Under a technical assistance grant from the Department of Justice, the Key Bridge Foundation is accepting referral of complaints under Titles II and III for mediation by professional mediators. The Foundation has trained over 300 professional mediators in 45 states in the legal requirements of the ADA. Over 70 percent of the cases in which mediation has been completed have been successfully resolved.
Mediation is an informal process where an impartial third party helps disputing parties to find mutually satisfactory solutions to their differences. Mediation can resolve disputes quickly and satisfactorily, without the expense and delay of formal investigation and litigation.
Mediation proceedings are confidential and voluntary for all parties. Mediation typically involves one or more meetings between the disputing parties and the mediator. It may also involve one or more confidential sessions between one party and the mediator.
Mediation is neither therapy nor a "day in court." Rather, mediation provides a safe environment for the parties to air their differences and reach a mutually agreeable resolution. Mediators are not judges. Their role is to manage the process through which parties resolve their conflict, not to decide how the conflict should be resolved. They do this by assuring the fairness of the mediation process, facilitating communication, and maintaining the balance of power between the parties.
Representation by an attorney is permitted, but not required, in mediation. While mediators may not give legal advice or interpret the law, they will refer parties to impartial outside experts within the disability and legal communities when questions or issues needing clarification arise.
A successful mediation results in a binding agreement between the parties. If mediation is unsuccessful and an agreement cannot be reached, parties may still pursue all legal remedies provided under the ADA, including private lawsuits.
Complaints under both Title II (public entities) and Title III (private entities) can be mediated. Disputes involving barrier removal or program accessibility, modification of policies, and effective communication are most appropriate for mediation.
The Department refers appropriate ADA disputes to mediators at no cost to the parties. A list indicating the cities with mediators currently participating in the Department's program may be obtained through the ADA Home Page on the World Wide Web or the ADA Information Line. In addition, the Key Bridge Foundation is conducting ongoing mediator training sessions.
If you want a mediator in the Department's program to work with you and the other party to resolve an ADA dispute, you simply follow the usual procedure for filing a complaint with the Department and note on the complaint that you want to take your dispute to mediation. While the DOJ cannot guarantee that everyone who wants mediation will be able to participate in the program, the Department will make every effort to comply with requests for mediation.
To find a local mediator with an ADA specialization, call Key Bridge Foundation at 703-522-2943 v or 703-528-1609 tty.
Source: U. S. Department of Justice
In the April 18, 1997 Federal Register, the Architectural and Transportation Barriers Compliance Board (Access Board) issued its proposed guidelines for accessibility, usability and compatibility of telecommunications equipment and customer premises equipment covered by the Telecommunications Act of 1996.
The Act requires manufacturers of telecommunications equipment and customer premises equipment to ensure that the equipment is designed, developed and fabricated to be accessible. When it is not readily achievable to make the equipment accessible, the Act requires manufacturers to ensure that the equipment is compatible with existing peripheral devices or specialized customer premises equipment if readily achievable.
While the deadline for comments was June 2, 1997, comments received after this date will be considered to the extent practicable. For a copy of this proposed guideline, contact GLDBTAC at 1-800-949-4232 v/tty, or the ATBCB at 1-800-USA-ABLE.
Source: U.S. Federal Register
The U.S. Architecture and Transportation Barriers Compliance Board conducted a study to identify and evaluate methods and standards related to enabling access to swimming pools by people with disabilities. It focused on the appropriateness, independent use, degree of consistency with existing building standards, level of safety and impact on pool design.
With the assistance of a national advisory panel, four principal activities were undertaken: a comprehensive review of literature; a national telephone survey of people with disabilities; a national telephone survey of swimming pool operators, managers, aquatic directors and adaptive aquatic instructors; and actual pool testing of identified designs and devices by people with disabilities.
A comprehensive review of the literature was organized into four areas. The first area was a review of the published literature of the past 35 years. The second area reviewed was the state building codes related to swimming pools. The third area examined was the existing standards for public swimming pools and spas, ANSI/NSPI-1 1991 and ANSI/NSPI-2 1992. Finally, the fourth area analyzed the report of the Recreation Access Advisory Committee (1994).
