The Americans with
Disabilities Act: Ensuring Equal Access to the American Dream
January 26, 1995
National Council on Disability
1331 F Street N.W., Suite 1050
Washington, D.C. 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
January 26, 1995
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, The Americans with Disabilities Act: Ensuring Equal Access to the American Dream. Under its Congressional mandate, the National Council on Disability is charged with the responsibility to gather information on the implementation, effectiveness, and impact of the Americans with Disabilities Act. This report measures progress to date in the implementation of this landmark civil rights legislation from the perspectives of people with disabilities, private sector representatives, local, State, and Federal government officials, and national experts in the field of disability policy.
Overall, impressive progress has occurred in the implementation of the Americans with Disabilities Act. However, given the many areas where compliance has not yet been achieved and in recognition of the relatively brief time in which the law has been in effect, it is clear that further efforts are necessary in order to increase public awareness of the Act, provide education and clarification regarding the provisions of the Act to covered entities, and provide resources necessary to both encourage voluntary compliance and to ensure effective enforcement.
Today, as we observe -- and celebrate -- further progress in the full implementation of the Americans with Disabilities Act, I would once again pledge our unwavering commitment to ensuring that equality of opportunity, full participation, independent living, and economic self-sufficiency become realities in the lives of Americans with disabilities. Under your leadership I remain confident that we can continue to build an America where all citizens have equal access to the American dream.
Sincerely,
Marca Bristo
Chairperson
(This same letter was sent to the President Pro Tempore of the Senate and the Speaker of
the House of Representatives.)
NATIONAL COUNCIL ON DISABILITY MEMBERS AND STAFF
Members
Marca Bristo, Chairperson
John A. Gannon, Vice Chairperson
Linda W. Allison
Ellis B. Bodron
Larry Brown, Jr.
Mary Ann Mobley Collins
Anthony H. Flack
Robert S. Muller
Bonnie O'Day
Mary M. Raether
Shirley W. Ryan
Anne C. Seggerman
Michael B. Unhjem
Kate Pew Wolters
Staff
Speed Davis, Acting Executive Director
Billie Jean Hill, Program Specialist
Mark S. Quigley, Public Affairs Specialist
Brenda Bratton, Executive Secretary
Stacey S. Brown, Staff Assistant
Janice Mack, Administrative Officer
Ramona Lessen, Assistant to the Chairperson
This report was prepared under contract by Edward P. Burke
ACKNOWLEDGEMENTS
The National Council on Disability wishes to thank the many government officials who
participated in its meetings on the Americans with Disabilities Act (ADA) and provided
data regarding their efforts to implement the ADA. Most of all, the Council wishes to
thank the many consumers, advocates, and representatives of both public and private
sector agencies who shared their experiences, suggestions and valuable time with us in
order to assist us in our ongoing efforts to assesss the implementation, effectiveness, and
impact of the Americans with Disabilities Act. Finally, the Council wishes to express its
appreciation to the staff, and Edward P. Burke whose hard work made this report
possible.
TABLE OF CONTENTS
Introduction
The Americans with Disabilities Act: Values We Can Agree On
The Americans with Disabilities Act: Early Signs of Success
The Americans with Disabilities Act: Where We Are Today
National Meeting of Experts on the Americans with Disabilities Act
Correct Current Misunderstandings Regarding the Americans with Disabilities Act
Improve Educational Efforts Regarding the Americans with Disabilities Act
Clarify and Strengthen the Legal Framework Surrounding the Americans with Disabilities Act
Provide Resources and Coordinate Federal Efforts to Enforce the Americans with Disabilities Act
Provide More Technical Assistance
Summary of the National Meeting of Experts on the Americans with Disabilities Act
Roundtable Discussion on the Implementation of the Americans with Disabilities Act
Title I - Employment
Title II - Public Services
Title III - Public Accommodations and Services Operated by Private Entities
Title IV - Telecommunications
Transportation
Seattle and the State of Washington: Progress in Implementing the Americans with Disabilities Act
Summary of the Americans with Disabilities Act Roundtable Discussion
Conclusions
APPENDICES
Appendix A: A Brief Description of the Americans with Disabilities Act
Appendix B: List of Participants in the National Meeting of Experts on the Americans with Disabilities Act
Appendix C: ADA Roundtable Agenda
Appendix D: Statistical Information on the ADA as of September 30, 1994
Appendix E: A Brief Description of the National Council on Disability
INTRODUCTION
The National Council on Disability is the Federal agency which first proposed what was
to later become the Americans with Disabilities Act to the President and Congress of the
United States. In 1986, the Council issued a landmark report entitled Toward
Independence: An Assessment of Federal Laws and Programs Affecting Persons with
Disabilities -- With Legislative Recommendations. The first recommendation made in this
report was as follows:
Congress should enact a comprehensive law requiring equal opportunity for individuals with
disabilities, with broad coverage and setting clear, consistent, and enforceable standards
prohibiting discrimination on the basis of handicap. (p.18).(1)
Since the passage of the Americans with Disabilities Act, the National Council on
Disability has been charged with gathering information regarding the implementation,
effectiveness, and impact of the Americans with Disabilities Act (ADA).(2) In response to this mandate, in April of 1993 the Council provided the Administration, the Congress, and the public with an early assessment of the implementation of the ADA. ADA Watch --Year One: A Report to the President and the Congress on Progress in Implementing the Americans with Disabilities Act detailed initial progress in the implementation of the law and provided many recommendations for increasing and improving compliance with the law.
Since the publication of this report, the Council has continued its ADA-related
monitoring activities. In February of 1994 the Council sponsored a national meeting of
experts regarding progress in ADA implementation at the United States Senate. In
August of 1994 the Council sponsored an ADA Roundtable in Seattle, Washington, that
provided a local perspective on the law's impact to date. The present report summarizes
the findings and recommendations emanating from these two events and is intended to
provide the Administration, the Congress, and the public with an updated assessment of
the ADA's effectiveness. Over the course of the next year, the Council intends to
continue its ADA monitoring activities in order to assist the Nation in creating a society
in which every citizen has equal access to the American Dream.
THE AMERICANS WITH DISABILITIES ACT: VALUES WE CAN AGREE ON
Together we've begun to shift disability in America away from exclusion, towards inclusion;
away from dependence, towards independence; away from paternalism, towards
empowerment...And we have made a commitment -- a real commitment -- to enforce the
Americans with Disabilities Act, until all citizens with disabilities receive equal treatment
under the law, whether in the workplace, or school, in government or in the courts.
- President William J. Clinton
On July 12, 1990, the Americans with Disabilities Act passed the U.S. House of
Representatives on a vote of 377-28. The next day, it passed the Senate on a vote of 91-6.
Shortly thereafter, on July 26, 1990, the Act was signed by President George Bush on the
South Lawn of the White House in front of over 3,000 disability advocates, the largest
bill-signing ceremony that had ever taken place at the White House. Clearly, the ADA
was passed in an atmosphere of great support from the Congress, the Administration,
and the community at large.
It's been the work of a true coalition. A strong and inspiring coalition of people who have
shared both a dream and a passionate determination to make that dream come true. It's
been a coalition in the finest spirit. A joining of Democrats and Republicans. Of the
Legislative and the Executive branches. Of public officials and private citizens. Of people
with disabilities and without.
- President George Bush
At the time of the Act's passage, other elected officials noted both the importance and the
anticipated results of the Act:
The ADA is now the law of the land. From now on, Americans with disabilities will be
treated as first-class citizens. Today, we say "no" to ignorance, and "no" to prejudice.
