This document contains 17 multiple choice questions about the Americans with Disabilities Act (ADA). It provides key details about the ADA including that it was signed into law in 1990 by President George H.W. Bush, an estimated 43 million Americans are disabled, and the ADA defines a person with a disability as someone with a physical or mental impairment that substantially limits a major life activity. It also discusses provisions of the ADA regarding accessibility in public accommodations and sports facilities, reasonable accommodations, and two relevant legal cases - Anderson v. Little League Baseball and PGA Tour v. Casey Martin.
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Chapter 6
1. CHAPTER 6 DISCUSSION QUESTIONS
1) What President signed the Americans with Disabilities Act into law, & in what
year?
2) It is estimated that how many Americans are disabled?
3) Specific to sport facilities, what does the statute state managers must provide?
4) Wheelchair seating must comprise at least what % of the stadium total?
5) What does Section 504 of the Rehabilitation Act of 1973 state?
6) How does Section 504 of the Rehabilitation Act define a "qualified handicapped
person?"
7) What did the Amateur Sports Act of 1978 encourage?
8) With respect to an individual, "disability" refers to what?
9) What are the 5 components of the ADA?
10) What does Title III of the ADA state?
11) What must anyone interested in pursuing a Title III claim prove?
12) What are public accommodations & commercial facilities?
13) How does the ADA generally define "readily achievable?”
14) Any newly constructed facility, or any facility of public accommodation
occupied after what date must meet ADA guidelines?
15) What is dispersed seating?
16) What is the order of the Department of Justice's priority list for facility
alterations?
17) Summarize the Anderson v. Little League Baseball, Inc. case.
18) Performing an ADA-specific facility evaluation serves what 2 purposes?
2. DEVELOP A LIST OF ISSUES THAT A HANDICAPPED
PERSON WOULD ENCOUNTER AT FPU.
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3. ADA
AMERICANS with DISABILITIES ACT
-A WIDE-RANGING CIVIL RIGHTS LAW THAT PROHIBITS UNDER
CERTAIN CIRCUMSTANCES, DISCRIMINATION BASED ON
DISABILITY.
1) WHAT PRESIDENT SIGNED THE ADA INTO LAW & IN WHAT
YEAR?
-SIGNED INTO LAW ON JULY 26, 1990 BY PRESIDENT GEORGE H.
W. BUSH.
4. PURPOSE
-PROVIDES A CLEAR & COMPREHENSIVE NATIONAL MANDATE FOR
THE ELIMINATION OF DISCRIMINATION AGAINST INDIVIDUALS WITH
DISABILTIES.
2) IT IS ESTIMATED THAT HOW MANY AMERICANS ARE DISABLED?
43 MILLION
8) WITH RESPECT TO AN INDIVIDUAL, HOW DOES THE ADA DEFINE A
PERSON WITH A DISABILITY?
1) HAS A PHYSICAL OR MENTAL IMPAIRMENT THAT
SUBSTANTIALLY LIMITS ONE OR MORE MAJOR LIFE ACTIVITES.
2) HAS A RECORD OF
SUCH IMPAIRMENT, OR
3) IS REGARDED AS
HAVING SUCH IMPAIRMENT.
6. EEOC
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION
-ESTABLISHED JULY 2, 1965 BY PRESIDENT
LYNDON JOHNSON.
-EEOC IS AN INDEPENDENT FEDERAL AGENCY
THAT ENFORCES LAWS AGAINST
WORKPLACE DISCRIMINATION.
-INVESTIGATES DISCRIMINATION COMPLAINTS
BASED ON AN INDIVIDUAL’S RACE, COLOR,
NATIONAL ORIGIN, RELIGION, SEX, SEXUAL
ORIENTATION, AGE, DISABILITY, &
RETALIATION FOR REPORTING &/OR
OPPOSING A DISCRIMINATORY PRACTICE.
