What does the
ADA mean to you? There are many things taken into consideration with the
ADA. Factors can be how does the ADA relate to your situation, it can be
employment, accommodations, discrimination, parking, or violation of your
civil rights as protected under the United States Constitution. When I
first think of the American’s with Disability Act (ADA), I think of
“reasonable accommodations,” which is stated in the ADA. A business must
make “reasonable accommodations.” What are reasonable accommodations?
According to the Department of Justice (2007), a business must make
accommodations or adjustments to the work environment to enable a person
with a disability to perform his or her task or job function. Reasonable
accommodations also include certain rights and privileges to people with
disabilities in employment to those of a person whom are not disabled.
Did you get that definition of “reasonable accommodations?” Do you
understand? If not, you are not alone in the confusion and gray areas of
“reasonable accommodations.”
The ADA
protects individuals with a disability with certain civil rights and
privileges that society equally enjoys and protects. The ADA includes
businesses of small and corporate make their buildings accessible to
individuals with a disability. Businesses of all types, under the ADA
law, are suppose to remove barriers, make entrances, facilities,
bathrooms, and architectural accessible to the disabled. For example, a
business must provide an accessible way for a person in a wheelchair to
enter the building. Accessibility includes, but not limited too,
doorknobs, doors, aisles that are too narrow, steps to any selling space,
and parking spaces to any business that provides goods and services to the
public. The ADA provides a guide to businesses called the ADA Standards
for Accessible Design, which is in the ADA Title III regulations.
The Accessible
Design specially explains in words and dimensions to assist businesses in
any type of barrier and accommodations. The guide shows how much a grade
a wheelchair ramp is required under the law, how high the sink and toilet,
the turning space in a bathroom, how many parking spaces, and even
explains how heavy a door is required under the ADA. Let me give you a
few examples: Accessible Parking is often overlooked. Under the ADA, a
business, when parking is available to the public, a designated parking
spot for the disabled. According to the Department of Justice (2007),
When parking is
provided for the public, designated accessible parking spaces must be
provided, if doing so is readily achievable. An accessible parking space
must have pace for the vehicle and an additional space located either to
the right or to the left of the space that serves as an access aisle. This
aisle is needed to permit a person using a wheelchair, electric scooter,
or other mobility device to get out of their car or van. A sign with the
international symbol of accessibility must be located in front of the
parking space and mounted high enough so a vehicle parked in the space
does not hide it. Accessible parking spaces should be the spaces closest
to the accessible entrance and be located on level ground. If it is not
readily achievable to locate accessible parking in the closest spaces due
to sloped pavement or other existing conditions, then the closest level
area should be selected. An accessible route must be provided between the
access aisle and the accessible building entrance. This route must have no
steps or steeply sloped surfaces and it must have a firm, stable,
slip-resistant surface. Van accessible spaces must have an access aisle
that is at least eight-feet wide and be designated by a sign with the
international symbol and "van accessible." There should be a vertical
clearance of at least 98 inches on the vehicular route to the space, at
the parking space, and along the vehicular route to an exit.
To sum the quote
above, businesses must provide an accessible parking spot and accessible
route from the parking space to the entrance. The parking space must have
a space provided for a person in a wheelchair adequately to open the door
and get the wheelchair out of the automobile or van. How many times has a
person, who is not disabled with no permit of any kind, park on the line
of the accessible parking spot, or parks too close to the accessible van
and the person with the disability cannot get his or her doors open to let
down the ramp? This author has went into a business and came back out
just to see that someone has parked his or her car too close over the line
and I cannot get my van’s doors open. I have to hunt down the owner or
have a stranger drive my van and move it, so I can open the doors. I
believe the ADA left this part out of the law and law enforcement or
security agencies do not enforce the laws in many cities, counties, and
state. Wheelchair vans clearly state on the door, please do not park
within so many feet, because of a wheelchair lift.
