Disability Law
• More than 54,000,000 Americans are
living with one or more physical or
mental disabilities (U.S. Bureau of
Census, 2005).
Disability Law
• “ An individual with a disability."
• He/she (i) has a physical or mental
impairment that substantially limits one or
more of such person's major life activities,
• (ii) has a record of such an impairment, or
• (iii)
• Major life activities:
Disability Law
• I.
provides that "no otherwise
with a disability in the United
States . . . shall, solely by reason of her or
his disability, be excluded from the
participation in, be denied the benefits of,
or be subjected to discrimination under
any program or activity receiving Federal
financial assistance . . . ."
Disability Law
• A college or university is required to make
such modifications to its academic
requirements as are necessary to ensure
that such requirements do not discriminate
or have the effect of discriminating, on the
basis of handicap, against a qualified
handicapped applicant or student
Disability Law
• “Qualified Individual”
• A qualified individual with a disability is a
person who meets legitimate skill,
experience, education, or other
requirements of an employment position
that s/he holds or seeks, and who can
perform the "essential functions" of the
position with or without reasonable
accommodation.
Disability Law
Reasonable accommodations must
be made if they would allow a
qualified person with disabilities to
effectively participate in an
educational program or service.
Reasonable Accommodations
1.
2.
3.
4.
A change in an educational program (i.e., allowing
a student with a severe hearing loss to substitute a
required course such as music with another
course even though music is a requirement for
graduation), so long as it does not alter the
program's fundamental nature;
(i.e., ramps, wide doorways,
accessible bathrooms);
(i.e., Braille keyboard on a word
processor); and/or
Providing aides such as interpreters or readers.
IDEA
• II. Individuals with Disabilities Education Act
(IDEA and now IDEIA) guarantee children with
disabilities a free, appropriate, public education
(FAPE) in the least restrictive environment
(LRE).
• Provide “specially designed instruction”, at no
cost to the parents, to meet the unique needs of
a child with a disability, including….instruction in
the classroom, in the home, in hospitals and
institutions, and in other settings (physical
education)”
IDEA
• (a) rights of students with disabilities
and their parents or guardians; (b) to
assist states and localities to provide
for the education of all students with
disabilities; and (c) to assess and assure
the effectiveness of efforts to educate
students with disabilities.
IDEA
Free Appropriate Public Education (FAPE)
•
• Must Meet the standards of the State
Educational Agency
•
• Must be in conformity with the
Individualized Education Plan
IDEA
•
(LRE)
• “To the maximum extent appropriate, children
with disabilities…are educated with children who
are nondisabled”
• “Special classes, separate schooling, or other
removal of children with disabilities from the
regular educational environment occurs only if
the nature or severity of the disability is such that
education in regular classes with the use of
supplementary aids and services cannot be
achieved satisfactorily.”
ADA
• III. The Americans with Disabilities Act: Not
only to entities receiving federal funding, but
also to private entities operating a place of
public accommodation.
ADA
• The purposes of ADA
• 1) to provide a clear and comprehensive
national mandate for the elimination of
discrimination against individuals with
disabilities;
• (2) to provide clear, strong, consistent,
enforceable standards addressing discrimination
against individuals with disabilities; and
• (3) to ensure that the Federal Government plays
a central role in enforcing the standards
established in this chapter on behalf of
individuals with disabilities; and
ADA
• Title I- It protects people with disabilities
from employment discrimination in
business with fifteen or more employees. It
requires that individuals with disabilities be
given the same consideration for
employment that individuals without
disabilities be given.
ADA
• Reasonable accommodation is any
modification or adjustment to a job or the
work environment that will enable a
qualified applicant or employee with a
disability to participate in the application
process or to perform essential job
functions.
ADA
• Title II: Title II of ADA prohibits discrimination
in services, programs, and activities provided
or made available by state and local
governments or their instrumentalities. Title II
covers state and local public educational
programs and municipal recreation facilities.
• No qualified individual with a disability
shall, on basis of disability, be excluded from
participation in or be denied the benefits of
the services, programs, or activities of a
public entity, or be subjected to discrimination
by any public entity….
ADA
• Frequency of Using Recreational Activity
Programs and Facilities per Semester
• _____________________________________________
Times
Frequency
Percentage
• _____________________________________________
Never
45
36.9
• Five or less
38
31.1
• 6-15 times
21
17.2
• 16 or more
18
14.8
• Total
122
100.0
ADA
• College Students with Disabilities’ Interest in
Participating in Physical Activity Programs
•
•
•
•
•
•
•
•
____________________________________________
Interest
Frequency
Percentage
____________________________________________
Not Interested
43
35.2
Interested
30
24.6
Very Interested
49
40.2
Total
122
100.0
_____________________________________________
ADA
• Means and Standard Deviations of Students with
Disabilities’ Satisfaction with School Recreational Activity
Programs and Facilities
•
_____________________________________________________
•
•
•
•
•
•
Factors
Mean
SD
______________________________________________________
Advertising
2.95
1.09
Recreational Activity Programs
2.81
0.72
Accessibility of facility and equipment 3.06
0.92
Quality of the staff
3.27
0.80
•
_____________________________________________________
ADA
• Title III- No individual shall be discriminated
against in the basis of disability in the full equal
enjoyment of the goods, services, facilities,
privileges advantages, or accommodations of
any place of
by any person who
owns, leases (or leases to), or operates a place
of public accommodation.
