ADA Laws & Regulations
Refresher Training
Introduction
Unfortunately, the legal issues surrounding the topic of disability are not new. The legal foundation of
disability law is based on civil rights laws. The U.S. Constitution, passed in 1787, was amended in 1789 1791 to include a passage that recognized the importance of a person’s rights or liberties, in the form of
the Bill of Rights. Without going into an in depth look at the history of the United States, essentially the
Bill of Rights was designed to protect the basic principles of human liberty and rights.
The Americans with Disabilities Act (ADA), Public Law 101-336, enacted July 26, 1990, is a federal civil
rights law that gives civil rights protections to individuals with disabilities similar to those provided to
individuals on the basis of race, color, sex, national origin, age, and religion. It guarantees equal opportunity
for individuals with disabilities in employment, transportation, state and local government services,
telecommunications, and in the goods and services provided by businesses.
Telephone emergency services, such as 911, are categorized as local/state governmental services and are
subject to the provisions of the ADA. By reviewing the history of disability laws and gaining an
understanding of our legal requirements, we will be able to ensure our services and programs are
accessible to people with and without disabilities.
.
Learning Objectives
 Describe the legal history leading up to the passage of the Americans with Diablities Act
(ADA) of 2008.
 Explain the purpose and elements of the Americans with Disabilities Act (ADA).
 Explain the Civil Rights Act of 1991 and the Americans with Disabilities Act Amendment
Act (ADAAA) of 2008.
 Define certain legal definitions related to disability rights laws.
 Explain specific requirements of the ADA for providing 9-1-1 services.
 Explain additional general requirements of the ADA for providing services to people with
disabilities.
 Describe the liability issues and legal penalties for failure to provide equal access.
Developed for the Texas Commission NENA by Excel 9-1-1, Incorporated Copyright 2009
1
ADA Laws & Regulations
Refresher Training
Disability Civil Rights Laws
Let’s begin by reviewing several civil rights laws and how these laws relate to people with disabilities.
•
•
•
•
•
The Civil Rights Act of 1964
The Rehabilitation Act of 1973, as amended in 1992
The Americans with Disabilities Act (ADA) of 1990
Civil Rights Act of 1991
The Americans with Disabilities Act Amendment Act (ADAAA) of 2008
The Civil Rights Act of 1964
This landmark piece of legislation outlawed racial segregation and further defined rights of women. It
was a law designed to enforce the constitutional right to vote and provide relief against discrimination in
public accommodations; protect rights in public facilities and public education; prevent discrimination in
federally assisted programs.
The Rehabilitation Act of 1973 (1992)
Efforts began in the 1970’s to ensure the rights of people with disabilities in regards to programs
provided by and employment with the federal government. One law, referred to as The Rehabilitation
Act of 1973, changed federal employment law.
In Section 501, this law prohibited employment discrimination against individuals with disabilities in
the federal government.
Section 504 of the Rehabilitation Act created and extended civil rights to people with disabilities. It
provides opportunity for children and adults with disabilities in education, employment and other settings.
It also provides for reasonable accommodation for a student’s special study needs.
This law and its requirements extend to agencies that provide Federal financial assistance or receive
Federal aid. Common requirements include reasonable accommodations for employees with
disabilities; program accessibility; effective communication with people who have hearing and vision
disabilities; and accessible new construction and alterations.
Obviously, this law was the precursor to the Americans with Disabilities Act of 1990.
The Americans with Disabilities Act (1990)
The Americans with Disabilities Act (ADA), Public Law 101-336, enacted July 26, 1990, is a federal
civil rights law that gives civil rights protections to individuals with disabilities similar to those
provided to individuals on the basis of race, color, sex, national origin, age, and religion. It guarantees
equal opportunity for individuals with disabilities in public accommodations, employment,
transportation, State and local government services, and telecommunications.
The ADA is an extremely comprehensive law that is divided into five titles, as follows:
Title I
Employment
Title II
State and Local Government Programs and Services
Title III
Public Accommodations
Title IV
Transportation
Title V
Miscellaneous Provisions
Developed for the Texas Commission NENA by Excel 9-1-1, Incorporated Copyright 2009
2
ADA Laws & Regulations
Refresher Training
We will take a more in depth look at the ADA of 1990 and its impact on providing telephone emergency
services to people with disabilities.
