ADA Sensitivity and Transit Policies for Persons with Disabilities July 25, 26 and 27, 2017 Introductions Kristy Ruiz City of Phoenix Public Transit Department ADA Coordinator Peter Fischer City of Phoenix Equal Opportunity Department City-wide ADA Coordinator
What do you hope to learn today? 2 Session Goal Improve customer service through improved awareness of human disabilities and increase levels of comfort in working with diverse groups of people.
3 Session Objectives Review ADA law. Develop appropriate accessibility language within the workplace and with the public. Build appropriate skills to interact with people with disabilities. Understand Federal Transit Administration Policies related to serving customers with disabilities. 4 Knowledge Check
How many of you work with someone who has a disability? How many of you know someone who has a disability? How many have a disability now or may have at some point in life? 5 Knowledge Check If you live to the age of 70, the chance of you having a disability is: A. 12% B. 28% C. 55% D. 82%
6 Definition of Disability A physical or mental impairment that substantially limits a major life activity A record of such an impairment Being regarded as having such an impairment 7 7 Americans with Disabilities Act
8 ABCs of the ADA Americans with Disabilities Act Enacted in 1990 Amended in 2010 ADA is a wide-ranging civil rights law that prohibits discrimination based on disability. 9 Local Government and the
ADA Focus of todays training ADA requires that we provide Equal access to Programs Facilities Activities Services 10 Five Titles of the ADA Title 1. Employment Prohibits disability discrimination in all employment processes.
Title 2. Accessibility in public entities Physical and program access in State/local governments. Title 3. Accessibility in businesses Physical and program access in restaurants, hotels, stores, places of business, and transit facilities. 11 Five Titles of the ADA Title 4. Telecommunications Ensures accessibility to public telephone and communications systems. Title 5. Miscellaneous
12 Title II of the ADA The Americans with Disabilities Act, Title II, states that no otherwise qualified disabled individual shall, solely by reason of such disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination in programs, services or activities sponsored by a public entity. 13 Title III of the ADA Prohibits discrimination on the
basis of disability in public accommodations, which includes transportation facilities. Places of public accommodation and commercial facilities to be designed, constructed, and altered in compliance with accessibility standards. 14 Five (5) Criteria of Discrimination 1. Was there a denial of benefits or services? 2. Did we provide a different service or a service in a different way than we
provided it to others? 3. Did we segregate or separately treat individuals? 4. Was there direct discrimination? 5. Did the customer specifically mention that they were discriminated against? 15 Avoiding Discrimination and Harassment USE COMMON SENSE BE INCLUSIVE ENSURE ACCESSIBILITY MAKE ACCOMMODATIONS PROTECT RIGHTS
16 Protection of Rights DO relax and make people feel comfortable. DO provide reasonable accommodations. DO learn where to find and recruit people with disabilities. 17 City of Sacramento, CA (2011). Do and Donts Protection of Rights DO learn how to communicate with
people who have disabilities. DO ensure that your publications, meeting agendas, etc. are in formats that are accessible to all persons with disabilities. 18 City of Sacramento, CA (2011). Do and Donts Protection of Rights DO understand that access includes not only environmental access but also making forms accessible to people with visual or cognitive disabilities and making alarms and signals accessible to people with hearing
disabilities. DO develop procedures for maintaining and protecting confidential medical records. DO train supervisors on making reasonable accommodations for employees and patrons. 19 City of Sacramento, CA (2011). Do and Donts Protection of Rights DONT ask if a person has a disability. DONT assume that you must provide every accommodation to a person with a disability. DONT speculate or try to imagine how you would perform a specific job, task,
or activity if you had the persons disability. 20 City of Sacramento, CA (2011). Do and Donts Protection of Rights DONT assume that your workplace, and facility is accessible. DONT make medical judgments. DONT assume that a person with a disability cant do a job, task, or activity due to apparent or non-apparent disabilities. DONT assume that reasonable accommodations are expensive.
