Americans with Disabilities Act
This publication is a summary of CII Special Publication 50-1, Americans with Disabilities Act: Key Issues for the Design and Construction Industry, which was produced by the CII ADA Impact Task Force. Special Publication 50-1 contains general reference information on ADA, specific information on industry concerns including alternative industry approaches toward those concerns, compliance flow charts for each major title of ADA, and a reference list, all in a format that can easily be utilized as a training tool or quickly understood by senior executives. Readers should use Special Publication 50-1 for further information and as a guide for implementation.
The Americans with Disabilities Act represents landmark antidiscriminatory legislation on behalf of the disabled community. Previous civil rights legislation protects individuals from discrimination based on race, color, national origin, age, sex, and religion. In a similar manner, ADA gives civil rights protection to individuals with disabilities. ADA will open the workplace to an expanded work force and make facilities more universally accessible to the entire population.
Of the 43 million Americans with disabilities, two-thirds are not working. Many of these are willing and able to work given the opportunity. These individuals have disabilities ranging from hearing or mobility impairments to alcoholism. ADA requires that a good faith effort be made to comply with its intent. It is a law that encourages employers and employees to communicate with one another to mutually develop accommodations. Greater public awareness and more training are required to bring about ADA compliance.
Facility owners and members of the design and construction industry have become concerned about the potentially far-reaching implications of the law. Until awareness of the law increases and legal precedent is established, facility owners and employers are at increased risk of litigation or may compromise design (and incur increased costs) to respond to ADA issues. This CII summary publication is intended as an overview of ADA.
Title I: Employment – This Title addresses employers to give qualified individuals with disabilities the same consideration for employment that individuals without are given. However, employers are not required to endure an undue hardship due to an accommodation or to pose a direct threat to the health and safety of the individual, co-workers, or the public.
Title II: Public Services and Transportation – This Title addresses public entities to operate each service, program or activity such that, when viewed in its entirety, it is readily accessible and usable by individuals with disabilities.
Title III: Public Accommodations/Commercial Facilities – This Title addresses accessibility to goods and services within places of public accommodation and new or altered commercial facilities equal to or similar to that available to the general public.
Title IV: Telecommunications – This Title contains specific requirements for any transmittal by wire or radio.
Title V: Miscellaneous Provisions – This Title contains various requirements and includes provisions for mediation claims, no-retaliation towards those asserting their rights under ADA, specifically allows drug testing, and provides for attorney fees.
