AMERICANS WITH DISABILITIES ACT Protecting Your Entity from ADA

Lawsuits

Presented toTennessee Association of Municipal Clerks and

RecordersSeptember 20, 2019

Murfreesboro, Tennessee

LEGAL DISCLAIMER

• Nothing in this presentation constitutes legal advice.• It is for general information only, and no attorney-client

relationship is created.• Always contact your attorney should you have any

specific questions about any legal matter. • Never rely on this information as an alternative to legal

advice from your attorney. • Do not delay seeking legal advice, commence, or

discontinue any legal action or disregard legal advice, due to information contained in this paper or presentation.

RESOURCES USED FOR THIS PRESENTATIONMost of the material contained in this presentation comes directly from following three resources from the federal government.

28 CFR Part 35 – Nondiscrimination the Basis of Disability in State and Local Government Services. CFR stands for Code of Federal Regulations

Technical Assistance Manual for Title I of the ADAhttps://askjan.org/publications/ada-specific/Technical-Assistance-Manual-for-Title-I-of-the-ADA.cfmIt can also be found on the Montgomery County, Maryland website athttps://www.montgomerycountymd.gov/OLO/Resources/Files/appendix_p-fed.pdf

RESOURCES USED FOR THIS PRESENTATIONThe Americans with Disabilities Act Title II Technical Assistance Manual Covering State and Local Government Programs and Services

https://www.ada.gov/taman2.html

This presentation provides a limited overview of the application of Title I and Title II of the ADA to public entities. You should consult your attorney, the EEOC website or the Department of Justice website for further information.

Also seehttps://www.ada.gov/pcatoolkit/toolkitmain.htm

AMERCIANS WITH DISABILITY ACT (ADA) Protects the rights of people who have a physical or mental impairment that substantially limits their ability to perform one or more major life activities.

RESOURCES USED FOR THIS PRESENTATION

Also seehttps://www.ada.gov/pcatoolkit/toolkitmain.htm

Caution: This tool kit has not been updated since 2006, but it provides some additional analysis and descriptions for all aspects discussed in this PowerPoint pertaining to Title II compliance. The material must be updated to current requirements.

PHYSICAL OR MENTAL IMPAIRMENT

Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more body systems, such as neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, immune, circulatory, hemic, lymphatic, skin and endocrine.

PHYSICAL OR MENTAL IMPAIRMENT

Includes any mental or psychological disorder, such as intellectual disability (formerly termed mental retardation) organic brain syndromeemotional or mental illnessspecific learning disabilities.

NON-EXHAUSTIVE LIST OF EXAMPLES OF MAJOR LIFE ACTIVITIES• Caring for oneself• Performing manual tasks• Seeing• Hearing• Eating• Sleeping• Walking• Standing• Sitting• Reaching

NON-EXHAUSTIVE LIST OF EXAMPLES OF MAJOR LIFE ACTIVITIES• Lifting• Bending• Speaking• Breathing• Learning• Reading• Concentrating• Thinking• Communicating• Interacting with others• Working

NON-EXHAUSTIVE LIST OF EXAMPLES OF MAJOR LIFE ACTIVITIESOperation of major bodily functions, including functions of the

• Immune system• Special sense organs and skin• Normal cell growth• Digestive• Genitourinary• Bowel• Bladder• Neurological• Brain

NON-EXHAUSTIVE LIST OF EXAMPLES OF MAJOR LIFE ACTIVITIES

• Respiratory• Circulatory• Cardiovascular• Endocrine• Hemic• Lymphatic• Musculoskeletal• Reproductive functions• Operation of an individual organ within a body

system

TITLE I BASICS

Technical Assistance Manual for Title I of the ADAhttps://askjan.org/publications/ada-specific/Technical-Assistance-Manual-for-Title-I-of-the-ADA.cfm

It can also be found on the Montgomery County, Maryland website at https://www.montgomerycountymd.gov/OLO/Resources/Files/appendix_p-fed.pdf

TITLE I BASICS

• EEOC enforcement• Covers employees and employers of all public

entities with 15 or more employees.• Section 504 of the Rehabilitation Act prohibits

discrimination in employment in programs or activities that receive Federal financial assistance, including federally funded State or local programs or activities.

