Presented by Jack Humburg Jack Humburg, Executive Vice President - PowerPoint PPT Presentation

Presented by Jack Humburg

Jack Humburg, Executive Vice  President of Housing, Development, and ADA Services Boley Centers is a provider of  services and supports to individuals with mental illness and others in need since 1970 ~ Celebrating 50 Years of Service Currently operating over 1,200  units of affordable housing in Pinellas County The Ranch @ Pinellas Park 9625 66 th Street North Pinellas Park, Florida Private Non-profit 501(c) 3  33 Units for individuals and families who have a disability and have been homeless (Photo Above)

Southeast ADA Center Funded by the U.S. One of 10 Regional Department of Health and Centers providing Human Services, technical assistance Administration for and training Community Living, National throughout the Institute on Disability, country Independent Living, and Rehabilitation Research

The Spirit of the ADA “…The world’s first comprehensive declaration of equality for people with disabilities.” President George Bush, Signing the ADA into law on July 26, 1990

In summary: Legislative timeline 1964 — Civil Rights Act (did not include disability) 1968 — Architectural Barriers Act (ABA) 1973 — Rehabilitation Act 1975 — Individuals with Disabilities in Education Act (IDEA) 1976 — Higher Education Act Amendment (to include students with disabilities) ✓ 1992 - Florida 1986 — Air Carrier Access Act Human Rights Act 1988 — Fair Housing Amendments Act ✓ 2012 - Florida Statues, Chapters 1990 — Americans with Disabilities Act (ADA) 553 (amended) 2008 — ADA Amendments Act signed into law

Definition of Disability With Respect to the Individual… Physical or Mental Impairment that substantially limits one or more of a major life activity... Record of impairment Regarded as having an impairment

The ADA Amendments Act An Act of Congress that amended the ADA of 1990 Signed into law January 1, 2009 Regulations posted June, 2011* * http://www.gpo.gov/fdsys/pkg/CFR-2011-title29-vol4/xml/CFR-2011-title29-vol4-part1630.xml

The ADA Amendments Act  Broadens coverage to individuals the Courts had said were not “Disabled”  Mitigating measures should NOT be considered (i.e. medications, etc.)  Major Life Activities should include “Major Bodily Functions” (i.e. immune system)  Episodic or “in remission” now covered

The ADA Amendments Act  Bottom Line “…the primary object of the court’s attention in ADA Cases should be whether covered entities have complied with their obligations and that the question of whether an individual’s impairment is a disability should not demand extensive analysis”

Defining Disability  Workers Compensation Other statues or agencies  FMLA may use a different definition of “disability.”  Long and Short Term Disability  Social Security Administration  Veterans Administration  Vocational Rehabilitation  Division of Blind Services

The ADA ⚫ Title I Employment ⚫ Title II Public Entities ⚫ Title III Public Accommodations ⚫ Title IV Telecommunications ⚫ Title V Miscellaneous

Enforcement of ADA  Employment (Title I) ⚫ U.S. Equal Employment Opportunity Commission ⚫ 1-800-669-4000 (voice), 1-800-669-6820 (tty) ⚫ www.EEOC.gov  State and Local Governments and Private Entities (Title II and Title III) ⚫ Department of Justice, Disability Rights Section ⚫ 1-800-514-0301 (voice), 1-800-514-0383 (tty) ⚫ www.ADA.gov

Designated Agencies That Enforce ADA Title II ⚫ Department of Agriculture (DOA) ⚫ Department of Education (DOE) ⚫ Department of Health and Human Services (DHHS) ⚫ Department of Housing and Urban Development (HUD) ⚫ Department of Interior (DOI) ⚫ Department of Justice (DOJ) ⚫ Department of Labor (DOL) ⚫ Department of Transportation (DOT)

Cross-Cutting Issues Non-Discrimination Requirements  Integration  Equal Opportunity  Eligibility Criteria  Reasonable Modifications  Effective Communication  Surcharges and Additional Requirements  Personal Services and Devices  Direct Threat  Access

Integration  People with disabilities must be integrated to the maximum extent possible.

