[Electronics-talk] ADA [was "RE: ... ATM's"]

Steve Johnson stevencjohnson at centurytel.net
Sat Jul 3 21:58:43 UTC 2010


Christopher, you make a great point.  Although many cases are settled, and
we do not hear what the final outcome is, we can assume that after 20 years
after the signing of the ADA, things have indeed changed.  Now, with the
recent passage of the ADA Amendments act, the ADA is now protecting those
that the law was intended to instead of a person having to prove that they
were disabled first under this law.  Your are right on in saying that things
have changed and are much better than the were, and we can most certainly
expect more to come as 20 years ago was a whole lifetime and generation ago.
Look were computers, cellphones, and yes, even ATM's are now versus where
they back in 1990.  Thanks for the post,
Steve


-----Original Message-----
From: electronics-talk-bounces at nfbnet.org
[mailto:electronics-talk-bounces at nfbnet.org] On Behalf Of Christopher
Chaltain
Sent: Saturday, July 03, 2010 4:46 PM
To: 'Discussion of accessible electronics and appliances'
Subject: [Electronics-talk] ADA [was "RE: ... ATM's"]

How do you know that no one has been successfully prosecuted under the ADA?
If I go to http://www.allbusiness.com/specialty-businesses/922329-1.html, it
says the following:

"Evidence on Enforcement: Complaints and Resolutions"

"One slice of the implementation picture is provided through information
compiled by the Equal Employment Opportunity Commission (EEOC) on ADA
discrimination claims and their disposition. From the beginning of ADA
enforcement of Title I in July 1992 through the end of fiscal year 1998,
108,939 charges of discrimination were filed with the EEOC, and 106,988 were
resolved (Equal Employment Opportunity Commission, 1999) Charges rose to an
annual high of 19,798 in
1995 and
have since dropped annually to 17,806 by 1998. Of the complaints resolved as
of 1998, about 11% were resolved to the benefit of people with disabilities.
About 5% of resolutions were negotiated settlements where those making
charges received benefits, another 6% were cases where charges were
withdrawn upon receipt of benefits, and 1% were successful settlements where
relief was granted to the charger and all other adversely affected parties.
Most of the remaining resolutions were dropped because no probable cause was
found upon investigation or because of administrative closures (e.g.,
failure to locate charging party, charging party failed to respond to EEOC
communications, closed due to the outcome of related litigation, etc.)."

This tells me that in a 6 year period, over 10,000 cases were settled on
behalf of the disabled claimant. Maybe this isn't a resounding success, but
I'm not sure that makes it a joke either. This is also just one aspect of
the ADA, namely employment accommodations.

Also, just looking at successful prosecutions of just one aspect of the ADA
doesn't mean the ADA as a whole is a joke. How much have policies and
practices of companies and employers changed in response to the ADA and the
US federal governments public commitment to the rights of the disabled? The
URL I listed above provides a bit more information and discussion on how
successful the ADA has been.

I'm not saying the ADA is perfect, and I'm not saying it couldn't be
stronger, but I think things could be a lot worse with no legislation at all
or something even weaker. Hopefully everyone who feels the ADA is a joke is
working on their own or through a blindness advocacy group to strengthen the
law and the regulations associated with it.

--
Christopher
chaltain at gmail.com


-----Original Message-----
From: electronics-talk-bounces at nfbnet.org
[mailto:electronics-talk-bounces at nfbnet.org] On Behalf Of Gerald Levy
Sent: Saturday, July 03, 2010 2:14 PM
To: Discussion of accessible electronics and appliances
Subject: Re: [Electronics-talk] ATM's


The ADA is a joke.  Has anyone ever been criminally prosecuted for violating

a disabled person's civil rights under the ADA?  Of course not.  So banks
can routinely disregard the ADA with respect to accessible ATM's.  If they
get caught brading the rules, they simply pay the nominal fine and merely
raise their fees to cover it.  Just the cost of doing business. Personally,
I never use ATM's.  Any time I need cash, I just walk up to the customer
service desk at my local bank and the service rep assigned to my account
handles the transaction.  Safe and simple.