21 City of Sacramento, CA (2011). Do and Donts Key Elements to Inclusion Universal Precautions Treating all people with sensitivity, patience, and respect Inclusiveness is a priority Burton Blatt Institute, Syracuse University (2010). What is an Inclusive 22 Key Elements to Inclusion Thinking universally with Universal Design
Strive to only develop those things that will meet the needs of the largest number of people Burton Blatt Institute, Syracuse University (2010). What is an Inclusive 23 Disability Facts People with disabilities are Americas largest minority group, making up 20% of the population. Thats about 56.7 million people It is the only minority group that you can become part of at
2010 U.S. Census data.24 Disability Facts Arthritis 46 million 67 million 2030 Bipolar 4.5 A "Those" DH Ba 5.7 million U.S. m
ck illi D Co People 75% nditio on/U.S . n C er e 80 bral 0, P 00 als 0 y
Injury Hearing n i a r B Loss 21 y r e 2 v 8 million
E s d n o Sec ually n n a illion m 7 . 1
es Epilepsy Diabet n illio 3 million 23.6 m aware n un o 200,000 new per yr. i l l i m r yr.
e p 5.7 w n ne 42 million worldwide o i l l i m 1.6 Wheelchair Users ric
sychiat P 1.7 million Vision Loss in 4) 1 ( % 26.2 10 million illion m 7 . 7
5 40 million worldwide 25 Types of Disabilities "It was ability that mattered, not disability, which is a word I'm not crazy about using. - Marlee Matlin 26 Variations in Disability
Types Adult Onset Childhood Onset 27 Variations in Disability Types Visible Invisible 28 Variations in Disability
- Shirley Devol VanLieu 42 The Misconceptions People with disabilities are often viewed as:
Victims or objects of pity Horrible or grotesque Burdens Evil, some threat to comfort and safety of others Unable to do things Having multiple disabilities Childlike Special 43 Words matter
Handicapped or Disabled? Wheelchair Bound or Wheelchair User? Midget or Dwarf or...? Deaf or Hearing Impaired? Blind or Visually Impaired? Crazy, Nuts, or Mental Illness? 44 Guarding Your Words Put the person first Disability does not define the person. Use person with a disability instead of disabled person.
Avoid outdated terms Examples: handicapped, crippled, invalid, afflicted with, and suffers from 45 Guarding Your Words Avoid negative, disempowering terms. Examples: victim, sufferer Avoid Normal or Healthy Denotes abnormality or illness People with disabilities do not always agree on what is politically correct
language. 46 Beyond Language in Disability Etiquette Refer to the individual first, then to his or her disability when it is relevant and appropriate. Say "person with a disability" rather than "disabled person" or use the following formula: Name or Title of Person + Verb + Disability Assistive Device or
Professor Jones + has + Rheumatoid Arthritis. Mrs. Cassidy + utilizes
+ crutches. 47 How to Replace the UNacceptable Language Do not refer to a persons disability unless it is relevant to the conversation. Use the word "disability" rather than "handicap" to refer to a persons disability. Never use "cripple/crippled" in any reference to a disability. Avoid referring to people with disabilities as "the disabled, the blind, the epileptics, the retarded." Descriptive terms should be used as
adjectives, not as nouns. Avoid negative or sensational descriptions of a persons disability. Dont say "suffers from, a victim of, or afflicted with." These portrayals elicit unwanted sympathy, or worse, pity toward individuals with disabilities. Respect and acceptance is what people with disabilities prefer. Dont use "normal" or "able-bodied" to describe people who do not have disabilities. It is better to say "people without disabilities," if necessary to make comparisons. 48 Beyond Language in Disability Etiquette Three Primary Principles: Who People with Disabilities REALLY are
1. They are NOT their disabilities. 2. They treasure their independence. 3. They are the experts. 49 Modern Disability. (2011). Disability etiquette So everyone can relax and get the Basic Etiquette Speak directly to the person. It is appropriate to offer to shake hands. OFFER assistance; dont just give it. If accepted, listen or ask for instructions. Treat adults as adults. Relax, and stay calm.
Dont apologize if you happen to use accepted, common expressions that seem to relate to a persons disability. 50 Basic Etiquette Dont be afraid to ask questions when you are unsure what to do. Service dogs are working tools. Do not pet, feed, or distract them while they are working. Ask their person before making any contact with the dog. Dont make assumptions. Know where accessible restrooms, drinking fountains, and telephones are located within your work area.
51 Etiquette 101: Physical Disabilities A wheelchair is part of a persons body space - dont lean on it. Pushing the chair is a skill. Sit at eye level for notable chats. Offer help, but make sure it is provided in an unassuming manner. Follow through on whatever needs to be done. Keep paths clear in buildings and outside. Dont use the accessible (wide)
bathroom stalls if you dont need to. 52 Etiquette 101: Blindness or Low Vision Always identify yourself and others with you. Never touch or grab a cane - or the person. In order to gain their attention, you may touch the person lightly on the arm as you speak. Dont assume your help is wanted or needed, rather ask if they would like your help. Offer your arm, elbow, or shoulder if assistance is needed. Give them information - Im offering you my arm.
