ADA: MythBusters Meet ADA

This approach lends itself well to the many myths that surround the Americans with Disabilities Act (ADA) and the challenges that facility managers face in complying with both the technical  and legal requirements of the law. We’ll take a more straightforward approach without the bells and whistles of television, but look at the practical ways in which facility managers can effectively  meet the letter and the spirit of the ADA.

 

The Americans with Disabilities Act (ADA) of 1990 is a civil rights law that just celebrated its 15th anniversary on July 26, 2005. As a law, its intent is to protect the civil rights of more than 54 million Americans with disabilities. These 54+ million Americans have all ranges of disabilities from mobility to hearing, visual, cognitive and hidden disabilities such as heart disease, epilepsy, diabetes, to name a few. As our population ages and Baby Boomers join the retirement ranks in record numbers, the need for our built environment to be accessible to every-one continues to grow.

 

So, let’s address some myths and provide the facts:

Myth # 1: No one enforces the ADA and it will go away.
Fact: The ADA is a complaint-driven law; anyone with a disability (or someone on their behalf) who feels as though they have been discriminated against can file a complaint against a facility with the US Department of Justice or directly in Federal Court. There are real penalties, both financial and remedial, when a violation is determined. Defending yourself against a complaint is also costly.

 

Myth # 2: My building was built before the ADA, so it was “grand-fathered” in.
Fact: The ADA has no "grandfathering"  pro-visions. The requirements were that as of January 26, 1992, existing facilities were to begin the process of “readily -achievable barrier removal”. By  performing self-evaluations or reviews of existing facilities and identifying barriers, the barrier removal process should be ongoing.

 

Myth # 3: All of our renovations and new construction projects have been ADA compliant - my architects told me they know all about the ADA.

Fact: Many design professionals struggle with the Americans with Disabilities Act Accessibility Guidelines (ADAAGs) because they are not written as a “building code”. The ADAAGs are a minimum standard, and are the requirements that support a civil rights law.

 

 

Page 1    Page 2   

 

There is a popular television program where a team of “science geeks” spends the hour of the show dissecting a popular myth to determine if it is true or not. Like the “five second rule”: can you really eat something that’s fallen on the floor if you pick it up with-in five seconds?

Accessibility

Development

Associates, Inc.

Accessibility

Related Services

Representative

Client Lists

Credentials

& Staff Bios

Articles

Resources