Training private sector employees on Title III ADA compliance requirements

¶ … Organizational Analysis

The organization to be assessed for the training is an agency that provides Title III of the Americans with Disabilities Act training to the private sector. The agency contracts with private educational systems and business enterprises to ensure their operations, facility, and employees are compliant with federal law. The training would need to cover the language of the federal law, implementation of the law across various industry sectors that are represented by the businesses, and processes for assessing employee knowledge regarding the law.

The agency is charged with ensuring that the businesses they train understand the importance of removing all structural barriers in the public areas of existing facilities, in as much as the removal of these structural barriers is readily achievable. Moreover, the agency must be sure that trained employees understand that the Title III of the Americans with Disabilities Act (ADA) is designed to "afford every individual the opportunity to benefit from out country's businesses and services, and to afford our businesses and services the opportunity to benefit from the patronage of all Americans" ("Checklist," 1995, p. 1).

The Title III of the Americans with Disabilities Act stipulates certain details for the Americans with Disabilities Act Standards for accessible Design (Standards) according to the Americans with Disabilities Act Accessibility Guidelines (ADAAG), which was adopted by the Department of Justice, under the Department of Justice Title III Regulations, 28 CFR Part 36 (Nondiscrimination on the basis of disability…Final Rule). Section 36.304 is the most pertinent section of this regulation as it addresses barrier removal. Indeed, this section is the basis for much of the training that is provided to employees in the private sector who are responsible for the existing facilities.

Task Analysis

Since the Standards apply in full only to new construction and alterations, there are important discriminations that need to be conveyed to the employees receiving training. In addition to the technical specifications, there is a scoping provision for each technical item. These are used to clarify when access is required according to the standards, and what exceptions to the standards are allowed. Every state has its own regulations regarding accessibility. In order to be compliant with all state and local codes, the more stringent technical requirements of modifications should be selected. The more stringent a technical requirement is, the more access it provides for individuals with disabilities. Regardless, the barrier removal requirement that stands for existing facilities resides with the Title III of the Americans with Disabilities Act and supersedes any local or state codes that may be less stringent.

Given this background the following section articulates the important tasks and knowledge, skill, and behaviors that need to be emphasized in training for employees to complete their tasks regarding barriers to access.

Employees must be trained to establish and attend to priorities as they are outlined by Title III regulations for planning barrier removal projects that are achievable. Priority one is accessible approach and entrance. Priority two is access to goods and services. Priority three is access to rest rooms. Priority four is any other measures necessary. A survey is used to determine the status with regard to identifying barriers in existing facilities, ?developing solutions for removing these barriers, and setting priorities for implementing the improvements.

1. Floor plans must be obtained.

2. The survey must conducted, preferably by two or three people in the business or firm.

3. The barriers and solutions must be summarized.

4. Decisions must be made about how to address identified barriers, and priorities must be set.

5. Documentation must be maintained.

6. Indicated changes must be implemented as planned, and according to the Standards and the state and local codes.

7. Follow up must be scheduled and conducted, which includes an annual Implementation Plan.

Data Collection

The data collection processes will include focus groups, survey questionnaires, observation of facilities, and a review of documentation. The purpose of the focus groups is identify the overarching climate of the employees at the facility with regard to the Americans with Disabilities Act, and to ascertain any difficulties that can reasonably be expected to influence the training of employees. Observation of the facilities is an essential aspect of the training and it is integral to efforts to achieve compliance with Title III of the Americans with Disabilities Act. The Checklist for Existing Facilities is used during the facility observation. This establishes the status of the forward-looking work ("Checklist," 1995). A review of the documentation is actually a component of an official audit, but in preparation for the training, the documentation review will establish a basis for a self-audit, which will then be pegged to the training plan. The survey will be distributed to a random sample of employees across all levels of the organization in order to identify and guide the necessary training. The questionnaire focuses on basic knowledge of the Americans with Disabilities Act and knowledge about the efforts taken by the organization or the business to ensure optimal compliance with both the letter and the intention of Title III of the American with Disabilities Act.