The Americans with Disabilities Act (ADA) is a federal antidiscrimination statute designed to ensure equal access to opportunities and benefits for qualified individuals with disabilities. The act seeks to remove barriers preventing qualified people with disabilities from enjoying the same programs and employment opportunities, independent living and economic self-sufficiency enjoyed by those without disabilities.

New legislation often results from the discrepancy between legislation and its interpretation in the courts. The ADA is more comprehensive and clearer about who and what is covered than previous legislation.

An individual with a disability under the ADA is a person who has a physical or mental impairment that substantially limits one or more major life activities or has a record of such an impairment (has had a disability in the past) or is regarded as having such an impairment (is not actually disabled but is stigmatized that way, e.g., has a facial disfigurement) or is related to or associated with a person with a disability.

The Act has five titles:

Title I: Employment.
Covers the employment relationship including access to the recruitment and interview process.

Title II: Public Services.
Covers public services (including state and local government) and transportation, and extends the prohibition of discrimination in programs established by Section 504 of the Rehabilitation Act which only covered public entities receiving federal financial assistance.

Title III: Public Accommodations.
Requires that places of public accommodation (such as doctors' offices) and commercial facilities (such as bowling alleys) be accessible to people with disabilities.

Title IV: Telecommunications.
Provides for telecommunications relay services for hearing and speech-impaired individuals including closed captioning.

Title V: Miscellaneous.
Includes provisions on accessibility standards, enforcement, attorney's fees, insurance issues, and individuals not considered disabled.

Extension is particularly involved in Title I with employment, Title II with program accessibility, Title III to the extent we use other public and commercial facilities for our programs, and in the telecommunications access network that is set up under Title IV.

The law protects qualified individuals in the employment relationship. A qualified individual with a disability is a person who meets the skill, experience, education, and other job-related requirements of a position held or desired, and who, with or without reasonable accommodation, can perform the essential functions of such a position. In other words, no one is expected to employ someone unqualified just because he or she has a disability. By the same token, people who are qualified cannot be discriminated against solely on the basis of a disability.

Job descriptions must be carefully developed to list as requirements only functions that are truly essential to the job. It is up to the individual to demonstrate how the tasks could be accomplished. For example, there cannot be a requirement for lifting 70 pounds, unless the person will actually have to lift 70 pounds as part of the job. A drivers license cannot be required unless the person must be able to drive to carry out the essential functions of the job.

We are required to make reasonable accommodation during the hiring process if the applicant is ADA eligible and makes a request. We can ask for documentation of need for an accommodation. Pre-employment inquiries may not include asking about the existence, nature or severity of a disability. Applicants may be asked about their ability to perform specific job functions. A job offer may be conditioned on the results of a medical exam, but only if it is required for all entering employees in the job.

We are also required to provide reasonable accommodation to allow existing employees with disabilities or who become disabled, to do their job. Reasonable accommodation may include, but is not limited to:

• Making existing facilities used by employees readily accessible to and usable by persons with disabilities.
• Job restructuring, modifying work schedules, reassignment to a vacant position. (We are not required to hire a second person to do the job for a person who becomes unable to perform the essential function of the job due to a disability.)
• Acquiring or modifying equipment or devices, adjusting or modifying examinations, training materials, or policies, and providing qualified readers or sign language interpreters.

The best approach is to discuss with the employee what changes he or she needs and be ready to move quickly to put them in place. Don't assume you know what will be needed. Employers are not required to lower quality standards or to provide personal-use items such as glasses or hearing aids.

Even if buildings are not accessible, our programs and services must be. It is obviously easier to make programs accessible if your building or the other meeting places you use conform to requirements. Failing this, it will be necessary to hold meetings in alternate facilities when necessary—schools are a good place to work with as most are accessible. It may be necessary to install a phone in the lobby and meet clients there. Volunteers could be recruited to read to blind people who need information. Information in publications could be enlarged on a copier for people with sight impairments. Talk to people with disabilities in your community to find out what simple changes might make your programs available to all.

Reasonable notice of need for accommodation can be required and is recommended. Program publicity should include the following or something similar:

Reasonable accommodations provided upon request with adequate prior notification.

People with disabilities may not be asked to pay the cost of accommodation, but the cost can be figured in the general registration fee or covered in some other way.

Educational service providers are not obligated to pay for help with personal services. For example, if a participant in a 4-H camp needs an adult attendant, we should facilitate that person to come, but we do not have to pay for their time. "Customer preference" is never an acceptable defense for discrimination. That means that it is never an excuse to discriminate against people with disabilities because "people don't like to work with them."

Be hospitable and flexible in providing services. If there is an undue burden in providing the needed accommodation, we must provide at least what can reasonably be provided.

People who believe they have been discriminated against have a right to complain to the county, the state or the federal government. Complaints about Extension programs should follow the same procedures as other civil rights complaints. These are outlined in the Program Complaint Procedures located on the Internet at http://ext.wsu.edu/ce.cahe/administration/policies.html. It is infinitely more satisfactory for the person with the grievance to resolve such problems at the local level. However, people have a right to complain directly to the Secretary of Agriculture if they wish.

ADA compliance will be reviewed as part of the ongoing civil rights compliance review process.