AMERICAN'S WITH DISABILITIES ACT

Overview page for the American's With Disabilities Act

Links

ADA Government Website   

Florida Courts ADA Information   

TABLE OF CONTENTS

• Program or Service Assistance
• Employment Process Accommodations
• ADA Violation Remedies
• Information/Contacts

What is the ADA?

The Americans with Disabilities Act (ADA) of 1990 was enacted to ensure that all qualified individuals with disabilities enjoy the same opportunities that are available to persons without disabilities. The ADA gives civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, 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 ADA directly affects state courts as providers of public programs and services.

Under the act, an individual with a "disability" is a person who has a physical or mental impairment that substantially limits a major life activity, has a record of such an impairment, or is regarded as having such an impairment. Examples of physical impairments include: speech and hearing impairments, visual impairments, epilepsy, heart disease, HIV infection/AIDS, cancer, diabetes, and mobility impairments. Examples of mental impairments include: learning disabilities and psychological disorders.

The ADA is divided into five sections. Title I of the act prohibits unreasonable discrimination against qualified individuals based on a disability in all employment activities. Under Title II of the Act, no qualified individual with a disability shall be unreasonably discriminated against, or excluded from participation in or benefits of the services, programs, or activities of state and local government, including the judicial branch. Click Here to go to the ADA Title II Accommodation Request Page.Title III prohibits discrimination by public accommodations, that is, a private entity that owns, leases, or operates a place of public accommodations. Such a place is defined as, among other things, services by doctors, lawyers, accountants and other professionals. Title IV relates to telecommunications and Title V contains miscellaneous provisions.

Qualified Participants Under The Americans with Disabilites Act

PROGRAM OR SERVICE ASSISTANCE

Click Here to go to the ADA Title II Accommodation Request Page

Some physical barriers make it difficult for persons with a disability to participate in court services or programs. In some courthouses, witness and jury boxes may be inaccessible to wheelchairs or public information counters may be too high for some persons. In addition to architecturally renovating facilities to make them readily accessible to persons with disabilities, there are other methods of providing program access including relocating a service to enable a person with a disability to participate or seating several jurors, including a juror using a wheelchair, in front of the juror box.

Any device or aid that is designed to provide effective communication and participation for individuals with disabilities is an auxiliary aid or service. Examples of auxiliary aids or services include:

• assistive listening devices
• sign language interpreters
• oral interpreters
• real-time transcription services
• providing materials in large print, Braille, diskette, or audio tapes
• reader services

Services the State Courts System is not required to provide under the ADA include:

• transportation to the courthouse
• legal counsel or advice
• personal devices such as a wheelchair or hearing aid
• personal services such as medical or attendant care
• a modification of a policy or an auxiliary aid or service that would result in a fundamental alteration in the nature of the program or service, or would result in an undue burden

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EMPLOYMENT PROCESS ACCOMMODATIONS

Please contact the Court Operations or Administrative Service Manger if you are a person with a disability who needs a reasonable accommodation in order to participate in the employment application, recruitment, and selection process within the State Courts System, as much in advance as possible. Please be prepared to explain your functional limitations and suggest a reasonable accommodation that you believe will enable you to effectively participate in the application, recruitment, and selection process. If you are a current employee of, or are hired by, the State Courts System and require a reasonable accommodation in order to perform the essential functions of the job in question, you should consult with your supervisor.

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ADA VIOLATION REMEDIES

The 20th Judicial Circuit has established grievance procedures that allow for the resolution of complaints without resorting to federal complaint procedures. All persons have a right to pursue complaints of discrimination through the Courts System's internal complaint procedure. For further information, please contact the Operations or Administrative Service Manager. To view copy of the 20th Judicial Circuit Grievance Procedure click on the ling below. The ADA recommends resolving disputes on a local level if possible. Individuals who unsuccessfully pursue local remedies are not prevented from later seeking relief through the United States Department of Justice or the United States Equal Employment Opportunity Commission.

Click Here for ADA Title II Grievance Procedure & Form

 

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INFORMATION / CONTACTS FOR ADA ISSUES

Sheila Mann
Public Information Officer
Phone: (239) 533-1723
Fax: (239) 485-1014

James Sullivan
Operations Division Manager for Lee County
Phone: (239) 533-1700
Fax: (239) 533-1733

Jon Embury
Administration Services Manager for Charlotte County
Phone: (941) 637-2110
Fax: (941) 637-2283

John Carter
Administration Services Manager for Collier County
Phone: (239) 252-8800
Fax: (239) 774-8818

Dawn Oliver
Court Operations Manager for Glades/Hendry Counties
Phone: (863) 675-5229

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