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Updated January 31, 2012

Secretary of Labor & OPM Director Provide Guidance to Federal Agencies on Increasing Federal Employment of People with Disabilities

U.S. Secretary of Labor Hilda L. Solis and the Director of the U.S. Office of Personnel Management (OPM), John Berry, have sent a letter to the heads of federal departments and agencies reminding them of their roles in implementing Executive Order 13548, Increasing Federal Employment of Individuals with Disabilities. The memorandum describes several tools that can be used by federal departments and agencies to recruit and hire qualified individuals with disabilities into the federal workforce. These resources include eFedLink.org, the Workforce Recruitment Program and the shared list of people with disabilities hosted on the MAX Federal Community.

Updated January 23, 2012

Department of Education Issues ADA Amendments Act Dear Colleague Letter to Provide Guidance Under Amended Legal Standards

The Department of Education's (Department) Office for Civil Rights (OCR) issued a Dear Colleague letter concerning the Americans with Disabilities Act Amendments Act (Amendments Act). The letter and accompanying Frequently Asked Questions document (FAQ) provide additional guidance on the requirements of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act (Section 504) in elementary and secondary schools, given the changes to those laws made by the Amendments Act.

"We must continue to take steps to enable every child, regardless of disability, to reach their full potential," said U.S. Secretary of Education Arne Duncan. "This guidance reiterates the Department's commitment to ensure that educational opportunity is provided free from disability discrimination."

The Amendments Act, effective Jan. 1, 2009, amends the ADA, as well as the Rehabilitation Act. The Amendments Act broadened the meaning of disability and, in most cases, shifts the inquiry away from the question of whether a student has a disability as defined by the ADA and Section 504, and toward school districts' actions and obligations to ensure equal education opportunities.

Today's Dear Colleague letter and FAQ discuss the various obligations of school districts, such as the requirement to evaluate students for disability, and provide a free appropriate public education to students with disabilities, as well as the changes made by the Amendments Act.

"It is critical that school districts remain vigilant in their duty to protect the civil rights of all their students, including students with disabilities. When Congress changes the law affecting those rights, districts must ensure that their policies and practices reflect this altered landscape," said Assistant Secretary for Civil Rights Russlynn Ali.

 

ADA in the News

Updated January 13, 2012

Supreme Court Decides Case for Religious Employer

The United States Supreme Court decided its first Americans with Disabilities Act (ADA) case since 2005, Hosanna Tabor Lutheran Church and School v. E.E.O.C.. The Supreme Court considered whether the ADA should apply to a private religious school in an employment dispute with its former teacher and sided with the school. It ruled that religious entities had a constitutional right to choose its ministers. The church had designated the plaintiff as one of its ministers before firing her. The Supreme Court agreed that the teacher was a minister and ruled that the case against the church should be dismissed.

Updated January 5, 2012

St. Mercy Medical Center settles violation of Section 504 of the Rehabilitation Act

Following an investigation by the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR), St. Edward Mercy Medical Center (Mercy), in Fort Smith, Arkansas has agreed to make changes to its policies and procedures to comply with Section 504 of the Rehabilitation Act of 1973 (Section 504).

The settlement resulted from a complaint filed with OCR by a person with a lumbar and spinal disability who requires a service animal to assist him in a number of daily functions, including carrying and picking up items and helping to stabilize his walking. While the complainant sought emergency medical treatment for his father, Mercy refused to allow the service animal to accompany the complainant into the hospital. The complainant was told his service animal was not a “seeing eye dog” and the animal would need to be removed from the hospital because he could not show vaccination records or tags verifying the health of the animal. After an investigation, OCR found that Mercy’s policies and procedures regarding access to service animals inappropriately excluded service animals already being used by qualified individuals with disabilities other than vision impairment.

“Service animals are used by people with disabilities for various purposes and this action sends a strong reminder to facilities to ensure that people with service animals have an equal opportunity to participate in their programs and services,” said OCR Director Leon Rodriguez.  “HHS is committed to continuing its strong enforcement of Section 504 and ensuring access to health care for all Americans.”

Under Section 504, a covered entity may not limit access to only those service animals used by persons who are blind or have low vision. A covered entity may also not deny access to a service animal based on an individual’s failure to produce a tag or other documentation demonstrating that the animal is a service animal or what tasks the service animal performs, or a veterinarian’s health certificate or other documentation of the service animal’s health.   

Among the terms of the settlement agreement, Mercy will establish non-discrimination policies, provide notice to its staff and program participants of such policies, and ensure staff receives comprehensive training on their obligations to provide services without discrimination to qualified persons with disabilities and specific training on permitting service animals into its facility in accordance with Section 504.

People who believe that an entity receiving federal financial assistance has discriminated against them (or someone else) on the basis of disability, may file a complaint with OCR at:  http://www.hhs.gov/ocr/civilrights/complaints. A copy of the Settlement Agreement in this matter, along with more information about OCR’s efforts to enforce Section 504 of the Rehabilitation Act of 1972 can be found at www.hhs.gov/ocr.

Updated January 4, 2012

New Disability-Related Links to Read

  • Texas Project First
    Created by parents, for parents, this web site is a project of the Texas Education Agency and is committed to providing accurate and consistent information to parents & families of students with disabilities.
  • Navajos with Disabilities Have Little Accessibility (Albuquerque Journal)
    A report released this fall by the Native American Disability Law Center found none of the Navajo Nation’s government buildings is fully accessible to individuals with disabilities, though some facilities are partially accessible.
  • Study: Testing firms not complying with law on disabled (USA Today)
    A new federal study criticizes the Justice Department for failing to enforce laws that provide disabled students with special accommodations for taking the SAT, bar exam and other high-stakes tests.
  • Court Recognizes Obesity as a Disability (Human Resources Journal)
    A woman working at a company in Louisiana was fired, with obesity cited as the reason. She made a claim with the Equal Employment Opportunity Commission (EEOC) that her employers had violated the Americans with Disabilities Act (ADA). Though she died from conditions associated with her weight before she had her day in court, the EEOC filed suit on behalf of her estate.
  • Measuring Up: New ADA Rules for Fuel Pumps (KWQC 6 News)
    Soon new federal standards take effect which could mean many gas stations will have to make changes or face fines or lawsuits.

Updated December 28, 2011

TSA Announces Launch of TSA Cares Toll Free Helpline for Travelers with Disabilities and Medical Needs

he Transportation Security Administration (TSA) announced the launch of TSA Cares today, a new helpline number designed to assist travelers with disabilities and medical conditions, prior to getting to the airport. Travelers may call TSA Cares toll free at 1-855-787-2227 prior to traveling with questions about screening policies, procedures and what to expect at the security checkpoint.

“TSA Cares provides passengers with disabilities and medical needs another resource to use before they fly, so they know what to expect when going through the screening process,” said TSA Administrator John Pistole. “This additional level of personal communication helps ensure that even those who do not travel often are aware of our screening policies before they arrive at the airport.”

Since its inception, TSA has provided information to all travelers through its TSA Contact Center and Customer Service Managers in airports nationwide. TSA Cares will serve as an additional, dedicated resource for passengers with disabilities, medical conditions or other circumstances or their loved ones who want to prepare for the screening process prior to flying.

When a passenger with a disability or medical condition calls TSA Cares, a representative will provide assistance, either with information about screening that is relevant to the passenger’s specific disability or medical condition, or the passenger may be referred to disability experts at TSA. TSA recommends that passengers call approximately 72 hours ahead of travel so that TSA Cares has the opportunity to coordinate checkpoint support with a TSA Customer Service Manager located at the airport when necessary.

Every person and item must be screened before entering the secure area of an airport and the manner in which the screening is conducted will depend on the passenger’s abilities and any specific equipment brought to the security checkpoint.

TSA strives to provide the highest level of security while ensuring that all passengers are treated with dignity and respect. The agency works regularly with a broad coalition of disability and medical condition advocacy groups to help understand their needs and adapt screening procedures accordingly. TSA holds quarterly meetings with this coalition to inform them about current training and screening procedures used in airports. TSA recently hosted a teleconference with members of these groups to announce the long-standing plans to implement TSA Cares for travelers and inform them of the upcoming launch.

All travelers may ask to speak to a TSA supervisor if questions about screening procedures arise while at the security checkpoint.

The hours of operation for the TSA Cares helpline are Monday through Friday 9 a.m. – 9 p.m. EST, excluding federal holidays. After hours, travelers can find information about traveling with disabilities and medical needs on TSA’s website.