Segregation is finished! Today, we say "yes" to dignity and respect for disabled people;
"yes" to empowerment; and "yes" to judging people on abilities, not disabilities. The ADA
truly is the 20th century emancipation proclamation for people with disabilities.
- Senator Tom Harkin
For too long Americans with disabilities have had to face subtle and pervasive
discrimination. As a nation, discrimination deprives us of our dignity and suppresses our
strength. The disability community recognized this striking fact and the President and
Congress responded with the enactment of the Americans with Disabilities Act.
- Senator Bob Dole
The Americans with Disabilities Act represents America at its best. Few, if any, pieces of
legislation in the two centuries of our history have offered greater promise for so many of
our fellow citizens...And America will be better, fairer, and a stronger nation because of it.
- Senator Edward M. Kennedy
The time has come. Congress has sent a loud, clear message across this country --
individuals with disabilities, no less than other Americans, are entitled to an equal
opportunity to participate in the American dream. That dream can now become reality.
- Senator Orrin Hatch
Dependency increases the costs of entitlements, lowers our gross national product, and
reduces revenue to the Federal government...People with disabilities want to work...to be
productive, self-supporting and tax paying participants in society. The Americans with
Disabilities Act grants us that dignity and that right.
- Former Congressman Tony Coelho
This is important legislation that will extend to individuals with disabilities full civil rights -- in the public and private sector...The final vote in Committee was 35 to 0, a reflection of the true bipartisan spirit for the legislation.
- Congressman Newt Gingrich
ADA will empower people to control their own lives. It will result in a cost savings to the
Federal government. As we empower people to be independent, to control their own lives, to
gain their own employment, their own income, their own housing, their own transportation,
taxpayers will save substantial sums from the alternatives.
- Former Congressman Steve Bartlett
In passing the ADA four years ago, the Congress stated the following facts concerning the
life experiences of people with disabilities in America:
- 43,000,000 Americans have one or more disabilities;
- historically, society has tended to isolate and segregate individuals with disabilities;
- discrimination against individuals with disabilities negatively affected areas such as
employment, housing, public accommodations, education, transportation,
communication, etc.;
- individuals with disabilities have no legal recourse to redress such discrimination;
- individuals with disabilities continually encounter various forms of discrimination,
including outright intentional exclusion as well as the negative effects of discrimination
such as relegation to lesser services, programs, activities, benefits, jobs, or other
opportunities;
- national data indicate that individuals with disabilities occupy an inferior status in
society and are severely disadvantaged socially, vocationally, economically, and
educationally;
- as a group, individuals with disabilities have been faced with restrictions and
limitations, subjected to a history of purposeful unequal treatment, and relegated to a
position of political powerlessness; and
- the continuing existence of unfair and unnecessary discrimination and prejudice denies
people with disabilities the opportunity to compete on an equal basis and to pursue
opportunities, costing the United States billions of dollars in unnecessary expenses
resulting from dependency and nonproductivity.
Given these realities, the Congress determined that the Nation's proper goals regarding
individuals with disabilities are to assure equality of opportunity, full participation,
independent living, and economic self-sufficiency for such individuals.(3) Thus, the Americans with Disabilities Act (ADA)(4) was passed in order to:
- provide a clear and comprehensive national mandate for the elimination of
discrimination against individuals with disabilities;
- provide clear, strong, consistent, enforceable standards addressing discrimination;
- ensure that the Federal government plays a central role in enforcing the standards
against discrimination; and
- invoke the sweep of congressional authority, including the power to enforce the
fourteenth amendment and to regulate commerce.(5)
Over the course of the past four years, the Federal government has issued regulations to
implement the ADA; provided technical assistance to States, local governments, and the
private sector; and has begun to bring other Federal laws regarding disability policy and
programs into harmony with the ADA.(6) In this regard, the Federal government has demonstrated a firm commitment to not only enforcing the law, but in effectively
targeting resources to encourage voluntary compliance on the part of all concerned
parties.
The values embodied in the Americans with Disabilities Act -- equal protection under the
law, individual empowerment, freedom of association, economic opportunity, etc. -- are
important to and for all Americans. Indeed, as Congress has since found that disability
is a natural part of the human experience, all citizens have an interest in ensuring that
the values that form the basis for the Americans with Disabilities Act pervade our
national life. It is for this reason that the Americans with Disabilities Act has enjoyed
such broad bipartisan support.
THE AMERICANS WITH DISABILITIES ACT: EARLY SIGNS OF SUCCESS
When the National Council on Disability published its first report on the implementation
of the ADA,(7) it offered the following findings:
- 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.
- 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.
- Covered entities are looking for the greatest degree of certainty of being in compliance
with the ADA that the Federal government can offer.
- 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.
Thus, as of April 1993, the National Council on Disability expressed optimism regarding
ADA implementation efforts to date and urged further action through a detailed set of
recommendations for the President and the Congress. Some of the more pertinent
recommendations included 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.
- Systematic outreach and technical assistance efforts should be initiated that focus on
small businesses and communities outside major metropolitan areas.
- 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 cultivate and coordinate ADA leadership in the private
sector and the disability community and thereby become more a catalyst than the
provider of technical assistance.
- 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 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 short space of three years, the Americans with Disabilities Act had earned a
positive review. Since the publication of this first report, some progress has been made
in implementing the recommendations detailed above. However, the National Council on
Disability continues to pursue the full adoption of these recommendations. As will be
evident in the next few pages, the need for attention to these recommendations remains to
this day.
THE AMERICANS WITH DISABILITIES ACT: WHERE WE ARE TODAY
In the year and one-half since the Council's first report was published, implementation of
the ADA has gone forward and new issues have emerged. In order to gain a better
understanding of these issues, the Council held two information gathering events during
1994. In February of 1994 the Council sponsored a national meeting of experts regarding
progress in ADA implementation at the United States Senate. In August of 1994 the
Council sponsored an ADA Roundtable in Seattle, Washington, that provided a wide
variety of individuals at the local level with an opportunity to engage in a frank
discussion of the law's impact to date.
National Meeting of Experts on the Americans with Disabilities Act
At the national meeting of experts in February, participants asserted that the ADA has
been a substantive success. ADA is taken seriously in America and throughout the
world. However, throughout the day participants noted that accompanying this initial
general success was a growing theme of "backlash", similar to that which occurred
during the initial implementation of the Civil Rights Act in the 1960s. The principal
expression of this backlash has been found in the charge of some opponents of the ADA
that the Act constitutes an "unfunded mandate." This, of course, reveals a fundamental
misunderstanding of the nature of the ADA. The ADA is, at its core, a civil rights law,
grounded in the freedoms guaranteed in the Bill of Rights. As such, the rights and
freedoms codified in the ADA should not be subject to a debate on their cost, any more
than the rights of women, minorities, or religious groups. This fact was recognized in
1994 in the debate regarding "unfunded mandates" in the United States Senate. In the
Committee Report accompanying S.993, The Federal Mandate Accountability and Reform
Act of 1994, the Committee on Governmental Affairs stated the following:
The Committee believes that a number of areas should be properly excluded from the
requirements of this Act. They include Federal legislation or regulation that: enforces
individual Constitutional rights; establishes or enforces statutory rights to prohibit
discrimination on the basis of race, religion, gender, national origin, or handicapped or
disability status...The Committee recognizes the special circumstances and history
surrounding the enactment and enforcement of Federal civil rights (including disability
rights) laws. During the middle part of the 20th century, the arguments of those who
opposed the national extension of basic equal rights, protection, and opportunity to all
individuals were based primarily on States' rights philosophy or contention. With the
passage of the Civil Rights Acts of 1957 and 1964 and the Voting Rights Act of 1965,
Congress rejected that argument as false reasoning designed to thwart equal opportunity and
to protect discriminatory, unjust and unfair practices in certain parts of the country. The
Committee therefore exempts Federal civil rights laws from the requirements of this Act.(8)
While this report language would seem to provide an appropriate analysis of the legal
reasoning which would prohibit the consideration of cost as a fundamental determinant
of the endowment and expression of civil rights, this legislation was not passed by the
103rd Congress prior to its adjournment. However, this in no way detracts from the
validity of the analysis and it is important that this analysis be incorporated into future
debate on this issue. Otherwise, it is likely that the future impact of the Americans with
Disabilities Act will be dramatically diminished, thereby severely compromising the status
of people with disabilities in society.
