Some provisions of the Americans With Disabilities Act are a year old today.In that year, officials say they have not seen the barrage of complaints or lawsuits they expected. But the number is growing.
The ADA bans discrimination because of disability. Year-old requirements include accessibility for businesses that serve the public and a ban on state and local government discrimination in providing services. A six-month-old portion of the act says those who employ more than 25 people can't discriminate in hiring practices because of a disability.
That provision, Title 1, has sparked 105 complaints in Utah, including 62 from people who said they were fired because of disability, seven who said hiring practices were discriminatory and 25 who say employers would not make reasonable accommodation. Nationally there were 2,469 employment complaints by the end of November.
Although local numbers aren't available for Title 2 - state and local government complaints - the Justice Department has recorded 887 complaints nationally. Public accommodation complaints totaled 776 as of Dec. 23.
"ADA is not a one-time shot, it's a process," said Tamara Wharton, Governor's Council for People with Disabilities. "But I think most of the problems are unintentional. People are confused. The more they learn, the more they realize they need to know. We're finding folks who haven't had any exposure to ADA, though they need to implement it."
The news, she said, is far from being all bad. Many companies have complied, both in hiring and in accessibility.
Some, like Winegar's and Dan's Food grocery stores say they always tried to be accessible to disabled customers because it's the right thing to do. Since it became law, they have made some physical modifications, like improving handicapped parking spaces and broadening aisles.
"We put up vertical signs to mark the parking spots, and signage that indicates we're more than happy to help anyone who needs additional help," said Bill Winegar. "We took down a divider in the women's room so it's more accessible.
"We've always cared for our customers. I'm just sorry they had to pass a law," said Winegar. "It hasn't really been expensive. The scariest thing for business is there are so many unknowns and everyone's afraid they'll be the ones who get in trouble. The law is vague enough that someone could understand it one way and someone else another."
That fear has been a real problem, Wharton said. The Governor's Council is eager to provide training or answer questions. "We're making progress, but we've got a long way to go."
The ADA Implementation Committee has formed an Alternative Dispute Resolution Subcommittee to develop a local complaint resolution system. The act encourages alternate dispute resolution methods of negotiation, fact-finding, mediation and arbitration if possible.
Among ADA complaints received in Utah:
- A deputy in a rural Utah County lost his job after he was injured at work. He could no longer be a deputy, officials said. He believes the county could have found another slot for him.
- A woman in a senior resident center says she is not allowed to have lunch with her friends in the dining room because she uses a wheelchair.
- A Utah district court is being sued for rejecting a potential juror because he is deaf.
- A doctor refused to treat a patient who is deaf if she wanted an interpreter. He said his office is a private office, not a public accommodation, although he serves the public, Wharton said.
Other complaints include lack of snow removal and inadequate handicapped parking.
Complaints filed federally are either assigned in-house for investigation or transferred to other agencies. A small percentage have been dismissed.
For information on ADA, call 533-4128.