PEOPLE WITH DISABILITIES FAQ

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Q 1. What is the ADA National Network?

A: The ADA National Network provides information, guidance and training on the Americans with Disabilities Act (ADA), tailored to meet the needs of business, government and individuals at local, regional and national levels. The ADA National Network consists of 10 Regional ADA National Network Centers located across the country for effective delivery of services to facilitate voluntary implementation of the ADA.
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Q 2. Where are the ADA National Network Centers located?

A. The 10 Regional ADA National Network Centers are:

• . ADA New England Center serves Region 1 (Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont)

• . ADA Northeast Center serves Region 2 (New Jersey, New York, Puerto Rico and the U.S. Virgin Islands)

• . ADA Mid-Atlantic Center serves Region 3 (Delaware, District of Columbia, Maryland, Pennsylvania, Virginia and West Virginia)

• . ADA Southeast Center serves Region 4 (Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina and Tennessee)

• . ADA Great Lakes Center serves Region 5 (Illinois, Indiana, Michigan, Minnesota, Ohio and Wisconsin)

• . ADA Southwest Center serves Region 6 (Arkansas, Louisiana, New Mexico, Oklahoma and Texas)

• . ADA Great Plains Center serves Region 7 (Iowa, Kansas, Missouri and Nebraska)

• . ADA Rocky Mountain Center serves Region 8 (Colorado, Montana, North Dakota, South Dakota, Utah and Wyoming)

• . ADA Pacific Center serves Region 9 (Arizona, California, Hawaii, Nevada and the Pacific Basin)

• . ADA Northwest Center serves Region 10 (Alaska, Idaho, Oregon and Washington)

Q 3. What are the Titles of the ADA and how do they differ?

A. The efforts of the ADA National Network are focused on the first three titles of the ADA.

Title I focuses on employment. Businesses, or employers, must provide reasonable accommodations to protect the rights of individuals with disabilities in all aspects of employment. Possible accommodations may include restructuring jobs, altering the layout of workstations, or modifying equipment. Employers may not discriminate in the application process, hiring, wages, benefits, and all other aspects of employment.

Title II focuses on public services. Public services, which include state and local government instrumentalities, the National Railroad Passenger Corporation (AMTRAK), and other commuter authorities, cannot deny services to people with disabilities or deny participation in programs or activities that are available to people without disabilities. In addition, public transportation systems, such as public transit buses, must be accessible to individuals with disabilities.

Title III focuses on public accommodations. All new construction and modifications must be accessible to individuals with disabilities. For existing facilities, barriers to services must be removed if readily achievable. Public accommodations include facilities such as restaurants, hotels, grocery stores, retail stores, etc., as well as privately owned transportation systems.
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Q 4. What resources are provided by the ADA National Network?

A. A wide variety of resources are available through the ADA National Network. They include:

. ADA information hotline (1-800-949-4232 V/TTY)

. Region-tailored ADA information, training and technical assistance

. Web-based training and information

. Webinars, podcasts, live-briefings, DVDs/video

. National ADA Symposium

. Regional and state training conferences

. Targeted outreach to business and service providers

. Public awareness programs
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Q 5. What distinguishes the ADA National Network from other organizations that help people with disabilities?

A. There are a number of distinguishing characteristics that make the ADA National Network different from other providers of ADA resources:

. The ADA National Network maintains and operates a nationally recognized toll free hotline with staff available to provide comprehensive information on all titles of the ADA. All calls are confidential.

. Since 1991, the ADA National Network, operating as DBTAC, was the first organization providing ADA resources of information, training and technical assistance nationwide.

. Services are custom tailored to the needs of the individual, business or agency seeking assistance.

. The ADA National Network informs, explains and helps individuals and businesses expand their knowledge and understanding of the ADA, rather than enforcing compliance, which is the role of the EEOC and the Department of Justice.

. The ADA National Network actively provides outreach to businesses, employers, agencies and individuals. It is not a passive resource provider.
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Q 6. How can the ADA National Network help individuals with disabilities?

A. The ADA National Network is a valuable resource and widely available to individuals with disabilities with an information hotline (800) 949-4232 (V/TTY), and a website: www.adata.org. The website provides extensive information and support through its listing of resources, blogs and online support communities. Additionally, Regional ADA National Network Centers and their state outreach affiliates are available to provide assistance.
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Q 7. What is the definition of disability under the ADA?

The ADA prohibits discrimination against any qualified individual with a disability. Specifically, the ADA protects three categories of individuals:

· Individuals who have a physical or mental impairment that substantially limits one or more major life activity.

· Individuals who have a record of a physical or mental impairment.

· Individuals who are regarded as having an impairment, whether they have an impairment or not?

The ADA does not include a list of covered disabilities under the law. Therefore, to determine if you are covered under the law, you need to determine if you have a physical or mental impairment that substantially limits one or more major life activity.

The definition of disability does not include simple physical characteristics, common personality traits, or environmental, cultural, or economic disadvantages.

The ADA also excludes coverage for individuals who currently use illegal drugs, certain sexual disorders and preferences, and compulsive gambling, kleptomania, and pyromania.
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Q 8. What are my employment rights as an individual with a disability?

If you are an individual with a disability and are qualified to do a job, the ADA protects you from job discrimination on the basis of your disability.

A. In order to be protected from job discrimination by the ADA, you must be qualified to perform the essential functions or duties of a job, with or without reasonable accommodation. A reasonable accommodation is any change or adjustment to a job or work environment that helps an employee with a disability apply for a job, perform the essential functions of the job, or enjoy the benefits of employment. The ADA is not an affirmative action law. Therefore, you must meet the employer's requirements for the job such as education, employment experience, or skills.

The ADA covers all private employers with 15 or more employees. All State and local government employers, regardless of size, are covered.
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Q 9. Are State and local government agencies required to make their programs and services accessible to me?

A. A State or local government agency may not deny the benefits of its programs, activities, and services to individuals with disabilities because its facilities are physically inaccessible. An agency's services, programs, and activities, when viewed in its entirety, must be readily accessible to and useable by individuals with disabilities. This standard applies to all existing facilities of a public entity. Public entities are not necessarily required to make all of their existing facilities and buildings accessible. When choosing a method of providing program access, a public entity must give priority to the one that results in the most integrated setting appropriate to encourage interaction among all users, including individuals with disabilities.
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Q 10. How does the ADA apply to a private business?

A. In general, all new buildings built since 1992 must be accessible to individuals with disabilities.

Examples include, but are not limited to: restaurants, movie theaters, doctors' offices, hotels, city bus stations, museums, and some office buildings. For older buildings, the ADA requires business owners to remove physical barriers that can be removed without much difficulty or expense.

Businesses open to the public must operate in a nondiscriminatory manner ensuring that people with disabilities have the same opportunity to participate in and benefit from the services, activities, and goods offered to all other customers, patrons, and clients.
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Q 11. I am individual who is deaf. Am I always entitled to a sign language interpreter?

A. Employers, State and local government agencies, and places of public accommodation must ensure that their communications with individuals with disabilities are as effective as communication with others. In order to provide equal access, these groups are required to provide auxiliary aids and services that promote effective communication.

Examples of auxiliary aids and services include, but are not limited to: qualified interpreters, captioning, TTYs, large print materials, Braille materials, and computer software.

A sign language interpreter may be required when the information being communicated in a transaction is complex or is exchanged for a long period of time. An interpreter is not always required for all communication situations. Factors to be considered when deciding if the use of an interpreter is appropriate can include the context of the conversation, the number of people involved, and the importance of the communication.

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