In response to a general inquiry about the National Council on Independent Living (NCIL), I received material on the Americans with Disabilities Act that included a set of fact sheets I had not seen before. Produced by the Disability and Business Technical Assistance Centers (DBTACs), they address frequently asked questions about public accommodations (Title III). I found the explanations helpful and worth sharing (with permission), even though published a few years ago. I combined the 6 fact sheets into a single document, eliminating redundant headers and footers. To help one browse or print it, I inserted my customary line of 10 dashes and a page break between sections. Jamal Mazrui National Council on Disability Email: 74444.1076@compuserve.com ---------- The Americans with Disabilities Act Title III Fact Sheet Series Fact Sheets in this series: Fact Sheet 1. Who Has Obligations Under Title III? Fact Sheet 2. Auxiliary Aids and Services Fact Sheet 3. Communicating with People with Disabilities Fact Sheet 4. Tax Incentives for Improving Accessibility Fact Sheet 5. Alternatives to Barrier Removal Fact Sheet 6. Resources for More Information To obtain additional copies of any fact sheet in this series, contact your Disability and Business Technical Assistance Center. To be automatically connected to your regional center, call 1-800-949-4ADA. This fact sheet may be copied as many times as desired by the Disability and Business Technical Assistance Centers for distribution to small businesses but may not be reproduced in whole or in part and sold by any other entity without written permission from the authors. copyright © 1992 Adaptive Environments Center, Inc. Developed under a grant from the National Institute on Disability and Rehabilitation Research (grant #H133D10122). Adaptive Environments Center, Inc. and Barrier Free Environments, Inc. are authorized by the National Institute on Disability and Rehabilitation Research (NIDRR) to develop information and materials on the Americans with Disabilities Act (ADA). However, you should be aware that NIDRR is not responsible for enforcement of the ADA. The information presented here is intended solely as informal guidance, and is neither a determination of your legal rights or responsibilities under the ADA, nor binding on any agency with enforcement responsibility under the ADA. ---------- FACT SHEET 1 Who Has Obligations Under Title III? Commercial Facilities A commercial facility is a privately owned, non-residential facility involved in commercial activity, such as a factory, warehouse, corporate office building, or other facility in which employment may occur. Commercial facilities must comply fully only with the new construction and alterations regulations of Title III, including the scoping and technical specifications of the ADA Accessibility Guidelines (ADAAG), the accessibility standard for facilities under Title III jurisdiction. Existing commercial facilities are not required to comply with the Title III regulations covering nondiscrimination in policies, practices and procedures, effective communication, and barrier removal. Places of Public Accommodation A place of public accommodation is a private establishment (for-profit or nonprofit) that fits one of twelve categories specified by the Department of Justice in the ADA regulations. Hotels, restaurants, theaters, museums, retail stores, private schools, banks, doctorsÕ offices, and health clubs are all places of public accommodation. (A complete list of the twelve categories and examples of each appear on the next page.) Under Title III of the ADA, any private entity that owns, leases, leases to, or operates an existing public accommodation has four specific requirements: 1. Remove barriers to make their goods and services available to and usable by people with disabilities, to the extent that it is readily achievable to do soÑin other words, to the extent that needed changes can be accomplished without much difficulty or expense. 2. Provide auxiliary aids and services so that people with sensory or cognitive disabilities have access to effective means of communication, unless doing so would fundamentally alter the operation or result in undue burdens. 3. Modify any policies, practices, or procedures that may be discriminatory or have a discriminatory effect, unless doing so would fundamentally alter the nature of the goods, services, facilities, or accommodations. 4. Ensure that there are no unnecessary eligibility criteria that tend to screen out or segregate individuals with disabilities or limit their full and equal enjoyment of the place of public accommodation. Effective Dates Title III requirements for existing facilities and alterations became effective on January 26, 1992. (However, lawsuits cannot be brought against businesses with twenty-five or fewer employees and annual gross receipts of $1,000,000 or less until July 26, 1992. Lawsuits cannot be brought against businesses with ten or fewer employees and gross receipts of $500,000 or less until January 26, 1993.) The requirements for new construction generally apply to places of public accommodation and commercial facilities first occupied after January 26, 1993. TWELVE TYPES OF PLACES OF PUBLIC ACCOMMODATION Type of Establishment Examples (list is not exhaustive) 1. Place of lodging Hotel, inn, motel (except if less than six rooms and the residence of the owner) 2. Establishment serving food or drink Restaurant, bar 3. Place of exhibition or entertainment Theater, cinema, concert hall, stadium 4. Place of public gathering Auditorium, convention center, lecture hall 5. Sales or rental establishment Bakery, grocery store, clothing store, shopping mall, video rental store 6. Service establishment Bank, lawyerÕs office, gas station, funeral parlor, laundromat, dry cleaner, barber shop, beauty shop, insurance office, hospital, travel service, pharmacy, office of health care provider 7. Station used for specified public Depot, bus station, terminal transportation 8. Place for public display or collection Museum, library, gallery 9. Place of recreation Park, zoo, amusement park 10. Place of education Preschool, nursery, elementary, secondary, undergraduate or post- graduate private school 11. Social service establishment Shelter, hospital, day care center, independent living center, food bank, senior citizen center, adoption agency 12. Place of exercise and recreation Gymnasium, health club, bowling alley, golf course ---------- FACT SHEET 2 Providing Effective Communication Places of public accommodation are required to ensure that customers or clients with disabilities affecting hearing, vision, speech, or cognition are provided with effective communication through auxiliary aids and services that enable them to fully benefit from facilities, services, goods, and programs. A place of public accommodation is not required to provide any auxiliary aid or service if doing so would Òfundamentally alterÓ the operation (i.e., alter the essential nature of the goods, services, facilities, privileges, advantages, or accommodations offered), or if providing communication aids and services would result in an Òundue burdenÓ (i.e., significant difficulty or