1. Americans with Disabilities Act Overview of Title II
The City of Santa Rosa
START SHOW
I was asked to do a presentation on what’s happening with the City of Santa Rosa and it’s new committee on the ADA
AND, no pressure, I was reminded that this group is a really tough crowd, so could I keep it light and entertaining.
NO PRESSURE,
Now, in my interview for the job as Risk Manager, no one said that light and entertaining was part of my job description.
So, I’m hoping the first slide will do it for you.

2. What is it Federal Law Prevents discrimination Requires accommodation
Requires accessibility
Sets standards

3. ADA TITLE I TITLE II TITLE III Employment
Public Services, Programs and activities
TITLE III
Public Accommodations

4. History
On July 26, 1990, President George H. W. Bush signed into law the Americans with Disabilities Act (“ADA”) saying these words, “Let the shameful wall of exclusion finally come tumbling down.” One of the most important civil rights law to be enacted since the Civil Rights Act of 1964, the ADA prohibits discrimination against people with disabilities.

5. Requirements for Public Entities Title II
General Nondiscrimination Requirements
Equally Effective Communication
Program Accessibility
Employment

6. General Nondiscrimination Requirement
Equal Opportunity – to participate in programs and activities.
Integrated Programs – integration of people with disabilities is the goal of the law.
Methods of Administration – may not use official written policies that are discriminatory.
Reasonable Modification of Policies, Practices, and Procedures – unless to do so would fundamentally alter the nature of the service, program or activity.
Eligibility Criteria – cannot screen out people with disabilities.
Surcharges – not permissible to assess fee to offset costs of an accommodation.

7. Equally Effective Communications
For individuals who are deaf or hard of hearing: qualified sign-language and oral interpreters, note takers, computer-aided transcription services, written materials, telephone headset amplifiers, assistive listening systems, telephones compatible with hearing aids, open and closed captioning, videotext displays, and TTYs (teletypewriters).
For individuals with who are blind or have low vision: qualified readers, taped texts, Braille materials, large print materials, materials in electronic format on compact discs or in s, and audio recordings.
For individuals with speech impairments: TTYs, computer stations, speech synthesizers, and communications boards.

8. Program Accessibility
Before January 26, Referred to as “pre-ADA”
An entity may remove the barrier using the ADA Standards for Accessible Design or UFAS as a guide,
or choose to make the program, service, or activity located in the building accessible by providing “program access.”
Program access allows you to move the program to an accessible location, or use some way other than making all architectural changes to make the program, service, or activity readily accessible to and usable by individuals with disabilities.

9. Program Accessibility
After January 26, 1992
Must be “readily accessible to and usable by” persons with disabilities.
For ADA compliance purposes, any facility where construction commenced after January 26, 1992 is considered “new,” “newly constructed,” or “post-ADA.”
“Readily accessible to and usable by” means that the new or altered building must be built in strict compliance with either the ADA Standards for Accessible Design or UFAS (Uniform Federal Accessibility Standards).

10. Program Accessibility
Fundamental Alteration and Undue Burdens – A public entity is not required to take any action that will result in a fundamental alteration to the program, service or activity or create undue administrative or financial burden.
Historic Preservation – Buildings under the National Register of Historic Places are not required to take any action that would threaten or destroy the historic significance of the property.

11. Employment
Title II prohibits all public entities, regardless of the number of employees, from discriminating against qualified individuals with disabilities in employment.

12. What is covered?
Basic mandate is that an employer cannot discriminate against an employee on the basis of disability in any aspect of the employment relationship.
Including application process, testing, interviewing, hiring, assignments, evaluation, discipline, medical examinations, compensation, promotion, training, layoff, recall, termination, leave, and benefits such as health insurance.

13. Qualified Individual with a Disability
A person who has the skills experience and education for the job,
Can perform the essential functions of the job with or without reasonable accommodation.

14. Essential Functions of the Job
Fundamental elements of the job.
Does not include the marginal functions of the position.
Essential:
Whether the reason the position exists is to perform the function
Whether a limited employees are able to perform the job function
Degree of specialization required to perform the task.

15. Evidence for Essential
Written job description before advertising or interviewing.
Terms of collective bargaining agreement.
Percentage of time spent performing the function.
Work experience of past employees
Work experience of current employees
Consequences of not requiring that function to be performed
Employer’s judgment

16. Reasonable Accommodation
Employer’s responsibility
Types
Part-time or modified schedules
Job restructuring
Job reassignment
Provision of auxiliary aids and services
Modifications to a job or work site

17. Undue Hardship Nature and cost of the accommodation.
Overall financial resources of the facility, number of employees, effect on expenses and resources.
Type of operation including composition, structure, function of work force, geographic separateness and administrative or fiscal interrelationships.
Impact of the accommodation on business operations.

18. City Accomplishments Program Accessibility Effective Curb Ramp Program
General attitude of respect for diversity and attempt to accommodate
START SHOW
I was asked to do a presentation on what’s happening with the City of Santa Rosa and it’s new committee on the ADA
AND, no pressure, I was reminded that this group is a really tough crowd, so could I keep it light and entertaining.
NO PRESSURE,
Now, in my interview for the job as Risk Manager, no one said that light and entertaining was part of my job description.
So, I’m hoping the first slide will do it for you.

19. Community Committee Community Groups City Reps Members of the Public
Becoming Independent
Disability Services & Legal Center
Earle Baum Center of the Blind
Community Housing Development Corp
Council on Aging
City Reps
ADA Coordinator – Mardell Morrison
City Attorney – Caroline Fowler
Risk Manager – Lynne Margolies
Members of the Public
Met three times. – Reviewing the new general policies
Concerned, Committed People – Want to be heard
Various Needs (Curb Ramp – changed standards, easy for wheelchairs – hard for the blind)

20. Internal Committee Liaison from each department
Need to know their department’s issues
Trained in ADA policy
Train others in the department
Know where to find things, how to get them done

21. City Website For the public - internet Internally – intra net
General information on City ADA related Policies
Links to other useful sites
Who to complain to
Where to make requests
Internally – intra net
TOOLKIT
List of resources
List of equipment
Links to Web Based Information

22. More Information? ADA Website ada.gov
Equal Employment Opportunity Commission eeo.gov
Public Transportation (DOT) fta.dot.gov
US Access Board access-board.gov
Parks and Recreation-Department of Interior doi.gov
Links to Federal web sites and other web sites with disability-related information disability.gov