Subtitle 4 – Reserved

“ADA” means the Americans with Disabilities Act of 1990, as amended, and the federal regulations promulgated pursuant thereto, as amended.

“ADA Coordinator” means a designated City employee from each agency who shall report directly to the head of the agency and is responsible for coordinating compliance with all relevant local, State, and federal laws addressing accessibility.

“Agency” has the meaning stated in Article 1, § 2(j) of the City Charter.

“Companion” means a family member, friend, or associate of an individual with a disability who is an appropriate person with whom an agency should communicate to assist the individual with a disability.

“Disability” has the meaning stated in 42 U.S.C. § 12102, and shall be construed broadly in favor of expansive coverage to the maximum extent permitted by the terms of the ADA, the Rehabilitation Act, and State and City laws.

“Discriminate” has the meaning stated in 28 C.F.R. § 35.130 {“General prohibitions against discrimination”}.

“Mayor’s Office of Immigrant Affairs” or “MIMA” means the Mayor’s Office of Immigrant Affairs as established in § 54-2 {“Office established”} of this Article 1, or its successor.

“Office of Equity and Civil Rights” or “OECR” means the Baltimore City Office of Equity and Civil Rights, or its successor.

“Qualified individual with a disability” means an individual with a disability who, with or without reasonable modifications to the City of Baltimore’s rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by the City of Baltimore.

“Qualified sign language interpreter” means a sign language interpreter who meets the requirements of Title 9, Subtitle 24, Part III of the State Government Article of the Annotated Code of Maryland.

“Reasonable accommodation” means an adjustment to a job, work environment, application process, or another employment-related activity that enables a qualified individual with a disability to apply for a job, perform an essential job function, and enjoy equal employment opportunities.

“Reasonable modification” means a change in a policy, practice or procedure that is required to offer an individual with a disability equal participation in, or equal access to, the benefits of a City service, program, or activity.

“Rehabilitation Act” means the federal Rehabilitation Act of 1973, as amended, and the federal regulations promulgated pursuant thereto, as amended.

“Service animal” means an animal that is individually trained to do work or perform tasks for an individual with a disability.

”Undue burden” means that, after consideration of all resources available for use in the funding and operation of a program, service, or activity, the provision of a requested reasonable modification, auxiliary aid or service, or other accommodation or modification would result in a fundamental alteration in the nature of the service, program, or activity, or would cause an unreasonable financial and administrative hardship.

”Web Content Accessibility Guidelines” means the technical standard developed by the World Wide Web Consortium that sets measurable requirements for making digital information and functions usable by individuals with disabilities based upon the needs of the individual, as required in 28 C.F.R. § 35.200 {“Requirements for Web and Mobile Accessibility”}.

excluding the individual from participation in the services, programs, or activities of the agency;

denying the individual the benefits of the services, programs, or activities of the agency based on the needs of the individual;

discriminating against the individual; or

failing or declining to make a reasonable accommodation or a reasonable modification to existing policies, practices, and procedures.

An agency may not discriminate, on the basis of an individual’s disability, in hiring or through employment practices.

An agency shall take into consideration or give preference to an individual’s status as a person with a disability in its hiring and employment practices, consistent with the requirements and obligations to protected classes under federal or State law, in accordance with any applicable rules promulgated by the Board of Estimates and the Civil Service Commission, and without violating any law or terms of any contract to which the City is a party, including a collective bargaining agreement.

An agency shall attach information regarding the City’s disability hiring preference to each job posting.

An agency shall make reasonable modifications to existing policies, practices, and procedures to ensure that an individual with a disability has an equal opportunity to participate and benefit from its programs, services, and activities.

An agency may not assess a fee on an individual with a disability or any group of individuals with disabilities to pay the cost of providing:

An agency shall, upon request, provide auxiliary aids and services to a qualified individual with a disability so the individual may participate equally in a program, service, or activity.

To comply with subsection (a) of this section, an agency shall provide, based on the needs of an individual, an appropriate aid or service to make information and communications accessible to an individual who has a speech, hearing, or vision impairment, including:

If an agency provides a sign language interpreter, the interpreter shall meet the requirements of Title 9, Subtitle 24, Part III of the State Government Article of the Annotated Code of Maryland.

Every publicly available digital system, including any website, web-based or mobile application, social media platform, streaming service, or other third-party digital platform that provides information or services through the internet, shall meet the accessibility requirements set out in the Web Content Accessibility Guidelines Version 2.1, Level AA, or any later version or equivalent standard adopted by the State or the federal government.

Subsection (a) of this section applies to all such systems developed, purchased, or maintained by the City, as well as those developed, purchased, or maintained for City use under contract or other agreement with a third party including any digital system or platform used by the City for official communications, whether or not the platform is owned or controlled by the City.

All prerecorded and live video or audio content made publicly available by the City shall include accurate, synchronized, and complete captions, including speaker identification and relevant non-speech audio information.

For content that communicates critical information, public safety information, legal rights, or essential services, the City shall provide American Sign Language interpretation or American Sign Language-based video content in addition to captions.

All digital emergency alerts, press conferences, and public safety announcements shall be accessible through real-time captions and visible American Sign Language interpretation, provided contemporaneously with the communication.

Subject to the approval of the Board of Estimates, all contracts for digital systems or content shall require vendors to demonstrate compliance with this section prior to deployment and throughout the term of the contract.

for an individual to file a complaint for perceived discrimination on the basis of disability;

for receipt of and response to a complaint by the ADA Coordinator of any agency alleged to be involved in the discrimination;

for the timely response to a complaint by the ADA Coordinator of any agency alleged to be involved in the discrimination;

for providing a written and accessible determination on the complaint to the complainant;

for ensuring outcomes and corrective actions taken are communicated to the complainant, without violating any applicable law;

establishing a reasonable timeline for the procedures under this section to take place; and

for the submission of all grievances for a central tracking and reporting system.

provide oversight, coordination, and technical assistance to an agency as the agency prepares and implements its accessibility plan; and

as appropriate, consult with MIMA when a qualified individual with a disability also requires language access services based on their status as a Limited English Proficient individual.