All travelers can contact TSA using Talk To TSA, a web-based tool that allows passengers to reach out to an airport Customer Service Manager directly, and the TSA Contact Center, 1-866-289-9673 and TSA-ContactCenter@dhs.gov, where travelers can ask questions, provide suggestions and file complaints.

Updated December 16, 2011

ADA in the News

US Department of Labor and congressional, community leaders reflect on Office of Disability Employment Policy’s 10-year anniversary

Secretary of Labor Hilda L. Solis and Deputy Secretary of Labor Seth D. Harris today commemorated the Office of Disability Employment Policy's 10th anniversary by celebrating the positive impact of its policies and program initiatives with major leaders in the community. Featured speakers included Sen. Tom Harkin (Iowa); Rep. Steny Hoyer (Maryland); Kareem Dale, special assistant to the president for disability policy; Kathleen Martinez, assistant secretary of labor for ODEP and past assistant secretaries for the office.

Also participating were two of the visionaries behind ODEP's creation — Tony Coelho, chairman of the President's Committee on Employment of People with Disabilities from 1994 to 2001, and Becky Ogle, executive director of the Presidential Task Force on the Employment of Adults with Disabilities from 1998 to 2001.

"Thanks to ODEP's hard work, the conversation has shifted away from whether people with disabilities can work to what tools and supports are needed to assist them in doing so," said Secretary Solis. "The agency's policies, program and practices have opened doors to employment opportunities, education and strong partnerships that are helping people with disabilities live better, fuller lives."

ODEP was created within the Labor Department to make disability employment policy a permanent part of its overall employment agenda. In addition to working with other agencies across the department, ODEP's mission includes working with outside federal agency partners to develop national disability employment-related policy.

Among its many achievements, ODEP has collaborated with federal, state and community organizations to collect the first statistical data on employment rates of people with disabilities; made the One-Stop Career Centers system more accessible and welcoming to people with disabilities; launched the Add Us In initiative to improve employment opportunities with small businesses for people with disabilities; promoted customized employment as a strategy for employing people with disabilities who have complex needs; developed a comprehensive framework to improve youth transition outcomes; and worked with its federal agency partners in implementing the Obama administration's executive order to make the federal government a model employer in hiring individuals with disabilities.

In conjunction with the theme "Real People, Real Impact," today's program highlighted the career successes of youths and adults who have been the beneficiaries of ODEP's work.

"Today and every day, people with disabilities add significant value to America's workplaces and economy," Martinez said. Through ODEP's policies and practices, we are witnessing the move toward a more inclusive America, one rich with diversity where people with disabilities are recognized for the talents they bring."

For more information about today's program, ODEP and its initiatives to help individuals with disabilities transition into the workplace, visit http://www.dol.gov/odep/.

US Labor Department Sets Historic Hiring Goal for Federal Contractors and Subcontractors

The U.S. Department of Labor is proposing a new rule that would require federal contractors and subcontractors to set a hiring goal of having 7 percent of their workforces be people with disabilities, among other requirements. The department's Office of Federal Contract Compliance Programs invites public comment on this proposal, which will be published in the Dec. 9 edition of the Federal Register.

OFCCP's proposed rule would strengthen the affirmative action requirements established in Section 503 of the Rehabilitation Act of 1973 obligating federal contractors and subcontractors to ensure equal employment opportunities for qualified workers with disabilities. The proposed regulatory changes detail specific actions contractors must take in the areas of recruitment, training, record keeping and policy dissemination — similar to those that have long been required to promote workplace equality for women and minorities. In addition, the rule would clarify OFCCP's expectations for contractors by providing specific guidance on how to comply with the law.

"This proposed rule represents one of the most significant advances in protecting the civil rights of workers with disabilities since the passage of the Americans with Disabilities Act," said Secretary of Labor Hilda L. Solis. "President Obama has demonstrated a commitment to people with disabilities. This proposed rule would help federal contractors better fulfill their legal responsibility to hire qualified workers with disabilities."

Although Section 503 regulations have been in place for decades, the current unemployment rate for people with disabilities is 13 percent, 1 1/2 times the rate of those without disabilities. Even more discouraging, data published last week by the department's Bureau of Labor Statistics show stark disparities facing working-age individuals with disabilities, with 79.2 percent outside the labor force altogether, compared to 30.5 percent of those without disabilities.

"For nearly 40 years, the rules have said that contractors simply need to make a 'good faith' effort to recruit and hire people with disabilities. Clearly, that's not working," said OFCCP Director Patricia A. Shiu. "Our proposal would define specific goals, require real accountability and provide the clearest possible guidance for employers seeking to comply with the law. What gets measured gets done. And we're in the business of getting things done."

Establishing a 7 percent hiring goal for the employment of individuals with disabilities would be a tool for contractors to measure the effectiveness of their affirmative action efforts and thereby inform their decision-making. The proposed rule also would enhance data collection and record-keeping requirements — including for documentation and processing of requests for reasonable accommodation — in order to improve accountability. Additionally, it would ensure annual self-reviews of employers' recruitment and outreach efforts, and add a new requirement for contractors to list job openings to increase their pools of qualified applicants.

To read the notice of proposed rulemaking or submit a comment, visit the federal e-rulemaking portal at http://www.regulations.gov. Comments also can be submitted by mail to Debra Carr, Office of Federal Contract Compliance Programs, U.S. Department of Labor, Room C-3325, 200 Constitution Ave. NW, Washington, D.C. 20210. All comments must be received by Feb. 7, 2012, and should include identification number (RIN) 1250-AA02.

In addition to Section 503, OFCCP enforces Executive Order 11246 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. As amended, these three laws require those who do business with the federal government, both contractors and subcontractors, to follow the fair and reasonable standard that they take affirmative action and not discriminate in employment on the basis of sex, race, color, religion, national origin, disability or status as a protected veteran. For general information, call OFCCP's toll-free helpline at 800-397-6251 or visit its website at http://www.dol.gov/ofccp/.

Money Follows the Person: A 2011 Survey of Transitions, Services and Costs

With the passage of health reform, the Money Follows the Person (MFP) demonstration grant program was extended through 2016 giving states further options to transition Medicaid beneficiaries living in institutions back to the community. Enacted into law in 2006 as part of the Deficit Reduction Act (DRA), the MFP demonstration provides states with enhanced federal matching funds for twelve months for each Medicaid beneficiary transitioned from an institutional setting to a community-based setting.

Kaiser Commission on Medicaid and the Uninsured page

Public Comment on Revised Section 508 Standards

The U.S. Access Board has released for public comment a second Advance Notice of Proposed Rulemaking (ANPRM) that includes a revised draft of updated accessibility requirements for information and communication technology (ICT) covered by Section 508 of the Rehabilitation Act and Section 255 of the Telecommunications Act of 1996.

Updated December 9, 2011

Swimming Pools and the ADA

On March 15, 2012, the new 2010 ADA Standards for Accessible Design will become mandatory. Here at the Southwest ADA Center, we have received a barrage of calls from hotel and motel owners about how this new standard will affect their swimming pools. Numerous vendors have approached them insisting that they must install pool lifts by this date so that their swimming pools are accessible to patrons with disabilities who may need them. The owners are concerned due to budget constraints and want clarification on their obligations.

Blog post on hospitalitylawyer.com

New Texas Accessibilty Standards Released

The 2012 Texas Accessibility Standards will become effective March 15, 2012, the same date the 2010 ADA Standards become mandatory.

The Value of the Work Opportunity Tax Credit: An Employer Perspective

Archived Webinar presented by askEARN.org

Updated December 5, 2011

Butterball Sued By EEOC For Harassment, Firing Of HIV-Positive Employee

Turkey Company Violated Federal Disability Law, Agency Charged

GARNER, N.C. – The U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today that Butterball, LLC, a Garner, N.C.-based turkey processing company, violated federal law by subjecting an employee to a hostile work environment based on the fact that she has Human Immunodeficiency Virus (HIV), and firing her because of that disability.

According to the lawsuit, Butterball subjected Tracy Montgomery to harassment throughout her employment in October and November 2009. Specifically, three of Montgomery’s co-workers expressed to her on a daily basis that they did not want to touch her or work with her because she is HIV-positive. The three employees also referred to Montgomery using derogatory names to describe her HIV status. The EEOC further alleges that Montgomery complained to her supervisor about the harassment on a daily or near-daily basis, but the harassment persisted. Butterball’s plant manager was also aware of the harassment after conducting a meeting with Montgomery and one of her co-workers to address an altercation that the co-worker provoked. However, the next day, the plant manager fired Montgomery.