Civil Rights Act of 1991
The 1991 amendment to the Civil Rights Act was enacted in response to court decisions that had
limited the rights of employees who had sued their employers for discrimination. It modified the
substantive rights provided by federal law in employment discrimination cases.
The Americans with Disabilities Act Amendment Act (ADAAA) of 2008
Although the Americans with Disabilities Act (ADA) was originally enacted in 1990 as a civil rights
law designed to protect people with disabilities, over the years since its enactment, there have been a
multitude of court cases which have redefined the definition of a disability and narrowed the scope and
intent of the original Americans with Disabilities Act.
Many lower courts and, even the U.S. Supreme Court, has issued rulings that many felt focused on the
definition of disability rather than on what Congress originally intended which was a focus on providing
access and accommodation to people with disabilities. These court rulings resulted in a narrow
interpretation of the law and eventually even changed the definition of disability.
The Americans with Disabilities Act Amendment Act of 2008 was the result of grass-root efforts to
return the law to its original intent. According to the Disability Law Handbook, published by the
DBTAC Southwest, the ADAAA, effective January 1, 2009, “essentially overturned those Supreme
Court cases that narrowed the definition of disability” and made it clear that the definition must be
“construed in favor of broad coverage of individuals’ with disabilities”1
1 DBTAC Southwest is one of ten regional Disability and Business Technical Assistance Centers
(DBTACs) funded by the National Research Institute on Disability and Rehabilitation Research.
Developed for the Texas Commission NENA by Excel 9-1-1, Incorporated Copyright 2009
3
ADA Laws & Regulations
Refresher Training
Legal Definitions
Given the current laws in effect today, the following definitions related to disabilities are commonly
accepted.2
Disability
This is a legal term rather than a medical term; therefore, its definition may vary in different laws.
However, according to the ADA, section 12102, the term disability means, with respect to an
individual:
•
A physical or mental impairment that substantially limits one or more major life activities of such
individual.
•
A record of such impairment; or
•
Being regarded as having such impairment
For the purpose of this law, major life activities include, but are not limited to, caring for oneself,
performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending,
speaking, breathing, learning, reading, concentrating, thinking, communication, and working.
A major life activity also includes the operation of major bodily function, including but not limited
to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological,
brain, respiratory, circulatory, endocrine, and reproductive functions.
Record of impairment may mean that the person has had a history of, or has been misclassified as
having a mental or physical impairment that substantially limits one or more major life activities,
even though the person does not currently have the disability.
The law say that “Regarded as” means that the person either:
• Has an impairment that does not substantially limit a major life activity;
• Has an impairment that substantially limits a major life activity only as a result of the
attitudes of others toward them; or
• Does not have any impairment, but is treated by an entity as having impairment.
The term “disability” may refer to:
• people who are deaf
• people who are hard of hearing
• people who are blind
• people who have speech disabilities
• people who use wheelchairs
• people who have physical conditions such as epilepsy, diabetes, HIV infection or similar sever forms
of arthritis or hypertension
• people with mental impairments such as major depression, bipolar (manic-depressive) disorder, and
intellectually disabled.
2
Americans with Disabilities Act of 1990.
Developed for the Texas Commission NENA by Excel 9-1-1, Incorporated Copyright 2009
4
ADA Laws & Regulations
Refresher Training
Title II of the Americans with Disabilities Act (ADA)
As we mentioned previously, the ADA is divided into sections referred to as Titles. Although several
sections of the law affect 9-1-1 and telephone emergency services in areas such as employment, providing
interpreters and facilities access, we will focus our efforts specifically on Title II, which is where government
programs and services are covered. The provision of 9-1-1 or other telephone emergency services is
governed by the tenets of Title II of the ADA.
In addition to the statutory requirements of Title II, the Department of Justice, who enforces this section of the
law, has issued interpretations of the legal requirements of the ADA through technical assistance documents,
settlement agreements, civil suits and their Project Civic Access program.
