ADA Pipeline [Editor’s note: Plan text version with photos and other images removed] A Publication of the DBTAC: Southeast ADA Center Volume 18, No. 2, 2009 A Project of the Burton Blatt Institute: Centers of Innovation on Disability at Syracuse University A Publication of the DBTAC: Southeast ADA Center Volume 18, No. 2, 2009 Inside 4 Making a Difference: Southeast DBTAC Affiliates Put the ADA in Action 6 Participatory Action Research 9 Employer Perspectives on Employment of People with Disabilities 10 Department of Justice Update 16 EEOC and Access Board Updates 19 New Publications and Online Resources 25 Mark Your Calendar October is National Disability Employment Awareness Month By Shelley Kaplan, Project Director DBTAC: Southeast ADA Center Burton Blatt Institute at Syracuse University “Work is fundamental to our lives. It helps define us and gives us the opportunity to contribute and to find purpose while paving the way towards our personal goals. For many Americans with disabilities, however, meaningful employment is often unreachable. Many are being overlooked for competitive jobs and many more are being hired in low level jobs that provide little growth or economic reward.” These remarks by Neil Romano, former Assistant U.S. Secretary of Labor, still ring true despite passage of the Americans with Disabilities Act of 1990. Congress designated each October as National Disability Employment Awareness Month (NDEAM). The Office of Disability Employment Policy (ODEP) has the lead in planning NDEAM activities and materials to increase the public's awareness of the contributions and skills of American workers with disabilities. In August 2009, the unemployment rate of persons with a disability was 16.9 percent, compared with 9.3 percent for persons with no disability, not seasonally adjusted. The employment-population ratio for persons with a disability was 18.4 percent, compared with 64.6 percent for persons with no disability. “Expectation + Opportunity = Full Participation” is the official theme for October’s National Disability Employment Awareness Month. It is intended to urge employers, as they seek to fill positions, to embrace the richness of America’s diversity by considering the talents of all workers, including workers with disabilities. It is important that we ensure, as a nation, that both people with disabilities and their employers expect that they will fully participate in our workplaces. People with disabilities offer a wide variety of skills and abilities to employers with a level of loyalty that cannot be surpassed. “People with disabilities must be woven into our work culture. Already, we benefit from the incredible array of talent they bring to our workplaces. But we must raise the bar, we must create the inexorable expectation that people with disabilities will contribute in every way to our economic successes. Only by nurturing this expectation and providing people with disabilities with unlimited employment opportunities, can we all benefit from their talents. – Kathy Martinez, Assistant Secretary, Office of Disability Employment Policy [Note: Image removed of 2009 National Disability Employment Awareness Month Poster] Close to Home: Southeast ADA Center Affiliate Helps Protect Employment Rights The DBTAC: Southeast ADA Center works with a diverse staff, both with and without disabilities, located throughout the Southeast region and nation. Its regional network of 99 Affiliates—organizations working with the DBTAC to promote voluntary compliance with the ADA—are leaders in their state’s ADA implementation activities. These Affiliates also employ staff who are people with and without disabilities. They also assist others in obtaining their right to reasonable accommodation in order to stay employed. For example, a school teacher employed with a Gulf Coast Mississippi school district contacted LIFE of Mississippi because she was experiencing employment discrimination under ADA. The teacher has a neurological disease, and the residual effects cause increased blood pressure and fainting spells. She has a service dog that alerts her before she has a crisis so that she can sit down before she faints, thus preventing further injury. The school district had refused to allow her to bring the animal to school with her, stating that it would scare the students or could cause harm. The Director of LIFE sent a letter to the Assistant Superintendent of the school, explaining the teacher’s rights under the ADA and offering to meet with them to discuss the issue further. A meeting was held between the teacher, her employer and Christine Woodell, a LIFE staff member and Southeast DBTAC TA Team ADA Information Specialist. The school district now has a much better understanding of the teacher’s rights under ADA and has allowed the service dog to accompany her to school. This will give the teacher the opportunity to teach the students about her disability and how the dog helps her do her job. The Southeast DBTAC is proud to be a project of the Burton Blatt Institute (BBI), an organization responsible for ground-breaking research and policy recommendations that advance the civic, economic and social participation of persons with disabilities in a global society. Among BBI’s many employment-related projects of national significance are: • Corporate Culture & Disability http://bbi.syr.edu/projects/corpculture • Disability and Asset Accumulation http://bbi.syr.edu/projects/#daa • Entrepreneurship Bootcamp for Veterans with Disabilities http://bbi.syr.edu/projects/#ebv Ways to Recruit Talented Workers with Disabilities • Postings at job service or workforce employment centers • Contacting college and university career centers • Partnerships with disability-related advocacy organizations • Including people with disabilities in diversity recruitment goals • Postings at disability-related publications • Postings at disability-related websites • Postings or tables at