expense). To determine whether your facility is a public accommodation and, therefore, subject to the auxiliary aids and services requirement, read Fact Sheet 1: Who Has Obligations Under Title III? Auxiliary aids and services include a wide range of communication techniques and devices, many of which are discussed below. Use of advanced technology or the costliest service option is not necessary if effective communication can be provided through other means. It is strongly recommended that places of public accommodation take into consideration the preferences that individuals with disabilities may have for particular aids and services, but ultimately it is the decision of the owner or operator which aids and services are provided. In choosing among the alternatives, effectiveness should be the critical deciding factor. For example: A restaurant would not be required to provide menus in braille if it provides reading by a waiter or host upon request; however, a research library in a private university that provides copies of written materials to students would be responsible for providing those materials in an accessible format upon request (i.e., large print, braille, audio cassettes, or computer disk). A place of public accommodation would not be required to have a TDD available for receiving or making telephone calls that are part of business operations. It should, however, train staff to be prepared to receive calls through the telephone relay service (see page 5). On the other hand, TDDs must be provided when customers, clients, patients, or participants are permitted to make outgoing calls on Òmore than an incidental convenience basis.Ó Hospitals and hotels, for example, would generally be required to provide TDDs for their patients or guests. The American Foundation for the Blind and National Center for Law and DeafnessÕ ADA Communication Accommodations Project (ADA-CAP) provides technical assistance to help businesses deal with communications barriers. They have two hotlines and produce pamphlets on communication accessibility (see ÒFor More Information,Ó page 8). This fact sheet describes several methods of making information and communication accessible. Other options are also possible, and new ones will be available as the technology continues to develop. Always ask the people who will be using these services which accessible information formats or communication methods they need or prefer. Whichever aids and services are offered, be sure to publicize their availability with the appropriate signage and symbols (contact ADA-CAP for in-formation). Many people who would benefit from these services may be reluctant to request them unless they know such assistance is available. For People with Visual Disabilities For people with visual disabilities, the auxiliary aids and services requirement means that information regularly provided in visual formats must also be available in audible or tactile forms. For example, the information in printed brochures can be made available in braille or on audio tape. Restaurants can offer menus in braille or have staff read the selections and prices when necessary. Movie theaters can provide telephone tapes with their film schedules for people who do not have access to the printed listings in the newspaper. Annual reports can be provided on computer diskette. These and other methods of providing access to information are described below. Large Print Materials Many people with visual disabilities have some usable sight and can read large print. Large print materials can often be made at low cost using a photocopier or a personal computer. Use a 16-point type size or larger (18 is best). The type should be double- spaced and printed on a high-contrast background. When you are planning a conference or other event, estimate the number of large print materials needed by asking participants to notify you in advance about their specific needs. (If you are providing printed materials, it is always a good idea to have a few large print copies available.) Places that display information on wall signs can offer large-type printed versions; for example, fast food restaurants can provide large- print menus for those who cannot read the wall menu. All Printed Materials Prepare text according to the following principles to maximize legibility (this benefits everyone, including people with limited vision): Set type in columns that are not too narrow or too wide (for 11- or 12-point type, 3 to 7 inches is a comfortable column width). Use only one column if possible. Leave right margins ragged; this leaves words evenly spaced, making ragged-right text easier to read than justified text. Use lower case letters with initial capitals; this is more legible than all capitals. Black lettering on yellow or off-white paper provides maximum legibility, with less glare than plain white paper. Use simple serif typefaces. Simple fonts work best; donÕt use thin, bold, italic, or fancy typefaces. Restrict the use of sans-serif type to headlines, column headings, and other short pieces of information. Do not use more than two typefaces on a page. Braille If brailled materials are needed, there are a number of resources that provide transcription services. The National Federation of the Blind and the National Braille Press have free public service brochures describing many of these resources (see ÒFor More Information,Ó page 8). Be sure to make arrangements for transcription before you offer materials in braille. Some organizations will work from a computer disk, others from printed material. There is a great range in price for producing brailled materials, depending on turnaround time, the capacity of the providing organization, and the type of equipment used and services offered. Services offered by some transcription organizations include high-speed brailling, interpoint (two-sided) braille, and tactile reproductions of pictures and graphics. For assistance, contact the Information Access Center of the National Federation of the Blind for technical information on providing published materials in nonvisual accessible formats, or contact the ADA-CAP vision issues hotline (see ÒFor More Information,Ópage 8). Audio Tapes Recording program materials on cassette tape is a good alternative to written information. Some people who are blind or visually impaired cannot or prefer not to read braille or large print, and find tapes more useful. Tape duplicators, found on many stereo cassette decks, make copies easily and inexpensively. You can make the recordings yourself if your machine records with good, clear sound quality, or you may wish to have your material recorded professionally. Professional recorders can use two-track or four-track cassettes. Two-track cassettes can be used on any type of tape player, and so can be more widely circulated. Four- track cassettes must be played on a specially adapted tape player, but more information can be recorded on one four-track than on one two-track tape. In addition, four-track tapes can include Òtone indexing,Ó which allows users to forward to any page. If you do not know what type of equipment will be used to listen to your recorded material, you might want to have it recorded on two tracks, so that anyone can use it (especially if the material is not extremely long). You may also consider having the material recorded on both two- and four-track tapes. (Note that once a recording is made, it can be remastered onto another format, so even if you do not start out with both two- and four-track tapes, you will be able to respond to specific requests.) Recording tips for doing it yourself: On each side of the tape, identify the side number, the document title, and the page range being read. The cassette label should include the title and tape number (e.g., ÒTape 1 of 4Ó) in type and in braille. At the end of the recording, identify the reader. (ÒYour reader has been Joe Smith.