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Do the revised ADA Regulations that went into effect on March 15, 2011 require the city or state government to create or update a self-evaluation and transition plan?
The revised ADA Title II regulations do not require state or local government entities to do a new or updated self-evaluation or transition plan. However, the Department of Justice urges state or local governments to establish procedures for an ongoing assessment of their compliance with the ADA's obligation to ensure all programs are readily accessible to and usable by people with disabilities (http://www.ada.gov/pcatoolkit/toolkitmain.htm ). Regularly updating the self-evaluations and transition plans can help government entities monitor their compliance and stay on track with making changes to improve accessibility.

If a state and local government entity has not yet conducted a self-evaluation, it is recommended that they do so to identify any barriers to its programs, activities and services. A self-evaluation helps government entities identify areas of non-compliance and develop specific strategies to bring all policies and practices into compliance. Areas include but are not limited to:
- structural changes needed to provide access to programs, activities and services;
- policy modifications to ensure nondiscrimination; and
- providing public notice that includes (i) explanation of the application of the ADA to the state and local governments programs, activities, and services; (ii) contact information for the employee who is designated to address ADA compliance issues; and (iii) information on the grievance procedure.
The self-evaluation plan should identify strategies to remove barriers, prioritize strategies, and provide a timeline for implementation. As new programs, activities and services are developed, it is important to review facilities to ensure compliance with the 2010 ADA Standards.

For additional information, take a look at the following resource:

FAQ: What is a self-evaluation?
Do businesses need to have a qualified interpreter on hand in order to communicate with a person who is deaf?

Generally no, not if employees are able to communicate by using pen and notepad and it is effective. However, in situations where the exchange of information is over a long duration or the information being exchanged is complex it may be necessary for the business to provide a qualified interpreter. A business should discuss with the person with the disability to determine which auxiliary aid or service will result in effective communication.

For additional information, take a look at the following resources:

FAQ: What kinds of auxiliary aids and services are required by the ADA to ensure effective communication with individuals with hearing or vision impairments?

Fact Sheet: Effective Communication
Do businesses need to have Braille materials, such as menus and sales tags, on hand in order to comply with Title III?

Generally no, as long as restaurant management has instructed waiters or waitresses to read menus upon request or retail stores have sales staff that will read sales tags to customers with visual impairments. They key is to provide effective communication.

For additional information, take a look at the following resources:

FAQ: What kinds of auxiliary aids and services are required by the ADA to ensure effective communication with individuals with hearing or vision impairments?

Fact Sheet: Effective Communication
Can you give me an example of someone who is "regarded as" having a disability?

Sometimes people do not have a disability, but people believe that they do. If they are discriminated against based on that belief (for example, if they are not hired, or not allowed to participate in a program), they may be able to file a complaint under the ADA.

For example, Jenna has noticeable burn scars on her face. Her scars have no impact on major life activities. However, Jenna is turned away from a job interview because of her facial scars. The employer believes her “condition will make her unable to work with customers." Under the ADA, Jenna would be protected from discrimination because her employer regarded her scars as a disabling condition.

For additional information, take a look at the following resource:

Fact Sheet: What is the definition of disability under the ADA?
Can you give me an example of someone who has a "record of" a disability without having a current disability?

Sure. A man, who is in line for a promotion, has a history of cancer treatment, although he is now free of cancer. He is not given the promotion because his bosses are worried that, if his cancer returns, he won’t be able to do the job. He does not, at this point, meet the first part of the definition of disability because he does not have a physical or mental impairment that substantially limits one or more major life activities. However, based on his “record of” a disability, he is being discriminated against.

For additional information, take a look at the following resources:

FAQ: What are my employer's obligations after I return from medical leave? (What kind of documentation can the employer ask for when I return from medical leave?)

FAQ: What is the definition of disability under the ADA?
Can I exclude an animal that doesn't really seem dangerous but is disruptive to my business?

Yes. A business has the right to deny access to a service animal that disrupts their business. For example, a service dog that barks and disrupts another patron’s enjoyment of a movie could be asked to leave. Also, businesses, airlines, public programs and transportation providers may exclude a service animal when the animal’s behavior poses a direct threat to the health or safety of others. However, some animals may be trained to whine or bark as part of doing their job.

