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FOIA Number: 2007-0143-F
FOIA
MARKER
This is not a textual record. This is used as an
administrative marker by the William J. Clinton
Presidential Library Staff.
Collection/Record Group:
Clinton Presidential Records
Subgroup/Office of Origin:
Public Liaison
Series/Staff Member:
William White, Jr.
Subseries:
OA/ID Number:
14204
FolderID:
Folder Title:
ADA [Americans with Disabilities Act] 1996
Stack:
Row:
Section:
Shelf:
Position:
S
31
2
9
3
Withdrawal/Redaction Sheet
Clinton Library
DOCUMENT NO.
SUBJECT/TITLE
DATE
RESTRICTION
AND TYPE
001. list
Disability Community Leaders; RE: Personally Identifiable
07/26/1996
b(6)
Information [partial] (3 pages)
COLLECTION:
Clinton Presidential Records
Public Liaison
William White, Jr.
OA/Box Number: 14204
FOLDER TITLE:
ADA [Americans with Disabilities Act] 1996
2007-0143-F
db4550
RESTRICTION CODES
Presidential Records Act - 144 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)|
P1 National Security Classified Information [(a)(1) of the PRAJ
b(1) National security classified information [(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office [(a)(2) of the PRAJ
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute [(a)(3) of the PRA|
an agency [(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
b(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed
b(8) Release would disclose information concerning the regulation of
of gift.
financial institutions [(b)(8) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(9) Release would disclose geological or geophysical information
2201(3).
concerning wells [(b)(9) of the FOIA]
RR. Document will be reviewed upon request.
THE WHITE HOUSE
Office of the Press Secretary
(Milwaukee, Wisconsin)
For Immediate Release
May 23, 1996
REMARKS BY THE PRESIDENT
BY SATELLITE
TO THE PRESIDENT'S COMMITTEE ON
EMPLOYMENT OF PEOPLE WITH DISABILITIES CONFERENCE
IN DETROIT, MICHIGAN
9:35 A.M. CDT
THE PRESIDENT: Thank you very much, Tony, for your remarks, your support,
your friendship and your leadership of the committee. I want to say hello to the others who
are there -- to John Sweeney and Al Checchi. I want to say a special word of thanks to my
good friend, Justin Dart who I know had to leave, but who has been a real champion for
Americans with disabilities; indeed, for the rights and interests of all Americans.
I want to say a special word of greeting to the vice chairs of the Committee - Lenore
Miller, I. King Jordan, Karen Meyer, Neil Jacobson, Dr. Sylvia Walker, and Ron Drach.
Thank you, all of you who are there, for your very warm welcome. I'm sorry I
couldn't join you in person today, I have to be in Milwaukee with the German Chancellor.
But I didn't want to miss this opportunity to talk with you about what we must do together to
ensure the full participation of the 49 million Americans with disabilities in the vibrant life
and economy of our great country.
Three and a half years ago, when I took the oath of office, I had a very clear vision of
what I hoped our country could be like as we move into the 21st century. I wanted us to be
a country that offers great opportunities to all who are willing to work for them. I wanted us
to remain the world's strongest force for peace and freedom. And I wanted us to rebuild our
sense of unity and community around the shared ethic of responsibility and a respect for
diversity.
Together we've made great progress toward achieving those goals. Our economic
strategy to reduce the deficit, expand trade, and invest in our people is paying off. The
deficit is now less than half of what it was four years ago. We have 8.5 million more jobs,
the lowest combined rates of inflation, mortgage rates an unemployment in 27 years.
Homeownership is at a 15-year high, and we have all-time highs in exports and new business
formations for each of the last three years.
We've also worked hard to increase educational opportunities for all Americans - from
more positions for children in Head Start, to more affordable college loans, to the national
service program. We've done our part to fight to lower the crime rate by passing a Crime
Bill which is putting 100,000 police officers on the street, banning assault weapons, an
passing the Brady Bill which has kept 60,000 people with criminal records or other disturbing
histories from getting handguns. (Applause.) And we have maintained our commitment to a
clean, safe environment for all Americans.
Compared to four years ago, the world is also a safer and more peaceful place. The
nuclear threat is diminished. No weapons are pointed at the people of the United States.
Peace and freedom are taking hold from Haiti to South Africa, to Northern Ireland, to Bosnia,
to the Middle East. We have moved a long way in three and a half years.
But today I want to talk to you about our country's future, especially in terms of that
first objective - expanding opportunities for every American who is willing to take
responsibility for making the most of his or her God-given abilities. The theme of your
conference is "Investing in Abilities." That's been something we've tried very hard to do and
something I intend to keep on doing.
In 1992, I issued a challenge to our nation. I said we must not rest until America has
a national disability policy based on three simple creeds: inclusion, not exclusion;
independence, not dependence; and empowerment, not paternalism. (Applause.) I remain
committed to that vision, and I want to thank all of you for working so hard with us to make
it a reality. More than ever before in our history, America's greatness in the next century will
depend upon the ability of all our citizens to make the most of their own lives. Americans
with disabilities are an enormous, largely untapped reservoir of that potential.
Employment is the key to economic security for Americans, including people with
disabilities. Even though we have created 8.5 million new jobs, it remains a tragedy today
that two-thirds of people with disabilities are unemployed. And it's up to all of us -
employers, labor, people with disabilities, and government - to work together to change this
picture.
In the past four years, we have made progress. We're fighting to make sure that
people with disabilities have health care and the living wages they need to live independently.
Our strong commitment to the Americans with Disabilities Act has opened up town halls,
schools, transportation systems, workplaces, grocery stores, restaurants and movie theaters to
millions of people with disabilities. Our 1997 budget calls for an increase in funding for
ADA enforcement at the Department of Justice. (Applause.)
The Individuals with Disabilities Education Act is preparing students with disabilities
to get their share of the high-wage jobs that are opening up in this new economy. I know
how much the IDEA means to millions of students with disabilities and to their parents. I
strongly support it. (Applause.)
High school graduates with disabilities who went to school under IDEA have an
employment rate of twice that of the overall population of individuals with disabilities. We're
building on this achievement by supporting efforts like your "High School/High-Tech"
program that is guiding promising students to college and careers in science and technology.
We're making sure people with disabilities are included in our School-To-Work efforts.
No one - no one - should have to go through what Judy Heumann went through to get
an education in our country. She's been a pioneer in the struggle for the rights of people with
disabilities. She developed polio when she was 18 months old and she was denied the right
to attend public school until the fourth grade. She had to sue to get a teaching job that was
denied her because she uses a wheelchair. And during the '70s, she participated in a sit-in
that led to the creation of the Individuals with Disabilities Education Act. As my Assistant
Secretary for Special Education and Rehabilitative Services at the Department of Education,
she now runs IDEA. That is a remarkable story, and we need more of them. (Applause.)
But you and I know the ADA and the IDEA alone will not achieve our vision of
inclusion, independence, and empowerment for people with disabilities. That's why I fought
so hard for measures like the Family and Medical Leave Act.
And today I'm announcing that as a result of your work, federal agencies are now
developing a better system for tracking the unemployment rate of people with disabilities.
This new system will strengthen our ability to include people with disabilities in all our
employment policies and programs. In addition, I've asked the Secretary of Commerce to
work with the President's Committee and relevant federal agencies to recommend to me ways
that we can ensure that people with disabilities are included in all our efforts to assist
entrepreneurs and small businesses. So we are making progress. (Applause.)
But let me say there is more to do. First, we must preserve the guarantee of Medicaid
coverage for people with disabilities. For three decades Americans have stood on common
ground about the need for guaranteed Medicaid coverage for older Americans, pregnant
women, low-income children, and people with disabilities. But last year Congress sent me
legislation to repeal that guarantee - legislation that would have taken away health care
coverage from millions of Americans who need it most. I vetoed that legislation, and if they
send it to me again and they want to repeal the guarantee, I will veto it again. (Applause.)
Let me be clear. We can balance this budget without repealing guaranteed Medicaid
coverage for the six million Americans with disabilities who depend upon it, including one
million children. Medicaid is a family issue, as people with disabilities know, which makes it
possible for more people to get care at home and in their communities. Without the
guarantee, a middle-class family with a child with a severe disability could be forced into
poverty to pay for the child's medical care. Parents could be forced to give up their jobs to
stay home to care for a child. Children and adults who live independently today might be
forced into institutions. I will not let that happen. (Applause.)
The second thing we have to do is to strengthen the health security of people with
disabilities and, indeed, for all Americans, with the passage of the Kennedy-Kassebaum health
insurance reform bill. This legislation would not allow insurance companies to deny coverage
for anybody with a preexisting condition, and will allow people to keep their health insurance
if they change jobs or if someone in the family gets sick. So I urge Congress to stop stalling
and pass the bill now, as one important step forward. (Applause.)
Finally, let me say I've called on Congress to increase the minimum wage, which will
benefit millions of Americans with disabilities who face extra costs for accessible housing and
personal assistance. We need that. (Applause.)
All of you know that America is in the best position to be a winner in the global
economy of the 21st century because of the depths of our values, the strengths of our
diversity, the power of our economy. But we don't have a person to waste. We have to
continue to expand opportunity and demand responsibility from all of our citizens. And that
means inclusion, not exclusion. (Applause.)
Again, let me thank you, all of you, for everything you've done and for everything you
will do. Thank you for the progress we've made and the progress we still will make.
Just last week, I had a very moving visit with Christopher Reeve in the Oval Office,
and I mentioned to Christopher that in 1933 the Oval Office was the first government office
designed specifically to be accessible to accommodate President Roosevelt. He said to me
that it was too bad, that at the time, he had to hide his disability.
I hope with Christopher Reeve that as the Roosevelt Memorial becomes a reality, with
your efforts to remove the stigma of disability, they'll find a way to make sure that the
American people know that this great, great President was great with his disability.
Thank you all, and God bless you. (Applause.)
9:46 A.M. CDT
THE WHITE HOUSE
WASHINGTON
July 18, 1996
I am pleased to join with all Americans in celebrating the
sixth anniversary of the Americans with Disabilities Act.
I declared when I ran for President in 1992 that America
must have a national disability policy based on three simple
creeds: inclusion, independence, and empowerment. We must
make sure that all Americans understand it is just as wrong
to discriminate against someone because of a disability as
it is to discriminate against someone because of race, gender,
or religion. We must make sure that all Americans understand
that excluding someone from full participation in society
simply because of a disability is simply wrong.
The promise of the ADA - - and all other disability rights
laws -- will never be fully realized until we rise to these
challenges. To do that we must first make sure that the ADA
is consistently and vigilantly enforced. My Administration has
made vigorous enforcement of all laws protecting people with
disabilities a top priority. And we will stay this course until
all barriers against individuals with disabilities come down.
