Showing posts with label reasonable accommodation. Show all posts
Showing posts with label reasonable accommodation. Show all posts

Monday, April 16, 2012

Reasonable Accommodation

 ADA LIFESTYLES
459 Saw Mill River Road, Ardsley NY 10502
914-231-6107 / ADALifestyles.com

The following information was provided by ADA.gov. 
 
Q. What is "reasonable accommodation?"

A.
 Reasonable accommodation is any modification or adjustment to a job or the work environment that will enable a qualified applicant or employee with a disability to participate in the application process or to perform essential job functions. Reasonable accommodation also includes adjustments to assure that a qualified individual with a disability has rights and privileges in employment equal to those of employees without disabilities.

Q. What are some of the accommodations applicants and employees may need?

A.
 Examples of reasonable accommodation include making existing facilities used by employees readily accessible to and usable by an individual with a disability; restructuring a job; modifying work schedules; acquiring or modifying equipment; providing qualified readers or interpreters; or appropriately modifying examinations, training, or other programs. Reasonable accommodation also may include reassigning a current employee to a vacant position for which the individual is qualified, if the person is unable to do the original job because of a disability even with an accommodation. However, there is no obligation to find a position for an applicant who is not qualified for the position sought. Employers are not required to lower quality or quantity standards as an accommodation; nor are they obligated to provide personal use items such as glasses or hearing aids.

The decision as to the appropriate accommodation must be based on the particular facts of each case. In selecting the particular type of reasonable accommodation to provide, the principal test is that o effectiveness, i.e., whether the accommodation will provide an opportunity for a person with a disability to achieve the same level of performance and to enjoy benefits equal to those of an average, similarly situated person without a disability. However, the accommodation does not have to ensure equal results or provide exactly the same benefits.

Q. When is an employer required to make a reasonable accommodation?

A. An employer is only required to accommodate a "known" disability of a qualified applicant or employee. The requirement generally will be triggered by a request from an individual with a disability, who frequently will be able to suggest an appropriate accommodation. Accommodations must be made on an individual basis, because the nature and extent of a disabling condition and the requirements of a job will vary in each case. If the individual does not request an accommodation, the employer is not obligated to provide one except where an individual's known disability impairs his/her ability to know of, or effectively communicate a need for, an accommodation that is obvious to the employer. If a person with a disability requests, but cannot suggest, an appropriate accommodation, the employer and the individual should work together to identify one. There are also many public and private resources that can provide assistance without cost.

Q. Must an employer modify existing facilities to make them accessible?

A.
 The employer's obligation under title I is to provide access for an individual applicant to participate in the job application process, and for an individual employee with a disability to perform the essential functions of his/her job, including access to a building, to the work site, to needed equipment, and to all facilities used by employees. For example, if an employee lounge is located in a place inaccessible to an employee using a wheelchair, the lounge might be modified or relocated, or comparable facilities might be provided in a location that would enable the individual to take a break with co-workers. The employer must provide such access unless it would cause an undue hardship.

Under title I, an employer s not required to make its existing facilities accessible until a particular applicant or employee with a particular disability needs an accommodation, and then the modifications should meet that individual's work needs. However, employers should consider initiating changes that will provide general accessibility, particularly for job applicants, since it is likely that people with disabilities will be applying for jobs. The employer does not have to make changes to provide access in places or facilities that will not be used by that individual for employment-related activities or benefits.

Contact ADA Lifestyles to help accommodate each and every one of yours and/or your employees needs. For more information, visit ADALifestyles.com. 

Tuesday, April 3, 2012

New ADA Guidelines Promotes Access to Pools & Beaches!


ADA LIFESTYLES
459 Saw Mill River Road, Ardsley NY 10502
914-231-6107 / ADALifestyles.com

New guidelines for construction under the Americans with Disabilities Act (ADA) became effective March 15, 2012. Many hoteliers are still confused about what this means for their pools. This new law would require more than 50,000 hotels and any other “public” pools in the United States to instill a type of lift to assist persons with disabilities.

 These changes are also applicable to hot tubs or whirlpools of the facility has one. These regulations apply to parks, condominiums and community pools that provide services to the public. Pool lifts can cost anywhere from $3,000 to $6,000, according to a recent USA Today article. Any new pools being constructed in hotels or public places are automatically being built with these changes included. 

Some hotels who are unhappy about applying these changes have threatened to close their pools if the Department of Justice (DOJ) cannot clarify the unanswered questions regarding the type of lift, installation requirements, and alternative access methods such as ramps. 

To read the full article about the New ADA Guidelines published by StarNews, click HERE. 

