Fall 2008: Vol. 12, No. 2 Access New England A publication of DBTAC—New England ADA Center A project of the Institute for Human Centered Design, www.HumanCenteredDesign.org This Issue Highlights: ADA Best Practices CONTENTS | Project Director’s Report (page 1) | Feature Stories (pages 2-4) | EEOC Updates (page 3) | News: From The Center (pages 5, & 8-9) | Updates in State Building Codes (pages 6-7) | News: From Around The Region (pages 10-13) | Events and Announcements (page 14) For more information 800-949-4232 voice/tty Staff of the New England ADA Center. From left to right: Dennis Begany, Karen Murray, Ana [email protected] Julian, Oce Harrison, Kathy Gips and Ali (Karen’s service dog). www.NewEnglandADA.org DBTAC – New England ADA Center Staff Valerie Fletcher Access New England is published three times a year Principal Investigator by DBTAC – New England ADA Center, A project of the [email protected] Institute for Human Centered Design Oce Harrison, Ed.D. The center is one of ten Regional Disability and Business Technical Assistance Project Director Centers funded by the National Institute on Disability and Rehabilitation Research [email protected] (NIDRR) to provide information, materials and technical assistance to individuals Kathy Gips and entities that are covered by the Americans with Disabilities Act (ADA). Director of Training However, please be aware that NIDRR is not responsible for enforcement of [email protected] the ADA. The information, materials and/or technical assistance are intended solely as informational guidance and are neither a determination of your legal Karen Murray responsibilities under the Act, nor binding on any agency with enforcement ADA Information Specialist responsibility under the ADA. [email protected] Ana Julian Regional Advisory Board ADA Information Specialist [email protected] The Regional Advisory Board meets twice a year. The members’ input and commitment greatly assists the DBTAC – New England ADA Center in its mission. Gabriela Bonome-Sims Director of Administration Connecticut [email protected] Lisa Caron, ADA Coalition of Connecticut Michael Kurs, Pullman & Comley, LLC Mike DiLorenzo Candace Low, ADA Coalition of Connecticut Information Technology Administrator [email protected] Maine Dennis Begany Denis Pratt, AIA Architect, Access Design Specialist, Alpha One Project Assistant [email protected] Massachusetts Myra Berloff, Massachusetts Office on Disability Lisa Spitz Cathy Taylor, Cape Organization for Rights of the Disabled (CORD) Designer Thomas Mercier, Assistive Technology Center [email protected] New Hampshire Carol Nadeau, New Hampshire Governor’s Commission on Disability Rhode Island Access New England is Bob Cooper, Rhode Island Governor’s Commission on Disabilities available in large print, Vermont Braille, audiocassette, Deborah Lisi-Baker, Vermont Center for Independent Living computer disk, and email upon request and online at: www.NewEnglandADA.org Karen Murray, Editor PROJECT DIRECTOR’S REPORT How Will New Changes in the Americans with Disabilities Act (ADA) Impact our Lives? New changes to the ADA will impact Among other provisions, our work, recreation and civic life. The the proposed ADA amend- first major change begins with the recent passage of the Americans with ments address: Disabilities Act Amendments Act of • Miniature golf courses, 2008 (ADAAA) (S.3406). The ADAAA • Boating facilities restores the original definition of disability found in the 1990 passage • Captioning of emergency of the ADA. What does this mean? announcements in large stadiums Highlights of the most significant • Identification of accessible hotel changes can be found on page 2. room features, and require Call us at 800-949-4232 voice/tty for guaranteed reservations of such a further explanation of the changes. rooms to the same extent as the Oce Harrison, Project Director for the DBTAC— New England ADA Center. entity guarantees reservations for Another major change to the ADA others is the proposed amendments to The New England ADA Center offers regulations issued under Title II (State • Availability of accessible seating accurate guidance and training on and Local Government) and Title in public venues, such as theaters the newly passed ADAAA and the III (Public Accommodation) of the and sports stadiums, and ticket proposed amendments to Title II and ADA. The US Department of Justice purchase by people with disabilities III of the ADA. If you have questions (DOJ) plans to finalize the proposed • The availability of auxiliary aids, about these changes, call us for changes by the end of this year. such as video interpreting services, answers. ensuring that people who are deaf When finalized and adopted, these or have limited hearing can receive Viva la Change! new regulations will establish specific and convey vital information in Oce requirements for ensuring access to medical and other settings. public facilities such as courtrooms, The proposed amended regulations We are phasing out our paper newsletter. recreation facilities, playgrounds, also emphasize the ADA Please call 800-949-4232 with your email swimming pools, amusement parks requirements for all public agencies address to receive the newsletter by email. and golf courses. and private businesses to allow the use of service animals by people with disabilities, as long as the service animal is a dog or other common domestic animal trained to perform specific tasks to assist its disabled owner. DBTAC – New England ADA Center 8 00-9 49-4232 voice/ tty | 1 FEATURE STORY ADA Amendments Act Becomes Law Court decisions that have eroded the protections for people with disabilities under the ADA, restoring original Congressional intent. Source: www.house.gov/ed_workforce/issues/ adaaa.shtml Details of the Act includes the following: Advocates and legislator rally together in The ADA Amendments Act impacts all Titles 1. Mitigating measures - such as support of the ADA Amendments Act of the ADA, effective as of January 1, 2009 medication, prosthetics, and other aids used to ameliorate the On Thursday morning, September dystrophy, cancer, diabetes, and effects of impairment - may not 25, 2008, President George W. Bush cerebral palsy have been determined be considered when determining signed into law: S. 3406, the “ADA to not meet the definition of disability whether a person has a disability. Amendments Act of 2008,” which under the ADA. The result: In 2004, This supersedes the Supreme clarifies and broadens the definition of plaintiffs lost 97% of ADA employment Court decisions that mitigating disability and expands the population discrimination claims that went to measures should be considered eligible for protections under the trial, often due to the interpretation when determining whether a Americans with Disabilities Act of of definition of disability. People who person’s impairment substantially 1990. In attendance for the signing are not hired or are fired because limits a major life activity. ceremony was President George H. an employer mistakenly believes 2. Ordinary glasses and contact W. Bush who signed the Americans they cannot perform the job – or lenses may be considered in with Disabilities Act in an historic because the employer does not want determining whether a person has signing ceremony in 1990 “people like that” in the workplace a disability. Employers may use a – have been denied protection from test or qualification standard based The Americans with Disabilities Act of employment discrimination due to on a job applicant’s uncorrected 1990 was intended to “provide a clear these court decisions. This was not vision only when it’s “job-related and comprehensive national mandate the intent of the ADA. and consistent with business for the elimination of discrimination necessity.” against individuals with disabilities.” The ADA Amendments Act (ADAAA) Just as other civil rights laws prohibit of 2008 is supported by a broad 3. Major life activities include, but entities from basing decisions on coalition of civil rights groups, are not limited to, caring for characteristics like race or sex, disability advocates, and employer oneself, performing manual tasks, Congress wanted the ADA to stop trade organizations. The Act rejects seeing, hearing, eating, sleeping, employers from making decisions a strict interpretation of the definition walking, standing, lifting, bending, based on disability. Unfortunately, four of disability, and makes it clear that speaking, breathing, learning, U.S. Supreme Court decisions have the ADA is intended to provide broad reading, concentrating, thinking, narrowed the definition of disability coverage to protect anyone who communicating, and working. so much that people with serious faces discrimination on the basis of 4. Major life activities also include conditions such as epilepsy, muscular disability. It overturns the Supreme the operation of a major bodily 2 | Access New England Fall 2008 EEOC UPDATES The U.S. Equal Employment Opportunity Commission function, including but not limited Employment and the ADA disability if it would substantially limit to, functions of the immune system, Amendments Act of 2008 a major life activity when active; normal cell growth, digestive, • Provides that an individual bowel, bladder, neurological, brain, The ADA Amendments Act of 2008 subjected to an action prohibited respiratory, circulatory, endocrine, makes important