HomeMy WebLinkAboutSession 2 ADA Coordinator 7_21_25.pdfCalifornia Joint Powers Insurance Authority Disability Rights Laws
July 21, 2025
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Presenters
Jan Garrett
Deputy Director of ADA Programs
Pat Swartz
Lead Technical Assistance Specialist
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About Pacific ADA Center
Mission:
To provide resources, training, and support to improve awareness and understanding of the rights and responsibilities under the Americans with Disabilities Act
A member of the ADA National Network
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Disability Rights Laws Timeline
1968 – Architectural Barriers Act passes
1973 – Rehabilitation Act of 1973 passes
1977 – Section 504 of the Rehabilitation Act begins to be enforced
1988 –Fair Housing Act adds disability as a protected class
1990 – ADA passes
2008 – ADA Amendments Act passes
1990-present – amendments and updates to disability laws and accessibility standards
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What Pacific ADA Center does
We provide:
Confidential information and resources on the ADA by phone and email
Training
Conferences
Resources and referrals
Website
We do not:
Provide advocacy services
Provide legal advice
Enforce any laws
Report contacts to any enforcement agency
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ADA Overview
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The ADA is a Civil Rights law
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What is a disability under the ADA?
Definition has three sections:
physical or mental impairment that substantially limits one or more major life activities;
having a record or history of such an impairment;
being regarded as or assumed to have such an impairment.
List of major life activities:
Walking
Seeing
Hearing
Speaking
Breathing
Cognitive Functioning
Concentrating
Normal Cell Growth
And many more
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What does “substantially limited” mean?
Compare the person’s ability to perform the major life activity with how most people in the general population perform the activity.
Example: if someone cannot read a large, clear sign when they are 5 feet away from it, that person is substantially limited in the major life activity of seeing.
Should not require a lot of investigation.
Congress wants broad coverage of disability.
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Major bodily functions - major life activities
Immune System
Normal Cell Growth
Digestive Function
Bowel Function
Bladder Function
Neurological System
Brain Function
Respiratory Function
Circulatory System
Endocrine Function
Reproductive Function
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What does “record of” mean?
Having a record of a physical or mental impairment means that you have a history of, or are misclassified as having, that impairment.
Examples:
Someone who had cancer and is now in remission or has recovered would be regarded as a person with a disability if their employer uses that cancer history to refuse their opportunity
for a promotion.
Someone who had asthma as a child that they outgrew as an adult is not allowed into a residential treatment program for adults because the treatment program staff fears they will have
an asthma attack.
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What does “regarded as” mean?
Being regarded as having a physical or mental impairment means that someone assumes you have an impairment that you don’t have and uses that assumption to discriminate.
Regarded as does not apply to impairments that are both transitory (lasting six months or less) and minor.
Examples:
Someone with a quirky personality is assumed to be on the autism spectrum and not placed in a volunteer position they were qualified for.
A child with burn scars is not allowed to participate in an after-school apprentice program because staff assume they have a contagious condition.
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ADA requirements
Covered entities must provide:
an equal opportunity to people w/ disabilities
reasonable accommodations to applicants and employees with disabilities
accessible locations for programs
integrated goods, programs, and services
accessible websites
communication aids and services for participants with hearing, speech, and/or vision disabilities
reasonable modifications to some policies and procedures
ADA has 5 Titles:
Employment
State & Local Governments
Public Accommodations
Telecommunications
Miscellaneous
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General nondiscrimination
Qualified people with disabilities may not:
be excluded from participation in the benefits, service or programs of a public entity, or
face discrimination by a public entity, because of their disability
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Integration
Participation in the goods, services, or programs of a public entity or a public accommodation:
must be in the most integrated setting that fits the needs of the person with a disability
must not be separate or unequal, unless it is equal to what is given to others
Example of non-integration: Asking a Deaf person to participate in a library lecture in a separate room so the other people will not be distracted by the sign language interpreters.
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Maintaining accessible features
Public entities and public accommodations must maintain in operable working condition the features of facilities and equipment that are required to be readily accessible to and usable
by people with disabilities.