disability-related job fairs • Postings at Vocational Rehabilitation • Establishing summer internship and mentoring programs • Postings at Independent Living Centers Source: Office of Disability Employment Policy, U.S. Department of Labor. www.dol.gov/odep Resources You Can Use for Your October Disability Employment Awareness Activities Hear what businesses have to say about the value of employees with disabilities www.earnworks.com/BusinessCase/index.asp Employer Perspectives on Employment of People with Disabilities www.dol.gov/odep/documents/EmployerPerspectives.pdf (PDF version) Disability.gov – Disability-Related Programs and Services Disability.gov offers social media tools, upgrades to complement information from 22 federal agencies on disability-related programs and services. Disability Employment Statistics www.bls.gov/cps/cpsdisability.htm Labor Day Message from Assistant Secretary Kathleen Martinez www.dol.gov/odep/bsense/bsenseSPECIAL2.htm …America's future success requires us to capitalize on the talents of all segments of the population, and the responsibility is shared. The Value of Experience www.dol.gov/odep/bsense/bsense0409.htm …In business, the investment that drives innovation isn't tangible-it's talent. The knowledge, skills and abilities employees bring to work each day are the assets that yield the most output over the long term. And the ability to attain and retain this human capital is critical to business survival, in good times or bad. [end of story] The New Publications and Online Resources section of this issue includes additional materials to help you celebrate National Disability Employment Awareness Month. It begins on page 19. ADA Pipeline ADA Pipeline is published twice each year by the DBTAC: Southeast ADA Center (Southeast DBTAC). The Southeast DBTAC is authorized by the National Institute on Disability and Rehabilitation Research, Grant #133A060094 to provide information, materials, and technical assistance to individuals with rights, as well as entities, that are covered by the ADA. The information, materials, and technical assistance are intended solely as informal guidance; this assistance does not serve as determination of your legal rights or responsibilities under the ADA, nor is it binding on any agency with enforcement responsibilities under the ADA. ADA Pipeline is available, free of charge, to subscribers in the eight southeastern states, and it is available upon request in regular or large print, braille, audio cassette, and compact disk. Southeast DBTAC Project Staff • Peter Blanck, J.D., Ph.D Co-Principal Investigator • Shelley Kaplan Project Director/Co-Principal Investigator • Meera Adya, J.D., Ph.D Director of Research • Pamela Williamson Director of Training and Technical Assistance • Sally Weiss Director of Materials and Dissemination • Marsha Schwanke Web Developer • Mary Morder Help Desk Specialist/Newsletter Editor • Amy Oliveras Office Administration • Sarah Endicott Information Specialist • Cheri Hofmann Information Specialist/Distance Learning Coordinator • Linda Priest Information Specialist • Becky Williams Information Specialist • Christine Woodell Information Specialist [end of story] Making a Difference Southeast DBTAC Affiliates Put the ADA in Action Southeast DBTAC State Affiliates continue to be very active in their efforts to increase voluntary compliance with the ADA. Highlights of some of their activities are summarized below. LIFE of Mississippi Supports ADA Coordinator for the City of Jackson The ADA Coordinator for the City of Jackson, Mississippi was hired as the result of grass roots advocacy by the disability community. The coordinator has been in place for about 18 months and has been assigned to the Department of Human and Cultural Services where a position for an ADA Coordinator was a budget line item. The city developed a job description based on similar descriptions obtained through the Southeast DBTAC. LIFE of Mississippi, the Southeast DBTAC State Affiliate, assigned two AmeriCorps members to the ADA Coordinator to help with the development of the city’s ADA Plan. The ADA Plan will be complete by October 1, 2009. In the meantime, several policy and procedures have already either been implemented or changed. These include: implementation of an ADA Notice and a change in the transit department’s policy that enhances and improves bus riders rights and transit responsibilities. South Carolina Employment Security Commission Advises the Ticket to Work Program ADA Coordinators are now available in all 36 South Carolina Employment Security Commission (SCESC) Workforce Centers. The ADA Coordinators can advise individuals with disabilities who need additional assistance or guidance, and they also answer questions regarding ADA requirements. The SCESC is an approved Employment Network for the Social Security Administration. Therefore, each ADA Coordinator will serve as the Employment Network contact for the Workforce Center. After the Social Security beneficiary (i.e., potential employee) receives her or his Ticket to Work from the SCESC, the ADA Coordinator will talk with the beneficiary to develop a plan and work together toward an employment goal. Disability Resource Group Spreads ADA Knowledge to Corporations in Georgia The Southeast DBTAC’s Georgia State Affiliate, Disability Resource Group (DRG) is working closely with two multinational corporations to help them increase the number of employees with disabilities at all levels. Members of their Human Resource departments now serve on the DRG board where they are given concrete examples of what other corporations are doing in hiring and maintaining employees with disabilities. Both board members receive ADA materials they can distribute to managers, thus planting the seeds of inclusion. Both corporations are planning corporate-wide major events such as a mentoring day, “lunch and learn” sessions for managers, and workplace assistive technology