The Americans With Disabilities Act (ADA) protects employees with disabilities from being harassed, fired, or from other employment decisions based on disabilities that are covered under the act, such as HIV. The EEOC filed suit in U.S. District Court for the Eastern District of North Carolina, Western Division (U.S. Equal Employment Opportunity Commission v. Butterball, LLC, Civil Action No. 5:11-cv-00685) after first attempting to reach a pre-litigation settlement through its conciliation process. The EEOC seeks monetary damages for Montgomery as well as certain injunctive relief.

“Harassment that targets a person with an ADA-covered disability, is just as much a violation of federal law as harassment based on a person’s race, color, gender, age, religion, or national origin,” said Lynette A. Barnes, regional attorney for the EEOC’s Charlotte District. “HIV/AIDS has always been a sensitive health issue, and an employer has no excuse for failing to intervene when an employee complains of vicious harassment based on her HIV status.”

EEOC Supervisory Trial Attorney Tina Burnside added, “Employees have the right to work in an environment free from harassment, and Title VII prohibits both harassment and firing an employee because of her disability.”

President Barack Obama has charged federal agencies to implement the National HIV/AIDS Strategy, which includes addressing and preventing employment-related discrimination against people living with HIV.This case serves as an example of how the EEOC will strongly enforce federal laws to ensure that qualified people are not wrongfully deprived of an opportunity to earn a living simply because of their HIV status.

ADA in the News

  • Restaurant official says boy shouldn't have been kicked out of Muskogee store
    Candi Smithson said she and her 2-year-old son, Preston, and four others were asked to leave a Muskogee Pizza Hut because they brought a McDonald's hamburger patty inside the store. Preston has severe food allergies and can't eat most dairy products or pretty much anything with flour in it.
  • Lawsuit: Hershey school rejects HIV-positive boy
    A Philadelphia-area teenager claims in a discrimination lawsuit that a private boarding school connected with the Hershey chocolate company violated federal anti-discrimination laws by denying him admission because he is HIV-positive.

Updated December 2, 2011

Statement by the National Council on Disability on the 19th Observance of International Day of Persons with Disabilities, December 3, 2011

WASHINGTON, D.C. - The National Council on Disability released the following statement on the occasion of the International Day of Persons with Disabilities, December 3, 2011:

NCD observes the 19th International Day of Disabled Persons, first recognized by the United Nations General Assembly in 1992. The theme of this year's observance is "Together for a better world for all: Including persons with disabilities in development."

Why is meaningful involvement by persons with disabilities in international development important? The United States invests billions of taxpayer dollars into foreign assistance programs that foster international diplomacy and development annually, aimed at improving the quality of life for people around the world. These programs develop economies, promote democracy and governance, provide humanitarian assistance, build new infrastructure, and advance and protect human rights. Given that 15 percent of the world population is made up of people with disabilities, and growing, the United States cannot effectively accomplish the goals of foreign assistance programs unless it ensures programs are accessible to and inclusive of people with disabilities.

Conservative estimates by the World Health Organization suggest more than one billion people, an estimated 15 percent of the world's population, have a disability. 80 percent of these individuals live in developing nations. Although people with disabilities make up a large segment of the global population, they continue to face worldwide discrimination and segregation at alarming levels. Moreover, numbers are likely gravely underestimated because people with disabilities are typically shunned, hidden from public view by their families, and commonly excluded from community activities.

Exclusion from built environments prevent use of necessary services and resources that non-disabled populations take for granted. These barriers have a negative, spiraling effect. Physical barriers also keep people with disabilities from using voting centers, polling places, courthouses, administrative agencies, schools, and embassies.

Those who aren't hidden by families or communities of origin are often left to languish in institutions - further removing them from civic and social engagement. Conflict and poverty continue to increase the incidence rates of disability in less developed and industrialized economies alike. Already significant numbers are rising due to a variety of factors including aging, poverty, armed conflict, as well as improved data collection.

Overseas economic development will not be successful unless people with disabilities are included. If development is not inclusive, the significant numbers of people with disabilities in developing countries will hinder the very economic growth the U.S. seeks to facilitate. NCD recommends both micro-level solutions to spark income generation in coordination with large scale interventions to create the kinds of legal and regulatory structures to better serve and benefit from the contributions of people with disabilities.

As the world observes the 19th International Day of Persons with Disabilities, NCD welcomes the opportunity to focus greater attention to workable solutions to concerns faced by people with disabilities, their families and the diverse communities people live in around the globe.

About NCD: Founded in 1978, the National Council on Disability is a small, independent federal agency comprised of 15 Presidentially-appointed, Senate-confirmed Council Members and a small staff, who advise the President, Congress and other Federal agencies on disability policy, programs and services.

More information on NCD's website at: http://www.ncd.gov

Updated November 29, 2011

Work Opportunity Tax Credit (WOTC) for Employers Hiring Certain Qualified Social Security Beneficiaries

The WOTC is a tax credit incentive for private sector employers who hire certain individuals, including participants in the Ticket to Work program. Explains the rules for employers and which Social Security beneficiaries will qualify employers for the WOTC. Note that this tax credit may also apply to hiring Veterans, SNAP (food stamp) recipients and other potential hires. The credit can be as much as $9,000 for each new long-term TANF recipient hired over a 2-yr. period.

AARP's Five-Step Toolkit for Job Seekers

An online employment guide that covers the entire job search process from start to finish. Helps you to set work goals, organize your job search activities, conduct a career exploration to find out which jobs are best for you and learn how to increase your success in finding a job.

Updated November 28, 2011

Justice Department Signs Agreement with Upshur County, Texas, to Ensure Civic Access for Persons with Disabilities

The Justice Department announced an agreement with Upshur County, Texas, to improve access to all aspects of civic life for people with disabilities. The agreement was reached under Project Civic Access (PCA), the department’s wide-ranging initiative to ensure that cities, towns and counties throughout the country comply with the Americans with Disabilities Act (ADA).

“Access to civic life is a fundamental part of American society, and people with disabilities must have the opportunity to participate in local government programs, services and activities on an equal basis with their neighbors,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division . “Upshur County has made an important commitment to achieving ADA compliance, and this agreement serves as a roadmap to that important end. I commend Upshur County officials for working with the Justice Department to provide equal access to all of its programs, services, and activities.”

“The ability of all citizens to enter a courthouse or a polling place to vote is central to our democracy,” said John M. Bales, U.S. Attorney for the Eastern District of Texas. “Our office, in conjunction with the Civil Rights Division, will continue to work with Upshur County and other counties to make all public facilities in the Eastern District fully accessible.”

As part of the PCA initiative, Justice Department investigators, attorneys and architects survey state and local government facilities, services and programs in communities across the country to identify the modifications needed for compliance with ADA requirements. Based on these surveys, agreements are tailored to address the steps each community must take to improve access. This agreement is the 196th under the PCA initiative.

Under the agreement announced today, Upshur County will take important steps to improve access to county programs for individuals with disabilities, such as:

  • Making physical modifications to its facilities so that parking, routes into the buildings, entrances, public telephones, restrooms, service counters and drinking fountains are accessible to persons with disabilities.
  • Posting, publishing and distributing a notice to inform members of the public about Title II of the ADA and how it applies to the county’s programs, services and activities.
  • Implementing and reporting to the Department of Justice the county’s written procedures for providing information about the county’s accessible programs, services and activities and their locations.
  • Appointing an ADA Coordinator and adopting a grievance procedure to handle grievances submitted under the ADA.
  • Implementing effective communication policies approved by the Department of Justice to ensure people with disabilities have access to county programs and services, including county law enforcement agencies.
  • Developing policies and procedures and planning to ensure that people with disabilities are afforded equal, integrated access to emergency management programs, including emergency preparedness, notification, evacuation, sheltering, response, clean up and recovery.
  • Implementing a plan to ensure the accessibility of sidewalks, transportation stops and pedestrian crossings by installing accessible curb ramps throughout the county.
  • Establishing and implementing a policy to ensure that county web pages are accessible to people with disabilities.

