20 Years After the ADA and Questions are Still Being Asked

A Editorial by Joel Sheffel
Executive Director WSANA.org

 It is now 20 years after the Americans with Disabilities Act

(ADA) has been passed and both as a individual with a disability as well as an advocate for individuals with a disability allow me to ask some questions.

1.   Do individuals with disabilities get treated with the same respect as those who do not have disabilities?

2.   Are those with disabilities among those who might get passed up by the busses which have been specifically made so one could use public transportation?

3.   If one does board a bus are Priority Seats not occupied by kids who think the seats are for them?

4.   Do first responders treat those with disabilities with respect the way they should?

5.   When meeting the general public are persons with disabilities considered part of the general public and not pitied or felt sorry for?

6.   Why when transportation companies have been given federal funds are there so many elevated and inter city train stations which are inaccessible to those who are in wheelchairs or scooters or find stairs so very hard to walk?

7.   Why are so many problems ending up in courts when federal and state laws are ignored?

If America is to become the great country it can be then high school and college youth need to be better trained and educated as far as proper behavior after leaving school and mixing with the general public on busses and even on the sidewalks.

What is accessible information technology?

Accessible information technology is technology that can be used by people with a wide range of abilities and disabilities. Each user is able to interact with the technology in ways that work best for him or her. Accessible technology is either directly accessible-in other words, it is usable without assistive technology-or it is compatible with standard assistive technology. Just as buildings that have ramps and elevators are accessible to wheelchair users, products that adhere to accessible design principles are usable by people with a wide range of abilities and disabilities.

Examples of accessible electronic and information technology:

• Accessible software applications may include features specifically designed for users with disabilities. However, they always give users more than one way of accomplishing a task. They use established standards for displaying menus and prompts that can be interpreted by assistive technology. They allow users to use the mouse alone, the keyboard alone, or a combination of the two. They rely on more than color to convey information. Installation instructions, user guides, and other documentation are available in alternate formats, such as large print, Braille, and electronic text.
• Accessible multimedia products, which may be distributed on videotapes, CDs, DVDs, or the World Wide Web, include synchronized text captions for spoken information and other audio content and provide synchronized audio descriptions for visual content. They offer more than one way to input commands or respond to prompts. For example, captions may be provided in addition to spoken instructions to allow children with hearing impairments who can read to participate. Providing keyboard commands for all functions of the software allows children with visual impairments to participate. Captioning and alternative ways of navigating can make a big difference in the ability of students with disabilities to use these technologies independently. Descriptive narration and audio navigation (talking menus) are also essential in order for those with vision impairments to access videos and DVDs independently.
• Accessible websites are designed to be usable by individuals with a broad range of abilities and disabilities; they are designed so that all visitors can navigate the site, access content, and participate in interactive web activities. Accessible web sites provide a text equivalent (typically a description) for all nontext elements, such as audio, video, graphics, animation, graphical buttons, and image maps. This allows those who cannot see the screen to access the information with a screen reader that can read the description of a picture but cannot “read” the picture.
• Accessible copy machines can be operated in more than one way using keypads, touch screens, or voice recognition. Height and position can be adjusted so that controls are within easy reach and the display can be viewed easily. Document feeders are located at desk height, putting them within reach.

Department of Justice Office of Public Affairs FOR IMMEDIATE RELEASE Thursday, July 15, 2010 Justice Department Reaches Comprehensive Settlement with National Owner of Gas Stations Resolving ADA Claims

WASHINGTON – The Justice Department today announced a comprehensive settlement under the Americans with Disabilities Act (ADA) with QuikTrip Corporation, a private company that owns and operates more than 550 gas stations, convenience stores, travel centers, and truck stops in the Midwest, South and Southwestern United States.  Under the consent decree, which was filed today along with a complaint in the U.S. District Court for the District of Nebraska, QuikTrip will create a $1.5 million compensatory damages fund for individuals who were victims of discrimination based on disability, as well as take various steps to make its stores accessible.