Requirement does not prohibit isolated or temporary interruptions in service or access due to maintenance or repairs.
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ADA does not apply to . . .
Tribal governments (may apply to tribal casinos)
Religious entities
Bona fide private membership clubs (must meet criteria under Title III)
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ADA Overview knowledge check
Examples of major life activities include:
Hearing
A broken wrist that will heal in 4 months
Neurological functioning
Both A and C but not B
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ADA Overview answer
Examples of major life activities include:
Hearing
A broken wrist that will heal in 4 months
Neurological functioning
Both A and C but not B
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ADA overview questions
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ADA and Employment Rights
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ADA and work
ADA Title I covers:
private employers with 15 or more employees and
all state and local government employers
People with disabilities must be treated the same as people without disabilities at all stages of work:
Applying for jobs
Interviewing
Training
Pay rates and benefits
Getting promotions
Leave/absences
Termination
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Reasonable accommodations
“Reasonable accommodations” employers make can help people with disabilities apply for and do their jobs.
Examples
different schedule
job coaches to learn a job
equipment that helps with the job
sign language interpreters
workstation in a different location
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Access to State and Local Government Services and
Private Businesses & Organizations
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State and local governments
A person with a disability must be able to use any building or outside area (like a park) and use any service, program, or activity run by state and local governments.
State and local governments must provide program accessibility for buildings and facilities built before the ADA.
Examples of state and local government programs:
state and local government health centers and clinics
public libraries
summer recreation programs
public housing
websites
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Private & open to the public
People with disabilities have the right to buy things from, enter, or use the services of a private business or private non-profit organization that is open to everyone (public accommodation).
Public accommodations must remove accessibility barriers that are “readily achievable” (cheap and easy) in their buildings that were built before the ADA – no grandfathering!
Examples: hotels, restaurants, stores, movie theaters, nonprofit volunteer centers, centers for independent living, and private health clinics and offices.
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Reasonable Modification of Policies, Practices, or Procedures
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Reasonable modification
When necessary to provide equal access to programs, services, facilities, and advantages, reasonable modifications must be made to:
policies
practices
procedures
Unless the modification creates a fundamental alteration
Decide reasonable modifications on a case-by-case basis
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Modification examples
Examples of reasonable modifications can include:
Helping someone who needs assistance to complete forms at the front desk of a program
Moving tables and chairs in a restaurant or café to create a path for a person who uses a wheelchair
Allowing a service animal when you do not allow pets
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Service Animals
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What about service animals?
Government agencies and public accommodations (businesses and non-profits) – must modify no-pet policies to allow service animals.
Service animal - any dog (may have to allow a miniature horse) individually trained to do a task that helps a person with any type of disability.
You can ask:
is the dog a service animal required because of a disability? and
what work or task has the dog been trained to perform?
Must be housebroken and under control.
Must be on a leash or tether or under strict control.
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Emotional support animals
Emotional support or comfort is not considered work or a task
Emotional support animals (ESAs):
are not service animals
are not individually trained
may not be under control
can be any animal, not just dogs or miniature horses
are allowed in housing with a medical professional letter
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Effective Communication
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Effective communication generally
State and local government agencies and higher education institutions must provide people with vision, hearing, and/or speech disabilities equal communication access to their goods,
programs, and services.
Applies to members of the public, customers, program participants, and companions.
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Effective communication considerations
Communication for people with communication-related disabilities must be as effective as communication for people without these disabilities.
Considerations for what communication aids and services to use include:
Nature, context, length, and how complicated the communication is
Individual’s preferred method of communication
Note: Cannot use family members to interpret except in emergency
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Auxiliary aids and services examples
Effective communication must be provided through communication or “auxiliary” aids and services, such as:
Qualified sign language interpreter
Certified Deaf Interpreter (CDI)
Real-time captioning
Assistive listening device
Telephone relay services
Exchanging notes
Alternative format materials
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Website accessibility
Public entities covered by ADA Title II must make their websites and mobile apps accessible following the new Website Accessibility Regulations.
Private businesses and organizations must make their websites and mobile apps accessible as part of their effective communication obligation.
