The ADA and Accommodations

How does the ADA affect public accommodations?

Title III of the ADA requires all public accommodations to be accessible to persons with disabilities. Public accommodations include, but are not limited to, places of lodging; restaurants and bars; gathering places such as auditoriums, movie theaters, and convention centers; service establishments such as laundromats, banks, and offices of doctors, lawyers and other professionals; retail sales establishments such as bakeries, groceries, clothing stores, etc.; and education facilities such as nursery schools and private schools. Office buildings are also covered.

The ADA states that architectural and communications barriers in existing facilities must be removed if removal is "readily achievable." There is not a specific definition of readily achievable. However, the term takes into account the nature and cost of the accommodation, the size and financial resources of the public accommodation, and the type of entity. If removing the barrier is not readily achievable, then the goods, services or activities must be made available through alternative methods. Both landlords and tenants are responsible for making modifications.

Builders of new public accommodations and office buildings designed for first occupancy after January 1993 must comply with detailed design and construction requirements found in Title III of the ADA. Renovations must also comply with these architectural guidelines.

The law also requires an organization's services, activities and programs to be accessible to people with disabilities. This means that conferences and meetings must be designed with the needs of people with disabilities in mind. Materials may have to be provided in alternative formats such as Braille, large print or on cassette tape. Videos should be captioned. Sign language interpreters need to be available for hearing impaired members.

Putting the law into practice: Making AFSCME accessible to members with disabilities

Whenever AFSCME schedules a meeting, conference, or any type of event, it becomes a public accommodation. The ADA requires that all AFSCME services, programs and activities be accessible to members with disabilities. This also means that if AFSCME is holding an event for family members, it must ensure that all friends and relatives have access to all activities.

AFSCME affiliates' first concern should be that offices are accessible and a person with a disability can get through the front door. Since the ADA does not assign responsibility for renovations, AFSCME affiliates should ensure that leases and contracts spell out who is responsible. In general, a landlord who leases space to AFSCME would probably be responsible for shared space, such as entrances and parking lots. Renovations within a particular AFSCME office would be the affiliate's responsibility.

Even before the ADA, many AFSCME councils and locals across the nation enhanced the lives of their members with disabilities by:

• installing special telecommunications devices for the deaf (TDDs) in the local office;
  
  
• providing signers at meetings and conferences;
  
  
• putting newspapers and magazines on tape for the visually impaired;
  
  
• holding conferences on issues of special interest to members with disabilities; and/or
  
  
• providing vibrating beepers and installing flashing lights for telephones and alarms for the hearing impaired.
  
  

The following checklist can be used to make sure that "places of public accommodation," including AFSCME offices and meeting facilities, are accessible to people with disabilities. Barriers are not only architectural in nature. They may also be psychological and establish an atmosphere that is unwelcoming.

Therefore, this list includes not only architectural features that will enhance accessibility, but also ideas to encourage participation by people with disabilities. All members should be able to look forward to union activities rather than dreading the inconvenience. Though this list is not all inclusive, it is a good place to start.

Is parking adequate?

• Sufficient number of spaces?
  
  
• 12 feet wide?
  
  
• Close to accessible entrance?
  
  
• Stable (asphalt/concrete) surface?
  
  

Doorways accessible?

• Primary entrance at ground level?
  
  
• 32 inch wide clearance?
  
  
• 81 inch high clearance?
  
  
• Doorways easily opened?
  
  
• Automated (electric) doors?
  
  
• Lever (not round) doorknobs?
  
  

Halls accessible?

• Room entry thresholds level?
  
  
• Ramps available? (1 foot rise/12 feet distance)
  
  
• Ramps wide enough? (36 inches)
  
  
• Handrails available? (36-38 inches above floor)
  
  
• Non-slip floor surfaces?
  
  

Elevators accessible?

• Visual and audio signals?
  
  
• Braille/raised numbers on panels?
  
  
• Cabs large enough for wheelchairs?
  
  

Restrooms accessible?

• Doors wide enough?
  
  
• Stalls adequate? (35 inches wide/60 inches deep)
  
  
• Grab bars available in stalls?
  
  
• Sinks and cut-aways?
  
  
• Soap and towel dispensers adequate? (40 inches above floor)
  
  

Warning systems adequate?

• Both audible and visible alarms?
  
  

Are other conveniences available?

• Pay telephones at adequate height?
  
  
• Telephones have amplifiers?
  
  
• Lowered water fountain(s)? (Spout height = 36 inches)
  
  
• Water fountain controls on front?
  
  
• Desks with appropriate knee space? (29 inches high/30 inches wide)
  
  
• Desktops at adequate height? (34 inches above floor)
  
  
• File cabinets and shelves accessible?
  
  

Can every AFSCME member communicate with the union?

Under Title IV of the ADA, a national relay system connecting regular telephones with TDDs (Telecommunications Devices for the Deaf) went into effect in 1993. However, there is no privacy when members and AFSCME staff must converse through an operator. AFSCME affiliate offices that serve hearing or speech impaired members on a regular basis should purchase a TDD. Fax machines can also be useful.

Are conferences and meetings planned with the needs of members with disibilities in mind?

A good rule of thumb to keep in mind is: whatever one member is offered, everyone must be offered. This includes access, food, transportation and materials. Every meeting announcement should include a statement such as the following:

"Please let us know if any special accommodations are necessary for members with disabilities."

Appendix C is a sample accommodation form that is appropriate for larger conferences and meetings. Hosts are required to provide accommodations only insofar as they are warned about them. Therefore, an AFSCME local is not required to have sign language interpreters at all events, just those events where an attendee has notified the local in advance. By putting such a notice on every meeting announcement, it becomes the responsibility of the person coming to the meeting to inform the union.

Whenever AFSCME schedules a meeting or conference at a hotel, restaurant or public facility, it is jointly responsible with the facility for ensuring that the meeting is accessible. If there is sufficient time, secure a written agreement from the public accommodation stating that the facility will be accessible. Otherwise, AFSCME is responsible for paying for any physical modifications or could be held liable.

When planning a meeting or conference, AFSCME members should be concerned with three primary areas of accessibility: meeting accommodations including hotels and restaurants, conference materials and transportation.

Meetings and conferences

In general, meetings should be scheduled in quiet facilities without loud noises (from airplanes, trains and cars). Rooms should not have noisy fans running during meetings. If hearing impaired members are attending, assistive listening systems or signers should be provided. Ensure that rooms permit a clear line of vision for those with hearing impairments and have carpets with good acoustic qualities. Space for wheelchairs should be integrated into the room so wheelchair users are not segregated. Microphones should be accessible and flexible. If an AFSCME leader or staff person invites members or potential members to a restaurant, he or she should confirm that it is accessible. If members require overnight accommodations, ensure that hotels are accessible.

Conference materials

AFSCME is required to provide materials in alternative formats such as Braille or cassettes, upon request.

Transportation

If AFSCME provides transportation to any event, it must include transportation for wheelchair users if so requested. If necessary, special arrangements should be made to transport people with disabilities to meetings in buses and vans.

What about other amenities?

Union newspapers, contracts and other materials should be available in alternative formats for the visually impaired. Videos should be captioned for the hearing impaired. The local should also ensure that HMOs, dental offices and other union services are accessible.

Finally, remember that in order to properly service AFSCME members with disabilities, union staff should be aware and sensitive of their needs. The only way to find out what employees with disabilities need is to ask questions.