HomeMy WebLinkAbout0135.092-
jan~aJ)' 30, 1992
The Honorabl~ City Council
Palo Alto, Calilornla
Americans with Disabilities Ad States Report
Members of the Council:
Report; in Bri~I
This is an irJonnarional report and does not require CounCIl action. Tbe purpose of this report
is to provide the City Council with background information about the Americans 'Wi.th Disabilities
Act (ADA), jts requirements, and initial steps for implementation.
Botkgroond
The Americans with Disabilities Act w", signed into law on Iuly 26, 1990 by Presideat Bush. Final
regulations were issued by the Equal Employment Opportunity Comrnissio~ the Department of
Ju.stice and other federal agendes on lui), 26, 1991. The ADA requirements became effectivO! for
state and local government operations on January 26. 1992. There are five titles of the ACT:
Title I -Employment -prolilbits discrimination in employment agairu;t a qualified individual with
a disability with respec[ to hiring and in the terms and conditions of employment.
Title n ~ Public Servlces -prohibits discrimination by a public entit), in providing public activities.
programs and services to a qualified individual with a di.sabilit)'. Th:"s title also requi.res that forms
of public transportation be made accessible to individuals with diSabilities.
TItle m -Public Accommodations and Services Operated by Private Entities -prohIbits private
entities from discriIrJnating against a qIlaHfied 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 'Orith disabilities, unless
it is structurally impracticable to do so, Architectural barriers must be removed in existing public
accommodations where remavaJ is readily achievabJe.
Title IV -T elecomrn unications -requires that common earn ers of in te rstate \rire or radio
communications provi,de technological accommodatioru for individuals "With hearing and speech
impairment'=.,
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Title V -Miscellaneous Provisions -contains various additil)l1,al provisions of the ADA. Inp.
provisLons include a prohibition from retaliation against -Of (:oerc-ing of an indi .. id;Jal wbo seeks to
enforce another's or thelr 0 ...... '1l rights under ADA Title V also ameods sections of the
Rehabilitation Act of 1973 to exciude current users of alcohol and drug abuse to be all-inclusive.
Titles I and II of the Act will have the most impact on the City, especially in thc area of
emplo)'nlent and the acces:;ibili!y of all government faciljtje~, services, and commuflications for
people with disabi.lities. Below is a summary of Titles 1 and It The summar), ts not intended to
be all-inclusivl!.
'TIlle] Employment -prohibits discrimination against qualified individuals with disabilities in job
application procedures, hiring, firing. advancement, rompensation. job training. and ot.1-jer terms,
conditions and privileges of employment. An indi .... 'idual .... -ith a disability is a person who:
has a pbysicaJ or mental impairment that substantially limit£ one or mure major life
activities;
has a record of such an tmpairmem; or
is regarded as having sucb an impairment.
A qualified employee or 3!,p!icant wilh a disability [s an individual who, v.ith or without reasonable
accommodation. can perfonn the essential functions of L~e job in question. Reasonable
accommodation may include, but is not limited to:
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. granting
unpaid leave;
acquiring or modifying equipment or devices, adjus.ting or modifying examinations,
training materials, or policies, and providing qualified readers or interpreters.
In all accommodation sii.uario!lS, i.'1di'r'iduatized determinations are going 10 be critical. A..i
accommodation that is made need not be the "best~ accommwatiort pt:hsible, so long as it is
Sllfficient to meet the jo1:>-related needs of the indi-.-iduaI being accommodated.
An emp!oyer is requi!ed to make an ac(:ornmoaation to th·! kno .... n disability of a qualified
applkant or employee, if it would Dot impose an "undue hardship" on the opcration of the
employers business. Undue hardship is. defined as an action requiring s.ignificant difficulty or
expense when considered in Ilght of factors such as an employer's size, financial res.ources and the
nature and structure of its operat.ion.
An employer is Dot require to lower quality or production standards to make an accommodation,
nor is an employer obligated to pro"ide personal use itenu. such as. glasses, hearing aids,
wheelcbairs or prosthetic limbs. However, such items might have to be provided if specifically
designed [0 meet job-related rather than personal needs.
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Title II Public Senrices . extends the promions of the ADA 10 state and local governments and
thdr agencies. Title IT prohibits the exclusion of individuals \N1th disab:lities fwm the benefits of
the services, pr.Jgramt; Of acthities of a public eotity, including those services, programs, or activities
provided by.a contractor. I! a150 prohibits discrimination against an indi .... idual IooVith a disability by
any public entity.
