In December of 1991, The Arc convened a group of business leaders, experts in mental retardation and consumers to examine the Americans with Disabilities Act Title III and discuss ways in which businesses can accommodate people with cognitive disabilities. Based on the work of this panel, the following information highlights obstacles faced specifically by individuals with mental retardation and suggests actions public accommodations can take in response. As mentioned in the introduction in the accompanying guide, The ADA Title III: A Guide for Making Your Business Accessible to People with Mental Retardation, these suggestions should not be viewed as an exhaustive list. Public accommodations are encouraged to develop other appropriate methods of making their goods and services accessible to and usable by people with mental retardation, and individuals with disabilities themselves can be excellent sources of new and innovative accommodations. The Access Strategies Chart uses illustrations from a variety of settings: * General (applicable to a wide variety of settings) * Establishments service food/drink (restaurants, bars) * Places of lodging (hotels, motels) * Sales or rental establishments (department stores, grocery stores, etc.) * Service establishments (banks, dry cleaners, etc.) * Places of recreation/places of public gatherings Although illustrations from the hospitality, retail and service sectors are used, these suggestions can be used in other settings, as well. Accommodations for child care centers are contained in All Kids Count - Child Care and the Americans with Disabilities Act (ADA), a resource manual also published by The Arc (see Resources). _________________________________________________________________ General _________________ Communicating verbally Suggested Solution: Refer to General Tips on communicating in the Title III Business Guide. ___________________________________ Seeking information by phone Suggested Solution: Automated voice mail systems may present a real barrier to individuals with mental retardation because such systems require a caller to understand complex series of instructions, make rapid choices and perform a sequence of steps. Public accommodations can avoid using an automated voice mail system or have a live operator answer all calls before they are routed to appropriate voice mail. Provide operators adequate training on communicating with individuals with cognitive disabilities. ___________________________________ Personnel avoiding customers who look or act "different." Personnel lacking skill in communicating with and assisting people with disabilities Suggested Solutions: Public accommodations can establish management philosophy committed to equal opportunity for access by people with disabilities, insist on appropriate customer service responses, and see that this philosophy is highly visible and emphasized regularly to all employees. Public accommodations can provide new employee orientation and regular in-service training for all employees on recognizing customers needing assistance, how to offer courteous, unobtrusive assistance, how to avoid over-assisting, and how to communicate effectively -- use of clear, simple language, "testing" for comprehension, trying alternate, less complicated ways to communicate. Consult The Arc's information on local resources (see Resources). Public accommodations can consider recruiting qualified employees with mental retardation. By having daily contact with co-workers who have mental retardation, all employees can gain sensitivity to people with disabilities and insight into improving accessibility for customers who have disabilities affecting learning, awareness, judgment. ___________________________________ Requiring a driver's license as I.D. for setting up bank accounts, check-cashing, paying for purchases by check or showing proof of age Suggested Solution: Public accommodations must accept state I.D. card or other bonafide I.D. in place of driver's license since some individuals with disabilities may not drive. ___________________________________ Seeking information in person Suggested Solution: Public accommodations can use the international symbol for information/assistance -- the large question mark -- on signs designating customer service desk and on name tags of employees offering assistance and can provide training to employees on communicating with individuals with cognitive disabilities. ___________________________________ "Wayfinding" -- Finding the way from one place or area to another Suggested Solutions: Public accommodations can eliminate irregular, winding pathways from existing facilities and from designs for new facilities. Public accommodations can use clear signs at all pathway intersections, international symbols, if available, and clear, simple language on all signs. Public accommodations can use design elements -- changes in flooring or wall surface fixture and landmarks -- to distinguish between different areas. Public accommodations can use color-coding to designate different types of services or attractions and use color-code system consistently on all maps. ___________________________________ Computing and understanding financial transactions Suggested Solution: Public accommodations can train sales personnel and cashiers to respond effectively and appropriately to shoppers who have difficulty in understanding and handling cash and other financial transactions. ___________________________________ Finding restrooms, identifying men's and women's restrooms Suggested Solution: Public accommodations can add international symbols or "men" and "women" to