Today’s agreement was reached under Title II of the ADA, which prohibits discrimination against people with disabilities by state and local governments. The agreement will remain in effect for three years from Nov. 22, 2011, or until all actions required by the agreement have been completed, whichever is later. The department will actively monitor compliance with the agreement until all required actions have been completed.

For more information on today’s agreement, the PCA initiative, or the ADA Best Practices Tool Kit for State and Local Governments, please visit the ADA website at www.ada.gov or call the toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TTY). People interested in finding out more about today’s agreement with Upshur County, please visit www.ada.gov/upshur_co_tx_pca/upshur_co_tx_sa.htm.

Fair Housing Lawsuit Filed Against the University of Nebraska at Kearney for Discrimination Against Students with Psychological and Emotional Disabilities

WASHINGTON – The Justice Department filed a lawsuit against the University of Nebraska at Kearney (UNK), the Board of Regents of the University of Nebraska and employees of UNK for violating the Fair Housing Act by discriminating against students with disabilities.

The lawsuit, filed in the U.S. District Court for Nebraska, charges that UNK and its employees engaged in a pattern or practice of violating the Fair Housing Act or denied rights protected by the act by denying reasonable accommodation requests by students with psychological or emotional disabilities seeking to live with emotional assistance animals in university housing. The suit also charges that UNK requires students with psychological disabilities to disclose sensitive medical and other information that is unnecessary to evaluate their accommodation requests. This lawsuit arose as a result of a complaint filed with the Department of Housing and Urban Development (HUD) by a student enrolled at UNK who sought to live with an emotional assistance dog that had been prescribed.

“The Fair Housing Act requires housing providers to give reasonable accommodations for people with disabilities so that all have equal housing opportunities. The Fair Housing Act also ensures that when people seek an accommodation, they are not required to disclose medical information that is overly intrusive and invasive in order to receive an accommodation,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “The Justice Department will continue its vigorous enforcement of fair housing laws that protect the rights of people with psychological or emotional disabilities so that they will have full opportunity to find housing as the law requires.”

The lawsuit seeks a court order prohibiting future discrimination by the defendants, monetary damages for those harmed by the defendants’ actions, and a civil penalty. Any individuals who have information relevant to this case are urged to contact the Housing and Civil Enforcement Section of the Civil Rights Division at 1-800-896-7743, ext. 92.

The federal Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin and disability. More information about the Civil Rights Division and the laws it enforces is available at www.usdoj.gov/crt . Individuals who believe that they have been victims of housing discrimination can call the Housing Discrimination Tip Line at 1-800-896-7743, e-mail the Justice Department at fairhousing@usdoj.gov , or contact HUD at 1-800-669-9777.

The complaint is an allegation of unlawful conduct. The allegations must still be proven in federal court.

Disability.gov Update: New Videos Help You Find the Information You're Looking for on Disability.gov

Want to learn more about Disability.gov and how to find the information you're looking for? Check out these new, captioned videos that guide you through the site. The videos explain Disability.gov’s accessibility features, different ways to search for information on the site, how to create your personal My Disability.gov account, and other tools and features that make it easy for you to quickly locate the information and resources you want. A text version of “How to Use this Site” is also available.

Oregon Tests iPads as Aid to Disabled Voters

Oregon last week became the first state in the country to use iPads to allow people with disabilities to vote, and it intends to use them again for another election in January. Several other states are expected to follow suit with iPads or other tablets, possibly as early as for next year’s presidential election.

StarNews Online article

Updated November 18, 2011

Obama Administration Announces $749 Million to Fund Housing for Very Low-Income Seniors and People with Disabilities

WASHINGTON – Thousands more very low-income senior citizens and persons with disabilities will have access to affordable supportive housing thanks to $749 million in housing assistance announced by the U.S. Department of Housing and Urban Development (HUD). These grants will help non-profit organizations produce accessible housing, offer rental assistance, and facilitate supportive services for the elderly and persons with disabilities.   

The grant funding awarded under HUD’s Sections 202 and 811 Supportive Housing programs will kick start construction or major rehabilitation on more than 189 housing developments in 42 different states and Puerto Rico.  When complete, more than 4,800 elderly households and persons with disabilities will be affordably housed with access to needed services. Read a detailed summary of each grant.

“The Obama Administration is committed to helping our senior citizens and persons with disabilities find an affordable place to live that is close to needed healthcare services and transportation,” said HUD Secretary Shaun Donovan.  “Recent bipartisan changes to these two supportive housing programs will allow us to better serve some of our more vulnerable populations who would otherwise be struggling to find a safe and decent home of their own.”

Enacted early this year with strong bipartisan support, the Frank Melville Supportive Housing Investment Act and the Section 202 Supportive Housing for the Elderly Act provided needed enhancements and reforms to both programs.  Nonprofit grant recipients will now receive federal assistance that is better connected to state and local health care investments, allowing greater numbers of vulnerable elderly and disabled individuals to access the housing they need even more quickly.  

Section 202 Capital Advanceswill provide $545 million nationwide to 97 projects in 31 States and Puerto Rico.  In addition to funding the construction, acquisition, and rehabilitation of multifamily developments, HUD’s Section 202 program will also provide $54 million in rental assistance so that residents only pay 30 percent of their adjusted incomes.  Section 202 provides very low-income elderly persons 62 years of age or older with the opportunity to live independently in an environment that provides support services to meet their unique needs (see attached funding chart).

Section 811 Capital Advanceswill provide $137 million nationwide to assist very low-income persons with disabilities through 92 projects in 34 states.  An additional $12.6 million will be available for project rental assistance contracts (see attached funding chart).  Most of the housing supported through the Section 811 Program will be newly constructed, typically small apartment buildings, group homes for three to four persons, or condominium units that are integrated into the larger community.  Residents will pay 30 percent of their adjusted income for rent and the federal government will pay the rest.

HUD’s Section 811 program provides housing for households with one or more very low-income individuals with a disability.  Under this program at least one person must be 18 years or older and have a physical or developmental disability or chronic mental illness.  The program provides persons with disabilities the opportunity to live independently in their communities by increasing the supply of rental housing with the availability of supportive services.

HUD provides these funds to non-profit organizations in two forms:

  • Capital Advances.  This is funding that covers the cost of developing, acquiring, or rehabilitating the development.  Repayment is not required as long as the housing remains available for occupancy by very low-income elderly persons for at least 40 years for (under Section 202) or very low-income persons with disabilities (under Section 811). 
  • Project Rental Assistance Contracts.  This is funding that goes to each development to cover the difference between the residents’ contributions toward rent and the cost of operating the project. 

Residents must be “very low income” with household incomes less than 50 percent of their median for that area.  However, most households that receive Section 811 or Section 202 assistance earn less than 30 percent of the median for their area.  Generally, this means that a one-person household will have an annual income of about $13,500.

ADA Articles in the News

Updated November 17, 2011

Injunction Entered Against AutoZone Requiring Reasonable Accommodation Of Disabilities

Final Judgment of $415,000 to be Awarded to Disabled Former Employee

PEORIA, Ill. -- A federal court has ordered AutoZone, Inc., a leading auto parts retailer, to reasonably accommodate the disabilities of its retail employees throughout central Illinois. Entering final judgment in a disability discrimination suit brought by the EEOC, the court also held the company liable for $415,000 in damages and lost wages and $9,045 in litigation costs.

On June 3, 2011, a federal jury found that AutoZone violated the Americans With Disabilities Act (ADA) when it failed to accommodate the disability of a sales manager at its Macomb, Ill. store. At trial, the EEOC presented evidence that the employee was required to perform cleaning tasks that violated his medical restrictions and resulted in an injury and severe physical pain. The sales manager, who worked at the company until 2003, is disabled with permanent back and neck impairments. Under the ADA, a reasonable accommodation may include the elimination or modification of a non-essential job duty, or the transfer of a non-essential job duty to another employee.

In an order dated Nov. 8, 2011, the court granted the EEOC’s post-trial request for an injunction, in part, finding that “the conduct of the defendant’s managerial employees at the highest level was clearly an intentional violation of the ADA” and that there was a “possibility of future infractions.” The injunction applies to all of the company’s retail stores within the Central District of Illinois, a federal judicial district encompassing 46 Illinois counties. AutoZone will also be required to report all requests for reasonable accommodations in that region to the EEOC for a period of three years, and to maintain records of the company’s responses to such requests for a period of four years.