Throughout the day leaders from the disability rights community offered valuable
insights regarding the implementation of the ADA and suggestions for the Council's
future effort's in monitoring the ADA. Five major themes emerged from these spirited
discussions:
Correct Current Misunderstandings Regarding the Americans with Disabilities Act
There is currently a considerable amount of misunderstanding regarding the ADA.
Perhaps the greatest single area of misunderstanding regarding the ADA is in the area of
cost. The law itself requires that covered entities incur the costs of "reasonable
accommodations" to make their facilities, programs, and services accessible to individuals
with disabilities unless such accommodations pose an "undue hardship" on the entity.
Given this two-part test, there is obviously room for discussion regarding both what is
"reasonable" and what constitutes an "undue hardship". Thus, there is no concrete
requirement that covered entities must absolutely make every accommodation requested
by every individual with a disability. Furthermore, it has been found that reasonable
accommodations often do not require a great deal of expense. For example, the Job
Accommodation Network sponsored by the President's Committee on Employment of
People with Disabilities reports that based on its national data bank, using the average
(mean) cumulative figures, for every dollar spent to make an accommodation, the company
got $15.34.(9) In addition, a recent study based on the experience of Sears, Roebuck, and Company in making reasonable accommodations reported that the average
accommodation cost the company $121.00. The study also reported that 69% of
accommodations cost nothing, 28% cost less than $1,000, and only 3% exceeded $1,000.(10) These data are in general agreement with the overall data reported by the President's Committee on Employment of People with Disabilities. Thus, the idea that compliance with the ADA will cause great financial burdens to covered entities is not supported by
either the provisions of the law itself or by practical experience to date in implementing
the law.
Improve Educational Efforts Regarding the Americans with Disabilities Act
There is a need for improved public relations and education regarding the ADA and its
actual requirements. During the national meeting of experts, participants noted that
there is a lack of information both within the general public and the disability community
itself regarding the ADA. A recent Harris poll indicated that only 40% of people with
disabilities had any substantial knowledge of the ADA. Given this fact, it is not
surprising that the early implementation of the ADA has been somewhat uneven.
During the meeting, experts noted several key points in the area of public relations and
education. Primary among these was the fact that ADA "success stories" need to be
widely publicized. Persons with disabilities, covered entities, and the general public need
to know how to successfully implement the ADA in their own local communities and
industries. Fortunately, there are a great number of success stories to draw upon.
Unfortunately, few of these stories are ever communicated to those who could benefit
from this knowledge. Many potential fears regarding compliance could be greatly
reduced through the communication of this often common-sense information. As Justin
Dart, Jr. observed: An architect might tell a company that they need to tear out their
plumbing and install a new drinking fountain to accommodate a worker with a disability.
But the person with a disability might respond by asking the company to install a five-dollar
cup dispenser instead. Clearly, the dissemination of information regarding positive
examples of ADA implementation would hold much promise in speeding up the process of
compliance and in reducing the number of complaints under the Act. In this regard,
participants had several suggestions:
(a). There should be an on-going, national effort to disseminate ADA success stories.
(b). Examples of successful compliance should be disseminated by enforcement agencies
such as the Department of Justice in order to encourage voluntary compliance.
(c). There is a particular need to provide persons with disabilities and the general public
with basic information regarding the ADA.
(d). This basic information campaign as well as other ADA-related information efforts
should be produced in accessible formats and should also be available in several
languages.
(e). Particular outreach efforts should be made to ensure that individuals from racial,
cultural, and ethnic minorities and youth are informed of the ADA's provisions. There is
a national need for outreach to minority communities, people with low incidence
disabilities, and people living in rural areas.
In its 1993 report, Meeting the Unique Needs of Minorities with Disabilities: A Report to
the President and the Congress,(11) the National Council on Disability detailed the difficulties experienced by members of minority groups who had disabilities in receiving information and services. More specifically, the Council found:
The ADA holds great promise for minority persons with disabilities, but the promise will be
realized only if specific efforts are made for outreach, education, and removal of barriers in
minority communities. (p.4).
Unfortunately, this outreach has yet to occur to any great extent. Participants also noted
that persons with low-incidence disabilities and persons who live in rural areas also had
significant informational needs regarding the ADA. Once again, a possible solution in
this area might be through providing resources to grassroots organizations which serve
minority communities, organizations of and for persons with low-incidence disabilities,
and to organizations serving rural areas.
(f). The education of philanthropic organizations could yield support for continued
public education regarding the successful implementation of the Act.
Clarify and Strengthen the Legal Framework Surrounding the Americans with Disabilities Act
Meeting participants stressed that at present legal actions involving the Americans with
Disabilities Act remain largely uncoordinated. Better coordination of legal activities in
order to establish a clear framework for interpretation of the ADA through case law. As
there is no specific clearinghouse for the dissemination of information on legal activities
regarding the ADA, there is a danger that the development of an authoritative body of
case law regarding the Act will be slowed. Several suggestions were offered to remedy
this situation, including the establishment of a national clearinghouse or other
information bank regarding ADA cases or a national conference which would present
information and training in the area of case law on the ADA.
Participants noted that the ADA was too big to be implemented solely from Washington,
DC, but no consensus was reached as to the best strategy for ensuring evenness in
implementation across the nation. The continuing lack of affordable legal resources for
people with disabilities was cited as one of the major factors impeding the proper
implementation of the ADA.
Provide Resources and Coordinate Federal Efforts to Enforce the Americans with Disabilities Act
While participants were generally supportive of the intent of various Federal agencies to
enforce the provisions of the ADA to date, they noted that there was a significant
frustration in the disability community regarding the backlog of complaint processing at
the Federal level. While certain agencies such as the Equal Employment Opportunity
Commission have since begun to explore methods by which they might streamline their
processing of complaints, it is clear that additional resources are needed, if the law is to
be effectively enforced.
Participants expressed particular concern with the Department of Transportation, stating
that it had bypassed the usual rulemaking process in issuing its definition of "unduly
burdensome" accommodations, that it had missed deadlines in the law, and that it gave
the appearance of being extremely lenient in issuing waivers to covered entities in order
to effectively exempt these entities from various provisions in the Act. In addition,
participants expressed concern as to whether the Department would utilize the findings
and recommendations of the Congressionally-mandated independent study on the
accessibility of Over the Road Buses conducted by the Congressional Office of
Technology Assessment as the actual basis for its upcoming Notice of Proposed
Rulemaking concerning the accessibility of Over the Road Buses.
On a more positive note, participants stated that the Federal Communications
Commission had been effective in implementing the regulations under its jurisdiction in a
timely and effective manner. The next challenge in this area will be ensuring that people
with disabilities have access to the "information superhighway" which will revolutionize
the field of telecommunications.