Ó) Make sure the recording is done in a room where there is no background noise. Read at a moderate pace and articulate words clearly. Readers If brailled or taped materials are not available, designate someone to read information aloud, when necessary, to people who are blind or visually impaired. This is a stop-gap measure, but it will work if there is not a large volume of material to be read. Computer Diskettes Computer diskettes provide an efficient, simple means of transferring print information to audible communication. Many individuals now have computers with voice output that can ÒreadÓ data aloud. The diskette can also be used to print out braille text or large print. This electronic process is often the fastest way to convert print text to an accessible format. This alternative is excellent for providing conference materials, reports, minutes of meetingsÑany print information of any length. The National Federation of the Blind can advise on this process (see ÒFor More Information,Ó page 8). Radio Reading Services and Telephone Tapes Radio reading services and telephone tapes provide people who are blind or visually impaired with a wide range of information. Radio reading services regularly read newspapers, periodicals, weather reports, and event calendars. Telephone tapes provide information about services and programs. These services are a great source of advertising once you have made your business accessible. For People with Hearing or Speech Disabilities For people with hearing or speech disabilities, auxiliary aids and services include communication devices such as text telephones or TDDs, assistive listening systems, and services such as interpreters or alternative methods of communication. Many communication access improvements are inexpensive and easy to implement. In addition to those listed below, other useful methods may be as simple as making paper and pencil available for writing messages and maintaining a clear-sounding, adequately amplified public address system. If there is someone in particular for whom you will be providing communication aids or services, you should always ask that person what he or she needs or prefers. Telephone Amplifiers The telephone company can install amplification devices on pay phones that are required to have them. There is a nominal monthly charge for this service. For amplification on other phones, contact AT&TÕs National Special Needs Center (see ÒFor More Information,Ó page 8). Their receivers work only on AT&T equipment. Portable amplifiers for individual use are also available. Captioning Captioning is the process by which the audio part of a videotape or film is transcribed and made visible on the screen to be read by people with hearing disabilities. Closed captions are visible only if the television is equipped with a decoder; open captions are always visible. Telecommunication Devices for the Deaf A telecommunication device for the deaf (TDD), also called a text telephone or a TTY, allows a person with a hearing or speech disability to communicate with other TDD-users over the telephone using a keyboard and visual display and/or printer. Portable TDDs are easy to use and affordable. Prices range from $150 to $1000, depending on the features provided. You may decide to use a TDD on an existing phone line or to get a separate dedicated line. If the same line is used for voice and TDD, everyone who answers the phone must be trained to recognize the TDD tone and to know how to respond. If you have a dedicated TDD line, be sure to train employees in its use. Publicize the availability of a TDD number by listing your telephone number in all of your publications and publicity materials in the following format: (800) 123-4567 voice/TDD Or abbreviate: V/TDD Telecommunication Relay Services Telecommunication Relay Services (TRS) enable someone using a TDD to communicate with someone using a voice telephone. Operators (communication assistants) at the relay service act as a communication bridge between hearing people and people who have hearing or speech disabilities, or people who need voice or hearing carry-over service (a feature required of all relay services, allowing people who have hearing disabilities to use their own voices and allowing people with speech disabilities who can hear to type their messages but hear the other party directly). You can use a relay service if you have a TDD and want to contact a hearing person, or if you are a hearing person and want to call someone who uses a TDD. The Americans with Disabilities Act mandates that, by July 26, 1993, all telephone companies must provide telecommunication relay services. Many states already provide intrastate relay services, so check with your telephone company, vocational rehabilitation agency, or state commission for the deaf and hard of hearing to obtain the phone number. Because of the low cost of a TDD and the efficiency and desirability of one-to-one communication, it is recommended that businesses, services, and agencies that carry out a high volume of business by phone consider making themselves directly accessible through TDDs, rather than relying on relay services. Assistive Listening Systems If your facility has a meeting room, theater, or auditorium, an assistive listening system will enhance the sound for people who are hard of hearing. Several systems are available: the induction system, the wireless AM or FM system, and the wireless infrared system. The choice of systems is dependent upon a number of factors, including the intended users, the location, and the need for portability. For technical assistance, contact Self Help for Hard of Hearing People (see ÒFor More Information,Ó page 8) or the ADA-CAP hotline on hearing issues, or request the ÒAssistive Listening SystemÓ brochure from the Architectural and Transportation Barriers Compliance Board (see ÒFor More InformationÓ). In new construction of assembly areas where audible communication is integral to the use of the space, such as concert and lecture halls, theaters, and meeting rooms, an assistive listening system must be provided. If the assembly area has fixed seats for at least 50 people or has an audio-amplification system, an assistive listening system must be permanently installed. In open gathering spaces in places such as shopping malls, where concerts or other events may occasionally be held, but which do not have fixed seating, an induction system is recommended. In other cases, either a permanently installed