While the U.S. Department of Labor's (DOL) Office of Disability Employment Policy (ODEP) does not enforce the ADA, it does offer publications and other technical assistance on the basic requirements of the law, including covered employers’ obligation to provide reasonable accommodations to qualified job applicants and employees with disabilities. For a quick overview of the ADA read “The Americans with Disabilities Act: A Brief Overview.”
"The United States demands that H&R Block is fined a penalty to 'vindicate the public interest' and to award money to the individuals who sued the company. The ADA prohibits discrimination of disability by public accommodations in the 'full and equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations,'" the Justice Department said in joining the lawsuit.
The Department of Justice’s revised regulations for Titles II and III of the Americans with Disabilities Act of 1990 (ADA) were published in the Federal Register on September 15, 2010. These regulations adopted revised, enforceable accessibility standards called the 2010 ADA Standards for Accessible Design, "2010 Standards." On March 15, 2012, compliance with the 2010 Standards was required for new construction and alterations under Titles II and III. March 15, 2012, is also the compliance date for using the 2010 Standards for program accessibility and barrier removal.
· Psychiatric Service Dog is a dog that has been trained to perform tasks that assist individuals with disabilities to detect the onset of psychiatric episodes and lessen their effects. Tasks performed by psychiatric service animals may include reminding the handler to take medicine, providing safety checks or room searches, or turning on lights for persons with Post Traumatic Stress Disorder, interrupting self-mutilation by persons with dissociative identity disorders, and keeping disoriented individuals from danger.
Visual: Use a screen reader to help you navigate the site. Users who are blind must be able to understand any element on the site where they land and if it contains functionality such as a link. Several ways to emulate this are to close your eyes or turn your monitor around and navigate the site using the keyboard. If, you as a tester, land on an element and a screen reader cannot make sense of what the element is, that is an issue of ADA compliance. For users with poor vision or colorblindness, testers have to make sure colors are distinguishable, and these can include background colors, link colors, font colors, etc. Screen magnifiers are a great way to test for poor visibility. There is a great tool known as Color Oracle that can emulate what a user with colorblindness sees on the screen. If colors can’t be distinguishable, that is an issue of ADA compliance. Make sure text alternatives are provided to images that convey information (look at the alt tag on the code).
As you’ve probably figured out by now, the answer is no, because it’s not at all clear how or even if ADA rules will be applied to any particular website. Still, it’s generally a good idea to err on the side of caution. Many states have adopted their own accessibility laws, and the volume of accessibility-related lawsuits filed against websites has ballooned in recent years. Plaintiffs have been more successful in these suits than ever before. With no clearly defined regulations to follow, it is probably not worth it for most companies to gamble that a court will rule in their favor.
The Southwest ADA Center is a program of ILRU (Independent Living Research Utilization) at TIRR Memorial Hermann. The Southwest ADA Center is part of a national network of ten regional ADA Centers that provide up-to-date information, referrals, resources, and training on the Americans with Disabilities Act (ADA). The centers serve a variety of audiences, including businesses, employers, government entities, and individuals with disabilities. Call 1-800-949-4232 v/tty to reach the center that serves your region or visit http://www.adata.org.
 29 C.F.R. Pt. 1630 App. The EEOC, in the Interpretive Guidance accompanying the regulations, stated that guide dogs may be an accommodation...”For example, it would be a reasonable accommodation for an employer to permit an individual who is blind to use a guide dog at work, even though the employer would not be required to provide a guide dog for the employee.”
A. In most settings, the presence of a service animal will not result in a fundamental alteration. However, there are some exceptions. For example, at a boarding school, service animals could be restricted from a specific area of a dormitory reserved specifically for students with allergies to dog dander. At a zoo, service animals can be restricted from areas where the animals on display are the natural prey or natural predators of dogs, where the presence of a dog would be disruptive, causing the displayed animals to behave aggressively or become agitated. They cannot be restricted from other areas of the zoo.
A. In situations where it is not obvious that the dog is a service animal, staff may ask only two specific questions: (1) is the dog a service animal required because of a disability? and (2) what work or task has the dog been trained to perform? Staff are not allowed to request any documentation for the dog, require that the dog demonstrate its task, or inquire about the nature of the person's disability.
Many people with disabilities use a service animal in order to fully participate in everyday life. Dogs can be trained to perform many important tasks to assist people with disabilities, such as providing stability for a person who has difficulty walking, picking up items for a person who uses a wheelchair, preventing a child with autism from wandering away, or alerting a person who has hearing loss when someone is approaching from behind.
Many members of the business community opposed the Americans with Disabilities Act. Testifying before Congress, Greyhound Bus Lines stated that the act had the potential to "deprive millions of people of affordable intercity public transportation and thousands of rural communities of their only link to the outside world." The US Chamber of Commerce argued that the costs of the ADA would be "enormous" and have "a disastrous impact on many small businesses struggling to survive." The National Federation of Independent Businesses, an organization that lobbies for small businesses, called the ADA "a disaster for small business." Pro-business conservative commentators joined in opposition, writing that the Americans with Disabilities Act was "an expensive headache to millions" that would not necessarily improve the lives of people with disabilities.
Various courts around America have ruled that commercial websites are places of public accommodation and thus subject to ADA rules. Other cases have concluded that websites are bound by ADA regulations if there is a close “nexus” between the site and a physical location, the most famous example being the ruling against the Winn-Dixie supermarket chain for not making its site accessible to users with low vision. Other courts have decided that the ADA as written simply does not offer any protections for online users. With no overarching federal rules in place, it’s difficult to make a definitive statement about whether or not any given website is governed by ADA accessibility rules.
A. The ADA does not require covered entities to modify policies, practices, or procedures if it would “fundamentally alter” the nature of the goods, services, programs, or activities provided to the public. Nor does it overrule legitimate safety requirements. If admitting service animals would fundamentally alter the nature of a service or program, service animals may be prohibited. In addition, if a particular service animal is out of control and the handler does not take effective action to control it, or if it is not housebroken, that animal may be excluded.