Provide More Technical Assistance
Technical assistance efforts designed to promote ADA implementation need to be more
targeted and directed toward a wide variety of entities. Participants stated that the best
way to increase knowledge of the Americans with Disabilities Act among people with
disabilities would be to target this information toward grassroots organizations of and for
people with disabilities. In many instances, it might be feasible to provide these
organizations with resources to educate their membership and the community at large.
Participants also stated that technical assistance was needed in the education of architects
and design professionals so that they might be able to include accessibility features from
the earliest possible phases of their work, thereby obviating the need for costly
retrofitting later.
Finally, meeting participants suggested that better coordination was needed in the area of
technical assistance both among government agencies involved in these activities and
private sector entities involved in the delivery of technical assistance. Several
participants suggested that, given the marked variability in the quality of technical
assistance materials which have been developed in the private sector in response to the
ADA, some form of certification or approval by agencies charged with enforcement of the
ADA might be advisable. This would help to ensure the accuracy of these materials and
to build trust among covered entities.
Summary of the National Meeting of Experts on the Americans with Disabilities Act
The overriding message emanating from the national meeting of experts was that the
Americans with Disabilities Act was a law of vital importance to Americans with
disabilities and that its overall implementation was proceeding well. However, there were
significant informational gaps concerning the Act, its lower-than-predicted costs, and
emerging case law. These informational gaps were particularly wide in minority
communities, among people with low-incidence disabilities, and in rural areas. Efforts to
streamline the processing of complaints and to direct sufficient resources to respond in a
timely fashion to these complaints need to be undertaken. In addition, more resources
need to be devoted to legal services in order to ensure that people with disabilities can
access the rights and protections of the Act. Finally, further technical assistance is
needed to enable people with disabilities and covered entities to implement the law in an
effective manner.
Roundtable Discussion on the Implementation of the Americans with Disabilities Act
On August 23, 1994, the National Council on Disability sponsored a roundtable
discussion on the implementation of the Americans with Disabilities Act as part of its
quarterly meeting in Seattle, Washington. At the beginning of the day, leaders from
Federal agencies with ADA implementation responsibilities presented data on specific
areas under their purview to the Council and to approximately 200 individuals in
attendance. After this, individuals representing various local and State agencies as well
as employers from Seattle and throughout the State of Washington described their efforts
to take a positive approach to the implementation of the ADA. Attendees were then
invited to share their views regarding the implementation of the ADA to date.(12)
During the course of the day, information was gathered on Title I - Employment, Title II
- Public Services, Title III - Public Accommodations and Services Operated by Private
Entities, Title IV - Telecommunications. In addition, the area of Transportation was
given specific attention. Finally, information regarding strategies to implement the ADA
at the local and State level were described. Information from each of these areas will be
summarized below.
Title I - Employment
As of August, 1994, the Equal Employment Opportunity Commission (EEOC) had
received almost 30,000 complaints regarding employment discrimination under the ADA.
Of these, the largest percentages by disability category were as follows: approximately
20% were from individuals with back impairments, 13% from individuals with
neurological impairments, and 10% from individuals with emotional or psychiatric
impairments. Half of the complaints alleged discharge based on discrimination, 25%
alleged failure to provide reasonable accommodations, and 11% alleged failure to hire
based on discrimination. Of the total number of charges, approximately 46% have been
resolved in some fashion, 34% through a finding of "no cause". As of August, 1994, 26
cases were in court, with approximately 200 others headed to court.
During the Roundtable, participants identified the following issues as needing attention in
order to better implement Title I:
- More resources are necessary for enforcement.
- More guidance is needed regarding the relationship of Title
I to Worker's Compensation provisions.
- Clarification is needed regarding the relationship of the
ADA to union contracts. For example, if job reassignment
constitutes a "reasonable accommodation" yet conflicts with
seniority provisions in a collective bargaining agreement,
which takes precedence?
- More information is needed regarding chemical sensitivity
and environmental illness issues.
- More information is needed on accommodating people with
mental health issues and cognitive disabilities in the
workplace.
- Medical professionals need to learn more about "essential
job functions" when evaluating individuals' ability to perform
work.
- The private sector needs more education regarding the
provisions of Title I.
- Consideration should be given to using Medicaid to pay for
diagnostic testing.
- A more precise definition is needed for "specific learning
disabilities".
- The relationship of the ADA to the Family Medical Leave
Act should be explored.
Title II - Public Services
As of August 1994, the Justice Department had received approximately 2,400 complaints
under Title II of the ADA. Slightly over half of these complaints were referred to seven
other Federal agencies for investigation by programs under their jurisdiction, while 1,100
involving issues such as law enforcement, courts, and city and town buildings were
retained by the Justice Department for investigation. To date, most of the complaint
investigations have led to informal settlements involving voluntary compliance by covered
entities.
Participants at the Roundtable made the following suggestions for improving compliance
with Title II:
- More exploration needs to take place on meeting the needs
of individuals with "invisible" disabilities.
- More resources need to be directed at providing legal
services to low- and middle-income people with disabilities.
- Police departments should make greater use of sign
language interpreters during arrest processes with deaf
individuals.
- Procedures for obtaining interpretative services for non-English language deaf people or those who require tactile interpreters need to be improved.
- More "front-end" planning needs to take place in order to
avoid the costs of retrofitting facilities for access.
- Training needs to occur at the highest levels of an
organization, if real change is to occur.
Title III - Public Accommodations and Services Operated by Private Entities
As of August 1994, the Justice Department had received approximately 2,600 complaints
regarding Title III of the ADA. Of these, approximately 63% involved the alleged failure
to remove barriers in existing facilities which were "readily achievable", 20% involved the
failure to provide "auxiliary aids", and another 10% involved the failure to modify
policies that precluded or impaired the participation of people with disabilities in
programs. Thus far, there have not been a significant number of complaints regarding
new construction and alterations.
Participants in the Roundtable offered the following suggestions for improving
compliance with Title III:
- Clarification is needed over the number of van parking
spaces that should be provided at existing facilities.
- Clarification is also needed between the requirements of the
law for barrier removal versus new construction.
- Building officials need basic training regarding Title III
requirements.
- Businesses need to provide consistent accommodations such
as materials in alternative formats for people who are blind,
interpreters for people who are deaf, etc., rather than the
present situation in which either no accommodations are
readily available or the quality varies widely from one setting
to another.
- Businesses should hire sign language interpreters on their
regular staff, just as they hire a certain number of Spanish
speaking individuals (etc.) to meet customers' needs.
- Doctor's offices and clinics need to utilize assistive listening
devices.
- Clarification is needed in order to ensure that covered
entities understand that they are required to make reasonable
accommodations under Title III, no matter how large or small
their business is or how many employees they have.
- There should be a qualification standard uniformly applied
to sign language interpreters.
- Consideration should be given to the development of a
certification program for ADA consultants in order to
improve quality in these services.
- People with disabilities themselves should be included in
judgments concerning what constitutes compliance.
Title IV - Telecommunications
Participants in the Roundtable concerning Title IV expressed general satisfaction with
progress to date in implementing the requirements of the ADA related to the provision of
relay services. They also discussed broader telecommunications and information access
issues, such as access to the "information superhighway". Noting that, in general, there
is a tremendous gap between the State of technology and the State of access standards to
technology, they offered the following suggestions:
- Software developers need to ensure that new programs and
products are accessible for people with disabilities. For
example, the rapid growth of icon-driven programs (such as
Windows) is effectively shutting blind and visually impaired
individuals out of their jobs.
- The growth of voice mail services has far outstripped the
growth of TDD operators, thus producing significant barriers
to people with hearing and speech impairments. An industry-wide standard for a pause control system is needed.
