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HomeMy WebLinkAboutSession 3 ADA Coordinator 8_4_25.pdfUnderstanding Effective Communication, Reasonable Modification, and Digital Accessibility August 4, 2025 Pacific ADA Center 1 California Joint Powers Insurance Authority (JPIA) 1 Pacific ADA Presenters Jan Garrett Deputy Director of ADA Programs Savannah Bradley Community Outreach & Programs 2 2 Agenda Effective communication Reasonable modification of policy, practice, or procedure Digital accessibility basics Websites Documents Social media 3 3 Effective Communication 4 4 Effective communication generally State & local government agencies must provide people with vision, hearing, and/or speech disabilities equal communication access to their goods, programs, and services. 5 5 Who must receive effective communication? Written and verbal information must be as clear and understandable to people with communication disabilities as it is for people without disabilities. This applies to: Participants Members of the Public Companions Family members 6 6 How do you provide effective communication? Effective communication must be provided through communication aids and services. In the ADA, these are called “auxiliary aids and services”. 7 7 Auxiliary aids and services examples Qualified sign language interpreter Certified Deaf Interpreter (CDI) Real-time captioning Assistive listening devices Exchanging written notes Qualified reader Alternative format materials Electronic documents Large print 8 8 Sign language interpreters For people with hearing disabilities who use sign language, effective communication often needs to be provided through sign language interpreters Need a contract with an interpreter service Interpreters can be online or in-person Typically, 2 interpreters are needed for over one hour 9 9 Interpreting in an emergency If someone Deaf needs an interpreter in an emergency situation, you can rely on an adult family member or friend until a sign language interpreter arrives. Never ask a minor to interpret, even in an emergency. 10 10 Video remote interpreting Definition: An interpreting service that uses video conference technology over dedicated lines or wireless technology. Requirements include: High quality video and audio that are clear, real-time, with uninterrupted images Dedicated high-speed connection Clear, sufficiently large and sharp picture, showing face, arms, hands, and fingers Clear and easily understood voices Quick set-up and Training of users 11 11 Real-time captioning For people with hearing disabilities who do not know ASL and can read A real-time captioner types on a stenotype machine with a phonetic keyboard and special software Captioned words then appear on a screen or tablet Captioners can be in-person or remote 12 12 Assistive listening systems Amplify sound and may connect with hearing aids Useful when linked to a microphone or public address system Examples: Hearing loops FM systems Infrared systems Personal amplified systems Bluetooth amplified systems 13 13 Qualified readers When someone with a vision disability needs a document read to them, find a person who is familiar with the terms in the document and how to read them 14 14 People with speech disabilities Allow people with speech disabilities time to complete their thoughts Give the person your full attention Ask the person to repeat what they said, if necessary Rephrase or repeat the person’s comments to make sure you got their point If you still don’t understand, it is appropriate to ask them to write down the information, if that is possible for them Always be respectful 15 15 How to decide which aid or service to use? When you are deciding what communication aid or service to use, you need to consider: What the person with a disability requests and tells you will be effective Nature of the communication – what are you talking about? Length of the communication How complex the communication is 16 16 Effective Communication Best Practices 17 17 Requesting communication aids or services Show how to request effective communication on every website page Train all employees on what effective communication is and how people can request it Have different options for contact (e.g., accessible web form, email, phone number, text, fax if HIPAA is relevant) Make sure effective communication requests go to the person who can make it happen Communicate the effective communication request was fulfilled 18 18 Plan ahead for communication requests When effective communication requests come in, you will need to have plans in place Identify local vendors for braille and how to produce large print documents Contract with local vendors to provide qualified sign language interpreters and captioners Understand how much notice is required for these requests 19 19 Is there a defense available under ADA? Entities covered by the ADA do not have to provide effective communication if it is: A fundamental alteration – complete change in how things are done An undue burden – significant difficulty or expense Remember, these defenses are very hard to prove, especially for a State or local government agency covered by Title II. 20 20 Common courtesy Be respectful when talking with people with disabilities Don’t speak loudly to someone with a disability unless they request that Talk to the Deaf person, not to the interpreter don’t say, “can you ask her . . .”