Disability Law

• More than 54,000,000 Americans are living with one or more physical or mental disabilities (U.S. Bureau of Census, 2005).

Disability Law• “ An individual with a disability." • He/she (i) has a physical or mental

impairment that substantially limits one or more of such person's major life activities,

• (ii) has a record of such an impairment, or • (iii) • Major life activities:

Disability Law

• I. provides that "no otherwise

with a disability in the United States . . . shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance . . . ."

Disability Law

• A college or university is required to make such modifications to its academic requirements as are necessary to ensure that such requirements do not discriminate or have the effect of discriminating, on the basis of handicap, against a qualified handicapped applicant or student

Disability Law

• “Qualified Individual” • A qualified individual with a disability is a

person who meets legitimate skill, experience, education, or other requirements of an employment position that s/he holds or seeks, and who can perform the "essential functions" of the position with or without reasonable accommodation.

Disability Law

Reasonable accommodations must be made if they would allow a qualified person with disabilities to effectively participate in an educational program or service.

Reasonable Accommodations

1. A change in an educational program (i.e., allowing a student with a severe hearing loss to substitute a required course such as music with another course even though music is a requirement for graduation), so long as it does not alter the program's fundamental nature;

2. (i.e., ramps, wide doorways, accessible bathrooms);

3. (i.e., Braille keyboard on a word processor); and/or

4. Providing aides such as interpreters or readers.

IDEA

• II. Individuals with Disabilities Education Act (IDEA and now IDEIA) guarantee children with disabilities a free, appropriate, public education (FAPE) in the least restrictive environment (LRE).

• Provide “specially designed instruction”, at no cost to the parents, to meet the unique needs of a child with a disability, including….instruction in the classroom, in the home, in hospitals and institutions, and in other settings (physical education)”

IDEA

• (a) rights of students with disabilities and their parents or guardians; (b) to assist states and localities to provide for the education of all students with disabilities; and (c) to assess and assure the effectiveness of efforts to educate students with disabilities.

Free Appropriate Public Education (FAPE)

•

• Must Meet the standards of the State Educational Agency

•

• Must be in conformity with the Individualized Education Plan

IDEA

IDEA

• (LRE)• “To the maximum extent appropriate, children

with disabilities…are educated with children who are nondisabled”

• “Special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.”

ADA

• III. The Americans with Disabilities Act: Not only to entities receiving federal funding, but also to private entities operating a place of public accommodation.

ADA

• The purposes of ADA • 1) to provide a clear and comprehensive national

mandate for the elimination of discrimination against individuals with disabilities;

• (2) to provide clear, strong, consistent, enforceable standards addressing discrimination against individuals with disabilities; and

• (3) to ensure that the Federal Government plays a central role in enforcing the standards established in this chapter on behalf of individuals with disabilities; and

ADA

• Title I- It protects people with disabilities from employment discrimination in business with fifteen or more employees. It requires that individuals with disabilities be given the same consideration for employment that individuals without disabilities be given.

ADA

• Reasonable accommodation is any modification or adjustment to a job or the work environment that will enable a qualified applicant or employee with a disability to participate in the application process or to perform essential job functions.

ADA• Title II: Title II of ADA prohibits discrimination in

services, programs, and activities provided or made available by state and local governments or their instrumentalities. Title II covers state and local public educational programs and municipal recreation facilities.

• No qualified individual with a disability shall, on basis of disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity….

ADA

• Frequency of Using Recreational Activity Programs and Facilities per Semester

• _____________________________________________Times Frequency Percentage

• _____________________________________________Never 45 36.9

• Five or less 38 31.1• 6-15 times 21 17.2• 16 or more 18 14.8• Total 122 100.0

ADA

• College Students with Disabilities’ Interest in Participating in Physical Activity Programs

• ____________________________________________• Interest Frequency Percentage• ____________________________________________• Not Interested 43 35.2• Interested 30 24.6• Very Interested 49 40.2• Total 122 100.0• _____________________________________________

ADA

• Means and Standard Deviations of Students with Disabilities’ Satisfaction with School Recreational Activity Programs and Facilities

• _____________________________________________________

• Factors Mean SD• ______________________________________________________• Advertising 2.95 1.09• Recreational Activity Programs 2.81 0.72• Accessibility of facility and equipment 3.06 0.92• Quality of the staff 3.27 0.80• _____________________________________________________

ADA

• Title III- No individual shall be discriminated against in the basis of disability in the full equal enjoyment of the goods, services, facilities, privileges advantages, or accommodations of any place of by any person who owns, leases (or leases to), or operates a place of public accommodation.

