College of Engineering, Wayne State University
LAWS
&
ACCESSIBILITY
Part 1. Overview
and
Americans with Disabilities Act (ADA)
Support for this work cam from NSF grant DUE 0088807 for the development of accessible design curriculum material. (Any
opinions, findings, and conclusions or recommendations expressed in this material are those of the author and do not necessarily
reflect the views of the National Science Foundation.)
© Robert Erlandson, 2003
Federal Laws dealing with accessibility have spawned a
collection of guidelines covering products and services
that impact most industries and businesses while
touching the lives of all people, in one way or another.
Yet accessible and universal design concepts and
principles are not finding their way into engineering
educational programs. This represents
a serious knowledge gap – one that
needs to be addressed.
Laws:
Accessible
Design
Laws
The three laws which deal most directly with the accessibility of
products and services are:
•Americans with Disabilities Act a major civil rights law
prohibiting discrimination on the basis of disability in the private
and public sectors.
•Telecommunications Act (Section 255) requires access to new
telecommunications and customer premises equipment where
"readily achievable."
•Rehabilitation Act Amendments amends section 508 of the
Rehabilitation Act to ensure access to electronic and information
technology in the Federal sector.
http://www.access-board.gov/indexes/aboutindex.htm
D iscipline
L aw s
Am ericans with
D isabilities Act
Telecom m unicati
ons Act – Section
255
R ehabilitation
Act Am endm ents
-Section 508
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B u sin e ss
A rc h ite c tu re
E n g in e e rin g
T e c h n o lo g y
C o m p u te r
S c ie n c e
B io m e d ic a l
E n g in e e rin g
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C h e m ic a l
E n g in e e rin g
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In d u stria l
E n g in e e rin g
C iv il
E n g in e e rin g
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M e c h a n ic a l
E n g in e e rin g
E le c tric a l &
C o m p u te r
E n g in e e rin g
Federal Laws and the Engineering Disciplines Impacted
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The Americans with Disabilities Act
(ADA) of 1990
“The ADA recognizes and protects the civil rights of
people with disabilities … prohibiting discrimination on
the basis of race and gender.
The ADA covers a wide range of disability, from
physical conditions affecting mobility, stamina, sight,
hearing, and speech to conditions such as emotional
illness and learning disorders.”
http://www.access-board.gov/about/ADA.htm
The ADA addresses:
•Title I - access to the workplace
•Title II - State and local government services
•Title III - places of public accommodation and
commercial facilities
•Title IV - requires phone companies to provide
telecommunications relay services for people who
have hearing or speech impairments (title IV)
http://www.access-board.gov/about/ADA.htm
ADA Jobs & Workplace
The ADA (Title I) deals with:
•jobs
•essential functions of jobs
•reasonable accommodations
•use of assistive technology
•accessible design
•universal design
Americans with Disabilities Act: Jobs & Workplace
Title I of the Americans with Disabilities Act of 1990
prohibits
private employers, state and local governments, employment
agencies and labor unions
From discriminating against
qualified individuals with disabilities in job application procedures,
hiring, firing, advancement, compensation, job training, and other
terms, conditions and privileges of employment.
http://www.eeoc.gov/facts/fs-ada.html
An individual with a disability
is a person who:
Has a physical or mental impairment that
substantially limits one or more major life
activities
Has a record of such an impairment
Is regarded as having such an impairment
A qualified employee or applicant
with a disability
is an individual who,
with or without
reasonable accommodation,
can perform the essential functions of the job
in question.
Reasonable accommodation
may include, but is not limited to:
•Making existing facilities used by employees readily
accessible to and usable by persons with disabilities
•Job restructuring, modifying work schedules,
reassignment to a vacant position
•Acquiring or modifying equipment or devices,
adjusting modifying examinations, training materials,
or policies, and providing qualified readers or
interpreters
An employer is required
to make an accommodation
to the known disability of a qualified applicant or
employee
if
it would not impose an "undue hardship" on the
operation of the employer's business.
Undue hardship
is defined as
an action requiring significant difficulty or expense
when considered in light of factors such as an
employer's size, financial resources and the nature
and structure of its operation.
An employer is not required
·to lower quality or production standards to make
an accommodation
·nor is an employer obligated to provide personal
use items such as glasses or hearing aids
The Americans with Disabilities Act (ADA) of 1990
Titles II & III
The building guidelines cover places of public
accommodation, commercial facilities, and State and
local government facilities.
http://www.access-board.gov/about/ADA.htm
The Americans with Disabilities Act (ADA) of 1990
Titles II & III
Accessibility guidelines for transit vehicles and provides
technical assistance and
training on these guidelines.
The vehicle guidelines address buses,
vans, a variety of rail vehicles, trams,
and other modes of public transportation.
http://www.access-board.gov/about/ADA.htm
ADA: Transportation
Subpart B-Buses, Vans and Systems
· 1192.21 General.
· 1192.23 Mobility aid accessibility.
· 1192.25 Doors, steps and thresholds.
· 1192.27 Priority seating signs.
· 1192.29 Interior circulation, handrails and stanchions.
· 1192.31 Lighting.
· 1192.33 Fare box.
· 1192.35 Public information system.
· 1192.37 Stop request.
· 1192.39 Destination and route signs.
http://www.access-board.gov/transit/html/vguide.htm
Subpart C-Rapid Rail Vehicles and Systems
ADA: Transportation
Subpart D-Light Rail Vehicles and Systems
Subpart E-Commuter Rail Cars and Systems
Subpart F-Intercity Rail Cars and Systems
· 1192.127 Sleeping compartments.
Subpart G-Over-the-Road Buses and Systems
· 1192.159 Mobility aid accessibility.
· 1192.161 Moveable aisle armrests.
Subpart H-Other Vehicles and Systems
· 1192.173 Automated guideway transit vehicles and systems.
· 1192.175 High-speed rail cars, monorails and systems.
· 1192.177 Ferries, excursion boats and other vessels. [Reserved]
· 1192.179 Trams, similar vehicles, and systems.
http://www.access-board.gov/transit/html/vguide.htm
The Americans with Disabilities Act (ADA)
The ADA mandates that information sources be
accessible.
In the past, this need was met with Braille texts,
large print, captioning, and other types of aides.
With the introduction of the World Wide Web and other
telecommunications-related information sources,
however, many businesses and communities
are falling short of meeting their ADA obligations for the
accessibility of information sources including
web-based resources.