Laws and Policies
The University of Minnesota is a leader in Information Technology (IT) innovation, development, and implementation. Remaining a leader requires that the abilities and preferences of IT consumers and the technologies at their disposal be considered. Doing so will result in benefits for the University, members of its community, and beyond.
Easier, faster, less expensive resource management
Compatibility with new, emerging, and alternative technologies
Improved access for everyone.
Although these and other benefits provide strong incentive, compliance with laws and policies must also be considered.
General
ADA
Section 508
Section 504
MN Human Rights Act
MN Nonvisual Technology Access Standards
University of Minnesota
General
College Students with Disabilities: Litigation Trends by Laura F. Rothstein, J.D. This Article provides an overview of the two major statutory
provisions relating to college students with disabilities: the ADA and
Section 504 of the Rehabilitation Act. The remaining three sections of the article discuss additional topics related to students with disabilities and the law.
Key statutory concepts affecting college student issues.
Review of the major areas of impact for colleges and
the recent court decisions in those areas.
Likely areas of future litigation.
Guide to Disability Rights Laws by U.S. Department of Justice Guide to Disability Rights laws organized by statute.
Americans with Disabilities Act (ADA)
Individuals with Disabilities Education Act (IDEA) — Section 503 & 504
Architectural Barriers Act — Section 508
Statute Citations and more.
List of Web Accessibility-Related Litigation and Settlements by Karl Groves A list of lawsuits and settlements directly related to web accessibility. Each case is listed with its plaintiff(s), defendant(s), the year in which it occurred, and an URL at which you can find out more details.
Americans with Disabilities Act (ADA)
The Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. §§ 12101 et seq.) prohibits discrimination on the basis of disability in employment, State and local government, public accommodations, commercial facilities, transportation, and telecommunications.
Title I: Employment
Title I requires employers with 15 or more employees to provide qualified individuals with disabilities an equal opportunity to benefit from the full range of employment-related opportunities available to others. For example, it prohibits discrimination in recruitment, hiring, promotions, training, pay, social activities, and other privileges of employment. It restricts questions that can be asked about an applicant's disability before a job offer is made, and it requires that employers make reasonable accommodation to the known physical or mental limitations of otherwise qualified individuals with disabilities, unless it results in undue hardship. Religious entities with 15 or more employees are covered under title I.
Title II: State and Local Government Activities
Title II covers all activities of State and local governments regardless of the government entity's size or receipt of Federal funding. Title II requires that State and local governments give people with disabilities an equal opportunity to benefit from all of their programs, services, and activities (e.g. public education, employment, transportation, recreation, health care, social services, courts, voting, and town meetings).
Public entities are not required to take actions that would result in undue financial and administrative burdens. They are required to make reasonable modifications to policies, practices, and procedures where necessary to avoid discrimination, unless they can demonstrate that doing so would fundamentally alter the nature of the service, program, or activity being provided.
Title III: Public Accommodations
Title III covers businesses and nonprofit service providers that are public accommodations, privately operated entities offering certain types of courses and examinations, privately operated transportation, and commercial facilities. Public accommodations are private entities who own, lease, lease to, or operate facilities such as restaurants, retail stores, hotels, movie theaters, private schools, convention centers, doctors' offices, homeless shelters, transportation depots, zoos, funeral homes, day care centers, and recreation facilities including sports stadiums and fitness clubs. Transportation services provided by private entities are also covered by title III.
Title IV: Telecommunications Relay Services
Title IV addresses telephone and television access for people with hearing and speech disabilities. It requires common carriers (telephone companies) to establish interstate and intrastate telecommunications relay services (TRS) 24 hours a day, 7 days a week. TRS enables callers with hearing and speech disabilities who use telecommunications devices for the deaf (TDDs), which are also known as teletypewriters (TTYs), and callers who use voice telephones to communicate with each other through a third party communications assistant. The Federal Communications Commission (FCC) has set minimum standards for TRS services. Title IV also requires closed captioning of Federally funded public service announcements.
U.S. Department of JusticeADA.gov homepage
Section 508
Section 508 of the Rehabilitation Act of 1973, as amended 29 U.S.C. § 794 (d) requires that when Federal departments or agencies develop, procure, maintain, or use electronic and information technology they must ensure that the technology allows Federal employees with disabilities to have access to and use of information and data that is comparable to the access to and use of information and data by employees who are not individuals with disabilities, unless an undue burden would be imposed on the department or agency.
Section 508 also requires that individuals with disabilities who are members of the public seeking information or services from a department or agency have access to and use of information and data that is comparable to that provided to the public who are not individuals with disabilities.
Standards were published in the Federal Register on December 21, 2000 and are enforceable as of June 21, 2001. These standards are applicable to the states by virtue of Section 101 (e) (3) of the Tech Act where it states that each state receiving a grant under this Tech Act must abide by the assurance it submitted under Section 103 of the previous Tech Act of 1988.
U.S. General Services AdministrationGSA Section 508 and Accessibility
U.S. Architectural and Transportation Barriers Compliance BoardUnited States Access Board Home
Section 504
Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794) provides individuals with disabilities with basic civil rights protection against discrimination in Federal programs. The law states that "no otherwise qualified handicapped individual in the United States shall, solely by reason of his (or her) handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance."
Section 504 assures equal opportunities for children and youth with disabilities in schools receiving Federal funds — preschools, elementary and secondary schools, and postsecondary institutions. Agencies that persist in acts of discrimination face the loss of Federal funds. Along with school districts, this includes colleges and universities, vocational education and adult education programs, state and local governments, places of employment, hospitals and clinics, and public and private groups of all kinds which receive Federal financial assistance.
U.S. Department of JusticeADA.gov homepage
Minnesota Human Rights Act
The Minnesota Human Rights Act (MHRA) protects persons within the following protected classes: race, color, creed, religion, sex, national origin, disability, age, marital status, sexual orientation, status with regard to public assistance, and familial status. The areas included in the MHRA are: employment, housing, public accommodations, public services, education, retaliation (called reprisal under the Human Rights Act), and aiding and abetting, as it pertains to individuals in their capacity as management employees.
Minnesota Department of Human Rights
Minnesota Nonvisual Technology Access Standards
The Minnesota Non-Visual Technology Access Standards require non-visual access standards be included in all contracts for the procurement of information technology by and for the use of, agencies, political subdivisions, and the Minnesota state colleges and universities. The standards must include effective, interactive control and use of the technology, require information technology compatibility, integration into networks used to share communications, and have the capability of providing equivalent access by non-visual means to telecommunications or other interconnected network services used by individuals who are not blind or visually impaired.
University of Minnesota Policies
The University of Minnesota is committed to providing equitable access to information and information technology associated with administration and services, courses of instruction, departmental programs, and University-sponsored activities. Access to Web content and applications, digital materials and information technologies is essential for full participation by people with disabilities, who may have difficulty accessing specific forms of information.
People with visual impairments who may be unable to directly access print materials.
People who are Deaf or hard of hearing who may be unable to directly access spoken or other auditory information
People with mobility impairments who may be unable to hold print materials, pens/pencils or easily interact with other communications technologies.
People with learning disabilities who may have difficulty acquiring and/or conveying information in specific formats, modes or settings.
Incorporating principles of universal design in the development, acquisition and implementation of resources ensures access by the widest possible audience — including users with disabilities.
Disability Resource Centerdrc@umn.edu Disability Resource Center