News from the US Access Board

U.S. Access Board Seeks Information on Low Transfer Surface Height for Medical Diagnostic Equipment

The U.S. Access Board currently has an open comment period through May 27, 2022 regarding the appropriate low-height of medical diagnostic equipment with transfer surfaces, including examination tables and chairs and diagnostic imaging medical equipment with tables, so that the equipment can be adjusted to accommodate the broadest range of users. As indicated in the published notice, the Board continues to seek information on low transfer heights for adjustable medical diagnostic equipment products that are currently on the market and any changes or innovations in their design and engineering that may have occurred since the Board issued its medical diagnostic equipment accessibility standards.

In 2017, the Board published voluntary accessibility standards for medical diagnostic equipment. In these standards, the Board specified that the transfer surface of accessible diagnostic equipment used by patients in the supine, prone, side-lying, or seated position would have a specified high height of 25 inches, a low height of 17 to 19 inches, and 4 additional intermediate heights. The low-height provision was set as a range with a five-year sunset to allow the Board additional time to determine the appropriate low height dimension. The sunset period was recently extended, and the Board recently commissioned a statistical analysis to provide further insight into this issue. The study report is available on the Board's website.

Comments can be submitted via email to [email protected] through May 27, 2022. The Board encourages all interested parties to comment on this topic. For further information, contact Bobby Stinnette of the Board by email at [email protected] or by phone at 1-202-272-0021.

Also from the Access Board 

U.S. Access Board Webinar: Accessible Golf and Miniature Golf Facilities

U.S. Access Board Webinar: Accessible Golf and Miniature Golf Facilities

People with disabilities enjoy playing a round of golf or putt-putt during the summertime. The Americans with Disabilities Act (ADA) and the Architectural Barriers Act (ABA) Accessibility Standards address the design and construction of golf and miniature golf courses for accessibility. The next webinar in the U.S. Access Board's free monthly series will take place June 2 from 2:30 – 4:00 (ET) and will review the scoping and technical requirements for making golf and miniature golf facilities accessible. Board staff Bill Botten and Juliet Shoultz will review provisions for teeing grounds, putting greens, driving ranges, course weather shelters, golf car rental areas, bag drop areas, course toilet rooms, playing surfaces, start of play areas, and the golf club reach range. Presenters will also address frequently asked questions about accessible golf and miniature golf facilities.

Visit AccessibilityOnline for more information or to register. All webinars include video remote interpreting (VRI) and real-time captioning. Questions can be submitted in advance of the session or can be posed during the live webinar. Webinar attendees can earn continuing education credits. The webinar series is hosted by the ADA National Network in cooperation with the Board. Archived copies of previous Board webinars are available on the site.

Section 504 prohibits entities that receive federal money from discriminating against people with disabilities in hiring and program access.  Since the State of Kansas receives federal money, we must comply with the Section 504. Many ADA Coordinators also are responsible for compliance with Section 504. 

US Department of Education Proposing Amendments to Section 504 of the Rehabilitation Act of 1973 as amended

Office of Civil Rights (OCR) has announced that it intends to propose amendments to the Department’s regulations at 34 C.F.R. pt. 104, implementing Section 504 of the Rehabilitation Act of 1973. As part of this process, OCR is seeking written suggestions from the public about how best to improve the current regulations. It would be appreciated if longer and more detailed comments were submitted by the end of June 2022, but all comments submitted prior to the issuance of any notice of proposed rulemaking will be reviewed. Read more on their website. 

DOJ & EEOC Issue Guidance on Artificial Intelligence and the ADA

Today the U.S. Department of Justice (DOJ) and the U.S. Equal Employment Opportunity Commission (EEOC) each released a technical assistance document on artificial intelligence (AI) and the Americans with Disabilities Act (ADA). The DOJ’s guidance document, Algorithms, Artificial Intelligence, and Disability Discrimination in Hiring, provides a broad overview of how employers’ use of AI and other technologies in hiring and employment may result in unlawful discrimination against people with disabilities under Title I of the ADA. The press release is available here. To find out more about the guidance or the ADA, visit ada.gov or call the Justice Department's toll-free ADA information line at 1-800-514-0301 or 1-800-514-0383 (TDD). To find out more about the EEOC’s technical assistance document, visit The Americans with Disabilities Act and the Use of Software, Algorithms, and Artificial Intelligence to Assess Job Applicants and Employees or eeoc.gov.