system may be provided or adequate electrical outlets or other necessary wiring must be provided to support a portable system. (Refer to the ADA Accessibility Guidelines for complete scoping and technical requirements.) Interpreters People who are deaf or hard of hearing often request interpreters or transliterators in order to participate in conversations, meetings, and events. Interpreters translate from spoken language to American Sign Language (ASL) and vice versa. Transliterators interpret from spoken English to Pidgin Signed English, Manually Coded English, or Cued Speech, and vice versa. Oral interpreters paraphrase or mouth silently the spoken message and, if necessary, voice-interpret the speech of a person who is deaf or hard of hearing. The person who is deaf or hard of hearing should be consulted as to his or her preferred type of interpreting. Fees for interpreters generally range from $25 to $35 an hour with a two-hour minimum fee. Information on fees, use of interpreters, and other related information is available from state vocational rehabilitation agencies or state commissions for the deaf and hard of hearing. In order to assure the availability of an interpreter, be sure to make your request as soon as your meeting or event is scheduled, preferably at least four weeks in advance. For more information about sign and oral interpreting, contact the Registry of Interpreters for the Deaf, Inc. (see ÒFor More Information,Ó page 8). Computer-Aided Real-Time Reporting (CART) A relatively new type of translation service, called computer-aided real-time reporting or real-time captioning, has become available as an option for people who are deaf or hard of hearing and who read English fluently. Real-time reporters, often trained as court stenographers, type what is said in a meeting, and the text is simultaneously displayed on a computer or video monitor or projection screen. For assistance in obtaining this service, contact your local court stenotypist organization, the Association of Late-Deafened Adults (see ÒFor More Information,Ó page 8), interpreting agencies, or other organizations serving people who are deaf or hard of hearing. Working with Interpreters and Stenotypists Depending on the length and the nature of the assignment, varying numbers of interpreters or stenotypists will be needed. For most assignments lasting no longer than two hours, only one professional may be needed. The professional should be provided at least one break during that time. For those assignments that involve many people, such as round table discussions where more than one mode must be interpretedÑvoice-to-sign and oral interpretingÑor where the information being communicated is particularly complex, two or more interpreters may be needed. Under some circumstances, clients might assume that even though a meeting runs three hours, only one interpreter is needed since the meeting is ÒinformalÓ and there will be coffee breaks. The danger in this assumption is that especially when the setting is informal, there tends to be more people talking over each other, which makes it difficult to effectively interpret all of the conversations being exchanged. The idea that coffee breaks will provide a break for the professional is also erroneous. The exchanges that occur in the hallways or around the lunch or refreshment table are often the places where a great deal of the important ÒworkÓ is done. The interpreter often works at these times as well. Interpreters need frequent breaks, both for mental processing reasons and for the prevention of physical damage due to Repetitive Motion Syndrome/Injury (RMS) or other overuse syndromes. At least one 10- to 15-minute break per hour should be provided. Interpreters should always be in a visible, well-lit place near the presenters. When slides or films are shown, a spotlight may be used to illuminate the interpreter, taking care not to have the light directly in the interpreterÕs eyes. At all events, an area close to the interpreter and presenters should be reserved for people who are deaf or hard of hearing and for those sitting with them. In small group meetings, it is important that both the people who are deaf or hard of hearing and the interpreter have an opportunity to select where they sit so that they can see and hear all participants. Round tables or circular seating arrangements are preferred. In interactive meetings such as group discussions and workshops, the moderator should enforce a rule that only one person may speak at a time, so that all comments can be interpreted by the interpreter. Artistic interpreters, who transliterate and interpret dramatic literature, poems, plays, and concerts, require written material and recorded music anywhere from one day to several months prior to the performance, depending on the nature of the assignment. Interpreters for speeches and presentations from dignitaries, politicians, and the like also require advance review of a script in order to ensure the most accurate delivery possible. For People with Cognitive Disabilities The most important service for people with cognitive disabilities is the provision of clear information. Everyone appreciates printed information and announcements that are easy to understand. People who have cognitive disabilities especially appreciate the use of graphic symbols, color, and other supplements to the meaning of verbal information. For example, illustrations in restaurant menus make them easier to comprehend for someone who does not read well. All employees should be trained to provide information clearly, and to have patience with people who might not understand the first time or the first way it is presented. (For more information on communicating effectively with people with cognitive and other types of disabilities, refer to Fact Sheet 3.) FOR MORE INFORMATIONÉ The following organizations are referred to in this fact sheet, and address aspects of communication accessibility. ADA Communication Accommodations Project (ADA-CAP) American Foundation for the Blind Governmental Relations Department 1615 M Street, NW, Suite 250 Washington, DC 20036 Hotline on vision issues: (202) 223-0101 voice/TDD Hotline on hearing issues: (202) 651-5343 voice/TDD Association of Late-Deafened Adults P.O. Box 641763 Chicago, IL 60664 (312) 604-4192 TDD National Braille Press 88 St. Stephen Street Boston, MA 02215 (617) 266-6160 voice National Federation of the Blind Information Access Project 1800 Johnson Street Baltimore, MD 21230 (301) 659-9314 voice AT&TÕs National Special Needs Center 2001 Route 46, Suite 310 Parsippany, NJ 07054-1315 (800) 233-1222 voice (800) 833-3232 TDD Self Help for Hard of Hearing People 7800 Wisconsin Avenue Bethesda, MD 20814 (301) 657-2248 voice (301) 657-2249 TDD Architectural and Transportation Barriers Compliance Board 1331 F Street, NW, Suite 1000 Washington, DC 20004-1111 (800) USA-ABLE voice (202) 653-7834 voice (202) 272-5449 TDD Registry of Interpreters for the Deaf, Inc. 8719 Colesville Road, Suite 310 Silver Spring, MD 20910-3919 (301) 608-0050 voice/TDD ---------- FACT SHEET 3 Communicating with People with Disabilities Employees or customers who have disabilities will feel most comfortable