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RE: Can ADA be counterproductive (was Re: Legal leg to st

From: Seelman, Kate <Kate_Seelman@ed.gov>
Date: Tue, 23 Mar 1999 13:32:00 -0500
Message-Id: <199903231835.NAA09513@www10.w3.org>
To: "\"'WAI Interest Group'\" " <w3c-wai-ig@w3.org>, "\"'Sophie Latulippe'\" " <lsophie@total.net>, "\"Waddell; Cynthia\" " <cynthia.waddell@ci.sj.ca.us>
Cc: "\"'Multiple Recipients of List'\" " <uaccess-l@trace.wisc.edu>, "\"'Cal-Wild List'\" " <cal-wild@igc.org>
     See:  Berven, H.M.and Blanck, P.D. (1998). The Economics of the 
     American with Disabilities Act Part II.  Notre Dame Journal of Law, 
     Ethics & Public Policy, Volume 12 (1)
     Blanck, P.D. (1997).  The Economics of the Employment Provisions of 
     the Americans with Disabilities Act:  Part I--Workplace 
     Accommodations.  DePaul Law Review, Volume 46 (4) Summer 1997.

______________________________ Reply Separator
Subject: RE: Can ADA be counterproductive (was Re: Legal leg to stand
Author:  "Waddell; Cynthia" [SMTP:cynthia.waddell@ci.sj.ca.us] at USDOED
Date:    3/23/99 1:09 PM

I would like to correct an erroneous assumption in the attached email that 
states that the Americans with Disabilities Act does not apply outside the 
US.  This is not true.
Under the Employment Title of the ADA, the definition of employee includes 
US citizens who work for American companies, their subsidiaries, or firms 
controlled by Americans outside the US.  Under the ADA, a US citizen working

for a US company overseas could request that a website include accessible 
design as a reasonable accommodation.  However, a company would not have to 
comply with the ADA if the action required by the ADA would violate the host

country's laws.
Setting US employment civil rights aside, there are also protections under 
the ADA for consumers regardless of their citizenship or status.  All 
businesses covered under the ADA are required to provide "effective 
communication" in the provision of their programs, goods and services. 
American companies, their subsidiaries or firms controlled by Americans 
outside the US must comply with the ADA.  This is similar to the case of 
American cruise lines operating in international waters.  Cruise patrons, 
regardless of citizenship, have the right to nondiscrimination in their 
access to the cruise line programs, services and facilities.
In summary, US businesses overseas generally cannot escape the compliance 
requirements set forth under the ADA.  Further discussion about the ADA can 
be found at "Applying the ADA to the Internet: A Web Accessibility Standard"

at http://www.rit.edu/~easi/law/weblaw1.htm as well as at "Is Your Site 
ADA-Compliant? or a Lawsuit-in-Waiting?" at The Internet Lawyer 
The above technical assistance is intended to provide a general 
understanding of the current law relating to the Americans with Disabilities

Act.  It is not to be regarded as legal advice.  Companies or individuals 
with particular questions should seek advice of counsel.
Cynthia D. Waddell
ADA Coordinator
City of San Jose, CA USA
Cynthia D. Waddell   Cynthia.Waddell@ci.sj.ca.us 
ADA Coordinator       City of San Jose, CA
801 North First Street, Room 460
San Jose, California 95110-1704
(408)971-0134 TTY
(408)277-3885 FAX
> ----------
> From:      Sophie Latulippe
> Sent:      Tuesday, March 23, 1999 6:48 AM 
> To:      'WAI Interest Group'
> Subject:      Re: Can ADA be counterproductive (was Re: Legal leg to stand

> on?)
> Ok guys!!!   Let me summarize the problem the way I see it.  On the one
> hand, the ADA is an excellent incentive for people in the United States to

> make life easier for people with disabilities and I don't think anybody
> contests that fact.
> The problem lies outside the U.S..  The fact is that you cannot use the 
> outside the US as an incentive to make web sites accessible. It is where 
> it
> could have a counter-effect, making people feel that, since the law only 
> concerns the US, other people don't have to make any effort of making
> their
> web sites accessible.
>  What is, then, the best way to deal with it.  Point the ADA as an 
> example?
> Or, rather, leaving ADA out, finding incentives that people of every 
> country
> could relate to.
> I believe that the answer lies somewhere between both extremes and through

> open-minded discussions...
> Sincerely
> Sophie Latulippe
> Quebec, Canada
> > I wonder,
> >
> > how many of you who rail against the ADA actually have a disability? 
> How
> > many of you are unemployed because you are disabled?  How many of you 
> are
> > denigrated and looked down upon?  How many of you face condescending 
> people
> > who tell you it is amazing that you can do what you do?  How many of you

> are
> > disabled and have any understanding of what most people with 
> disabilities
> > face in their everyday lives?  How many of you ever experienced not 
> being
> > able to find an accessible restroom? 
> >
> > Sincerely,
> >
> > Mike Burks
> > -----Original Message-----
> > From: Brian Kelly <lisbk@ukoln.ac.uk> 
> > To: Kynn Bartlett <kynn-hwg@idyllmtn.com>
> > Cc: 'WAI Interest Group' <w3c-wai-ig@w3.org> 
> > Date: Tuesday, March 23, 1999 8:37 AM
> > Subject: Can ADA be counterproductive (was Re: Legal leg to stand on?) 
> >
> >
> >>
> >>Kynn Bartlett said:
> >>
> >>
> >>> My _guess_ is that you won't be able to use this approach on them. 
> >>> I would suspect that an economic motive would work better rather
> >>> than a legal one
> >>
> >>Kynn's comments (which I'd agree with - especially as the ADA is not
> >>relevant to most of the world!) reminds me that I've heard rumours that 
> > some
> >>websites have been removed, rather than made accessible, when threatened

> >>with the ADA.  Can anyone confirm this?
> >>
> >>Thanks
> >>
> >>Brian Kelly
> >>------------------------------------------------------ 
> >>Brian Kelly, UK Web Focus
> >>UKOLN, University of Bath, BATH, England, BA2 7AY
> >>Email:  b.kelly@ukoln.ac.uk     URL:    http://www.ukoln.ac.uk/ 
> >>Homepage: http://www.ukoln.ac.uk/ukoln/staff/b.kelly.html
> >>Phone:  01225 323943            FAX:   01225 826838 
> >>
> >
> >
> >
Received on Tuesday, 23 March 1999 13:35:55 UTC

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