 Mark Leeper has been the director of DAC since 1990. |
The Idaho Human Rights Act already offered protection against employment discrimination, but nondiscrimination provisions related to access to goods and services only applied to those who were denied access or faced unequal treatment on the basis of race, color, national origin, sex, or religion. Now, people with disabilities can enjoy those same protections. The Human Rights Act will require businesses to remove architectural barriers so long as doing so is readily achievable. Businesses will have to reasonably modify policies, practices, and procedures unless it is a fundamental alteration of the business methods/activities. They must offer auxiliary aids and services (Interpreters for the Deaf, large print, Braille, etc.) for effective communication access unless it results in an undue burden. Furhter, businesses will be required to ensure that eligibility criteria for participation in a service or activity are necessary for the provision of the service. |
Both persons with a disability and businesses will have access to a local regulatory agency for information about requirements under the law. This assistance is already available through Centers for Independent Living such as DAC, and the Idaho Task Force on the ADA. However, there is a degree of authority in communications directly with the enforcement agency. Secondly, people with disabilities will have a realistic recourse for dealing with access problems with local businesses. Enforcement under the ADA was difficult at best, as the US Department of Justice is not adequately staffed to effectively handle the number of complaints that come in. Too often individuals simply received a letter from Justice recommending that they procure the services of an attorney and file a suit in federal court. Unfortunately, despite claims by some such as Clint Eastwood that legions of attorneys are waiting to run up huge bills to charge innocent business owners, DAC has not been able to find a single attorney to take on Title III cases without charging an up-front fee.
Now individuals can talk directly to the Boise Human Rights Commission office to resolve complaints. It is still not an immediate process, but it is far faster and more user friendly far all parties than the federal system. The Idaho Human Rights Commission stresses conciliation and mediation as means of resolving complaints. Court is seen as a secondary measure only if agreement cannot be reached first and only if the Commissioners agree to pursue a court action.
DAC staff will be happy to assist with understanding both the contents of the Idaho Human Rights Act and the process to accessing its protections. Please feel welcome to call DAC or visit our website at www.dacnw.org.
Idaho Human Rights Commission:
| 1109 Main St. Ste. 400 PO Box 83720 Boise, ID 83720-0040 |
208-334-2873 Phone 888-249-7025 Toll Free 208-334-4751 TDD/TTY 208-334-2664 Fax |
Idaho Task Force on the ADA:
208-344-5590 Phone
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