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Resources

Below you will find a variety of resources, related site links, recent newsletters, articles of interest and much more.  Click on the topic to see specific items of interest. You will need Adobe Reader to view and/or print many of the items.  To download the most current version of Adobe Reader for free, click on the button below.

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Access - DRM County Services Project and Survey Tool: In 2011, Disability Rights Montana continued to monitor the progress Montana counties have made to improve accessibility in their programs and services through our ongoing County Services Project. You can download the most recent survey tool DRM used to complete the surveys.
 
Accessibility Requirements for Existing Swimming Pools at Hotels and other Public Accommodations:

In 2010, the Department of Justice published updated regulations under the Americans with Disabilities Act (ADA).  These regulations adopted the 2010 Standards for Accessible Design (2010 Standards), which, for the first time, contain specific accessibility requirements for a number of types of recreational facilities, including swimming pools, wading pools, and spas.

In January 2012, the Department issued guidance titled “ADA 2010 Revised Requirements: Accessible Pools—Accessible Means of Entry and Exit” to assist entities covered by Title III of the ADA, such as hotels and motels, health clubs, recreation centers, public country clubs, and other businesses that have swimming pools, wading pools, and spas, in understanding how the new requirements apply to them.  Click here for additional information.

 
Accessible Pools - Means of Entry and Exit:

The Department of Justice published revised final regulations implementing the Americans with Disabilities Act (ADA) for title II (State and local government services) and title III (public accommodations and commercial facilities) on September 15, 2010, in the Federal Register. These requirements, or rules, clarify and refine issues that have arisen over the past 20 years and contain new, and updated, requirements, including the 2010 Standards for Accessible Design ("2010 Standards").

 
ADA Business Brief: Restripting Parking Lots:

Accessible Parking Spaces

When a business restripes a parking lot, it must provide accessible parking spaces as required by the ADA Standards for Accessible Design.

In addition, businesses or privately owned facilities that provide goods or services to the public have a continuing ADA obligation to remove barriers to access in existing parking lots when it is readily achievable to do so. Because restriping is relatively inexpensive, it is readily achievable in most cases.

This ADA Business Brief provides key information about how to create accessible car and van spaces and how many spaces to provide when parking lots are restriped. 

Accessible Parking Spaces for Cars

Accessible parking spaces for cars have at least a 60-inch-wide access aisle located adjacent to the designated parking space. The access aisle is just
wide enough to permit a person using a wheelchair to enter or exit the car. These parking spaces are identified with a sign and located on level ground. 

Van-Accessible Parking Spaces

Van-accessible parking spaces are the same as accessible parking spaces for cars except for three features needed for vans:

  • a wider access aisle (96") to accommodate a wheelchair lift;

  • vertical clearance to accommodate van height at the van parking space, the adjacent access aisle, and on the vehicular route to and from the van-accessible space, and

  • an additional sign that identifies the parking spaces as "van accessible."

Click here for additional information.

 
ADA Regulations and Technical Assistance Materials:

The U.S. Department of Justice provides free ADA materials.

 
ADA Update: A Primer for Small Business:

The Department of Justice has revised its regulations implementing the Americans with Disabilities Act (ADA). This rule took effect on March 15, 2011, clarifying issues that have arisen over the past 20 years, and contains new requirements, including the 2010 Standards for Accessible Design (2010 Standards). This document provides guidance to assist small business owners in understanding how this new regulation applies to them. This is PDF is an illustrated guide to help small businesses understand the requirements of the 2010 ADA regulations (2011).

 
American Association of People with Disabilities: AAPD is the largest national nonprofit cross-disability member orgnaization in the United States.
 
Americans with Disabilities Act of 1990, as Amended in 2008: Text of the Americans with Disabilities Act of 1990 (ADA), including changes made by the ADA Amendments Act of 2008 (P.L. 110-325), which became effective on January 1, 2009. The ADA was originally enacted in public law format and later rearranged and published in the United States Code.
 
Dept. of Transportation - Traveling with a Disability:

A person with a disability may have a physical or mental impairment that impacts a major life activity - such as walking, hearing, or breathing.  This may be on a permanent or temporary basis.  For example, a person with a temporary disability may have a broken leg that is temporarily fused or immobilized.  Airlines must accommodate the needs of air travelers with disabilities.

The Air Carrier Access Act (ACAA) is a law that makes it illegal for airlines to discriminate against passengers because of their disability.  The Department of Transportation is responsible for enforcing the ACAA, which applies to all flights to, from, or within the United States. 

Airlines are also required to provide passengers with disabilities many types of assistance, including wheelchair or other . . . . click here for more information.

 
Disability Access Symbols:

The symbols used to promote and publicize accessibility of places, programs and other activities for people with various disabilities.