demonstrations during October, as part of National Disability Employment Awareness Month. DRG’s work with these large companies makes us optimistic that corporate America will finally see disability as an important part of diversity. Tennessee Airport Adapts Policy for Service Animals — What a Relief! The Tennessee State Affiliate, the Tennessee Disability Coalition (TDC) followed up on recent communication from the Metro Nashville Airport about a pet relief area at the Nashville International Airport. The Airport recently opened an area for its customers’ service animals and in announcing the opening, the staff person had referenced a “pet” area. In response, TDC staff sent an email about service animals being different from pets and that perhaps the area could be labeled “pet and service animal area.” TDC staff also sent a follow-up after reviewing the Air Carrier Access Act (ACAAA), with a suggestion to use the phrase “animal relief area,” language from the Act that denotes the area is for pets and service animals. The airport staff thanked TDC for the information. At press time, the airport had not yet changed the signage. Updates will be posted to the “Promising Directions” section of the Southeast DBTAC’s website at www.sedbtac.org/promisingpractices.php?idpg=17. Books in Braille for Young Readers in Tennessee Earlier this year, in response to a call from the mother of a child who is blind, the Tennessee ADA Network Administrator, Donna DeStefano, contacted David Dotson, President of the Dollywood Foundation that runs the Imagination Library Program. The program sends a free book in the mail each month to children from birth through preschool who live in three communities — in Dolly Parton’s home community of Sevier County, Tennessee, in Branson, Missouri, and in Myrtle Beach, South Carolina — all are places where Parton owns businesses. Ms. DeStefano asked Mr. Dotson about providing books in Braille for children who are blind. Mr. Dotson spoke with the American Printing House (APH) for the Blind about what an achievable goal might be – offering as many books as possible in Braille or another alternate format. Some children’s books in Braille already exist. APH advised that some books do not translate well to Braille — presumably those that have more pictures than text. APH said that 20 books can easily be made accessible. Mr. Dotson said that they can’t make the books available through their current system as it may be too costly. However, they agreed to meet face-to-face in Louisville or Nashville to discuss how to get the most access at reasonable costs. The program will also pursue collaborations with the Tennessee School for the Blind and the Governor’s Books from Birth Program. (For more information about the Imagination Library Program, go to www.dollysimaginationlibrary.com/home.php.) Community Accessibility Increases, Thanks to the Work of LIFE of Mississippi LIFE of Mississippi, the Southeast DBTAC State Affiliate, has provided training for all new AmeriCorps members working with the LIFE/Project LINC (Linking Individuals into Neighborhoods and Communities), and for LIFE staff. Thirty AmeriCorps members participated in more than eight hours of ADA training in October and February on the Readily Achievable Barrier Removal Checklist, basic ADA information, tax incentives for businesses and more. Twenty-one LIFE staff received eight hours of training on performing site surveys, participatory action research, tax incentives, Title II, Title III, etc. AmeriCorps members worked with LIFE staff to conduct 50 site surveys at businesses, public places and government offices throughout the state. Sites were chosen based on consumer needs. During the year, AmeriCorps members surveyed 102 businesses. Thus far, they have conducted follow-up reviews of 53 locations. At this point, 53% of the businesses are removing the identified barriers to provide greater accessibility for persons with disabilities. Tennessee Disability Coalition Improves the Accessibility of Their Website The Tennessee Disability Coalition (TDC) website, (www.tndisability.org) has recently been redesigned. Throughout the redesign process, TDC worked with Robert Todd, Senior Research Scientist at Georgia Tech’s Center for Assistive Technology and Environmental Access (CATEA) to ensure the site’s accessibility. Before launching the site, the TDC also had staff from member agencies test it for usability with screen readers and other assistive technology. In a related project, and as part of their ongoing relationship, staff from the Frist Center for the Visual Arts met with TDC staff to receive guidance on accessible websites development. TDC staff provided information on website accessibility standards and explained TDC’s process in redesigning their site, including having people with disabilities test the site for usability. [end of story] Participatory Action Research – Including People with Disabilities as Equal Partners in the Research Process The second year has just ended for the Southeast DBTAC’s research project: “Examining the Civic, Social and Economic Participation of Persons with Disabilities.” This three-year research project, which is directed by our research partners at the Burton Blatt Institute at Syracuse University, investigates community accessibility and its effects on community participation. The foundation of our research includes three data collection activities: (1) site visits that document the successes and challenges people with disabilities experience when participating in public activities offered in their communities; (2) surveys of individuals in the communities about their community participation; and, (3) interviews with policymakers who are involved with community accessibility. Using the Participatory Action Research (PAR) Model This research project uses the Participatory Action Research (PAR) model by including members of the Southeast DBTAC’s Affiliate