Accessibility to prcgrams, services or activities include'S not only the ability of the mobiH[y·impaired ~ ~
to access programs, bUl people ... i.th other dLsab~!itio;;<:" e.g. bearing and speech impaired, the blind,
etc. For example, the requirement to communkate in an equally effective manner may involve a
variety of auxiliary alds anj services including (lJ qualifi~d interpreters, note takers, transcription
services, wrinen materials, telephone han~set amplifiers, a. .. sistive listening devices., assistive
listening systems, telephones compatlble with hearing aids, closed caption decoders,
telecommunicatioru. devices for deaf persons, or other effective methods of making aurally
delivered materials available to individuals -with hearing impairmenL<;; (2) qualified readers, taped
texts, audio recordings, braiUed materials available to indiv1duals; (3) acquisition or modification
of equipment or do:vices; (4) other similar SeT\1CeS and actions.
Upon request,. the City Is requlred to furnish appropri:lte auxiliary aids and senice'i to people with
disabilities to participate, enjoy a service, program, or activity.
In addition, Title Jl requires that public transportation be made readily accessible and usable by
individuals with disabilities. Also, public entitie:s mus! provide paratransit public transportation for
persons with disabilities to supplement regular fixed-mute transportation systems.
New facilities u.sed in providing publk services must be made readily accessibIe to persons ·.lfith
disabilities. 44Jeas in such existing facUities that undergo alterations must also be made accessible
to persons with dis:abilities. "Facilities" means all or part of buildings, structures, sites. complexes.,
equipment, roads, walks, passageways, parking lots, garages, irldoor and outdoor, where human·
constructed elements have been added.
Steps ror __ Impl~.r:nentatiQn of ADA
The ADA is a comprehensive and fa:-·reaching piece of federal legislation t.~at y,ill ha\:e a
tremendous impact on local government operations and fadtities. Most aspects of the City's
programs,. 5er.n.ces and facilities wiH be affected by the ADA. In order to comply with the law and
related regulatiorL"io, the following steps for implementation of Lie ADA have been identified:
1. Designation of ADA Coordinator. The Director of I:r..iorrnatiorJ Re~ources, Dianah Neff, has
been assigned as the Disabilities Act Director to coordinate the implementation of the
requirement!! of the ADA She w{U coordinate the City'S ~6J)A efforts, oversee the i-mplementation
of the .ADA compliance program and investigate complaints. Each City department also bas.
designated a departmental coordinator. This group is knO'll>71 as the ADA Committee.
2. Conduct 3 Self-Evaluation of Programs and Services. A self-evaluaticn or the accessibility
to prograIru for disabled persons must be completed with~n one year, but no later than January 26,
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1993] and kept on me for a period of three years. Input must be invited f;om interested per:;orui,
the disabled and organizatioru which represent them. The ~ate of ADA enforcement is nut
delayed while the self-evaluation is being cOrJd~cted. The ADA Committee is developing a self4
evaluation form for all City deparunenUi to use in ass.essing the City's programs anc ":.I!'fvices. The
~elf·evaluatlon process ",ill begin tn April 1992, after departments. n'3ve been given tra\ning on bow
to complete the form. An opportunity for inte!ested indh~duals and groups to submit commen:s
as part of the self-evaluation process \lorill be conducted in late fall of 1992.
3. Develop a Transition Plan for Making Facilities Accessible. A traru.itlon plan must be wdtten
within six months of the effective date, whicb focuses on ruterations to facilities ... .c\.s a mlrJm1.!m,
the pIau should: (1) ideotify physical obstacles; (2) de5c-rlbe io dew,1 methods to make facilities
acce..'>5ib1e; {3) specify schedule for steps, and if over a year, identify steps per year; (4) indicate
responsible offidaL All structural changes shuuld be accomplished as soon as possible, but no
longer than three yea.'I"'5. If it takes longer than one year~ the Ci:y will be required to develcp an
annual plan. Nonstruct".lral changes are to be rr.a.de as soon. as. practicable. Statfis currently in the
proceS5 of evaluating the nonstructural changes.., such as signage. and implementing LlJe changes as
expeditiously as possible. A consultant W!ll be hired to assist staff with the transition plan upon
approval by CounciL The contract should be to Council for approval. in March 1992.
4. Adopt and Publish Grievance Procedure. The City is required to develop, adopt and puhlish
a grievance procedure; however, complainants are not lirrrited to the City's in·hou&e procedure and
are not required to use it. Complaints can al!;o be flied with any appropriate federal agenC'j, or
an agency that pro\~des funding iG local government agencies, or with the Department of Justice.
The ADA Committee has created a grievance policy 3..l,d procedure which is in the re\iew process.
The Disabilities Act Director is considering any request for accommodation on an [ndividual basis
untiJ the grievance is published. The grievance procedure should be published by IrJd·Februa..-y.
5. Post Notices of Rights. The City must post appropriate reg~ notices on the effective date of
ADA, January 26, 1992. d~s.cn'bing the applicable provisions of the ADA TI-,e notices of rights are
currently being prepared for di,<iotnbution by the Disabiiities Act D[rector and ADA Committee.
