The Arms of Justice Reach ADA

The Federal Government is committed to upholding the provisions of the Americans With Disabilities Act (ADA) through provisions governing Schedule A. Schedule A allows the disabled greater access to employment opportunities. The disabled may gain employment via two venues. They may be hired on a noncompetitive basis via the hiring authority of Schedule A or by competition within the protected class. The ADA was at conception enacted into public law format, but was later reorganized and published in the United States Code.

Attorney General Eric Holder signed the Department of Justice’s final revised ADA regulations, including ADA Standards for Accessible Design, on July 23, 2010. The official narrative was published in the Federal Register September 15, 2011 with corrections published in the Register on March 11, 2011. Regulations impacting Title II and Title III were effective until March 15, 2011, leveraging an opportunity to amend and or adjust regulations that fit the changing needs of the Act and those who depend on it to protect and guarantee their rights.

Title II outlines requirements for State and Local Governments while Title III outlines requirements for Places of Public Accommodation. The Department of Justice’s revised regulations focused on Service Animals, Exams and Courses, Ticketing, Effective Communication, Lodging, Wheelchairs and Other Mobility Devices, Detention and Correctional Facilities, and Standards for Accessible Design (parking).

ADA covers a number of accommodations and provisions to ensure opportunities for the disabled. There is seemingly no apparent issue about ADA on its face, proper and appropriate implementation remains the conundrum. One of the big pieces missing from the puzzle for ADA is the lack of a stiff penalty imposed on public entities and private businesses failing to provide annual mandatory training on guidelines governing ADA. I maintain that for the most part, enterprises are not deliberately trying to make things difficult for the disabled, they are simply unaware of the extent of the provisions and regulations that the ADA govern.

Enforcement of ADA regulations should begin before a lawsuit or a grievance is filed. The damage and the suffering to the disabled individual or individuals have in many cases already been done, further exasperated by engaging in a legal battle to secure rights that already exist. Human Resources Offices must advocate for training resources to equip their organizations with the tools necessary to support ADA. Knowing the rules and how to implement them consistently without bias save organization money in litigation costs and increase their commitment to equal opportunities in the workplace.

P. S. Always Remember to Share What You Know.