Leadership Network (ALN), comprised of people with and without disabilities, at all stages of the research. The ALN Team Members have been equal partners in designing and conducting the research. For example, the ALN Team Members have provided guidance and feedback on site survey protocols, on effective implementation of the site surveys, and they will also provide guidance during the data analysis and interpretation of findings. To conduct this research, we are looking at the accessibility of public entities in two cities in each of the eight Southeastern states served by the Southeast DBTAC. The public sites chosen must be: (1) cities which can be characterized as low in accessibility because they entered into a Project Civic Access Settlement Agreement with the Department of Justice and (2) cities which are similar to Project Civic Access settlement agreement cities but which can be characterized as high in accessibility because they do not have such an agreement. We selected cities in this manner so that we can examine community participation among people with disabilities living in communities with a range of accessibility. In addition to completing interviews with policymakers and city residents, cross-disability site survey teams are conducting site visits of public entities in the two communities that are selected in each state. A Three-Year Project In Year One of this research project, our Georgia Affiliate – Disability Resources Group, under the leadership of Nancy Duncan – helped develop and refine the site review protocol (research methods and procedures) and piloted the use of the site review protocol in Savannah and Athens. In Year Two, three other Southeast DBTAC Affiliates have conducted site reviews in Mississippi, North Carolina and Tennessee. In Year Three, similar site reviews will be conducted in Alabama, Florida, Kentucky and South Carolina. Looking at Accessibility in the Local Community In each community a research team, consisting of six individuals with and without disabilities, visits a public library, the city hall, the civic center, and a park or recreation facility. Each member of the team also contacts the community police department to ask about emergency services available to people with disabilities. Research team members request information from each facility using the phone, a TTY/relay service, e-mail and a website. A key point of the project is that the site survey records the level of accessibility in the buildings and the programs only on that particular day. A facility may or may not have someone familiar with accessibility requirements present at the time of the site review. Consequently, the site assessment uncovers the reality of what happens when a person walks in off the street and asks for effective communication (e.g., sign language interpreter, captioning, materials in Braille or CD, etc.) or tries to find—and use—the accessible entrance or bathroom! The teams are there to see how accessible a particular site is; they do not advocate change or report ADA noncompliance to the federal enforcement agencies. However, these visits sometimes bring positive results. Here is what happened at a recent site visit in Tennessee: A researcher without a disability was the last person to visit city hall. As she entered the hallway near the offices, she heard two city employees discussing the upcoming city council meeting. A gentleman said, “What I want to know is, are we prepared?” A woman responded, “We have spaces for wheelchairs….” The gentleman then said, “I’m not just talking about people in chairs, I mean all types - do we have alternate formats?” The researcher was pleased to see that her team’s presence throughout the day clearly had an impact and that the city employees were now talking about accessibility issues! Editor’s note: The photographs in this article were taken during site visits conducted by the Tennessee Participatory Action Research (PAR) survey team. Editor’s Note: Four photographs of accessible features were removed from this text-only version of the article. The captions for these photos were: Accessible drinking fountain in a public museum Accessible pay phone in a public library Accessible restroom at a public truck stop Accessible outdoor water fountain in a park [end of story] Be sure to visit the ADA Training Resource Center adacourse.org A comprehensive resource for training materials on the ADA. Includes Case Law, Case Studies, Handouts, Statistics & Quotes, TIPS sheets, and Presentations Record Number of People with Disabilities Voted in 2008 Election According to a study by Lisa Schur and Douglas Kruse, professors at the School of Management and Labor Relations, Rutgers University, who have conducted numerous studies on voting and people with disabilities, 3.8 million more people with disabilities voted in the 2008 presidential election than the 2000 presidential election. According to the study, 14.7 million Americans with disabilities voted in the 2008 presidential election. About 10.9 million Americans with disabilities voted in the 2000 presidential election. “The 2002 passage of the Help America Vote Act, which mandates voting be accessible, created enormous energy in the disability community,” said AAPD’s Vice President for Organizing and Civic Engagement Jim Dickson. AAPD has been leading nonpartisan voter registration and education drives amongst the nation’s 56 million people with disabilities since 2001. The numbers of voters with disabilities in 2008 shows voters with disabilities are just as large of a voting bloc as other minorities as compared to 15.9 million African-Americans and 9.7 million Hispanic voters in the 2008 election. Read more at www.aapd.com/Communications/2009RecordNumbers.html [Editor’s note: Photo removed showing a wheelchair user entering an accessible polling place.] [end of story] UPDATE: Accessible Transportation in Jackson, Mississippi LIFE of Mississippi has advocated