with disabilities acquire skills, information,
and support by giving them vouchers to purchase independent living
services.
Association for Retarded Citizens of Natrona County
Caster, WY
Integrate children with mental retardation into
"latchkey" programs and introduce children without disabilities
to their disabled counterparts in recreational settings.
Rural Minnesota CEP, Inc.
Detroit Lakes, MN
Comprehensive employment services for youth with
disabilities.
Brooklyn Center for Independence of the Disabled
Brooklyn, NY
Establish an Access to the Workplace Center to educate
Brooklyn employers about ADA and related laws and the technology,
resources, and strategies relevant to hiring people with disabilities
and mainstreaming them on the job. Provide tailored services to
employers.
Drexel University Office of Research Administration
Philadelphia, PA
Research the potential of assistive technologies
to benefit children with motor disabilities.
Partners for Disabled Youth, Inc.
Boston, MA
Transfer successful youth with disabilities entrepreneurship
skills program from New York to Boston and assure long-term commitment
from adults with disabilities (to act as program mentors) and
from local business community.
Hospital Audiences, Inc. (HAI)
New York, NY
Access to Places of Assembly: 1) create manual to
replicate accessibility surveys of recreational/cultural sites,
2) produce pamphlets and video for specific types of places of
assembly, 3) conduct seminars for site managers, 4) disseminate
products.
Goodwill Industries of Fort Worth, Inc.
Fort Worth, TX
Provide ADA training to 84 businesses in a seven-county
area over two years, resulting in employment of 67 people with
disabilities. Specifically focus on ADA's employment provisions.
Stout Vocational Rehabilitation Institute, University
of Wisconsin
Menomonie, WI
Develop and demonstrate effective ADA implementation
for small employers. The project employs training, technical assistance,
and direct service to demonstrate effectiveness of integrating
and accommodating people with disabilities.
International Center for the Disabled
New York, NY
Pediatric Functional Capacity/Pre-Vocational Assessment
Program. Provide and improve medical rehabilitation and pre-vocational
services to students with disabilities in the NY public school
system.
Foundation for Exceptional Children
Reston, VA
Create links with Chambers of Commerce to help youths
with disabilities find jobs. This project replicates a successful
program, "Team Work," in which adult mentors help young people
with disabilities make the transition from school to work.
Opportunity Village Assoc. for Retarded Citizens
Las Vegas, NV
Provide transportation through Share-a-Ride program
for disabled citizens who wish to work in the community.
Full Citizenship, Inc.
Lawrence, KS
Provide informational resources to improve employer
awareness of and knowledge about employment of people with disabilities.
Provide on-going support and technical assistance for employers.
Casa Colina Hospital for Rehabilitative Medicine
Pomona, CA
Low-cost self-help groups to support individuals
with disabling low back pain to enable them to return to a more
productive life. Develop educational materials and optimal procedures.
Association of Retarded Citizens of New Jersey
North Brunswick, NJ
Develop educational materials to teach women with
developmental disabilities about women's health issues. Workbooks
and videotape for consumers; separate set for families and staff.
Kansas Elks Training Center for the Handicapped,
Inc.
Wichita, KS
Hire worksite consultant to enhance activities of
Employer Training Center (business/agency co-venture) to 1) establish
model employment sites in small to mid-sized businesses and 2)
provide site assessments, on-site consultation, and management
training to area businesses.
Kent State University
Kent, OH
A model employer education and technical assistance
program covering a seven-county area in Ohio. More than 1,500
employers and human resource professionals provided with information
on the ADA. Speakers bureau for presentations to civic and professional
groups.
National Chamber Foundation
Washington, DC
Study to 1) survey state and local Chambers on willingness
to work with disability community on ADA, 2) evaluate and categorize
funding partnership efforts and other community approaches, 3)
disseminate findings through a report and a national conference.
St. Joseph Rehabilitation Hospital & Outpatient
Center
Albuquerque, NM
Care Giver Training Material Development and Distribution.
Develop and distribute a video and workbook to educate family
care-givers on the proper techniques to physically assist disabled
family members. Materials in English and Spanish and distributed
free of charge.
American Bar Association, Commission on Mental &
Physical Disabilities
Washington, DC
Develop ADA Resource Manual to help employers understand
obligations to applicants/employees with mental illness and provide
suggestions to fulfill those obligations.