all restroom signs. ___________________________________ Finding the elevator, escalator, telephones, etc. Suggested Solution: Public accommodations can use international symbols to mark these services and the pathways leading to them. _________________________________________________________________ Food/Drink Establishments _________________ Locating restrooms Suggested Solution: Public accommodations can add international symbols of "men" and "women" to restroom signs. ___________________________________ Understanding a complex, written menu Suggested Solution: Public accommodations can provide a pictorial menu, can have server read menu aloud, and could display food samples (like a dessert cart). ___________________________________ Understanding complex verbal descriptions of menu Suggested Solution: Public accommodations can have server use simple language to name basic ingredients of menu items or describe items in comparison to more basic, well known dishes that share similar ingredients. ___________________________________ Making choices Suggested Solution: Public accommodations can have server offer assistance by using simple language to describe menu, by using other words to describe choices, and by having patience. ___________________________________ Making rapid decisions, as in quick-service restaurant Suggested Solution: Public accommodations can have pictorial menu at entrance, on counter, and available to take home. Public accommodations can have cashier offer assistance by describing menu items and allowing adequate time for the individual to make selections. ___________________________________ Computing tip Suggested Solution: Public accommodations can have a tip chart printed on small cards placed on tables and on cashier desk. The chart could be printed on back of the restaurant business card and on the take-home menu. _________________________________________________________________ Places of Lodging _________________ Filling out registration form Suggested Solution: Public accommodations can have front desk staff offer assistance in filling out the form and explain check-in/check-out procedures. ___________________________________ Knowing how to get help Suggested Solution: Public accommodations can have front desk staff explain to the individual how to get help immediately by stopping at the front desk or by using the phone to call the front desk. Public accommodation can have a sample phone available to demonstrate the use of the in-room phone. ___________________________________ Locating elevators Suggested Solution: Public accommodations can clearly mark elevators with the international symbol for "elevator" (see Resources). Public accommodations can have staff offer to show the guest to the entrance and elevator most convenient to the guest's room. ___________________________________ Locating guest room Suggested Solution: Public accommodations can offer to show the guest to his or her room and help the guest get oriented to the location of the room in relation to elevators and emergency exits. ___________________________________ Operating magnetic card key to open guest room door Suggested Solution: Public accommodations can have staff demonstrate how to use the key and offer to help the guest operate the key. Public accommodations can provide a life-size model of card key mechanism at the front desk so its use can be demonstrated and practiced upon check-in. ___________________________________ Using conventional key Suggested Solution: Public accommodations can develop a simple jig that can be used by a guest, if needed, to help guide the key into the keyhole. ___________________________________ Understanding check-out and emergency procedures, room features and guest services Suggested Solutions: Public accommodations can have front desk staff explain hotel amenities, charges and policies and provide information in clear, simple language on services such as the shuttle service, shops, pool, health spa, restaurants. By accompanying the guest to his or her room, the staff can show the guest emergency exits and procedures and demonstrate the use of room features including telephone, heating/air conditioning, clock-radio, TV. An opportunity can be provided for the guest to practice using the features to assure comprehension. Staff can explain in clear, simple language the policies and fees regarding pay-for-view movies, refreshments and room services and can check the guest's comprehension by asking "who, what, where, how when" questions. Public accommodations can produce a videotape for use on the hotel information channel demonstrating use of room features, amenities and fees, hotel guest services and fees, where to get information or assistance, and emergency procedures. Clearly show the floor number of each attraction while it is being discussed. Audio-visual aid will also benefit other guests including foreign visitors. ___________________________________ Difficulty using hotel information channel Suggested Solution: Public accommodations can simplify operating procedures and can have bellman offer to turn on TV and start hotel information tape after showing guest to room. Avoid having video system that requires the use of both the telephone and TV remote control to operate. _________________________________________________________________ Sales/Rental Establishments _________________ "Wayfinding" and locating desired merchandise Suggested Solutions: Public accommodations can color-code sections of the store, use color-code consistently in giving directions and in producing ad circulars, and provide a map utilizing color-code for store departments. Public accommodations can use design elements as "landmarks" to help distinguish sections of the store and aid customers in wayfinding. A color-code and certain design elements can be used to differentiate choices at transition points in the store where the customer must make a direction decision. Graphics - illustrations, pictures and international symbols - and simple, clear words can be used in signs. A representative item, a mural-sized picture or a graphic symbol of the item can be displayed overhead in each section of store to be easily visible from all areas of the store. Public accommodations can place a highly visible "courtesy desk" near store entrance and use the international symbol for information -- the large question mark -- on the signs designating the desk. Customer service employees can wear badges with the large question mark and circulate the store, actively offering assistance to any customer who appears to need assistance finding something; let shoppers know they should look for employees wearing the badge if they need assistance. Employees can avoid giving directions that depend on the customer's ability to distinguish right from left or the ability to remember directions; instead, offer to walk with customer to the location desired. ___________________________________ Determining how much an item costs Suggested Solution: The exclusive use of international bar coding presents a real barrier to shoppers being able to know what an item costs. If possible, price all merchandise with individual labels. Public accommodations can provide large print pricing labels on shelves; use the same units of measurement for equivalent items (i.e., ounces for ounces) on shelf labels showing cost-per-unit to help shoppers do comparison shopping. ___________________________________ Understanding ads Suggested Solution: Public accommodations can have an in-store video loop that enables individuals who can't read well to view and hear current ad specials; have video play in a specific location near entrance rather than broadcasting the audio throughout the store. The video can use simple language and can include open captioning to aid individuals with hearing impairments as well. ___________________________________ Finding desired merchandise when changes in displays and locations of merchandise are constantly taking place Suggested Solution: Public accommodations can keep staples in the same location and preferably near the entrance of the store. ___________________________________ Making choices from the large selection of merchandise Suggested Solution: Public accommodations can see that adequate customer service personnel are on hand to assist shoppers. See General Tips on Communicating in Title III Business Guide for helpful advice on offering choices. ___________________________________ Service Establishments Example: Bank or other financial institution _________________ Understanding information on products and services offered Suggested Solution: Public accommodations can simplify language in printed and verbal descriptions and can use pictures an diagrams to explain concepts, products and services. ___________________________________ Understanding the concepts involved in setting up and managing an account Suggested Solutions: Public accommodations can produce cue cards of sequential steps needed for transactions in order to assist customer in learning how to handle account successfully (e.g., pictures of each step required to make a deposit or to cash a check). Public accommodations can develop a video describing and demonstrating basic banking procedures and products. Simple language can be used and specific actions and procedures demonstrated; open captioning can aid individuals with hearing impairments as well. Public accommodations can have a customer service representative orient customer in use of new account. The representative can use simple language and model actions such as writing a check, preparing a deposit. Opportunity can be given for the customer to practice doing the procedure. The customer service representative can be available to assist customer with monthly reconciliation. ___________________________________ Being required to have another adult present when a new account is opened Suggested Solution: Public accommodations can conduct in-service training for all bank personnel regarding the fact that adults with mental retardation care to be treated as any other customer, unless it comes to the bank's attention that the person has a legal guardian. ___________________________________ Using ATM (Automated Teller Machine) Suggested Solution: Public accommodations can orient the customer to the use of the ATM. A real ATM can be used by a customer service representative to model the steps to complete a transaction, emphasizing security factors related to use of the PIN (personal identification number). An opportunity can be provided for the customer to learn by doing a transaction, and the public accommodation can provide the customer with cue cards of each menu screen in the order of appearance as a prompt when using the ATM. ___________________________________ Places of Recreation/Public Gathering _________________ Finding the way from the entrance to attractions, seating areas, concession stands, restrooms Suggested Solutions: Public accommodations can use tips regarding "wayfinding" listed under General category. Public accommodations can designate employees to circulate on pathways to provide assistance as needed, and employees can wear the large question mark symbol on their badges to aid individuals with