TITLE I BASICS

Prohibits employment discrimination against qualified individuals with disabilities

• has a physical or mental impairment that substantially limits one or more of his/her major life activities;

• has a record of such an impairment; or• is regarded as having such an impairment.

TITLE I BASICS

• Qualified means that the individual meets the necessary prerequisites for the job and can perform the essential functions of the job.

• Prohibits discrimination in recruitment, hiring, promotions, training, pay, social activities, and other privileges of employment.

• Restricts questions that can be asked about an applicant's disability before a job offer is made.

TITLE I BASICS

Requires employers to make reasonable accommodation in the employment relationship to the known physical or mental limitations of otherwise qualified individuals with disabilities, unless it results in undue hardship.

TITLE I BASICS

• People who currently use drugs illegally are not individuals with disabilities protected under the ADA when an employer takes action because of their continued use of drugs, including people who use prescription drugs illegally as well as those who use illegal drugs.

• People who have been rehabilitated and do not currently use drugs illegally, or who are in the process of completing a rehabilitation program may be protected by the ADA.

TITLE I BASICS

Does not require a public entity to provide to individuals with disabilities personal devices, such as wheelchairs; individually prescribed devices, such as prescription eyeglasses or hearing aids; readers for personal use or study; or services of a personal nature including assistance in eating, toileting, or dressing

TITLE I BASICS

• Must provide a reasonable accommodation to an otherwise qualified disabled person when needed to perform the essential functions of a job, or in the hiring process.

• A reasonable accommodation is any modification or adjustment to a job, an employment practice, or the work environment that makes it possible for an individual with a disability to enjoy an equal employment opportunity.

• Must use the interactive process when determining the reasonable accommodation.

TITLE II

The Americans with Disabilities Act Title II Technical Assistance Manual Covering State and Local Government Programs and Serviceshttps://www.ada.gov/taman2.html

• Local governments, regardless of size, are covered by employment nondiscrimination requirements under Title II of the ADA

• Department of Justice enforces Title II

TITLE II

• Applies to all programs, services, or activities of public entities, from adoption services to zoning

• Applies to Title II entities that contract with other entities to provide public services (such as non-profit organizations that contract with public entities that provide functions for the public entities

TITLE II

• Requires local government to follow specific architectural standards in the new construction and alteration of their buildings

• Must relocate programs or otherwise provide access in inaccessible older buildings, and communicate effectively with people who have hearing, vision, or speech disabilities.

• Not required to take actions that would result in undue financial and administrative burdens.

TITLE II

Required to make reasonable modifications to policies, practices, and procedures where necessary to avoid discrimination, unless they can demonstrate that doing so would fundamentally alter the nature of the service, program, or activity being provided.

TITLE II

• Prohibits isolating, separating, or denying people with disabilities the opportunity to participate in the programs that are offered to others.

• Programs, activities, and services must be provided to people with disabilities in integrated settings.

• Does not require nor prohibits programs specifically for people with disabilities.

TITLE II

• Can offering a special program as an alternative, individuals with disabilities have the right to choose whether to participate in the special program or in the regular program

• Individuals with disabilities have to meet the essential eligibility requirements, such as age, income, or educational background, needed to participate in a public program, service, or activity, just like everyone else.

REASONABLE MODIFICATION OF POLICIES AND PROCEDURES

• A practice that seems neutral makes it difficult or impossible for a person with a disability to participate.

• In these cases, the ADA requires public entities to make “reasonable modifications” in their usual ways of doing things when necessary to accommodate people who have disabilities.

REASONABLE MODIFICATION OF POLICIES AND PROCEDURES• A public entity must reasonably modify its

policies, practices, or procedures to avoid discrimination.

• If the public entity can demonstrate, however, that the modifications would fundamentally alter the nature of its service, program, or activity, it is not required to make the modification.

TITLE II – NEW CONSTRUCTION AND ALTERATIONS• On or after March 15, 2012, all newly

constructed or altered facilities must comply with all of the requirements in the 2010 ADA Standards for Accessible Design.

• If elements in existing facilities already comply with corresponding elements in the 1991 Standards and are not being altered, then entities are not required to make changes to those elements to bring them into compliance with the 2010 Standards.