? Use regular language, don’t be afraid to say the wrong thing Announce who you are when you approach a blind person and say when you are about to walk away for a moment or leave the room.  21 21 Effective Communication Questions 22 22 Reasonable Modification of Policy, Practice, or Procedure 23 23 ADA Title II legal requirement 28 CFR Sec. 35.130 (b)(7) (i) A public entity shall make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity 24 24 ADA Title III legal requirement 28 CFR Sec. 36.302 (a) General. A public accommodation shall make reasonable modifications in policies, practices, or procedures, when the modifications are necessary to afford goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities, unless the public accommodation can demonstrate that making the modifications would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations. 25 25 Another way to define reasonable modification A reasonable modification is a change in a policy, practice, or procedure to provide equal access and equal opportunity for a person with a disability. 26 26 Important Difference in ADA Reasonable Modification (ADA Titles II & III) vs. Reasonable Accommodation (ADA Title I) 27 27 Reasonable accommodation under Title I Subchapter I, Sec. 12111 (9) Reasonable accommodation The term "reasonable accommodation" may include (A) making existing facilities used by employees readily accessible to and usable by individuals with disabilities; and (B) job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities. 28 28 How is a reasonable accommodation different? A reasonable accommodation is a modification or adjustment to a job, the work environment, or the way things are usually done during the hiring process. Relates to three aspects of employment: Ensuring equal opportunity in the application process; Enabling a qualified individual with a disability to perform the essential functions of a job; and Making it possible for an employee with a disability to enjoy equal benefits and privileges of employment. 29 29 When are reasonable modifications required? Reasonable modifications may need to be made: Proactively to address discriminatory/exclusionary policies identified through assessment of existing policies, programs, and procedures; OR Reactively on a case-by-case basis in response to requests by people with disabilities. 30 30 Policies that discriminate or exclude Discriminatory/exclusionary policies are ones that: Specifically exclude people because of disability; and Are often based on assumptions or generalizations. 31 31 Example of discriminatory/exclusionary policy A recreation department or a fitness center prohibits all people with apparent mobility disabilities from participating in swimming classes. People who use wheelchairs or other mobility devices, people missing limbs, and those who have noticeable limitations in walking or manual dexterity are not allowed to take any type or level of swimming class because management regards all such individuals as unable to participate safely. 32 32 How does this policy exclude/discriminate? The policy directly discriminates against and excludes people with mobility disabilities, based only on their disability. The policy is based on fears, stereotypes, and assumptions about people with disabilities. 33 33 Can you modify this policy? The policy should be eliminated A new policy based on specific criteria should be applied to everyone Example: all potential participants must demonstrate basic swimming abilities or show evidence of passing a beginning class. People with disabilities can be required to meet a standard, but cannot be required to meet additional or more strict conditions 34 34 Neutral vs discriminatory policies Policies that are neutral may need to be modified on an individualized, as-needed basis to avoid unnecessarily denying opportunities to people with disabilities. Example: Requiring a driver's license for a job where the employee must travel around the region may seem neutral, but certain types of disabilities stop people from driving, and therefore this requirement is discriminatory. Public transit, rideshare, and personal drivers are all examples of options a person can use to travel throughout the region without needing a driver’s license. 35 35 Another sample policy A recreation department or a fitness center requires all people present in any of its classes to pay a registration fee. A person who is blind requests to bring a personal assistant to facilitate their participation in a yoga class. 36 36 How could you modify this policy? Allowing the personal assistant to be present in the class without paying the registration fee because they are assisting the individual who is blind, not participating in the class. 37 37 Specific examples of reasonable modifications Assistance animals Modify “no pets” policies to allow the use of assistance animals (service animals and support animals) Other Power-Driven Mobility Devices Modifying “no vehicles,” or “walk-only zone” policies to allow the use of other power-driven mobility devices (such as Segways) Ticketing Modify policies, practices, or procedures to give people with disabilities an equal opportunity to buy tickets for accessible seating 38 38 Other possible reasonable modifications A department store may need to modify a policy of only allowing one person at a time in a dressing room, if a person with a disability needs assistance from a companion. A town may need to grant a zoning variance to allow a business owner to install an entrance ramp that encroaches three feet into a normally required 12-foot set-back from the curb. A county may need to help someone with a cognitive disability navigate a complex application process, even though applicants are typically expected to complete the application on their own. A restaurant can allow a customer with a disability to request that their meat be cut before serving it. 39 39 Service animals overview Under the ADA, State and local governments and public accommodations generally must modify “no-pet” policies to allow service animals to be with their handlers (people with disabilities) wherever their handlers go. 40 40 How do you know it’s a service animal? Staff may ask two questions: Is the animal required because of a disability? If the handler answers yes, ask the next question.  What work or task(s) has the animal been trained to perform? May not ask about the handler’s disability or to see the task performed. 41 41 Service animal basics A service animal is a dog, a dog, and only a dog . . . but you may need to modify a policy to allow a miniature horse. The animal must be individually trained to perform one or more tasks related to its handler’s disability. The handler can train their own animal. The animal’s task(s) must be physical, but the handler’s disability can be physical, mental, or cognitive. No certification, collar, or vest is required for a service animal. 42 42 Control of service animals Animal must always be under its handler’s control. Must have a leash, harness, or other tether unless: handler is unable to hold the leash or tether because of a disability; or leash or tether would interfere with service animal being able to perform its work or tasks. Even without a leash or tether, handler must control their animal. Cannot run loose, growl, or bark – handler gets one chance to gain back control. Must be housebroken 43 43 Service animals in training A service animal in training not covered by the ADA California Disabled Persons Act allows disabled persons to bring service animals in training to public places Service animals in training must be on a leash and wear a county-issued tag that identifies them as a service animal 44 44 Emotional support animals Emotional support (or comfort animals) are not considered service animals. Providing emotional support, well-being, comfort, or companionship is not “work” or a “task”. ESAs can be almost any type of animal. An ESA doesn’t have to be individually trained to perform one or more task(s). 45 45 Reasonable Modification Questions 46 46 Exceptions/Limitations 47 47 When is a modification NOT reasonable? Fundamental alteration Direct Threat Legitimate safety requirements Undue financial or administrative burden “Regarded as” having a disability 48 48 Fundamental Alteration A "fundamental alteration" is a change that is so significant that it alters the essential nature of the: programs, services, or activities (Title II) goods, services, facilities, privileges, advantages, or accommodations (Title III) 49 49 Fundamental alteration examples In an educational institution, lowering an academic standard, removing a skill that is essential, or removing a requirement that is directly related to qualifying for a license are all examples of fundamental alterations. A museum is not required to allow an individual who is blind touch delicate works of art if the art would be damaged or its integrity threatened. A service dog may be denied entry into hospital operating rooms and burn units or other areas where the animal may compromise a sterile field environment. 50 50 What is a direct threat? A significant risk to the health or safety of others that cannot be eliminated by modification of policies, practices, or procedures or by the provision of auxiliary aids or services Public entities and public accommodations are not required to permit an individual who poses a direct threat to participate in or benefit from their: programs, services, or activities (Title II) goods, services, facilities, privileges, advantages, or accommodations (Title III) 51 51 How do you assess a direct threat? Entities must conduct: An individualized assessment, based on reasonable judgement that relies on current knowledge or on the best available objective evidence. To determine: Nature, duration, and severity of risk; probability that the potential injury will actually occur; whether reasonable modification of policies, practices, or procedures or the provision of auxiliary aids or services will mitigate the risk. 52 52 Direct threat examples An employee with a contagious disease working in a position where they could expose others to the disease, such as in a food handling position. A truck driver taking medication for a disability that causes extreme drowsiness. An employee who could lose consciousness or motor control working in a position that involves operating machinery or heavy equipment. 53 53 Undue administrative & financial burden No specific definition in Title II Decision made by the head of the entity, or designee Considering all resources available for use in funding and operation Written statement of reasons for reaching the conclusion Take any other action that would not result in such burdens, but would ensure the individual receives the benefits and services. 54 54 Examples of undue burden Requiring a city to make all of its curb ramps compliant with the accessibility standards within one year. Restructuring a job as an accommodation that amounts to co-workers being given significantly heavier workloads and being required to work overtime. Requiring a library to provide all their books in large print. 55 55 What are legitimate safety requirements? A public entity may impose legitimate safety requirements necessary for safe operation Safety requirements must be based on actual risks and not on mere speculation, stereotypes, or generalizations about individuals with disabilities. Example: A zoo would not need to allow a service dog in specific areas where the animals on display are the natural prey or predators of dogs, and the presence of a dog would cause the displayed animals to behave aggressively or become agitated. 56 56 Regarded As & Reasonable Modification Public entities and public accommodations are not required to provide a reasonable modification to a person who meets the definition of “disability” solely under the “regarded as” prong of the definition of disability. 57 57 Best Practices for Reasonable Modification 58 58 How do you implement reasonable modification? Determining when, where, and how to implement appropriate modifications of policies and practices requires engagement between individuals with disabilities and the operators of programs and businesses is an interactive process! Ensure staff are trained on reasonable modifications, including when to engage their ADA Coordinator. Utilize the framework presented today as a roadmap to assess incoming requests. Documentation and follow up are key! 59 59 Tracking reasonable modification requests Check the “section-by-section” analysis of the regulations to help with interpreting the application of reasonable modification and its exceptions. Train your colleagues to ask before saying “no” to a reasonable modification request, and when to engage with your office. Consider establishing a centralized request portal through which requests can easily be referred to the responsible department. Have a system for documenting, monitoring, and tracking modification requests; this can help with reporting too! 60 60 Exceptions/Limitations Questions 61 61 Digital Accessibility 62 62 Websites & Documents 63 63 Digital accessibility and you! Making your websites and documents fully accessible is easier than you might think! It’s far easier to design with accessibility in mind rather than go back and fix problems Always aim to make your websites and documents accessible from step 1 Learn the basic fundamental rules and you’re already 99% of the way there 64 64 The most important question Always approach making your content with your audience in mind Ask yourself the following question at every step: Is everyone, regardless of who they are, able to learn the same information from my content? 65 65 Part 1: Mastering the fundamentals 66 66 Mastering the fundamentals: building from the ground up Build your content to be accessible from the start Use the basic fundamentals of digital accessibility Plain language Good heading structure Sans serif fonts Large font sizes High contrast colors Proper alt text This is not an exhaustive list! 67 67 Mastering the fundamentals: plain language Use: Common words Active voice Headings Logical organization Avoid: Complex or technical jargon Redundant words Dense blocks of text All caps, italics or underline text 68 68 Mastering the fundamentals: headings Headings are the basic organizational structure of your content Think of the heading structure as the outline of your content Your headings should follow a logical flow The order of headings are important! There are six heading levels: Heading 1 (h1) Heading 2 (h2) Heading 3 (h3) Heading 4 (h4) Heading 5 (h5) Heading 6 (h6) 69 69 Heading structure example H1: Types of vehicles H2: Vehicles on the road H3: Cars H3: Semi-trailer trucks/Big Rigs H3: Motorcycles H2: Vehicles in the air H3: Airplanes H4: Jet planes H4: Propeller planes H3: Helicopters H2: Vehicles on the water H3: Boats 70 70 More details on headings Headings are organized into order of importance The highest-level heading will be Heading 1 (h1) It isn’t required but is generally best practice to have only a single h1 per webpage or document h1 represents the broadest category of a page or document, and is often the title or main subject Headings beyond h1 will split into subcategories The first subcategories will be Heading 2 (h2), further splits will be Heading 3 (h3) and so on Do not “jump” headers: h2s should split into h3s, h3s should split into h4s You can have as many h2s and beyond as needed 71 71 Mastering the fundamentals: text fonts and colors Use high contrast fonts and backgrounds Black text on a white background (and the reverse) is always perfect contrast! We will discuss tools to check color contrast later in this presentation Use sans serif style fonts Calibri Arial Verdana Use large font sizes 24-point font is a good baseline for minimum size If you can’t fit everything into a slide, don’t be afraid to split it into more! 72 72 Mastering the fundamentals: images and links Use descriptive hyperlink text Avoid links that only say “Click here” Limit image use that is only decorative Alt text all images that need it Avoid flashing animations Avoid images with lots of text 73 73 Mastering the fundamentals: video content Use closed captions with any video content that you provide Provide a downloadable version of the captions or a transcript of the video Make sure the video player has basic controls such as play, pause and stopping Avoid using autoplay for your videos Avoid using content with flashing lights Provide a warning if you can’t avoid using flashing lights in the video 74 74 Mastering the fundamentals: alt text Alt text is a tool that allows screen readers to read special text connected to an image All images on your website or documents must either have alt text or be marked as decorative Images that provide more content or information to your slide will need alt text Images that are just there to look nice should be marked as decorative How to add alt text will depend on where you are working Any basic website editor or program such as Microsoft Word or PowerPoint will have an option to add alt text when you upload an image 75 75 Mastering the fundamentals: miscellaneous tips Avoid overcrowding your content! Avoid large, unbroken blocks of text Prioritize on making your content understandable and easy to absorb Consistency is key! Maintain your design choices across your content Keep fonts, colors, and other elements uniform Have others review your content Example: Have someone who uses a screen reader go through your website 76 76 Social Media 77 77 Why social media accessibility matters Social media has increasingly become a part of our everyday lives, and is a key part of exchanging news and information In a 2022 study, 13.4% of the United States population had a disability Social media accessibility allows us to reach that population 78 78 Web Content Accessibility Guidelines (WCAG), Section 508 Compliance and the ADA WCAG serves as the universal standard for web and digital accessibility Section 508 legally mandates WCAG compliance for federal agencies and organizations that receive federal funds, requiring they provide accessible digital and electronic communication Improves usability for all users, including those with visual, auditory, motor, and cognitive impairments Following Section 508 guidelines helps private businesses and state/local governments align with ADA accessibility expectations 79 79 Visual Accessibility Do's Scenic mountainscape Describe images with alternative text Follow a linear layout with text and graphics Write descriptive links and headings Use simple font colors Aa Use readable fonts and font sizes Don'ts Place text overlay on images or not add text description Spread content in a disorganized manner on graphic Write "click here" without describing what the link is Use bright font colors Aa Use small hard to read fonts or symbols 80 80 Alt-text for images and other tips Alt-text, also known as alternative text, provides a brief image description of photos, graphics, and visual content, it is an essential part of making web content accessible Alt-text should include any information that is available visually. This includes descriptions of any photos or graphics and any text that appears in the image Use camel case for hashtags (ex: #SocialMediaTips versus #socialmediatips) 81 81 Content accessibility: good vs. bad alt-text Photo credit: Disabled and Here, Affect the Verb 82 Bad alt-text: An image of people. Good alt-text: A group of three friends preparing food at a kitchen island. The two people on either side of the person in the center are dark-skinned, and the person in the center is light-skinned and using a wheelchair. 82 Digital Accessibility Questions 83 83 Stay in touch with us! Toll-Free: 1-800-949-4232 (Voice/Relay) Email: info@adapacific.org Check out our website: www.adapacific.org Join our email list: www.adapacific.org/subscribe/ Follow us on social media: X/Twitter: @PacificADACtr Facebook & LinkedIn: Pacific ADA Center YouTube: @PacificADACenter 84 84 Thank you! Please complete your evaluations Evaluation Link: surveymonkey.com/r/PacificADA24-25 85 85