The court rejected a request by AutoZone to reduce the jury’s award of compensatory and punitive damages below the statutory maximum of $300,000. Citing evidence of the sales manager’s “near daily pain for 6 months and ... need for physical therapy and other medical attention,” the court upheld the jury’s award of $100,000 in compensatory damages. The court reduced the jury’s punitive damages award from $500,000 to $200,000, in order to bring total damages within the $300,000 statutory cap. The court declined to reduce the award any further, however, noting that it was supported by evidence that the company’s managers “knew of but chose to ignore their obligations under the ADA” to accommodate the employee’s disability. The court additionally found AutoZone liable for $115,000 in lost wages, and $9,045 in litigation costs incurred by the EEOC.

“Over the past year, the EEOC has filed more than 60 cases nationwide challenging disability discrimination,” said EEOC General Counsel P. David Lopez. “This victory demonstrates that the Commission will continue to dismantle barriers to employment for people with disabilities. Employers mustmake decisions based ontheir employee's abilities, and not on their disabilities.”

At trial, the government was represented by EEOC Trial Attorneys Justin Mulaire and Aaron DeCamp. The EEOC’s district court litigation was supervised by Supervisory Trial Attorney Gregory Gochanour. The trial followed a successful appeal of an earlier summary judgment ruling in the Seventh Circuit Court of Appeals (EEOC v. AutoZone, 630 F.3d 635 (7th Cir. 2010)). On appeal, the government was represented by Attorney Eric A. Harrington and Assistant General Counsel Carolyn L. Wheeler, both of the EEOC’s Appellate Services unit.

“The EEOC’s primary goal in filing suit is to prevent and deter future violations of the law,” said Mulaire. “We hope today’s judgment will help ensure that, going forward, employees with disabilities have a fair opportunity to succeed at AutoZone.”

John Hendrickson, the EEOC’s regional attorney in Chicago, said, “While we are able to resolve most of our litigation through settlement, this case illustrates the EEOC’s commitment to litigating cases to judgment when necessary to vindicate the public interest. The objective of every EEOC case, whether large or small, is the same: to make equal employment opportunity the reality in the workplace.”

The EEOC filed suit in 2007, after first attempting to reach a voluntary settlement. The case was filed in U.S. District Court for the Central District of Illinois, Peoria Division, was designated Civil Action No. 07-cv-1154, and was assigned to U.S. Magistrate Judge John A. Gorman for all purposes, including trial and entry of judgment.

Memorial Starbucks accused of ADA violations

A woman is suing after, she says, her deceased husband sustained serious injuries while using the ADA noncompliant facilities of a Memorial-area Starbucks.

Article on ultimatememorial.com

Updated November 14, 2011

At Last! "The Facts About Charter Schools and Students with Disabilities"

  • Want to know whether charter schools are required to serve students with disabilities?
  • Interested in how charter schools are funded compared to other public schools?
  • Wondering about teacher certification requirements for charter schools?

NICHCY has the answers!

Charter schools are fairly new in public education, and they've generated a lot of interest and inquiry. In this new issue brief, NICHCY answers 10 commonly asked questions that families and educators of students with disabilities have about charter schools. Read this publication online today at http://nichcy.org/publications/charters

Disability Related Links

Updated November 8, 2011

President Obama Announces New Initiatives to Get Veterans Back to Work

Yesterday President Barack Obama announced several new initiatives to help Veterans translate their military skills for the civilian workforce and provide Veterans with new tools to aid their search for jobs.

  • The new Veterans Job Bank connects unemployed Veterans to job openings with companies that want to hire them. The Obama Administration partnered with leading job search companies to create a new, easy to use online service that enables employers to “tag” job postings for Veterans. It launched with more than 500,000 job listings, a number that will continue growing as more companies tag the job postings on their own websites and add them to the Veterans Job Bank.
  • My Next Move for Veterans is an easy-to-use online tool created by the Department of Labor that allows Veterans to enter information about their experience and skills in the field, and match it with civilian careers that put that experience to use. The site also includes information about salaries, apprenticeships, and other related education and training programs.
  • The Veteran Gold Card provides post-9/11 Veterans with extra support as they transition out of the military. Once a Veteran has downloaded the Veteran Gold Card, he or she can access six months of personalized case management, assessments and counseling at the roughly 3,000 One-Stop Career Centers located across the country.
Leading veterans’ organizations also joined President Obama at the White House to announce their support for the Returning Heroes and Wounded Warrior Tax Credits, two provisions in the American Jobs Act Congress is scheduled to consider that will help create jobs and strengthen the economy. The Returning Heroes Tax Credit provides firms that hire unemployed Veterans with a maximum credit of $5,600 per Veteran, while the Wounded Warriors Tax Credit offers firms that hire Veterans with service-connected disabilities with a maximum credit of $9,600 per Veteran.

Updated November 7, 2011

New Youtube Video about November 9 testing of the Emergency Alert System

FEMA wants everyone to know about the upcoming Emergency Alert System (EAS) test and how it may impact them. Please share this message with your communities and through your social networks.

Bring Down the Barriers—Seen and Unseen

A colleague in a wheelchair goes into an underground passage connecting two campus buildings. Once the entrance locks behind him, he discovers that the door at the other end refuses to open with his swipe card...

Commentary by Rachel Adams for the Chronicle of Higher Education

AMC Entertainment Inc. Honored as Lead Employer of the Year by the US Business Leadership Network (USBLN)

KANSAS CITY, Mo.--(EON: Enhanced Online News)--AMC Entertainment® Inc. (AMC) is proud to announce its selection as the Lead Employer of the Year by the US Business Leadership Network (USBLN®) at the 2011 USBLN Annual Leadership Awards Dinner. According to the USBLN, “the purpose of the Annual Leadership Awards is to further the USBLN® mission of identifying leading disability workplace, market place and supply chain practices in use today. These awards provide the metrics by which our Corporate Partners, BLN affiliates, Volunteers and Organizational Allies are recognized for their demonstration of outstanding commitment to promoting disability diversity across the enterprise. Award recipients clearly embody the highest ethical standards and values in our community.”

“The award is a reflection of the dedication by all of our associates to maintaining that work environment.”

This year, AMC created a new national employment outreach program, FOCUS (Furthering Opportunities, Cultivating Untapped Strengths), which is designed to encourage and facilitate the hiring of people with disabilities at AMC Theatres. The program, which has gone from one participating theatre to more than 70 in just a few months, continues to grow and has helped move the company well beyond compliance, more than doubling the number of people with disabilities in its employ.

“We at AMC take great pride in fostering a work environment that’s not only inclusive, but supportive of all our associates at every level in the company,” said Keith Wiedenkeller, senior vice president and chief people officer at AMC. “The award is a reflection of the dedication by all of our associates to maintaining that work environment.”

Beyond its own walls, AMC has also led the charge for an inclusive work environment in its community. AMC is the founding employer of The Greater Kansas City Business Leadership Network, Inc. (GKC-BLN), which is led by Wiedenkeller. GKC-BLN, a business-to-business coalition, works in the Kansas City metropolitan area to enhance employment opportunities for people with disabilities through education and awareness.

The GKC-BLN has hosted more than 12 one-half day educational programs on the topics of disability etiquette, busting accommodation myths, Americans with Disabilities Act Amendments Act briefings, "real life stories", and creating a business case for hiring individuals with disabilities, among others. It has also created an annual award recognizing leading disability employment practices in the Kansas City area.

Updated November 4, 2011

Fast Food Restaurants Sued over Lack of Accessibility

A woman with spina bifida has filed a lawsuit against several New Orleans fast food restaurants on claims they violated the Americans with Disabilities Act by being inaccessible or having significant architectural barriers for individuals with disabilities.

Louisiana Record article

State housing, health agencies secure $330,000 grant increasing housing choices for persons with disabilities

(AUSTIN) — A collaborative effort between the Texas Department of Aging and Disability Services (DADS) and the Texas Department of Housing and Community Affairs (TDHCA) has helped the state land a $330,000 federal grant linking supportive services and affordable housing for persons with disabilities, making it possible to live a more independent life.

The U.S. Department of Health and Human Services, through its Centers for Medicare and Medicaid Services (CMS), yesterday announced that Texas was one of six states sharing $1.9 million in Real Choice System Change Grants, the application on which the two state agencies collaborated.

The Real Choice System Grant helps state health departments expand partnerships with their respective state housing agencies and develop long-term strategies to provide permanent and affordable rental housing for persons with disabilities.