The Institute for Rehabilitation & Research
Houston, TX
A Model for Municipal Compliance with ADA.
Establish a municipal coalition to develop, test,
and disseminate a model approach for evaluating municipal compliance
with ADA.
Mobility International USA
Eugene, OR
A Proactive Approach to ADA: A Community Access
Model.
Develop a cost-effective, efficient model program
for organizations to use in implementing the ADA.
TransCen, Inc.
Rockville, MD
Develop a statewide coalition to provide disability
awareness training and technical assistance to the state's business
community: train-the-trainer seminars; disability awareness training
and reasonable accommodation seminars; implementation manual.
Center for Independence of the Disabled in New York
New York, NY
Train a large team of people with disabilities,
employers, civic leaders, and parents as trainers and advocates
in the areas of reasonable accommodation; form a long-term coalition
with the project partners that the community will utilize as an
ongoing resource.
Council of Better Business Bureaus' Foundation
Arlington, VA
Promote compliance with Title III (Public Accommodations)
of the ADA by providing public education, training, and technical
assistance on requirements, compliance options, and dispute resolution.
Self Help for Hard of Hearing People, Inc.
Bethesda, MD
Produce and disseminate six guidebooks addressing
access and employment for hearing impaired individuals for the
hospitality, airport, and hospital industries.
Foundation for Technology Access (FTA)
Albany, CA
Demonstrate ability of computer technology to promote
integration, employment, and independence through FTA's national
network of community-based computer resource centers.
National Association of Counties County Health Policy
Project
Washington, DC
County Government as Leaders in the Implementation
of the ADA.
Forge partnerships between county governments in
the state of Maryland and local disability communities to facilitate
optimal implementation of ADA. Develop model for replication.
Rochester Center for Independent Living, Inc.
Rochester, NY
Develop voluntary compliance with ADA through cost-effective
and efficient dissemination of information and compliance assistance,
including mediation services, to the groups targeted by ADA.
The Foundation of Employment & Disability, Inc.
Torrance, CA
Inform 20,000 small business owners and managers
of their responsibility under the ADA and promote willingness
to comply and find cost-effective ways to do so.
Pratt Institute
Brooklyn, NY
Support a two-day conference to exchange current
information on design issues that affect people with impaired
mobility, vision, and hearing.
The Center for Rehabilitation Services at Theda Clark
Reg.
Neenah, WI
Quick Program: Transdisciplinary evaluation of medical
rehabilitation and psychological needs of people with disabilities.
Develop a case management model and cost/benefit analysis.
Access Living
Chicago, IL
Coalition for Architectural Access.
Develop reference materials that integrate the architectural
accessibility regulations of the ADA and other laws and train
individuals with disabilities and architects in the standards.
APPENDIX
H SELECTED ADA-RELATED VIDEOCASSETTES
American Federation for the Blind
"Making the ADA Work for You"
Building Owners and Managers Association International
"The Americans With Disabilities Act
Title III: Public Accommodations and Commercial Facilities"
California Chamber of Commerce
"ADA: What Every Manager Must
Know"
"ADA Interviewing Do's and Don't's"
Disability Rights Education and Defense Fund
"Open for Business"
Film & Video, Inc.
"ADA Facts & Fears"
National Easter Seal Society
"Party"
"Wheelchair"
"Nobody is Burning Wheelchairs"
"Pizza"
"Providing Public Transportation to Everyone"
"Bus"
National Restaurant Association
"A Warm Welcome"
President's Committee on Employment of People with
Disabilities
"Part of the Team"
APPENDIX
I ACCESS BOARD PROPOSED ADA RESEARCH
AGENDA
(as published in the Federal Register, Vol.