Gerald


----- Original Message -----
From: "Steve Johnson" <stevencjohnson at centurytel.net>
To: "'Discussion of accessible electronics and appliances'" 
<electronics-talk at nfbnet.org>
Sent: Saturday, July 03, 2010 2:38 PM
Subject: Re: [Electronics-talk] ATM's


> Just as an FYI, I looked at the Access Board and took it one step further 
> to
> see what the ADAAG held in regards to guidelines surrounding accessible
> ATM's.  It is very vague, and unlike so many other parts of the ADAAG, it
> lacks the specific elements an ATM should contain. So, the answer to my
> question is yes, there are specifications within the ADA governing access 
> to
> ATM's for the blind, but it is so vague that it creates a loophole for
> financial institutions to get through and around.  Fortunately to the work
> and strong advocacy of organizations such as the NFB, we see that larger
> financial companies realize that the market for this technology goes way
> beyond persons who are blind/visually impaired.
>
> Just my opinion,
>
> Steve
>
>
> -----Original Message-----
> From: electronics-talk-bounces at nfbnet.org
> [mailto:electronics-talk-bounces at nfbnet.org] On Behalf Of Carolyn Brock
> Sent: Saturday, July 03, 2010 12:40 PM
> To: Discussion of accessible electronics and appliances
> Subject: Re: [Electronics-talk] ATM's
>
> Good grief!  It's simply easier--and cheaper--for banks to have all the
> machines made to the same specifications, rather than worrying about where
> they should put accessible machines and where not.  For starters, they'd
> have to hire someone full-time to read all the chatter on lists like this
> one!  So each of us can just plain choose:  walk into the bank, walk up to
> an outside ATM, have a driver do the transaction for us, sit in the back
> seat and do the transaction ourselves, or skip the whole thing by using
> debit or credit cards for everything.  What's the big deal?
>
>
> --------------------------------------------------
> From: "Mike Freeman" <k7uij at panix.com>
> Sent: Saturday, July 03, 2010 10:26 AM
> To: "Discussion of accessible electronics and appliances"
> <electronics-talk at nfbnet.org>
> Subject: Re: [Electronics-talk] ATM's
>
>> Hey! I was joking.
>>
>> Mike
>>
>> ----- Original Message -----
>> From: "Tim Shaw" <tshaw2007 at hotmail.com>
>> To: <electronics-talk at nfbnet.org>
>> Sent: Saturday, July 03, 2010 9:40 AM
>> Subject: Re: [Electronics-talk] ATM's
>>
>>
>>>
>>> I have never been afraid of getting mugged. If you act confident you
>>> are no more likely to get mugged doing it that a person driving
>>> through the ATM is to get carjacked
>>>
>>>> From: k7uij at panix.com
>>>> To: electronics-talk at nfbnet.org
>>>> Date: Sat, 3 Jul 2010 09:26:01 -0700
>>>> Subject: Re: [Electronics-talk] ATM's
>>>>
>>>> And get mugged! <g>
>>>>
>>>> Mike
>>>>
>>>> ----- Original Message -----
>>>> From: "Joyce Porter" <joyce.m.porter at verizon.net>
>>>> To: "'Discussion of accessible electronics and appliances'"
>>>> <electronics-talk at nfbnet.org>
>>>> Sent: Saturday, July 03, 2010 6:34 AM
>>>> Subject: Re: [Electronics-talk] ATM's
>>>>
>>>>
>>>> > That would work if the cab driver would do it. Personally I'd much
>>>> > rather be able to walk up to it.
>>>> > Joyce
>>>> >
>>>> >
>>>> > -----Original Message-----
>>>> > From: electronics-talk-bounces at nfbnet.org
>>>> > [mailto:electronics-talk-bounces at nfbnet.org] On Behalf Of David
>>>> > Andrews
>>>> > Sent: Friday, July 02, 2010 11:09 PM
>>>> > To: Discussion of accessible electronics and appliances
>>>> > Subject: Re: [Electronics-talk] ATM's
>>>> >
>>>> > Yes, I do it regularly.
>>>> >
>>>> > Dave
>>>> > At 07:54 AM 7/2/2010, you wrote:
>>>> >>Actually, we (NFB) are advocating that such machines be accessible.
>>>> >>Could not you envision a circumstance wherein you were in a cab and
>>>> >>wanted cash so had the cabby pull up so the machine faced the back
>>>> >>window where you are?
>>>> >>
>>>> >>Mike
>>>> >>
>>>> >>----- Original Message ----- From: "Joyce Porter"
>>>> > <joyce.m.porter at verizon.net>
>>>> >>To: "'Discussion of accessible electronics and appliances'"
>>>> >><electronics-talk at nfbnet.org>
>>>> >>Sent: Friday, July 02, 2010 3:30 AM
>>>> >>Subject: Re: [Electronics-talk] ATM's
>>>> >>
>>>> >>
>>>> >>>Speaking of ATM's, my bank has one with speech but guess where it 
>>>> >>>is!
>
>>>> >>>It
>>>> > is
>>>> >>>at the drive-up window. Tell me how much sense that makes. That is
>>>> >>>the
>>>> >>>only ATM this bank has. Today I plan to call them.
>>>> >>>Joyce
>>>> >
>>>> >
>>>> >
>>>> >
>>>> > David Andrews: dandrews at visi.com
>>>> > Follow me on Twitter: http://www.twitter.com/dandrews920
>>>> >
>>>> >
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