A national telephone survey of 300 people with disabilities was conducted to determine their needs and preferences relative to the effective access to swimming pools. The findings indicated that people with disabilities do use swimming pools with some regularity. There was nearly unanimous agreement that at least one accessible means of entry and exit should be provided at all pools, and most believed that more than one accessible means should be provided.
A national telephone survey of 150 professionals involved with swimming pool operation was conducted. The purpose of this study was to determine the current practices of pool operations related to entering and exiting swimming pools by people with disabilities. People with disabilities account for 14% of pool users at those pools that collect data on pool users with disabilities. Seventy-three percent of the respondents indicated that each of the pools operated by their agencies had at least one accessible means of entry for people with disabilities and 48% reported more than one. Stairs, lifts, ramps and zero depth entry were the means of access most frequently found at pools. Respondents reported on the safety and maintenance concerns for each of the devices or designs.
On-site testing of the identified means of pool access was conducted to examine the appropriateness, independent use and safety of the identified means of pool access by people with diverse disabilities. Specific problems with each of the designs and devices were reported.
Source: U.S. Access Board
The ABA Committee on Mental & Physical Disability Law started a campaign to identify the nation's disability lawyers by gathering the names and addresses of lawyers who have a special interest in disability law by virtue of their legal practice or their own disabilities.
The collected information will be used to form a disability lawyer database, create a web site for lawyers with disabilities, and publish a directory of groups that specialize in disability law.
State and local bar associations, legal services programs for persons with disabilities, law firms, lawyers with disabilities or expertise in disability law, and disability groups, newsletters, and publications are encouraged to respond.
For more information, contact the ABA Committee on Mental & Physical Disability Law at 740 - 15th Street NW, Washington, DC 20005; 202-662-1570 v; 202-662-1012 tty; 202-662-1032 fax.
Source: American Bar Association
The Workforce Recruitment Program for College Students with Disabilities (WRP) is a resource for businesses nationwide to identify qualified temporary and permanent employees from a variety of fields. Applicants are post-secondary students and recent graduates eager to probe their abilities in the workforce.
Trained recruiters from Federal agencies conduct personal interviews with interested students on college and university campuses. Employers may contact the President's Committee's Job Accommodation Network (JAN) directly to conduct a database search for applicants who meet certain job requirements, reside within a particular state and/or attend a specific school. The student database is also available on disk for businesses that wish to conduct their own searches. To access the database, call JAN at 800-526-7234.
Source: Job Accommodation Network
The Great Lakes DBTAC does not review the materials in the ADA Resources section for their accuracy. This portion of the newsletter contains new products or services that have been called to our attention. Their inclusion should not be construed as an endorsement.
Adapting PC's for Disabilities
Produced by: Program Development Associates. Price:
$39.95. Pages: 304. This book includes a CD-ROM that has a
tool kit that can be used to adapt a PC into a workstation for a person
with a disability. It also contains a complete guide to assistive hardware
and software for issues relating to vision, hearing, motor, speech and
learning disabilities. To order, contact PDA at 800-543-2119.
The AIDS Directory
Produced by: LRP Publications. Price: $250. Pages:
800. This directory, produced by the publishers of AIDS Policy and
Law, is a guide to the more than 1500 leaders in research, services,
policy, advocacy and funding. To order, contact LRP Publications at
800-341-7874, ext. 347 v. or 215-658-0938 tty.
American Telability Media
Produced by: National Telability Media Center. Price: $40.
This directory is a listing of periodicals and broadcast media that serve
those with disabilities. Available in print or disk format. To order,
contact NTMC at 573-445-7656.
The Complete Directory for People with Disabilities
Produced by: Program Development Associates. Price: $159.
Pages: 800. This guide provides information on organizations and
associations, a reference guide to over 800 assistive devices, information
on rehabilitation centers and job training programs, computer centers and
camps. It includes a fully annotated, descriptive bibliography. To order,
contact PDA at 800-543-2119.
Compliance 6 Poster
Produced by: National Legal Posters. Price: $19.95. This
18" x 24" poster includes the six federal notices including,
Fair Labor Standards Act, Family Medical Leave Act, Employee Polygraph
Protection Act, Occupational Safety & Health Administration,
anti-discrimination notice, and the Consolidated EEO Notice. To order,
contact NLP at 800-982-7040.
Creating and Maintaining an ADA-Accessible Law Office
Produced by: LRP Publications. Price: $24.50. Pages: 29.
