Resources for Trustees

The United States Government Printing Office (GPO) is the portal for legal information at a federal level. The Federal Digital System (FDsys) provides links to:

• The Code of Federal Regulations (CFR).
• Congressional Bills.
• Congressional Documents.
• Congressional Hearings.
• The Congressional Record.
• Congressional Reports.
• The United States Constitution.
• The Federal Register.
• Economic Indicators.
• United States Code.
• United States Courts Opinions.

Federal laws that are of particular relevance to libraries include:

• Americans with Disabilities Act of 1990 (ADA) (including changes made by the ADA Amendments Act of 2008 (P.L. 110-325)
  The U.S. Department of Justice ADA Home Page provides numerous links related to the ADA, including the 2010 ADA Standards for Accessible Design and the ADA Best Practices Tool Kit for State and Local Governments “… to assist state and local officials to improve compliance with Title II of the Americans with Disabilities Act (ADA) in their programs, services, activities, and facilities.”

• What process can be used to define reasonable accommodation under ADA?

  According to MRSC:

  Title II of the Americans with Disabilities Act (ADA) requires that state and local governments give individuals with disabilities and their immediate relations an equal opportunity to benefit from all of their programs, services, and activities. Note, however, that public entities are not required to take actions that would result in undue financial and administrative burdens. They are required to make reasonable modifications to policies, practices, and procedures where necessary to avoid discrimination, unless they can demonstrate that doing so would fundamentally alter the nature of the service, program, or activity being provided. 

  The State of Washington also has a law prohibiting discrimination against people with disabilities called the Washington Law Against Discrimination (WLAD) at chapter 49.60 RCW. In Hartleben v. University of Washington, 194 Wn. App. 877 (2016), the court held that allowing a disabled student to attend school free of tuition would fundamentally alter the university's business model, therefore the student did not qualify for accommodation under the WLAD.

  “When an accommodation would fundamentally alter a service, it is not reasonable. Here, the University provides classes in exchange for payment of tuition. Providing classes without collecting tuition fundamentally alters its business model.”

  Id. at 890. Under each of these laws, it would be a reasonable position for the library to say that a child running around the library interfering with other patrons who are attempting to utilize the library's services would fundamentally alter the service being offered by the library. Libraries provide a free, quiet place to get work done without interference, and allowing a child to run around unmonitored fundamentally alters that service.

  If there is a conference room with Wi-Fi available, if the library is able, it could work with the patron to designate a time for him to come in and utilize a laptop computer for a certain amount of time in the conference room. Also, if this patron visits again and cites the ADA as requiring accommodation, the library could ask the person to make a reasonable accommodation request in writing, and then the library could develop an appropriate response at that time.

  While MRSC can provide general guidance on this subject, the ADA is not an area of expertise. The U.S. Department of Justice maintains an Info Line (800-514-0301) for ADA Compliance. It may be worth calling to discuss this issue with them. The Washington State Human Rights Commission is responsible for enforcing the WLAD.

• Children's Internet Protection Act (CIPA)
  The Federal Communications Commission has created a page dedicated to CIPA, including links to related guides and additional information. The American Library Association provides links to helpful resources related to CIPA, including FAQs and CIPA legal briefs.
• The U.S. Copyright Office's web site, Copyright Law of the United States and Related Laws Contained in Title 17 of the United States Code provides the latest version of U.S. Copyright Law. Stanford University's web page, Copyright & Fair Use, offers late-breaking news, as well as links to primary materials related to copyright. ALA offers a number of resources for libraries, including information about Digital Rights Management, on their Copyright page.
• Equal Opportunity Employment and Affirmative Action (EOEE)
  The U.S. Equal Employment Opportunity Commission web page, Laws Enforced by EEOC provides a list and descriptions of the following:
  • Title VII of the Civil Rights Act of 1964 (Title VII)
    This law makes it illegal to discriminate against someone on the basis of race, color, religion, national origin, or sex. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. The law also requires that employers reasonably accommodate applicants' and employees' sincerely held religious practices, unless doing so would impose an undue hardship on the operation of the employer's business.
    
    Note: The U.S. Department of Labor Civil Rights Center provides links to statutes and regulations related to the Civil Rights Act.
    • The Pregnancy Discrimination Act
      This law amended Title VII to make it illegal to discriminate against a woman because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.
  • The Equal Pay Act of 1963 (EPA)
    This law makes it illegal to pay different wages to men and women if they perform equal work in the same workplace. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.
  • Age Discrimination in Employment Act of 1967 (ADEA)
    The ADEA prohibits employment discrimination against persons 40 years of age or older. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.
  • Titles I and V of the Americans with Disabilities Act of 1990 (ADA)
    This law makes it illegal to discriminate against a qualified person with a disability in the private sector and in state and local governments. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. The law also requires that employers reasonably accommodate the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless doing so would impose an undue hardship on the operation of the employer's business.
  • Sections 102 and 103 of the Civil Rights Act of 1991
    Among other things, this law amends Title VII and the ADA to permit jury trials and compensatory and punitive damage awards in intentional discrimination cases.
• Fair Labor Standards Act (FLSA) - The United States Department of Labor Wage and Hour Division states, “The FLSA establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments. The Wage and Hour Division (WHD) web site includes a number of tools and links to laws and regulations.
• The USA PATRIOT Act - The U.S. Department of Justice provides background information on the Act. The American Library Association has created a web site on Intellectual Freedom which includes information on the USA PATRIOT Act.

The U.S. Equal Employment Opportunity Commission provides a number of helpful resources including:

• Laws and regulations.
• Prohibited practices against job applicants and employees.
• Types of discrimination prohibited.
• No-Cost Outreach and Education Programs for employees, employers, community organizations, and other members of the general public.