 
DRM Fact Sheet - Discrimination by State or its Political Subdivisions: The federal Americans with Disabilities Act of 1990, the Americans with Disabilities Act Amendments Act of 2008, and the Montana Human Rights Act prohibit discrimination against people on the basis of their physical or mental disabilities by the state or its political subdivisions. The state Governmental Code of Fair Practices also prohibits discrimination and further requires the state and its political subdivisions to take affirmative steps to examine all of its procedures and processes including all agreements, arrangements and contracts to ensure that they do not have the effect of discriminating on the basis of disability or other suspect classification. [July 2010]
 
DRM Fact Sheet - Employment Discrimination: The federal Americans with Disabilities Act of 1990, the Americans with Disabilities Act Amendments Act of 2008 and the Montana Human Rights Act prohibit discrimination in employment against a qualified person with a disability. [July 2010]
 
DRM Fact Sheet - Public Accommodations: The federal Americans with Disabilities Act of 1990, the Americans with Disabilities Amendments Act of 2008, and the Montana Human Rights Act prohibit discrimination against people on the basis of their physical or mental disabilities by places of public accommodation. A public accommodation is a private entity or business that provides its services to the public. Public accommodations include hotels, restaurants, health care providers, legal offices, theaters, retail stores, and museums. [July 2009]
 
Employer-Provided Leave and the ADA:

The U.S. Equal Employment Opportunity Commission (EEOC) has issued a new resource document that addresses the rights of employees with disabilities who seek leave as a reasonable accommodation under the Americans with Disabilities Act of 1990 (ADA). The document is entitled Employer-Provided Leave and the Americans with Disabilities Act.

Disability charges filed with the EEOC reached a new high in fiscal year 2015, increasing over 6 percent from the previous year. The ADA requires employers to provide reasonable accommodations that allow people with disabilities to perform the essential functions of their jobs, unless it would pose an undue hardship for the employer.

One troubling trend the EEOC has identified in ADA charges is the prevalence of employer policies that deny or unlawfully restrict the use of leave as a reasonable accommodation. These policies often serve as systemic barriers to the employment of workers with disabilities. They may cause many workers to be terminated who otherwise could have returned to work after obtaining needed leave without undue hardship to the employer. [Rocky Mountain ADA Center, May 10, 2016].

 
Guide for People with Disabilities Seeking Employment: A 2-page pamphlet for people with disabilities providing a general explanation of the employment provisions of the ADA and how to file a complaint with the Equal Employment Opportunity Commission. [U.S. Department of Justice]
 
Guide to Disability Rights Laws: A 21-page booklet that provides a brief overview of ten Federal laws that protect the rights of people with disabilities and provides information about the federal agencies to contact for more information. [U.S. Department of Justice]
 
Revised ADA Regulations Implementing Title II and Title III: The revised regulations amend the Department's Title II regulation, 28 C.F.R. Part 35, and the Title III regulation, 28 C.F.R. Part 36. Appendix A to each regulation includes a section-by-section analysis of the rule and responses to public comments on the proposed rule. Appendix B to the Title III regulation discusses major changes in the ADA Standards for Accessible Design and responds to public comments received on the proposed rules. These final rules went into effect March 15, 2011. Compliance with the 2010 Standards for Accessible Design is permitted as of September 15, 2010, but not required until March 15, 2012. The Department has prepared fact sheets identifying the major changes in the rules.
 
Rocky Mountain ADA Center: The DBTAC Rocky Mountain ADA Center provides information on the Americans with Disabilities Act (ADA) to Colorado, Utah, Montana, Wyoming, North Dakota, and South Dakota.
 
Title II Technical Assistance Manual (1993) Covering State and Local Government Programs and Services: This technical assistance manual addresses the requirements of Title II of the Americans with Disability Act, which applies to the operations of State and local governments.
 
Title III Technical Assistance Manual (1993) and Supplement: An 83-page manual that explains in lay terms what businesses and non-profit agencies must do to ensure access to their goods, services, and facilities. Many examples are provided for practical guidance.
 
U.S. Equal Employment Opportunity Commission (EEOC):

The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. It is also illegal to discriminate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

Most employers with at least 15 employees are covered by EEOC laws (20 employees in age discrimination cases). Most labor unions and employment agencies are also covered.

The laws apply to all types of work situations, including hiring, firing, promotions, harassment, training, wages, and benefits.

 
US Access Board - Exercise Equipment and Machines:

At least one of each type of exercise equipment or machine must have clear floor space of at least 30 by 48 inches and be served by an accessible route. If the clear space is enclosed on three sides (e.g., by walls or the equipment itself), the clear space must be at least 36 by 48 inches. Click here for additional information.