Consistent with this commitment, my budget for 1997 proposes a
3.9 percent increase in the resources available to enforce the
ADA. We are on the path to balancing the budget in seven years;
funds are tight all across the government; but this is a national
priority.
As we celebrate the sixth anniversary of the ADA, we must
remember that a civil rights law alone will not achieve our goal
of inclusion, independence, and empowerment for people with
disabilities. That is why we passed the Family and Medical Leave
Act -- and why I have proposed extending it so that employees can
take time off for their children's or parents' routine medical
visits.
And that is why I am committed to preserving our national
guarantee of Medicaid coverage for people with disabilities.
For over 30 years, Medicaid has been a lifesaver for millions of
Americans. The Republican Congress sent me legislation to repeal
that guarantee. I vetoed it last year, and I will veto it again
if they send it to me again.
2
And we must strengthen the Individuals with Disabilities
Education Act. IDEA makes it possible for students with
disabilities to take full advantage of the opportunities of
the new global economy and the information revolution. I know
how much IDEA means to the millions of students with disabilities
and to their parents, and I strongly support it. Each of us must
do whatever we can to expand opportunity and demand responsi-
bility from all of our citizens. We can't afford to waste a
single person as we go forward toward the twenty-first century.
You can count on this Administration to do its part, and I know
I can count on Americans across our great land to do theirs.
Biu Chinten
PRESIDENT WILLIAM J. CLINTON
VIDEOTAPED REMARKS
SIXTH ANNIVERSARY OF THE AMERICANS WITH DISABILITIES ACT
I am pleased to join with all Americans to celebrate the sixth anniversary of the
Americans with Disabilities Act.
I declared when I ran for President in 1992 that America must have a national
disability policy based on three simple creeds: inclusion, independence, and empowerment.
We must make sure that all Americans understand it is just as wrong to discriminate against
someone because of a disability as it is to discriminate against someone because of race,
gender, or religion. We must make sure that all Americans understand that excluding
someone from full participation in society simply because of a disability ... is simply wrong.
The promise of the ADA and all other disability rights laws -- will never be realized
until we rise to these challenges. To do that we must first make sure that the ADA is
consistently and vigilantly enforced. My administration has made vigorous enforcement of
all laws protecting people with disabilities a top priority. And we will stay this course until all
barriers against individuals with disabilities come down. Consistent with this commitment,
my budget for 1997 proposes a 3.9% increase in the resources available to enforce the ADA.
We are on the path to balancing the budget in 7 years; funds are tight all across the
government; but this is a national priority.
As we celebrate the 6th anniversary of the ADA, we must remember that a civil rights
law alone will not achieve our goal of inclusion, independence, and empowerment for people
with disabilities. That is why we passed the Family and Medical Leave Act -- and why I have
proposed extending it so that employees can take time off for their children or parents' routine
medical visits.
And that is why I am committed to preserving our national guarantee of Medicaid
coverage for people with disabilities. For over 30 years, Medicaid has been a lifesaver for
millions of Americans. The Republican Congress sent me legislation to repeal that guarantee.
I vetoed it last year, and I will veto it again if they send it to me again.
And we must strengthen the Individuals with Disabilities Education Act. IDEA
makes it possible for students with disabilities to take full advantage of the opportunities of
the new global economy and the information revolution. I know how much IDEA means to
the millions of students with disabilities and to their parents, and I strongly support it. Each
of us must do whatever we can to expand opportunity and demand responsibility from all of
our citizens. We can't afford to waste a single person as we go forward to the 21st century.
You can count on this Administration to do its part, and I know I can count on each of you.
Thank you and God bless you.
THE WHITE HOUSE
WASHINGTON
July 18, 1996
I am pleased to join with all Americans in celebrating the
sixth anniversary of the Americans with Disabilities Act.
I declared when I ran for President in 1992 that America
must have a national disability policy based on three simple
creeds: inclusion, independence, and empowerment. We must
make sure that all Americans understand it is just as wrong
to discriminate against someone because of a disability as
it is to discriminate against someone because of race, gender,
or religion. We must make sure that all Americans understand
that excluding someone from full participation in society
simply because of a disability is simply wrong.
The promise of the ADA -- and all other disability rights
laws -- will never be fully realized until we rise to these
challenges. To do that we must first make sure that the ADA
is consistently and vigilantly enforced. My Administration has
made vigorous enforcement of all laws protecting people with
disabilities a top priority. And we will stay this course until
all barriers against individuals with disabilities come down.
Consistent with this commitment, my budget for 1997 proposes a
3.9 percent increase in the resources available to enforce the
ADA. We are on the path to balancing the budget in seven years;
funds are tight all across the government; but this is a national
priority.
As we celebrate the sixth anniversary of the ADA, we must
remember that a civil rights law alone will not achieve our goal
of inclusion, independence, and empowerment for people with
disabilities. That is why we passed the Family and Medical Leave
Act -- and why I have proposed extending it so that employees can
take time off for their children's or parents' routine medical
visits.
And that is why I am committed to preserving our national
guarantee of Medicaid coverage for people with disabilities.
For over 30 years, Medicaid has been a lifesaver for millions of
Americans. The Republican Congress sent me legislation to repeal
that guarantee. I vetoed it last year, and I will veto it again
if they send it to me again.
2
And we must strengthen the Individuals with Disabilities
Education Act. IDEA makes it possible for students with
disabilities to take full advantage of the opportunities of
the new global economy and the information revolution. I know
how much IDEA means to the millions of students with disabilities
and to their parents, and I strongly support it. Each of us must
do whatever we can to expand opportunity and demand responsi-
bility from all of our citizens. We can't afford to waste a
single person as we go forward toward the twenty-first century.
You can count on this Administration to do its part, and I know
I can count on Americans across our great land to do theirs.
Biu Clinton
A DECLARATION, A CALL TO ACTION
BY REPRESENTATIVES OF 49 MILLION AMERICANS WITH
DISABILITIES, THEIR FAMILIES AND THEIR ADVOCATES
TODAY, AMERICA STANDS AT AN HISTORIC CROSSROADS. The
coming months will see elections, public dialogue and government action that
could determine the fate of people with disabilities - and of democracy itself - for
years, perhaps generations to come. In that context, we of the disability
community - Republicans, Democrats and independents - make the following
declaration.
THE AMERICANS WITH DISABILITIES ACT AND THE INDIVIDUALS
WITH DISABILITIES EDUCATION ACT ARE SACRED TO PEOPLE
WITH DISABILITIES.
WE ARE UNITED in irrevocable commitment to the full legal equality of all
people who have a physical or mental disability. No person's rights should be
unprotected because he or she happens to have an unpopular disability.
WE CALL ON NATIONAL, STATE AND LOCAL GOVERNMENT, the
private sector, the public media and the disability community to make full
implemenItation of the ADA and the IDEA a first priority.
WE WILL COOPERATE 100% to achieve harmonious, cost effective,
implementation of the ADA and the IDEA. We will work with individuals,
businesses and government at all levels to create common sense solutions that meet
the particular needs of different parties and situations. But we will fight to the end
of time any change in law, regulation or enforcement that weakens our
fundamental equality as set out in the ADA and the IDEA.
WE SUPPORT EMPHASIS ON EDUCATION AND MEDIATION. We
believe in greatly increased efforts to inform those immediately impacted by the
ADA and the IDEA - and all Americans - about their obligations and opportunities
under the laws. Priority must be given to encouraging voluntary compliance.
Every effort must be made to minimize hostility and litigation. However, there
must be no hesitation to litigate when appeals to reason are ignored and blatant
violations continue.
WE CALL ON CONGRESS to provide increased funding that will enable
federal, state and local agencies to fulfill their ADA and IDEA responsibilities
efficiently. Resources spent on education about the laws and proactive
enforcement now, will greatly reduce litigation and other expensive procedure in
the future.
WE CALL ON ALL MEMBERS OF THE DISABILITY COMMUNITY to
become fully active in the '96 election campaigns. We must demand commitments
from all candidates that they will fully support the ADA, the IDEA and all the
laws and programs that make our rights real in every day life. We must register
and vote. We must contribute to campaigns, volunteer to work in campaigns of
good candidates of all parties.
WE CALL ON ALL MEMBERS OF THE DISABILITY COMMUNITY to
communicate the truth about people with disabilities, the ADA and the IDEA
through the public media. Let no misinformation go uncorrected. Let no assault
on our rights go unprotested. Let no positive report go unappreciated. Let no
opportunity for communication of our truth go unfulfilled.
FINALLY, IT IS SELF-EVIDENT that every person in this nation has a vested
interest in the success of the ADA and the IDEA. Disability will occur at some
point in the lives of most individuals, certainly in the life of every family.
Enabling people with disabilities to move from welfare to employment, from
isolation to active participation in their communities will profit governments,
businesses, families and taxpayers. It will strengthen America's ability to compete
in world markets. It will increase the prosperity and the quality of life of every
family and community.
ADA AND IDEA ARE LAWS FOR ALL AMERICANS. WE CALL ON ALL
AMERICANS to join us in keeping the sacred pledge: "One nation, under God,
indivisible, with liberty and justice for all."
January 25, 1996
Info on
ADA
]
U.S. Department of Justice
Civil Rights Division
Disability Rights Section
MYTHS AND FACTS ABOUT
THE AMERICANS WITH DISABILITIES ACT
MYTH: ADA suits are flooding the courts.
FACT: The ADA has resulted in a surprisingly small number of lawsuits -- only about 650
nationwide in five years. That's tiny compared to the 6 million businesses; 666,000 public
and private employers; and 80,000 units of state and local government that must comply.
MYTH: The ADA is rigid and requires businesses to spend lots of money to make their existing
facilities accessible.
FACT: The ADA is based on common sense. It recognizes that altering existing structures is more
costly than making new construction accessible. The law only requires that public
accommodations (e.g. stores, banks, hotels, and restaurants) remove architectural barriers in
existing facilities when it is "readily achievable", i.e., it can be done "without much difficulty
or expense." Inexpensive, easy steps to take include ramping one step; installing a bathroom
grab bar; lowering a paper towel dispenser; rearranging furniture; installing offset hinges to
widen a doorway; or painting new lines to create an accessible parking space.
MYTH: The government thinks everything is readily achievable.
FACT: Not true. Often it may not be readily achievable to remove a barrier -- especially in older
structures. Let's say a small business is located above ground. Installing an elevator would
not, most likely, be readily achievable -- and there may not be enough room to build a ramp --
or the business may not be profitable enough to build a ramp. In these circumstances, the
ADA would allow a business to simply provide curbside service to persons with disabilities.
MYTH: The ADA requires businesses to remove barriers overnight.
FACT: Businesses are only required to do what is readily achievable at that time. A small business
may find that installing a ramp is not readily achievable this year, but if profits improve it
will be readily achievable next year. Businesses are encouraged to evaluate their facilities
and develop a long-term plan for barrier removal that is commensurate with their resources.