disabilities in recognizing them as helpers. Public accommodations can provide several large areas suitable for meeting other members of one's party and can designate a different color code and a notable design landmark for each of these areas to aid in recognition. For more information on the Americans with Disabilities Act, contact: The Arc National Headquarters P.O. Box 1047 Arlington, Texas 76004 (817)261-6003 (817)277-0553 TDD thearc@metronet.com (e-mail) This document provides general information to promote voluntary compliance with the ADA. It was prepared under a grant from the U.S. Department of Justice. While the Public Access Section of the Civil Rights Division has reviewed its contents, any opinions or interpretations in the document are those of The Arc and do not necessarily reflect the views of the Department of Justice. The ADA itself and the Department's ADA regulations should be consulted for further, more specific guidance. ---------- An estimated 43 million Americans have a disability. Nearly 11 million are people with a cognitive impairment that can affect language, learning, memory, awareness, and decision-making. Mental retardation, traumatic brain injury, specific learning disabilities, and Alzheimer's disease are just a few examples of cognitive disabilities. The basic premise of the Americans with Disabilities Act (ADA) Title III is to ensure that places of public accommodation provide equal opportunity to all patrons by being accessible to and usable by individuals with disabilities. Most efforts to assist businesses in complying with the ADA focus on accessibility for people with sensory and physical disabilities. The ADA Title III regulations, the Title III Technical Assistance Manual, and the ADA Standards for Accessible Design provide limited information related to accessibility for individuals with cognitive disabilities. To fill the need for information and guidance on accessibility for individuals with mental retardation, the U.S. Department of Justice funded this technical assistance project of The Arc, a national organization on mental retardation. As a central part of this project, The Arc convened a forum of experts in the field of mental retardation and leaders from the business community. This panel defined many of the barriers to equal access experienced by individuals with mental retardation and developed a series of suggestions to help businesses extend the full benefits of the ADA Title III to people with mental retardation. The following is important information on the ADA Title III. It offers tips and strategies to improve the accessibility of places of public accommodation to individuals with mental retardation and other cognitive disabilities. These suggestions, while not an exhaustive list, will assist your business and other Title III covered entities in complying with the ADA. By following these suggestions you can improve your service to customers with cognitive disabilities, as well as individuals without disabilities. This also will be helpful for groups of individuals who have difficulty reading, writing, understanding, processing information, and making decisions such as: * foreign visitors and other non-English speakers, * people who are functionally illiterate, and * older adults who may have difficulty with speed of transactions, reading, and mobility. Making your business accessible is a win-win situation. Your business learns how to accommodate people with disabilities and thus increases its customer base. In turn, individuals with disabilities, who truly desire to be part of the community, have increased opportunities to live, work, play -- and be consumers -- in their own communities. ___________________________________ What is the ADA? The ADA is a federal law serving as a clear and comprehensive national mandate to eliminate discrimination against people with disabilities in: * Employment (Title I) * State and local government services (Title II) * Places of public accommodation -- private businesses serving the public -- and commercial facilities (Title III) * Transportation (Titles II and III) * Telecommunications (Title IV) ___________________________________ What is covered by Title III of the ADA? Title III, which took effect on January 26, 1992, prohibits discrimination toward individuals with disabilities by public accommodations and commercial facilities. Public accommodations are private entities that own, lease, lease to, or operate places of public accommodation, which include the following: * non-residential places of lodging * establishments serving food/drink * places of exhibition or entertainment * places of public gathering * sales or rental establishments * service establishments * stations used for specified public transportation * places of public display/collection * places of recreation * places of education * social service center establishments * places of exercise/recreation Under Title III, public accommodations: * must not deny participation or use standards that deny participation to people with disabilities; * must provide equal and integrated opportunities; * must not provide individuals with disabilities goods or services that are different or separate from those provided to other individuals unless necessary to provide goods or services that are as effective as those provided to others; * must not deny equal treatment to a person because of his/her association with a person who is known to have or is regarded as having a disability; * must provide appropriate auxiliary aids and services where necessary to afford effective communication for persons with vision, hearing, speech