The grant prioritizes persons that receive Medicaid services and will help to expand community based affordable housing choices for those currently living in institutional settings.

“This grant is an excellent example of an innovative and visionary partnership between two state agencies,” noted TDHCA Executive Director Tim Irvine. “It is the sort of cooperation and coordination which Texans should expect from their state government. But while we celebrate this award, let’s not lose sight of the fact that the most important aspect of our mutual success is that we will be creating opportunities to expand housing choices for persons with disabilities while ensuring they receive the critical supportive services they need to live independently.”

This week’s announcement further enhances the partnership between DADS, the state Medicaid agency, and TDHCA, and will provide the framework to increase housing choices for persons with disabilities with linkages to supportive services.

The CMS award, among other initiatives, will help create an online information clearinghouse to tie existing and future affordable housing units with available services for persons with disabilities, as well as funding a statewide partnership academy to educate developers of affordable housing and help service and housing providers link their programs.

The grant is also expected to help TDHCA apply for and access future HUD Section 811 Program funding soon available to state housing finance agencies. The new Section 811 funds will provide an innovative funding option for TDHCA to use project rental assistance in partnership with their existing affordable housing finance programs.

EEOC to Join Other Government Agencies in Baton Rouge Town Hall Meeting on Employment Issues

Experts Will Help Public With Job-Related Problems at Nov. 5 Event

NEW ORLEANS -- Representatives of the U.S. Equal Employment Opportunity Commission (EEOC) will join several other governmental agencies in a Nov. 5 Baton Rouge public town hall meeting to educate and assist the public on employment issues and problems.

The EEOC will join with the U.S. National Labor Relations Board (NLRB), the U.S. Occupational Safety and Health Administration (OSHA) and the Louisiana Commission on Human Rights (LCHR) to discuss employment concerns at the event. People who believe they have been victims of employment discrimination based on race, sex, color, religion, national origin, age, disability, wages, work conditions, pregnancy or public accommodations are invited to attend.

The event will take place on Saturday, Nov. 5, 2011, 9:30 am – 12:00 pm, at the Southern University Law School, 2 Roosevelt Steptoe Drive, Room 129, A.A. Lenoir Hall, Baton Rouge.

This event is one of many being scheduled throughout the state where federal and state agencies will collaborate in their efforts to meet the citizens and discuss their employment concerns. Reaching more people through non-traditional outreach and information sharing will aid the agencies in maximizing their resources to assist workers in resolving issues before they escalate into intractable conflict. These federal and state agencies want to promote healthy workplaces through education and knowledge.

The event is free and open to the public, and no registration is required. Additional information regarding this event may be obtained by contacting EEOC Outreach Program Manager Tydell N. Whitfield at 504-595-2838 or tydell.whitfield@eeoc.gov.

The EEOC is the federal agency which enforces anti-discrimination laws in employment. The NLRB protects the rights of employees to join together, with or without a union, to improve their wages and working conditions. OSHA sets and enforces protective workplace safety and health standards. The LCHR enforces Louisiana laws that prohibit various forms of discrimination related to employment, public accommodations and banking and lending practices.

Updated November 3, 2011

Miss Deaf America Raises Awareness

Assistant English instructor Rachel Mazique is the only deaf member in the English department and she utilizes two interpreters who voice for her during her class. As Miss Deaf America, she said she uses her title to raise awareness about the deaf community and their unlimited capabilities.

Daily Texan Article

Updating Service Animal Policies at Hotels/Motels

ADA Defense Lawyers. What are some of the most common questions asked of our ADA Defense Lawyers? Many of them relate to "service animal" policies at hotels, restaurants and other places of public accommodation

Reflections on Disability Employment

A blog entry by Kathleen Martinez, Assistant Secretary of Labor for Disability Employment Policy.

New version of the IDEA manual from The Arc of Texas

IDEA, The Manual for Parents and Students about Special Education Services in Texas, 2012 is the newest version of what has become known as The IDEA Manual. The 2012 IDEA Manual is an invaluable resource for families trying to understand the Texas special education system and is available in both English and Spanish online here and at Disability Rights Texas websites. The manual can be downloaded and used by anyone.

The manual incorporates Federal and state laws including, the Individuals with Disabilities Education Act (IDEA) last reauthorized in 2004, current Federal regulations and current state laws through the 2011 Texas legislative session.

EEOC Sues Hospital Housekeeping for Disability Discrimination at Children's Hospital

Mentally Impaired Housekeeper Denied Time to Learn Safety Signs and Fired, Federal Agency Charges

FRESNO, Calif. – Hospital Housekeeping Systems of Houston, Inc. violated federal law when it denied reasonable accommodation and discharged a housekeeper due to her disability, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed against the housekeeping and linen services company. The alleged discrimination took place at the company’s operation at the Children’s Hospital Central California in Madera, Calif.

The housekeeper applied for the position in 2006 with the assistance of her mother, disclosing her difficulty with reading, which was due to a mental impairment. The department director assured them that it would not be an issue and hired her into the position, according to the EEOC. Two weeks later, a new department director indicated that the reading issue was a problem and tested the housekeeper’s ability to read signs at the hospital. The EEOC contends that the housekeeper requested time to learn the signs at home, since she was not able to do so quickly on the spot. However, the new department director denied her request for a reasonable accommodation and immediately fired her, despite the retention of other housekeepers without disabilities who were also unable to read the signs, according to the EEOC.

The EEOC filed suit against Hospital Housekeeping in the U.S. District Court, Eastern District of California, arguing that the actions are a violation of the Americans With Disabilities Act (EEOC v. Hospital Housekeeping Systems of Houston, Inc., Case No. 1:11-cv-01658-LJO-DLB). The EEOC’s suit seeks back pay, compensatory and punitive damages on behalf of the housekeeper, along with injunctive relief to ensure that future instances of disability discrimination do not occur.

“The EEOC is committed to ensuring equal access to work for people with disabilities,” said Anna Y. Park, regional attorney for the EEOC’s Los Angeles District Office, which includes Fresno in its jurisdiction. “Employers who deny equal opportunities to qualified individuals with disabilities run afoul of the law and lose out on a productive pool of workers.”

Melissa Barrios, director of the EEOC’s Fresno Local Office, added, “Applying higher standards to candidates and workers with disabilities is both wrong and illegal. In fact, employers should dialogue with them to ensure that proper accommodations – which are often minor – are made so they may be fully successful on the job.”

According to its website, Texas-based Hospital Housekeeping Systems services 6,600 medical facilities across the U.S. and has been in the business of housekeeping and linen management for over 30 years.

The EEOC is the federal agency that enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on the agency’s web site at www.eeoc.gov.

 

Updated October 27, 2011

Federal Judge Issues Permanent Legal Resolution for Blind Law School Graduate Who Paved the Way for Blind Test Takers

Berkeley, California (October 26, 2011): On Monday, October 24, the Honorable Judge Charles R. Breyer ended a two-year legal battle between a blind law school graduate and a national testing corporation over the graduate’s right to use a computer equipped with assistive technology to take the California Bar Exam. Granting Stephanie Enyart’s motion for summary judgment, Judge Breyer found that Ms. Enyart is entitled to take the bar exam on a computer equipped with text-to-speech screen reading and visual screen magnification software, as the method that will best ensure that she is tested on her aptitude rather than her disability.

Stephanie Enyart, who graduated from UCLA School of Law in 2009 and first sought to take the bar exam that same year, was forced into court by the refusal of the National Conference of Bar Examiners (NCBE) to allow her to take the bar exam using her primary reading method, a computer equipped with screen reading and screen magnifying software. Ms. Enyart, who became blind in her early adulthood as a result of macular degeneration, has relied on screen reading and screen magnifying technology to read since college, through law school, and in her professional career.

Although Ms. Enyart won a preliminary injunction in early 2010, ordering NCBE to provide her requested accommodations, the case has remained in court for almost two years, as NCBE unsuccessfully challenged the district court’s preliminary injunction order first to the Court of Appeals for the Ninth Circuit, and then to the United States Supreme Court. NCBE argued that it fulfilled its legal obligations to Ms. Enyart by offering accommodations such as Braille or a human reader—notwithstanding evidence that these alternatives do not work well for Ms. Enyart.

The courts resoundingly rejected that argument, holding that licensing examinations must be administered to exam takers with sensory impairments in a manner that “best ensures” that they are tested on what the examination purports to measure, rather than on the exam takers’ impairments.