- Technology is available to allow devices such as automatic
teller machines (ATMs) to "talk". This technology needs to
be used much more extensively than at present.
- The Justice Department or the Access Board should develop
standards for making information systems kiosks more
accessible.
- Long distance telephone carriers should be more flexible in
allowing TDD callers to transfer from one service to another.
- The Federal Communications Commission (FCC) should
ensure that in selling licenses for communications radio
frequencies for personal telephones, cellular, telephones, etc.
that they do not interfere with frequencies reserved for FM
loops used by people who are hard of hearing.
- The FCC needs to issue rules regarding hearing aid
compatibility telephones.
- Consideration should be given to the development of rules
governing the confidentiality of information resulting from
communication via message relay systems.
Transportation
As of August, 1994, the Department of Transportation had received over 500 complaints
regarding the transportation requirements of the ADA. The most common complaints
come from people with disabilities who have been refused transportation, people who
experience discrimination in receiving transportation services, a lack of accessible key
stations, and a lack of curb cuts. Department officials have been informed by covered
entities that timelines have been or will be missed in important areas: the July 1993
compliance date for accessibility of key stations has been missed in many areas, and the
July 26, 1994 compliance date for one accessible car per train has also been missed in
many instances.
During the Roundtable, participants offered the following suggestions for improving
compliance with the ADA:
- The Secretary of Transportation should accept the findings
of the Congressional Office of Technology Assessment's study
regarding the accessibility of over-the-road buses and issue
rules consistent with this Congressionally mandated study.
- Clarification is needed on whether repaving roads
constitutes an alteration which triggers the requirement to
install curb cuts.
- Extensive training is required for the staff of paratransit
systems regarding the accurate and timely processing of
requests for services.
- Federal standards for access to ferries and other vessels
should be developed.
- Clarification is needed regarding which entities are
responsible for the accessibility of bus stops.
Seattle and the State of Washington: Progress in Implementing the Americans with Disabilities Act
Washington State has moved to fully implement the Americans with Disabilities Act because
we acknowledge the right of each citizen to participate in state services, programs and
opportunities free from discrimination. We have found that implementation costs little and
can result in dramatic improvements in the lives of people with disabilities. Further, by
enabling people with disabilities to be self-sufficient and to obtain gainful employment, ADA
can result in reduced welfare and other program expenditures.
- Governor Mike Lowry
During the ADA Roundtable, Members of the National Council on Disability as well as
nearly 200 attendees had the opportunity to hear from a number of individuals who were
involved with ensuring the successful implementation of the Americans with Disabilities
Act in Seattle and throughout the State of Washington.
In the opening session, Mayor Norman Rice of Seattle spoke eloquently regarding the
City of Seattle's efforts to adopt a positive approach to the full implementation of the
ADA:
As everyone in this room knows, the Americans with Disabilities Act is the long awaited and
long overdue legislation that finally gives Americans with disabilities a guarantee of the most
basic civil rights. As I'm sure you are also aware, passing the ADA was only the beginning.
The real work lies in implementing and enforcing and tearing down myths and the
stereotypes so prevalent in our society. We in Seattle...can...take pride in our city's efforts
to make itself accessible to people with disabilities. Our overall goal is to go beyond simply
making access. We want people to have a truly comfortable, barrier-free environment.
Noting that the City of Seattle had established ordinance prohibiting discrimination
based on disabilities prior to the passage of the ADA, Mayor Rice discussed several
efforts the City had made toward the active implementation of the ADA and some of the
results of these efforts.
- The city has taken steps to begin increase the hiring of qualified workers with disabilities.
- The Mayor appointed two city-wide ADA coordinators. One of these coordinators works
specifically on implementation and the other addresses public accommodations.
- Seattle has established an ADA Citizens Advisory Committee to evaluate and prioritize
access issues.
- The Seattle Public Library has opened its entire collection to patrons who have visual
impairments by providing assistive technology. The library also has a coordinator for
services for patrons who are deaf or hard of hearing.
- The city has hired advocates for disability-related concerns within the city government to
provide a link to the community at large.
- As part of its approach to the issue of managing growth and maintaining a high quality
of life for its citizens, the city has included accessibility features in its plans to increase
and improve housing and public transportation.
Mayor Rice noted that there is still much work to do. However, he stated his belief that
Seattle is up to the challenge, and welcomed the future involvement of all organizations
in making the ADA work in Seattle. In his concluding remarks, Mayor Rice offered the
following observation:
The true test of a just society is whether everyone is able to participate. Everyone has the
right to be heard, and each of us must be empowered to give a voice to our particular needs
and concerns.
Later in the day, representatives from various State agencies involved in the
implementation of the ADA as well as employers had the opportunity to share
information regarding efforts to positively implement the ADA in the State of
Washington and in the State's employment sector.
Mary McKnew, ADA coordinator in the Governor's Office, discussed Statewide
compliance activities under Title II of the ADA and the role that the Governor's Office
had played in that area. One of the first steps taken in response to the ADA in the
Governor's Office was the issuance of Executive Order 9303, which clarified the
implications of the ADA to State agency directors in such diverse agencies as Fisheries
and Wildlife, Agriculture, Transportation, etc. An ADA coordinator was appointed
within each State agency to serve as the central point of contact, to perform agency
self-evaluations, and to develop transition plans for submission to the Office of Financial
Management. In addition, agency directors were required to hold meetings in
barrier-free locations, provide meeting materials in alternative formats, and ensure that
assistive listening devices and interpreters were available. The Executive Order also
required that public transportation should be made available (in effective alternative
means as necessary), and that nondiscrimination be the rule in employment.
In order to increase public awareness of the ADA, the Governor's Office ran
advertisements, put up posters, and established a telephone line and point of contact for
written inquiries. In addition to the objective of increasing public awareness, these
activities also provided a vehicle for the public to inform the Governor's Office of
difficulties they might be having in trying to access State services.
A Statewide ADA Task Force was established, with 75 percent of the members being
people with disabilities, whether citizens or State employees. The Task Force, which also
included representatives of different key State agencies, organized itself around various
issues such as communication barriers, employment, facilities access, etc. The Task
Force identified broad barriers that people were experiencing across the 135 State
agencies as well as the higher education programs supported by the State government and
also considered the best means of educating the over 40,000 employees of the State of
Washington.
One example of how the State has used information arising from this education and
outreach effort is found in the State's establishment of a braille center that contracts with
the State printer's office. Previous to the establishment of this braille center, State
agencies were often bewildered when citizens requested information in braille. Today,
the turnaround time for such a request is often 24 hours. At the time of the roundtable,
the State was in the process of developing a guidebook listing each State agency, its
central contact for requests for materials in alternate formats, tape or braille.
The State legislature appropriated funds for operating expenses and capital
improvements in response to the ADA. Some of these funds were used by the
Department of Personnel to hire a "reasonable accommodations" expert who is available
to agency managers to answer questions, identify and locate sources for acquiring
accommodations, etc. The Department of Personnel also hired a staff trainer
knowledgeable of the provisions of the ADA. This trainer works in coordination with
other ADA trainers located in various key departments in order to promote compliance
with the ADA. State employees are provided training on topics such as disability
awareness, how to use accessible telephone equipment such as a TDDs, and a wide variety
of other disability-related topics. Within the Department of General Administration,
there is a coordinator for ensuring that State agencies have accessible services and
equipment. Equipment such as assistive listening devices can be loaned out to State
agencies requiring their use, thereby leading to the most cost-effective use of this
equipment. Through another effort, the Department of General Administration is
attempting to increase access to public meetings, hearings, and conferences sponsored by
the State. This involves training State employees involved in planning for such events in
areas such as architectural access.