and language disabilities where doing so would not be a fundamental alteration or undue burden; * must remove architectural and structural communication barriers in existing facilities if it is readily achievable to do so; and, * must design, construct and alter their facilities in compliance with the ADA Standards for Accessible Design. ___________________________________ Who is protected by the ADA? The ADA defines a person with a disability as: 1. a person with a physical or mental impairment that substantially limits one or more major life activities, such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, working; OR, 2. a person with a record of such an impairment; OR, 3. a person who is regarded as having a disability. The ADA's definition of disability expressly includes people with mental impairments. People with mental impairments include those with any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness, or specific learning disabilities. ___________________________________ What is mental retardation? Mental retardation is a disability that involves significantly below average intellectual functioning combined with limitations in two or more of the following skill areas: communication, caring for oneself, home-living, social skills, community use, self-direction, health and safety, leisure and work, and the use of basic reading, writing and arithmetic in everyday living. Mental retardation happens before age 18. (Mental Retardation Definition, Classification and Systems of Supports, 9th edition, American Association on Mental Retardation, Washington, D.C., 1992.) The majority of individuals with mental retardation are quite similar to other people, and their disabilities may not be readily apparent. Individuals may need to have facts or instructions repeated more than once. Information should be presented in concrete rather than abstract language. New information especially may need to be presented in different ways, i.e., say it, show it. These individuals may have difficulty dealing with new or complicated situations. Some individuals have a degree of mental retardation that may greatly affect their language, learning, memory, awareness and decision-making capabilities. Other individuals with mental retardation may have additional disabilities, such as a vision impairment, or may require the use of a wheelchair due to a mobility impairment. Note that the kind of assistance you provide to ensure accessibility to your public accommodation may be different for individuals with multiple disabilities. For example, the things you do to accommodate the needs of a customer who uses a wheelchair but has no intellectual impairment may not be adequate to meet the needs of an individual who uses a wheelchair and also has mental retardation. Individuals with multiple disabilities may be accompanied by another person as a helper. While it is always appropriate to first consult with the individual with a disability, you may need to also confer with the helper as to the kind of assistance needed. ___________________________________ What are barriers for people with mental retardation? Barriers for people with mental retardation and other cognitive disabilities may be in any feature of the environment that requires good reading or writing skills, money skills, communicating, and making choices. For example, reading a complex menu, being rushed to order at a quick-service restaurant, or finding a desired item in a large department store may present obstacles to a person with mental retardation. ___________________________________ Highlights of key Title III requirements In highlighting key Title III requirements, this guide uses examples of situations involving people with mental retardation whenever possible. This is done to underscore that the ADA Title III fully protects people with mental retardation and to help your public accommodation understand some of the ways in which Title III regulations may apply to individuals with mental retardation. For definitions of key terms, see below. Discriminatory eligibility criteria Public accommodations must refrain from using eligibility criteria that have the effect of discriminating against people with disabilities. * If store policy requires customers to show valid driver's licenses for identification when paying for purchases by check, this would exclude some people with mental retardation who may not be able to drive. The store should instead accept a state I.D. or other valid I.D. in order to avoid this form of discrimination. * If a child care center has a policy to accept only those children who are toilet trained, the center may have to modify this criterion to include children with disabilities who, because of their disability, may not as yet be toilet trained. Surcharges Public accommodations are prohibited from imposing a surcharge on an individual or class of individuals with disabilities to cover the costs of measures to provide the nondiscriminatory treatment required by the ADA. * A private agency offers fitness classes and other recreational activities for a set membership fee. The agency has made changes to some of its classes so that information can be communicated as effectively to individuals with mental retardation as to all other participants. If the agency attempted to charge individuals with disabilities a higher fee than the other participants in order to cover the costs of the changes, this surcharge would be in violation of the ADA. Reasonable policy modifications Public accommodations must make reasonable modifications in policies, practices or procedures so that individuals with