Portable Sanitation Association International

Association Insight July 22, 2020

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ASSOCIATIONINSIGHT Portable Sanitation Association International News BIWEEKLY EDITION JULY 22, 2020 Page 8 Continued on page 12 Americans with Disabilities Act (ADA) The ADA was designed to address barriers to employment, transportation, public accommodations, public services, and telecommunications. The Act gives civil rights protections to individuals with disabilities, similar to those provided to individuals on the basis of race, color, gender, national origin, age, and religion. It guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, state and local government services, and telecommunications. The portable sanitation industry must be conscious of the requirements of the ADA with respect to: • The circumstances under which handicap accessible units must be provided • How many ADA-compliant units are required • The path of travel to an ADA-compliant unit Who must comply with the ADA? The ADA has three sections or "titles," and each lists the persons or entities covered under that section. Broadly, the following groups are subject to the ADA: • Employers with 15 or more employees • State and local governments, both in their roles as employers and as providers of public programs and services • Employment agencies • Labor unions • Private entities that are considered places of public accommodation When must persons with disabilities be accommodated? Persons with disabilities must be accommodated in all aspects of public life except when doing so would impose an "undue hardship" on the covered entity or present a hazard to others. Consequently, nearly all public events must be accessible in compliance with the ADA. A private entity that owns, operates, leases, or leases to, a place of public accommodation is also subject to the ADA. Places of public accommodation include a wide range of entities, such as restaurants, hotels, theaters, doctors' offices, pharmacies, retail stores, museums, libraries, parks, private schools, and day care centers. In what circumstances are there exceptions? • Private membership clubs and religious organizations are exempt from the ADA's requirements for public accommodations. • Portable toilet units at construction sites used exclusively by construction personnel are also exempt.

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