Accessibility Policy
Arclight Capital Accommodating Individuals with Disabilities Policy
As required under the Americans with Disabilities Act ("ADA"), it is the policy of Arclight Capital ("ARC") to take those steps necessary to ensure that no individual with a disability is excluded, denied services, segregated or otherwise treated differently than other individuals.
ARC shall provide auxiliary aids and services when necessary to ensure effective communication with individuals with disabilities. 42 U.S.C. § 12182(b)(2)(A)(iii); 28 C.F.R. § 36.303.
ARC will make reasonable modifications to policies, practices, or procedures when such modifications are necessary to afford goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities. 42 U.S.C. § 12182(b)(2)(A)(ii); 28 C.F.R. § 36.302(a).
To meet this obligation, ARC will make reasonable modifications to its policies when necessary to ensure that individuals with disabilities have an equal opportunity to participate in, and benefit from ARC's goods, services, facilities, privileges, advantages, or accommodations. 28 C.F.R. § 36.302(a).
This policy applies to all members of the public with disabilities contacting or attempting to contact ARC's services, locations, and facilities. ARC policies and procedures shall include an internal system to document, track, and follow-up on reasonable accommodation requests under the ADA made by customers to ARC.
ARC shall take those steps necessary under the ADA to ensure that no individual with a disability is excluded, denied services, segregated or otherwise treated differently than other individuals because of the absence of auxiliary aids and services, unless ARC can demonstrate that taking those steps would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations being offered or would result in an undue burden, i.e., significant difficulty or expense. 28 C.F.R. §§ 36.303.
1. What Are Appropriate Auxiliary Aids and Services?
Appropriate auxiliary aids and services include a wide variety of equipment, materials, and services that may be necessary to ensure effective communication for people with disabilities. 28 C.F.R. § 36.303.
For people who are blind or have low vision: as defined under the ADA appropriate auxiliary aids and services may include, but are not limited to: qualified readers; providing written information in electronic format, in Braille, large print or accessed using screen-reading technology; audio recordings; oral descriptions of action and visual information to ensure the accessibility of proceedings and presentations; note takers; assistance in filling out forms or accessing electronic materials in a computer database; screen reader software or text magnification software to make computer displays accessible; or an assistant to guide a person to find his or her way to an unfamiliar location or along an unfamiliar route.
2. Can ARC employees or contractors ask or require family members or friends of individuals who are blind or have low vision to read for them?
No. ARC may not ask or require friends or family members to interpret, read, fill out forms, or provide other auxiliary aids or services for individuals with disabilities. A family member or friend may not be qualified to render the necessary services due to factors such as professional or personal involvement or invasion of an individual's right to keep personal, medical, or financial information confidential from friends and family members.
3. Can ARC charge an individual with a disability for the cost of providing an auxiliary aid or service needed for effective communication?
No. People with disabilities must not be asked to pay or be charged for the cost of an auxiliary aid or service needed for effective communication. 28 C.F.R. § 36.301(c).
4. Are there specific procedures for requesting auxiliary aids and services?
Requests for auxiliary aids and services should be directed to ARC Client Services. Requests can be made by an individual with a disability who needs the auxiliary aids or services or by someone acting on that individual's behalf. Requests can be made either in writing or orally over the telephone. ARC will address all requests for auxiliary aids and services promptly and in accordance with ADA requirements.
5. How will ARC determine which auxiliary aids and services to provide?
The type of auxiliary aid or service necessary to ensure effective communication will vary in accordance with the method of communication used by the individual, the nature, length, and complexity of the communication involved, and the context in which the communication is taking place. ARC will consult with individuals with disabilities whenever possible to determine what type of auxiliary aid is needed to ensure effective communication, but the ultimate decision as to what measures to take rests with ARC, provided that the method chosen results in effective communication. In order to be effective, auxiliary aids and services must be provided in accessible formats, in a timely manner, and in such a way as to protect the privacy and independence of the individual with a disability.
6. How will ARC handle requests for auxiliary aids and services?
Upon receipt of a request for auxiliary aids and services, ARC's personnel will confer with the individual with the disability to ascertain the individual's needs. ARC will respond promptly to all requests for auxiliary aids and services to ensure that individuals with disabilities have a full and equal opportunity to participate in and benefit from the goods, services, facilities, privileges, advantages, or accommodations offered by ARC.
ARC will not disclose information about an individual's disability or requests for auxiliary aids and services except to ARC personnel who have a need to know this information (e.g., to make a decision on a request and/or to provide the auxiliary aids and services).
7. What should ARC personnel do if they believe that provision of requested auxiliary aids and services will result in a fundamental alteration in the nature of its goods, services, facilities, privileges, advantages or accommodations or would result in an undue burden to ARC?
If provision of a particular auxiliary aid or service by ARC would result in a fundamental alteration in the nature of the goods, services, facilities, privileges, advantages, or accommodations being offered or in an undue burden to ARC (i.e., significant difficulty or expense), ARC shall provide an alternative auxiliary aid or service, if one exists, that would not result in an alteration or such burden but would nevertheless ensure that, to the maximum extent possible, individuals with disabilities receive the goods, services, facilities, privileges, advantages, or accommodations offered by ARC.
Any questions about this policy should be directed to Jeff Benner, Associate General Counsel, at jbenner@ibkr.com.