Equal Opportunity  People with disabilities must not be denied equal opportunity to participate and benefit

Eligibility Criteria  Eligibility criteria that tend to screen out people with disabilities may not be used unless necessary for the provision of services and activities

Reasonable Modifications  When necessary to ensure equal opportunity, reasonable modification must be made to policies, practices, or procedures

Effective Communication  People with disabilities that affect communication are entitled to auxiliary aids and services. ⚫ Unless it would result in a fundamental alteration, undue burden or hardship

Effective Communication Communication must be as effective as communication with others. ⚫ Auxiliary aids and services including interpreters, TDD’s, large print, Braille… ⚫ Priority must be given to preferred method for public entities only.

Effective Communication For many individuals who are deaf, a sign language Effective Communication may interpreter may be the only mean real time transcription, truly effective means of also known as “CART”. communication.

Qualified Interpreter “Qualified Interpreter” is defined as an interpreter who, via video remote interpreting (VRI) service or an on-site appearance, is able to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary. Includes sign language interpreters, oral transliterates and cued-language transliterates.

Video Remote Interpreting An interpreting service that uses video conference technology over dedicated lines or wireless technology offering high-speed, wide-bandwidth video connection that delivers high-quality video images…

Video Remote Interpreting Continued DOJ standards require: ⚫ Quality of video and audio that is high quality, clear, real-time, with clear uninterrupted images. ⚫ Dedicated high-speed connection. ⚫ Picture: Clear, sufficiently large, and sharply delineated, showing face, arms, hands and fingers ⚫ Voices: clear and easily understood transmission. ⚫ Quick set-up and training of users.

Auxiliary Aids and Services  Qualified  Qualified readers Interpreters  Taped texts  Note takers  Audio recordings  Written materials  Braille materials  Computer-aided  Large print transcription materials services  Assistive listening devices

Effective Communication Raymond James Stadium Now Has Open Captioning of Live Announcements

Surcharges and Additional Requirements  Cannot impose surcharges (i.e. higher prices) or additional requirements on people with disabilities, which are not imposed on those without disabilities.

Personal Services and Devices  Public entities and public accommodations are not required to provide personal services or personal devices. Examples: wheelchairs, prescription eyeglasses, hearing aids.  Personal services do not need to be provided in activities such as eating, toileting, and dressing, unless it is typically provided by the entity.

Direct Threat  A person with a disability may be excluded if (s)he poses a direct threat to the health or safety of others. ⚫ Significant risk of substantial harm ⚫ Specific risk must be current and identifiable ⚫ Based on objective medical or factual evidence ⚫ Consider whether risk can be eliminated

Direct Threat  Factors to consider… ⚫ The duration of the risk ⚫ The nature and severity of the potential harm; ⚫ The likelihood that the potential harm will occur; and ⚫ The imminence of the potential harm

COIVD-19 and the ADA Based on guidance of the CDC and public health  authorities as of March 2020, the COVID-19 pandemic meets the direct threat standard . The CDC and public health authorities have acknowledged community spread of COVID-19 in the United States and have issued precautions to slow the spread, such as significant restrictions on public gatherings… These facts manifestly support a finding that a significant risk of substantial harm would be posed by having someone with COVID-19, or symptoms of it, present in the workplace at the current time. ~ U.S. Equal Employment Opportunity Commission. https://www.eeoc.gov/laws/guidance/upload/pandemic_flu.pdf

Access  Access to goods, services and programs in existing buildings  Accessible alterations and new construction  Maintenance of accessible features  Temporary facilities  Universal design  Standards for Accessible Design  State Building Codes

Title I ~ General Rule No covered entity shall discriminate against a qualified individual with a disability, because of the disability of such individual in regard to the job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.