Recent ADA Updates

ADA Regulatory Updates and Advisories

Access Board
During 1998, the United States Access Board issued three final rules and one proposed rule supplementing its ADAAG for Buildings and Facilities:

Building Elements Designed for Children's Use
These design specifications are to be applied for certain building elements used primarily by children age 12 and younger.
State & Local Government Facilities
Judicial and detention & correctional facilities are covered in these final guidelines.
Detectable Warnings
The suspended requirement for detectable warnings at curb ramps, hazardous vehicle areas, and reflecting pools has been extended until July 26, 2001.
Play Areas
These are proposed specifications for various types of play facilities.

Additionally, the Access Board has developed or is working on guidelines for the following:

Telecommunications Act Accessibility Guidelines
The Final Rule was issued jointly with the Federal Communications Commission (FCC).
Over-the-Road Buses
Accessibility guidelines were published in conjunction with the Department of Transportation (DOT).
Passenger Vessels
The Board established an Advisory Committee which meets regularly.
Classroom Acoustics
The Access Board received a petition to investigate acoustics in classroom environments and is currently seeking information on this topic.
Recreational Facilities and Outdoor Developed Areas The Board has been actively working on accessibility guidelines for these types of facilities.

For more information regarding accessibility to buildings and other facilities, visit the Access Board Web site.

Employment (EEOC)
The EEOC publishes "guidances" which give direction on specific ADA issues regarding employment. The following are available on the EEOC web site.

Reasonable Accommodation and Undue Hardship
Fact Sheet: Small Employers and Reasonable Accommodation
Application of the ADA to Disability-based Distinctions in Employer Provided Health Insurance
Definition of the Term "Disability"
Questions and Answers about Disability and Service Retirement Plans
Pre-employment Disability-Related Questions and Medical Examinations
Worker's Compensation and the ADA
Determination of Whether a Persona is a "Qualified Individual with a Disability" when Applying for Disability Benefits
The ADA and Psychiatric Disabilities
How to Count Employees when Determining whether the Respondent Satisfies the Jurisdictional Prerequisite for Coverage under Title VII, the ADA, and ADEA
Compensatory and Punitive Damages Available under section 102 of the Civil Rights Act of 1991
Application of EEO Laws to Contingent Workers Placed by Temporary Employment Agencies and Other Staffing Firms

The EEOC has additional information about the employment provisions on their web site listed above.

Transportation The Access Board and the DOT recently published guidelines for Over-the-Road buses. This rule is available from the Access Board web site.
The Rocky Mountain ADA Technical Assistance Center has compiled eight Transportation Q & A documents which are available on their ada-infonet web site.

There are other excellent on-line resources which address current legislation as well as providing implementation guidance. Check out our Links & Resources section for a list of good sites which provide you with more information.

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