Dr. Marc Maurer, President of the National Federation of the Blind, said: “Although blind people have practiced law successfully throughout history, we still face unreasonable and unwarranted barriers to entering and achieving success in the profession. Judge Breyer’s decision is a tremendous step forward in granting blind Americans seeking to enter the practice of law full and equal access to the process of acquiring their credentials. We applaud this common-sense ruling and expect full compliance going forward from the National Conference of Bar Examiners.”

Anna Levine of Disability Rights Advocates, an attorney representing the plaintiff, said, “Judge Breyer’s decision vindicates Stephanie Enyart’s request to take the bar exam on a computer, so that she can be tested on what other examinees are tested on, rather than on how well she uses an unfamiliar reading method. We only wish that NCBE had not fought this simple, justified request so aggressively over the past two years.”

The suit was filed on November 3, 2009, and charged that the NCBE violated the Americans with Disabilities Act (ADA) and California’s Unruh Civil Rights Act by denying accommodations on the Multistate Bar Examination and the Multistate Professional Responsibility Examination, two components of the California Bar Exam controlled by NCBE. The State Bar granted Ms. Enyart’s request to use a computer on the essay portions of the bar exam, but was unable to grant her request on the portions controlled by NCBE.

Ms. Enyart was represented with the support of the National Federation of the Blind (NFB) by Brown, Goldstein & Levy, LLP, in Baltimore, Maryland, and the LaBarre Law Offices, P.C., in Denver, Colorado. The plaintiff was further represented by Disability Rights Advocates (DRA), a national nonprofit law center that specializes in civil rights cases on behalf of persons with disabilities, with offices in Berkeley, California, and New York City.

The Arc of the United States Announces the Launch of its New Medicaid Reference Desk

Washington, DC – The Arc of The United States announced the launch of the new Medicaid Reference Desk. This resource is intended to help individuals with intellectual and developmental disabilities (I/DD) and their families as they navigate the complexities of Medicaid benefits, services and supports.

The Medicaid Reference Desk is an accessible, detailed, state-by-state information source about Medicaid benefits, which includes a glossary of terms, answers to frequently asked questions, person-centered planning resources and a blog from The Arc’s training specialist about issues related to Medicaid, self-advocacy and person-centered planning.

“This website helps individuals with intellectual and developmental disabilities and others access and gain knowledge about Medicaid, which is an essential lifeline for millions of individuals with intellectual and developmental disabilities and their families. As the largest organization defending the civil rights of people with intellectual and developmental disabilities, we are excited about the opportunities the Medicaid Reference Desk can provide to families across the country,” said Peter V. Berns, CEO of The Arc.

For people with disabilities and for those who provide their care, Medicaid serves as a valuable safety net. Often the only source of financial assistance for health care, Medicaid plays a critical role for people with disabilities in providing coverage and access to care. At least half of the funds for Medicaid programs come from the federal government with the remainder coming from state funds. Federal law contains detailed requirements and limitations on eligibility, services, and financing, but state laws vary.

This project was made possible by a grant from the U.S. Department of Health and Human Services, Administration on Developmental Disabilities (Grant No. 90 DN0215). You can explore the Medicaid Reference Desk on The Arc’s Website: www.thedesk.info.

The Arc advocates for and serves people with I/DD, including Down syndrome, autism, Fetal Alcohol Spectrum Disorders, cerebral palsy and other diagnoses. The Arc has a network of over 700 chapters across the country promoting and protecting the human rights of people with I/DD and actively supporting their full inclusion and participation in the community throughout their lifetimes and without regard to diagnosis.

Navigating College: New Handbook and Website

The Autistic Self Advocacy Network (ASAN) introduces a new handbook and website to assist college students with autism. This website is at http://www.navigatingcollege.org.

Updated October 26, 2011

Secretary of Labor Hilda L. Solis announces social Web partnership to connect unemployed Americans with jobs

WASHINGTON — Secretary of Labor Hilda L. Solis today announced an innovative partnership that leverages the combined audience and expertise of officials from the U.S. Department of Labor, Facebook, the National Association of State Workforce Agencies, DirectEmployers Association and the National Association of Colleges and Employers to provide crucial employment resources to job seekers through the use of social networks.

"Linking American job seekers with the resources they need to get back to work is a top priority of the Obama administration and my department," said Secretary Solis. "By leveraging the power of the social Web, this initiative will provide immediate, meaningful and ready-to-use information for job seekers and employers, and a modern platform to better connect them."

As part of the announcement, Facebook officials debuted a "social jobs partnership" page that highlights available training programs, educational opportunities and job search resources, which can be accessed at http://www.facebook.com/socialjobs. Facebook also made a commitment to drive traffic to the page through targeted online public service announcements that will appear to users in geographic areas experiencing high unemployment.

Additionally, the partner organizations will conduct in-depth survey research about how job seekers, college career centers and workforce recruiters are using the social Web effectively; explore how job postings can be shared on Facebook and through other social websites at no charge; and distribute educational materials to recruiters, government agencies and job seekers about the utility of the social Web.

"Facebook is about connecting people, so that they can share what's important to them, and that is the driving force behind the social jobs partnership," said Marne Levine, Facebook's vice president of global public policy. "We've brought employers, recruiters, college career services and government agencies together to help the millions of Americans who use Facebook to find jobs."

In the coming months, public and private-sector partners who have committed to helping Americans find jobs through resources and technology will be added. To view streaming video of the announcement, click on http://s.dol.gov/IZ.

FCC Reversed 298 Closed Captioning Exemptions

On October 20, 2011, the FCC reversed 298 permanent closed captioning exemptions. The FCC did this in an order granting an "Application for Review" that was filed by consumer groups in 2006. The consumer groups had asked the FCC to reverse the "Anglers Order," an order that had changed the criteria for obtaining a closed captioning exemption. The FCC had relied on that order to grant the nearly 300 exemptions that are now overturned. The FCC has now restored the original criteria for determining closed captioning exemptions.

ADA in the News

Updated October 14, 2011

Social Security Expands Compassionate Allowances Conditions

Michael J. Astrue, Commissioner of Social Security announced 13 new Compassionate Allowances conditions involving the immune system and neurological disorders. The Compassionate Allowances program fast-tracks disability decisions to ensure that Americans with the most serious disabilities receive their benefit decisions within days instead of months or years. Commissioner Astrue made the announcement during his remarks at the U.S. Conference on Rare Diseases and Orphan Products in Washington, D.C.

“Social Security handles more than three million disability applications each year and we need to keep innovating and making our work more efficient,” Commissioner Astrue said. “With our Compassionate Allowances program, we quickly approved disability benefits for more than 60,000 people with severe disabilities in the past fiscal year. We have made significant improvements, but we can always do more.”

The Compassionate Allowances initiative identifies claims where the nature of the applicant’s disease or condition clearly meets the statutory standard for disability. With the help of sophisticated new information technology, the agency can quickly identify potential Compassionate Allowances and then quickly make decisions.

Social Security launched the Compassionate Allowances program in 2008 with a list of 50 diseases and conditions. The announcement of 13 new conditions, effective in December, will increase the total number of Compassionate Allowances conditions to 113. The conditions include certain cancers, adult brain disorders, a number of rare genetic disorders of children, early-onset Alzheimer’s disease, idiopathic pulmonary fibrosis, and other disorders.

The agency announced a small grant program for graduate students that will help Social Security improve its list and has recently awarded an approximately $1.5 million grant over a five-year period to Policy Research, Incorporated (PRI) through the Disability Determination Process Small Grant Program. This new program aims to improve the disability process through innovative research by graduate students who will receive small stipends for their work. In addition, the agency recently streamlined its online disability application for people who have a condition on the Compassionate Allowances list.

For more information on the Compassionate Allowances initiative, please visit www.socialsecurity.gov/compassionateallowances.

Houston Volunteer Parking Enforcement Program

As part of Mayor Annise D. Parker's Volunteer Initiatives Program (VIP), Houston is holding volunteer trainings for citizens interested in getting involved in protecting their communities and helping fight disabled parking abuse.

The Disabled Parking Volunteer Program is designed to ensure individuals whose needs require accessible parking spaces have those spaces available. With the generous help of citizen volunteers, Parking Management is better able to ensure parking space availability to those who need it most.

Volunteers are required to attend a four hour training session and pass a background check. Once complete, volunteers are empowered to issue citations to those who abuse disabled parking spaces.