disabilities can have access to the public accommodation's goods, services and facilities unless making such changes would result in a fundamental alteration in the nature of the goods and services offered. * A department store may need to modify a policy of only permitting one person at a time in a dressing room, if an individual with mental retardation requires assistance in dressing from a companion. The store and other businesses with public restrooms may also need to revise their policies to allow opposite sex attendants to accompany an individual with a disability to the restroom when the individual requires such assistance. If there are shared dressing rooms or restrooms, the store may want to establish a policy to help ensure privacy for all patrons. For example, a sales associate may need to stand by the dressing room or restroom door or to post a sign asking other patrons to wait momentarily while the individual with a disability and his or her attendant are using the facilities. * A retail store determines it is not readily achievable to install signs that will improve accessibility and usability for individuals with mental retardation who may be unable to read. The store must still make its goods and services available, perhaps by training store personnel to provide personal assistance in locating merchandise desired by shoppers. * A bank may want to develop a videotape or have its customer service representatives provide training and orientation to help a new customer learn how to use the Automated Teller Machine [e.g., access different services, keep Personal Identification Number (PIN) secure, etc.] which is a feature of the customer's checking account privileges. Auxiliary aids and services Public accommodations must provide auxiliary aids and services when necessary so that individuals with disabilities will have effective communication leading to equal access to goods and services. A public accommodation will not have to do this if it can demonstrate that providing such aids and services will result in a fundamental alteration in the nature of the public accommodation's goods and services. The public accommodation also will not have to do this if it can show that providing the aids and services would result in an undue burden. * A physician may want to have a qualified social worker or other professional available to assist during an appointment with a patient with mental retardation who has difficulty communicating and understanding important medical information. * A planetarium would not have to raise its lighting to enable an individual with mental retardation who is also deaf to see the sign language interpreter during the show, because raising the lighting would fundamentally alter the nature of the show. Instead, the planetarium could provide spot lighting in one particular area to enable the interpreter to be seen clearly. Barrier removal Public accommodations must remove architectural barriers and communication barriers which are structural in nature in existing facilities when it is readily achievable to do so. Priority should be given to enable individuals with disabilities to: 1. physically enter the facility; 2. have access to the areas where goods and services are made available to the public; 3. have access to the restrooms, if restrooms are provided for customers or clients; and 4. remove any other barriers. * A department store might add pictures to the signs designating different departments -- such as adding a large picture of shoes to signs in the shoe department and to directional signs showing the way to the shoe department -- to ensure effective communication with shoppers with mental retardation who may be unable to read standard signage. * Restaurants that use theme labels on permanent signage designating restrooms -- such as "bucks" and "does," "hens" and "roosters," or foreign language labels -- present a structural communication barrier for individuals with mental retardation who may be unable to read or understand the concepts behind the theme names. A method of removing this barrier would be to simply add the international symbols of "man" and "woman" to the existing signs. * A shopping mall determines it will be easy and relatively inexpensive to install a ramp at an entrance where there are several steps. This barrier removal enables a shopper who uses a walker due to a physical disability to enter the mall. Alternatives to barrier removal If barrier removal is not readily achievable, public accommodations must offer goods and services to individuals with disabilities through alternative methods, if such methods are readily achievable. New construction and alterations Both public accommodations and commercial facilities must ensure that all new construction of facilities designed and constructed for first occupancy after January 26, 1993, is readily accessible to and usable by individuals with disabilities. In addition, alterations that affect the usability of primary function areas in existing facilities were required as of January 26, 1992, to conform to ADA regulation. While not included as specifications in the ADA Standards for Accessible Design, the following suggestions could enable a new shopping mall to be significantly more accessible to and usable by individuals with mental retardation: * Color-coded floor tiles and related design elements to designate different sections of the mall and types of stores and services. * Signs using international symbols to designate the food court, retail stores, restrooms, elevator, escalator and the directional pathway to these services from mall entrances. * A large question