MYTH: Restaurants must provide menus in braille.
FACT: Not true. Waiters can read the menu to blind customers.
MYTH: The ADA requires extensive renovation of all state and local government buildings to
make them accessible.
FACT: The ADA requires all government programs, not all government buildings, to be accessible.
"Program accessibility" is a very flexible requirement and does not require a local
government to do anything that would result in an undue financial or administrative burden.
Local governments have been subject to this requirement for many years under the
Rehabilitation Act of 1973. Not every building, nor each part of every building needs to be
accessible. Structural modifications are required only when there is no alternative available
for providing program access. Let's say a town library has an inaccessible second floor. No
elevator is needed if it provides "program accessibility" for persons using wheelchairs by
having staff retrieve books.
MYTH: Sign language interpreters are required everywhere.
FACT: The ADA only requires that effective communication not exclude people with disabilities --
which in many situations means providing written materials or exchanging notes. The law
does not require any measure that would cause an undue financial or administrative burden.
MYTH: The ADA forces business and government to spend lots of money hiring unqualified
people.
FACT: No unqualified job applicant or employee with a disability can claim employment
discrimination under the ADA. Employees must meet all the requirements of the job and
perform the essential functions of the job with or without reasonable accommodation. No
accommodation must be provided if it would result in an undue hardship on the employer.
MYTH: Accommodating workers with disabilities costs too much.
FACT: Reasonable accommodation is usually far less expensive than many people think. In most
cases, an appropriate reasonable accommodation can be made without difficulty and at little
or no cost. A recent study commissioned by Sears indicates that of the 436 reasonable
accommodations provided by the company between 1978 and 1992, 69% cost nothing, 28%
cost less than $1,000, and only 3% cost more than $1,000.
MYTH: The government is no help when it comes to paying for accessibility.
FACT: Not so. Federal tax incentives are available to help meet the cost of ADA compliance.
MYTH: Businesses must pay large fines when they violate the ADA.
FACT: Courts may levy civil penalties only in cases brought by the Justice Department, not private
litigants. The Department only seeks such penalties when the violation is substantial and the
business has shown bad faith in failing to comply. Bad faith can take many forms, including
hostile acts against people with disabilities, a long-term failure even to inquire into what the
2
ADA requires, or sustained resistance to voluntary compliance. The Department also
considers a business' size and resources in determining whether civil penalties are
appropriate. Civil penalties may not be assessed in cases against state or local governments
or employers.
MYTH: The Justice Department sues first and asks questions later.
FACT: The primary goal of the Department's enforcement program is to increase voluntary
compliance through technical assistance and negotiation. Under existing rules, the
Department may not file a lawsuit unless it has first tried to settle the dispute through
negotiations -- which is why most every complaint settles.
MYTH: The Justice Department never files suits.
FACT: The Department has been party to 20 suits under the ADA. Although it tries extensively to
promote voluntary compliance, the Department will take legal action when entities continue
to resist complying with the law.
MYTH: Many ADA cases involve frivolous issues.
FACT: The Justice Department's enforcement of the ADA has been fair and rooted in common
sense. The overwhelming majority of the complaints received by the Justice Department
have merit. Our focus is on fundamental issues related to access to goods and services that
are basic to people's lives. We have avoided pursuing fringe and frivolous issues and will
continue to do SO.
MYTH: Everyone claims to be covered under the ADA.
FACT: The definition of "individual with a disability" is fraught with conditions and must be applied
on a case-by-case basis.
MYTH: The ADA protects people who are overweight.
FACT: Just being overweight is not enough. Modifications in policies only must be made if they are
reasonable and do not fundamentally alter the nature of the program or service provided. The
Department has received only a handful of complaints about obesity.
MYTH: The ADA is being misused by people with "bad backs" and "emotional problems."
FACT: Trivial complaints do not make it through the system. And many claims filed by individuals
with such conditions are not trivial. There are people with severe depression or people with a
history of alcoholism who are judged by their employers, not on the basis of their abilities
and work history, but rather upon stereotypes and fears that employers associate with their
conditions.
7/95
3
07/14/95
12:11
202 376 6859
PCEPD
013
EMPLOYMENT
+
are
PEOPLE
au
WARRING
STATES
President's Committee OH Employment
of People with Disabilities
AMERICANS WITH DISABILITIES ACT (ADA)
MYTHS AND REALITIES
Myth #1: Making job accommodations for persons with disabilities is too expensive to
undertake.
Reality: In most cases, an appropriate job accommodation can be made without difficulty and
at little or no cost. An accommodation may be something as simple as adding an extra lever to
the fare box on a public bus for a driver who is unable to reach the box because of a disability.
Of the 436 reasonable accommodations made by Sears Roebuck and Co. between 1978 and
1992, 69 percent cost nothing. 28 percent cost less than $1,000, and only three percent cost more
than $1,000. The relatively minor costs of providing reasonable accommodation are offset by
the benefits resulting from increased employment of people with disabilities, reduced
dependence on Social Security, increased consumer spending by people with disabilities, and
increased tax revenues.
Myth #2: Because the ADA's definition of disability is broad and vague, frivolous
discrimination claims are being made in the name of ADA.
Reality: The ADA's definition is intentionally open-ended. Rather than listing spec ific
conditions, the ADA defines "disability" as a physical or mental impairment that subs antially
limits a major life activity, having a record of such an impairment, or being regarded as having
such an impairment. According to the Equal Employment Opportunity Commission (EEOC),
Congress chose this definition because "it would not be possible to guarantee comprehensiveness
by providing a list of specific disabilities, especially because new disorders may develop in the
future, as they have since the definition was first established in 1973."
Myth #3: ADA is not increasing the number of employed individuals with disabilities.
Reality: The ADA has played a significant role in enhancing labor force participation of
persons with disabilities and in reducing dependence on government entitlement programs by
helping qualified individuals obtain and retain jobs. Fifty percent of ADA charges alleging
discriminatory discharge, filed with the Equal Employment Opportunity Commission (EEOC),
generally involve individuals who want to continue working, but are being fired, they claim,
because of their disability. Despite these efforts, unemployment remains a significant problem
for individuals with disabilities. The EEOC continues to provide outreach and ADA training.
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UNITED SERVICE :
President's Committee on Employment
of People with Disabilities
JOB ACCOMMODATIONS
SITUATIONS AND SOLUTIONS
Inquiries to the Job Accommodation Network (JAN) have more than quadrupled since
1990. A sampling of real-life situations and solutions follow:
SITUATION: A greenhouse worker who IS mentally retarded had difficulty staying on task and
knowing when to take breaks.
SOLUTION: One-on-one training was provided by a rehabilitation agency at no cost to the
employer. A tape recorder was carried that gave the employee periodic reminders to stay on task
and indicated break time. A set of laminated cards for the worker to carry showed the basic list
of tasks to be completed. Cost: $50.
SITUATION: A worker with a polycystic renal (kidney) disease is 5 senior technician in the
coal industry who is responsible for the preparation of samples for testing. This employee
requires Continuous Ambulatory Peritoneal Dialysis (CAPD) four times daily, with one
exchange occurring during working hours.
SOLUTION: Space is made available in the dispensary for the employee to perform CAPD
while at work. Storage space is also provided for extra supplies to be used in case of bad
weather emergencies necessitating a second exchange at work. Cost: $0.
SITUATION: An experienced electronics equipment inspector paralyzed from the waist down
needs to perform tasks related to using precision equipment and assembly inspection; he needs
rapid mobility around the plant.
SOLUTION: A heavy motorized wheelchair is stored on the premises overnight for his use in
the plant. The employee uses his lightweight chair for travel. The bins containing items to be
inspected are lowered, and a lap-board is provided for his specification books. Cost: less than
$200.
SITUATION: Because of a severe hearing loss, a nurse is unable to monitor multiple alarms on
medical equipment in the critical care unit,
SOLUTION: To continue to utilize her experience and training, the hospital transfers her to an
open position in the laboratory, where a vibrating pager and a portable TDD/TTY is used to
direct her to various locations throughout the hospital. Cost: S634.
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1018 FLAIRA COMMITTEE
SERVICE
President's Committee on Employment
of People with Disabilities
EMPLOYER PROFILES
The ADA requires employers and government agencies to accommodate the individual needs of
persons with disabilities when necessary to ensure equal opportunity. Since the act became law in
1990, numerous businesses coast to coast have successfully hired and accommodated employees
with disabilities.
EMPLOYER: CAROLINA FINE SNACKS. GREENSBORO, NC
Type of Business: Manufacturer of snack foods
Total Employees: 18
Self-Identified Employees with Disabilities: 9
Self-Identified Disabilities: Learning disabilities, vision impairment, psychiatric disabilities, hard
of hearing
Positions Held by Employees with Disabilities: Packers, warehouse assistants
Accommodations Provided: None required
Impact of Hiring People with Disabilities: Employee turnover dropped from 80 percent every six
months to less than 5 percent; productivity rose from 60-70 percent to 85-95 percent; absenteeism
dropped from 20 percent to less than 5 percent; tardiness dropped from 30 percent of staff to zero.
EMPLOYER: MARRIOTT INTERNATIONAL, INC., BETHESDA, MD
Type of Business: Hospitality company that manages and franchises diverse range of lodging
products and provides food service and facilities management for clients in business, health care and
education
Total Employees: : 170,000 (approximate)
Self-Identified Employees with Disabilities: 6 percent (approximate)
Self-Identified Disabilities: Mental retardation, psychiatric disability, vision impairment, hard of
hearing, mobility impairment, learning disability
Positions Held by Employees with Disabilities: Managerial, including vice president, director,
manager and supervisor levels; also clerical, service and other, including engineer, telephone
operator, accounting clerk, secretary, cook, food server and housekeeper
Accommodations Provided: Changes in physical work space, job restructuring, specialized
equipment and adjusted work schedules
Impact of Hiring People with Disabilities: Job accommodation costs are modest and often nothing
at: all; performance records as good as, or better, than others in similar jobs.
more
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EMPLOYER: KREONITE, INC., WICHITA, KS
Type of Business: Designer and manufacturer of photo/graphic processing systems
Total Employees: 160
Self-Identified Employees with Disabilities: 10 percent (approximate)
Self-Identified Disabilities: Psychiatric disability, mental retardation, deafness, deafness/blindness,
vision impairment
Positions Held by Employees with Disabilities: Small parts assembly, electric assembly, electrical
mechanical assembly, supervisory, drafting, clerical, machine operation
Accommodations Provided: Sign language classes for hearing employees, jigs and fixtures as
requested. shift changes, cordless screwdrivers
Impact of Hiring People with Disabilities: Improved attendance, less turnover (which means
lower training and unemployment costs), mprovements in company loyalty, productivity, job
responsibility and work ethics.
