My ADA rant

 ** These are MY opinions.  You are welcome to disagree with me. Please refrain from using slanderous or hate filled language** Accessible Text comment- Anything that says Click Here beyond this point is a link that will take you to more information about a specific topic.

Quarantine has been an interesting time for ADA- American's with Disabilities Act. 

So first of all what is the ADA.  The ADA or American's with Disabilities Act is a group of laws that protect individuals with mental and psychological disorders from discrimination in all public and private places that allow access to the general public. This is broken into 5 categories or Titles:

Title 1: Employment- This does not mean that an employer is required to hire me or retain me because I have a disability. It does mean that I have access to the line and they have to provide reasonable accommodations to allow me to do my job. In my case that means text to speech software, and accessible format documents.  For others it may be a standing desk, wearing headphones at work, a service animal, having a job coach sit with them in the interview or support the on-boarding process.

Title 2: State and Local Governments: This is the section that covers public transportation even if they don't receive federal funding, as well as he administrative processes to be followed, including requirements for self-evaluation and planning; requirements for making reasonable modifications to policies, practices, and procedures where necessary to avoid discrimination; architectural barriers to be identified; and the need for effective communication with people with hearing, vision and speech disabilities.

Title 3: Public Accommodations: Provides public and private entities that are new or renovated with a minimum set of accessible guidelines; including but not limited to, ramps, elevators, auditory and visual fire alarms, printed and tactile signage). For old buildings, attractions and locations, the law indicates that locations should make reasonable modifications if it easy to do without difficulty or expense. This is the area I find we are failing in tremendously. Think of how many places you go regularly that are inaccessible (a step, a narrow hall way, a tiny bathroom, no elevator, no braille signs, no railings). If you want to learn more about about ACCESSIBLE DESIGN Click Here 

 
Title 4: Telecommunications: This title requires telephone and Internet companies to provide a nationwide system of interstate and intrastate telecommunications relay services that allows individuals with hearing and speech disabilities to communicate over the telephone. This title also requires closed captioning of federally funded public service announcements. If you want to learn more about Title 4, please CLICK HERE, to watch a short video- CC provided.

Title 5: Misc:  A variety of provisions relating to the ADA as a whole, including its relationship to other laws, state immunity, its impact on insurance providers and benefits, prohibition against retaliation and coercion, illegal use of drugs, and attorney’s fees.  This title also provides a list of certain conditions that are not to be considered as disabilities

 

Okay before I get into my vent mode, know that I do benefit from ADA. I receive reasonable accommodations from my employer to engage in my work as a special education teacher.  The longer I do this work, the more of the supports I benefit from are becoming standard in technology: dictation, text-to-speech, prediction software, captions, accessible documents. These were all additional software needs a decade ago, now the majority of them came loaded on my work laptop. Though I was additionally provided a PDF reader this summer which is GREAT.  The ADA is a critical piece of legislation. 

 

Right now during a pandemic, people aren't referencing it or utilizing it appropriately, and I have a problem with that in 2 key areas.

1) If you are trying to get out of wearing a mask, by faking a disability, you should be ashamed of yourself. 

Private and public businesses don't have to let you in within out a mask on. According to the US Department of Justice "the ADA does not provide a blanket exemption for people with disabilities from complying with legitimate safety requirements necessary for safe operations"

Businesses/organizations are only required to provide an accessible option. That may not mean in the building. That may mean delivery, curbside pick up, take out. Those would be accommodations. 

Schools if it is unsafe for your child to attend for a full day, may provided limited services based on CDC guidelines (Currently 15 minutes within 6 feet for access), Staff may have to wear additional PPE, and online school may be provided as an option. - Some of those impact the provider, some of those impact the disabled person, but they are all reasonable accommodations.

2) Airplanes.  1st the ADA doesn't regulate discrimination of air travel.  So please don't use the ADA to back up your argument, it's not valid here. Airlines are regulated by the Air Carrier Access Act, you can read about it Click HERE. 2nd The Air Carrier Access Act (ACAA) allows airlines to prohibit passengers from traveling if they pose an adverse safety risk. - Considering carriers of Covid-19 may be asymptomatic, anyone refusing to comply with the airline policy poses and undue safety risk.  3rd Airlines are free to set their own policies about what they feel a safety risk is and guidance around mask wearing.  While most airlines in the US are requiring all parties over the age of 2 mask, some provide exceptions for medical reasons if the person wear a face shield, while others will not accept face shields as PPE on an airplane if not also accompanied by a mask. But this is not discrimination on the basis of disability, this is an effort to keep the general population safe. 

 

Hope you learned a little about ADA today 

Glad I have a space to vent

-C