mark, the international symbol for information and assistance, clearly marking the information kiosk where shoppers may get help in finding their way through the mall. For more information on Title III, consult the regulations and Technical Assistance Manual produced by the U.S. Department of Justice (see Resources). ___________________________________ Accommodating individuals with mental retardation The following are suggestions that may help your place of public accommodation become accessible to and usable by individuals with mental retardation or other conditions that impair a person's cognitive abilities. However, the material presented cannot possibly meet all the situations your business may encounter in serving individuals with mental retardation and other disabilities. For further guidance, you should consult the ADA Title III regulations, the ADA Title III Technical Assistance Manual, and the ADA Standards for Accessible Design. The regional Disability and Business Technical Assistance Center serving your state can also provide information and guidance (see Resources) ___________________________________ General tips on communicating * Treat the individual with the same respect you treat any other patron. * Speak directly to the person. Don't assume an individual with mental retardation is incapable of communicating or that someone else must "interpret" for the person (National Easter Seal Society, 1991). * Treat adults as adults. Don't treat an adult with mental retardation as a child. * Avoid jumping to conclusions about a person's overall ability to communicate based on the way the person speaks. Some people with mental retardation have a speech or hearing impairment, but may also be able to compensate for a communication impairment (Harper, 1990). * Reduce or eliminate distractions and excess noise + Give the person your full attention. + Use good eye contact (Harper, 1990). * Take adequate time when interacting with the person; don't assume the individual doesn't understand simply because he or she may not respond quickly; individuals with mental retardation frequently understand more than they may be able to express (Baroff, 1974; Sigelman et al., 1983). * Use simple, concrete language. Avoid using words that are difficult to understand. Keep sentences short (Sigelman et al., 1983). * To see if the person understands, don't ask "Do you understand?" The individual may say yes even if he or she is still not sure. Do ask short, simply worded questions that begin with "who, what, where, how, when and why" (Sigelman et al., 1983; Harper, 1990). * If the person misunderstands something you said, try again using different words; if you don't understand, don't pretend to; ask again. * If you feel the person doesn't understand, don't assume you need to raise your voice; volume alone will not guarantee effective communication; talking loudly may even interfere. * If offering a choice -- + keep in mind that making choices may be difficult for the individual; the person may defer to other people to make the decision or will look to others to give cues (Harper, 1990). + it is important to keep your voice even; don't "lead" the person to make a selection he/she may not intend by emphasizing one option more than the others. + take adequate time to state the options before asking for the person's choice. * When giving instructions or sequences of information -- + break the information down into smaller steps. + take your time in giving the information. + don't use jargon. + if possible, don't just give verbal instructions, demonstrate the steps to show the person. + check for comprehension by asking the person to tell you what he/she is to do; if possible, give the person an opportunity to do the steps. * Provide training to all your employees on sensitivity and on how to give effective, appropriate assistance to people with disabilities, including mental retardation (see Resources). * Use simple, clear language on signs (e.g., simple typeface, large lettering, pictures to illustrate a series of steps, pictures to illustrate choices). * Consider using a system of color-coding in store design to assist customers in finding various departments. * Use international pictograms wherever possible, such as the question mark symbol, to indicate where a customer can obtain help, and the symbols for "men" and "women" to mark restrooms (see Resources). ___________________________________ Definitions Auxiliary aids and services: The term "auxiliary aids and services" includes - 1. Qualified interpreters, notetakers, computer-aided transcription services, written materials, telephone handset amplifiers, assistive listening devices, assistive listening systems, telephones compatible with hearing aids, closed caption decoders, open and closed captioning, telecommunications devices for people who are deaf (TDDs), videotext displays, or other effective methods of making aurally delivered materials available to individuals with hearing impairments; 2. Qualified readers, taped texts, audio recordings, Brailled materials, large print materials, or other effective methods of making visually delivered materials available to individuals with visual impairments; 3. Acquisition or modification of equipment or devices; and, 4. Other similar services and actions (28 CFR Sec. 36.303). Barriers, architectural: Physical elements of a facility that make it difficult or impossible for a person with a disability to approach, enter or move around in a facility. Barriers include impediments such as steps and curbs, the height or position of telephones or drinking fountains or restroom fixtures, doorknobs