ADA
• 4. Title IV requires that all common carriers
(generally telephone companies) provide
equivalent telecommunication services to allow
individuals with hearing or speech impairments
to communicate with hearing people via
telephone.
• 5. Title V Includes a provision prohibiting either
(a) coercing or threatening or (b) retaliating
against the disabled or those attempting to aid
people with disabilities in asserting their rights
under the ADA.
Age Discrimination
• The Equal Employment Opportunity
Commission (EEOC): $69 million awarded
under Age Discrimination Employment Act
(ADEA) in 2004 and $48.9 million in 2003
Age Discrimination
•
: protect employees and
job applicants ages of 40 years or older
from employment discrimination based on
age. It applies to employers with 20 and
more.
• Hiring, compensations, promotions, job
assignments, trainings, and terminations.
Age Discrimination
• Element of a Age discrimination
• 1. The plaintiff is an employee or applicant for
•
•
•
•
•
employment with the employer
2.
(40 years or above)
3. The employer has 20 or more employees
4.
5.
6. The employer hired someone outside the
protected class or replaced the plaintiff with
some one outside the protected class
Age Discrimination
•
(OWBPA):
Prohibits employers from denying benefits
to older workers
OSHA
•
(OSHA)-enacted in 1970
• Each employer . . . shall furnish to each of [its]
employees employment and a place of
employment which are free from recognized
hazards that are causing or are likely to cause
death or serious physical harm to [its]
employees."
OSHA
• Purposes: a) encouraging employers and
employees in their efforts to reduce the number
of occupational safety and health hazards at
their places of employment, and to stimulate
employers and employees to institute new and
to perfect existing programs for providing safe
and healthful working conditions; b) providing
that employers and employees have separate
but dependent responsibilities and rights with
respect to achieving safe and healthful working
conditions;
OSHA
• c) providing an effective enforcement
program which shall include a prohibition
against giving advance notice of any
inspection and sanctions for any individual
violating this prohibition; and d)
encouraging joint labor-management
efforts to reduce injuries and disease
arising out of employment.
OSHA
• SWIMMING POOLS AND SPAS
• Water quality standards.
• A. Generally. Swimming pool water shall be
treated and maintained so that, whenever the
swimming pool is open for use, the bacterial,
chemical and physical qualities of the water will
meet the standards set forth in this section.
OSHA
• B. Bacterial Standards. Not more than fifteen
percent of the water samples collected for a pool
shall:
• 1. Contain more than two hundred bacteria per
milliliter, as determined by the standard (35 · C)
Agar Plate Count; or
• 2. Show a confirmed positive test for coliform
organisms in any of 5-10 milliliter portions of a
sample, or more than one coliform organism per
fifty milliliters when the membrane filter test is
used.
OSHA
• Water recirculation and filtering system.
• A. Generally. The water recirculation system,
consisting primarily of piping, pumps, filters,
water conditioning and disinfecting equipment,
together with other standard accessory
equipment, shall be adequate to clarity and
disinfect the entire contents of the pool in eight
hours or less.
•
OSHA
• B. Piping. Piping systems shall be:
1. Designed to carry the required quantity of
water at a velocity of not more than ten feet per
second when located on the discharge side of a
pump and not more than six feet per second
when located on the suction side of a pump,
unless accompanied by an approved hydraulic
design;
2. Of sufficient strength to withstand operating
pressure;
3. Made of nontoxic material;
4. Reasonably resistant to corrosion under
conditions of operation;….
OSHA
• 3. Lifeguards shall:
a. Be expert swimmers and be competent in
current lifesaving techniques;
b. Be trained in administration of C.P.R., and
other first aid measures;
c. Have satisfactorily completed a course in
lifeguard training, as offered by the American
Red Cross. The valid and current certificate of
completion of the course of instruction shall
be at the swimming pool when the swimming
pool is open for use;
d. Be suitably dressed to enter the water and
act in an emergency;
OSHA
• H. Lifeguard Chairs. Each public pool shall have
at least one elevated lifeguard chair for each two
thousand square feet of pool surface area or
one hundred fifty bathers. The chair must be
located close to the deeper portion of the pool
and provide a clear, unobstructed view of the
pool bottom.
I. Safety Equipment. Safety equipment,
consisting of at least one ring buoy, with a length
of one-quarter-inch rope attached to reach at
least across the pool and one rescue tube for
each lifeguard chair and one shepherd's crook
mounted on a rigid sixteen-foot pole, shall be
provided at each public pool.
OSHA
J. Drinking Water Supply. Drinking water from an
approved source and dispensed through one or
more approved sanitary drinking fountains shall
be located on the deck of public pools.