Department of Justice Standards
The Department of Justice is the federal agency responsible for enforcing Title II of the Americans with
Disabilities Act and has several requirements relating to providing telephone emergency services:
• direct and equal access,
• training of communications officers,
• maintenance of equipment, and
• completion of self-evaluations.
Direct and Equal Access
The ADA mandates that public entities provide emergency telephone services to persons with
disabilities which are direct and equal to services provided to others.
Direct Access - Direct access means that Public Safety Answering Points (PSAP’s) can directly
receive Teletypewriter for the Deaf (TTY) calls without relying on an outside relay service or
third-party services.
Equal Access - Equal access means that the telephone emergency services provided for TTY
users are as effective as those provided for persons who make voice calls, in terms of:
•
•
•
•
response time,
response quality,
hours of operation, and
all other features offered (e.g., automatic number identification, automatic location
identification, automatic call distribution)
A telephone emergency service which provides access to its services by dialing “911” must allow
both voice and non-voice callers to access the service by dialing 911. No special dialing
requirements may be placed on persons who use TTY’s to access the service. By allowing these
calls to come in on 911 lines, the communications officer will be provided automatic number
identification (ANI) and/or automatic location identification (ALI), just as they are for voice calls.
Where 911 services are not available and a PSAP provides emergency services via a seven- digit
number, it still must provide direct and equal access to TTY callers. It may do so either by having
one line for both voice and TTY calls, or it may provide two separate lines – one for voice calls,
and another for TTY calls. Requiring TTY callers to call a separate seven or ten-digit number is
Developed for the Texas Commission NENA by Excel 9-1-1, Incorporated Copyright 2009
5
ADA Laws & Regulations
Refresher Training
not allowed in areas where 911 is offered, because having to dial a seven or ten-digit number is not
equal to the ease of having to dial the simple, familiar 911.
As with 911, services for TTY calls on seven or ten-digit number must be as effective as those
offered for voice calls in terms of time of response, hours of operation, and other features. Also,
PSAP’s must ensure that TTY numbers are publicized as effectively as voice numbers and
displayed as prominently as voice numbers wherever telephone emergency numbers are listed.
Training for Communications Officers
PSAP’s must train their call takers to effectively recognize incoming TTY signals and process
TTY calls effectively by using proper protocol in both English and American Sign Language
(ASL) formats. Call takers must be trained in the use of TTY equipment to receive, send and
transfer calls.
Other Interpreted Requirements
The Department of Justice, in recent years, has expressed more specific requirements for
compliance with the ADA through technical assistance manuals and settlement agreements with
agencies who have received complaints of non-compliance. These requirements mandate that
agencies must:
•
•
•
•
•
•
•
•
Install a minimum of one TTY equipment or its computer equivalent at each console
pod or answering point;
Maintain up-to-date knowledge concerning technological developments;
Modify policies and procedures to ensure that telephone emergency services for
TTY users is "as effective" as those provided to others;
Establish and maintain a working relationship with individuals who are deaf,
hard of hearing, and who have speech impairments and provide them with an
opportunity to participate in the self-evaluation process;
Establish, implement and document testing procedures for conducting routine
TTY test calls, including transfers to other agencies;
Require or offer refresher training at least as often as they require or offer
training for voice calls, but at a minimum, every six months;
Develop and implement a public education program to promote the use of 9-1-1
by individuals who use TTY's; and
Conduct and document a semi-annual audit of the quality of services provided to
TTY users and the adequacy of the maintenance of TTY's and related equipment.
Local/State Regulations
Typically, state and local regulations also govern the provision of governmental services to people
with disabilities. Communications officers should be familiar with those regulations and how they
may impact 911 operations.
A resource for reviewing the laws of Texas related to disabilities is found on the Texas Governor’s
Committee on People with Disabilities at http://governor.state.tx.us/disabilities/resources/ada/
Developed for the Texas Commission NENA by Excel 9-1-1, Incorporated Copyright 2009
6
ADA Laws & Regulations
Refresher Training
Liability Issues and Penalties for Non-Compliance
When a qualified individual feels that they have been discriminated against in violation of the
Americans with Disabilities Act, they can either file a formal complaint or a civil lawsuit, or both,
depending on the type of discrimination that is alleged.