at your place of business if you consider these suggestions for effective communication: General Considerations Do not be afraid to make a mistake when meeting and communicating with someone with a disability. Try following the suggestions below. Imagine how you would react if you were in similar situations. Keep in mind that a person who has a disability is a person, and, like you, is entitled to the dignity, consideration, respect, and rights you expect for yourself. Treat adults as adults. Address people with disabilities by their first names only when extending the same familiarity to all others present. (Never patronize people by patting them on the head or shoulder.) Relax. If you donÕt know what to do, allow the person who has a disability to put you at ease. If you offer assistance and the person declines, do not insist. If it is accepted, ask how you can best help, and follow directions. Do not take over. If someone with a disability is accompanied by another individual, address the person with a disability directly rather than speaking through the other person. ÒPeople FirstÓ Terminology Place the person before the disability. Say Òperson with a disabilityÓ rather than Òdisabled person.Ó Avoid referring to people by the disability they have, i.e., Òan epileptic,Ó Òblind people.Ó A person is not a condition. Rather, refer to Òa person with epilepsy,Ó or Òpeople who are blind.Ó People are not ÒboundÓ or ÒconfinedÓ to wheelchairs. They use them to increase their mobility and enhance their freedom. It is more accurate to say Òwheelchair userÓ or Òperson who uses a wheelchair.Ó Physical Disabilities Do not make assumptions about what a person can and cannot do. A person with a physical disability is the best judge of his or her own capabilities. Do not push a personÕs wheelchair or grab the arm of someone walking with difficulty, without first asking if you can be of assistance. Personal space includes a personÕs wheelchair, crutches, or other mobility aid. Never move someoneÕs crutches, walker, cane, or other mobility aid without permission. When speaking to a person using a wheelchair for more than a few minutes, try to find a seat for yourself so the two of you are at eye level. Visual Disabilities Identify yourself when you approach a person who is blind. If a new person approaches, introduce him or her. It is appropriate to touch the personÕs arm lightly when you speak so that he or she knows you are speaking to him or her. Face the person and speak directly to him or her. Use a normal tone of voice. DonÕt leave without saying you are leaving. If you are offering directions, be as specific as possible, and point out obstacles in the path of travel. Use clock cues (ÒThe door is at 2 oÕclockÓ). Alert people who are blind or visually impaired to posted information. Never pet or otherwise distract a guide dog unless the owner has given you permission. You may offer assistance if it seems needed, but if your offer is declined, do not insist. If your offer is accepted, ask the person how you can best help. Hearing Disabilities Ask the person how he or she prefers to communicate. If you are speaking through an interpreter, remember that the interpreter may lag a few words behindÑespecially if there are names or technical terms to be fingerspelledÑso pause occasionally to allow him or her time to translate completely and accurately. Talk directly to the person who is deaf or hard of hearing, not to the interpreter. However, although it may seem awkward to you, the person who is deaf or hard of hearing will look at the interpreter and may not make eye contact with you during the conversation. Before you start to speak, make sure you have the attention of the person you are addressing. A wave, a light touch on the shoulder, or other visual or tactile signals are appropriate ways of getting the personÕs attention. Speak in a clear, expressive manner. Do not over-enunciate or exaggerate words. Unless you are specifically requested to do so, do not raise your voice. Speak in a normal tone; do not shout. To facilitate speechreading, face into the light, and keep your hands and other objects away from your mouth. If the person is speechreading, face the person directly and maintain eye contact. DonÕt turn your back or walk around while talking. If you look away, the person might assume the conversation is over. While you are writing a message for someone who is deaf or hard of hearing, donÕt talk, since the person cannot read your note and your lips at the same time. If you do not understand something that is said, ask the person to repeat it or to write it down. The goal is communication; do not pretend to understand if you do not. If you know any sign language, try using it. It may help you communicate, and it will at least demonstrate your interest in communicating and your willingness to try. Speech Disabilities Talk to people with speech disabilities as you would talk to anyone else. Be friendly; start up a conversation. Be patient; it may take the person a while to answer. Give the person your undivided attention. Ask the person for help in communicating with him or her. If the person uses a communication device such as a manual or electronic communication board, ask the person how best to use it. Speak in your regular tone of voice. Tell the person if you do not understand what he or she is trying to say. Ask the person to repeat the message, spell it, tell you in a different way, or write it down. To obtain information quickly, ask short questions that require brief answers or a head nod. However, try not to insult the personÕs intelligence with over- simplification. Cognitive Disabilities Treat adults with cognitive disabilities as adults. When speaking to someone who has a cognitive disability, try to be alert to their responses so that you can adjust your method of communication if necessary. For example, some people may benefit from simple, direct sentences or from supplementary visual forms of communication, such as gestures, diagrams, or demonstrations. Use language that is concrete rather than abstract. Be specific, without being too simplistic. Using humor is fine, but do not interpret a lack of response as rudeness. Some people may not grasp the meaning of sarcasm or other subtleties of language. People with brain injuries may have short-term memory deficits and may repeat themselves or require information to be repeated. People with auditory perceptual problems may need to have directions repeated, and may take notes to help them remember directions or the sequence of tasks. They may benefit from watching a task demonstrated. People with perceptual or Òsensory overloadÓ problems may become disoriented or confused if there is too much to absorb at once. Provide information gradually and clearly. Reduce background noise if possible. Repeat information using different wording or a different communication approach if necessary. Allow time for the information to be fully understood. DonÕt pretend to understand if you do not. Ask the person to repeat what was said. In conversation, people with mental retardation may respond slowly, so give them time. Be patient, flexible, and supportive. Some people who have