When moving, describe what is on their path ahead. Let them know when you are leaving the room. Face them when you speak. 53 Etiquette 101: Blindness or Low Vision Immediately greet them when they enter a room. When greeting, feel free to shake his or her hand after saying, How do you do? Let me
shake your hand. Address them by name in a conversation so they know you are talking to them. Speak in a normal tone and speed of voice. Answer all questions verbally instead of with gestures or body language. Direct your conversation to the person rather than someone who might be with them as a helper. 54
Etiquette 101: Speech Impairment Allow them to speak- feeling rushed impairs speech more. Seek a quiet setting in which to talk. Dont complete their sentences. Make eye contact. Use the same tone of voice and volume that you would normally use unless the person asks differently. Listen to the persons words, not the manner in which they are said.
If you dont understand, ask them to repeat. Dont pretend to understand if you are having difficulty doing so. 55 Etiquette 101: Speech Impairment If youre not sure you understood, repeat back what you heard. If needed, ask them to write or use a computer. Respect that a person with a speech
impairment may prefer one-on-one conversation to group discussions. If you are uncertain, ask the person how to best communicate instead of guessing. If necessary, ask short questions that require short answers, a nod or shake of the head. 56 Etiquette 101: Hearing Loss Speak normally- hearing aids are tuned for it.
Keep your face and mouth visible for lip reading. Dont exaggerate speech or emotion. Touch their arm or gesture to get attention. When a translator is present, address the person with hearing loss. Avoid sudden changes of topic in
57 Etiquette 101: Cognitive Disability Make no assumptions. Might need extra time to process information. Use clear language. Dont take lack of response personally - they might be overwhelmed. Dont take sudden emotions
personally. Direct eye contact can be intimidating. Allow for different styles of 58 Disability Awareness Watch the Video! 59 Reasonable Modification What is it?
A reasonable modification is a change in Valley Metros service policies and practices in circumstances where established practices may prevent individuals with disabilities from accessing and participating fully in Valley Metros programs, services and facilities. 60 For Example Other Mobility Devices Due to construction or obstacles, boarding customer in mobility aid in a different accessible location
Eating and drinking for people with diabetes Handling fare for customer with disabilities that limit their ability to handle fare Taking injectable medicine on the bus/light rail 61 Reasonable Modification We must consider all requests If there are issues, we must interact with the person making the request Violations of ADA Automatic refusal to accommodate Not dealing with requests in good faith Lack of interaction about request
62 Reasonable Modification, Cont. The ADA requires we engage with the person requesting an accommodation Reasonable modifications to be inclusive Case-by-case situations No one-size-fits-all Put biases aside If we drop the ball, we lose 63
What am I obligated to do or provide? Individuals may request reasonable modifications online, by email, in writing or by phone. To facilitate this process, Valley Metro has made this policy and the Reasonable Modifications Request Form available online and in hard-copy upon request at www.valleymetro.org/accessibility/reasonable _modifications . Customers may also call Valley Metro Customer Service to make this request. 64
What am I obligated to do or provide? Valley Metro, (in consultation with those providers involved in a requested modification) will have five (5) business days to review and decide on each request. Valley Metro will have an additional (5) business days to provide a final response to the customer. 65 Undue Hardship If we say no Reasonable
Cost Resources Safety Fundamentally alter the program, service, or activity 66 Can we do more? Yes, but Consider: Are we setting a precedent? Are we able to remain consistent in providing the same accommodation
to everyone? 67 Service Animals According to FTA ADA guidance, a service animal is defined as: Any guide dog, signal dog, or other animal individually trained to work or perform tasks for an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection
or rescue work, pulling a wheelchair or fetching dropped items. 68 Service Animals, Continued The Department of Justice narrowed the definition of service animals to dogs and miniature horses, but this does not affect the Department of Transportations definition recognizing the possibility that other animals can be service animals. 69
How do you determine if its a Service Animal? Only two permissible inquiries: Is this a service animal required because of disability? What work or tasks is the animal trained to perform? 70 How do you determine if its a Service Animal? What does do work or perform tasks mean?
The dog must be trained to take a specific action when needed to assist the person with a disability. 71 Examples of types of tasks Tasks can be for people with physical, sensory, psychiatric, intellectual, or mental disabilities. Assist during seizure. Retrieve medicine or other items. Help individual with dissociative identity disorder to remain
grounded. Prevent/interrupt impulsive or destructive behavior. Assist with balance, stability. Provide non-violent protection or rescue work. 72 General rules regarding service animals Cant ask about disability. Cant request documentation (no formal training or certification required).