Upcoming Training Schedule

Navigating Cities, for the Blind

Wired magazine interview with an urban design student who is blind.

Updated October 11, 2011

I Have a Dream: Creating Your Life Portfolio

The Southeast ADA Center announces the pilot project, I Have a Dream: Creating your Life Portfolio, to focus on prevention efforts as it will introduce and expose students with disabilities and their parents, through the arts and music, to the Americans with Disabilities Act (ADA) along with the myriad of education and career options available to them beyond their K-12 educational years.

Domestic Violence Shelter Receives Disability Grant to Serve Women with Disabilities

Texas State Rep. Lloyd Doggett, a senior member of the Ways and Means and Budget Committees, announced that the Travis County Domestic Violence and Sexual Assault Survival Center (SafePlace) will receive $500,000 to collaborate with Disability Rights Texas (DRTx) to address obstacles that women with disabilities have in accessing domestic violence and sexual assault services. Understanding these obstacles is they key to developing services for individuals with disabilities who are victims of domestic violence, dating violence, stalking and sexual assault.

These federal dollars were funded through the Disability Grant Program created by the Violence Against Women Act of 2005 to enhance services to individuals with disabilities who may have been a victim of domestic violence or other forms of assault. Originally founded in 2006, SafePlace will build upon and enhance past efforts by increasing the awareness of the Deaf community and people with disabilities about domestic violence and sexual assault services that are available to them, enhancing the knowledge of all SafePlace and DRT staff about the intersection of domestic violence, sexual assault disability issues, and increasing access to safe, welcoming, and appropriate services. These goals will be achieved by developing an online cross-training for new employee orientation and continued education for existing staff; modifying policies and practices to increase access to services for women with disabilities; and engaging in outreach efforts targeting people with disabilities and the Deaf community to ultimately enhance services and response to victims.

SafePlace is ending sexual and domestic violence through safety, healing, prevention and social change. With more than 35-years experience working with survivors of sexual assault and domestic violence in Austin/Travis County, SafePlace is an internationally recognized leader for its innovative and valuable programs. Learn more at http://www.safeplace.org. If you need help, call their 24 Hour Hotline: (512) 267-SAFE or 927-9616 TTY.

Updated October 6, 2011

Supreme Court Considers ADA case concerning Religious Schools and their Employees

The Supreme Court heard oral arguments Wednesday in a case that asks whether teachers in religious schools are exempt from civil rights laws. The court's eventual decision will have profound implications for the nation's religious institutions and the people who work in them.

Texas Leads Nation in Veteran Employment

Austin - According to the most recent data provided by the U.S. Department of Labor, Texas has helped more veterans get jobs than any other state in the country. The Texas Veterans Commission (TVC) assisted 38,714 veterans enter the workforce in a 12-month period - the highest number of any state nation-wide.

The Department of Labor monitors performance measures to quantify the effectiveness of each state’s employment service delivery system. The most important performance measure is the number of Veterans that enter employment following staff assistance from Veterans Employment Services.

“The Texas Veterans Commission leads the country on the number of Veterans entering employment because we are Veterans helping Veterans in an organization that is committed to meeting all their needs,” said Thomas Palladino, Executive Director for the Texas Veterans Commission. “The Texas Veterans Commission is unique because we not only assist Veterans with employment, but with education and claims with the U.S. Department of Veterans Affairs. We also award grants to organizations who provide services to Veterans and their families through the Fund for Veterans Assistance.”

Other successes of the Texas Veterans Commission employment program include its Veterans Business Representatives, Family Assistance Employment Counselors (FEAC) and dedicated Real Lifelines personnel that focus on wounded warriors and their families.

Over 175 Texas Veterans Commission employment representatives are located in more than 75 cities throughout Texas. They offer priority assistance to Veterans with job applications, resume preparation, job matching and searches, as well as intensive services.

The mission of the Texas Veterans Commission is to advocate for and provide superior service to Texas Veterans and their families in the areas of disability claims assistance, employment services, education benefits and grant funding. Across the agency’s four program areas, more than 270 skilled counselors provide one-on-one guidance to Veterans and their families to ensure they receive all of the benefits to which they are entitled.

Let Your Voice Be Heard!

by Nakia Matthews, Media Production and Technology Coordinator, National Disability Institute.

We asked Americans with disabilities to share their stories with us - to let their voices be heard. You can now cast your vote for your favorite video in National Disability Institute's "My American Dream - Voices of Americans with Disabilities" Video Contest!

The contest is down to five finalists. Visit the My American Dream Video Contest website - http://dream.realeconomicimpact.org - to vote for your favorite by Friday, October 7.

The grand prize winner determined by your votes will receive $1,000, an iPad2 and sessions with a mentor to help take steps toward their dream.

National Disability Institute wants the voices of all Americans with disabilities to be heard and to highlight the important steps people are taking to build economic self-sufficiency by sharing their American dreams. Your vote and participation in this contest helps make that possible.

Thank you for being part of the conversation, being part of the solution and being part of the economic empowerment of people with disabilities.

U.S. Department of Transportation Proposes New Rules for Airports

The U.S. Department of Transportation is proposing to amend its rules implementing section 504 of the Rehabilitation Act of 1973, which requires accessibility in airport terminal facilities that receive Federal financial assistance. The proposed rule includes new provisions related to service animal relief areas and captioning of televisions and audio- visual displays that are similar to new requirements applicable to U.S. and foreign air carriers under the Department's Air Carrier Access (ACAA) regulations, 14 CFR part 382. It also proposes to reorganize the provision in 49 CFR 27.72 concerning mechanical lifts for enplaning and deplaning passengers with mobility impairments, and to amend this provision so airports are required to work not only with U.S. carriers but also foreign air carriers to ensure lifts are available where level entry loading bridges are not available. This proposed rule would apply to airport facilities located in the U.S. with 10,000 or more annual enplanements and that receive Federal financial assistance.

U.S. Transportation Secretary Ray LaHood Takes Action to Make Websites and Kiosks Accessible to Air Travelers with Disabilities

The U.S. Department of Transportation (DOT), in its ongoing effort to ensure equal access to air transportation for all travelers, today proposed a regulation that would require airlines to make their websites accessible to individuals with disabilities and ensure that their ticket agents do the same.  DOT also proposed that airlines make automated airport kiosks at U.S. airports accessible to passengers with disabilities. U.S. airports that jointly own, lease or control such kiosks with airlines would also have responsibility for ensuring the accessibility of automated airport kiosks.

Under the proposed rule, airlines would be required to make their websites accessible to persons with disabilities over a two-year period.  Websites would be required to meet the standards for accessibility contained in the widely accepted Website Content Accessibility Guidelines.  The requirement would apply to U.S. and foreign carriers with websites marketing air transportation to U.S. consumers for travel within, to or from the United States. Small ticket agents would be exempt from the requirement to have accessible websites.

In addition, airlines and airports that use automated kiosks for services such as printing boarding passes and baggage tags would have to ensure that any kiosk ordered 60 days after the rule takes effect is accessible. Standards for accessibility would be based on standards for automated transaction machines set by the Department of Justice in its 2010 Americans with Disabilities Act rule. This requirement would apply to U.S. and foreign carriers and U.S. airports that own, lease or control automated airport kiosks at U.S. airports with 10,000 or more annual boardings. The proposal asks for comment on the cost and feasibility of retrofitting existing kiosks to make them accessible.

This proposal is the latest in a series of DOT rulemakings to implement the Air Carrier Access Act (ACAA).  In the ACAA rule issued in May 2008, DOT required carriers, among other things, to make discounts available to passengers with disabilities who cannot use inaccessible web sites and therefore must make telephone or in-person reservations. Also, if passengers with disabilities are unable to use the kiosk because it is not accessible, carriers are required to provide equivalent service, such as having an airline employee assist in operating the kiosk.  However, these provisions do not give passengers with disabilities, especially those with visual and mobility impairments, independent access to the websites and kiosks, and in this final rule the Department committed to exploring how to make websites and kiosks accessible.

Wireless RERC Releases Findings on the Wireless Use by People with Disabilities

The Wireless RERC (Rehabilitation Engineering Research Center) created “SUNspot” research notes to share some of the latest findings of its ongoing Survey of User Needs (SUN). This survey is about the use and usability of wireless technology by people with disabilities. This survey began in 2001.

FHEO Issues Guidance to Assist Persons with Disabilities Transitioning from Institutions

Blog post by Bryan Greene, HUD

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