a cognitive disability may be easily distracted. Try not to interpret distraction as rudeness. Do not expect all people to be able to read well. Some people may not read at all. Please note: This material is based in part on Achieving Physical and Communication Accessibility, a publication of the National Center for Access Unlimited, and Community Access Facts, an Adaptive Environments Center publication. ---------- FACT SHEET 4 Tax Incentives for Improving Accessibility Two tax incentives are available to businesses to help cover the cost of making access improvements. The first is a tax credit that can be used for architectural adaptations, equipment acquisitions, and services such as sign language interpreters. The second is a tax deduction that can be used for architectural or transportation adaptations. (NOTE: A tax credit is subtracted from your tax liability after you calculate your taxes, while a tax deduction is subtracted from your total income before taxes, to establish your taxable income.) Tax Credit The tax credit, established under Section 44 of the Internal Revenue Code, was created in 1990 specifically to help small businesses cover ADA-related Òeligible access expenditures.Ó A business that for the previous tax year had either revenues of $1,000,000 or less or 30 or fewer full-time workers may take advantage of this credit. The credit can be used to cover a variety of expenditures, including: provision of readers for customers or employees with visual disabilities provision of sign language interpreters purchase of adaptive equipment production of accessible formats of printed materials (i.e., braille, large print, audio tape, computer diskette) removal of architectural barriers in facilities or vehicles (alterations must comply with applicable accessibility standards) fees for consulting services (under certain circumstances) Note that the credit cannot be used for the costs of new construction. It can be used only for adaptations to existing facilities that are required to comply with the ADA. The amount of the tax credit is equal to 50% of the eligible access expenditures in a year, up to a maximum expenditure of $10,250. There is no credit for the first $250 of expenditures. The maximum tax credit, therefore, is $5,000. Tax Deduction The tax deduction, established under Section 190 of the Internal Revenue Code, is now a maximum of $15,000 per yearÑa reduction from the $35,000 that was available through December 31, 1990. A business (including active ownership of an apartment building) of any size may use this deduction for the removal of architectural or transportation barriers. The renovations under Section 190 must comply with applicable accessibility standards. Small businesses can use these incentives in combination if the expenditures incurred qualify under both Section 44 and Section 190. For example, a small business that spends $20,000 for access adaptations may take a tax credit of $5000 (based on $10,250 of expenditures), and a deduction of $15,000. The deduction is equal to the difference between the total expenditures and the amount of the credit claimed. EXAMPLE: A small businessÕ use of both tax credit and tax deduction $20,000 cost of access improvements (rest room, ramp, 3 doors widened) Ð $5,000 maximum credit $15,000 remaining for deduction Annual Incentives The tax credit and deduction can be used annually. You may not carry over expenses from one year to the next and claim a credit or deduction for the portion that exceeded the expenditure limit the previous year. However, if the amount of credit you are entitled to exceeds the amount of taxes you owe, you may carry forward the unused portion of the credit to the following year. For further details and information, review these incentives with an accountant or contact your local IRS office or the national address below. FOR MORE INFORMATIONÉ Request IRS Bulletin #907 for further information on tax incentives, or Form 8826 to claim your tax credit. Internal Revenue Service Office of the Chief Counsel P&SI:6 1111 Constitution Avenue, NW, Room 5112 Washington, D.C. 20224 (202) 622-3110 Voice (800) 829-4059 TDD ---------- FACT SHEET 5 Alternatives to Barrier Removal The Americans with Disabilities Act specifies that facilities and establishments that are Òplaces of public accommodation,Ó as defined under Title III, must remove architectural barriers, as well as communication barriers that are structural in nature, from existing facilities when such removal is Òreadily achievable.Ó The readily achievable standard is a key concept. It requires public accommodations to eliminate physical barriers whose removal is Òeasily accomplishable and able to be carried out without much difficulty or expense.Ó (Read Fact Sheet 1 to determine whether your facility is subject to the Òreadily achievableÓ barrier removal requirement. The Checklist for Existing Facilities, a companion piece to this Fact Sheet series, is a useful guide to identifying barriers, planning structural modifications, and determining which modifications are readily achievable.) The removal of barriers can often be achieved by making simple changes to the physical environment. However, the determination of what is readily achievable must be made on a case-by-case basis, taking into consideration such factors as the size, type, and overall financial resources of the facility, and the nature and cost of the access improvements needed. Readily achievable modifications might include ramping a few steps, raising or lowering handrails or grab bars, replacing doorknobs with lever handles, or rearranging furnishings to provide a clear path of travel. Alternatives When modifications are not readily achievable, an establishment is required to take alternative steps that can be accomplished without much difficulty or expense; in other words, to take steps other than physical barrier removal that are readily achievable. Alternative methods are not required if they are not readily achievable, or if they would fundamentally alter the operation of the establishment (i.e., alter the essential nature of the goods, services, facilities, privileges, advantages, or accommodations offered). When programmatic alternatives are used in place of physical barrier removal, the availability of such accessible alternative services should be publicized through advertising and signage. Note that charging extra for services that are provided as alternatives to barrier removal is prohibited. Alternative methods are not to be considered additional services, merely accessible ones. Employees should be made aware of these services and trained in how to interact effectively with people with disabilities. Alternative methods should be considered only after all options for removing barriers have been thoroughly examined and demonstrated not to be readily achievable. The examples below illustrate alternative methods by which facilities can make their goods and services accessible to people with disabilities. Providing service at an alternate, accessible location Example: A restaurant with an inaccessible main entrance that offers take-out food sends an employee to provide service at an entrance or at the curb