EMPLOYER: NORDSTROM, INC., SEATTLE, WA
Type: of Business: Retail sales
Total Employees: 30,000
Self-Identified Employees with Disabilities: No data provided
Self-Identified Disabilities: Vision impairment, hard of hearing, mobility impairment
Positions Held by Employees with Disabilities: Sales, support, management
schedule Accommodations Provided: Interpreters, TDD/TTY lines, work station modification, flexible work
Impact of Hiring People with Disabilities: Expanded customer base and increased sales related to
employee and customer diversity.
EMPLOYER: CROWN COMPUTER SUPPLY, RICHARDSON, TX
Type of Business: Computer Supplies
Total Employees: 50
Self-Identified Employees with Disabilities: 6
disabilities Self-Identified Disabilities: Vision impairment, deafness, epilepsy, mental retardation, physical
Positions Held by Employees with Disabilities: Stocking the warehouse; clerical and customer
support positions; inside sales positions; other positions in laser lab; data services
Accommodations Provided: Specially-designed keyboard; high contrast monitor; signing classes
for colleagues of employee who is deaf
Impact of Hiring People with Disabilities: Business is succeeding in a competitive market due to
many factors including qualified employees, less turnover. and good job performance.
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EMPLOYMENT
CONTACT: Dina Dorich
Washington, DC 20004-1107
+
202-376-6200 (Voice)
Gary Gershowitz
202-376-6205 (TDD)
202-376-6219 (Fax)
a INFORMATION INSURENTE
President's Committee on Employment
of People with Disabilities
NEWS RELEASE
PRESIDENT'S COMMITTEE'S JOB ACCOMMODATION NETWORK
HELPS AMERICANS WITH DISABILITIES AND BUSINESS DO THE JOB
-- Workable Solutions Benefit All --
Washington, D.C., July, 1995 - A hard working bank clt rk is in danger of losing her job after a
traumatic brain injury leaves her with brain damage that causes short-term memory loss and weakness in
one side of the body. The memory loss causes periodic confusion, making the processing of checks and
other transactions more difficult. But with the help of a one-on-one job trainer, provided free by a
rehabilitation agency, she is able to learn task sequencing. Equipment is also adjusted to accommodate
body weakness at no cost to the employer.
In a busy office, an administrative assistant with amyotrophic lateral sclerosis (ALS) has
difficulty using the phone, inputting on the computer, and completing reports. Instead of letting him go,
the employer purchases a cordless headset for the telephone, arm rest extensions for the edge of the desk
to reduce strain on wrists and arms. and a new effortless lock and handle for the restroom door. For a
cost of $450, the office retains a productive employee.
The job consultant service that helped these businesses and their employees with disabilities is
the Job Accommodation Network (JAN), 8 service provided by the President's Committee on
Employment of People with Disabilities. JAN has become an important resource for thousands of
companies looking for ways to help people with disabilities do their jobs.
"Workable, affordable solutions are what JAN is about," says Tony Coelho, Chairman of the
President's Committee. By calling 1-800-ADA-WORK, businesses can get immediate assistance and
advice from a staff of highly trained professionals with advanced degrees and real-world experience in
finding ways to accommodate employees with disabilities. The call and the consultations are free.
"JAN consultants know how to meet both the business's and individual's needs so that an
employee with a disability can return to work, be hired or promoted to a new position, or work more
easily and productively," says Coelho.
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Job Accornmodation Network / 2
While JAN has been providing no-cost Information to businesses, rehabilitation professionals
and people with disabilities for more than a decade, it took on a new, expanded role after the passage of
the Americans with Disabilities Act (ADA) in 1990. The ADA, the landmark civil rights legislation that
prohibits job and public accommodation discr imination against America's 49 million citizens with
disabilities, celebrates its five-year anniversary on July 26. When necessary to ensure equal opportunity,
the act also requires employers to make reasonable accommodations for persons with disabilities. Since
1990. JAN has been providing information to businesses and other organizations about how to comply
with the act.
In the years since its role was enhanced, JAN has been a hotline to help. Inquiries to JAN have
more than quadrupled since 1990. In 1993-1994, JAN received a total of 70,000 calls, of which 31,500
were from employers. Surveys of JAN callers find overwhelming satisfaction with the service, with 82
percent of the respondents reporting that JAN staff met their needs exceptionally well or very well.
Still, JAN must contend with persistent myths and stereotypes about employing workers with
disabilities and about the costs associated with the ADA.
"You hear all these wild stories about how much it costs to accommodate an employee with a
disability, but experience shows it is just not true," says Coelho. While not all accommodations are as
inexpensive as the one for the bank clerk, many are. JAN figures show that the typical cost of helping a
worker with a disability is $200. Fully 79 percent cost less than $1,000.
And the savings to an employer are only part of the story. One county government reported
saving more than $5 million a year by providing accommodations to workers with disabilities. The
savings came because a number of people with disabilities who entered the workforce were removed
from the county's benefit rolls and added to the county's tax rolls.
More than one third of the businesses JAN has helped have found that accommodation allowed
them to save on insurance costs; half found that accommodation increased a worker's productivity.
Overall, the figures show that for every dollar a company spends in making an accommodation, it gets
back at least $28 in savings and increased productivity.
"JAN is a success story and a true national resource," says Coelho. "Time and time again, it is
proving that job accommodations are not special privileges, but tools that help people with disabilities
become assets to their employers and important contributors to the American economy as a whole."
###
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EMPLOYMENT
CONTACT: Dina Dorich
Washington, DC 20004-1107
COMPLETE
are
VENIA
Gary Gershowitz
202-376-6200 (Voice)
202-376-6205 (TI)D)
202-376-6219 (Fax)
STATE !
President's Committee on Employment
of People with Disabilities
NEWS RELEASE
FIVE-YEAR ANNIVERSARY OF THE AMERICANS WITH DISABILITIES ACT:
IMPRESSIVE PROGRESS, BUT STILL A LONG WAY TO GO
as July 26 Celebration Commemorates Landmark Legislation
for People with Disabilities --
WASHINGTON, D.C., July, 1995 On July 26, the nation will celebrate the five-year anniversary
of the signing of the Americans with Disabilities Act (ADA), the landmark civil rights legislation that
prohibits discrimination against America's 49 million citizens with disabilities.
"The ADA has helped people with disabilities enjoy the rights other Americans have to
employment, public services and public accommodations, but there is still a long way to go," said Tony
Coelho, chairman of the President's Committee on Employment of People with Disabilities. "This five-year
anniversary is both a celebration and a challenge: a celebration of solid progress and a challenge to renew
our efforts to correct the stereotypes and misinformation that still plague America's citizens with
disabilities."
The ADA, passed by large bi-partisan majorities in both Houses of Congress and signed by then
President Bush in 1990, is modeled on the 1964 Civil Rights Act and the Rehabilitation Act of 1973. It
prohibits discrimination on the basis of disability in employment, services rendered by state and local
governments, places of public accommodation, transportation, and telecommunications. Like the 1973
Rehabilitation Act, the ADA requires employers and state and local government agencies to accommodate
the individual needs of persons with disabilities when necessary to ensure equal opportunity. July 26 is also
the one-year anniversary of the implementation of the final phase of the employment section of the ADA,
which requires businesses employing 15 or more workers to comply with the Act.
"Those of us who have experienced discrimination because of a disability know that the ADA has
made our lives better." said Coelho, who has epilepsy. "Thousands of retailers, shopping malls, restaurants,
hotels and other places of public accommodation have eliminated physical barriers. Thousands of
employers are learning how to hire or retain workers with disabilities."
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Five Year Anniversary / 2
Statistics show that all Americans have benefited from the economic growth that has been a by-
product of the ADA. According to the U.S. Census Bureau, people with disabilities control $188 billion in
discretionary funds. This money could potentially be spent to purchase goods and services from businesses
that have eliminated physical barriers.
In stressing the need for more progress, Coelho pointed out how much remains to be done. "Too
many chizens with disabilities are unfairly denied employment. Too many physical barriers have not been
taken down. Far too many myths, prejudices, and negative attitudes remain," he said.
In particular, Coelho attacked widely circulated misinformation about the costs and effects of the
ADA. "The typical cost of job accommodation for a worker with a disability is very affordable $200 or
less," Coelho said. "That cost is more than offset by increased productivity, reduced dependence on
government entitlements and increased tax revenues." Studies show that for every dollar a company spends
making an accommodation for a worker with a disability. it saves at least $28 in overhead costs by realizing
increased productivity and other benefits.
"While a few people have attempted to abuse the act, the fact is that the ADA does not help people
with trivial impairments such as body odor, 1 sinus condition, or general stress nor does it give people
with disabilities special privileges. Employers can and should hold all employees to the same productivity
and conduct standards."
Coelho is the chairman of the President's Committee on Employment of People with Disabilities,
which provides a range of ADA-related services. One of the most important services, the Job
Accommodation Network (JAN), provides toll-free consulting to businesses which want to know how to
comply with the ADA and to make work-site accommodations for people with disabilities.
By calling 1-800-ADA-WORK, an employer can speak with a JAN counselor who will supply
information about ways to modify facilities and equipment to provide greater access to employees with
disabilities. JAN consultants are trained to find workable solutions to meet individual needs so that an
employee with a disability can return to work, be hired or promoted to a new position, or work more easily
and productively.
Inquiries to JAN have more than quadrupled since 1990, showing that business is more interested
than ever in accommodating workers with disabilities. JAN received a total of 70,000 calls in 1993-1994, of
which 31,500 were from employers. Three quar ers of the calls from employers were about retaining a
worker.
For more information about the ADA a d about JAN, call 1-800-ADA-WORK.
###
U.S. Department of Justice
Civil Rights Division
STATE
Disability Rights Section
Enforcing the ADA
A Special Fifth Anniversary Status Report from the
Department of Justice
July 26, 1995
This is a special edition commemorating the fifth anniversary of the enactment of the ADA.
Regular quarterly status reports will resume in October 1995. Copies of previous reports are
available through our ADA Information Line (see page 11).
INSIDE
A Message from Deval L. Patrick
2
Enforcement Highlights
3-9
Certification Highlights
10
Technical Assistance Highlights
10-12
Other Sources of ADA Information
13
How to File Complaints
14
A MESSAGE FROM DEVAL L. PATRICK
A Message from Deval L. Patrick,
Assistant Attorney General for Civil Rights
Five years ago, the landmark Americans with Disabilities Act began a new era of
opportunity, promise, and dignity for the 49 million Americans with disabilities. The ADA
reflects the good common sense that is at the heart of all of our civil rights laws. For
eliminating barriers that prevent people from fully participating in society is not only the
right thing to do; it also enriches the lives of all Americans.
