Tag Archives: discrimination

Universal design

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Universal design

Universal Design makes things safer, easier and more convenient for everyone.
Universal Design involves designing products and spaces so that they can be used by the widest range of people possible. Universal Design evolved from Accessible Design, a design process that addresses the needs of people with disabilities. Universal Design goes further by recognizing that there is a wide spectrum of human abilities. Everyone, even the most able-bodied person, passes through childhood, periods of temporary illness, injury and old age. By designing for this human diversity, we can create things that will be easier for all people to use.

Who Does Universal Design Benefit?
Everyone.
Universal Design takes into account the full range of human diversity, including physical, perceptual and cognitive abilities, as well as different body sizes and shapes. By designing for this diversity, we can create things that are more functional and more user-friendly for everyone. For instance, curb cuts at sidewalks were initially designed for people who use wheelchairs, but they are now also used by pedestrians with strollers or rolling luggage. Curb cuts have added functionality to sidewalks that we can all benefit from.

What can be Universally Designed?
Everything.

  • Universal Design can apply to anything that can be designed, including products like door handles, kitchen utensils and smartphones.
  • Universal Design can be applied to architecture and the built environment, including public and commercial buildings, as well as residential buildings and family homes.
  • Universal Design can also be applied to the community at large through urban planning and public transportation.

Universal Design vs. the Americans with Disabilities Act
The Americans with Disabilities Act (ADA) is a piece of legislation that protects the civil rights of people with disabilities by ensuring that they are not unfairly denied access to job opportunities, goods or services due to their disability. The ADA includes the 2010 ADA Standards for Accessible Design, which outlines accessibility requirements for buildings and facilities. There is a great deal of overlap between what is required under the ADA and what would be suggested by Universal Design, but there are also differences. The ADA outlines the bare minimum necessary in order to curb discrimination against people with disabilities, while Universal Design strives to meet the best practices for design, which are always evolving and improving as we continue to learn more about how to best meet people’s different needs. The ADA focuses solely on the civil rights of people with disabilities, while Universal Design is designed with everyone in mind. The ADA does not apply to single family residences, while Universal Design can and should.

Below are some examples of universal designs:

Low Force Flooring Materials
There is actually a reason that short, stiff carpets and hard surface floors are found in most public buildings. If you use a wheelchair, you know how difficult it can be to push through even slightly plush carpet. Wheelchairs, handcarts, strollers – they are all easier to operate on hard surfaces.

Seamless Room Transitions
Room thresholds are most common in transitions between areas of carpeting and hard surfaces, and those lips can be not only difficult, but painful to maneuver over. Sticking to a consistent flooring style and removing those thresholds can make a huge impact on ease of maneuvering an interior.

Access for Pools
An hour of freely moving around in the water gives people with severe arthritis, muscle atrophy, and more a way to recover and live a significantly more pain-free life. This is why an increasing number of public pools have accessible chairs on metal arms by the side of the pool.

Lever Handles Instead of Knobs
Knobs, while being visually more appealing, require quite a bit more arm and wrist torque to move the bolt. Lever handles require both less force and overall motion.

Close Captioning/Large Print
Tablets, eReaders, smartphones, and more have shortcuts to increase font size easily – another great example of subtle universal design. This is the same principle behind why Netflix, YouTube and others alike now have captioning built in. Disability or not, these features can make life easier.

 

False Assumptions About DisAbilities and Employment

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More than 80% of Americans with disAbilities are unemployed.  Most of these people would very much prefer to be employed.  Sometimes the barriers to employment are related to the disAbility itself, and sometimes the barriers are created by co-workers and employers in the form of false assumptions.

It’s not fair.
The Americans with Disabilities Act (ADA) is a civil rights law that prohibits discrimination against Americans who have disAbilities. The ADA requires employers with 15 employees or more to make “reasonable accommodation” to enable a person with a disAbility to perform at his or her job.  The accommodations level the play field so that a person with a disAbility can make contributions in the workplace.  In other words, accommodations make the workplace more fair, not less fair.

Employees with disAbilities are too expensive.
More than half of all workplace accommodations or adjustments cost nothing to the employer.  These include accommodations such as permitting sitting instead of standing, or standing instead of sitting.  For the accommodations that do require an expenditure, there is typically a one-time cost of about $500 (such as a wheelchair-accessible desk), which quickly pays for itself in the form of increased productivity, decreased insurance and training costs and longer tenure of the employee.