for customers who have disabilities that limit their mobility. A buzzer is installed in an accessible location by the main entrance with a sign stating ÒRing for Assistance,Ó in large, clear print. Example: A theater sells tickets from a booth with a Plexiglass shield that prevents communication with people who have limited hearing. A manager is summoned when needed to sell tickets outside of the booth. A sign posted at the booth informs customers that this service is available. Example: A bank has teller counters that are too high for access by people who use wheelchairs. A manager is summoned to conduct the transaction at a desk located elsewhere in the lobby. Example: A restaurant has a flight of stairs leading down to the dining area. On an accessible level, there are several small tables for bar service and light fare. In order to serve people who are unable to use the stairs, a dining table is added to this area and full menu service is offered when needed. Adequate notice of the availability of this service is provided. Example: A law firm with offices on the second floor of a building that has no elevator arranges to use an accessible meeting room in a nearby building to serve clients when necessary. Example: A multi-screen cinema has inaccessible upstairs theaters and accessible first-floor theaters. It rotates its schedule so that each film has several showings in an accessible theater, and provides information on the accessible showings in its newspaper advertising and recorded phone information. Offering home delivery and services Example: An inaccessible pharmacy offers home delivery of orders of prescription medications and other products. Adequate notice of this service is provided. Example: Several days a week, at the end of regular shop hours, an inaccessible salon provides haircutting and other services in patronsÕ homes. Adequate notice of this service is provided. Retrieving merchandise from inaccessible shelves or inaccessible parts of a store Example: A department store with a mezzanine reachable only by stairs places a directory on the accessible level describing the goods found on the mezzanine. A sign invites patrons who are unable to climb stairs to have a clerk bring them the items they wish to examine or purchase. Example: A supermarket provides employee assistance to people who are unable to reach goods on upper shelves, and provides adequate notice of the availability of this service. The store suggests that, when possible, shoppers with disabilities make a list of unreachable items while shopping, so that an employee can retrieve all of the items at one time. ---------- FACT SHEET 6 Resources for More Information More than five million business establishments and nonprofit agencies in the United States have responsibilities under Title III of the Americans with Disabilities Act to make their facilities, goods, and services accessible to people with a wide range of disabilities. The following is an annotated list of useful sources of information and assistance available to help places of public accommodation and commercial facilities understand and respond to Title III. Many of the listed organizations and agencies produce or distribute publications relating to the Americans with Disabilities Act; most of these materials are available in accessible formats upon request. Regional Disability and Business Technical Assistance Centers The National Institute on Disability and Rehabilitation Research (NIDRR) has funded a network of ten regional Disability and Business Technical Assistance Centers (DBTACs). These centers provide information, training, and technical assistance to businesses and agencies covered by the Americans with Disabilities Act and to people with disabilities who have rights under the ADA. Below is a list of the ten centers. You can contact any center by calling the telephone number listed, or call 1-800-949-4ADA to be automatically connected to the center in your region. New England Disability and Business Technical Assistance Center (Connecticut, Massachusetts, Maine, New Hampshire, Rhode Island, Vermont) 145 Newbury Street Portland, ME 04101 (207) 874-6535 voice/TDD (207) 874-6529 fax Northeast Disability and Business Technical Assistance Center (New Jersey, New York, Puerto Rico, Virgin Islands) 354 South Broad Street Trenton, NJ 08608 (609) 392-4004 voice (609) 392-7044 TDD (609) 392-3505 fax Mid-Atlantic Disability and Business Technical Assistance Center (District of Columbia, Delaware, Maryland, Pennsylvania, Virginia, West Virginia) 2111 Wilson Boulevard, Suite 400 Arlington, VA 22201 (703) 525-3268 voice/TDD (703) 525-6835 fax Southeast Disability and Business Technical Assistance Center (Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee) 1776 Peachtree Street, Suite 310 North Atlanta, GA 30309 (404) 888-0022 voice/TDD (404) 888-9091 fax Great Lakes Disability and Business Technical Assistance Center (Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin) 1640 West Roosevelt Road M/C627 Chicago, IL 60608 (312) 413-7756 voice/TDD (312) 413-1326 fax Southwest Disability and Business Technical Assistance Center (Arkansas, Louisiana, New Mexico, Oklahoma, Texas) 2323 South Shepherd, Suite 1000 Houston, TX 77019 (713) 520-0232 voice (713) 520-5136 TDD (713) 520-5785 fax Great Plains Disability and Business Technical Assistance Center (Iowa, Kansas, Nebraska, Missouri) 4816 Santana Circle Columbia, MO 65203 (314) 882-3600 voice/TDD (314) 884-4925 fax Rocky Mountain Disability and Business Technical Assistance Center (Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming) 3630 Sinton Road, Suite 103 Colorado Springs, CO 80907-5072 (719) 444-0252 voice/TDD (719) 444-0269 fax Pacific Disability and Business Technical Assistance Center (Arizona, California, Hawaii, Nevada, Pacific Basin) 440 Grand Avenue, Suite 500 Oakland, CA 94610 (510) 465-7884 voice (510) 465-3172 TDD (510) 465-7885 fax Northwest Disability and Business Technical Assistance Center (Alaska, Idaho, Oregon, Washington) P.O. Box 9046 Olympia, WA 98507-9046 (206) 438-3168 voice (206) 438-3167 TDD (206) 439-4054 fax Federal Agencies The federal agencies listed below are responsible for implementing various facets of the ADA. These resources will provide invaluable information through their hotlines and print materials. Equal Employment Opportunity Commission (EEOC) 1801 L Street, NW Washington, DC 20507 (800) 669-EEOC voice (800) 800-3302 TDD Responsible for developing and enforcing the ADA employment regulations. Investigates charges of employment discrimination and works to resolve problems through conciliation. 