Welcome! Assistance Animals in Public Accommodations & Housing - PDF document

8/11/2014 Welcome! Assistance Animals in Public Accommodations & Housing will begin at 2:00 p.m. Eastern Time 1 Listening to the Webinar Online: • Please make sure your computer speakers are turned on or your headphones are plugged in • Control the audio broadcast via the AUDIO & VIDEO panel • If you have sound quality problems, please go through the Audio Wizard by selecting the microphone icon arrow points to microphone icon on audio and video panel 2 Listening to the Webinar (cont.) • To connect by telephone: 1-443-453-0034 Pass Code: 368564 This is not a toll-free number 3 1

8/11/2014 Captioning Real-time captioning is provided; open the window by selecting the “cc” icon in the Audio & Video panel • You can re-size the captioning window, change the font size, and save the transcript arrow points to the "cc" icon in the audio and video panel 4 Submitting Questions • In the webinar platform:  Double- click on “Mid - Atlantic ADA Center” in the Participant List to open a tab in the Chat panel (keyboard: F-6 and arrow up or down to find Mid-Atlantic ADA Center); type your Participant list question in the text box and “enter” o Your question will be sent to the presenters; other participants will not be able to see it • E-mail: ADAtraining@transcen.org 5 Technical Assistance If you experience technical difficulties • Use the Chat panel to send a message to the Mid-Atlantic ADA Center • E-mail ADAtraining@transcen.org • Call 301-217-0124 6 2

8/11/2014 Archive • This webinar is being recorded and can be accessed within a few business days • You will receive an email with information on accessing the archive 7 Continuing Education Credits • Please consult the reminder email you received about this session for instructions on obtaining continuing education credits for this webinar. • You will need to listen for the continuing education code which will be announced at the conclusion of this session. • Requests for continuing education credits must be received by 12:00 PM EDT August 15, 2014 8 Assistance Animals in Public Accommodations & Housing Presented by: Mid-Atlantic ADA Center Logo Today’s presenter: Kat Taylor 9 3

8/11/2014 Equal Rights Center logo 5 photographs of various people • Service and Assistive Animals August 14, 2014 • Kat Taylor 10 Equal Rights Center The Equal Rights ts Cente ter is a non non-pr prof ofit t civil rights ts organi nizat ation on dedicat ated ed to prom omot oting ng equal opportu tuni nity ty in housing ng, , employ oymen ent, t, public accom ommo moda dati tion ons, , and gover ernm nmen ent t services es. 11 ERC Services • Educati tion and Outre reach • Compl plian ance Services es Woman talking to another • Civil Rights ts Testi ting woman • Inta takes and Advocacy 12 4

8/11/2014 Objectives es • Appl plicabl cable e Laws s (ADA Title e III and FHA, only) y) • Reason asonabl ble e Modificat cations ons & Accom ommoda odation ons • Defini ning ng the animal al • Animal als s as a modifica cation on and accom ommoda odation on • Common on questions ns and answer ers 13 Americ ericans ans with h Disabili sabilities ties Act (ADA) DA) The Americans with Disabilities Act, enacted in 1990, prohibits discrimination against people with disabilities in employment, transportation, public accommodations, communications, and government services. 14 Americ ericans ans with h Disabili sabilities ties Act Title I: Employment • Title II: State and Local Government, Transportation • Title III: Public Accommodations • Title IV: Telecommunications • Title V contains miscellaneous provisions • 15 5

8/11/2014 Americ ericans ans with h Disabili sabilities ties Act Title tle III Prohibits discrimination by all businesses open the public, this includes ensuring structural accessibility and providing reasonable modifications to ensure equal access to good and services. Wheelchair at steps 16 Fair ir Housin sing g Act (FHA) HA) The Fair Housin ing Act is comprised of Title VIII of the Civil Rights Act of 1968 and the Fair Housing Amendments Act of 1988: The FHA states that, it is the policy of the United States to provide, within constitutional limitations, for fair housing throughout the United States. 17 Protec ected d Classes es • Race • Color • National Origin Man, woman and baby • Religion • Sex • Familial Status • Disability 18 6

8/11/2014 Disabili sability ty as Defined ined by the Law aw An individual with a disability is defined as a person who: Has a physica cal or mental impairme rment that substantially y • limits s one or more major r life activi vities, s, or or Has a record of such an impairme rment, or • Is regard rded as having such an impairme rment. • Woman in wheelchair 19 ADA (Title III) FHA FHA • Restaurants • Apartments • Retail stores • Condos • Hotels • Nursing Homes • Movie theaters • Group homes for • Convention centers recovering addicts • Doctors offices • Public transportation (not transient facilities) • Museums • Apartment leasing offices 20 Tamara mara v. El Camino ino Hospita spital Under Title III, a court held that though a hospital’s policy stated that the public or service animals were Doctor talking to woman not permitted in “restricted access areas” of the hospital, a service animal must be permitted in the behavioral health section of a hospital, since it is not sterile area and would not inhibit the staff from performing their duties. 21 7

8/11/2014 The e ADA Title le III & Reason asonable able Modific dification ations The Americans with Woman in Disabilities Act requires wheelchair on private places open to the ramp of a van public to provide people with disabilities reason onab able e modifi ficat ation ons. 22 FHA A and Equal al Opport portunity unity to Enjoy oy the e Dwelling lling The Fair Housing Act requires housing providers to provide and/or allow reasonable accommo mmodations s and reasonable modifica cations s for people with disabilities if such changes will afford the person full enjoyment of their housing. Dog at entrance of home 23 Reason asonable able Modific dification ations/ s/ Accom commoda modation tions Changes in rules, policies, practices, or services that give a person with a disability equal opportunity to benefit from a program’s goods and services. • Example: Waiving a “no pet” policy • Example: Providing alternative forms of communication 24 8

8/11/2014 Denyin nying g an Accom commoda modation tion • If an accommodation request would result in a direc ect t threa eat t to the health th and safet ety of other ers, the provider is not required to provide it. • If an accommodation request would result in a a funda dame ment ntal al alterat ation on to the nature e of the progr gram am, , the provider is not required to provide it. • If an accommodation request would pose an undue e finan ancial al or admini nistr trat ative e hards dshi hip p to the program, the provider is not required to provide it. 25 Questions • In the webinar platform:  Double- click on “Mid - Atlantic ADA Center” in the Participant List to open a tab in the Chat panel (keyboard: F-6 and arrow up or down to find Mid-Atlantic ADA Center); type your Participant list question in the text box and “enter” o Your question will be sent to the presenters; other participants will not be able to see it • E-mail: ADAtraining@transcen.org 26 Service rvice Animals mals as a Modif ificati ication on (ADA) DA) • A dog • Individually trained to do work or perform tasks • For the benefit of an individual with a disability, the work or tasks performed by the service animal must be directly related to the handler’s disability • Miniature horses may also be considered a modification ( The crime deterrent effects of an animal’s presence and the provisi sion of emotional support rt, well-being, comfort rt, or companionsh ship does not constitute work or tasks ks for the se of this definition .) purpose 27 9