Use the Web Content Accessibility Guidelines 2.1 AA
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ADA and Housing
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How ADA applies to housing
ADA Title II applies to:
residential dwelling units designed, constructed of offered by public entities, whether offered to a single buyer or multiple buyers
housing at public colleges and universities
group homes or shelters
ADA Title III apples to:
housing at a place of private education
shelter owned and/or operated by a private business or nonprofit
2010 ADA Standards for Accessible Design apply to design and construction of housing that falls under the ADA
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More ADA Requirements
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Surcharges
Public and private entities cannot impose “surcharges” on people with disabilities for costs such as:
providing sign language interpreters or real-time captioners
creating documents in braille
extra cleaning of service animal fur in an office
However, service animal handlers must pay for any permanent damage done by service animals
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What about retaliation?
Employers, government agencies, businesses, and non-profit organizations cannot punish a person for asking for and receiving their ADA rights.
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ADA Standards for Accessible Design
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ADA Standards overview
ADA Standards for Accessible Design—along with the ADA Title II and Title III regulations—say what is required for a building or facility to be physically accessible to people with disabilities.
Apply to new construction, alterations, architectural changes to achieve program accessibility under Title II, and barrier removal under Title III.
Original ADA Standards passed in 1991 – known as ADA Accessibility Guidelines or ADAAG.
2010 ADA Standards effective since March 15, 2012.
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2010 ADA Standards chapters
Chapter 1 – Application and Administration
Chapter 2 – Scoping (how many of an element and where to place it)
Chapter 3 – Building Blocks
Chapter 4 – Accessible Routes
Chapter 5 – General Site and Building Elements
Chapter 6 – Plumbing Elements and Facilities
Chapter 7 – Communication Elements and Features
Chapter 8 – Special Rooms, Spaces, and Elements
Chapter 9 – Built in Elements
Chapter 10 – Recreation Facilities
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ADA-related questions
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ADA Defenses
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Undue hardship in employment
An "action requiring significant difficulty or expense" when considered in light of a number of factors.
Factors include:
nature and cost of the accommodation in relation to the size, resources, nature, and structure of the employer's operation.
Consider undue hardship on a case-by-case basis.
Try to find alternatives when one accommodation poses an undue hardship.
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Undue burden
In ADA Title II, term is “undue financial and administrative burden”
Means a significant difficulty or expense
All resources of the covered entity available for use in the funding and operation of the program must be considered
Head of the agency or organization (or someone they designate) must decide if something is an undue burden
Must document reason(s) behind undue burden decision
Need to seek alternatives where possible that don’t cause an undue burden
Tip: Budget for costs like effective communication
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Fundamental alteration
Means a modification so significant that it alters the essential nature of the goods, services, facilities, privileges, advantages, or accommodations offered
Head of the agency or organization (or someone they designate) must decide if something is a fundamental alteration
Must document reason(s) behind fundamental alteration decision
Must try to find an alternative if possible
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Direct threat I
In employment, a significant risk to the health or safety of the employee others that cannot be eliminated by reasonable accommodation.
In Titles II or III, a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices, or procedures, or by the provision of auxiliary
aids or services.
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Direct threat II
Cannot be based on stereotypes or generalizations.
Must be based on an individualized assessment, based on reasonable judgment that relies on current medical evidence or on the best available objective evidence, to determine:
the nature, duration, and severity of the risk; the probability that the potential injury will actually occur; and whether reasonable modifications of policies, practices, or procedures
will mitigate the risk.
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Architectural Barriers Act
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ABA overview
ABA requires that buildings and facilities designed, constructed, altered, or leased with federal funds be accessible to people with disabilities.
Facilities covered by the ABA include federal buildings, including post offices, social security offices, federal courthouses and prisons, and national parks.
Also covers non-federal facilities, such as public housing units and mass transit systems, built or altered with federal grants or loans.
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ABA standards
Very similar to the 2010 ADA Standards.
Used by General Services Administration, Department of Defense, U.S. Postal Service.
U.S. Department of Housing & Urban Development uses the Uniform Federal Accessibility Standards (UFAS).
Include standards for outdoor developed areas on federal land like trails, camping areas, viewing areas, and beach access routes.