or operating controls that are difficult to use for people with limited manual dexterity, deep pile carpeting or unpaved exterior ground surfaces, furniture, equipment or displays that make it difficult for people to move around (The ADA Title III Technical Assistance Manual, U.S. Department of Justice, III-4.4000). Barriers, structural communication: Lack of accessible signs or alarms, partitions that hamper the passage of sound waves between employees and customers, and the absence of adequate sound buffers in noisy areas (The ADA Title III Technical Assistance Manual, U.S. Department of Justice, III-4.4000). Barriers, transportation: Any obstacle that interferes with the ability of individuals with disabilities to access and use transportation services provided by a place of public accommodation e.g., a hotel shuttle service, a day care pick-up service, transport systems in places of recreation, such as those at stadiums, zoos, amusement parks (The ADA Title III Technical Assistance Manual, U.S. Department of Justice, III-4.4700). Barrier removal: A public accommodation shall remove architectural barriers in existing facilities, including communication barriers that are structural in nature, where such removal is readily achievable, i.e., easily accomplishable and able to be carried out without much difficulty or expense (28 CFR Sec. 36.304). These barriers include more than obvious impediments such as steps and curbs that prevent access by people who use wheelchairs (The ADA Title III Technical Assistance Manual, U.S. Department of Justice, III-4.4000, III-4.4100). Discriminatory criteria: Any rules, standards, qualifications or requirements that have the effect of discriminating against people with disabilities on the basis of disability (The ADA Title III Technical Assistance Manual, U.S. Department of Justice, III-4.1000, III-4.1100). Readily accessible to and usable by: Facilities can be approached, entered, and used easily and conveniently by individuals with disabilities (28 CFR Sec. 36.401 [New Construction] and Sec. 36.402 [Alterations]; The Americans with Disabilities Act Title III Technical Assistance Manual, U.S. Department of Justice, III-5.0000, III-5.1000). Readily achievable: Easily accomplishable and able to be carried out without much difficulty or expense. In determining whether an action is readily achievable, factors to be considered include: (1) the nature and cost of the action; (2) the overall financial resources of the site or sites involved, the number of employees, the effect on expenses and resources, legitimate safety requirements necessary for safe operation; (3) the geographic separateness and the administrative or fiscal relationship of the site to any parent corporation or entity; (4) if applicable, the overall financial size, resources, and location of the parent entity; (5) if applicable, the type of operation of the parent entity (28 CFR Sec. 36.104). Reasonable modifications: Changes made by a public accommodation to its policies, practices or procedures so that an individual with a disability may have access and use of the public accommodation that is equal to that of any other customer or client. (The ADA Title III Technical Assistance Manual, U.S. Department of Justice, III-4.0000, III-4.2000). Undue burden: Significant difficulty or expense. In determining whether an action would result in an undue burden, factors to consider include the same list that is used to determine "readily achievable," although "undue burden" is a higher standard. See "Readily achievable" above. (28 CFR Sec. 36.104) ___________________________________ References American Association on Mental Retardation. (1992). Mental Retardation: Definition, Classification and Systems of Supports, 9th edition. Baroff, G.S. (1974). Mental Retardation: Nature, Cause, and Management. Washington, D.C.: Hemisphere Publishing Co. Harper, D.C. & Wadsworth, J.S. (1990). Making Contact: Communicating with Adults with Mental Retardation. Iowa City, Iowa: The University of Iowa. Meeker, D.T. & Reeddijk, P. with assistance from Elke Zimmer & Paul Singer, (1987). Symbol Signs for Recreation Related Facilities: A National System. Society of Environmental Graphic Designers. National Easter Seal Society. Awareness is the First Step Towards Change: Tips for Portraying People with Disabilities in the Media. Brochure. National Easter Seal Society. (1991). Building Bridges - Access to America's Hot New Market. Brochure. Sigelman, C.K., Schoenrock, C.J., Budd, E.C., Winer, J.L., Spanhel, C.L., Martin, P.W., Hromas, S. & Bensber, G.J. (1983). Communicating with Mentally Retarded Persons: Asking Questions and Getting Answers. Lubbock, Texas: Texas Tech Press. U.S. Department of Justice, Office of the Attorney General (Friday, July 26, 1991). The Americans with Disabilities Act of 1990, Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities. Final Rule, Federal Register Part III, 28 CFR Part 36. U.S. Department of Justice. The Americans with Disabilities Act Title III Technical Assistance Manual. ___________________________________ See The Arc's ADA Access Chart. See The Arc's ADA Resources. This document provides general information to promote voluntary compliance with the ADA. It was prepared under a grant from the U.S. Department of Justice. While the Public Access Section of the Civil Rights Division has reviewed its contents, any opinions or interpretations in the document are those of The Arc and do not necessarily reflect the views of the Department of Justice. The ADA itself and the Department's ADA regulations should be consulted for further, more specific guidance