57, No. 92)
- Medical Facilities Examination Equipment
- Windows
- Signage and Orientation Information for Persons
Who Are Visually Impaired or Blind
- Engraved Signage
- Special Provisions for Alterations to Buildings
and Facilities
- Space and Reach Range Requirements for Persons
Using Power Wheelchairs and Three-Wheeled Scooters
- Protruding Objects
- Detectable Warnings, Handrail Extensions, and Tread
Markings for Persons With Visual Impairments
- Diagonal and Circular Stairs
- Bathing Facility Accessibility
- Under Table and Fixed Seating Depth Requirements
- Automated Teller Machines (ATMs) and Point of Sale
Machines
- Homeless Shelters
- Chemical and Environmental Sensitivities
- Ramp Slope
- Swimming Pools
- Health Club Equipment
- Standardization of Audible Alarms
- Public Information for Persons With Hearing Impairments
- Transportation Facilities: Signage Along Circulation
Paths and Station Identification Signs
- Airports: Security Systems
- Boats and Ferries
- Vehicle Ramps
- Steps on Buses, Light Rail, Commuter Rail, and
Intercity Rail Cars
- Vehicle Doors: All Vehicle Modes
- Interior Lighting on Buses
- Intercity Rail Car Restrooms and Sleeping Rooms
- Lifts: Vehicle Interlock on Commuter and Intercity
Trains
- Electric Cart Accessibility
- Floor Surfaces: Carpet Weave
- Pedestrian Overpasses
NATIONAL
COUNCIL MEMBER AND STAFF BIOGRAPHIES National
Council Members
John A. Gannon, Acting Chairperson
John Gannon of Cleveland, Ohio, and Washington, D.C.,
founded John A. Gannon and Associates. His firm has offices
in Columbus and Cleveland, Ohio; Denver, Colorado; and Washington,
D.C. A fire fighter for more than 30 years, Mr. Gannon was an active
leader of the International Association of Fire Fighters (IAFF)
Local 93. Starting as a member of the local IAFF committee, he eventually
became president, a position he held for 10 years before being elected
to national office.
In September 1988, Mr. Gannon was elected IAFF president
emeritus. He had served as President of the 170,000-member organization
since 1980. Under his leadership, the IAFF expanded its role in
occupational safety and health. Concerned about the hazards of his
profession, he guided and directed a series of programs to promote
greater safety and health protection. One program sponsored research
on safer garments and equipment for fire fighters. Mr. Gannon
also fostered development of the IAFF Burn Foundation, which raises
funds for research on the care of people who have experienced severe
burns. In 1985, the Metropolitan General Hospital in Cleveland dedicated
the John Gannon Burn and Trauma Center in recognition of his support
for the hospital.
Mr. Gannon was elected vice president of the AFL-CIO,
with which the IAFF is affiliated. Within the AFL-CIO, he is vice
president of the Public Employee Department. On the Executive Council,
he is a member of several committees. He serves on the board of
the National Joint Council of Fire Service Organizations and in
1982 served as its chairman. He is a member of the board of the
Muscular Dystrophy Association. Mr. Gannon attended Miami University
in Ohio and Glasgow University in Scotland, and studied at Baldwin-Wallace
College and Cleveland State University.
A. Kent Waldrep, Jr., Vice Chairperson
Kent Waldrep has been involved with disability issues
on the local, state, and national levels since his spinal cord injury
in 1974 while playing football for Texas Christian University. Since
1981, Mr. Waldrep has served on the National Council. Beyond serving
as vice chairperson, he serves as chairman of the Research and Prevention
Committee. He was instrumental in formulating the National Council
initiative on preventing primary and secondary disabilities.
Mr. Waldrep, one of 15 original drafters of the Americans
with Disabilities Act, gave the legislation its name. He has lectured
nationwide on subjects ranging from national disability policy to
medical research targeted at curing paralysis. He founded the American
Paralysis Association and the Kent Waldrep National Paralysis Foundation.
He has appeared on Good Morning America, the Today Show,
the NBC Nightly News, and CNN, and has been featured in People,
Look, USA Today, and other magazines.
He was selected by the U.S. Jaycees as one of 1985's
ten Outstanding Young Men in America and received a special award
from the Texas Sports Hall of Fame and a sports/fitness award from
the President's Council on Physical Fitness. Kent Waldrep Days have
been celebrated in four Texas cities and Birmingham, Alabama. He
serves on many boards, including the Texas Rehabilitation Commission.
He is past chairman of the Texas Governor's Committee for Disabled
Persons and the Dallas Rehabilitation Institute. He also is chairman
of Turbo-Resins, Inc., a family-owned and -operated aviation repair
business. He lives in Plano, Texas, with his wife, Lynn, and two
sons, Trey and Charles Cavenaugh.