In the State of Washington, the Governor's Committee on Disability Issues and
Employment is the recipient of a grant from the National Institute on Disability and
Rehabilitative Research establishing the Northwest Disability Business Technical
Assistance Center. The Center provides information and referral, technical assistance,
and training on the ADA to people with disabilities, businesses, public accommodations,
and the public. The Center is one of 10 regional centers that cover the country for this
purpose. Its region includes Alaska, Washington, Idaho and Oregon. Toby Olson, who
directs both the Governor's Committee on Disability Issues and Employment as well as
the Center, reported that early on, the Center developed a cadre of Statewide networks,
organizations, and broad-based coalitions of organizations interested in the ADA.
Resources were deployed in order to develop capacities for effective ADA implementation
throughout the region. As training was conducted in the States, other efforts were
launched in order to build capacity at the local level.
For example, in Alaska the Center has fostered a regional mentor approach. Beginning
with an initial intensive training program for 24 individuals, 12 were recruited to
establish a network across the State. This network accomplishes its work through
monthly telephone conference calls to share technical information, new developments in
the application of the Act. Members then recruit apprentices in their communities who
can share this information with others all across the State. In Washington State, the
State network has a Rural Concerns Subcommittee that has traveled to rural
communities throughout the State. Through advance publicity, the subcommittee has
been able to attract the participation of people in rural areas who are interested in
disability issues, bring them together in meetings, and develop strategies for ADA
implementation.
Finally, roundtable participants heard from employers in the State of Washington who
had taken proactive steps to implement increased access to employment for persons with
disabilities. Ms. Annella Zamora of McCaw Cellular Communications reported that her
company had developed a broad base of employees with disabilities. She stated that
McCaw had developed a diverse group of employees, as it has always been part of the
McCaw culture to go into the community and employ persons with different disabilities,
looking at person's skills first. The ADA had proven helpful in lending more support
and accelerating the pace of this process.
Mr. Danny Delcambre, owner of the Ragin' Cajun Restaurant in Seattle, reported that
he had established his restaurant in 1993. Given his own hearing disability, he chose to
hire people skilled in sign language. In this effort, he was provided with assistance from
the State Department of Vocational Rehabilitation. He was also able to obtain tax credits
for his business.
Mr. Joey Vigil, of the Naval Undersea Warfare Division, reported that his Division had
embarked upon an aggressive program to hire people with disabilities eight years ago. At
that time, there were over 4,000 employees, 95 of whom had disabilities. The hiring
effort received guidance from an Advisory Committee for Employees with Disabilities,
which provided direct access to the commanding officer. Fifty percent of the Committee
was made up of disabled employees, and other members included top level managers, as
well as a facility engineer (for advice on reasonable accommodation). Deaf employees
formed a Deaf Employees Advisory Forum. At that time, the Division worked with
approximately 47 different State and private agencies. Members of the Committee
participated in recruiting trips, through which the Division hired engineers and scientists,
and other professionals. As a result of this and related efforts, the number of employees
with disabilities rose from 95 to 578. Currently, employees with disabilities make up 17%
of the workforce. The current average hourly wage for employees with disabilities at the
Division is $14.00/hour.
Mr. Vigil credited the Division's adoption of a Total Quality Leadership approach to
management as one of the key factors contributing to the success of employees with
disabilities. Training and upgrading of skills are constantly emphasized in order to
ensure that employees not only maintain their skills, but develop new ones to meet new
challenges in the workplace.
Mr. Norm Tate, of the Auburn office of the Teleservice Center for the Social Security
Administration described his office's success in hiring and retaining employees with
disabilities. Mr. Tate reported that the Center has been in operation for approximately
five years. From the beginning, a goal was to hire people with disabilities. At present,
the Center employs approximately 500 employees, 30% of whom have disabilities.
Beyond the hiring process, the Center has provided employees with disabilities with
career development opportunities, so that at present, several are moving up the
management line.
In this effort, the Center received assistance from the State Division of Vocational
Rehabilitation, agencies serving people who are blind or visually impaired, and many
other agencies. In addition to the assistance provided by agencies, Mr. Tate cited true
commitment at the top as a key factor in leading to these positive outcomes.
The Council was encouraged by the efforts both within the City of Seattle and the State
of Washington to adopt a positive approach to the implementation of the Americans with
Disabilities Act. Beyond the impressive gains that have been made in access to the
physical, communications, and employment environments, the strength of the
partnerships that have been formed will greatly assist in the continued smooth
implementation of the Act.
Summary of the Americans with Disabilities Act Roundtable Discussion
The general conclusion from the Roundtable was that implementation of the ADA was
proceeding reasonably well. Several speakers stressed the fact that while further
training, clarification, and (in some instances) regulatory actions might be required, the
ADA itself was sound and should not be amended. In spite of initial fears on the part of
some that the ADA would be very expensive or would take great efforts to implement,
early implementation has been achieved in many areas in a cost effective and efficient
manner. This has been particularly true in organizations which have a strong
commitment to their communities:
As I've said, it's always been a part of [our company's] culture to go into the community
and employ people with disabilities, to look at the skill set first and, secondarily, to look at
the disability....What happened with the ADA, I believe, is that we were lent more support in
moving more quickly forward....To date, we have not realized any tax breaks or incentives.
I think it was corporate responsibility to move forward with this without any of the
incentives.
Another participant put it this way:
Incentives? I'll buy you lunch: that's a good incentive!
Finally, another participant described the importance of leadership in implementing
needed organizational change:
...unless you have true commitment at the top, you don't have anything. I don't think
amending the ADA will achieve that...the need is, very simply, for a paradigm shift.
CONCLUSIONS
In its early implementation, the Americans with Disabilities Act has begun to create this
paradigm shift in America. The goals of the ADA -- for equality of opportunity, full
participation, independent living, and economic self-sufficiency -- are beginning to shape
our national culture. An example of this is found in the partnerships which have
emerged between public and private sector entities in places such as the City of Seattle
and the State of Washington in order to foster the smooth implementation of the
Americans with Disabilities Act. These partnerships provide positive examples of how
adaptive change is occurring.
The conclusions of this brief summary report echo those expressed in the Council's two
earlier reports on the implementation of the Americans with Disabilities Act.(13) What is needed to improve upon the implementation of the Americans with Disabilities Act is greater public awareness, further education and clarification regarding the provisions of the law, and the appropriate resources to both encourage voluntary compliance and to
ensure effective enforcement. A recent study by the General Accounting Office also
confirms these conclusions:
Overall, we observed steady improvement in both accessibility and awareness during the
initial 15 months that the ADA was in effect. However, enough areas of concern remain to
suggest a need for continuing educational outreach and technical assistance to businesses
and government agencies covered by the act and continued monitoring by the Congress.
(p.2).
...while accessibility for persons with disabilities is steadily improving, there remains a need for continuing educational outreach and technical assistance for businesses and government
agencies covered by the ADA and therefore the continued attention of a watchful Congress.
(p.15).(14)
The present report contains many suggestions for how the Federal government might
improve its efforts to ensure that the implementation of the Americans with Disabilities
Act goes forward in a manner which guarantees the freedoms established and protected
under this landmark civil rights legislation. Improvements in implementation are
essential to guaranteeing that the future of America is characterized by equality of
opportunity, full participation, independent living, and economic self-sufficiency for all
citizens. The National Council on Disability remains firmly committed to making the
Americans with Disabilities Act work for all citizens, thereby ensuring equal access to the
American dream.