The ADA is a fair and reasonable law. It strikes a careful balance between the
legitimate rights of individuals with disabilities and the resources and capabilities of private
businesses and government. In enforcing the Act, we have focused on sensibly achieving
its central goals. We have avoided the pursuit of fringe and frivolous disputes. Thanks to
our educational outreach efforts, we have fostered a high degree of voluntary compliance
with a minimum of costly litigation.
Our focus is on the fundamentals -- access to vital government activities and to private
sector goods and services that are necessary for daily living and employment. Through
lawsuits and settlements, we have achieved greater access for people with disabilities in
over 350 cases. This special fifth anniversary status report highlights some of these
accomplishments.
We are committed to the long-term effort that will be required to fully implement the
ADA. Through vigorous enforcement -- and partnerships with business, state and local
government, and the disability community -- we will realize the ADA's promise of new
opportunities for people with disabilities and all Americans.
OF
OMA
REGUITURE
K Deval L. Patrick
/
Assistant Attorney General
The Americans with Disabilities Act (ADA) is a comprehensive civil rights law for people with
disabilities. The Department of Justice enforces the ADA's requirements in three areas -
Title I: Employment practices by units of State and local government
Title II: Programs, services, and activities of State and local government
Title III: Public accommodations and commercial facilities
Enforcing the ADA - July 26, 1995
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Special Fifth Anniversary Edition
ENFORCEMENT HIGHLIGHTS
L Enforcement Highlights
Gaining Access to
alleging that the City failed to respond to a 9-1-1
call made by a mother who is deaf. After her
Emergency Services
two-year-old son sustained a head injury, the
mother tried calling 9-1-1 on a TDD three times.
Under the ADA, the basic services that we
Finally, she gave up and took her son to the
all expect from government must be provided on
hospital herself. Under the agreement, the City
a nondiscriminatory basis to people with
agreed to install TDD's, train its staff to handle
disabilities.
TDD calls, and promote the use of 9-1-1 by
individuals who use TDD's.
9-1-1 system in Chicago -- The Department
reached a formal agreement with Chicago
Emergency medical services in Philadelphia --
ensuring access to 9-1-1 services for people who
The Department resolved a complaint against the
are deaf, hard of hearing, or have speech
City of Philadelphia alleging that the City's
impairments. The agreement resolved three
emergency medical technicians (EMT's) had
complaints filed with
refused to assist an individual who they learned
the Justice Department
had HIV. Under the agreement, the City will no
alleging that in three
A Los Angeles
longer refuse to provide emergency services to
separate incidents deaf
mother who is deaf
individuals with disabilities. It will also discipline
people were unable to
tried to get
any employee who fails to follow the City's
get help by calling
emergency help for
guidelines and will train the fire department's
9-1-1. In one case, a
her two-year-old
2,300 EMT's and firefighters on ways to prevent
woman who had to
son who had just
the transmission of HIV/AIDS. In addition, the
wait for a cab to take
received a head
City will pay $10,000 in compensatory damages
her to the hospital was
injury. Her
and issue a written apology to the complainant.
told by her physician
repeated TDD
that she could have
calls to 9-1-1 went
died if she had arrived
unanswered.
Ensuring Equal
an hour later. In the
Employment Opportunity
other two cases, individuals who had been
assaulted were able to reach the police only by
The ADA guarantees equal employment
calling intermediaries. Under the agreement,
opportunities for people with disabilities. The
Chicago agreed to install telecommunication
Department has attacked failures to make
devices for the deaf (TDD's) in its 9-1-1
reasonable accommodation and the
emergency center, train dispatchers to handle
discriminatory denial of pension and retirement
TDD calls, and promote its new accessible 9-1-1
benefits.
system.
Employment opportunities in Slidell, Louisiana -
9-1-1 system in Los Angeles -- The City of Los
The Department sued Slidell alleging that the
Angeles agreed to make its 9-1-1 emergency
City failed to reasonably accommodate Gregory
services accessible to persons who use TDD's.
Smith, an employee in its department of parks
The formal agreement resolves a complaint
and recreation. It claimed that the City
Enforcing the ADA - July 26, 1995
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Special Fifth Anniversary Edition
ENFORCEMENT HIGHLIGHTS
discharged Smith, who had a chronic knee
Right to Citizen
condition stemming from an on-the-job injury,
without considering whether a reasonable
Participation
accommodation would enable him to continue to
do the job. Under the consent decree, Smith
The ADA protects the right of people with
received $2,000 in compensatory damages and
disabilities to have equal access to the basic
more than $21,000 in back pay. He did not seek
institutions of government. The Department has
reinstatement to his job. The case originated at
sought to eliminate physical, communication,
the Equal Employment Opportunity Commission
and policy barriers in town halls, courtrooms,
and was referred to the Justice Department for
and legislative chambers.
litigation when conciliation efforts failed.
City hall in Waukesha, Wisconsin -- Resolving a
Pension funds in Illinois -- In response to a suit
complaint by a Waukesha City alderman who
filed by the Department, Illinois enacted
uses a wheelchair, the City agreed to make its
legislation to eliminate discriminatory provisions
city hall accessible. It agreed to hold its closed
in its police and fire pension code. The
deliberations in the accessible room in which it
Department had
holds general meetings, renovate the first floor
sued the board of
bathrooms, install automatic door openers at the
trustees of the
Kevin Holmes served
building's entrance, and provide a van accessible
Aurora police
successfully for ten
parking space.
pension fund, the
years as a police
City of Aurora, and
officer in Aurora,
Jury service in Salt Lake City -- The Utah State
the State for
Illinois. But, because
Administrative Office of the Courts committed its
excluding police
he had diabetes, he
courts to provide appropriate auxiliary aids and
officers and
was excluded from the
services, including qualified interpreters, when
firefighters from the
State's pension fund.
necessary to provide an individual with a
City's pension funds
He would not receive
disability an opportunity to serve as a juror. The
on the basis of
the retirement pension
agency agreed to establish a policy on providing
disability. Under the
available to other
interpreters for individuals serving on jury duty,
challenged system,
officers, and if he was
notify the public about the policy, and instruct
police officers and
injured in the line-of-
district court officials to adhere to the policy.
firefighters were
duty, he would not
required to undergo
receive any disability
Civic functions in Manhattan, Montana - A small
separate physical
benefits.
Montana town agreed to make its town programs
examinations after
accessible by making a few renovations and
they were hired to determine eligibility for
taking alternative nonstructural measures. It
retirement and disability benefits. Even though
agreed to install a ramp at an entrance, make the
they were performing successfully on the job,
route to the entrance accessible, create one van-
police officers and firefighters could be denied
accessible parking space, and make the water
disability and retirement benefits.
fountain and bathroom on the first floor
accessible. Also, town council meetings will be
moved to the first floor when necessary.
Enforcing the ADA - July 26, 1995
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Special Fifth Anniversary Edition
ENFORCEMENT HIGHLIGHTS
Jury service in the D.C. Superior Court -- Donald
date to take the updated version, as opposed to
Galloway filed suit in federal court charging that
their peers who had several opportunities to take
the District of
the test. The agreement also allowed
Columbia Superior
Donald Galloway
approximately 2,600 students with disabilities
Court violated the law
was excited to be
who took the old version of the test the chance to
by categorically
called for jury duty
cancel their scores and retake the new exam.
excluding blind persons
in the District of
from jury service. The
Columbia and
Bar review course -- Under a consent decree, the
federal court agreed,
eager to fulfill his
company that runs Bar/Bri, the nation's largest
and awarded Galloway
civic responsibility.
review course for students taking the bar exam,
$30,000 in damages.
At the courthouse,
agreed to provide qualified sign language
The Justice Department
though, he was told
interpreters, assistive
argued in support of
that because he is
listening devices, and
Jennifer Olson is
Galloway's view that
blind he could have
Brailled materials to
deaf and has used
compensatory damages
saved himself the
students with disabilities.
can be obtained under
The Department had
interpreters
trip -- he would not
both the ADA and the
alleged that the course
throughout her
be allowed to
Rehabilitation Act of
failed to provide
college and law
serve.
1973.
school years.
appropriate auxiliary
aids to students with
When she signed
Town board meetings in New York State - A
vision and hearing
up to take a bar
small community agreed to purchase a public
review course, the
impairments. The
address system to resolve a complaint from a
company refused
company, Harcourt
hard of hearing citizen who wanted to listen to
to provide an
Brace, also agreed to
town board meetings.
interpreter.
pay $28,000 in
compensatory damages,
Opening Gateways to
pay $25,000 in civil penalties to the United
States, adopt a policy ensuring that auxiliary aids
Opportunity
and services are provided, educate its staff about
the needs of students with disabilities, and
The ADA is lowering the barriers to
promote the availability of auxiliary aids and
educational and professional advancement faced
services in its advertising.
by many people with disabilities. The
Department has engaged in enforcement
C.P.A. review course - In a settlement resolving
activities involving college entrance
the first lawsuit filed by the Justice Department
examinations and review courses for bar and
under the ADA, Becker C.P.A. Review, which
accounting exams.
prepares over 10,000 students annually to take
the national certified public accountant exam,
Scholastic Assessment Test -- The Educational
agreed to amend its auxiliary aids policy. Where
Testing Service and the College Entrance
a need can be demonstrated, Becker will provide
Examination Board agreed to schedule more
qualified sign language interpreters and assistive
dates for more than 20,000 students with
listening devices to students who are deaf or hard
disabilities wishing to take the new version of the
of hearing. Becker also agreed to appoint a
Scholastic Assessment Test. Under the original
national ADA coordinator, train its staff
testing schedule, students with disabilities
regarding the policy revision, pay $20,000 in
requiring accommodations were offered only one
damages to be distributed to deaf and hearing
Enforcing the ADA - July 26, 1995
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Special Fifth Anniversary Edition
ENFORCEMENT HIGHLIGHTS
impaired students, and establish a $25,000
improperly parked. Allright also paid $20,000 in
scholarship fund for accounting students at
civil penalties because of alleged delay in
California State University who have hearing
complying.
impairments.