A decision to exclude a service animal cannot be based on the notion that an animal might threaten the safety of others. It also cannot be based on a business person’s assumptions or bad experiences with other animals. Each service animal must be considered individually.

For additional information, take a look at the following resource:

Fact Sheet: Service Animals
Can I charge maintenance or cleaning fees for customers who bring service animals into my business?

No. You cannot ask or require an individual with a disability to pay maintenance or cleaning fees, even if people with pets are required to pay these fees. Service animals are not pets. If you normally charge individuals for the damage they cause, you may charge an individual with a disability for damages caused by his or her service animal. Service animals must be housebroken and under the control of the owner at all times.

For additional information, take a look at the following resource:

Fact Sheet: Service Animals
Can an employer maintain existing production/performance standards for an employee with a disability?

An employer can hold employees with disabilities to the same standards of production/performance as other similarly situated employees without disabilities for performing essential job functions, though employees with disabilities may be entitled to reasonable accommodations in order to meet such standards.

An employer also can hold employees with disabilities to the same standards of production/performance as other employees regarding marginal functions unless the disability affects the person's ability to perform those marginal functions. If the ability to perform marginal functions is affected by the disability, the employer must provide some type of reasonable accommodation such as job restructuring but may not exclude an individual with a disability who is satisfactorily performing a job's essential functions.

For additional information, take a look at the following resource:

FAQ: What are the "essential functions" of a job?
Can an employer establish specific attendance and leave policies?

An employer can establish attendance and leave policies that are uniformly applied to all employees, regardless of disability, but may not refuse leave needed by an employee with a disability if other employees get such leave.

An employer also may be required to make adjustments in leave policy as a reasonable accommodation. The employer is not obligated to provide additional paid leave, but accommodations may include leave flexibility and unpaid leave.

A uniformly applied leave policy does not violate the ADA because it has a more severe effect on an individual because of his/her disability. However, if an individual with a disability requests a modification of such a policy as a reasonable accommodation, an employer may be required to provide it, unless it would impose an undue hardship.

For additional information, take a look at the following resources:

FAQ: What are my employer's obligations after I return from medical leave? (What kind of documentation can the employer ask for when I return from medical leave?)

Fact Sheet: Work-Leave, the ADA, and the FMLA
Can an employer consider health and safety when deciding whether to hire an applicant or retain an employee with a disability?

Yes. The ADA permits employers to exclude individuals who pose a direct threat -- i.e., a significant risk of substantial harm -- to the health or safety of the individual or of others, if that risk cannot be eliminated or reduced below the level of a "direct threat" by reasonable accommodation.

However, an employer may not simply assume that a threat exists. ; the employer must establish through objective, medically supportable methods that there is The determination that an individual poses a significant risk of substantial harm must be based on an individualized assessment of the individual's current ability, based on the most current medical knowledge and/or on the best available objective evidence.

By requiring employers to make individualized judgments based on reliable medical or other objective evidence rather than on generalizations, ignorance, fear, patronizing attitudes, or stereotypes, the ADA recognizes the need to balance the interests of people with disabilities against the legitimate interests of employers in maintaining a safe workplace.

For additional information, take a look at the following resource:

FAQ: Does the ADA require that an applicant or employee with a disability be qualified for the position?

Search FAQs

Do the revised ADA Regulations that went into effect on March 15, 2011 require the city or state government to create or update a self-evaluation and transition plan?

Do businesses need to have a qualified interpreter on hand in order to communicate with a person who is deaf?

Do businesses need to have Braille materials, such as menus and sales tags, on hand in order to comply with Title III?

Can you give me an example of someone who is "regarded as" having a disability?

Can you give me an example of someone who has a "record of" a disability without having a current disability?

Can I exclude an animal that doesn't really seem dangerous but is disruptive to my business?

Can I charge maintenance or cleaning fees for customers who bring service animals into my business?

Can an employer maintain existing production/performance standards for an employee with a disability?

Can an employer establish specific attendance and leave policies?

Can an employer consider health and safety when deciding whether to hire an applicant or retain an employee with a disability?

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