Linda Wickett Allison
Linda Allison of Dallas, Texas, is a long-time advocate
of people with disabilities. She is a board member of the National
Paralysis Foundation and a trustee for the International Spinal
Research Trust. Mrs. Allison, who grew up in Fort Worth, has three
children. Her daughter, Marcy, was paralyzed from the waist down
in a 1979 automobile accident. Marcy graduated from the University
of Texas School of Law in 1986 and practices law in Austin. Mrs. Allison's
late husband, James N. Allison, Jr., owned the Midland Reporter
Telegram and other newspapers in Texas and Colorado and was
a deputy chairperson of the Republican National Committee.
Ellis B. Bodron
Ellis Bodron of Vicksburg, Mississippi, has been
a practicing attorney since 1947. He served 36 years as a member
of the Mississippi legislature, one term in the House of Representatives,
and eight terms in the Mississippi Senate. He also chaired the Senate
Finance Committee from 1961 until 1983.
Mr. Bodron, who is blind, is associated with several
civic organizations, including the Vicksburg Lions Club, Vicksburg
Chamber of Commerce, and the University of Mississippi Alumni Association.
In addition, he is a member of the Advisory Board of Directors,
Deposit Guaranty National Bank.
Mr. Bodron has also been a member of the Agriculture
and Industrial Board, which preceded the Board of Economic Development,
and the Committee of Budget and Accounting and the Board of Trustees
of the Mississippi Public Employees Retirement System. He graduated
with a Bachelor of Arts and a Bachelor of Law Degree from the University
of Mississippi. He is married with two children.
Larry Brown, Jr.
Since 1981, Larry Brown of Potomac, Maryland, has
been the Xerox business and community relations manager for the
Mid-Atlantic Region, Coastal Operations, Custom Systems Division.
In 1991, he became government and community relations manager with
Integrated Systems Operations.
Mr. Brown was a running back for the Washington Redskins
for eight years. During that time, he received many awards, including
Most Valuable Player in the National Football League for 1972. He
was inducted into the Washington, D.C., Touchdown Club Hall of Fame
in 1991.
After retiring from football in 1977, he worked at
E.F. Hutton as a personal financial management adviser. He has been
special assistant to the director, Office of Minority Business Enterprise,
Department of Commerce. He is involved with youth, people with disabilities,
and senior citizens. Mr. Brown has spoken at schools, colleges,
and universities on topics such as motivation, discipline, and camaraderie.
He works with many organizations, including the Friends of the National
Institute on Deafness and Other Communication Disorders, the Deafness
Research Foundation, and the Vincent Lombardi Foundation.
Mary Ann Mobley Collins
A former Miss America who lives in Beverly Hills,
California, Mary Ann Mobley Collins has a career in film, television,
and on Broadway. She has co-hosted National March of Dimes telethons
with her husband, Emmy-award-winning actor Gary Collins; she is
a member of the National Board of the March of Dimes Foundation
and is national chair of the Mother's March Against Birth Defects.
She is a member of SHARE, a Los Angeles-based women's organization
that has raised more than $6 million for the Exceptional Children's
Foundation for the Mentally Retarded. She serves on the National
Board of the Crohns and Colitis Foundation.
Mrs. Collins helped raise funds for the Willowood
Foundation in her native Mississippi, which provides homes for young
adults with mental and physical disabilities. She has received many
awards and honors, including the 1990 International Humanitarian
Award from the Institute for Human Understanding, Woman of Distinction
1990 from the National Foundation for Ileitis and Colitis, and the
HELP Humanitarian Award of 1985 from HELP for Handicapped Children.
She has filmed documentaries in Cambodia, Ethiopia, Mozambique,
Somalia, Kenya, Sudan, and Bolivia on the plight of starving children
and people with disabilities.
Anthony H. Flack
Anthony Flack of Norwalk, Connecticut, is president
of Anthony H. Flack & Associates. He has been a member of the
board of Families and Children's Aid of Greater Norwalk and has
worked with the Child Guidance Center of Greater Bridgeport, the
Youth Shelter in Greenwich, Hall Neighborhood House in Bridgeport,
and the Urban League of Greater Bridgeport. Mr. Flack is a member
of the Allocations and Admissions Committee, United Way of Norwalk,
and received the Bell Award for outstanding service in the field
of mental health at the Bridgeport Chapter, Connecticut Association
of Mental Health.
