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QIAT

ADA Frequently Asked Questions

Category: Title II: State & Local Governments

Question: #28

Are there any limitations on the program accessibility requirement for a State or Local Government?

Answer:

Yes. A public entity does not have to take any action that it can demonstrate would result in a fundamental alteration in the nature of its program or activity or in undue financial and administrative burdens. The head of the public entity or his or her designee can only make this determination. The determination that undue burdens would result must be based on all resources available for use in the program. If an action would result in such an alteration or such burdens, the public entity must take any other action that would not result in such an alteration or such burdens but would nevertheless ensure that individuals with disabilities receive the benefits and services of the program or activity.

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General

1. What is the Americans with Disabilities Act (ADA)?

2. How does the ADA define disability?

3. Is gender dysphoria considered a disability?

4. What is the difference between a service animal and an emotional support animal?

5. Do ADA covered entities have to allow people using other power-driven mobility devices like golf carts and Segways to go anywhere pedestrians are allowed to go?

6. If a person is experiencing discrimination due to drug or alcohol addiction, are they protected under the ADA from disability discrimination?

7. Does the ADA apply to non-U.S. citizens?

8. Who can park in an accessible parking space?

Title I: Employment

9. How does Title I of the ADA protect people from disability discrimination in employment?

10. What is a reasonable accommodation in employment?

11. Are there certain requests that are not considered reasonable?

12. What is an undue hardship?

13. How does an applicant or employee request a reasonable accommodation?

14. What is the interactive process?

15. May an employer ask an employee if a reasonable accommodation is needed when the employee has not requested one?

16. Is providing leave necessitated by an employee's disability a form of reasonable accommodation?

17. May an employer apply a "no-fault" leave policy, under which employees are automatically terminated after they have been on leave for a certain period of time, to an employee with a disability who needs additional leave?

18. When an employee requests leave as a reasonable accommodation; may an employer provide an accommodation that requires him/her to remain on the job instead?

19. Is a modified or part-time schedule a reasonable accommodation?

20. Is it a reasonable accommodation to modify a workplace policy because of an employee's disability?

21. Does an employer have to reassign to a vacant position an employee who can no longer perform his/her job because of a disability?

22. Does a reasonable accommodation include changing a person's supervisor?

23. Are there certain things that are not considered reasonable accommodations and are therefore not required?

24. May an employer tell other employees that someone is receiving a reasonable accommodation?

25. May an employer ask whether a reasonable accommodation is needed when an employee with a disability has not asked for one?

26. What is undue Hardship?

27. Does an employer have to provide a modified schedule as a reasonable accommodation when requested by an employee with cancer?
Similar to Question 16 in the FAQ

28. What can employees with disabilities do when they run out of leave and need additional time?

Title II: State & Local Governments

29. Does the ADA apply to State and Local Governments?

30. Are there any limitations on the program accessibility requirement for a State or Local Government?

31. Is a state or local government always required to modify its policies when requested by a person with a disability?

32. How does Title II affect participation in a State or Local Government's programs, activities, and services?

33. Does Title II cover a public entity's employment policies and practices?

34. How will the A D A 's requirements for State and Local Governments be enforced?

Title III: Places of Public Accommodations

35. What are public accommodations?

36. What kinds of auxiliary aids and services are required by the ADA to ensure effective communication with individuals with hearing or vision impairments?

37. Are there any limitations on the ADA's auxiliary aids requirements?

38. Are restaurants required to have brailled menus?

39. What are "reasonable modifications" in places of public accommodation?

40. Are stores required to provide personal shopping assistance?

41. Who is responsible for physical access in leased places of public accommodation?

42. Do places of public accommodation have to provide American Sign Language (ASL) interpreters?

Title IV: Telecommunications

43. My company's technical support clerks have been receiving many calls from an individual using Telecommunications Relay Services (TRS). These calls come from 1 individual who is deaf and the calls take a long time using the relay operator. Can I tell this individual that he is limited to 1 call a week and refuse his relay calls if there are more than one?

Title V: Miscellaneous Provisions

44. Is an individual only allowed to file complaints with a Federal agency or file a lawsuit in order to settle a issue regarding a violation of the ADA?

2010 ADA Accessibility Standards

45. Is there a minimum distance that accessible parking spaces need to be from accessible entrances?

46. Do accessibility standards apply to Electric Vehicle (EV) Charging Stations?

47. When making updates to a primary function area, like the dining area of a restaurant, does an entity also need to ADA or ABA Accessibility Standards make accessibility updates to the entrance, restrooms, and other inaccessible parts of the path of travel?

48. Which types of signs are required to include Braille?

Last Updated on:
Thu Nov 7, 2024