This pamphlet offers guidance on removing barriers in law offices for
clients with disabilities. Examples include: making curb cuts in
sidewalks, installing flashing alarm lights, installing ramps and widening
doors, installing accessible door hardware, repositioning telephones and
shelves, and installing grab bars in toilet stalls. To order, contact LRP
Publications at 800-341-7874, ext. 347 v. or 215-658-0938 tty.
The Job Developer's Guide to the Americans with Disabilities Act
Produced by: TRN. Price: $29. Pages 102. This guide is
aimed at job developers, employment and rehabilitation counselors, job
coaches, transition coordinators and supported employment personnel. It
offers a detailed overview of the ADA employment provisions and reasonable
accommodation process as well as specific chapters on PR, marketing and
training. It also has six appendices on ADA-related information. To order,
contact TRN at 904-823-9800 or visit their web site at http://www.oldcity.com/trn.
Litigating ADA Claims: Forms Pleadings and Practical Guidance
Produced by: LRP Publications. Price: $83. Pages: 750.
This guide provides a comprehensive review of pleadings, complaints and
forms derived from actual cases. An overview of the ADA's three primary
titles and court interpretations of the law's key provisions are provided.
Includes disks and downloads of forms to be customized to individual
cases. To order, contact LRP Publications at 800-341-7874, ext. 347 v. or
215-658-0938 tty.
Pocket Guide to the ADA Accessibility Guidelines
Produced by: Evan Terry Associates. Price: $20. Pages:
138. This pocket guide contains the full text of the ADA
Accessibility Guidelines including the transportation section and recent
amendments in a compact version. The guide is spiral bound and is only
3.5" x 8.5". Quantity discounts are available. To order, contact
Evan Terry Associates at 205-972-9101 or visit their web site at
www.evantery.com.
Take Charge of Your Job Search
Produced by: TRN. Price: $20. Pages: 101. This
publication is designed to help unemployed job seekers develop lifelong
skills to find and get the job that is right for them. It offers samples
of written job-seeking tools and worksheets to prepare candidates for
employers' expectations. To order, contact TRN at 904-823-9800 or visit
their web site at www.oldcity.com/trn.
My Country
In a one-hour documentary entitled MY COUNTRY, James DePreist profiles
three people with disabilities whose lives have been shaped by the
struggle for equal rights. Airing on public television beginning in July
through American Program Service, MY COUNTRY will examine the civil rights
movement that has brought down barriers for over 49 million Americans. MY
COUNTRY is a production of Access Video and Ward & Associates funded
by the Department of Justice and presented to public television stations
by Maryland Public Television.
Three leading national associations for state and local governments - The National League of Cities (NLC), National Association of Counties (NACo), and the Council of State Governments (CSG), have joined in partnership to develop, implement and evaluate a comprehensive training program for public policymakers and coordinators involved with the Americans with Disabilities Act. The purpose of this project is to ensure greater voluntary compliance with the ADA among state and local government officials by equipping them with the information and skills they need to implement the ADA throughout their government entities.
NLC leads this three-year grant funded through January 1998, by the Department of Education's National Institute on Disability and Rehabilitation Research. The goal is to build each association's capacity to be an ADA training and technical assistance resource for state and local governments. Each association has designated a project staff liaison to handle training and technical assistance requests from their respective constituents. ADA Vantage, Inc., an ADA training and consulting firm, provides contract services to the partnership as part of the project. Training is targeted to state and local government ADA coordinators, local elected officials, senior department directors, staffs of state associations, and minority constituencies of both NLC and NACo. For more information on training, call NLC at 202-626-3126.
Source: ADA Update
1997 National Conference on Autism
Dates: July 8-12, 1997. Location: The Hilton at Walt Disney World Village, Orlando, Florida. Presented by: Autism Society of America. The 32nd Annual Autism Society of America (ASA) National Conference is expected to draw 2,000 parents and professionals from across the country. The ADA theme, "Discover the Magic Knowledge" reflects their dedication to providing information and education, supporting research, and advocating for programs and services for the autism population. For more information about the conference, call 715-366-4500.