Gibson's Discount Center -- By consent decree,
Becoming Part of the
the Department resolved a case against the
Economic Mainstream
operator of 30 discount department stores in eight
Midwest and Rocky Mountain States. The
Department investigated complaints against
A primary goal of the ADA is to bring
several Gibson's
people with disabilities into the mainstream of
department stores
the American economy. The Department has
alleging that
In some Kansas
achieved greater access in a wide variety of
Gibson's had failed
communities, Gibson's
private-sector settings.
to remove
Discount Center is the
architectural
only place in town to
Venture Department Stores -- The Department
barriers to access
shop for clothing,
entered into a consent decree resolving its suit
and that it had made
hardware, electronics,
against Venture Stores, Inc., a St. Louis firm
alterations that did
and sporting goods.
that operates more than 90 discount department
not comply with the
But for Richard
stores in eight states. Venture agreed to modify
ADA's Standards
Knight, who uses a
its policy of
for Accessible
wheelchair, it was
permitting only
Design. Under the
often impossible to
customers with
Joan Abbati has
agreement,
shop at his hometown
drivers' licenses to
epilepsy and is unable
store because of
to get a driver's
Gibson's will bring
pay with a personal
all its stores into full
insufficient accessible
check, and will
license. When making
compliance with the
parking and
now permit
purchases by check,
Standards; provide
inaccessible restrooms.
individuals who do
she shows the cashier
at least one
not drive because
an ID card issued by
of a disability to
the State of Illinois.
accessible fitting room and entrance at each store;
A Venture discount
and offer accessible parking, check-out aisles, and
pay by check if
department store in
restrooms. Also, Gibson's will pay $30,000 in
they have a non-
Chicago refused to
civil penalties and $15,000 in compensatory
driver state ID
damages.
card. It also
honor the card,
agreed to
preventing her from
compensate the
paying by check.
Municipal Credit Union of New York City -- A
branch office of the Municipal Credit Union of
complainants.
New York City was inaccessible to people with
mobility impairments. The Credit Union agreed to
Parking facilities in Colorado -- The Department
install a ramp at the entrance, notify its customers
entered into a consent decree resolving its suit
of the ramp, post appropriate signs, and instruct
against Allright Colorado, a company that owns
the staff to provide assistance when requested by
or operates over 100 parking lot facilities in
individuals with disabilities.
Denver. Under the agreement, Allright will add
over 400 accessible parking spaces to its
facilities, and instruct parking attendants to
monitor the slots and ticket cars that are
Enforcing the ADA - July 26, 1995
6
Special Fifth Anniversary Edition
ENFORCEMENT HIGHLIGHTS
Smith Barney - Under a formal settlement,
Smith Barney, a nationwide financial planning
Ensuring
services company, will provide, upon request,
Fair Treatment
financial statements and correspondence in large
print to its customers with vision impairments.
The ADA protects people with disabilities
(Smith Barney already provides documents in
from unfair treatment. The Department has
Braille.) Smith Barney also agreed to pay $1,500
successfully fought for the rights of people with
to the complainant and notify its customers of the
HIV infection not to be refused routine dental
new service. Since the agreement, 645
care because of irrational fears.
customers already have requested large print
documents.
Dental service in New Orleans -- A Federal court
in Louisiana ruled that a dentist violated the law
Lone Star Steakhouse and Saloons -- Lone Star
by referring persons with HIV or AIDS to
Steakhouse and Saloons, a nationwide restaurant
another dentist solely on the basis of the patient's
chain operating 105 restaurants in 29 States,
HIV positive status. Under a consent order the
agreed to bring 97 new or altered facilities into
dentist, Dr. Morvant, agreed to pay $60,000 in
full compliance with the ADA. This settlement
damages to the family of one deceased patient,
was the first resulting from a compliance review,
Ismael Pena, and
a process by which the Department reviews
$60,000 to another
architectural plans to determine if new
patient, and to no
For 11 years Ismael
construction projects will comply with the
longer discriminate
Pena went to the
same dentist in New
ADA's standards. By reviewing the plans and
against persons with
visiting several sites, officials learned that
HIV or AIDS.
Orleans for basic
Lonestar failed to provide accessible seating,
Morvant may refer
dental care. But
restrooms, and parking, as well as accessible
such patients to
after learning that his
routes from parking areas. Under the settlement,
another dentist only
longstanding and
Lone Star is contributing a total of $25,000 to
when the dental
loyal patient had
four disability advocacy groups.
treatment being
AIDS, Dr. Morvant
sought or provided is
told Pena to go
Gas station in Arlington, Virginia -- Under an
outside his area of
elsewhere to get his
teeth cleaned.
agreement, an Exxon gas station in Arlington
expertise. The order
agreed to pump gas for persons with disabilities
also requires Morvant
and implement a procedure that would ensure
and his staff to undergo training on the treatment
that persons with disabilities could bypass the
of persons with HIV or AIDS, infection control
inaccessible electronic card reader devices when
in the dental workplace, and the ethical duty to
pumping their own gasoline. Exxon also will
treat persons with HIV or AIDS.
display signs describing this procedure.
Enforcing the ADA - July 26, 1995
7
Special Fifth Anniversary Edition
ENFORCEMENT HIGHLIGHTS
Access to Business
policy, require all new franchisees and those
and Leisure Travel
renewing their contracts to adopt the policy, train
its staff at its corporate-owned rental locations,
and allow persons who are unemployed due to a
The ADA guarantees the right of people
disability and who do not use credit cards, to
with disabilities to enjoy the amenities of
leisure and business travel. The
substitute verifiable disability-related income in
Department's activities have led to greater
lieu of a verifiable employment history. Also,
Avis will allow persons who cannot drive due to
accessibility in the hotel, rental car, and
a disability to rent cars in their own name and
resort industries.
maintain financial responsibility for renting the
car when accompanied by a licensed driver.
Hyatt Regency in Dallas -- The Department
resolved a suit alleging that the Hyatt
Regency Dallas Hotel failed to remove
Resort hotels in Hawaii -- The Department sued
architectural barriers where it was readily
Pleasant Travel Service, Inc., and its subsidiary,
achievable to do
Hawaiian Hotels & Resorts, Inc., who own and
operate several resort hotels in Hawaii and
so. Under the
For some families who
California. It
consent
have children with spina
alleged that the
agreement, the
bifida, the yearly
hotels failed to
John Hartman, a
Hyatt Corporation
wheelchair user who is
agreed to provide
convention of the Spina
remove barriers to
Bifida Association is a
access and
active in community
28 accessible
renovated the
affairs in Kona, Hawaii,
summer vacation. The
guest rooms,
hotels in ways that
frequently attends
modify three sets
children can play with
did not comply
meetings of his local
of restrooms on
other children with spina
government at the Royal
bifida and not feel
with the ADA's
several floors, and
Kona Resort. Because
excluded or self-
standards. Under
construct ramps
there was no accessible
providing access
conscious. In 1992,
a consent decree,
the Royal Lahaina
restroom, Hartman often
to the hotel's
excitement turned to
would have to leave
swimming pool
disappointment when
Resort, the Royal
families showed up at
Kona Resort, and
meetings abruptly,
and hot tub areas.
the Kauai
return to his van, and
It also agreed to
the convention only to
drive into town to find
find that the
Coconut Beach
pay a total of
guestrooms, restrooms,
Resort will
an accessible facility.
$36,000 in
and pool at the Dallas
provide accessible
compensatory
damages to 24
Hyatt were inaccessible.
parking; modify restrooms to make them
accessible; provide access to restaurants,
individuals with
swimming pools and the luau areas; and offer
disabilities.
between 12 and 14 accessible guest rooms at
each hotel. Also, the defendants agreed to pay a
Avis, Inc. -- Under a formal settlement, Avis,
total of $25,000 in compensatory damages to two
Inc., the country's second largest car rental
individuals who use wheelchairs and $25,000 in
company, agreed to provide rental cars with
civil penalties.
hand controls for persons with disabilities --
with as little as eight hours notice in most
major airport locations. Avis also agreed to
urge all existing licensees to adopt the same
Enforcing the ADA - July 26, 1995
8
Special Fifth Anniversary Edition
ENFORCEMENT HIGHLIGHTS
Increasing Access to
allows patrons with mobility impairments to buy
Recreational Activities
the same number of companion tickets to Fair
concerts that other patrons are able to buy.
The ADA bolsters the ability of people with
Theaters in New York City -- A number of
disabilities to enjoy recreational activities with
motion picture and performing arts theaters in
their family and friends. The Department has
New York City agreed to install assistive
successfully increased access in diverse settings
listening systems and provide individual receivers
ranging from bowling centers to county fairs.
for patrons who are hard of hearing.
Empire State Building in New York -- The
Justice Department alleged that the owners of the
Providing Freedom from
Empire State Building failed to remove
Unnecessary Inquiries
architectural barriers where it was readily
achievable to do so. An agreement resolving the
into Disability
complaint mandates changes to the lobby,
entrance, observation decks, restrooms and
The ADA gives people with disabilities the
telephones, but does not cover any privately
right to be free from undue requests for personal
leased office space in the building.
and private information about their physical or
mental condition. Many State licensing
Bowling alley in Greenwood, South Carolina --
authorities are reconsidering the questions they
The owners of Emerald
are asking applicants for professional licenses
Lanes, a bowling
due to the Department's activities in this area.
A South Carolina
center, agreed to
man just wanted to
construct a ramp and
Professional licensing nationwide -- By
be able to see his
an accessible door at
challenging overly broad mental health inquiries
children bowl in
the front entrance, build
by State licensing officials of applicants for
league competition
a new accessible unisex
professional licenses (law and medicine), the
-- but inaccessible
restroom and vestibule
Department has spurred reform efforts
facilities made it
leading to it, and add
nationwide. In briefs filed in New Jersey,
impossible.
accessible parking.
Florida, and Virginia, the Department has argued
that broad questions about an individual's history
Public fair in Minnehaha County, South Dakota
of treatment or counseling for mental, emotional,
or nervous conditions that do not focus on
-- In the first settlement agreement involving a
public fair, Minnehaha County agreed to a wide
current impairment of an applicant's fitness to
practice in a given profession violate the ADA.
range of measures to ensure accessibility at the
Sioux Empire Fair. The County agreed to
In one case challenging an unnecessarily broad
inquiry into past mental health treatment, the
renovate several bathrooms, install two TDD's at
Federal court ordered the Virginia Board of Bar
pay phones, create an accessible path of travel
through areas of the Fairgrounds, upgrade
Examiners to stop asking bar applicants whether
accessible parking, make the vending and
they had received counseling within the past five
years.
ticketing counters and booths accessible, provide
materials to Fair volunteers and patrons
regarding the accommodations available for
people with disabilities, and adopt a policy that
Enforcing the ADA - July 26, 1995
9
Special Fifth Anniversary Edition
CERTIFICATION HIGHLIGHTS/TECHNICAL ASSISTANCE HIGHLIGHTS
III Certification Highlights
The law requires that newly constructed or
Washington State's Code -- In March, the
altered facilities comply with the ADA Standards
Justice Department certified that the requirements
for Accessible Design. The ADA authorizes the
of Washington's building code are equivalent to
Justice Department to certify building codes that
those set forth in the ADA. Washington was the
meet the ADA's standards. In litigation, an
first State to submit, and receive certification of,
entity that complies with a certified code can use
its code. It may serve as a model for other states
it as rebuttable evidence of compliance with the
and localities.
law.
