FEW ADA COMPLAINTS FILED
AGAINST ILLINOIS MUNICIPALITIES

By ROBIN JOHNSON and NORMAN WALZER

While the Americans With Disabilities Act has generated a nationwide surge in litigation, few complaints have been filed against Illinois municipalities to force compliance, according to a recent survey.

The survey was conducted by the Illinois Municipal League, Local Government Affairs division of the Office of the Comptroller and Illinois Institute for Rural Affairs at Western Illinois University. Questionnaires were mailed to 1,282 municipalities in Illinois with 450 responses, a 35.1 percent response rate.

The survey gathered information on compliance efforts, associated costs involved and related management issues in Illinois municipalities. This article explores:

—complaints filed against municipalities;
—disabled employees working for municipalities;
—awareness training and ADA education;
—coordinator responsible for ADA compliance;
—ADA information sources; and
—utilization of consultants.

Litigation explosion. Upon passage of ADA in 1990, there were predictions of a huge increase in disability discrimination cases. The chairperson of the American Bar Association's Labor Law Committee predicted ADA would generate more employment lawsuits than any law since the Civil Rights Act of 1964. ¹

These forecasts were proven accurate. More than 40,000 employment discrimination charges have been filed with the Equal Employment Opportunity Commission (EEOC) in the past two years alone. This worsened a backlog of approximately 94,000 pending charges before the EEOC. ADA-related cases increased more than 30 percent from last year and this trend will probably continue into the future. ²

Many blame the surge in disability claims on the vagueness of the law. ADA disability cases involve coverage issues not found in race, sex or age discrimination cases. Disputes over the ambiguous language can only be resolved in the courts in most instances.

For example, activists, unable to get their cities to act, have filed complaints in several Illinois municipalities under ADA to prohibit leaf burning. They claim burning leaves restricts their breathing, which is one of the "life activities" protected under the Act. The U.S. Department of Justice has not issued a formal ruling yet but recommended restrictions leading to a total ban. ³

Only 21 municipalities in Illinois (4.7 percent of survey respondents), however, report complaints filed to force ADA compliance. Smaller towns have few facilities or services to make accessible to the disabled. Most larger cities have transition plans in place that make their facilities and programs accessible. If they are carrying out the restructuring, they probably will not face complaints. Also, disabled activists and groups have indicated a willingness to work with local governments.

Disabled employees. There is evidence to suggest that disabled people are among the most discriminated-against group in the U .S. In spite of prohibitions against discrimination in the Rehabilitation Act of 1973, one estimate is that only 37 percent of the working age population with disabilities are employed in the United States. Other studies suggest the number of disabled people who are employed has declined during the past two decades, from 41 percent to 33 percent. ⁴

In some instances, hiring disabled people can provide surprising benefits for employers. A company in North Carolina, for example, has seen its productivity increase and employee turnover decrease after hiring over 50 percent of its workforce from the ranks of the disabled. ⁵

Nearly one-fourth of the municipalities responding to the survey have employees with disabilities with most reporting one (45.2 percent) or two (30.1 percent) disabled employees (Figure 1). Hiring disabled employees varies with population size and only 8.8 percent

Figure 1. Municipalities with Disabled Employees

Source: ADA Survey of Municipal Governments, Fall 1994.

March 1995 / Illinois Municipal Review / Page 5

of towns with less than 1,000 people employ the disabled. On the other hand, 77.5 percent of cities larger than 25,000 people have disabled employees. Larger cities are more likely to have residents with disabilities than smaller towns.

ADA awareness. Municipalities with disabled employees are more likely to provide ADA awareness training and education programs to employees than those that do not. Overall, 29.2 percent of survey respondents report providing awareness training to employees compared with 52.8 percent of municipalities with disabled employees. Educational and awareness programs can address specific needs and limitations of employees with disabilities and reduce stereotypes.

An often-used and effective educational tool has local officials spending a day in a wheelchair to experience first-hand barriers faced by the disabled. The program provides local public officials with an awareness of obstacles faced and of structural changes needed to accommodate disabled residents. This approach was particularly useful for municipalities during the self-evaluation phase of the compliance process.

ADA coordinator. Most municipalities responding to the survey selected one person to coordinate ADA compliance and lead the self-evaluation and transition processes. The mayor/village president was ADA coordinator in 30.5 percent of the municipalities, followed by a department head such as public works director in 29.6 percent of municipalities; city administrator/manager in 22.9 percent and council member/ trustee in 16 percent.

Smaller communities are more likely to designate a mayor/village president or council member/trustee as coordinator because they have no full-time staff available. Larger cities are more likely to have a department head or manager/administrator as coordinator. However, those with a full-time, professional coordinator were no more likely to be in full compliance than those without.

ADA information. Municipalities have a variety of information sources about ADA. The source of information varies with size of municipality. Smaller towns are more likely to use ADA information from the Illinois Municipal League and the Department of Commerce and Community Affairs (DCCA) while larger cities are

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more likely to utilize information from the U.S. Department of Justice and E.E.O.C.

"Smaller towns may be more familiar and comfortable working with state organizations and agencies," according to Ken Alderson, executive director of the Illinois Municipal League. "They may be less likely to seek information from bureaucracies in Washington, D.C. Larger cities have a full-time, professional staff to consult with federal agencies."

Consultants. Another source of information for local officials is private contractors and consultants. Consultants can be useful to municipalities, especially smaller towns without a full-time staff, in providing accurate information and suggesting proper methods for compliance. They can also furnish assistance and expertise in the grant application process. There have been cases, however, when consultants prescribed costly, maximum changes, to sell their product, where a lesser remedy would have sufficed. ⁶

Approximately one-fourth (25.6 percent) of municipalities hired a consultant to assist in complying with ADA mandates and larger cities were slightly more likely to hire a consultant than smaller towns. Municipalities with consultants were more likely to receive state grant funds. Nearly all reporting municipalities who employed a consultant were satisfied with the assistance provided.

Although many, if not most municipalities are not yet in full compliance with ADA, steady progress is being made towards the goal of integrating disabled people into the society. By employing disabled people and making structural changes to programs and services, municipal governments can better serve all residents, regardless of physical ability.

Continuing education and ADA awareness training are also important for future compliance efforts, especially in smaller towns. Some municipal officials remain confused and apprehensive about ADA mandates. More effective communication and information can offer workable compliance strategies, a better understanding of the law, and the social and economic advantages of increasing opportunities for the disabled.

Robin Johnson is an administrative assistant with the Local Government Affairs division of the Office of the Comptroller. Norman Walzer is director of the Illinois Institute for Rural Affairs at Western Illinois University.

1. Wayne 0. Adams, "Get Ready for ADA-Now!," ADA Implementation Seminar, November 17, 1991.
2. Gerald D. Skoning, "Litigious Society Tests Disability Law," Chicago Tribune, December 6, 1994.
3. Janan Hanna, "Disability Act May Douse Burning Of Leaves For Good," Chicago Tribune, November 2.3, 1994, pg. 1.
4. Terry J. Moore and William Crimando, "Attitudes Toward Title I of the Americans With Disabilities Act,"
    Rehabilitation Institute, Southern Illinois University at Carbondale and Illinois State Chamber of Commerce, pg. 3.
5. RajuNarisetti, "Work Week," Wall Street Journal, January 24,1995, pg. 1.
6. Andre Henderson, "The Looming Disabilities Deadline," Governing, (December 1994) pg. 23.

March 1995 / Illinois Municipal Review / Page 7