Robert S. Muller
Robert Muller of Grandville, Michigan, began his
career with Steelcase, Inc., in 1966 and is now an administrator
in human resources. He is an adjunct professor in the Department
of Psychology at Aquinas College and in the Department of Education
at Calvin College in Grand Rapids. He serves on the Board of Trustees
for Hope Network and Foundation in Grand Rapids, which serves 1,700
adults with disabilities. In April 1981, he received an honorary
degree in educational psychology from the Free University in Amsterdam,
The Netherlands.
Mr. Muller holds a B.S. in business administration
from Aquinas College and in 1978 was voted Outstanding Alumnus of
the Year. He has lectured at colleges and universities nationally
and internationally. He is a board member for several national,
state, and local organizations.
In May 1987, Mr. Muller and his wife Carol hosted
a first-time event at the White House with the Vice President. The
Celebration of Disabled Americans at Work was cosponsored by several
major corporations. Mr. Muller now serves as president of the National
Roundtable on Corporate Development for Americans with Disabilities.
In 1985, he received the Liberty Bell Award from the Grand Rapids
Bar Association. In 1988, he was national co-chair of the Disabled
Americans for President Bush Campaign and in 1992 was an honorary
national member of the Bush/Quayle Disability Coalition Campaign.
In November 1992, Mr. Muller was appointed to the Governor's Commission
on Handicapped Concerns for Michigan.
George H. Oberle, PED
Dr. George Oberle of Stillwater, Oklahoma, has more
than 40 years' experience in the field of health, physical education,
and recreation. He began his career as a high school teacher and
coach and has been a professor and director of the School of Health,
Physical Education, and Leisure at Oklahoma State University since
1974. Dr. Oberle is a consultant to many organizations in the areas
of administration and adaptive physical education. In 1988, he worked
with the Kennedy Foundation to organize and direct a new program
of Unified Sports for the Special Olympics.
Dr. Oberle chaired the College and University Administrators
Council (1980-82); was president of the Association for Research,
Administration, Professional Councils and Societies (1984-87); and
served as a board member of the American Alliance of Health, Physical
Education, Recreation and Dance (1985-89). His awards include the
1985 Centennial Award from the American Association of Health, Physical
Education, Recreation and Dance; and meritorious service awards
from Indiana and Oklahoma.
He was selected for Men of Achievement in
1975 and recognized in Who's Who of the Southwest in 1977.
Dr. Oberle received his doctorate from Indiana University in administration
and adapted physical education. He lectures extensively about wellness
promotion, adapted physical activity, and sports and recreation
for people with disabilities.
Sandra Swift Parrino
As a member and former chairperson of the National
Council, Sandra Swift Parrino has played an active role in key issues
affecting the lives of people with disabilities. Nominated
by President Reagan in 1982, appointed chairperson by the President
in 1983, and reappointed by President Bush, Sandra Swift Parrino
has supported the rights of people with disabilities before Congress,
in the media, and before groups nationwide. Under her leadership,
the National Council has been a driving force to create public policies
that affect the nation's people with disabilities.
During her tenure as chairperson, the National Council
worked for the creation and enactment of legislation for people
with disabilities; issued policy statements such as National
Policy for Persons With Disabilities; convened hearings nationwide
to solicit comments and recommendations from people with disabilities
about how to eliminate discrimination; issued a major report, Toward
Independence, that outlines key components of a comprehensive
civil rights law protecting people with disabilities; initiated
the first national survey of attitudes and experiences of Americans
with disabilities, in conjunction with Louis Harris and Associates,
Inc.; issued On the Threshold of Independence, a report outlining
specifics of the Americans with Disabilities Act; created and developed
the Americans with Disabilities Act; participated with President
Bush at the signing of the Americans with Disabilities Act; conducted
the first National Conference on the Prevention of Primary and Secondary
Disabilities; issued reports on minorities with disabilities and
personal assistance services; and planned reports on health insurance,
financing assistive technology, and educating students with disabilities.