-IS EMPOWERED TO FILE DISCRIMINATION
SUITS AGAINST EMPLOYERS ON BEHLAF OF
ALLEGED VICTIMS & TO ADJUDICATE CLAIMS
OF DISCRIMINATION BROUGHT AGAINST
7. 5) SECTION 504 OF THE REHABILITATION ACT OF 1973
“NO OTHERWISE QUALIFIED HANDICAPPED INDIVIDUAL IN THE
U.S. SHALL SOLELY BY REASON OF HIS HANDICAP, BE
EXCLUDED FROM PARTICIAPTION IN, BE DENIED THE BENEFITS
OF, OR BE SUBJECTED TO DISCRIMINATION UNDER ANY
PROGRAM OR ACTIVITY RECEIVING FEDERAL FINANCIAL
ASSISTANCE.”
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8. 7) WHAT DID THE AMATEUR SPORTS ACT OF 1978
ENCOURAGE?
THE DEVELOPMENT OF AMATEUR ATHLETIC PROGRAMS
FOR HANDICAPPED INDIVIDUALS.
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9. ADAAA
ADA AMENDMENTS ACT
-SIGNED INTO LAW ON SEPTEMBER 25, 2008 BY PRESIDENT
GEORGE W. BUSH.
-MAKES IMPORTANT CHANGES TO THE DEFINITION OF THE
TERM “DISABILITY” BY REJECTING THE HOLDINGS IN SEVERAL
SUPREME COURT DECISIONS & PORTIONS OF EEOC’S ADA
REGULATIONS.
-THE ACT RETAINS THE ADA’S BASIC DEFINITION OF
“DISABILITY.”
10. 9) WHAT ARE THE 5 ADA 5 COMPONENTS
3) DISCRIMINATION IN EMPLOYMENT
4) STATE & LOCAL GOVERNMENT CONCERNS
5) PUBLIC ACCOMMODATION
6) TELECOMMUNICATIONS
7) MISCELLANEOUS
11. THE ADA & SPORTS FACILITIES
3) WHAT DOES THE STATUTE STATE THAT MANAGERS MUST
PROVIDE FOR INDIVIDUALS WITH DIABILITIES?
“REASONABLE ACCOMMODATIONS”
DEMONSTRATING A GOOD FAITH EFFORT TO MAKE THE
FACILITY AS DISABILITY-FRIENDLY AS POSSIBLE FOR USERS &
EMPLOYEES.
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12. 4) WHEELCHAIR SEATING MUST COMPRISE AT LEAST
WHAT % OF THE STADIUM TOTAL?
1%
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13. 12) WHAT ARE PUBLIC ACCOMMODATIONS& COMMERCIAL
FACILITIES?
ENTITIES THAT ARE OPERATED BY PRIVATE ENTITIES WHOSE
OPERATIONS AFFECT COMMERCE.
-THESE ENTITIES INCLUDE: RESTAURANTS, HOTELS, MUSEUMS,
LIBRARIES, PARKS, ETC (SEE TABLE 6.1 ON PAGE 86)
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14. 10) WHAT DOES TITLE III OF THE ADA STATE?
“NO INDIVIDUAL SHALL BE DISCRIMINATED AGAINST ON THE BASIS OF
DISABILITY IN THE FULL & EQUAL ENJOYMENT OF THE GOODS, SERVICES,
FACILITIES, PROVILEGES, ADVANTAGES, OR ACCOMMODATIONS OF ANY
PLACE OF PUBLIC ACCOMMODATION BY ANY PERSON WHO OWNS,
LEASES, OR OPERATES A PLACE OF PUBLIC ACCOMMODATION.”
11) WHAT MUST ANYONE INTERESTED IN PURSUING A TITLE III CLAIM PROVE?
• THE INDIVIDUAL IS DISABLED.
• THE SPORT BUSINESS REPRESENTS A “PRIVATE ENTITY” OPERATING A
“PLACE OF PUBLIC ACCOMMODATIONS.”
• THE PERSON WAS DENIED THE OPPORTUNITY TO “PARTICIPATE IN OR
BENEFIT FROM SERVICES OR ACCOMMODATIONS ON THE BASIS OF
HIS/HER DISABILITY,” & THAT REASONABLE ACCOMMODATIONS COULD
BE MADE THAT DO NOT FUNDAMENTALLY ALTER OPERATIONS OF THE
SPORT BUSINESS.
15. 13) HOW DOES THE ADA GENERALLY DEFINE “READILY
ACHIEVABLE?”