Today the U.S. Department of Justice (DOJ) and the U.S. Equal Employment Opportunity Commission (EEOC) each released a technical assistance document on artificial intelligence (AI) and the Americans with Disabilities Act (ADA). The DOJ’s guidance document, Algorithms, Artificial Intelligence, and Disability Discrimination in Hiring, provides a broad overview of how employers’ use of AI and other technologies in hiring and employment may result in unlawful discrimination against people with disabilities under Title I of the ADA. The press release is available here. To find out more about the guidance or the ADA, visit ada.gov or call the Justice Department's toll-free ADA information line at 1-800-514-0301 or 1-800-514-0383 (TDD). To find out more about the EEOC’s technical assistance document, visit The Americans with Disabilities Act and the Use of Software, Algorithms, and Artificial Intelligence to Assess Job Applicants and Employees or eeoc.gov.

WASHINGTON – Today the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ) each released a technical assistance document about disability discrimination when employers use artificial intelligence (AI) and other software tools to make employment decisions.

Employers increasingly use AI and other software tools to help them select new employees, monitor performance, and determine pay or promotions. Employers may give computer-based tests to applicants or use computer software to score applicants’ resumes. Many of these tools use algorithms or AI. These tools may result in unlawful discrimination against people with disabilities in violation of the Americans with Disabilities Act (ADA).

The EEOC released a technical assistance document, “The Americans with Disabilities Act and the Use of Software, Algorithms, and Artificial Intelligence to Assess Job Applicants and Employees,” focused on preventing discrimination against job seekers and employees with disabilities. Based on the ADA, regulations, and existing policy guidance, this document outlines issues that employers should consider to ensure that the use of software tools in employment does not disadvantage workers or applicants with disabilities in ways that violate the ADA. The document highlights promising practices to reduce the likelihood of disability discrimination. The EEOC technical assistance focuses on three primary concerns under the ADA:

- Employers should have a process in place to provide reasonable accommodations when using algorithmic decision-making tools;

- Without proper safeguards, workers with disabilities may be “screened out” from consideration in a job or promotion even if they can do the job with or without a reasonable accommodation; and

- If the use of AI or algorithms results in applicants or employees having to provide information about disabilities or medical conditions, it may result in prohibited disability-related inquiries or medical exams.

The DOJ’s guidance document, “Algorithms, Artificial Intelligence, and Disability Discrimination in Hiring,” provides a broad overview of rights and responsibilities in plain language, making it easily accessible to people without a legal or technical background. This document:  

- Provides examples of the types of technological tools that employers are using;

- Clarifies that, when designing or choosing technological tools, employers must consider how their tools could impact different disabilities;

- Explains employers’ obligations under the ADA when using algorithmic decision-making tools, including when an employer must provide a reasonable accommodation; and

- Provides information for employees on what to do if they believe they have experienced discrimination.

“New technologies should not become new ways to discriminate. If employers are aware of the ways AI and other technologies can discriminate against persons with disabilities, they can take steps to prevent it,” said EEOC Chair Charlotte A. Burrows. “As a nation, we can come together to create workplaces where all employees are treated fairly. This new technical assistance document will help ensure that persons with disabilities are included in the employment opportunities of the future.”

“Algorithmic tools should not stand as a barrier for people with disabilities seeking access to jobs,” said Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division. “This guidance will help the public understand how an employer’s use of such tools may violate the Americans with Disabilities Act, so that people with disabilities know their rights and employers can take action to avoid discrimination.”

The EEOC’s technical assistance document is part of its Artificial Intelligence and Algorithmic Fairness Initiative to ensure that the use of software, including artificial intelligence (AI), used in hiring and other employment decisions complies with the federal civil rights laws that the EEOC enforces. In addition to its technical assistance, the EEOC released a summary document providing “Tips for Job Applicants and Employees.”

The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov.