Legislation that Precedes Universal and Inclusive Design Quiz

Civil Rights Act

- July 2, 1964

- Law Protecting against discrimination based on race, color, religion, gender and national origin. This outlaw's discrimination in public facilities, governmental services and employment.

- This is a monumental act by requiring equal opportunities, but this does not include physical and mental limitations.

Rehabilitation Act

- prohibited discrimination against people with disabilities in all federal agencies or programs receiving federal financial assistance. It required reasonable accommodations for someone with disabilities, accessibility to programs, effective communication for anyone with hearing or visual impairments, and accessibility into new construction and alterations.

- This was the start of equality for those living with disabilities, however it was still only for government workplaces.

Architectural Barriers Act

- required any buildings or facilities that were designed, built or altered with federal dollars or leased by federal agencies after August 12, 1968, be accessible. (U.S. Access Board, 2005) As we read this, note that this means that any facilities prior to this law are not included. However, if there were any alterations to the buildings, the law would take effect, and they must be accessible.

- The other thing to note is that this is for federal buildings/facilities only.

- Example: Post offices, Veterans Affairs (VA) medical facilities, national parks, courthouses, prisons, etc.

Americans with Disabilities Act (ADA)

- came on the scene in 1990 (title I) with additional titles (II and III) being included in 1991.

- gave people with disabilities the same access as everyone else. This act was then later amended in 2008 to include title IV (which includes telecommunications) and title V (which includes miscellaneous provisions).

Disability definition from ADA

1. A physical or mental impairment that substantially limits one or more major life activities of such individual

2. A record of such an impairment

3. Being regarded as having such an impairment

- There are exclusions to the definition: sexual preferences, use of drugs, or behavioral disorders

Impairments

- Physical impairment: any physiological disorder, cosmetic disfigurement or anatomical loss affecting one or more body systems such as speech, hearing, and speech impairments as well as mobility or dexterity loss.

- Mental Impairment: mental or psychological disorders such as emotional or mental illness, specific learning disabilities, etc.

- Substantially limits: for an impairment to be considered a disability, it must cause the individual to be unable to perform or be significantly limited in performing one or more of the major life activities.

- Major life activities: walking, talking, seeing, hearing, breathing, or caring for oneself.

ADA Title 1: Employment

- All employers of 15 or more may not discriminate against qualified individuals with disabilities. This includes part-time employees who have worked for 20 or more weeks in the current or previous years.

- Foreign-based U.S. companies, their subsidiaries, and firms controlled by Americans must comply with the ADA in their employment of U.S. citizens unless such compliance would violate a foreign country's laws.

- Religious organizations must comply but are allowed to give preference in employment to individuals of a particular religion.

Qualified individuals:

- One who has the skills, experience, education, and other job-related requirements of a position, whether or not the individual needs reasonable accommodation and can perform the essential functions of the position he or she holds or desires. (ADA, 2008b)

Some examples that the ADA (2008b) gives in regard to reasonable accommodations to a

facility accessible and usable is:

1. Restructuring a job

2. Modifying work schedules

3. Acquiring or modifying equipment

4. Providing qualified readers or interpreters

5. Appropriately modifying examinations, training or other programs

ADA Title 2: Public Services

- To put it briefly, this encompasses general state and local government services as well as public transportation.

- While this law does not require the facilities to eliminate the barriers that are part of the existing structure, it does require accommodations to be modified for one with disabilities. And this does include all government facilities including jails, detention centers, and other correctional facilities as well. But again, it's not just the structures of these facilities, it is also the services and information provided by the state and local government. They must have alternate accommodations, for those with disabilities, to receive the needed information or services.

ADA Title 3: Public Accommodations and Commercial Facilities

prohibits discrimination on the basis of disability in the activities of places of public accommodations and requires newly constructed or altered places of public accommodation - as well as commercial facilities - to comply with the ADA standards. (ADA. Gov) Public accommodations would include businesses such as restaurants, schools, daycares, medical offices, lodging facilities, etc

ADA Title 4: Telecommunications

requires telecommunication companies to provide telecommunication relay services to individuals with hearing impairments or the deaf through telecommunication devices.

Telecommunication examples

- The device name is a teleprinter which is also known as a teletypewriter, textphone or minicom.

- Another form of a telecommunication device would be a video relay service (VRS). This is a way for a deaf person to have a conversation with a hearing person through the use of an interpreter

- smart phones with the use of videophones.

- requires closed captioning for all television public service announcements produced or funded in whole or in part by the Federal Government.

ADA Title 5: Miscellaneous Provisions

includes insurance issues, explains the relationship between the ADA and other previous laws, and defines explicit restrictions against retaliation or coercion against anyone with a disability who exerts their civil rights. With Title V it states, "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."