Private individuals may bring lawsuits to enforce their rights under Title II and may receive the same
remedies as those provided under Section 504 of the Rehabilitation Act of 1973, including
reasonable attorney's fees. Individuals may also file complaints with eight designated federal
agencies, including the Department of Justice and the Department of Transportation.
Private individuals may bring lawsuits in which they can obtain court orders to stop discrimination.
Individuals may also file complaints with the Attorney General, who is authorized to bring lawsuits
in cases of general public importance or where a pattern or practice of discrimination is alleged. In
these cases, the Attorney General may seek monetary damages and civil penalties. Civil penalties
may not exceed $55,000 for a first violation or $110,000 for any subsequent violation.
Legal Ramifications of Retaliation/Coercion
The ADA (Public Law 101-336) specifically prohibits retaliation or coercion by stating that “no
person shall discriminate against any individual because such individual has opposed any act or
practice made unlawful by this Act or because such individual made a charge, testified, assisted, or
participated in any manner in an investigation, proceeding, or hearing under this Act.” This means
that people with, or without disabilities, which file a complaint or participate in a filed complaint, are
specifically protected from retaliation by the accused entity.
Outreach Requirements
Agencies must initiate and provide outreach activities to people with disabilities include:
Establishing and maintaining a working relationship with individuals who are deaf, hard of
hearing, and who have speech impairments and provide them with an opportunity to participate in
the self-evaluation process.
Develop and implement public education programs to promote the use of 9-1-1 by individuals who
use TTY's; and
Ensure that communications with applicants, participants and members of the public with disabilities
are as effective as communications with others, including furnishing auxiliary aids and services when
necessary.
Adopt and publish a Notice under the Americans with Disabilities Act; distribute it to all agency
heads; publish the Notice in a local newspaper of general circulation serving the “jurisdiction”;
post the Notice on the agency Internet Home Page; and post copies in conspicuous location in the
agency’s public buildings. Keep the Notice updated with correct contact names and numbers;
provide copies to any person upon request in alternate formats (Braille, large print, cassette tapes,
accessible electronic format such as CD, HTML, etc.)
Developed for the Texas Commission NENA by Excel 9-1-1, Incorporated Copyright 2009
7
ADA Laws & Regulations
Refresher Training
NOTICE UNDER THE AMERICANS WITH DISABILITIES ACT
In accordance with the requirements of title II of the Americans with Disabilities Act of 1990
(“ADA”), [agency name, state] will not discriminate against qualified individuals with disabilities
on the basis of disability in its services, programs, or activities.
Employment: [agency name] does not discriminate on the basis of disability in its hiring or
employment practices and complies with all regulations promulgated by the U.S. Equal
Employment Opportunity Commission under title I of the Americans with Disabilities Act
(ADA).
Effective Communication: [agency name] will generally, upon request, provide appropriate aids
and services leading to effective communication for qualified persons with disabilities so they can
participate equally in [insert the applicable term: County, City, or State] programs, services, and
activities, including qualified sign language interpreters, documents in Braille, and other ways of
making information and communications
accessible to people who have speech, hearing, or vision impairments.
Modifications to Policies and Procedures: [agency name] will make all reasonable modifications
to policies and programs to ensure that people with disabilities have an equal opportunity to
enjoy all [insert the applicable term: County, City, or State] programs, services, and activities. For
example, individuals with service animals are welcomed in [insert the applicable term: County,
City, or State] offices, even where pets are generally prohibited.
Anyone who requires an auxiliary aid or service for effective communication, or a modification of
policies or procedures to participate in a [insert the applicable term: County, City, or State]
program, service, or activity, should contact the office of [name and contact info for ADA
Coordinator] as soon as possible but no later than 48 hours before the scheduled event.
The ADA does not require the [insert the word: County, City, or State] to take any action that
would fundamentally alter the nature of its programs or services, or impose an undue financial
or administrative burden.
Complaints that a [insert the applicable term: County, City, or State] program, service, or activity
is not accessible to persons with disabilities should be directed to [name and contact information
of ADA Coordinator].
The [insert the applicable term: County, City, or State] will not place a surcharge on a particular
individual with a disability or any group of individuals with disabilities to cover the cost of providing
auxiliary aids/services or reasonable modifications of policy, such as retrieving items from locations
that are open to the public but are not accessible to persons who use wheelchairs.