ADA

• 4. Title IV requires that all common carriers (generally telephone companies) provide equivalent telecommunication services to allow individuals with hearing or speech impairments to communicate with hearing people via telephone.

• 5. Title V Includes a provision prohibiting either (a) coercing or threatening or (b) retaliating against the disabled or those attempting to aid people with disabilities in asserting their rights under the ADA.

Age Discrimination

• The Equal Employment Opportunity Commission (EEOC): $69 million awarded under Age Discrimination Employment Act (ADEA) in 2004 and $48.9 million in 2003

Age Discrimination

• : protect employees and job applicants ages of 40 years or older from employment discrimination based on age. It applies to employers with 20 and more.

• Hiring, compensations, promotions, job assignments, trainings, and terminations.

Age Discrimination

• Element of a Age discrimination• 1. The plaintiff is an employee or applicant for

employment with the employer• 2. (40 years or above)• 3. The employer has 20 or more employees• 4. • 5. • 6. The employer hired someone outside the

protected class or replaced the plaintiff with some one outside the protected class

Age Discrimination

• (OWBPA): Prohibits employers from denying benefits to older workers

OSHA

• (OSHA)-enacted in 1970• Each employer . . . shall furnish to each of [its]

employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to [its] employees."

OSHA

• Purposes: a) encouraging employers and employees in their efforts to reduce the number of occupational safety and health hazards at their places of employment, and to stimulate employers and employees to institute new and to perfect existing programs for providing safe and healthful working conditions; b) providing that employers and employees have separate but dependent responsibilities and rights with respect to achieving safe and healthful working conditions;

OSHA

• c) providing an effective enforcement program which shall include a prohibition against giving advance notice of any inspection and sanctions for any individual violating this prohibition; and d) encouraging joint labor-management efforts to reduce injuries and disease arising out of employment.

OSHA

• SWIMMING POOLS AND SPAS• Water quality standards.• A. Generally. Swimming pool water shall be

treated and maintained so that, whenever the swimming pool is open for use, the bacterial, chemical and physical qualities of the water will meet the standards set forth in this section.

OSHA

• B. Bacterial Standards. Not more than fifteen percent of the water samples collected for a pool shall:

• 1. Contain more than two hundred bacteria per milliliter, as determined by the standard (35 · C) Agar Plate Count; or

• 2. Show a confirmed positive test for coliform organisms in any of 5-10 milliliter portions of a sample, or more than one coliform organism per fifty milliliters when the membrane filter test is used.

OSHA

• Water recirculation and filtering system.• A. Generally. The water recirculation system,

consisting primarily of piping, pumps, filters, water conditioning and disinfecting equipment, together with other standard accessory equipment, shall be adequate to clarity and disinfect the entire contents of the pool in eight hours or less.

•

OSHA

• B. Piping. Piping systems shall be:1. Designed to carry the required quantity of water at a velocity of not more than ten feet per second when located on the discharge side of a pump and not more than six feet per second when located on the suction side of a pump, unless accompanied by an approved hydraulic design;2. Of sufficient strength to withstand operating pressure;3. Made of nontoxic material;4. Reasonably resistant to corrosion under conditions of operation;….

OSHA• 3. Lifeguards shall:

a. Be expert swimmers and be competent in current lifesaving techniques;b. Be trained in administration of C.P.R., and other first aid measures;c. Have satisfactorily completed a course in lifeguard training, as offered by the American Red Cross. The valid and current certificate of completion of the course of instruction shall be at the swimming pool when the swimming pool is open for use;d. Be suitably dressed to enter the water and act in an emergency;

OSHA

• H. Lifeguard Chairs. Each public pool shall have at least one elevated lifeguard chair for each two thousand square feet of pool surface area or one hundred fifty bathers. The chair must be located close to the deeper portion of the pool and provide a clear, unobstructed view of the pool bottom.

I. Safety Equipment. Safety equipment, consisting of at least one ring buoy, with a length of one-quarter-inch rope attached to reach at least across the pool and one rescue tube for each lifeguard chair and one shepherd's crook mounted on a rigid sixteen-foot pole, shall be provided at each public pool.

OSHA

J. Drinking Water Supply. Drinking water from an approved source and dispensed through one or more approved sanitary drinking fountains shall be located on the deck of public pools.