NO GRANDFATHER CLAUSE OR SMALL CITY EXEMPTION

• There is no grandfather clause in the ADA, even for small cities. There is no exemption for small cities.

• City governments must comply with Title II of the ADA, and must provide program access for people with disabilities to the whole range of city services and programs.

NO GRANDFATHER CLAUSE OR SMALL CITY EXEMPTION• In providing program access city governments are not required to

take any action that would result in a fundamental alteration to the nature of the service, program, or activity in question or that would result in undue financial and administrative burdens. ALMOST NEVER APPLICABLE.

• This determination can only be made by the head of the public entity or a designee and must be accompanied by a written statement of the reasons for reaching that conclusion.

• The determination that undue burden would result must be based on all resources available for use in a program.

• If an action would result in such an alteration or such burdens, a city government must take any other action that it can to ensure that people with disabilities receive the benefits and services of the program or activity. 28 C.F.R. § 35.150(a)(3).

TITLE II – NEW CONSTRUCTION AND ALTERATIONS• On or after March 15, 2012, public entities must

consider the supplemental requirements (such as swimming pools, play areas, and fishing piers) in the 2010 Standards to assess compliance with program accessibility.

• If elements in existing facilities already comply with corresponding elements in the 1991 Standards or the UFAS and are not being altered, then title II entities are not required to make changes to those elements to bring them into compliance with the 2010 Standards.

TITLE II – NEW CONSTRUCTION AND ALTERATIONS• Where a public entity must provide an accessible

route, the route must remain accessible and not blocked by obstacles such as furniture, filing cabinets, or potted plants.

• Mechanical failures in equipment such as elevators or automatic doors will occur from time to time. There is no violation if the repairs are made promptly, provided there is not improper or inadequate maintenance does not cause repeated and persistent failures.

TENNESSEE LAW ON PUBLIC BUILDING ACCESSIBILTYTennessee Public Buildings Accessibility Act -T.C.A. § 68-120-201-205• The term “Public Building” applies to any building,

structure, or improved area owned or leased by the state of Tennessee or its political subdivisions, and any building, structure, or improved area used primarily by the general public as a place of gathering or amusement

• Includes theaters, restaurants, hotels, factories, office buildings, stadiums, hospitals, voting areas, shopping areas, convention centers and all other public accommodations

TENNESSEE LAW ON PUBLIC BUILDING ACCESSIBILITY

Requires any public building to be:• constructed, enlarged, or substantially

altered or repaired after July 1, 2012, • to be designed and constructed pursuant to

specifications, approved by the responsible authority, making such building accessible to, and usable by, persons who have a physical disability.

TENNESSEE LAW ON PUBLIC BUILDING ACCESSIBILITY• The minimum specifications, except as provided

in subdivision (a)(2) and § 68-120-205, shall be the 2010 ADA Standards for Accessible Design, and any further amendments, supplements or subsequent editions, or any other code as the state fire marshal determines by rule.

• The minimum specifications for a project shall be those in effect at the time the project is submitted to the responsible authority for final approval of the construction, enlargement, alteration, or repair.

TENNESSEE LAW ON PUBLIC BUILDING ACCESSIBILITY• All public buildings constructed or remodeled in

accordance with the standards, and requirements of this part, or containing facilities that are in compliance therewith, shall display a symbol, which is white on a blue background. The specifications for this symbol shall be furnished by the department of transportation indicating the location of such facilities designed for persons with physical disabilities

• Any unauthorized deviation from these standards and specifications shall be rectified by full compliance within one hundred twenty (120) days after discovery of the deviation. The failure thereafter to so rectify is a Class C misdemeanor for each day of noncompliance.

TITLE II - OBLIGATION OF PUBLIC ENTITY

A public entity must operate each service, program, or activity so that the service, program, or activity, when viewed in its entirety, is readily accessible to and usable by individuals with disabilities. This does not require

• a public entity to make each of its existing facilities accessible to and usable by individuals with disabilities;

• a public entity to take any action that would threaten or destroy the historic significance of an historic property; or

• a public entity to take any action that it can demonstrate would result in a fundamental alteration in the nature of a service, program, or activity or in undue financial and administrative burdens.