ceaselessly for two years for an improved transportation system in the city of Jackson. When the requests were continuously ignored, and the many Federal Transportation Administration (FTA) complaints were not resolved, several individual consumers and consumer organizations filed suit against the city. They are in settlement negotiations now. LIFE of Mississippi is also the Southeast DBTAC’s State Affiliate and operates the Mississippi ADA Network. The Network has followed this issue since its beginning and is currently compiling a timeline of events leading up to the lawsuit and settlement agreement. The group has developed an Action Plan for Achieving Transportation Access, a “how-to” document that is part of a larger FTA project awarded to the Meeting the Challenge, parent organization of the Rocky Mountain DBTAC. The objective of the overall project is to increase transit ridership by people with disabilities and compliance with ADA regulations by transit providers through a program of research, development, and dissemination of materials related to Americans with Disabilities Act (ADA) transportation regulation compliance and accessible transportation understanding for people with disabilities. For more information on this story, see the Department of Justice Update on page 11. [Editor’s note: Photo removed showing a wheelchair user boarding a public bus by using a wheelchair lift.] [end of story] Do You Need this Newsletter in an Accessible Format? For a copy of the ADA Pipeline in regular print, PDF, large print or plain text, check out the Publications/Newsletter section of our web site at www.sedbtac.org/pipeline.php for links to those formats. If you need to order a copy in Braille, please contact us at 1-800-949-4232 (voice/TTY) or e-mail us at sedbtacproject@law.syr.edu. [end of story] Employer Perspectives on Employment of People with Disabilities In the first survey of its magnitude, 3,797 businesses representing 2.4 million companies, across 12 industry sectors and various company sizes, reported on their beliefs about and strategies for recruiting, hiring, retaining and advancing employees with disabilities. Employer Concerns Can an employee with a disability get the job done? Employers indicated the nature of the work or the skills and abilities of people with disabilities are an issue. It is well known that every person is not right for every job, but many employers don’t realize that people with disabilities represent a diverse labor pool with a wide range of backgrounds and experience, capable of meeting or exceeding performance standards. A Virginia Commonwealth University survey of 250 supervisors in 43 businesses indicated that supervisors were satisfied with the performance of their employees with disabilities, rating their performance similar to that of their non-disabled peers. How will supervisors manage employees with disabilities? Managing employees with disabilities is really no different than managing any other employee: provide them with the tools and procedures they need to get their job done and then evaluate and reward them based on performance to expected standards. Disability awareness training and other learning experiences can help to alleviate this concern. Are accommodations expensive? According to the Job Accommodations Network (JAN), a free, confidential service funded by ODEP, 46 % of employers report that accommodations needed by employees and job applicants with disabilities cost absolutely nothing (i.e., simple, no cost adaptations). For those accommodations requiring a cost, the typical one-time expenditure was $500 (www.jan.wvu.edu/media/LowCostHighImpact.doc). JAN has provided expert consultation on cost-effective accommodations, the ADA, and assistive technologies for more than 25 years. Will my organization’s worker’s compensation and health care costs increase? Most large- and medium-sized businesses report no significant increase in costs. Employers also report that any costs are outweighed by the value that workers with disabilities bring to the workplace. The benefits of hiring workers with disabilities are demonstrated in the ODEP Business Case available at www.earnworks.com/businesscase. Tools & Resources Employers Can Use to Hire, Retain and Advance Employees with Disabilities • Employer tax credits and incentives • Disability awareness training • Visible top management commitment • Mentoring • Assistive Technology • Using a specialized recruiting source • Flexible work schedules • Training existing staff • On-site consultation or technical assistance • Disability targeted internship program • Short-term job assistance through a job coach • Developing a targeted recruitment program • Centralized accommodations fund • Reassignment Source: Survey of Employer Perspectives on the Employment of People with Disabilities, Domzal, C., Houtenville, A., and Sharma, R. (2008) Prepared under contract by CESSI, Division of Axiom for the Office of Disability and Employment Policy, U.S. Department of Labor. For copies of survey reports referred to in this document, please visit: www.dol.gov/odep/categories/research/ [end of story] Department of Justice Update Enforcing the ADA: A Status Report from the Department of Justice This summary is excerpted from “Disability Rights Online News,” a bi-monthly update of activities of the Civil Rights Division in the area of disability rights, and from “Enforcing the ADA,” a quarterly status report on ADA activities. It highlights ADA activities of the Department of Justice in the Southeast from April 2009 to July 2009. The full reports are available at www.ada.gov/disabilitynews.htm and www.ada.gov/statrpt.htm. Justice Department Intervenes in Americans with Disabilities Act Lawsuit against Transportation Provider – On June 23, 2009, the Justice Department moved to intervene in a lawsuit filed in federal court in Jackson, Mississippi, challenging inaccessibility in Jackson’s public