Before becoming National Council chairperson, Sandra
Parrino founded and directed the Office for the Disabled in Ossining
and in Briarcliff Manor, New York, where she created a regional
program for public and private organizations that focused on programs
for people with disabilities and compliance with Section 504.
She has more than 25 years' experience on boards, councils, commissions,
committees, and task forces at the federal, state, regional, and
local levels and as an expert witness, community leader, organizer,
and activist.
Mrs. Parrino has represented the U.S. government
on disability issues in many countries. She has been invited by
the Department of State to represent the United States at the Meetings
of Experts in Finland and China, and represented the United States
at the United Nations Center for Social Development in Vienna several
times. In 1990, 1991, and 1992 she was a delegate at the Third Committee
on Social Development of the United Nations. In 1991, she was invited
by the People's Republic of China to assist them in their efforts
to help people with disabilities. At the request of the government
of Czechoslovakia, she and the National Council were invited to
conduct the Eastern European Conference on Disabilities for participants
from Czechoslovakia, Poland, and Hungary.
Mrs. Parrino graduated from Briarcliff College with
a B.A. in history and completed courses at Bennett College, GuildHall
School of Drama in London, and the Yale School of Languages. In
1992, Mrs. Parrino received an Honorary Doctorate of Humane Letters
from St. John's University in New York. Her husband Richard is a
rheumatologist. They have three children, two of whom have disabilities.
Sandra Parrino was born in New Haven, Connecticut, and lives in
Briarcliff Manor, New York.
Mary Matthews Raether
Mary Matthews Raether of McLean, Virginia, is associated
with St. John's Child Development Center, a nonprofit organization
providing instruction, employment training, and independent and
group home living skills for people with severe mental disabilities,
especially autism. Mrs. Raether has been an officer and trustee
of St. John's since 1985, has chaired the public relations committee,
and participated on the executive, nominating, investment, and development
committees.
Mrs. Raether has been active in civic, educational,
and religious organizations in the Washington metropolitan area.
While community vice president of the Junior League of Washington,
she developed emergency grant procedures and fund-raising information
services for small and emerging nonprofit organizations. Mrs. Raether
has 10 years' experience as legislative assistant to Representatives
George Bush and Barber Conable. She specialized in tax, Social Security,
Medicare/Medicaid, and trade issues. She considers her efforts in
clarifying the tax status of lobbying by nonprofit organizations
an outstanding career accomplishment. She received a B.A. from the
University of Texas at Austin in 1962. She is married and has two
children.
Shirley W. Ryan
Shirley W. Ryan, of Kenilworth, Illinois, is president
and co-founder of the Pathways Center for Children, an outpatient,
individualized neurodevelopmental therapy center for children with
delayed gross or fine motor activity and/or motor-based eating problems.
In a related activity, Mrs. Ryan is president and co-founder of
Pathways Awareness Foundation, a public health care awareness organization
that focuses on issues that include child development problems and
procedures for early infant assessment of children with special
needs.
As part of her outreach commitment to the community,
Mrs. Ryan serves as a trustee for the Ronald McDonald's Children's
Charities and also is director of the United Cerebral Palsy Association
of Chicago. She also participates as an Executive Committee member
for the Chicago Community Trust, a public foundation that makes
awards in the areas of health, social services, education, civic
affairs, and arts and humanities.
Her other activities include service as vice chairman,
Board of Directors, Chicago Council on Foreign Relations; founder,
Northwestern University graduate school invitational course; founding
member, Northwestern University Women's Board; and director, Chicago
Foundation on Education.
Mrs. Ryan's mission continues to focus on helping
children with movement difficulties and their families. Thanks to
her vision and perseverance, hundreds of thousands of Americans
have learned what signs in a baby's physical development may signal
delayed development and the need for assistance. Mrs. Ryan is married
and has three children.
Anne Crellin Seggerman
Anne Crellin Seggerman of Fairfield, Connecticut,
is the founder of Fourth World Foundation, Inc., a company engaged
in the development of interfaith media.
A member of the Bridgeport Urban Gardens and Youth
at Risk/ Breakthrough Foundation, Mrs. Seggerman founded and serves
as the chairman of the board of the Fairfield County Chapter of
Huxley Institute for Biosocial Research. She previously was
a member of the President's Committee on Mental Retardation.
