October is National Disability Employment Awareness Month, so this month’s topic is the American Disabilities Act (ADA).
The ADA includes Title I and Title II.
Title 1 covers employee accessibility. Employees with disabilities may work with their managers and departmental human resources officers to discuss adjustments or modifications they may need to perform their job duties.
National Disability Employment Awareness Month recognizes these employees for the value they’ve added to the workplace. It also highlights how an employer’s supportive policies benefit both the employer and their employees.
Title II covers accessibility for County recipients of services, programs and activities. Many of us work with customers and clients every day. When someone comes in and says they can’t access our services, programs and facilities, we must do our best to help.
For instance, a customer may need written materials in a larger font or an American Sign Language (ASL) interpreter.
Some requests are easy enough to handle on the spot. Others may require a little investigation.
The law says we must work with the customer to try and find a solution. And within a reasonable timeframe. For you, that means:
Do not immediately say no.
Tell the customer you’ll see what you can do.
Promptly take steps to find a solution.
If you need help, there is support and a process in place:
Work with your manager to see how you can meet the request.
If not, you and your manager should talk with the customer to see if there’s an alternative.
If an alternative can’t be found, take the matter to your departmental ADA Title II coordinator.
The coordinator may escalate the issue to the Countywide ADA Title II coordinator.
The County must work with the customer to make a good-faith effort to reach a solution. But it is not required to grant a specific request. That’s where the Office of Ethics and Compliance (OEC) can assist.
The OEC’s ADA Title II coordinator can help your department determine if a request causes an “undue burden” or a “fundamental alteration” to the County service, program or activity.
“An “undue burden” causes an entity significant difficulty or expense. Undue burden is determined on a case-by-case basis,” said ADA Title II Coordinator Todd Hood. “A “fundamental alteration” would substantially change the way the service or product is being offered in a way that is unreasonable.”
For example, a request may involve ASL for a voting information pamphlet. Providing ASL for thousands of registered voters would be too expensive. That would be an undue financial burden for the County. However, we can meet the customer’s request by providing ASL for their pamphlet.
A tenant with a severe mobility impairment asks his housing provider to transport him to the grocery store and assist with grocery shopping as a reasonable accommodation to his disability. The housing provider does not provide transportation or shopping services for its tenants, so granting this request would require a fundamental alteration in the nature of the provider's operations.
The process to try to meet a customer’s request may add stress to your workday but keep in mind our County motto “The Noblest Motive is the Public Good.”
It is never OK, in fact it’s against the law, to retaliate against the customer or anyone who is trying to help that person get access under ADA or other discrimination laws.
Remember, if an employee needs ADA access, that falls under ADA Title I. You can contact their Departmental Human Resources Officer.
If a customer requests ADA access, that falls under Title II. Work through the steps listed above and if you still need help, contact the Office of Ethics and Compliance.
Check out the OEC webpage on InSite for information about upcoming Ethics & Compliance Program events, training, and resources including monthly “Know the Code” articles and micro-training videos.
If you have questions about Ethics & Compliance training or how to access the training and other resources, contact the OEC team at oec@sdcounty.ca.gov, 619-531-5174.
HHSA staff may also contact the dedicated HHSA Agency Compliance team at compliance.hhsa@sdcounty.ca.gov, 619-338-2807.