transportation system. The pending lawsuit, filed by 11 residents of Jackson with disabilities and two non-profit organizations that work on behalf of people with disabilities, alleges violations of the Americans with Disabilities Act and the Rehabilitation Act of 1973 (ADA). The Department’s complaint alleges that the city of Jackson has failed to maintain, promptly repair and keep in operative condition the wheelchair lifts of the city’s fixed route bus system, known as JATRAN; has failed to adequately train personnel to properly assist passengers with disabilities; has failed to provide the required level of service to passengers of Handilift, the ADA complementary paratransit service; and has otherwise denied individuals with disabilities benefits to which they are entitled under the law. The Department’s complaint details allegations of injury caused by inaccessible public transportation in Jackson. The factual allegations in the Department’s filing include frequent instances where individuals who use wheelchairs are forced to wait while multiple JATRAN buses with inoperable lifts pass them by, often leaving them stranded as they attempted to get to work, to medical appointments and to numerous other essential destinations such as grocery shopping. The government further alleges that the availability of Handilift service to ADA paratransit eligible persons is significantly limited by capacity constraints, including failure to provide next-day service, failure to plan to meet the demand for paratransit services, a substantial numbers of trip denials, significantly untimely pickups and limitations to telephone reservation capacity. The Americans with Disabilities Act, the Rehabilitation Act of 1973, and their implementing regulations detail the requirements with which fixed-route and complementary paratransit public transportation systems must comply. (www.usdoj.gov/opa/pr/2009/June/09-crt-612.html) RV Park Sued for Discriminating against Child with HIV -- On January 16, 2009, the Department filed a lawsuit against Wales West LLC, a recreational vehicle (RV) park in Silverhill, Alabama, alleging that the park management discriminated against a child because of his HIV status. The suit alleges that after a couple mentioned to park staff that their 2-year-old foster child has HIV, they were told that the child would not be allowed to use the RV resort’s pool or showers because of his HIV and that the owner said he might reconsider only if the couple could produce a letter from a doctor or the health department ensuring that the child could not infect others. The suit, filed in federal court in Mobile, Alabama, seeks declaratory judgment, injunctive relief, and damages for the family. Pre-trial discovery is currently under way. (U.S. v. Wales West LLC) Other Settlements The U.S. Attorneys obtained informal settlements in the following cases – Title II An individual with a disability complained that an Alabama municipality did not have a transition plan and would not tell him the identity of its ADA coordinator. The municipality provided a copy of its transition plan and designated an ADA coordinator. The municipality also posted the ADA coordinator’s contact information on its website, along with forms for residents who have disabilities to request accommodations and file grievances. An inmate with a mobility disability alleged that his request for orthopedic shoes had been denied by a North Carolina state correctional facility. The inmate was provided with orthopedic shoes. Title III Two individuals with disabilities, one with a seizure disorder and the other with a mobility disability, complained that they were denied entry into two Florida locations of a national grocery chain because they use service animals. The grocery chain has adopted and implemented a service animal policy for all of its stores; designated specific management employees to be responsible for questioning customers accompanied by service animals, if necessary, and ensuring that they are questioned only once; developed a training video for all store directors and managers; posted a “Service Animals Welcome” decal at the main entry door of all stores; posted the service animal policy on its public website, as well as on the employee intranet for training purposes; and committed to investigating customer complaints internally and taking appropriate action to resolve such complaints. Other Enforcement News In partnership with the Burton Blatt Institute (BBI), the Southeast DBTAC’s Legal Team analyzes legal and policy developments relevant to civil rights protections and the impact of court decisions in the Southeast Region under the Americans with Disabilities Act (ADA). Also highlighted are legal terminology and policy developments relevant to information technology (I T) accessibility. Visit www.sedbtac. org/legalissues.php?idpg=14 to view Legal Updates on Professional Licensing Issues: Title II of the ADA Applied to State and Local Professional Licensing, Telework Options for Employees with Disabilities, Reassignment as ADA Reasonable Accommodation in Manufacturing Industries of Southeast U.S.: Comparing Appellate Court Outcomes, and much more! Housing Discrimination The U.S. Department of Justice’s housing discrimination complaints and settlements are available at www.usdoj.gov/crt/housing/fairhousing/. Important settlements and enforcement actions in the Southeast Region are included: Mississippi Housing Authority Sued for Disability Discrimination – On February 17, 2009, the Department filed a lawsuit in federal court in Gulfport, Mississippi, against the Mississippi Regional Housing Authority and a landlord who participates in the Section 8 housing program for denying a tenant’s request to transfer to a first-floor unit as a reasonable accommodation for her physical disability. The tenant wears a back brace from her neck to her lower spine and sometimes uses a cane. She had fallen at least three times on the stairs near her second-floor apartment. In early October 2005, a first-floor two-bedroom apartment became available, but was given to a non-disabled woman. The tenant filed a complaint with the Department of Housing and Urban Development (HUD), which referred the matter to the Department of Justice. The Department seeks monetary damages for the victim and injunctive relief. The defendants are Mississippi Regional Housing Authority VIII; SBMC, Inc. d/b/a Sun Belt Management; Oakridge Park Apartments, Ltd.; and Bobby G. Marcellus, General Partner. 