Developed for the Texas Commission NENA by Excel 9-1-1, Incorporated Copyright 2009
8
ADA Laws & Regulations
Refresher Training
Provide for effective communication by having readily available resources for qualified sign
language and oral interpreters, real- time transcription services, and vendors that can put
documents in Braille, and will implement written procedures, with time frames, for fulfilling
requests from the public.3
Alternate formats for any published material is a critical aspect of providing “effective
communications” to people with disabilities. The vendors for these alternate formats are not
necessarily locally located or available. Agencies should identify vendors who provide these
types of services and negotiate a contract before the service is needed. As with most issues in
public safety, time will be of the essence when a request is made so having the details worked
out a head of time will save time, decrease the likelihood of miscommunication and will show
our citizens with disabilities that your agency is committed to providing readily accessible
programs and services.
Summary
We have covered the legislative history related to civil rights as they apply to people with disabilities. The
reason that laws exist is because as a society we routinely discriminated against a group of individuals; In
this case, people with various types of disabilities. If our society did not engaged in discriminatory
practices, there would be no need for legal requirements codified in statutory laws and court decisions.
Obviously, there was a need for this important legislation. As 9-1-1 communications personnel, we have a
duty to provide emergency communications services to everyone and anyone. Although we have legal and
regulatory requirements related to providing services and programs for people with disabilities, our
primary motivator should be our innate duty as members of the public safety community to help people in
need rather than the fact that we are legally required to provide access to people with disabilities.
Hopefully, the information covered will motivate you to provide the best service possible to all people
who need our assistance whether those calls are received by voice, TTY or some future form of 9-1-1
communications. By performing your duties in accordance with the legal and regulatory issues covered
here, you can minimize the legal risks involved in discriminatory actions and build rapport with an
important segment of your community.
But, more importantly, you may save lives as a result of providing telephone emergency services to
anyone who is impacted by a crime, fire, medical emergency or disaster no matter if they have a
disability or not.
References
ADA Amendments Act of 2008, Pl 110-325 (2008).
Americans with Disabilities Act of 1990, Pub. L. No. 101-336, §2, 104 Stat.328 (1991).
Civil Rights Act of 1964, P.L. 88-353, 78 Stat. 241 (1964).
Civil Rights Act of 1991 Pub. L. 102-166 (1991).
3 Alternate Formats include Braille, large print, cassette tapes, and accessible electronic format such as
CD, HTML, etc.
Developed for the Texas Commission NENA by Excel 9-1-1, Incorporated Copyright 2009
9
ADA Laws & Regulations
Refresher Training
DBTAC: Southeast ADA Center. (2009). Regional Resource for Americans with Disabilities Act. Retrieved
August 09, 2009 from http://www.sedbtac.org.
© 2009 Excel 9-1-1, Inc.ADA Training for Communications Officers. Thomaston, GA: Author.
Merriam-Webster Online Dictionary. (2009). Definition of Substantive Rights. Retrieved September 09, 2009
from http://www.merriam-webster.com.
Section 504 of the Rehabilitation Act of 1973, as amended 29 U.S.C. § 794 (1992).
U.S. Department of Justice. (1998). Americans with Disabilities Act: Access for 9-1-1and Telephone Emergency
Services. Washington, DC: Author.
U.S. Department of Justice. (2006). ADA Best Practices Tool Kit for State and Local Government. Washington,
DC: Author.
U.S. Department of Justice. (2006). An ADA Guide for Local Governments: Making Community Emergency
Preparedness and Response Programs Accessible to People with Disabilities. Washington, DC: Author.
U.S. Department of Justice. (2009). Settlement Agreement between the United States of American and Gregg
County, TX under the Americans with Disabilities Act (DJ 204-75-115). Washington, DC: Author.
U.S. Department of Justice. (2009). Settlement Agreement between the United States of American and The City
of Port St. Lucie, Florida under the Americans with Disabilities Act (DJ 204-18-185). Washington, DC: Author.
Developed for the Texas Commission NENA by Excel 9-1-1, Incorporated Copyright 2009
10