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An Architect of the ADA on Its Application to Modern Technology

Bobby SilversteinPrincipal Attorney Powers Pyles Sutter & Verville, PC

www.3playmedia.comtwitter: @3playmedialive tweet: #a11y

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Patrick Loftus (Moderator)Marketing Assistant3Play Mediapatrick@3playmedia.com

OLC Workshops of Interest to You

Special discounts available for OLC Members!

November 7 - 13, 2016 – Fundamentals: ADA and Web Accessibility

http://onlinelearningconsortium.org/learn/workshops

APPLICATION OF THE ADA TO MODERN TECHNOLOGY

October 20, 20163PlayMedia Webinar

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PRESENTER

Robert “Bobby” SilversteinBobby.Silverstein@ppsv.com

PrincipalPOWERS PYLES SUTTER & VERVILLE, PC

On behalf of The Partnership on Employment &

Accessible Technology (PEAT)

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DISCLAIMER

• PEAT receives funding from the Office of Disability Employment Policy (ODEP), U.S. Department of Labor (DOL)

• The views expressed during this webinar are those of the presenter and do not necessarily represent the views of ODEP, DOL, or any other agency or organization.

• Presentation does not provide legal advice; need to consult with your attorney

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OVERVIEW OF THE ADA

• DISABILITY (ADA Amendments Act)• QUALIFIED INDIVIDUAL• DISCRIMINATION

- Contract or other arrangement- Criteria or methods of administration- Effective and meaningful opportunity- Reasonable accommodation

• AFFIRMATIVE DEFENSES - Undue hardship- Fundamental alteration

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DOJ: ADA AND ACCESSIBLE TECHNOLOGY

• Historical treatment of technology• Access to Internet becoming gateway civil rights issue• Travesty if do not address digital divide• Current law and regulations ensure access to ICT

- Effective and meaningful opportunity to access information and data enjoyed by others

- Digital equivalent to ensuring access to facilities- Relationship to reasonable accommodation in

employment context and auxiliary aids and services in the context of public accommodations

- Definition of public accommodation and application to businesses that only operate online

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DOJ ADA SETTLEMENT AGREEMENTS

• Overview

• Settlement agreements with employers

• Settlement agreements with state and local governments

• Settlement agreements with public accommodations

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TOPICS ADDRESSED IN DOJ SETTLEMENT AGREEMENTS

• Web Site accessibility requirements• Technical Accessibility Standards• Defenses• Methods of Administration

- Policy adoption and distribution- Evaluation, testing, and feedback- Accessibility plans, including procurement policies- Training and Guidance- Responsible Individual/Office /Consultants

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DOJ SANPRM

• Overview of DOJ Rulemaking Initiatives re accessible Web Sites

• May 9, 2016 DOJ issues Supplemental Advance Notice of Proposed Rulemaking

• Comment period initially closed on August 8, 2016; extended to October 7, 2016

• DOJ posed 123 questions cover issues such as meaning of web content, standards for web access, timeframe for compliance, and exceptions to web access requirements

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ADA AND ACCESSIBLE WORKPLACE TECHNOLOGY

Summary of Key Points• Internet and Intranet integral to doing

business (recruitment, hiring application, training, communication with employees)

• Travesty if left anyone behind• Universal design ensures effective and

meaningful opportunity for all• Still must provide reasonable

accommodation on case-by-case basis

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RESOURCESPARTNERSHIP ON EMPLOYMENT & ACCESSIBLE TECHNOLOGY

(PEAT)

PEAT promotes the employment, retention, and career advancement of people with disabilities through the development, adoption, and promotion of accessible technology. PEAT resources and activities include:

• PEATWorks.org, a central hub for accessible technology-related news, events, tools and resources. 

• TalentWorks the latest PEAT resource that helps employers and human resources (HR) professionals make their eRecruiting technologies accessible to all job seekers—including those with disabilities.

• PEATTalks, a virtual speaker series showcasing organizations and individuals whose work is advancing accessible technology in the workplace. Held the third Thursday of every month at 2:00 p.m.

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Upcoming Webinars: Nov 3: Copyright Made Simple for Digital Educators

Nov 30: Research Results – How & Why Student Sub-Groups Are Using Captioning

Dec 8: Quick Start to Captioning

Jan 26: Tips for Getting Your Colleagues to Adopt Universal Design for Learning

You can register for these free webinars at: www.3playmedia.com/webinars/

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Presenters

Bobby SilversteinPowers Pyles Sutter & Verville, PC

Patrick Loftus (Moderator)3Play Mediapatrick@3playmedia.com

Q&APlease type your questions into the window in your control

panel. A recording of this webinar will be available for replay.