The Justice Department initially opened the investigation in response to complaints about inaccessible parking by two individuals with disabilities in the Omaha, Neb., area.  The lawsuit filed by the Justice Department alleges that the investigation revealed a nationwide pattern and practice of discrimination on the basis of disability.  QuikTrip Corporation worked with the Justice Department to amicably resolve the matter without active litigation.

“On July 26, 2010, we will celebrate the 20^th anniversary of the ADA, a landmark civil rights law that ensures equal access and equal opportunity for individuals with disabilities.  Ensuring full and equal access to all businesses open to the public is a top priority, and the Justice Department is committed to vigorous enforcement of the ADA to ensure equal opportunity for individuals with disabilities,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. 

“Convenience stores and gas stations are a critical part of everyday life in America, and these facilities must afford equal access to individuals with disabilities,” said Assistant Attorney General Perez.  “QuikTrip has worked cooperatively with the department so we could resolve this case without active litigation and has affirmed its commitment to serving individuals with disabilities by taking the necessary actions to achieve ADA compliance at all of its stores.”

Under the settlement, which remains subject to court approval, QuikTrip Corporation will:

• Make necessary modifications at its current stores over a three year period to achieve compliance with ADA accessibility requirements.  QuikTrip has retained an independent licensed architect approved by the department to certify compliance with the ADA architectural standards for each of its current stores;
• Design and construct future stores so they comply with the ADA architectural standards and obtain a certification of ADA compliance for each future store from the independent licensed architect or a construction manager who has been trained by the architect on ADA compliance issues;
• Ensure that at least two fueling positions at each of its current stores and all fueling positions at each store opened after the entry of the consent decree are accessible to individuals with disabilities, including the fuel dispenser controls, self-service payment mechanism, call button and amenities. At QuikTrip stores opened after approval of the consent decree, two fuel dispensers will be on the shortest accessible route to the store entrance;
• Adopt, implement and train store employees on policies to ensure fueling and other types of indoor and outdoor assistance for people with disabilities, equal access for individuals who use service animals, and maintaining accessible features, such as accessible parking and routes;
• Ensure and maintain operation of remote notification systems for outdoor assistance after an initial testing and upgrade of notification systems that may take up to six months;
• Implement and maintain an ADA comment line and complaint resolution process and take appropriate corrective actions to resolve ADA-related complaints received from customers;
• Ensure the accessibility of its website, www.quiktrip.com ;
• Pay a maximum civil penalty in the amount of $55,000;
• Create a $1.5 million compensatory damages fund to compensate the complainants and other aggrieved persons who make timely claims to the Justice Department.  Claims must be received within 180 days of entry of the consent decree by the court.

The consent decree was reached under Title III of the ADA, which prohibits discrimination against individuals with disabilities by businesses that are open to the public, including gas stations, convenience stores, and other retailers, both large and small.  More information about the Civil Rights Division and the laws it enforces is available at the website www.justice.gov/crt .  More information about the settlement with QuikTrip can be found at www.ada.gov or by calling the toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TTY).

The following article is forwarded to you by the DBTAC-Great Lakes ADA Center (www.adagreatlakes.org) for your information:

WebWire

August 9, 2010

Congress Makes Captioning a Requirement for Online Video with Passing of Equal Access to 21st Century Communications Act and 21st Century Communications and Video Accessibility Act of 2009

New legislation increases access to Internet video content as Americans with Disabilities Act marks its 20th Anniversary

(SAN FRANCISCO, Calif.) – August 9, 2010 – The U.S. Senate voted last week to pass the Equal Access to 21st Century Communications Act, a bill that requires captioning of online video content, amongst other points. The U.S. House of Representatives passed a similar version of the bill, entitled the 21st Century Communications and Video Accessibility Act of 2009, the week before.

July 26th of this year marked the 20th anniversary of the Americans with Disabilities Act, a trail-blazing piece of legislation that banned companies or individuals from discriminating against persons with disabilities. Now, two decades later, Congress has passed new legislation that provides accessibility in the age of the Internet.