800 number provides referrals to local EEOC offices and information on discrimination laws in English and Spanish. Free publications available. ADA publications available from EEOC: Facts About the ADA (English or Spanish) The ADA: Questions and Answers The ADA: Your Responsibilities as an Employer The ADA: Your Employment Rights as an Individual with a Disability ADA Title I Regulations Technical Assistance ManualÑTitle I Department of Justice (DOJ) Civil Rights Division Public Access Section P.O. Box 66738 Washington, DC 20035-9998 (202) 514-0301 voice (202) 514-0383 TDD Responsible for developing and enforcing the ADA public accommodations (Title III) and state and local government (Title II) regulations. Also coordinates technical assistance programs for federal agencies. Numbers listed are information lines on the ADA and the regulatory process. ADA publications available from DOJ: Title II RegulationsÑState and Local Government Services Title III Regulations (including the ADA Accessibility Guidelines for Public Accommodations and Commercial Facilities) ADA HighlightsÑTitle II ADA HighlightsÑTitle III The Americans with Disabilities Act Questions and Answers (pamphlet) Technical Assistance ManualÑTitle II Technical Assistance ManualÑTitle III The Equal Employment Opportunity Commission and the Department of Justice have jointly produced the Americans with Disabilities Act Handbook. This comprehensive publication provides background, summary, rule-making history, overview of the regulations, section-by-section analysis of comments and revisions, P.L. 101-336 and annotated regulations of Titles I, II, and III, plus appendices and related federal disability laws. One copy free upon request from EEOC or DOJ, or from the Disability and Business Technical Assistance Centers. Multiple copies can be purchased from: U.S. Government Printing Office Superintendent of Documents Mail Stop: SSOP Washington, DC 20402-9328 (202) 783-3238 voice (202) 512-1426 TDD Department of Transportation 400 Seventh Street, SW, Room 10424 Washington, DC 20590 (202) 366-9305 voice (202) 755-7687 TDD Developed the regulations to implement the transportation provisions of the ADA, including requirements for public and specified private transportation. Publishes the Paratransit Handbook. Architectural and Transportation Barriers Compliance Board (ATBCB) 1331 F Street, NW, Suite 1000 Washington, DC 20004-1111 (800) USA-ABLE voice (202) 272-5434 voice (202) 272-5449 TDD Independent federal agency that developed and enforces the ADA Accessibility Guidelines and other architectural accessibility standards for the government. Provides technical assistance and information on the architectural requirements of the ADA and other access-related legislation, and on architectural, communication and transportation accessibility. Write or call for a complete list of free publications. ADA publications available from ATBCB: ADAAG Accessibility Checklist (working title). Survey tool containing all of the scoping and technical requirements of the ADA Accessibility Guidelines (ADAAG). Federal Communications Commission (FCC) 1919 M Street, NW Washington, DC 20554 (202) 632-7260 voice (202) 632-6999 TDD Contact the FCC for information on the Title IV telecommunications requirements. (Information available in print only.) PresidentÕs Committee on Employment of People with Disabilities 1331 F Street, NW, 3rd floor Washington, DC 20004-1107 (202) 376-6200 voice (202) 376-6205 TDD Produces technical assistance materials, including videotapes, public service announcements, and fact sheets. Information on job accommodation, tax incentives, and other topics (call for list of publications). Independent Living Centers (ILCs) Independent Living Centers are a national network of more than two hundred community-based service and advocacy programs run by people with disabilities. ILCs are often a good source of information and assistance on questions and issues related to the ADA. If you are unable to find an Independent Living Center in your phone book, contact any of the following for assistance in locating one near you: Your state vocational rehabilitation agency National Council on Independent Living 2111 Wilson Boulevard, Suite 405 Arlington, VA 22201 (703) 525-3406 voice (703) 525-3407 TDD Independent Living Research Utilization Center 2323 South Shepherd, Suite 1000 Houston, TX 77019 (713) 520-0232 voice (713) 520-5136 TDD Technical Assistance and Training The National Institute on Disability and Rehabilitation Research (NIDRR) has funded two national projects to provide technical assistance, training, and technology-related assistance to help people comply with the ADA: National Peer and Family Training Network Project on ADA Parent Information Center 151A Manchester Street P.O. Box 1422 Concord, NH 03302-1422 (603) 224-7005 voice/TDD Provides training and technical assistance to people with disabilities, parents, family members, service providers, and others, using a peer training model. Training on the ADA is provided by a team of individuals, including one person who has a disability and one person who is the parent or family member of an individual with a disability. National Peer Training Project National Council on Independent Living 2111 Wilson Boulevard, Suite 405 Arlington, VA 22201 (703) 525-3406 voice (703) 525-3407 TDD Provides training on the requirements of the ADA to staff, associates, and volunteers of Independent Living Centers. Provides training and technical assistance, and follow-up and reinforcement of training. Provides a resource lending library and the use of an electronic computer network for assistance and training activities with other agencies that provide assistance on the ADA. Below are other important national technical assistance projects: AbleData National Rehabilitation Information Center 8455 Colesville Road, Suite 935 Silver Spring, MD 20910 (800) 346-2742 voice/TDD Database funded by NIDRR with over 17,000 listings of adaptive equipment for people with all types of disabilities. AbleData assists with identifying technological solutions for specific functional limitations. Job Accommodation Network West Virginia University 809 Allen Hall Morgantown, WV 26506 (800) ADA-WORK voice/TDD (800) 526-7234 voice/TDD (304) 293-7186 voice/TDD A service of the PresidentÕs Committee on Employment of People with Disabilities, JAN is an international information and consulting resource for employers and job applicants. Helps solve specific job accommodation problems through their toll-free hotline. RESNA Technical Assistance Project 1101 Connecticut Avenue, NW, Suite 700 Washington, DC 20036 (202) 857-1140 voice/TDD Provides information and professional consultation related to assistive technology services for states that have assistive technology grants from NIDRR. Contact RESNA to learn whether your state has a technology project. Barrier Free Environments/ Adaptive Environments Publications Contact your regional technical assistance center for purchase or distribution information. The ADA Title III Fact Sheet Series Fact Sheet 1: Who Has Obligations Under Title III? Fact Sheet 2: Providing Effective Communication Fact Sheet 3: Communicating with People with Disabilities Fact Sheet 4: Tax Incentives for Improving Accessibility Fact Sheet 5: Alternatives to Barrier Removal Fact Sheet 6: Resources for More Information Checklist for Existing Facilities: The Americans with Disabilities Act Survey for Readily Achievable Barrier Removal Title II Action Guide for State and Local Governments (available Nov. 1992) Capital Improvements Budget Workbook (available June 1993) ADA Alterations Tech Sheets (available Jan. 1993) ADA Community Advocacy Resource Book: Promoting Voluntary Compliance (available May 1993) ---------- End of Document