Appendix A
A Brief Description of the Americans with Disabilities Act
ADA Requirements
An estimated 49 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 non-Federal 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 TDDs or other non-voice 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.
Appendix B
List of Participants in the National Meeting of Experts on the Americans with Disabilities Act
Dirksen Senate Office Building, Washington, DC
February 10, 1994
Warren Asher, Esq.
Wilmer, Cutler & Pickering
2445 M Street, NW
Washington, DC 20037
Ms. Marca Bristo
Access Living
310 South Peoria -- Suite 201
Chicago, IL 60607
Mr. Jack Catlin
LSH Architects
130 East Randolph -- Suite 3400
Chicago, IL 60601
Mr. Justin Dart
907 6th Street, SW
Apartment 516C
Washington, DC 20024
Ms. Mary Giliberti
Judge David L. Bazelon Center for Mental Health
1101 15th Street, NW
Washington, DC 20005
Mr. Ed Graves
NCIL
2111 Wilson Boulevard -- Suite 405
Arlington, VA 22201
Jim Harrington, Esq.
Advocacy, Inc.
7800 Shoal Creek Boulevard, Suite 171-E
Austin, TX 78757-1024
Mr. Dana Jackson
Walcoff Associates
635 Slaters Lane -- Suite 400
Alexandria, VA 22314
Mr. Tim Jones
MELE
7428 Westmore Road
Rockville, MD 20850
Mr. Mark Leeper
2123 Lexington Avenue
Moscow, ID 83843
Mr. Paul Marchand
The Arc
1522 K Street, NW -- Suite 516
Washington, DC 20036
Mr. Scott Marshall
American Foundation for the Blind
1615 M Street, NW -- Suite 250
Washington, DC 20036
Ms. Arlene Mayerson
Disability Rights Education and Defense Fund
2212 6th Street
Berkeley, CA 94710
Ms. Gina McDonald
KACIL
3258 S. Topeka Boulevard
Topeka, KS 66611
Ms. Bonnie O'Day
745 Somerville Avenue
Apartment 2
Somerville, MA 02143
Ms. Karen Peltz-Strauss
National Center for Law and Deafness
800 Florida Avenue, NE
Washington, DC 20002
Ms. Pam Ransom
Issue Dynamics
901 15th Street, NW -- Suite 230
Washington, DC 20005-2301
Mr. Sam Simon
Issue Dynamics
901 15th Street, NW -- Suite 230
Washington, DC 20005-2301
Ms. Lisa Small
Judge David L. Bazelon Center for Mental Health
1101 15th Street, NW
Washington, DC 20005
Mr. Jim Weissman
Eastern Paralyzed Veterans of America
75-20 Astoria Boulevard
Jackson Heights, NY 11370
Ms. Wendy Wilkinson
ILRU
2323 S. Shepherd
Houston, TX 77019
Ms. Pat Wright
Disability Rights Education and Defense Fund
1633 Q Street, NW
Washington, DC 20009
Ms. Kate Yannias
Legal Center for Disability Rights
208 S. LaSalle -- Suite 1330
Chicago, IL 60604
National Council on Disability Participants
Mr. John A. Gannon
NCD Acting Chairperson
Mr. Anthony Flack
NCD Council Member
Mr. Robert Muller
NCD Council Member
Dr. George Oberle
NCD Council Member
Mrs. Mary Raether
NCD Council Member
Mr. Edward P. Burke
NCD Acting Executive Director
Ms. Billie Jean Hill
NCD Staff
Mr. Mark Quigley
NCD Staff
Ms. Ramona Lessen
Assistant to the Chairperson
Appendix C
ADA Roundtable Agenda
National Council on Disability
ADA Roundtable
August 23, 1994
Westin Hotel
1900 Fifth Avenue
Seattle, WA 98101
Agenda
9:00 - 9:15 The Administration's Commitment to Furthering of the Americans with Disabilities Act -- Michela Alioto, Deputy Assistant for Domestic Policy, Office of the Vice President
9:15 - 9:30 Implementation of the Americans with Disabilities Act in the Seattle Area -- The Honorable Norman Rice, Mayor of Seattle
9:30 - 9:45 Summary of Issues from the Council's National Meeting of Experts on the ADA -- Marca Bristo
9:45 - 10:30 Panel I
Justice Department -- Liz Savage
EEOC -- Peggy Mastroianni
10:30 - 10:45 Break
10:45 - 11:30 Panel II
President's Committee on the Employment of People with Disabilities -- Richard Sheppard
Department of Transportation -- Susan Schruth
11:30 - 12:00 Overview of ADA-Related Issues in the State of Washington/Northwest Region -- Sue Ammeter (Washington State Governor's ADA Project)
12:00 - 1:30 Lunch (on your own)
1:30 - 4:30 ADA Implementation: A Local/Regional Perspective (Introduced by Bonnie O'Day)
1:30 - 2:45 Panel III: Examples of Promising ADA Implementation Strategies -- Sue Ammeter
2:45 - 4:00 Working Group Sessions: Improving the Implementation of the ADA:
Employment
Public Services
Transportation
Public Accommodations and Services (Operated by Private Entities)
Telecommunications
4:00 - 4:30 Summary of Working Group Sessions
4:30 - 6:00 General Meeting Between Representatives from the Federal Government and Roundtable Participants Concerning Future ADA Implementation
Appendix D
Statistical Information on the ADA as of September 30, 1994
As part of its follow-up to the ADA Roundtable held in Seattle, WA on August 23, 1994,
the National Council on Disability requested Federal agencies that had participated in the
Roundtable to provide summary statistics on their ADA-related charges and complaints
as of September 30, 1994. This information is as follows:
Equal Employment Opportunity Commission
As of September 30, 1994, the Equal Employment Opportunity Commission reported the
following data regarding charges it had received under the ADA:
Cumulative Charge Data for 7/26/92 -- 9/30/94
Total ADA charges received during reporting period: 34,877.
Impairments Cited By Frequency
Percentage
Impairments Most Often Cited Number of Total
Back Impairments 6,879 20%
Neurological Impairments 4,314 12%
Emotional/Psychiatric
Impairments 3,913 11%
Extremities 2,407 7%
Heart Impairments 1,639 5%
Diabetes 1,238 4%
Substance Abuse 1,233 4%
Hearing Impairments 1,094 3%
Vision Impairments 1,035 3%
Blood Disorders 900 3%
Cancer 883 3%
HIV (Subcategory of Blood
Disorders) 636 2%
Asthma 612 2%
Notes:
1. The filing a charge does not indicate whether the
charge has merit.
2. This lists adds up to more than 100% because
individuals can allege multiple violations.
3. Percentages are rounded off.
Number of ADA Lawsuits Filed by EEOC as of Oct. 1, 1994: 37
ADA Violations Most Often Cited
ADA Violations Most Percentage
Often Cited Number of Total
Discharge 17,525 50%
Failure to Provide
Reasonable Accommodation 8,777 25%
Hiring 3,860 11%
Harassment 3,665 10%
Discipline 2,526 7%
Layoff 1,849 5%
Benefits 1,330 4%
Promotion 1,323 4%
Rehire 1,285 4%
Wages 1,195 3%
Suspension 784 2%
Americans with Disabilities Act Resolutions of EEOC
7/26/92 -- 9/30/94
Percentage
Type of Resolution Number of Total
Administrative Closure 7,593 44%
No Reasonable Cause 6,111 36%
Merit Resolutions 3,358 20%
Settlements 1,174 7%
Withdrawal with Benefits 1,723 10%
Unsuccessful Conciliations 307 2%
Successful Conciliations 154 1%
TOTAL RESOLUTIONS 17,062 100%
TOTAL MONETARY BENEFITS = $30,391,755
Department of Justice
As of September 30, 1994, the Department of Justice reported that it had 1,400 on-going
investigations regarding complaints filed under Title II of the ADA and 1,100 ongoing
investigations regarding complaints filed under Title III of the Act.
