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AMERICANS WITH DISABILITIES ACT (ADA)
Commentary
The American with Disabilities Act (ADA) was signed into law on July 26, 1990. The ADA is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs. The purpose of the law is to make sure that people with disabilities have the same rights and opportunities as everyone else. The ADA gives civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. The ADA is enforced by the Equal Employment Opportunity Commission (EEOC).
The ADA is divided into five titles:
Note: Although portions of the ADA may not apply to private businesses such as recovery agencies we have included all five titles to assist you in formulating your company operational policies. We have also highlighted those portions of the ADA that may apply to you as a Recovery Agency owner.
1. Employment (Title I): Title 1 requires covered employees to provide reasonable accommodations for applicants and employees with disabilities and prohibits discrimination on the basis of disability in all aspects of employment. Reasonable accommodations include, for example, restructuring jobs, making work-sites and workstations accessible, modifying schedules, providing services such as interpreters, and modifying equipment and policies.
2. Public Services (Title II): Under Title II, public services cannot be denied to people with disabilities or deny participation in programs or activities that are available to people without disabilities.
3. Public Accommodations (Title III): Public accommodations include facilities such as restaurants, hotels, grocery stores, retail stores, etc., as well as privately owned transportation facilities. Title III also requires that all new construction and modifications must be accessible to individuals with disabilities. For existing facilities, barriers to services must be removed if readily achievable. We recommend that your office facilities be ADA accessible to consumers redeeming personal property and collateral and for vendors offering services, etc.
4. Telecommunications (Title IV): Telecommunications companies offering telephone service to the general public must have telephone relay service to individuals who use telecommunications devices for the deaf (TTYs) or similar devices. In order to comply with the ADA, recovery agencies should address Telecommunications Relay Service (TRS), also known as Operator Relay Calls. TRS enables persons with hearing or speech disabilities to place and receive telephone calls.
5. Miscellaneous (Title V): This Title includes a provision prohibiting either (a) coercing or threatening or (b) retaliating against individuals with disabilities or those attempting to aid people with disabilities in asserting their rights under the ADA.
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