Friday, June 15, 2007
Tweet[IWS] CRS: DISABILITIES--ADA & Public Transportation Provider Obligations [11 June 2007]
IWS Documented News Service
_______________________________
Institute for Workplace Studies----------------- Professor Samuel B. Bacharach
School of Industrial & Labor Relations-------- Director, Institute for Workplace Studies
Cornell University
16 East 34th Street, 4th floor---------------------- Stuart Basefsky
New York, NY 10016 -------------------------------Director, IWS News Bureau
________________________________________________________________________
Congressional Research Service (CRS)
Order Code RS22676
June 11, 2007
Public Transportation Providers' Obligations Under the Americans with Disabilities Act (ADA)
Anna Henning, Law Clerk, American Law Division
http://www.opencrs.com/rpts/RS22676_20070611.pdf
[full-text, 5 pages]
Summary
The Americans with Disabilities Act (ADA), 42 U.S.C. ยงยง12101 et seq., is a broad
non-discrimination statute that includes a prohibition of discrimination in public
transportation. To prevent such discrimination, the ADA imposes several affirmative
obligations on transportation providers, including a requirement that providers offer
separate "paratransit" service, or accessible origin-to-destination service, for eligible
individuals with disabilities. Under the statute, the level of such service must be
"comparable" to the level of service offered on fixed route systems to individuals
without disabilities. Department of Transportation regulations implement this
"comparable" standard with specific requirements regarding the scope and manner of
paratransit service. Regarding the time taken by providers to respond to individuals'
requests for paratransit service, recent case law suggests that providers' legal obligation
under the ADA and accompanying regulations is to avoid discriminatory "patterns or
practices" of service. For more information on the ADA, see CRS Report 98-921, The
Americans with Disabilities Act (ADA): Statutory Language and Recent Issues, by
Nancy Lee Jones.
______________________________
This information is provided to subscribers, friends, faculty, students and alumni of the School of Industrial & Labor Relations (ILR). It is a service of the Institute for Workplace Studies (IWS) in New York City. Stuart Basefsky is responsible for the selection of the contents which is intended to keep researchers, companies, workers, and governments aware of the latest information related to ILR disciplines as it becomes available for the purposes of research, understanding and debate. The content does not reflect the opinions or positions of Cornell University, the School of Industrial & Labor Relations, or that of Mr. Basefsky and should not be construed as such. The service is unique in that it provides the original source documentation, via links, behind the news and research of the day. Use of the information provided is unrestricted. However, it is requested that users acknowledge that the information was found via the IWS Documented News Service.
Stuart Basefsky
Director, IWS News Bureau
Institute for Workplace Studies
Cornell/ILR School
16 E. 34th Street, 4th Floor
New York, NY 10016
Telephone: (607) 255-2703
Fax: (607) 255-9641
E-mail: smb6@cornell.edu
****************************************
_______________________________
Institute for Workplace Studies----------------- Professor Samuel B. Bacharach
School of Industrial & Labor Relations-------- Director, Institute for Workplace Studies
Cornell University
16 East 34th Street, 4th floor---------------------- Stuart Basefsky
New York, NY 10016 -------------------------------Director, IWS News Bureau
________________________________________________________________________
Congressional Research Service (CRS)
Order Code RS22676
June 11, 2007
Public Transportation Providers' Obligations Under the Americans with Disabilities Act (ADA)
Anna Henning, Law Clerk, American Law Division
http://www.opencrs.com/rpts/RS22676_20070611.pdf
[full-text, 5 pages]
Summary
The Americans with Disabilities Act (ADA), 42 U.S.C. ยงยง12101 et seq., is a broad
non-discrimination statute that includes a prohibition of discrimination in public
transportation. To prevent such discrimination, the ADA imposes several affirmative
obligations on transportation providers, including a requirement that providers offer
separate "paratransit" service, or accessible origin-to-destination service, for eligible
individuals with disabilities. Under the statute, the level of such service must be
"comparable" to the level of service offered on fixed route systems to individuals
without disabilities. Department of Transportation regulations implement this
"comparable" standard with specific requirements regarding the scope and manner of
paratransit service. Regarding the time taken by providers to respond to individuals'
requests for paratransit service, recent case law suggests that providers' legal obligation
under the ADA and accompanying regulations is to avoid discriminatory "patterns or
practices" of service. For more information on the ADA, see CRS Report 98-921, The
Americans with Disabilities Act (ADA): Statutory Language and Recent Issues, by
Nancy Lee Jones.
______________________________
This information is provided to subscribers, friends, faculty, students and alumni of the School of Industrial & Labor Relations (ILR). It is a service of the Institute for Workplace Studies (IWS) in New York City. Stuart Basefsky is responsible for the selection of the contents which is intended to keep researchers, companies, workers, and governments aware of the latest information related to ILR disciplines as it becomes available for the purposes of research, understanding and debate. The content does not reflect the opinions or positions of Cornell University, the School of Industrial & Labor Relations, or that of Mr. Basefsky and should not be construed as such. The service is unique in that it provides the original source documentation, via links, behind the news and research of the day. Use of the information provided is unrestricted. However, it is requested that users acknowledge that the information was found via the IWS Documented News Service.
Stuart Basefsky
Director, IWS News Bureau
Institute for Workplace Studies
Cornell/ILR School
16 E. 34th Street, 4th Floor
New York, NY 10016
Telephone: (607) 255-2703
Fax: (607) 255-9641
E-mail: smb6@cornell.edu
****************************************
# posted by SBasefsky : 10:56 AM