800 Housing Units in Louisville, Kentucky, Will Be Made Accessible – On April 14, 2009, the federal court in Louisville, Kentucky, approved a consent decree settling the Department’s Fair Housing Act lawsuit alleging that the owners, developers, architects, and engineers involved in the design and construction of 12 multi-family housing complexes in Louisville discriminated on the basis of disability. The 12 complexes contain more than 800 units covered by the Fair Housing Act’s accessibility provisions. (www.ada.gov/newsltr0709.htm.) Apartment Complex in Alabama Sued for Disability Discrimination – On April 29, 2009, the Department filed a lawsuit in the federal court in Mobile, Alabama, against Warren Properties, Inc., Laurie Weaver, and Evelyn Graves alleging that they violated the Fair Housing Act by denying a resident’s request to transfer to a first-floor unit near the front of the complex as a reasonable accommodation for his physical disability. Due to a traumatic spinal injury, the resident uses crutches and braces to walk. During the course of his tenancy, he fell at least twice on the stairs near his second-floor apartment. In September 2007, a unit with a first-floor entrance became available, but the defendants rented it to tenants who had no mobility disability. The resident filed a complaint with the U.S. Department of Housing and Urban Development, which referred the matter to the Department of Justice. The lawsuit seeks injunctive relief and monetary damages for the victim. (www.ada.gov/newsltr0709.htm) North Carolina Town Sued for Discriminating Against People in Substance Abuse Recovery Program – On May 19, 2009, the Department filed a lawsuit against Garner, North Carolina, and the town’s Board of Adjustment alleging that they violated the Fair Housing Act when they refused to allow up to eight men recovering from drug and alcohol addictions to live together as a reasonable accommodation for their disabilities. The home is chartered by Oxford House Inc., a non-profit organization that assists people in recovery to support one another’s determination to remain sober. The town permits up to six persons to live in the home, but has refused to consider requests by Oxford House to increase the number to eight. The lawsuit, filed in the federal court in Raleigh, seeks monetary damages for the victims, a civil penalty, and a court order requiring the town to grant the requested accommodation and establish a procedure for considering future accommodation requests. This lawsuit arose as a result of a complaint filed with the U.S. Department of Housing and Urban Development by Oxford House. HUD conducted an investigation and referred the matter to the Justice Department. (www.ada.gov/newsltr0709.htm) New Project Civic Access Settlement Agreements Project Civic Access (PCA) is the Department’s wide-ranging initiative to work cooperatively with local governments to ensure that their programs and activities comply with the ADA, allowing people with disabilities to participate more fully in the civic life of their communities. Settlement Agreement between the United States of America and the City of Port St. Lucie, Florida – The U.S. Department of Justice initiated a compliance review of the City of Port St. Lucie, Florida, in 2006. On-site surveys of City programs, services, activities, and facilities were conducted in January 2007. This agreement includes ensuring that the City’s official website is accessible to people with disabilities, including people who are blind or have low vision. Incorporated in 1961, Port St. Lucie’s population has grown to more than 151,000 residents, of whom approximately 18% live with a disability. Settlement Agreement: www.ada.gov/st_lucie/st_lucie_sa.htm Fact Sheet: www.ada.gov/st_lucie/st_lucie_facsht.htm ADA Mediation Highlights The ADA Mediation Program is a Department-sponsored initiative intended to resolve ADA complaints in an efficient, voluntary manner. Mediation cases are initiated upon referral by the Department when both the complainant and the respondent agree to participate. The program uses professional mediators who are trained in the legal requirements of the ADA and has proven effective in resolving complaints at less cost and in less time than traditional investigations or litigation. Over 78% of all complaints mediated have been resolved successfully. In Georgia, a person with a disability complained that security personnel forced him to leave a shopping mall because he uses a service animal for mobility assistance and seizure detection. The mall reaffirmed its policy of allowing service animals, trained its security personnel about service animals and the ADA, added materials on service animals to its employee manual, and paid the complainant $7,000. In North Carolina, a person who is blind complained that a restaurant refused to serve him and asked him to leave because he uses a service animal. The restaurant changed its policy and agreed to serve customers who use service animals, posted a “Service Animals Are Welcome Sign,” trained its staff about service animals and the ADA, and apologized to the complainant. A person with Tourette Syndrome complained that she was told by a South Carolina hair salon that she could only receive services outside in an alley behind the salon. The owner of the salon agreed to provide services in an integrated