Region V Independent Living Conference
Dates: October 19-20, 1997. Location: Hyatt Regency Oak Brook, Oak Brook, Illinois. Presented by: The Illinois Network of Centers for Independent Living. The Illinois Network of Centers for Independent Living is sponsoring the Region V Independent Living Conference, "25 Years of Independent Living: Keeping Advocacy Alive." The Great Lakes ADA Center (GLDBTAC) is co-sponsoring this event. Over 300 persons are expected to attend this conference which will provide several workshops options. For conference registration information, call Bonnie Vaughn at 618-457-3318 v or 618-529-2816 tty.
Illinois Accessibility Code ADA Amendments Adopted
For the past four years, members of the Access Committee of theIllinois Attorney General's Office worked diligently to mesh state and Federal ADA accessibility requirements into one easy-to-use document. This amended Code became effective on April 24, 1997. The intended result of this project was to ensure that by following this new Illinois Accessibility Code, users would also be meeting or exceeding the new construction standards set forth in the ADA Accessibility Guidelines. The Illinois Attorney General's Office and the Illinois Capital Development Board will be co-sponsoring training sessions on the amended Code in July and August on the following dates:
July 16 - Downtown Chicago, TBD
July 17 - Radisson, Alsip
July 23 - Clocktower Resort, Rockford
July 24 - Holiday Inn, Gurnee
July 30 - Plaza One, Moline
July 31 - Hotel Pere Marquette, Peoria
August 6 - Crowne Plaza, Springfield
August 7 - Gateway Center, Collinsville
August 13 - Holiday Inn, Mt. Vernon
August 14 - Chancellor Hotel, Champaign
August 20 - Holiday Inn, Elgin
August 21 - Lisle Hilton, Lisle
The registration fee for a seminar is $50. For more information or to register for a seminar, please call the Management Resource Specialists, Inc. at 217-793-5143.
Region V includes the states of Minnesota, Wisconsin, Michigan, Illinois, Indiana and Ohio. The Great Lakes Disability and Business Technical Assistance Center (GLDBTAC) serves these states providing information and technical assistance on the ADA to those affected by the law. Within each of these states, GLDBTAC has established a steering committee that is comprised of representatives from the business community, disability community and state/local government entities. These committees are funded by GLDBTAC to address local ADA needs.
Illinois
The Illinois State Steering Committee is co-sponsoring trainings around the state being conducted by the Illinois Attorney General's Office. These will address the changes made to the Illinois EBA to reflect conformance with the ADAAG. The committee is also in the process of reviewing the evaluation and transition plans of public schools throughout the state.
Indiana
The Indiana State Steering Committee has given out several mini-grants to several area groups to conduct ADA awareness activities. They are sending out press packets to heighten awareness of the seventh anniversary of the passage of the ADA. They will also be co-sponsoring an exhibit at the Black Expo in Indianapolis.
Michigan
The Michigan ADA State Steering Committee is focusing their attention on completing a needs assessment for the state of Michigan which should be completed by June. The main focus is to assess small businesses to identify their technical assistance and training needs. They will use the results of this to shape future efforts. They are also planning a training on the ADA and Unions and an update training for their ADA network.
Minnesota
In addition to educating small businesses on the ADA through its DOJ grant, the Minnesota State Steering Committee is working on a marketing plan to address the ADA needs of businesses in their state. They are working to expand their outreach to minority groups. They also funded Very Special Arts to conduct informational sessions with the statewide art associations regarding disability issues.
Ohio
ADA Ohio is focusing its efforts on training and exhibiting throughout the state of Ohio for professional groups, businesses, government agencies and disability groups. They have had the opportunity to address almost 1,000 employers in the past year on issues relating to the ADA. They are also working on establishing a database of lawyers throughout Ohio.
Wisconsin
The Wisconsin ADA Partnership is busy planning its ADA seventh anniversary event, "Building Today and Tomorrow through Wisconsin Partnerships." This will be held in Madison at the Monona Terrace Convention Center. Registration materials for this will be available in June.
Title I
Complaints about violations of Title I (employment) by units of state and local government or by private employers should be filed with the Equal Employment Opportunity Commission. Call 800-669-4000 (voice) or 800-669-6820 (TTY) to reach the field office in your area.
Titles II and III
Complaints about violations of Title II by units of state and local government or violations of Title III by public accommodations and commercial facilities should be filed with -
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
Post Office Box 66738
Washington, D.C. 20035-6738.