Next let us
return to the reasonable accommodations of the ADA. Within the ADA, a
business can be off the hook sort of say, if the business can prove the
reasonable accommodations will cause them an undue hardship. A business
can bypass the law, if they can prove the reasonable accommodations will
cause them financial hardship. Title I of the ADA requires an employer to
make reasonable accommodations to a qualified employee or applicants,
except when the reasonable accommodation will cause undue hardship. If a
person with a disability is working in an environment and he or she needs
accommodations such as a higher desk, adapted technology, or anything that
will provide the person with a disability to perform his or her job and
related to the job function. A person with a disability should provide
the supervisor or the business with a written request that a reasonable
accommodation is needed and why it is essential for him or her to for job
performance. The reason for a written request is to create a paper trail
and keep copies of all documents related to the request. Just in case you
are denied a request, you can provide documents and backup your request
for accommodations. There have been many lawsuits over the request and
denial of accommodations in the workplace for some reason or another. A
few examples of accommodation in the workplace are: A cashier with a
disability can sit down and do the same job function as standing up. A
person with a disability, such as a hearing impairment, can have a TTY to
use as a telephone, because the telephone is required for him or her to
perform the job requirements, such as a customer service, call center, or
a receptionist. The employer does not have to provide a wheelchair or a
prosthetic leg. Another example might be a person with a medical
condition might need a little extra time to get to work. The employer
might state that he or she needs three weeks or more to get this approved
and on the schedule, this is reasonable accommodation. A person does not
need to say to the employer, “I need extra time, because under the ADA,
you must make reasonable accommodations for me.” A person can just ask
the employer and explain why he or she needs it, because of a medical
condition. Trust me, employers know about the ADA. Only reason should
you cite the ADA occurs when the employer refuses you. The request does
not have to be in writing, but like I said earlier, I recommend it. Undue
hardship can be an accommodation that is less expensive that you initially
requested. Undue hardship can be more expensive than the business. For
example, a business does not have to build an elevator, because it would
cost more to the business than what the business is worth. Reasonable
accommodation would be asking someone to go the top floors for you and
your office would be on the first floor. For example, you work in a to
story office building and your office is on the first floor, but there
might be some files that are kept on the second floor. Reasonable
accommodation will be requesting someone to get the files for you. This
request is reasonable and protected under the law. Most employers will
ask the applicant during the interview process or the day of hiring, if
there might be any accommodations you need to perform your job. Do not
worry if you cannot think of anything right then and there, because you
are not obligated to give an answer of some foreseen barriers or
obstacles. Most accommodations happen well into the employment history
and not solved in the hiring process. Another important concept is the
accommodations can change as the person with a disability changes or a
person become disabled after working with a company. The only thing about
undue hardship is many agencies and business take advantage of this clause
and the federal enforcement of the ADA does not investigate. The ADA
takes you to implement and enforce it.
What does the
ADA mean to you? There are many things taken into consideration with the
ADA. Factors can be how does the ADA relate to your situation, it can be
employment, accommodations, discrimination, parking, or violation of your
civil rights as protected under the United States Constitution. I hope I
gave you some insight to the ADA and how the laws can affect you. I tried
to give a sample of the most common areas of interest and controversy
surrounding the ADA. I invite you to e-mail me with any questions or
future columns that might be of interest to you with the ADA. If you are
someone you know needs assistance with accommodations in the workplace,
discrimination, or any other area, I would suggest you call an advocate
for the disabled or a disability counselor or lawyer. The ADA has many
advantages, but can is a disadvantage, if a person does not know the law
or does not know the civil rights and does not stand up and be a voice.
The ADA can only do what a person knows and protect his or her rights by
exercising the freedom of speech, and liberties, that has been established
since our forefathers founded our country. Exercise your right and use
the ADA to protect your civil liberties.
Department of
Justice (2007. American’s with Disabilities Act. Retrieved on October
13, 2007 from
http://www.usdoj.gov/crt/ada.
Send feedback about this article
to Leslie A. Johnson, BSW
-
dadonwheels@ymail.com
