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HomeMy WebLinkAboutIR 7556 INFORMAL REPORT TO CITY COUNCIL MEMBERS No 7556 October toAr To the Mayor and Members of the Cky Council v i Subjed: Americans pith Disabilities Act Ii3 Summary. The Americans with Disabilities Act (ADA) was signed into law on July 26, 1990 by President George Bush. Final regulations were issued by the Equal Employment Opportunity Commission, the Department of Justice and other federal agencies on July 26, 1991. The ADA requirements become effective for state and local government operations on January 26, 1992. There are five (5) titles of the Act: Title I - Employment - prohibits discrimination in employment against a qualified individual with a disability in the terms and conditions of employment. Title II - Public Services - prohibits discrimination by a public entity in providing public services to a qualified individual with a disability. This title also requires that forms of public transportation be made accessible to individuals with disabilities. Title III - Public Accommodations And Services Operated By Private Entities - prohibits private entities from discriminating against a qualified individual in providing public accommodations and services. The title also requires that new commercial facilities and public accommodations are designed and constructed so that they are readily accessible to individuals with disabilities unless it is structurally impracticable to do so. Architectural barriers must be removed in existing public accommodations, where removal is readily achievable. Title IV - Telecommunications - requires that common carriers of interstate wire or radio communications provide technological accommodations for individuals with hearing and speech impairments. Title V - Miscellaneous Provisions - contains various additional provisions of the ADA. The provisions include a prohibition from retaliation against or coercing an individual who seeks to enforce another's or their own rights under the ADA. Title V also amends sections of the Rehabilitation Act of 1973 to exclude current users of alcohol and drug abuse from its coverage. Titles I and II of the Act will have the most impact on the City, especially in the area of employment and the accessibility of all government facilities, services, and communications for people with disabilities. The purpose of this informal report is to provide the City Council with background information about ADA, its requirements, and suggested steps for implementation. Below is a summary of Titles I and II and is not intended to be all-inclusive. TITLE I - EMPLOYMENT prohibits discrimination against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions and privileges of employment. An individual with a disability is a person who: -- has a physical or mental impairment that substantially limits one or more major life activities; -- has a record of such an impairment; or -- is regarded as having such an impairment. A qualified employee or applicant with a disability is an individual who, with or without reasonable accommodation, can perform the essential functions of the job in question. Reasonable accommodation may include, but is not limited to: ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS a INFORMAL REPORT TO CITY COUNCIL MEMBERS 7556 to To the Maw P and Manbers of the City Council age 2r 1, 1991 Page 2 of 4 `v a Sub" 1 = Americans With Disabilities Act -- making existing facilities used by employees readily accessible to and usable by persons with disabilities; --job restructuring, modifying work schedules, reassignment to a vacant position, --acquiring or modifying equipment or devices, adjusting or modifying examinations, training materials, or policies, and providing qualified readers or interpreters. An employer is required to make an accommodation to the known disability of a qualified applicant or employee if it would not impose an "undue hardship" on the operation of the employer's business. Undue hardship is defined as an action requiring significant difficulty or expense when considered in light of factors such as an employer's size, financial resources and the nature and structure of its operation. An employer is not required to lower quality or production standards to make an accommodation, nor is an employer obligated to provide personal use items such as glasses or hearing aids. TITLE II - PUBLIC SERVICES extends the provisions of the ADA to state and local governments and their agencies. Title II prohibits the exclusion of individuals with disabilities from the benefits of the services, programs or activities of a public entity, including those services, programs, or activities provided by a contractor. It also prohibits discrimination against an individual with a disability by any public entity. Accessibility to programs, services or activities includes not only the ability of the mobility-impaired to access programs, but people with other disabilities, e.g. hearing and speech impaired, the blind, etc. For example, the requirement to communicate in equally effective manner may involve a variety of auxiliary aids and services including (1) qualified interpreters, note takers, transcription services, written materials, telephone handset amplifiers, assistive listening devices, assistive listening systems, telephones compatible with hearing aids, closed caption decoders, telecommunications devices for deaf persons, or other effective methods of making aurally delivered materials available to individuals with hearing impairments; (2) qualified readers, taped texts, audio recordings, brailled materials, large print materials, or other effective methods of making visually delivered materials available to individuals; (3) acquisition or modification of equipment or devices; (4) other similar services and actions. Upon request, the City is required to furnish appropriate auxiliary aids and services to people with disabilities to participate, enjoy a service, program, or activity. In addition, Title II requires that public transportation be made readily accessible and usable by individuals with disabilities. Also public entities must provide paratransit public transportation for persons with disabilities to supplement regular fixed-route transportation systems. New facilities used in providing public transportation must be made readily accessible to persons with disabilities. Areas in such existing facilities that undergo alterations must be made accessible to persons with disabilities. "Facilities" means all or part of buildings, structures, sites, complexes, equipment, roads, walks, passageways, parking lots, garages, indoor and outdoor where human-constructed elements have been added. ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS --- INFORMAL. REPORT TO CITY COUNCIL. MEMBERS No 7556 M.�YrR, October 1, 2992 `�g aAr To the Mayor and Members of the City Council Page 3 of 4 vz Subject: Americans With Disabilities Act _., SUGGESTED STEPS FOR IMPLEMENTATION 1. Designation of ADA Coordinator. The Personnel Department has been assigned to coordinate the implementation of the requirements of the ADA. Specifically, Assistant Personnel Director Libby Lanzara, who has staff responsibility of the City's EEO/Affirmative Action oversight will serve as ADA Coordinator. She will coordinate the City's ADA efforts, oversee the implementation of the ADA compliance program and investigate complaints. Each City department also will be required to designate a departmental coordinator. 2. Conduct A Self-Evaluation of Programs and Services. A self-evaluation of the accessibility to programs for disabled people must be completed within one year and kept on file for a period of three (3) years. Input must be invited from interested persons, the disabled, and organizations which represent them. A limited evaluation was conducted in the mid-1980's and needs to be updated. The date of enforcement is not delayed while the self-evaluation is being conducted. 3. Develop A Transition Plan for Making Facilities Accessible. A transition plan must be written within six (6) months of the effective date, which focuses on alterations to facilities. As a minimum, the plan should: (1) identify physical obstacles; (2) describe in detail methods to make facilities accessible; (3) specify schedule for steps, if over year identify steps per year; (4) indicate responsible official . All structural changes should be accomplished as soon as possible, but no longer than three (3) years. If it takes longer than one year, the City will be required to develop an annual plan._ 4. Adopt And Publish Grievance Procedure. The City is required to develop, adopt and publish a grievance procedure; however, complainants are not limited to the City's in-house procedure and are not required to use it. Complaints can also be filed with any appropriate federal agency, or an agency that provides funding to local government agencies, or with the Department of Justice. 5. Post Notices of Rights. The City must post appropriate legal notices on the effective date of the ADA, January 26, 1992 describing the applicable provisions of the ADA. 6. Establish A Resource Network. The City needs to establish a resource network with agencies, associations, and organizations which work with disabled persons. Such groups will be able to provide technical assistance to the City in its employment compliance program, as well as providing support services to disabled citizens seeking employment with the City. 7. Rewrite City Job Descriptions. Under the ADA, an employer's written job descriptions are considered evidence of the essential functions of a job, if the job description existed before the job was advertised or the applicant/employee was interviewed for the job, considered for promotion, or other job-related action was taken. It is important that the essential job-related functions be defined and all essential job-related functions should be contained in the job description. Reasonable accommodations also must be provided for "essential job-related functions." 8. Review Pre- and Post-Employment Medical Examinations. Traditional pre-employment medical examinations are prohibited under the ADA. Examinations can only be administered after an offer of employment is made, all employees take the examination, and the exams ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS---�- INFORMAL REPORT TO CITY COUNCIL MEMBERS No 75se october 1, 1991 fir. s00 To the Mayor and Memb+ws of the City Council Page 4 of 4 rx"h• Subject: Americans With Disabilities Act must be restructured to comply with ADA. 9. Review Worker's Compensation Policies. Current employees returning to work from disability leave may require a reasonable accommodation. Special issues arise where the return to work involves worker's compensation; it is highly probable for injured workers to become *disabled" employees covered by the ADA. 10. Train Supervisors On ADA. Because of the conpiexity of the ADA, supervisors will require special training. Supervisors who conduct employment interviews will require training in "disability etiquette" in order to properly interview applicants with disabilities so that all feel comfortable. Because it is illegal to make pre-employment inquiries ino are applicant's disability, it is essential that supervisors/interviewers be trained not to ask prohibited questions. Qualified applicants with disabilities should have input regarding possible accommodations on their behalf. 11. Review And Sanitize Applications And Other City Forms. The City's application will have to be revised to delete inquiries related to an applicant's physical or mental condition. Any question which seeks information about an applicant's physical or mental condition prior to a job offer being made could result in liability. Fiscal Concerns. The financial impact of implementing the ADA on the City of Fort Worth will be signficant. However, until the self-evaluation process is completed by all City departments, it will be difficult to make an accurate estimate of the total cost of implementation. The Transition Plan that will identify what needs to be accomplished to make facilities accessible also will include cost estimates to make necessary alterations to City facilities. The total cost of making reasonable accommodations is unknown, although federal officials estimate the average cost to be $261 per accommodation and that 80% of all accommodations will cost less than $500 each. Following the development of the Transition Plan and completion of the self-evaluation, staff will submit their recommendations to the City Council for consideration and action. Respectfully submitted, f DAVID IVORY City Manager ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS -�---