Americans with Disabilites Act - Does it Apply?

[ecs]

What is the name of your state (only U.S. law)? New Jersey.

I have a certifiable hearing disability as defined by the Americans with Disabilites Act - an impairment to a major life function.

I am a member / shareholder in a small corporation. The corporation has meetings of members & takes votes via teleconference. I cannot participate by phone.

I have voluntarily disclosed my hearing disability and cited that the law (Title 15A) does not provide for teleconferencing of members' meetings unless authorized by the Board. The Board has not authorized them of record.

If they hold them anyway - and if I request a reasonable accomodation, are they responsible for supplying it in this scenario?

Or does this scenario not apply to - or fall under - the ADA?

The Board has told me to supply my own accomodation.

Any answers appreciated.

[You Are Guilty]

Originally Posted by ecs

What is the name of your state (only U.S. law)? New Jersey.

I have a certifiable hearing disability as defined by the Americans with Disabilites Act - an impairment to a major life function.

I am a member / shareholder in a small corporation. The corporation has meetings of members & takes votes via teleconference. I cannot participate by phone.

I have voluntarily disclosed my hearing disability and cited that the law (Title 15A) does not provide for teleconferencing of members' meetings unless authorized by the Board. The Board has not authorized them of record.

If they hold them anyway - and if I request a reasonable accomodation, are they responsible for supplying it in this scenario?

Or does this scenario not apply to - or fall under - the ADA?

The Board has told me to supply my own accomodation.

Any answers appreciated.

What exactly is it you want the Board to do? While you may be entitled to an accommodation, you are not necessarily entitled to the one that you want.

[ecs]

I simply want the Board to provide whatever technological accomodation would enable me to participate by phone - be it an amplification device or a visual one - at their expense, not mine - since they insist on teleconference meetings, that put me and my interests at a disadvantage.


Again - does this scenario apply to - or fall under - the ADA?

Thanks.

[quincy]

How small is this small corporation?

The ADA does not apply to company's with under 15 employees. A company with 15 or more employees must provide reasonable accommodations if to provide them does not cause an "undue hardship." It could be considered an undue hardship if the company does not have resources available to provide the accommodation (although most are relatively inexpensive to provide).

An application device or a visual device may not need to be provided by the company if the use of the device benefits you outside the work environment as well as in the work environment (in this case, you would be responsible for providing the device).

In order to get ANY accommodation under the ADA, you must request it.

[ecs]

This corporation is a condominium association, incorporated under Title 15 of the NJ statutes. There are 9 units (1 vote per unit), with a total of 16 owners of record - so, over 15. Would the ADA apply here, since there are 16 members of the corporation / association? - or - would it not apply since there are 9 units?

I might add that Title 15A of the NJ statues says that meetings of members must be held at the ofices of the corporation, unless the Board has fixed / establish alternative meeting places. There is no record of this Board having done so.

If the ADA is applicable to this situation I will request resonable accomodation, but I am trying to determine applicability - or not - of the ADA first.

Any assiatance is appreciated.