Ask About the ADA Podcast

Ask About: ADA International?

March 31, 2022 Northeast ADA Center Season 1 Episode 47
Ask About the ADA Podcast
Ask About: ADA International?
Show Notes Transcript

Does the Americans with Disabilities Act apply to an organization if they have an office in the US? Are there international certifications for products that are ADA-compliant? Determining when and where the ADA applies can be difficult, so this edition of Ask About the ADA is all about the law's jurisdiction.

NortheastADA.org

SPEAKER: Hello. Welcome to Ask About the ADA, the podcast where we answer your questions about the Americans with Disabilities Act, and how it applies to your everyday life. 

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On this week's edition of the podcast, we're going to answer two questions about how the ADA applies internationally. So that being said, let's jump right in. This comes from a college student who asks, I attend a college that is not based in the US but it has an office in New York, are they required to follow the ADA and provide me accommodations for school? 

The answer to this question is that schools that are based and operated in other countries don't need to follow US laws. So the Americans with Disabilities Act is going to be included in that. Now, with that being said, we have something that adds a wrinkle here in that they have an office that is based in New York. If there is a location that is based in the United States, then that part of the college or university would have to follow the ADA. So the office based in New York would have to follow things like the physical standards for the ADA, provide effective communication, and generally meet the other obligations that are required under the Americans with Disabilities Act. 

Now, there is something also to keep in mind here that often people get confused about, and that is that the ADA does apply in federal territories. And so places like Puerto Rico, the US Virgin Islands, Guam, the Marianas, these are places that are in fact covered by the Americans with Disabilities Act. So if a college or university is based in a US territory, they are subject to the Americans with Disabilities Act in its total. 

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Let's look at our next question. This one comes from a business, and they ask this, my company produces grab bars according to the standards set forth by the 2010 ADA Standards for Accessible Design. A customer, a shipyard in Europe, now asks for stamped certification that our grab bars are ADA compliant. Are there offices that offer ADA certification? 

We get a question like this or similar in nature quite a bit here at the Northeast ADA. And the answer is that, in fact, there are no ADA offices that provide any form of official certification that a product is ADA compliant. And people may often see online things that say ADA compliant. And that is basically just a goodwill testimony. There is no federal offices that offer such certification. 

Now, in terms of this specific question, there are requirements in the 2010 ADA Standards for Accessible Design related to grab bars, and they address things such as dimensions, design, placement. However, there is nothing in the 2010 standards that addresses certification. And so this person can't provide what the shipyard in Europe is asking for. There is no stamp for ADA approval, at least nothing that bears any weight because there simply is nothing set in the law that really provides for certification. 

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So as you hear, we often get questions that are based internationally here at the Northeast ADA Center because people have times and circumstances where the law impacts themselves or others abroad. If you have questions about how the ADA might apply in your situation, whether you're in the United States, its territories, or another country, feel free to reach us here at the Northeast ADA Center. You can visit our website, northeastada.org. You can find us on social media by looking for Northeast ADA on Facebook, LinkedIn, Instagram, or Twitter. And of course, if you live in New York, New Jersey, Puerto Rico, or the US Virgin Islands, you can reach us by telephone at 1-800-949-4232. 

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As always, I'd like to thank Grace Fairchild, our producer for the podcast and editor. Thank you as well to Peter Quinn of the Yang Tan Institute's media team for doing additional editing. And thank you all for listening and being a part of the conversation.