Department of Transportation
Data from the Department of Transportation indicate the following:
Reporting Year Number of ADA Complaints Received
1992 124
1993 234
1994 460
TOTAL 818
Federal Communications Commission
The Federal Communications Commission was assigned a very specific set of initial
activities in the initial phases of the implementation of the ADA, most notably ensuring
the development and deployment of a nationwide system of relay services for persons who
are hearing or speech impaired by July 26, 1993. The Commission essentially met this
deadline. Since that time, it has received five complaints. One involved interstate issues
and was resolved by a final order. However, there is an appeal pending. The other four
complaints involved intrastate issues, were referred back to the States, and were resolved
at the State level.
APPENDIX E
A Brief Description of the National Council on Disability
Overview and Purpose
The National Council on Disability is an independent Federal agency led by 15 members
appointed by the President of the United States and confirmed by the U.S. Senate. The
National Council was initially established in 1978 as an advisory board within the
Department of Education (Public Law 95-602). The Rehabilitation Act Amendments of
1984 (Public Law 98-221) transformed the National Council into an independent agency.
The overall purpose of the National Council is to promote policies, programs, practices,
and procedures that guarantee equal opportunity for all individuals with disabilities,
regardless of the nature or severity of the disability; and to empower individuals with
disabilities to achieve economic self sufficiency, independent living, and inclusion and
integration into all aspects of society.
Specific Duties
The current statutory mandate of the National Council includes the following:
- Reviewing and evaluating, on a continuing basis, policies, programs, practices, and
procedures concerning individuals with disabilities conducted or assisted by Federal
departments and agencies, including programs established or assisted under the
Rehabilitation Act of 1973, as amended, or under the Developmental Disabilities
Assistance and Bill of Rights Act; and all statutes and regulations pertaining to Federal
programs which assist such individuals with disabilities in order to assess the effectiveness
of such policies, programs, practices, procedures, statutes, and regulations in meeting the
needs of individuals with disabilities;
- Reviewing and evaluating, on a continuing basis, new and emerging disability policy
issues affecting individuals with disabilities at the Federal, State, and local levels, and in
the private sector, including the need for and coordination of adult services, access to
personal assistance services, school reform efforts and the impact of such efforts on
individuals with disabilities, access for health care, and policies that operate as
disincentives for the individuals to seek and retain employment.
- Making recommendations to the President, the Congress, the Secretary of Education, the
Director of the National Institute on Disability and Rehabilitation Research, and other
officials of Federal agencies, respecting ways to better promote equal opportunity,
economic self-sufficiency, independent living, and inclusion and integration into all
aspects of society for Americans with disabilities.
- Providing the Congress, on a continuing basis, advice, recommendations, legislative
proposals, and any additional information which the Council or the Congress deems
appropriate;
- Gathering information about the implementation, effectiveness, and impact of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.);
- Advising the President, the Congress, the Commissioner of the Rehabilitation Services
Administration, the Assistant Secretary for Special Education and Rehabilitative Services
within the Department of Education, and the Director of the National Institute on
Disability and Rehabilitation Research on the development of the programs to be carried
out under the Rehabilitation Act of 1973, as amended;
- Providing advice to the Commissioner with respect to the policies of and conduct of the
Rehabilitation Services Administration;
- Making recommendations to the Director of the National Institute on Disability and
Rehabilitation Research on ways to improve research, service, administration, and the
collection, dissemination, and implementation of research findings affecting persons with
disabilities;
- Providing advice regarding priorities for the activities of the Interagency Disability
Coordinating Council and reviewing the recommendations of such Council for legislative
and administrative changes to ensure that such recommendations are consistent with the
purposes of the Council to promote the full integration, independence, and productivity
of individuals with disabilities;
- Preparing and submitting to the President and the Congress a report entitled National
Disability Policy: A Progress Report on an annual basis; and
- Preparing and submitting to the Congress and the President a report containing a
summary of the activities and accomplishments of the Council on an annual basis.
Population Served and Current Activities
While many government agencies deal with 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 which 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 assuring an informed and coordinated approach to addressing the
concerns of persons with disabilities and eliminating barriers to their active participation
in community and family life.
The National Council plays a major role in developing disability policy in America. In
fact, it was the Council that originally proposed what eventually became the Americans
with Disabilities Act of 1990. Our present list of key issues includes monitoring progress
toward the implementation of the Americans with Disabilities Act, and the development
of a comprehensive national disability policy.
Current Members
Marca Bristo, Chairperson
Chicago, IL
John A. Gannon, Vice Chairperson
Washington, DC and Cleveland, OH
Linda W. Allison
New York, NY
Ellis B. Bodron
Vicksburg, MS
Larry Brown, Jr.
Potomac, MD
Mary Ann Mobley Collins
Beverly Hills, CA
Anthony H. Flack
Norwalk, CT
Robert S. Muller
Grandville, MI
Bonnie O'Day
Somerville, MA
Mary M. Raether
McLean, VA
Shirley W. Ryan
Kenilworth, IL
Anne C. Seggerman
Fairfield, CT
Michael B. Unhjem
Fargo, ND
Kate Pew Wolters
Grand Rapids, MI
1 National Council on the Handicapped. (1986). Toward Independence: An Assessment of Federal Laws and Programs Affecting Citizens with Disabilities -- With Legislative Recommendations. Washington, DC: Author. Note: The National Council on the Handicapped has since been renamed the National Council on Disability.
2 P.L. 102-569 § 401(a)(7).
3 P.L.101-336, § 2(a)(1-9).
4 For a brief summary of the provisions of the ADA, please see Appendix A.
5 P.L. 101-336, § 2(b)(1-4).
6 See, for example, the Rehabilitation Act Amendments of 1992, P.L. 102-569.
7 National Council on Disability. (1993). ADA Watch--Year One: A Report to the
President and Congress on Progress in Implementing the Americans with Disabilities Act.
Washington, DC: Author.
8 U.S. Senate Committee on Governmental Affairs. (August 10, 1994). Report to
Accompany S.993, The Federal Mandate Accountability and Reform Act of 1994. 103rd
Congress, 2nd Session. Calendar No. 551 (Report 103-330). Section 4.
9 Job Accommodation Network. (1994). Accommodation Benefit/Cost Data.
Morgantown, WV: Author. (p.4).
10 Blanck, P. (1994). Communicating the Americans with Disabilities Act -- Transcending Compliance: A Case Report on Sears, Roebuck, and Co. Washington, DC: Annenberg Washington Program.
11 National Council on Disability. (1993). Meeting the Unique Needs of Minorities with Disabilities: A Report to the President and the Congress,. Washington, DC: Author.
12 Please refer to Appendix B for the Roundtable Agenda.
13 National Council on Disability. (1993). ADA Watch -- Year One: A Report to the
President and the Congress on Progress in Implementing the Americans with Disabilities Act.
Washington, DC: Author.
National Council on Disability. (1993). Furthering the Goals of the Americans with
Disabilities Act Through Disability Policy Research in the 1990s: Summary of Proceedings.
Washington, DC: Author.
14 General Accounting Office. (1994). Americans with Disabilities
Act: Effects of the Law on Access to Goods and Services. Washington,
DC: Author.
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