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Section 504
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Section 504 overview
“No otherwise qualified individual with a disability in the United States, as defined in . . ., shall, solely by reason of his or her 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 or under any program or activity conducted by any Executive
agency or by the United States Postal Service.”
29 U.S.C. §794
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Section 504 applies
Most common areas where Section 504 apples:
K-12 and post-secondary education
Employment
Healthcare
Transportation
Housing*
Tribal programs*
Religious educational and healthcare institutions*
*ADA may not apply
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Section 504 accessibility standards
In general, entities covered by Section 504 may use the ADA Standards for Accessible Design
In housing that receives federal funding under Section 504, HUD requires the Uniform Federal Accessibility Standards (UFAS)
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Fair Housing Act
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FHA overview
For accessibility purposes, applies to private multi-family housing of four or more units built for first occupancy after March 13, 1991.
Has 7 design requirements for newly constructed housing, including:
entrances
accessible routes
kitchens
bathrooms
common areas
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Reasonable accommodation & modification under FHA
FHA requires housing providers to make reasonable accommodations and allow reasonable modifications that allow residents with disabilities to enjoy an equal housing opportunity.
Reasonable accommodation examples:
giving a resident with a disability a closer parking space to their unit
allowing a resident with a disability to have an assistance animal
Reasonable modification examples (resident pays):
adding grab bars in a bathroom
installing a lift in a common area pool
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Disability laws knowledge check
Laws that can apply to housing include:
ADA
Section 504
Fair Housing Act
All of the above
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Disability laws answer
Laws that can apply to housing include:
ADA
Section 504
Fair Housing Act
All of the above
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State Laws
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California definition of disability
Disabilities are broadly defined as conditions that limit a major life activity, including physical and mental disabilities, as well as medical conditions such as cancer or HIV/AIDS.
California definitions and protections can be broader than protections under federal law.
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Unruh Civil Rights Act
All people are equal regardless of their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation,
citizenship, primary language, or immigration status
These protected classes are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever.
Includes: hotels and motels, nonprofit organizations that have a business purpose or are a public accommodation, restaurants, hospitals, housing accommodations, public agencies, and
retail establishments
California Civil Code Section 51
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Disabled Persons Act
Individuals with disabilities or medical conditions have the same right as the public to the full and free use of:
streets, highways, sidewalks, walkways, public buildings, medical facilities, including hospitals, clinics, and physicians’ offices, public facilities, and other public places.
California Civil Code Section 54.1, et seq
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Fair Employment & Housing Act
Disability discrimination occurs when an employer treats a qualified employee or applicant unfavorably because she has a disability.
Also unlawful to treat a qualified employee or applicant less favorably because of a history of disability, because of the employer’s belief that the individual may have a disability,
or because of the individual’s relationship with a person with a disability.
The law also requires an employer to provide reasonable accommodation to an employee or job applicant with a disability
Unless doing so would cause significant difficulty or expense for the employer (“undue hardship”).
California Government Code 12952
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California electronic & information technology
State government entities, in developing, procuring, maintaining, or using electronic or information technology, either indirectly or through the use of state funds by other entities,
must comply with the accessibility requirements of Section 508 of the federal Rehabilitation Act of 1973, as amended.
California Government Code 7405
Also, entities funded directly by, or receiving financial assistance from, the State, cannot discriminate based on disability and other protected characteristics.
California Government Code 11135
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How will I keep track of all this?
It’s a lot!
Here are the keys:
know, at least generally, what law applies to specific situations
learn how to research answers
reach out to other ADA Coordinators including the California Network
reach out to the Pacific ADA Center
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Overall questions
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Helpful resources
ADA National Network
www.adata.org
Equal Employment Opportunity Commission
https://www.eeoc.gov/eeoc-disability-related-resources
U.S. Department of Justice
www.ada.gov
U.S. Access Board
www.access-board.gov
U.S. Department of Housing & Urban Development
https://www.hud.gov/helping-americans/fair-housing-act-overview
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Stay in touch with us!
Toll-Free: 1-800-949-4232 (Voice/Relay)
Email: info@adapacific.org
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