100L Technical Assistance Highlights
Congress made the ADA very flexible and
provided grants to trade associations and
required the Federal Government to provide
other organizations for the development of
technical assistance to help the public understand
specially-tailored publications and videotapes
the law's requirements. The Justice Department
on the ADA. The groups included--
has fulfilled this mandate by establishing a wide
ranging technical assistance program.
--owners and managers of hotels and
motels, restaurants, grocery stores, other
In the past five years, the Department has --
retail establishments, small businesses,
and businesses whose owners speak
distributed more than 70 million ADA
Spanish or other languages;
publications and informational pieces to the
public;
--builders and contractors, students and
professors of design education programs,
established a toll-free Information Line that
and members of historic preservation
receives approximately 6,500 calls each
boards and commissions;
month from the public;
--medical professionals, child care
distributed public service announcements
providers, and service providers for older
about the ADA to hundreds of TV and radio
people;
stations across the country;
--mayors of medium and large cities,
developed and disseminated an ADA
small towns and townships, police
Information File containing over 30 technical
officers and court personnel, and
assistance publications to 15,000 public
managers and operators of emergency
libraries and 6,000 Chambers of Commerce
response ("9-1-1") centers;
nationwide;
Enforcing the ADA - July 26, 1995
10
Special Fifth Anniversary Edition
TECHNICAL ASSISTANCE HIGHLIGHTS
--people with disabilities; and,
ADA Information Line
--community and professional mediators.
ADA specialists are available Monday,
Most businesses and governments comply
Tuesday, Wednesday, and Friday from 10:00
once they understand what is required. That is
a.m. to 6:00 p.m. (EDT), and Thursday from
why our ADA Information Line is a
1:00 p.m. to 6:00 p.m. Spanish language service
cornerstone of our public education effort.
is also provided. Callers may hear recorded
Through the information line, ADA specialists
information and order materials at any time day
or night.
are available to answer questions and provide
basic information, technical guidance, and
publications.
1-800-514-0301 (voice)
1-800-514-0383 (TDD)
A State university administrator
did not know how to
Publications
accommodate a student who uses
a wheelchair -- so he called the
Copies of the Department of Justice's
ADA hotline. An ADA specialist
regulations and technical assistance manuals for
suggested moving courses to
titles II and III of the ADA, the ADA Questions
accessible sites as well as setting
and Answers booklet, the ADA Handbook
up meetings with students and
(limited quantities available), ADA Status
staff to identify possible obstacles
Reports, and information about the Department's
that limit campus access. Two
technical assistance grant program can be
weeks later, the administrator
obtained free of charge by calling the ADA
called back to say that the first
Information Line at the number listed above or by
meeting was a success, not only
writing to the address listed below. These
for the students, but for the school
materials are also available as an accommodation
because it dispelled the myth that
to people with disabilities in large print, Braille,
providing program access would
audiotape, and computer disk.
be too costly.
U.S. Department of Justice
Civil Rights Division
Our technical assistance initiatives
Disability Rights Section
underscore the importance of developing
Post Office Box 66738
partnerships between businesses or local
Washington, D.C. 20035-6738
governments and persons with disabilities.
Working together makes compliance easier and
more effective.
Enforcing the ADA - July 26, 1995
11
Special Fifth Anniversary Edition
TECHNICAL ASSISTANCE HIGHLIGHTS
ADA Documents are On-line - The
Copies of the Department of Justice's
Department of Justice operates an
Technical Assistance Manuals for titles II and III
electronic bulletin board system (BBS)
and yearly updates can also be obtained by
that contains its ADA regulations and
subscription from the Government Printing
technical assistance materials as well as
Office. The subscription fee for the Title II
some materials from other Federal
Manual, which includes annual supplements
agencies. These can be downloaded by
through 1996, is $24. The subscription fee for
computer modem by dialing 202-514-
the Title III Manual with supplements through
6193. The BBS can also be accessed
1996 is $25. Call the ADA Information Line to
through the Internet. The access codes
obtain an order form.
are telnet fedworld.gov Gateway D,
choice 1 #9.
Copies of legal documents and settlement
agreements mentioned in this publication can be
The Department also has placed
obtained by writing to:
a variety of its ADA materials directly
on the Internet, including press releases
Freedom of Information/Privacy Act Branch
on ADA cases and ADA regulations and
Administrative Management Section
technical assistance materials. These
Civil Rights Division
materials can be accessed with gopher
U.S. Department of Justice
client software (gopher.usdoj.gov),
P.O. Box 65310
through other gopher servers (choose 9
Washington, D.C. 20035-5310
for North America, 5 for USA, 1 for All,
Fax: 202-514-6195
and look for Department of Justice,
which currently is option 377), with
World Wide Web software (http://www.
usdoj.gov), or through the White House
www server (http://www.whitehouse.
gov). On the DOJ Home Page on the
Web, ADA materials are located under
Litigation Organizations, Civil Rights
Division and under Justice Department
Issues, Americans with Disabilities Act.
The Department's press releases are
located under the Office of Public
Affairs on both the gopher and the
World Wide Web. The Department's
press releases are searchable on both
gopher and World Wide Web. Speeches
by senior officials of the Civil Rights
Division can be found on the Civil
Rights Division gopher and under
Litigation Organizations, Civil Rights
Division, Civil Rights Gopher
Information.
Enforcing the ADA - July 26, 1995
12
Special Fifth Anniversary Edition
OTHER SOURCES OF ADA INFORMATION
IN Other Sources of ADA Information
The Equal Employment Opportunity
ADA legal questions
Commission offers technical assistance to the
202-634-1798 (voice)
public concerning title I of the ADA.
202-418-0484 (TDD)
For ordering documents
Complaints and enforcement
800-669-3362 (voice)
202-632-7553 (voice)
800-800-3302 (TDD)
202-418-0485 (TDD)
For questions
The U.S. Architectural and Transportation
800-669-4000 (voice)
Barriers Compliance Board, or Access Board,
800-669-6820 (TDD)
offers technical assistance to the public on the
ADA Accessibility Guidelines.
The U.S. Department of Transportation
offers technical assistance to the public
ADA documents and questions
concerning the public transportation provisions
800-872-2253 (voice)
of title II and title III of the ADA.
800-993-2822 (TDD)
ADA documents and general questions
The National Institute on Disability and
202-366-1656 (voice)
Rehabilitation Research (NIDRR) of the U.S.
202-366-4567 (TDD)
Department of Education has funded ten regional
centers to provide technical assistance on the
ADA legal questions
ADA.
202-366-1936 (voice)
TDD: Use relay service
800-949-4232 (voice & TDD)
(call automatically connects to
Complaints and enforcement
the closest center)
202-366-2285 (voice)
202-366-0153 (TDD)
The Job Accommodation Network (JAN) is
a free telephone consulting service funded by the
Project ACTION
President's Committee on Employment of People
202-347-3066 (voice)
with Disabilities. It provides information and
202-347-7385 (TDD)
advice to employers and people with disabilities
on reasonable accommodation in the workplace.
The Federal Communications Commission
offers technical assistance to the public
Accommodation in the workplace
concerning title IV of the ADA.
800-526-7234 (voice & TDD)
ADA documents and general questions
202-418-0190 (voice)
202-418-2555 (TDD)
Enforcing the ADA - July 26, 1995
13
Special Fifth Anniversary Edition
How TO FILE COMPLAINTS
V How to File Complaints
Title I
Titles II and III
Complaints about violations of title I
Complaints about violations of title II by
(employment) by units of State and local
units of State and local government or violations
government or by private employers should be
of title III by public accommodations and
filed with the Equal Employment Opportunity
commercial facilities should be filed with -
Commission. Call 800-669-4000 (voice) or
800-669-6820 (TDD) for the field office in
U.S. Department of Justice
your area.
Civil Rights Division
Disability Rights Section
Post Office Box 66738
Washington, D.C. 20035-6738
Enforcing the ADA - July 26, 1995
14
Special Fifth Anniversary Edition
02/08/96 20:24
48490
001
U.S. Department of Justice
Civil Rights Division
Office of the Assistant Anomay General
Washington, D.C. 20530
TELEFACSIMILE COVER SHEET
DATE:
2/8
TO:
Bill white
PHONE:
FAX:
456 6218 456
FROM:
LIZ SAVAGE
OFFICE OF THE ASSISTANT ATTORNEY GENERAL
CIVIL RIGHTS DIVISION
FAX NUMBER: 202-514-0293
PHONE: 202-514-4279
COMMENTS:
Ful
NUMBER OF PAGES TRANSMITTED (INCLUDING THIS SHEET)
THE INFORMATION CONTAINED IN THIS TRANSMISSION IS PROPERTY OF THE UNITED STATES AND IS
ATTORNEY-CLIENT PRIVILEGED AND CONFIDENTIAL. IT IS INTENDED ONLY FOR THE USE OF THE
INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED
RECIPIENT. YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS
COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR.
PLEASE NOTIFY US IMMEDIATELY BY CALLING 202-514-4279.
02/08/96
20:25
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002
Department of Justice
FOR IMMEDIATE RELEASE
CR
THURSDAY, FEBRUARY 8, 1996
(202) 616-2765
TDD (202) 514-1888
JUSTICE DEPARTMENT SUES DAYS INN CHAIN FOR BUILDING
INACCESSIBLE HOTELS
WASHINGTON, D.C. -- The Justice Department today sued the
Days Inn of America hotel chain, claiming that at least five of
its hotels were not built to provide access for guests with
disabilities. All of the hotels surveyed failed to comply with
the Americans with Disabilities Act (ADA).
The suits are the first to be filed by the Justice
Department under the ADA challenging the construction and design
of a building built after the law went into effect.
The five suits allege that each of the hotels -- in
Evansville, Indiana; Wall, South Dakota; Hazard, Kentucky;
Champaign, Illinois; and Willows, California -- was constructed
after Congress enacted the ADA, which requires builders to comply
with specific architectural guidelines ensuring that persons with
disabilities can gain access to the facility.
"Travelers with disabilities should be as welcome at our
nation's hotels as anyone else," said Assistant Attorney General
for Civil Rights Deval L. Patrick. "It is much easier to make a
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hotel accessible from the start than to go back and fix it
later."
Today's actions stem from an 18-month Justice Department
investigation of 28 newly-built Days Inn hotels in 17 states.
The investigation revealed that all 28 failed to comply with the
ADA. The 23 other hotels have engaged in negotiations with the
Justice Department.
But in the five cases filed today, the owners have refused
repeated attempts by the Justice Department to resolve the
matters out of court. The Justice Department had also attempted
unsuccessfully to reach an agreement with Days Inns of America,
Inc. and its parent company, Hospitality Franchise Systems, Inc.
(HFS), both of Parsippany, New Jersey, to remedy the violations
nationwide.