Cant ask for additional payment (no surcharges). Service Animals are not required to wear a vest, ID tag or harness. 73 What about emotional support or protection animals? Dogs whose sole function is the provision of emotional support, well-being, comfort, or companionship are not considered service dogs under the ADA.
The use of service dogs for psychiatric and neurological disabilities IS protected under the ADA. The crime deterrent effects of an animal's presence do not qualify that animal as a service animal and an animal individually trained to provide aggressive protection, such as an attack dog, is not appropriately considered a service animal. 74 Emotional v. Service Unless the animal is individually trained to do something that qualifies as work or a task, the animal is a pet or support animal and does not qualify for coverage as a service animal. A pet or support animal may discern that the handler is in distress, but it is what the animal is trained to do in response
to this awareness that distinguishes a service animal from an observant pet or support animal. DOJ states that an animal that is trained to ground a person with a psychiatric disorder does work or performs a task that would qualify it as a service animal as compared to an untrained emotional support animal whose presence affects a persons disability. It is the fact that the animal is trained to respond to the individuals needs that distinguishes an animal as a service animal. 75 Emotional v. Service, Cont. According to the DOJ, the process must have two steps: Recognition and response. If a service animal senses that a person is about to have a psychiatric episode and it is trained
to respond, for example, by nudging, barking, or removing the individual to a safe location until the episode subsides, then the animal has indeed performed a task or done work on behalf of the individual with the disability, as opposed to merely sensing an event. Tasks performed by psychiatric service animals may include reminding the handler to take medicine, providing safety checks or room searches for persons with PTSD, interrupting self-mutilation, and removing disoriented individuals from dangerous situations. Remember the difference between an emotional support animal and a psychiatric service animal is the work or tasks that the animal performs. 76 Service Animals
Other Considerations Transit agencies may refuse to transport service animals if the animal is out of control and the animals handler does not take effective action to control it. However, if a dog barks occasionally this does not necessarily mean it is out of its handlers control. The FTA does not prescribe limits to the number of service animals that can accompany a customer. Different service animals can provide different services. Other riders or agency personnels allergies to dogs or other animals would not be grounds for denying service to a person accompanied by a service animal. The regulations explicitly state that service animals must be allowed to accompany individuals on vehicles and in facilities. Encountering a service animal in the transit or other environment is an expected part of
being in public. 77 Other Mobility Devices Persons with mobility disabilities may use devices other than wheelchairs to assist with locomotion. Canes, crutches, and walkers, for example, are often used by people whose mobility disabilities do not require use of a wheelchair. These devices must be accommodated on the same
basis as wheelchairs. 78 Other Mobility Devices Other power-driven mobility devices like the Segway, when used by a person with a disability as a mobility device, is part of the broad class of mobility. In this way, a Segway occupies a legal position analogous to canes, walkers, etc. 79
Other Mobility Devices What they are NOT Valley Metro does not accommodate devices that are not primarily designed for use by individuals with mobility impairments on buses. This includes items such as shopping carts and bicycles. However, bicycles may be boarded on the light rail. 80 Other Important Transit ADA Policies
Announcing Bus and Light Rail Stops Bus Stops Maintenance of Lifts and Ramps
Mobility Aid Securement Seatbelts Operator Training Priority Seating / Mobility Aid Securement Areas Rescue Policy Transferring to a Seat from a Mobility Device Transporting Wheelchairs Wheelchair Brakes 81 Applying the ADA Case
Studies Case 1 Is it a Service Animal? 83 Applying the ADA Case Studies Case 2 Is it a Mobility
Device? 85 Applying the ADA Case Studies Calling All Streets! 87
Online Resources Federal Transit Administration Guidance Circular 4710.1 Americans With Disabilities Act Guidance - OR City of Phoenix Public Transit Web page Title VI and ADA Program Bus and Light Rail Policies for Customers with Disabilities Valley Metro Web site OR City of Phoenix Public Transit Web site Title VI and ADA Program This presentation City of Phoenix Public Transit Web site Title VI and ADA Program 88 Bottom Line We are all obligated to
respect and provide the best service to all customers, regardless of disability. 89 QUESTIONS? Kristy Ruiz, ADA Coordinator [email protected] 602.495.0579 Peter Fischer, ADA Coordinator [email protected] 602.534.9276 90
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