This information is being made available to any interested individual upon request The noticc:s
dCl.CTlOlng the rules governing -aondiscrimrna.tion, on the busts of a disabitity in serv~ces, programs,
or activities offered or provided by the Ci~y. and the protection against discrimination a:i.'.ured them
by the ADA will be published and posted by mid-Febru3!)'_
6. Establish a Resource Network. The Cit)' needs w establi~h a resource nern'ork \<,1th agencies,
associations, and organizations which work -.v:ith disab!ed per~ons. Such groups \I/ill be able to
provide technical a'isistance to the City in its implementation oUhe ADA compliance program and
investigation of comp1aints. To date, two groups have been identifled. the Disability Awareness
Task Force and the Accessibiiity Standards Ad,,;sory Board. Ine Grievance Procedure and Notice
of Rights wiU be distnouted to all ser.;ce orgar.izations tha.t assis:. the disabled and are listed in the
PAAfRS database in mid-Febru3!)',
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 des.cription existed before LfJe job
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was advertised or the applicant(employee was. interviewed for the job, considered for promotion,
or other job-related action was takeIL 1t is imponant that the essential job-re!at.ed functions be
defined. and all essential job-related functions should be contained in the job description.
Reasonable accornmod~tions aIso must be provided for "essential job-related functions.· The City
has 365 job descriptions that must be reviewed and rewritten where neces:sary. The Hwnan
Resources Department has reviewed their staffing requirements to complete this step. It has been
determined that a consultant will be necessary to assist the Huma."1 Resources Department if the
City is to meet the required deadline of July 26, 1992 and to assure that the technical/legal
requirements for the new job descriptions are mel
8. Re ... iew Pre-and P05t-Employme:Jt Medical I-::.xa.m.jnation.~. Traditional pre-emploY1i1ent
medical examinations are prohlbited under the ADA. Exam..inations can be adrrunistered only after
an offer of employment is made, and if all employees take the examination~ and the exams must
be restructured to comply with ADA The Human Resou:ces Departrn.::nt has begun to adhere to
this requirement and is in the pro.:ess of rewriting the necessary City policies a.~d procedures.
9_ Review Workers' Compensation Policies. Current employees returning to work from disability
leave may require a reasonable accommodatiofl_ Special isslJes arise where the return to work
involves workers' compensation; injured workers may become ~disabJed~ employe~s covered by the
ADA The Human Resources Department is currently reviewing the Workers' Compensation
policies and will work with the appropriate agencies to ensure compliance is implemented.
10. Training Ernployus on ADA Because of the complexity of the ADA. managers, s!Jperv:iso~
and front line employees 'niIl require special training. Managers and supervisors who conduct
employment inteMews wi!l require training in "disability etiquette", in order to properly interview
applkanls with disabilities so that ail feel oorr-.fortable. Because it is itlega! to make pre
employment inquiries into an appticant's disability, it is es.<>endal that supervL<;ors/interviewers be
trained not to ask pIOlnbited questions. Qualified applicants -with disabmties should have input
regarding possible accommodations on tbeir behalf. All employees who deal \\oith the public will
need sensitivity training on assisting the disabled to ensure that ail public service:; are offered in
the most integrated setting possible and are equal to, and as effective as, those prm·ided to nor..
disabled people. The Disabilities Act Director is working v.i.th the Human Resources Department
to set up appropriate training d~ses. It IS anticipated that training .... ·ill begin during the summer
of 1992.
11. Review and Sanitize Applications and Other City Forms. Th. aty's applications wiD have
to be r.evised, where necessary, to delete inquiries related to an applicant's physical or menta!
condition.. Any question which seeks lnion:nation about an applicant's physical or mental condition
prior to a job offer being made could result in liability. This step wl11 be induded v.ith the self
evaluation process and the Human Resources review of the City's employment procedures.
Figal Concerns. The financial impact of implementing the ADA on the City of Pajo Alto may be
significant. However, until the self-t"valuation process is. completed by an City departm.en~ it \\111
be difficult to make an ac..llrale estimate of the total cost of implementation. The Transition Plan
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that will iJemify what ':'leeds to be accomplished to make facilities accessible also will include'. cost
estimates to make necessary alterations to City facilitit!s.
Following the development or the Tra"si:;on Plan and completion of the self~evaluation., staff win
submit their recommendations to the City Council for consideration and action.
Until the Transition Plan and ~elf·evaluations are complete, the Disab]ities Act Director w:ill
consider requests for accommodations or modifications on an individual basis to d'eterntine a
reasonable solution. If tbe request cannot be resorved to the reque-slor's sati.'iofaction., the grievance
procedure will be used.
RespectfuUy submitted,
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