Monday, February 16, 2015

What Law Applies? Part I

I often find people to be confused about this, and while the law can be a complicated matter, I thought I'd try to break it down a bit.  Let's start with the ADA.

The Americans with Disabilities Act (ADA)

There are actually four parts to the ADA.

Title I of the ADA - This says employers with 15 or more employees cannot discriminate against applicants or employees with disabilities, including those with service dogs, and must make reasonable accommodations, including allowing employees to bring service dogs to work (provided that it's reasonable to do so, which means there may be some jobs where you couldn't bring a service dog, like if you work in a kitchen or in a hospital operating room).  Note that this law does not apply to service dogs in training, only fully trained service dogs.  If you feel you've been discriminated against under this law, you can file a complaint with the Equal Employment Opportunity Commission (EEOC).

Title II of the ADA - This says state and local governments have to make reasonable accommodations for people disabilities, including those with service dogs.  It's the law that allows you to take your service dog to places like state or city recreational facilities or parks, state social service offices (like the food stamp or Medicaid office), state and local courts, public libraries, and town meetings.  It also applies to public schools and state colleges and universities, although you can be required to provide some documentation to verify you need a reasonable accommodation in those settings.  Note that this law does not apply to service dogs in training, only fully trained service dogs.  Also note that this law does not apply to the federal government, so places like the post office, federal courts, Social Security offices, VA hospitals and clinics, and national parks do not have to comply with the ADA but get to have their own rules.  If you feel you've been denied access or discriminated against under this law, you can file a complaint with the U.S. Department of Justice.

Title II of the ADA is also the law that says you can take your service dog on public trains, subways, buses and other forms of transportation (except for airplanes, which are covered by the Air Carriers Access Act).  If you feel you've  been denied access or discriminated against under this law, you can file a complaint with the Federal Transit Administration of the U.S. Department of Transportation.

Title III of the ADA - This says business and non-profits that serve the general public must make reasonable accommodations for people disabilities, including those with service dogs.  It's the law that allows you to take your service dog to places like restaurants, retail stores, hotels, movie theaters, private schools (you can be required to provide some documentation to verify you need a reasonable accommodation in a private school, just like in a public school), convention centers, doctors' offices, hospitals, homeless shelters, transportation depots, zoos (though some areas may be off limits), funeral homes, and recreation facilities including sports stadiums and fitness clubs. Transportation services provided by private entities are also covered by this law.  Note that this law does not apply to service dogs in training, only fully trained service dogs.  Note that some public places, like churches, are exempt.  If you feel you've been denied access or discriminated against under this law, you can file a complaint with the U.S. Department of Justice.

Title IV of the ADA -  This is about telephone and television access for people with hearing and speech disabilities.  It says telephone companies have to have a telephone relay service and federally funded public service announcements on TV must be closed captioned.  It has nothing to do with service dogs.  If you feel your rights have been violated under this law, you can file a complaint with the Federal Communications Commission.

And for more information, please visit this Guide to Disability Rights Laws provided by the U.S. Department of Justice.

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