Mrs. Seggerman is listed in Who's Who of American
Women and has received numerous honors including an Honorary
Doctor of Humane Letters award from Sacred Heart University. She
is a member of the Association of Knights and Ladies of the Holy
Sepulchre, and the American Association of the Order of Malta. She
was previously appointed to serve on the Housing of Handicapped
Families Committee of the Department of Housing and Urban Development.
Mrs. Seggerman is experienced in providing care,
treatment, and rehabilitation to people with schizophrenia and has
extensive experience with people with alcoholism and children with
learning disabilities. She is married and has six adult children.
Michael B. Unhjem
Michael Unhjem of Fargo, North Dakota, is president
of Blue Cross Blue Shield of North Dakota. He is the youngest person
ever elected to the North Dakota House of Representatives, a member
of the National Conference of Commissioners on Uniform State Laws,
and served in 1988 as president of the National Mental Health Association.
Mr. Unhjem has been involved in local and national
organizations, including the Advisory Mental Health Council of the
U.S. Department of Health and Human Services; the Governor's Commission
on Mental Health Services; the National Alliance for Research on
Schizophrenia and Depression; and the National Mental Health Leadership
Forum. Awards include the 1989 Special Presidential Commendation
from the American Psychiatric Association, the 1988 Distinguished
Leadership Award from the North Dakota Psychological Association,
and the National Excellence in Leadership Award from North Dakota.
He has been recognized by Who's Who in American
Politics, Who's Who in North Dakota, Who's Who
in the Midwest, Personalities of America, and Men of Achievement.
Mr. Unhjem graduated magna cum laude with a B.A. in history and
political science from Jamestown College in North Dakota in 1975.
In 1978, he earned a J.D. with distinction from the University of
North Dakota School of Law in Grand Forks. He is married and has
two children.
Helen Wilshire Walsh
Helen Walsh of Greenwich, Connecticut, is a board
member of the Rehabilitation Institute of Chicago, one of the largest
rehabilitation facilities in the world. She has been involved in
disability advocacy for many years and has been associated with
the Institute of Rehabilitation Medicine at the New York Medical
Center, where she served as associate trustee. She has served as
vice president, president, and chairman of the Board of Rehabilitation
International, USA.
Ms. Walsh has been a member of the President's Committee
on Employment of People With Disabilities, and was appointed by
the president to serve as a Member of the National Advisory Council
of Vocational Rehabilitation. In 1976, Ms. Walsh received the Henry
J. Kessler Award for outstanding service in the rehabilitation field.
She has received the Rehabilitation International Award for Women
and the Anwar Sadat Award for outstanding work in the field of rehabilitation.
National Council Staff
Andrew I. Batavia
Andrew I. Batavia is executive director of the National
Council on Disability. He formerly served as research director for
disability and rehabilitation policy at Abt Associates. Prior to
joining Abt, he was associate director of the White House Domestic
Policy Council, where he was responsible for coordinating federal
policy on health care, disability, housing, education, and veterans
affairs. He received his bachelor's degree in economics and sociology
from the University of California, his master's degree in health
services research from Stanford Medical School, and his jurisdoctorate
degree from Harvard Law School.
After law school, Mr. Batavia served for two years
as an attorney for the U.S. Department of Health and Human Services.
He left that position in 1986 when he was awarded the Mary E. Switzer
Distinguished Research Fellowship in Medical Rehabilitation Finance
from the National Institute on Disability and Rehabilitation Research
(NIDRR) of the U.S. Department of Education. He then served for
four years as associate director for health services research at
the National Rehabilitation Hospital Research Center in Washington,
D.C. In that capacity, he wrote two books and more than 20 other
publications on issues of disability and health care policy.
In 1987, Mr. Batavia was made a fellow of the Washington
Academy of Sciences. In 1988, he was awarded the Distinguished Disabled
American Award from the President's Committee on Employment of People
With Disabilities. In 1989, he received an international fellowship
from the International Disability Exchanges and Studies (IDEAS)
Program of NIDRR and conducted research on how the Dutch health
care system affects people with disabilities. In 1990, he was appointed
a White House Fellow by the President and served as special assistant
to Attorney General Richard Thornburgh at the U.S. Department of
Justice.
