Under Executive Order on Diversity, Equity, Inclusion, and Accessibility (DEIA) in the Federal Workforce (14035), federal agencies must ensure that their workplaces are fully accessible to all employees, including those with disabilities. To file a complaint regarding accessibility at federal facilities please see Federal Access Complaint.
Read MoreIf a sorority or fraternity facility qualifies as a private club it does not have to comply with the ADA, FHA, Section 504, or DOE Title 34, except when/if the facility is open to the public.
Read MoreThe FACBC augments the ADA for the State of Florida accessibility requirements. The DOJ has certified the FACBC to be substantially equivalent to the ADA, and therefore enforceable. The FACBC can be waived back to the ADA by the Florida Building Commission.
Read MoreWhere passenger loading zones are provided, at least one accessible passenger loading zone is required in every continuous 100 linear feet of loading zone or fraction thereof. When facilities are renovated, PLZs at the facility should be included in the renovation for ADA compliance.
Read MoreThe U.S. Access Board (USAB) recently announced a direct final rule related to its standards for accessible medical diagnostic equipment (MDE) covered by Section 510 of the Rehabilitation Act. This direct final rule by the USAB extends the current rules for another 3 years. While these MDE rules are available to assist with accessibility for MDE, the rules are not yet part of the Americans with Disabilities Act (ADA), and are thus not enforceable.
Read MoreAll stair systems and ramps that exceed 6 inches in vertical change must have handrails on both sides, for most installations. Stair systems are one of the most dangerous installations in any facility. Handrails make stair systems safer. Ramps that change elevation by more than 6 inches are difficult for individuals who are disabled to use.
Read MoreEach part of a counter that has a separate and different function needs to have its own accessible portion of counter space. Where provided, at least one of each type of sales counter and service counter shall comply with 2010 ADA Standard 904.4. Where counters are dispersed throughout the building or facility, counters complying with 2010 ADA Standard 904.4 also shall be dispersed. For additional information please see Accessible Counters.
Read MoreWhat we have here is a toilet room that is described by signage as accessible; however, after an individual in a wheelchair enters this toilet room, the toilet stall is not accessible and the exit door is also not accessible. So this disabled individual is trapped inside a toilet room that they cannot use! This is an accessible toilet room done wrong.
Read MoreIt is common in ADA lawsuits to see complaints about the slope of accessible vehicle parking spaces. These are valid complaints and repairs are required. Raising the accessible parking to level the surface can be done with concrete and then smoothing the edge with the adjacent asphalt parking space.
Read MoreRecently the US Department of Justice filed a Statement of Interest (Statement) in the Doe v. Zucker lawsuit in the Northern District of New York. The Statement addresses a New York State regulation limiting admission of individuals with Serious Mental Illness into segregated settings called Adult Homes.
Read MoreIn most hotels in the United States that have more than one floor, there is a standpipe installation in the stairway that is part of the fire protection system. The problem is that many times these standpipe installations violate the ADA for protruding objects. One simple and inexpensive solution is to build out a framed drywall installation below the standpipe.
Read MoreThis is a good example of a non ADA compliant restaurant check in/check out counter. A portion of the counter at least 36 inches long should be no more than 36 inches above the finished floor.
Read MoreThis article shows an example of the ADA done right for an accessible exterior route. At least one accessible route shall be provided within the site from accessible parking spaces and accessible passenger loading zones; public streets and sidewalks; and public transportation stops to the accessible building or facility entrance they serve.
Read MoreEmployees who are required to work from the home may request, and their employer should consider, reasonable accommodations for a disability while working in their home.
Read MoreEEOC laws, including the Americans with Disabilities Act (ADA) and Rehabilitation Act, continue to apply during the time of the COVID-19 pandemic, but they do not interfere with or prevent employers from following the guidelines and suggestions made by the CDC or state/local public health authorities about steps employers should take regarding COVID-19.
Read MoreThe US Department of Justice (DOJ) has updated its “Common Questions About COVID and the Americans with Disabilities Act (ADA)” to address two COVID-era issues affecting people with disabilities. For the complete answers to these questions please click on DOJ Covid Questions and Answers.
Read MoreThe DOJ recently entered into a settlement agreement with AdventHealth-Gordon (Advent) under Title III of the Americans with Disabilities Act (ADA) to ensure effective communication for patients and companions who are deaf and hard of hearing. This lawsuit was avoidable if Advent would have taken a pro-active approach to ADA compliance.
Read MoreA resident at multi-family housing can request to have a van accessible parking space at a certain location, but that resident may have to pay for that installation themselves, if approved. A disabled multi-family housing resident has a right under the FHA to file a request for a reasonable accommodation in the form of a reserved parking space with their landlord, if needed because of their disability. The FHA Guidelines do not require nor specify the size of van-accessible access aisles.
Read MoreA non-positive shutoff valve feature is required when a detachable shower spray head is installed in a bathing room designed for use by individuals with disabilities. A non-positive shutoff within the detachable spray shower head allows for a small flow of clean/potable water through the detachable spray shower head even when the ON/OFF switch for the detachable head is in the OFF position. This flow of water prevents the backflow of brown water into the plumbing system.
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