While Days Inn hotels are not identical, the Justice
Department investigation exposed similar problems throughout the
chain. The investigation, among other things, revealed that:
some hotels lack sufficient visual alarms to alert those who
are deaf or hard-of-hearing to smoke, fire or other
emergencies;
the deadbolts and security latches, switches for lamps,
heating and air conditioner controls require tight grasping,
pinching, or twisting, which is difficult or impossible for
individuals with limited manual dexterity;
many ramps for wheelchair users are either too steep, have
no handrails, or hazardously slope sideways;
bathrooms in the so-called accessible rooms lack adequate
clear floor space to maneuver around the toilet or bathtub;
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individuals who are blind have difficulty finding their
rooms because the hotels lacked proper signs with raised or
Braille characters;
clothes rods and shelves are mounted too high to be reached
by an individual using a wheelchair, while lamps and levers
to maneuver drapes are blocked by furniture;
parking is inaccessible or there is no clear route from the
parking lot to the hotel entrance.
"Not only do these violations impede access, in many cases
it is unsafe for guests with disabilities to stay at these
hotels," Patrick added. "We just cannot not ignore such a
blatant disregard for the law."
The ADA, passed in July 1990, prohibits discrimination
against persons with disabilities. Title III of the Act requires
that those building and designing public accommodations,
including hotels and motels, built after January 1993, comply
with certain architectural guidelines known as the ADA's
Standards for Accessible Design.
"These hotels were built well after the law was passed,"
added Patrick.
Each of the suits seeks a court order requiring Days Inn
America (DIA), its parent HFS, as well as the individual owner,
architect, and general contractor of the building to correct each
violation and pay a civil penalty of up to $50,000 for the first
offense.
The Justice Department included DIA and HFS in the suit
because they participated in designing and constructing each
notel. The company's involvement included preparing standard
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plans for new hotels; in many cases reviewing and approving hotel
plans prior to construction; and inspecting and approving
completed facilities.
"They all shared responsibility for the problem. They
should all share in remedying it," added Patrick.
The Justice Department has engaged in an extensive nation-
wide education campaign to inform Americans about their rights
and obligations under the law. Since the ADA went into effect,
the Department has reached out to builders, architects, and hotel
and motel operators to make certain they know about the law.
As part of its public education campaign, the Justice
Department has created a public service announcement advertising
a toll-free ADA hotline. The ADA notline number is 1-800-514-
0301 or (TDD) 1-800-514-0303.
###
96-037
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NEW CONSTRUCTION AND THE AMERICANS WITH
DISABILITIES ACT (ADA)
Title III and how it applies to new construction
Title III of the ADA requires that any public accommodation must be designed and constructed so
that it is accessible to individuals with disabilities. A public accommodation is a facility that
provides some type of service to the public - such as a restaurant, a zoo, a private school, a
hospital, a bank, or in today's case, a hotel.
The Standards for Accessible Design
Under the ADA, the Justice Department enforces the regulations for architectural standards for new
construction, known as the Standards for Accessible Design.
The Standards set forth requirements for things such as parking, walkways, entrances, lobbies,
common use areas, restrooms, elevators, and guest rooms for all facilities which house a public
accommodation. They include specifications for particular elements of a building, such as the
numbers of parking spaces, the slope of a ramp, the width of a door, the size of a restroom, or the
placement of a public telephone.
The ADA was passed in July, 1990. Buildings constructed after January 23, 1993 must comply
with the Standards.
Who's responsible for compliance
Any entity that has significant involvement in or control over the design and construction of a new
facility is responsible for ensuring that the building complies with the law. In the case of the Days
Inn of America, a variety of individuals or groups participated in the construction of the hotels
including the architects, contractors, owners and the company.
State certification
The Justice Department has encouraged states and cities to submit their building codes for
certification. When state and local codes are consistent with the ADA, its easier for builders,
architects, and owners to ensure their building is accessible under the ADA as well.
Washington was the first state to receive certification by the Justice Department. Seven other states
are awaiting certification.
Where to go for more information
Comprehensive technical assistance on the design requirements of the law is available by calling the
toll free ADA information line -- 1-800-514-0301 or 1-800-514-0383 (TDD). Individuals may also
visit their local library and consult an ADA information file.
JUSTIN DART, JR.
907 6TH STREET, S.W., APT. 516C
WASHINGTON, D.C. 20024
202/488-7684
July 26, 1996
To: Bill White
From: Justin Dart
Subject: JUSTICE '96 UPDATE.
29 STATES - - FOR CLINTON 1316, DOLE 112
JUSTICE '96 - SUMMARY TO DATE: SINCE MID-APRIL I HAVE MET FACE-
TO-FACE WITH 2036 DISABILITY CONSTITUENCY LEADERS IN 31 CITIES IN
29 STATES. There have been 45 meetings, 31 teleconferences and numerous individual
contacts.
1433 DISABILITY COMMUNITY LEADERS COMMITTED TO PARTICIPATE IN
THE PRESIDENTIAL CAMPAIGN. CLINTON 1316, DOLE 112, NADER 3,
INDEPENDENCE PARTY 2. This is not a poll. These are commitments to play active
roles.
2,000 LEADERS HEAR PRESIDENT'S ADA SPEECH BY TELECONFERENCE. On
July 24 Justice for All held a national teleconference to premier the President's ADA
birthday speech. There were 180 sites on line - at least one in every state - with and
more than 2,000 disability community leaders gathered around speaker phones. Sixteen
persons - an impressive array of national disability community leaders - made 1-3
minute statements, followed by the President's taped address. Carol Rasco and Bill White
of the White House made excellent presentations. I acted as MC. The event got good
reviews from the grass roots.
In addition, Justice for All purchased 300 videos of the President's speech and
mailed them special delivery to our list of major national disability community leaders.
CONGRATULATIONS TO OUR GREAT JUSTICE FOR ALL TEAM: Coordinator
Mark Smith, Chair Becky Ogle, Fred Fay, Yoshiko Dart, Konoka Izumi, Yukari
Kuwakado, Masami Morigami and our magnificent colleagues in the states.
EQUAL ACCESS TO THE AMERICAN DREAM
Withdrawal/Redaction Marker
Clinton Library
DOCUMENT NO.
SUBJECT/TITLE
DATE
RESTRICTION
AND TYPE
001. list
Disability Community Leaders; RE: Personally Identifiable
07/26/1996
b(6)
Information [partial] (3 pages)
COLLECTION:
Clinton Presidential Records
Public Liaison
William White, Jr.
OA/Box Number: 14204
FOLDER TITLE:
ADA [Americans with Disabilities Act] 1996
2007-0143-F
db4550
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
PI National Security Classified Information [(a)(1) of the PRAJ
b(1) National security classified information [(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office [(a)(2) of the PRA]
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute |(a)(3) of the PRA]
an agency [(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information |(a)(4) of the PRAJ
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy |(a)(6) of the PRA]
b(7) Release would disclose information compiled for law enforcement
purposes |(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed
b(8) Release would disclose information concerning the regulation of
of gift.
financial institutions [(b)(8) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(9) Release would disclose geological or geophysical information
2201(3).
concerning wells [(b)(9) of the FOIA]
RR. Document will be reviewed upon request.
Presidential Radio Address
ADA 6th Anniversary
July 26, 1996
DISABILITY COMMUNITY LEADERS
1.
Justin Dart Jr.
Justice For All
(b)(6)
[001]
Justin Dart, a Republican who has served in the Reagan and Bush Administrations,
is the statesman of the disability rights movement. Justin has been traveling around
the country during the last several months meeting with disability activists and
announcing his support for the President.
2.
Robert Herman
Paralysed Veterans of America (PVA)
(b)(6)
Robert is the Advocacy Attorney for the PVA. The leadership of the PVA is in
Chicago attending their Annual Convention. Jesse Brown delivered the keynote
address for the PVA Convention on July 23rd.
3.
Donna Sorkin
Self Help for Hard of Hearing
(b)(6)
Donna Sorkin is the Executive Director of Self Help for Hard of Hearing People,
Inc. She was appointed by the President to the U.S. Architectural and
Transportation Barriers Compliance (Access) Board in September of 1994.
X4.
Margaret "Muffi" Lavigne
ucp
United Cerebral Palsy
(b)(6)
1460 ist Suite NW 60036
Muffi is 25 years old and works at the national office of the United Cerebral Palsy
Association as an information specialist. Muffi is a University of Connecticut
graduate and is currently working on her Political Science graduate degree at GWU.
Clinton Library Photocopy
5.
Nancy Bloch
National Association of the Deaf
(b)(6)
Ms. Bloch is a deaf woman recently appointed by the President to the U.S. Access
Board. Nancy is the executive director of the National Association of the Deaf and
has been an active disability rights advocate for over 15 years.
6.
Lorraine Sheehan
The Arc
(b)(6)
Lorraine is a member of the Board of Directors at the Arc. a national organization
that works on behalf of people with mental retardation. She is the past president of
the Maryland Arc, and is a person with multiple sclerosis.
7.
Marca Bristo
National Council on Disability (NCD)
(b)(6)
Marca Bristo of Chicago, IL was nominated by the President to chair the National
Council on Disability (NCD), the first person with a disability to hold this position.
Marca is the president and CEO of Access Living of Metropolitan Chicago.
8.
Lillian Pollo
National Council on Disability (NCD)
(b)(6)
Ms. Pollo of Miami, FL was appointed by the President to the NCD. She is a
secretary at the University of Miami, School of Medicine and also operates her own
secretarial service.
Clinton Library Photocopy
9.
Hughey Walker
National Council on Disability (NCD)
(b)(6)
Mr. Walker of Hemingway, SC is the former chairman of the Georgetown County
Council. Mr. Walker was confirmed to be a member of the NCD in December of
1995.
Special Attendant, Not Part of Ceremony:
Pamela Walker (spouse of Hughey Walker)
(b)(6)
10.
Ela Yazzie-King
National Council on Disability (NCD)
(b)(6)
Ms. Yazzie-King of Saint Michaels, AZ was confirmed by the Senate as a member
of the NCD in April of 1995. She is the regional team coordinator of the Indian
Children's Program.
Special Attendant, Not Part of Ceremony:
Jessicka Yazzie-King (daughter of Ela Yazzie-King)
(b)(6)
11.
Robert Holland
(b)(6)
Robert Holland lives with his daughter Rachel (below) in Sacramento, CA. Rachel
was born with a developmental disability. Over the last several years, the Holland
family has fought for the civil rights of children with disabilities and has worked in
conjunction with the Administration to uphold provisions of IDEA, which enabled
Rachel's full inclusion in the regular classroom.
12.
Rachel Holland
(b)(6)
Rachel is the 14 year old daughter of Robert Holland (above) and has a
developmental disability. Rachel and her Dad participated in NCD's National
Summit on Disability Policy.
Clinton Library Photocopy
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Clinton Library Photocopy