Friday, March 30, 2012

Accommodating People & Students with Disabilities on Campus: The University of Kansas


ADA LIFESTYLES
459 Saw Mill River Road, Ardsley NY 10502
914-231-6107 / ADALifestyles.com
 
The University of Kansas recently created a new position on their campus to better accommodate people with disabilities. Jamie Simpson took on her new position as the director of Accessibility and ADA (Americans with Disabilities Act) Education this past week. 

photoThe position will entail coordinating campus-wide activities to promote the ADA and help spread awareness. She will also help professors to better accommodate students with disabilities on a more personal level by suggesting different ways to work with each student based on their disability. She will be able to give the professors strategies and techniques to help the individual with the disability have the best education as possible. 

The program and position was created to provide students with disabilities equal opportunity and equal access on campus. Many people think that students with disabilities are given more help and assistance then necessary but that isn’t the case. What many people don’t understand is that the accommodations made are to make the playing ground equal, not to make things easier in general. 

Most people are unaware of how many people have disabilities because many of them are non-obvious. Of the 700 registered students, about 85% of them have non-obvious disabilities. These include learning disabilities, attention deficit hyperactivity disorder (ADHD), psychiatric, health or medical issues. The other 15% of students with disabilities are classified under have mobile disabilities.

Monday, March 12, 2012

National Developmental Disabilities Awareness Month

 ADA LIFESTYLES
459 Saw Mill River Road, Ardsley NY 10502
914-231-6107 / ADALifestyles.com

March is National Developmental Disabilities Awareness Month- an entire month when Americans are asked to pay greater attention to both the needs and potential of people with developmental disabilities. 

ADA Universal Design “It is wonderful that Americans are asked to raise their awareness of the needs and accomplishments of people with disabilities during the month of March,” said Sid Blanchard, executive director of Community Access Unlimited. “Yet for our members, Developmental Disabilities Awareness Month is a month-long celebration of what they achieve 12 months a year,” (NJ.com).

In declaring March Developmental Disabilities Awareness Month in 1987, President Reagan encouraged all Americans to offer their fellow citizens with disabilities both encouragement and opportunities to achieve their full potential (NJ.com). 

At ADA Lifestyles, that’s exactly what we do! We offer those with developmental disabilities an opportunity to live freely and independently within their own home and workplace by providing design and building solutions with full accessibility and functionality. 

Developmental Disabilities Awareness Month offers an opportunity to “focus on the challenges and achievements of people with disabilities,” said Blanchard. All year round, ADA Lifestyles is focusing not only on the challenges, but on the solutions to those challenges to increase the quality of life for those facing difficulties. 

For more information, visit ADA Lifestyles of New York’s Facebook page, linked HERE.

Monday, March 5, 2012

New Construction & Public Accommodations

ADA LIFESTYLES
459 Saw Mill River Road, Ardsley NY 10502
914-231-6107 / ADALifestyles.com

ADA Lifestyles provides commercial, residential and hospitality architectural services from conception through completion of your custom project. Our services go beyond lines on paper. We rely heavily on universal design, illustrating the idea that all residential environments and products should be easily used and accessible by all members of the family. 

Contact ADA Lifestyles if you are in need of building modifications to comply with ADA standards. Here are a few frequently asked questions and their answers, provided by ADA.gov.  

Q. What does title II require for new construction and alterations?

A.
 The ADA requires that all new buildings constructed by a State or local government be accessible. In addition, when a State or local government undertakes alterations to a building, it must make the altered portions accessible.


Q. How will a State or local government know that a new building is accessible?

A. A State or local government will be in compliance with the ADA for new construction and alterations if it follows either of two accessibility standards. It can choose either the Uniform Federal Accessibility Standards or the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities, which is the standard that must be used for public accommodations and commercial facilities under title III of the ADA. If the State or local government chooses the ADA Accessibility Guidelines, it is not entitled to the elevator exemption (which permits certain private buildings under three stories or under 3,000 square feet per floor to be constructed without an elevator).

Q. What are public accommodations?

A.
 A public accommodation is a private entity that owns, operates, leases, or leases to, a place of public accommodation. Places of public accommodation include a wide range of entities, such as restaurants, hotels, theaters, doctors' offices, pharmacies, retail stores, museums, libraries, parks, private schools, and day care centers. Private clubs and religious organizations are exempt from the ADA's title III requirements for public accommodations.

Q. What does the ADA require in new construction?

A.
 The ADA requires that all new construction of places of public accommodation, as well as of "commercial facilities" such as office buildings, be accessible. Elevators are generally not required in facilities under three stories or with fewer than 3,000 square feet per floor, unless the building is a shopping center or mall; the professional office of a health care provider; a terminal, depot, or other public transit station; or an airport passenger terminal.