“BEING EASILY ACCOMPLISHABLE & ABLE TO BE CARRIED OUT
WITHOUT MUCH DIFFICULTY OR EXPENSE.”
-ANY MEASURES TAKEN SHALL NOT POSE A SIGNIFICANT RISK TO
THE HEALTH OR SAFETY OF INDIVIDUALS WITH DISABILITIES OR
OTHERS.
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16. 14) ANY NEWLY CONSTUCTED FACILITY, OR ANY FACILITY OF PUBLIC
ACCOMMODATION OCCUPIED AFTER WHAT DATE, MUST MEET ADA
GUIDELINES?
JANUARY 16, 1993
15) WHAT IS DISPERSED SEATING?
PROVIDES PEOPLE WITH DISABILITIES, THEIR FAMILIES, & FRIENDS WITH A
CHOICE OF ADMISSION PRICES & VIEWS COMPARABLE TO TO THOSE OF THE
GENERAL PUBLIC.
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17. 16) WHAT IS THE ORDER OF THE DEPARTMENT OF
JUSTICE’S PRIORITY LIST FOR FACILITY ALTERATIONS?
• AN ACCESSIBLE ENTRANCE.
• AN ACCESSIBLE ROUTE TO THE ALTERED AREA.
• AT LEAST 1 ACCESSIBLE RESTROOM FOR EACH SEX
OR A SINGLE UNISEX RESTROOM.
• ACCESSIBLE TELEPHONES.
• ACCESSIBLE DRINKING FOUNTAINS.
18. 18) WHAT 2 PURPOSES DOES PERFORMING AN ADA-SPECIFIC
FACILITY EVALUATION SERVE?
• TO SET A TIMELINE FOR COMPLETION OF THE ANY IDENTIFIED
ALTERATIONS OR RENOVATIONS.
• TO PROVIDE DOCUMENTATION OF THE FACILITY’S DUE DILIGENCE
IN IDENTIFYING & INSTITUTING REASONABLE ACCOMMODATIONS.
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19. 17) ANDERSON V. LITTLE LEAGUE BASEBALL, INC.
-LITTLE LEAGUE BASEBALL HAD ENACTED A POLICY TO PROHIBIT
WHEELCHAIR-BOUND COACHES FROM COACHING FROM THE
COACH’S BOX.
-”Coach in wheel chair may coach from the dugout, but cannot be in the
coachers box. Little League must consider the safety of the youth playing
the game, and they should not have the added concern of avoiding a
collision with a wheel chair during their participation in the game.”
-LAWRENCE ANDERSON WAS A DISABLED ON-FIELD BASE COACH IN
L.L. FOR 3 YEARS & SUED L.L. INC IN 1992.
-THE COURT RULED IN FAVOR OF ANDERSON SAYING THAT LITTLE
LEAGUE WAS NOT ABLE TO PROVE THAT INDIVIDUALS WITH
DISABILITIES POSE A “DIRECT THREAT” TO THE HEALTH & SAFETY OF
THE PLAYERS.
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21. -MARTIN SUFFERS FROM A BIRTH DEFECT IN HIS RIGHT
LEG KNOWN AS KLIPPEL TRENAUNAY WEBER SYNDROME,
A CIRCULATORY DISORDER THAT MAKES WALKING FOR
LONG PERIODS EXTREMEFULLY PAINFUL. EVENTUALLY,
MARTIN MAY NEED TO HAVE THE LEG AMPUTATED.
-IN 1997 HE SUED THE PGA FOR THE RIGHT TO USE A GOLF
CART DURING COMPEITION UNDER THE ADA. HE WON.
-IN 2001 THE PGA APPEALED THE DECISION TO THE
SUPREME COURT.
-THE PGA ARGUED THAT ITS POLICY OF REQUIRING
GOLFERS TO WALK IS AN IMPORTANT ASPECT OF THE
GAME OF GOLF.
-THE SUPREME COURT FOUND IN FAVOR OF MARTIN IN A
7-2 DECISION, FINDING THAT ALLOWING A DISABLED
GOLFER TO USE A CART WILL NOT FUNDAMENTALLY
CHANGE THE GAME.