Though the bill contains various points related to making Internet content accessible to all citizens, a few main points include:

• Requiring captions for television content that appears online

• Mandating mobile phone companies make Web browsers, text messaging and email on smart phones fully accessible

• Providing $10m in funding each year for assistive technology for deaf-blind individuals

PLYmedia, a leading enhanced video solutions provider based out of Palo Alto, California, has been extolling the value of online video captioning through its SubPLY product solution for the past three years and they have been offering the innovative captioning technology Congress is putting into law long before it was part of the collective conscious.
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“We congratulate the U.S. Congress in passing this landmark legislation, as well as the various grass roots organizations who helped with its passage,” said Matt Knopf, VP of Business Development at PLYmedia.

 “Not only will deaf and hard of hearing audiences have access to online television programming, but now these online video publishers will enjoy the business benefits of captioning that our customers have been enjoying for years. We can help these publishers get up and running in a matter of weeks.”

Online video captioning is advantageous for several reasons:

• It makes available content previously inaccessible to the 36 million deaf and hard of hearing Americans

• It benefits broadcasters who can easily translate captions into foreign languages and reach wide and varied new audiences. PLYmedia can provide subtitles for both live and on demand online video.

• It drives web traffic and increases natural search rankings for video content publishers since transcripts allow content to become discoverable
• It helps to reach even those audiences who are without disability – most online video viewing takes place at work, where people can’t or won’t use audio and would rely solely on video captioning.

• Statistics have shown that people watch online videos 38% longer when using captions, as opposed to those who didn’t, so it encourages longer viewing times.

The SubPLY technology works with online publishers’ existing video players and has partnership agreements with some of the leading online video platforms such as Brightcove, Ooyala, Kaltura, Kit Digital, Delve Networks, Livestream, thePlatform and others.

The following press release is forwarded to you by the DBTAC-Great Lakes ADA Center (www.adagreatlakes.org) for your information:

PRESS RELEASE
8-12-10

Axiom Staffing Will Pay $35,000 To Settle EEOC Disability Discrimination Suit

EEOC Charged that Staffing Agencies Refused to Place Applicant because of Her Back Impairment

BALTIMORE – Two staffing agencies will pay $35,000 and provide equitable relief to settle a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.

The EEOC charged that Axiom Staffing Group, Inc., and Axiom Staffing Group of Virginia, Inc., refused to place Deborah Reynolds through their Hagerstown, Md. facility because of her back impairment, even though Reynolds had years of experience performing clerical and customer service duties. The EEOC said that hiring officials made derogatory comments about her impairment, such as stating that Reynolds would be “too much of a liability because of her back.”

The Americans with Disabilities Act (ADA) prohibits discrimination based on disability. The ADA also requires employers to reasonably accommodate an individual’s disability unless doing so would impose an undue hardship on the employer. The EEOC attempted to reach a voluntary settlement before it filed suit in U.S. District Court for the District of Maryland, Northern Division, Civil Action No. WDQ-09-2567.

In addition to the monetary relief to Reynolds, the consent decree settling the lawsuit enjoins Axiom Staffing Group of Virginia from engaging in any employment practice which discriminates on the basis of disability. Axiom Staffing Group of Virginia will provide additional training on the requirements of the ADA and post a notice regarding the resolution of the lawsuit. Defendants denied liability in the consent decree.

“It has been twenty years since the passage of the ADA, but sadly too many employers still make employment decisions based on unsubstantiated fears and biases about the abilities of individuals with disabilities,” said Regional Attorney Debra Lawrence of the EEOC’s Philadelphia District Office, which has jurisdiction over Maryland.

During fiscal year 2009, disability discrimination charges reached a record level of 21,451– an increase of 10 percent from the prior fiscal year.

The EEOC enforces federal laws prohibiting employment discrimination. Further information about the Commission is available at its web site at www.eeoc.gov.