TITLE II - OBLIGATION OF PUBLIC ENTITY

• Where a public entity must provide an accessible route, the route must remain accessible and not blocked by obstacles such as furniture, filing cabinets, or potted plants.

• Mechanical failures in equipment such as elevators or automatic doors will occur from time to time. No violation if the repairs are not made promptly, provided there is not improper or inadequate maintenance does not cause repeated and persistent failures

SELF-EVALUATION

All public entities must perform a self-evaluation

• 49 CFR § 27 and 28 CFR §35 • The entity must evaluate its current services,

policies, and practices, and the effects thereof, that do not or may not meet the requirements of Title II.

SELF-EVALUATION

Additionally public entities employees with 50 or more employees are required to --• 1) Develop a grievance procedure;• 2) Designate an individual to oversee title II compliance;• 3) Develop a transition plan if structural changes are

necessary for achieving program accessibility; and• 4) Retain the self-evaluation for three years and make

available for public inspection:• (1) A list of the interested persons consulted;• (2) A description of areas examined and any problems

identified; and• (3) A description of any modifications made.

SELF-EVALUATION

• The purpose of the evaluation is to identify barriers in programs and activities that prevent individuals with disabilities from access. Areas might include sidewalks, curbs and slopes on sidewalks, parking lots, pedestrian signals, pedestrian crossings, sidewalks, curbs, parking lots communication devices.

• To the extent modification of any such services, policies, and practices is required, the public entity shall proceed to make the necessary modifications.

SELF-EVALUATION

• Methods of inspection include visual inspections and surveys using a checklist. See checklist available at https://adachecklist.org/doc/fullchecklist/ada-checklist.pdf.

• This checklist was produced by the New England ADA Center, a member of the ADA National network, and it holds the copyright on the checklist.

• It states that one can freely reproduce and distribute this content including proper attribution, but must get permission before using the content as a fee-based product.

• You might want to call the organization and make sure you can use it that you have their permission. Additionally this checklist and checklists for recreational facilities are available at www.adachecklist.org.

SELF-EVALUATION

• Must provide an opportunity to interested persons, including individuals with disabilities or organizations representing individuals with disabilities, to participate in the self-evaluation process by submitting comments.

• The self-evaluation should produce an inventory of facilities needing structural modification necessary for accessibility by individuals with disabilities.

TRANSITION PLAN

• Every public entity with 50 or more employees, for the entire entity, must develop transition plan pursuant to the requirements of Title II of the Americans With Disabilities Act. 28 CFR § 35.150

• 50 employees is determine by the government wide total number of employees, including part-time employees.

TRANSITION PLAN

• Once deficiencies have been identified in facilities, programs, and services through the self-evaluation process, a transition plan setting forth the steps necessary to complete changes to provide for accessibility must be created.

TRANSITION PLAN

At a minimum, the plan must • (i) Identify physical obstacles in the public

entity's facilities that limit the accessibility of its programs or activities to individuals with disabilities;

• (ii) Describe in detail the methods that will be used to make the facilities accessible;

TRANSITION PLAN

• (iii) Specify the schedule for taking the steps necessary to achieve compliance and, if the time period of the transition plan is longer than one year, identify steps that will be taken during each year of the transition period; and

• (iv) Indicate the official responsible for implementation of the plan.

SAFE HARBOR

• Elements that have not been altered in existing facilities on or after March 15, 2012 and that comply with the corresponding technical and scoping specifications for those elements in either the 1991 Standards or in the Uniform Federal Accessibility Standards (UFAS), Appendix A to 41 CFR part 101-19.6 (July 1, 2002 ed.), 49 FR 31528, app. A (Aug. 7, 1984) are not required to be modified in order to comply with the requirements set forth in the 2010 Standards.

DESIGNATION OF RESPONSIBLE EMPLOYEE AND ADOPTION OF GRIEVANCE PROCEDURES

• A public entity with 50 or more employees must designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under this part, including any investigation of any complaint communicated to it alleging its noncompliance with this part or alleging any actions that would be prohibited by this part.

• Must make available to all interested individuals the name, office address, and telephone number of the employee or employees designated pursuant to this paragraph.

