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• W305913758 abstract "[ILLUSTRATION OMITTED] The Americans with Disabilities Act is now almost two decades old. When it first took effect, the industry jumped through hoops to attain compliance. Banks widened doors, built ramps, adjusted teller windows, and redesigned and repositioned ATMs. There was a great effort to generate policies and procedures and to conduct training. Since then, ADA hasn't changed. Or has it? Rules on facilities have been revised and honed--including revisions to ATM compliance requirements made last year and effective next March--but fundamentally there has been little change to the concepts and elements of ADA. In spite of this, thinking that not much has changed is a perilous approach to take. Change without notice ADA is an example of where compliance changes and increases even though the regulation itself appears to be unchanged. ADA is about facilities that affect access to work and services, and about delivery of products and services. While there has been little change to the law, there has been enormous change in techniques for delivering services. Think about the tools you used in 1993 and the tools you use today. In 1993, there were tools to support sight-impaired and hearing-impaired customers. But those tools are now dramatically out of date. In 1993, iPads hadn't been invented. Laptops weighed a ton. Very few institutions actually had a computer on every desk. The Internet? Still in its infancy. And software? How many updates to your software programs have you purchased since? Get the picture? The rapid and continuing development of technology means that part of an ADA compliance program means regularly and frequently reviewing the systems and tools that you offer to consumers with disabilities and considering when to upgrade them. A program that was state-of-the-art in 1993 may not even be in the running in 2011. Accommodation must be reasonable. The trick is that what is reasonable is defined by currently available techniques. Those techniques keep changing. Roots of the Wells Fargo settlement The May 31, 2011, settlement agreement under Title III of ADA, between the U.S. Department of Justice and Wells Fargo illustrates--painfully--how the evolution of technology requires constant attention to the way in which you offer services to your customers and particularly customers with disabilities. It also provides a blueprint for compliance. (Visit the federal web page concerning the settlement at www.ada.gov/wellsfargo/index. htm.) Wells committed to a range of remedial steps, summarized below, and also agreed to up to $16 million in monetary relief to injured persons; donations 04 $1 million to certain veterans' organizations; and to $55,000 in civil penalties. [ILLUSTRATION OMITTED] The Wells Fargo case started with complaints from several individuals with hearing or speech disabilities. The complainants claimed that Wells Fargo violated Title III of ADA by limiting the ways in which a hearing-impaired individual could communicate with the bank. For people with disabilities, access to services such as banking products is a critically important issue that can have an effect not just on basic concerns such as mobility, but more broadly on their ability to work in satisfying and well-compensated jobs. Persons with disabilities are well aware of their rights. They tend to be relatively sophisticated as complainants and effectively identify issues and connect them to legal requirements. While DOJ was investigating the complaints against Wells Fargo, the department was also revising and updating the regulations implementing ADA. Information about the advances in technology and other capabilities was current and available to investigators. Wells Fargo acted in response to a concern that some people purporting to be relay service callers were in fact committing fraud. To respond to the aud concern, Wells Fargo limited access by relay calls and assumed that requiring hearing-impaired customers to communicate through other means would be sufficient. …" @default.
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• W305913758 date "2011-11-01" @default.
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• W305913758 title "ADA in the 21st Century: Wells Fargo Settlement Serves as Good Guide to Compliance with a Target That Moves While Seeming to Remain Still" @default.
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