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General:
Q: I have been ruled “disabled” by the Social Security Administration. What rights do I have under the ADA?
A: The definition of disability under the ADA is a physical or mental impairment that substantially limits one or more major life activity. The Social Security uses a different definition of disability to determine your eligibility for benefits. Therefore, being ruled “disabled” by the Social Security Administration means you may or may not be protected under the ADA.
Q: Does the ADA cover private apartments and private homes?
A: The ADA does not cover strictly residential private apartments and homes. If, however, a place of public accommodation, such as doctor’s office or day care center, is located in a private residence, those portions of the residence used for that purpose are subject to the ADA’s requirements.
Source: The Americans with Disabilities Act Questions and Answers
Employment:
Q: Should I tell my employer that I have a disability?
A: If you think you will need a reasonable accommodation in order to participate in the application process or to perform essential job functions, you should inform the employer that an accommodation will be needed. Employers are required to provide reasonable accommodation only for the physical or mental limitations of a qualified individual with a disability of which they are aware. Generally, it is the responsibility of the employee to inform the employer than an accommodation is needed.
Source: Your Employment Rights as an Individual with a Disability
Q: How quickly should an employer respond to a request for reasonable accommodation?
A: An employer should respond quickly to a request for reasonable accommodation. However, there is not a guideline that specifies a certain amount of time required. Unnecessary delays can result in a violation of the ADA.
Source: Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act
Physical Accessibility:
Q: Should I be allowed to bring my service animal into places of public accommodation?
A: Service animals must be permitted to accompany the individual with a disability to all areas of the facility where customers are normally allowed to go. The ADA requires business owners to modify a “no pets” policy to allow the use of service animals by persons with disabilities. Documentation is generally not required as a condition for being accompanied by your service animal.
Source: Commonly Asked Questions About Service Animals in Places of Business
Q: Do all businesses need to have elevators?
A: Elevators are not required in places of public accommodation with less than three stories or less than 3000 square feet per floor, unless the building is a shopping center or mall, professional office of a health care provider, public transit station, or airport passenger terminal.
Source: Title III Technical Assistance Manual
Q: Who has obligations under Title III of the ADA?
A: Title III covers places of public accommodation, commercial facilities, and private entities that offer certain examinations and courses related to educational and occupational certification. Places of public accommodation include places of lodging, establishments serving food or drink, places of exhibition or entertainment, places of public gathering, sales or rental establishments, service establishments, public transportation stations, places for public display or collection, places of recreation, places of education, social service establishments, and places of exercise and recreation.
Source: Who Has Obligations Under Title III (Fact Sheet 1)
Program Access:
Q: Do all state and local government buildings need to be physically accessible?
A: No. Title II of the ADA requires that state and local governments make their programs accessible to people with disabilities, not necessarily each facility or part of a facility. Program accessibility may be achieved by a number of methods.
Source: Common Questions About Title II of the ADA
Effective Communication:
Q: Is a qualified interpreter always required?
A: Public accommodations and state and local governments are required to provide auxiliary aids and services that are necessary to ensure effective communication. An interpreter is a type of auxiliary aid or service. However, an interpreter is not always required for every type of communication. To determine if an interpreter is an appropriate auxiliary aid, determine the complexity and length of the communication.
Q: Should all businesses and state and local government agencies have a TTY available?
A: In order to ensure effective communication by telephone, public accommodations are required to provide TTYs in certain circumstances. In general, use of the telephone relay will suffice for providing effective communication.
Enforcement:
Q: How can I report an ADA violation to the ADA police?
A: There is not a police force that enforces the ADA. Because the ADA is a federal civil rights statute, it is complaint driven. In order to report potential discrimination, file a formal complaint with the appropriate enforcement agency.
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