DESIGNATION OF RESPONSIBLE EMPLOYEE AND ADOPTION OF GRIEVANCE PROCEDURES

• A public entity with 50 or more employees must also adopt and publish grievance procedures providing for prompt and equitable resolution of complaints alleging any action that would be prohibited by this part.

DESIGNATION OF RESPONSIBLE EMPLOYEE AND ADOPTION OF GRIEVANCE PROCEDURESThe grievance procedure should include:• a description of how and where a complaint under Title II may be

filed with the government entity;

• if a written complaint is required, a statement notifying potentialcomplainants that alternative means of filing will be available topeople with disabilities who require such an alternative;

• a description of the time frames and processes to be followed bythe complainant and the government entity;

• information on how to appeal an adverse decision; and

• a statement of how long complaint files will be retained.

CURB RAMPS

• Must provide curb ramps on sidewalks and walkways almost without exception. Walkways include locations where access is required for use of public transportation, such as bus stops that are not located at intersections or crosswalks.

• Must give priority to walkways serving state and local government offices and facilities, transportation, places of public accommodation, and employees, followed by walkways serving other areas.

CURB RAMPS

• This schedule must be included as part of a transition plan.

• Public entities may choose to construct curb ramps at every point where a pedestrian walkway intersects a curb.

• However, public entities are not necessarily required to construct a curb ramp at every such intersection.

CURB RAMPS

• Alternative routes to buildings that make use of existing curb cuts may be acceptable under the concept of program accessibility in the limited circumstances where individuals with disabilities need only travel a marginally longer route.

• In addition, the fundamental alteration and undue burdens limitations may limit the number of curb ramps required.

CURB RAMPS

To achieve or maintain program accessibility, it may be appropriate to establish an ongoing procedure for installing curb ramps upon request in areas frequented by individuals with disabilities as residents, employees, or visitors.

DISABLED PARKING

• Must provide an adequate number of accessible parking spaces in existing parking lots or garages over which it has jurisdiction.

• For basic requirements see https://www.ada.gov/restriping_parking/restriping2015.html

• T.C.A. section 55-21-105

DISABLED PARKING

• Accessible parking spaces must be located on the shortest accessible route of travel to an accessible facility entrance.

• If there are multiple accessible entrances with adjacent parking, the accessible parking spaces must be dispersed and located closest to the accessible entrances.

• When accessible parking spaces are added in an existing parking lot or structure, locate the spaces on the most level ground close to the accessible entrance.

• It never has curbs or stairs.

PLAYGROUNDS

Playground Standards for Title II

• ADA Added Playground regulation in 2010, all existing play areas were required to meet the 2010 standards by March 2012.

https://www.playitsafeplaygrounds.com/playground-planning/understanding-ada-access-on-your-playground-what-is-required/

• ADA Accessibility Rules for Alterations to Existing Facilities https://www.nrpa.org/parks-recreation-magazine/2017/august/ada-accessibility-rules-for-alterations-to-existing-facilities/

• ADA Compliance for Playground http://accessadvocates.com/ada-compliance-for-playgrounds/

PLAYGROUNDS

• Tips to Create a Wheelchair Accessible Playgroundhttps://www.playgroundequipment.com/tips-to-create-a-wheelchair-accessible-playground/

• ADA Compliance for Playground http://accessadvocates.com/ada-compliance-for-playgrounds/

• Tips to Create a Wheelchair Accessible Playgroundhttps://www.playgroundequipment.com/tips-to-create-a-wheelchair-accessible-playground/

COMMUNICATIONS

• A public entity must ensure that its communications with individuals with disabilities are as effective as communications with others.

• Exceptions fundamental alteration in the nature of its services, programs, or activities, or in undue financial and administrative burdens.

AUXILIARY AIDS

In order to provide equal access, a public accommodation is required to make available appropriate auxiliary aids and services where necessary to ensure effective communication. Auxiliary aids and services are services and devices that promote effective communication.

AUXILIARY AIDS AND DEVICES

For deaf or hard of hearing include • qualified interpreters (An interpreter who is able to sign to the

individual who is deaf what is being said by the hearing person and who can voice to the hearing person what is being signed by the individual who is deaf.)

