Programs
SECTION 504 ADA COMPLIANCE
The
Americans with Disabilities Act of 1990 as amended in 2008
prohibits
discrimination based on
disability, a "a physical or mental impairment
that substantially limits a major life activity." Examples
of "major life activities" include, but are not limited to,
"caring for oneself, performing manual tasks, seeing,
hearing, eating, sleeping, walking, standing, lifting,
bending, speaking, breathing, learning, reading,
concentrating, thinking, communicating, and working" as well
as the operation of several specified "major bodily
functions." Certain specific conditions are excluded as
disabilities, such as current substance abuse and visual
impairment which is correctable by prescription lenses.
Title I -
Employment
Title I
states that a covered entity
shall not discriminate against a
qualified individual with a disability.
Covered entity generally
refers to an employer engaged in interstate commerce and having 15 or more
workers. This applies to
job application procedures, hiring,
advancement and discharge of employees,
workers' compensation, job training, and
other terms, conditions, and privileges of employment. Discrimination may
include, among other things, limiting or classifying a job applicant or
employee in an adverse way, denying employment opportunities to people who
truly qualify, or not making reasonable accommodations to the known physical
or mental limitations of disabled employees, not advancing employees with
disabilities in the business, and/or not providing needed accommodations in
training. The City of San Antonio is requesting that all subrecipients of
CDBG and HOME funds complete
the self-evaluation questionnaire to help you meet your
obligations under ADA.
Title II -
Public Entities
Title II
prohibits disability discrimination by all public entities at the local (i.e.
school district, municipal, city, county) and state level. These regulations
cover access to all programs and services offered by the entity. Access
includes physical access described in the ADA Standards for Accessible
Design and programmatic access that might be obstructed by discriminatory
policies or procedures of the entity.
Title III -
Public Accommodations (and Commercial Facilities)
Title III
requires public accommodations to provide goods and services to people with
disabilities on an equal basis with the rest of the general public.
The regulations require that architectural and communication barriers
that are structural must be removed in public areas of existing facilities
when their removal is readily achievable - in other words easily
accomplished and able to be carried out without much difficulty or expense.
Public accommodations that must meet the barrier removal requirement
include a broad range of establishments (both for-profit and non-profit) -
primarily places that serve the public.
People who own, lease, lease out, or operate places of public
accommodation in existing buildings are responsible for complying with the
barrier removal requirement.
Under Title
III, all "new construction" (construction, modification or alterations)
after the effective date of the ADA (approximately July 1992) must be fully
compliant with the
Americans With Disabilities Act Accessibility Guidelines
("ADAAG") found in the
Code of Federal Regulations at 28 C.F.R.,
Part 36, Appendix "A."
The City of