There’s no proof that this person can do the job.
In most cases, the only way to prove this is to go ahead and do the job.  If proof of ability were to be required of every applicant, no one would ever be able to get his or her first job and no one would ever be promoted to higher levels of responsibility.  This assumption is a good example of blatant discrimination.

All new employees should be healthy.
Employers are prohibited from asking employees about medical conditions either before or after being hired, but they are allowed to ask if an applicant is capable of performing the job requirements.  Medical screenings are permitted as long as all employees go through the same screening for job-related requirements.  The truth is that many new employees have some type of pre-existing medical condition, such as a thyroid disease, a pregnancy or a history of depression.  The same consideration must be given to employees with disAbilities, according to the ADA.  Every applicant deserves to be considered on the basis of past qualifications and present job requirements.

Disability Discrimination Facts

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Disability Discrimination
Disability discrimination occurs when an employer or other entity covered by the Americans with Disabilities Act, as amended, or the Rehabilitation Act, as amended, treats a qualified individual with a disability who is an employee or applicant unfavorably because she has a disability.

Disability discrimination also occurs when a covered employer or other entity treats an applicant or employee less favorably because she has a history of a disability (such as cancer that is controlled or in remission) or because she is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if she does not have such an impairment).

The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause significant difficulty or expense for the employer (“undue hardship”).

The law also protects people from discrimination based on their relationship with a person with a disability (even if they do not themselves have a disability). For example, it is illegal to discriminate against an employee because her husband has a disability.

Note: Federal employees and applicants are covered by the Rehabilitation Act of 1973, instead of the Americans with Disabilities Act. The protections are mostly the same.

Definition Of Disability
Not everyone with a medical condition is protected by the law. In order to be protected, a person must be qualified for the job and have a disability as defined by the law.

A person can show that he or she has a disability in one of three ways:

  • A person may be disabled if he or she has a physical or mental condition that substantially limits a major life activity (such as walking, talking, seeing, hearing, or learning).
  • A person may be disabled if he or she has a history of a disability (such as cancer that is in remission).
  • A person may be disabled if he is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment).


Disability Discrimination & Work Situations
The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.

Disability Discrimination & Harassment
It is illegal to harass an applicant or employee because he has a disability, had a disability in the past, or is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment).

Harassment can include, for example, offensive remarks about a person’s disability. Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that aren’t very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).

The harasser can be the victim’s supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.

Disability Discrimination & Reasonable Accommodation
The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause significant difficulty or expense for the employer.

A reasonable accommodation is any change in the work environment (or in the way things are usually done) to help a person with a disability apply for a job, perform the duties of a job, or enjoy the benefits and privileges of employment.

Reasonable accommodation might include, for example, making the workplace accessible for wheelchair users or providing a reader or interpreter for someone who is blind or hearing impaired.

While the federal anti-discrimination laws don’t require an employer to accommodate an employee who must care for a disabled family member, the Family and Medical Leave Act (FMLA) may require an employer to take such steps. The Department of Labor enforces the FMLA. For more information, call: 1-866-487-9243.

Disability Discrimination & Reasonable Accommodation & Undue Hardship
An employer doesn’t have to provide an accommodation if doing so would cause undue hardship to the employer.

Undue hardship means that the accommodation would be too difficult or too expensive to provide, in light of the employer’s size, financial resources, and the needs of the business. An employer may not refuse to provide an accommodation just because it involves some cost. An employer does not have to provide the exact accommodation the employee or job applicant wants. If more than one accommodation works, the employer may choose which one to provide.

Disability & Medical Exams During Employment Application & Interview Stage
The law places strict limits on employers when it comes to asking job applicants to answer medical questions, take a medical exam, or identify a disability.

For example, an employer may not ask a job applicant to answer medical questions or take a medical exam before extending a job offer. An employer also may not ask job applicants if they have a disability (or about the nature of an obvious disability). An employer may ask job applicants whether they can perform the job and how they would perform the job, with or without a reasonable accommodation.

Disability & Medical Exams After A Job Offer For Employment
After a job is offered to an applicant, the law allows an employer to condition the job offer on the applicant answering certain medical questions or successfully passing a medical exam, but only if all new employees in the same type of job have to answer the questions or take the exam.

Disability & Medical Exams For Persons Who Have Started Working As Employees
Once a person is hired and has started work, an employer generally can only ask medical questions or require a medical exam if the employer needs medical documentation to support an employee’s request for an accommodation or if the employer believes that an employee is not able to perform a job successfully or safely because of a medical condition.

The law also requires that employers keep all medical records and information confidential and in separate medical files.