• notetakers• computer-aided transcription services written material• telephone handset amplifiers• assistive listening systems• telephones compatible with hearing aids• closed caption decoders• open and closed captioning• telecommunications devices for deaf persons (TDD's),• videotext displays• exchange of written notes.

AUXILIARY AIDS AND DEVICES

• For vision impairments include –• qualified readers• taped texts• audio recordings• Braille materials• large print materials• assistance in locating items.

AUXILIARY AIDS AND DEVICES

For speech impairments include –• TDD's• computer terminals• speech synthesizers• communication boards.• The type of auxiliary aid or service necessary to

ensure effective communication will vary in accordance with the length and complexity of the communication involved.

SERVICE ANIMALS

Title II – Public Accessibility

• Dogs are the recognized service animals under Title II.

• Generally, must allow service animals to accompany people with disabilities in all areas where members of the public are allowed to go.

SERVICE ANIMALS

• Service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities.

• Service animals are working animals, not pets.• The work or task a dog has been trained to

provide must be directly related to the person’s disability.

• Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA.

SERVICE ANIMALS

Service animals must be harnessed, leashed, or tethered, unless these devices interfere with the service animal’s work or the individual’s disability prevents using these devices. In that case, the individual must maintain control of the animal through voice, signal, or other effective controls.

SERVICE ANIMALS

A public entity may ask an individual with a disability to remove a service animal from the premises if—

• (1) The animal is out of control and the animal's handler does not take effective action to control it; or

• (2) The animal is not housebroken. If the dog must leave, but the person may stay.Public entity does not have to care or supervision of the dog.

SERVICE ANIMALS

When it is not obvious what service an animal provides, only limited inquiries are allowed. • May ask two questions:

• (1) is the dog a service animal required because of a disability, and

• (2) what work or task has the dog been trained to perform.

SERVICE ANIMALS

Cannot ask about –• the person’s disability; • require medical documentation; • require a special identification card or

training documentation for the dog; or • ask that the dog demonstrate its ability to

perform the work or task.

SERVICE ANIMALS

• Allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals.

• Must accommodate both the service animal and the individual with allergies

SERVICE ANIMALS

Miniature Horses• Miniature horses generally range in height from 24 inches

to 34 inches measured to the shoulders and generally weigh between 70 and 100 pounds.

• Must permit miniature horses where reasonable.• Can use assessment factors in the regulations. • The assessment factors are (1) whether the miniature horse

is housebroken; (2) whether the miniature horse is under the owner’s control; (3) whether the facility can accommodate the miniature horse’s type, size, and weight; and (4) whether the miniature horse’s presence will not compromise legitimate safety requirements necessary for safe operation of the facility.

SERVICE ANIMALS

The assessment factors for a miniature horse are:• (1) whether the miniature horse is

housebroken; • (2) whether the miniature horse is under the

owner’s control; • (3) whether the facility can accommodate the

miniature horse’s type, size, and weight; and • (4) whether the miniature horse’s presence

will not compromise legitimate safety requirements necessary for safe operation of the facility.

WEB SITE ACCESSIBILITY

ADA Website Standards for Title II - Current Standard as of June 2018, WCAG 2.1 AA - Website and TelecommunicationsRehabilitation Act of 1973https://www.access-board.gov/the-board/laws/rehabilitation-act-of-1973

Rehabilitation Act of 1973 Section 508 https://www.access-board.gov/the-board/laws/rehabilitation-act-of-1973#508

WEB SITE ACCESSIBILITY

Refresh of Section 508 Standards and Telecommunications Act Guidelineshttps://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/

Information and Communication Technology (ICT) Final Standards and Guidelines https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule

WEB SITE ACCESSIBILITY

Accessibility of State and Local Government Websites to People with Disabilities

https://www.ada.gov/websites2.htm

https://www.ada.gov/pcatoolkit/chap5toolkit.htm

Telecommunications Act Accessibility Guidelines https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-telecommunications-act-guidelines/

WEB SITE ACCESSIBILITY

Website Accessibility Standardshttps://www.w3.org/standards/webdesign/accessibilityhttps://www.w3.org/WAI/standards-guidelines/wcag/