Mr. Batavia is the founding associate editor of the
Journal of Disability Policy Studies and a cofounding board
member of Independent Living Assistance, Inc. He is an adjunct assistant
professor at the Georgetown University School of Medicine and a
member of the Bar of the U.S. Supreme Court, the Bar of the District
of Columbia, the State Bar of California, and Georgetown's Kennedy
Institute of Ethics.
Edward P. Burke
Edward P. Burke currently serves as executive assistant
to the chairperson and chief of government liaison of the National
Council on Disability. Prior to assuming this position, Mr. Burke
served as special assistant to the commissioner at the U.S. Administration
on Developmental Disabilities, where he worked closely with the
commissioner and senior staff in the management of an annual budget
in excess of $105 million supporting a nationwide network of more
than 160 programs (Developmental Disabilities Councils, Protection
and Advocacy Systems, University Affiliated Programs, and Projects
of National Significance).
Mr. Burke has also served as the executive director
of the New Hampshire Developmental Disabilities Council and executive
director of Autism Services Association in Massachusetts. He has
extensive experience in direct work with people with severe disabilities
and their family members, particularly concerning issues such as
family support, individual support and advocacy, special education
in mainstream neighborhood schools, responsible deinstitutionalization
programming, and expert court opinion.
Mr. Burke holds several degrees and certifications
in the areas of special and regular education and was awarded one
of two Winston Churchill Fellowships granted to U.S. citizens in
1979. He has considerable experience in serving as a consultant
and trainer to major government and private sector agencies in this
country and abroad around the planning, implementation, and evaluation
of programs designed to increase the independence and community
integration of people with disabilities, and he has published and
edited numerous articles and papers on both the clinical and policy
aspects of serving people with disabilities.
Billie Jean Hill
Billie Jean Hill joined the staff of the National
Council on Disability as program specialist in March 1992. Previously,
Ms. Hill was director of communications and editor for the Blinded
Veterans Association and earlier served as founding director of
a statewide broadcast service for persons with reading disabilities
with Mississippi Educational Television in her home state. She was
appointed to work on a governor's commission in Mississippi to report
on the needs of children and youth in rural Mississippi who are
disabled. Ms. Hill studied journalism and education at Mississippi
University for Women and at the University of London in England.
She serves as chairperson of the Board of Publications for the American
Council of the Blind.
Mark S. Quigley
Mark Quigley joined the staff as a public affairs
specialist in May 1990. He previously served as a consultant to
the U.S. National Commission on Drug-Free Schools. He is a former
program coordinator at the U.S. Interagency Council on the Homeless
and former director of communications at the White House Conference
on Small Business. Mr. Quigley graduated magna cum laude
in 1979 from Northern Virginia Community College in Annandale, Virginia,
with an A.A. in general studies. He received a B.A. in government
and politics in 1983, and an M.P.A. in public administration in
1990 from George Mason University in Fairfax, Virginia.
Brenda Bratton
Brenda Bratton, executive secretary for the National
Council, was formerly employed as a secretary at the National Transportation
Safety Board. Ms. Bratton graduated from Farmville Central High
School and the Washington School for Secretaries.
Stacey S. Brown
Stacey Brown is staff assistant to the chairperson
and has been employed by the National Council since 1986. Prior
experience includes employment as a receptionist and clerk with
the Board for International Broadcasting and with the Compliance
and Enforcement Unit of the Architectural and Transportation Barriers
Compliance Board, where he was a student assistant. Mr. Brown is
a graduate of Howard University in Washington, D.C., where he earned
a B.A. in political science in 1987.
Janice Mack
Janice Mack, who serves as the administrative officer
for the National Council, was formerly employed with the National
Oceanic and Atmospheric Administration. Ms. Mack graduated from
Calvin Coolidge High School.
Lorraine Williams
Lorraine Williams is office automation clerk for
the National Council. She graduated from Valdosta High School in
Valdosta, Georgia, and attends Strayer College, where she is majoring
in computer information systems science.
1 The individuals
mentioned above are only a few of the key people who made the ADA
possible. The roles of other key members of Congress, such as Senators
Bob Dole and George Mitchell, and disability advocates, such as Pat
Wright and Paul Marchand, will be addressed in a comprehensive history
of the ADA currently being commissioned by the National Council.
|