WCAG 2.1 AA (WCAG - Web Content Accessibility Guidelines)

https://www.w3.org/TR/WCAG21/

ADDITIONAL RESOURCESADA Resources for Title I

Job Accommodation Networkhttps://askjan.org/

ADA Resources for Title I and Title II

Regional ADA Centers https://adata.org/find-your-regionhttp://www.adasoutheast.org/

ADDITIONAL RESOURCESADA Resources for Title II

General - 2010 Standards for Accessible Design (2010 Standards) These standards are required for new construction and alterations for Titles II and III.

https://www.ada.gov/regs2010/2010ADAStandards/2010ADAStandards_prt.pdf

Americans with Disability Act of 1990 (Pub. L. 101-336)https://www.ada.gov/archive/adastat91.htm

Americans with Disability Act as Amended (ADAAA) - Enacted on September 25, 2008, effective January 1, 2009.

https://www.ada.gov/pubs/adastatute08mark.htm

Tennessee Public Buildings Accessibility Act - Tennessee Code Annotated § 68-120-201https://www.tn.gov/commerce/fire/codes-enforcement/tennessee-public-buildings-accessibility-act.html

Title II Technical Assistance Manual (1993) and Yearly Supplementshttps://www.ada.gov/taman2.html

ADDITIONAL RESOURCES

Facilities and Scoping Guidelines:Americans with Disability Act Accessibility Guidelines (ADAAG) 2010 Standards include 28 CFR 35.151 and the 2004 ADAAG at 36 CFR part 1191, Appendices B and D. If any differences exist, 28 CFR § 35.151 prevails.

28 CFR § 35.151 https://www.ecfr.gov/cgi-bin/text-idx?SID=1ad026a6e4f8c4ae898328a5583c0fd3&node=se28.1.35_1151&rgn=div8

36 CFR part 1191, including - 36 CFR Appendix B to part 1191 and 36 CFR Appendix D to part 1191

https://www.ecfr.gov/cgi-bin/retrieveECFR?gp=1&SID=940d9276affa36e277dad822c57e38db&h=L&r=PART&n=pt36.3.1191

ADDITIONAL RESOURCESWebsite and Telecommunications:Rehabilitation Act of 1973https://www.access-board.gov/the-board/laws/rehabilitation-act-of-1973

Section 508: https://www.access-board.gov/the-board/laws/rehabilitation-act-of-1973#508

Accessibility of State and Local Government Websites to People with Disabilitieshttps://www.ada.gov/websites2.htm

Refresh of Section 508 Standards and Telecommunications Act Guidelineshttps://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh

Telecommunications Act Accessibility Guidelines https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-telecommunications-act-guidelines

ADDITIONAL RESOURCES

Public Safety: ADA Information for Law Enforcement

https://www.ada.gov/policeinfo.htm

Emergency Procedures for Employees with Disabilities in Office Occupancies

https://cws.auburn.edu/shared/content/files/1571/fire_emergency-procedures-employees-disabilities.pdf

ADDITIONAL RESOURCES

Parks and Recreation:Recreation Facilities

https://www.access-board.gov/guidelines-and-standards/recreation-facilities/about-recreation-facilities

Outdoor Developed Areashttps://www.access-board.gov/guidelines-and-standards/recreation-facilities/outdoor-developed-areas

Shared Used Pathshttps://www.access-board.gov/guidelines-and-standards/streets-sidewalks/shared-use-paths/about-this-rulemaking

ADDITIONAL RESOURCESSidewalks and Curb cutsProposed Guidelines for Pedestrian Facilities in the Public Right-of-Way (PROWAG)

https://www.access-board.gov/guidelines-and-standards/streets-sidewalks/public-rights-of-way/proposed-rights-of-way-guidelines

TransportationTransportation Facilities

https://www.access-board.gov/guidelines-and-standards/transportation/facilities/about-the-ada-standards-for-transportation-facilities

Transportation Vehicles https://www.access-board.gov/guidelines-and-standards/transportation/vehicles/about-adaag-for-transportation-vehicles

Passenger Vehicles https://www.access-board.gov/guidelines-and-standards/transportation/passenger-vessels/about

QUESTIONS