setting for all customers, including the complainant; set up comprehensive ADA training for its employees; apologized to the complainant; and made a donation to a Tourette Syndrome organization in the name of the complainant. Department of Justice ADA Website The Justice Department’s Website (www.ada.gov) provides direct access to the publications, briefs, and settlement agreements, and other information about its enforcement, mediation, technical assistance, and certification programs, including proposed changes in ADA regulations and requirements, links to ADA press releases, and links to other Federal agencies’ websites that contain ADA information. In addition, the website provides access to – • electronic versions of the ADA Standards for Accessible Design, including illustrations and hyperlinked cross-references; • the ADA Business Connection, with links to materials of particular interest to businesses; • Reaching Out to Customers with Disabilities, a web-based, interactive online course that explains the requirements of Title III; • the ADA Video Gallery, with links to accessible streaming videos about the ADA; and • online ordering forms for the ADA Technical Assistance CD-ROM and selected videos. Changes to the ADA The ADA Amendments Act of 2008 (ADAAA), which became effective on January 1, 2009, made some significant changes in the text of the ADA. The full text of the ADA as amended is available on the ADA Website at www.ada.gov/pubs/ada.htm. Two annotated versions, showing the changes in strikeout and bold, are also available online; one is coded so that screen readers can detect the strikeout and bold annotations. A full text version of the ADA as amended and an annotated version of the sections that were amended can be ordered in print from the ADA Information Line at 800-514-0301 (voice), 800-514-0383 (TTY). Spanish language service is also available. [end of story] Access Board Update Access Board Outreach Promotes Airport Accessibility The Access Board is conducting an outreach campaign on access to airports, a common source of complaints by travelers with disabilities. The Board is exploring accessibility issues to gather information for its use in raising awareness, promoting effective design, and improving compliance. The Board has collected information from invited experts on a range of topics, including self-service ticketing kiosks, security checkpoints and screening procedures, boarding bridges and devices, signage and communication systems, and telecommunications. Recently, the Board met with the design team for a terminal replacement project at an international airport in Minnesota to provide training on access standards and to discuss accessibility issues. The Board is interested in meeting with additional design teams, airport operators, and other stakeholders for further outreach related to improving the design of airport terminals. For more information, contact Bill Botten at airports@access-board.gov, 202272-0014 (voice) or 202-272-0082 (TTY). [end of story] Federal Communications Commission (FCC) Updates Address Accessible Technologies www.fcc.gov/cgb/dro/headlines.html Recently, the Federal Communications Commission (FCC) has taken a number of actions to make technology more accessible for people with disabilities. [end of story] Department of Transportation Update Air Carrier Access Act Regulations Updated www.dotcr.ost.dot.gov/asp/airacc.asp Updated regulations for the Air Carrier Access Act went into effect May 13, 2009. The regulations now clearly codify requirements for foreign air carriers and expand access and non-discrimination requirements for those with service animals, persons that are deaf or hard of hearing, and oxygen users. Key changes include: • Coverage extended to foreign carriers; • New requirements for airport and aircraft accessibility and changes in airport services including reservations, facilities, in-flight and aircraft acquisitions; • New requirements for passengers who use respiratory assistive devices including 48-hour notification of use in advance of flight; • New guidelines on provision of effective communication for passengers who are deaf or hard-of hearing; • New requirements for passengers traveling with emotional support animals or psychiatric service animals to provide documentation and give 48-hours' notice before flight. Source: U.S. Department of Transportation An Overview of the Air Carrier Access Act (ACAA) Regulations www.southwestada.org/html/publications/ebulletins/legal/2009/may2009.html This update to the ACAA regulations incorporates new requirements, which became enforceable on May 13, 2009. [end of story] Join Us on Facebook! Come be a part of our new online community! The Southeast ADA Center is now on Facebook at www.facebook.com/pages/DBTAC-Southeast-ADA-Center/154812123602?ref=ts [end of story] EEOC Update EEOC Issues Federal Work Force Report for 2008, Urges Agencies to Improve Complaint Processing The U.S. Equal Employment Opportunity Commission (EEOC) released an annual report which shows small increases in discrimination complaint filings against federal agencies and in average complaint processing time government-wide. For the full report, go to http://eeoc.gov/federal/fsp2008/index.html. The U.S. Equal Employment Opportunity Commission (EEOC) has filed a discrimination lawsuit against national retailer Target Stores, Inc. for unlawfully denying a reasonable accommodation to an employee with multiple disability-based impairments and substantially reducing his work hours due to the medical conditions. The worker could not effectively communicate with others without the assistance of a job coach because of his cerebral palsy and intellectual disability. Read more at www.disability.gov/civil_rights/enforcement_actions. According to the U.S. Equal Employment Opportunity Commission (EEOC), Aveva Drug Delivery Systems, Inc. discriminated against an employee with a disability who receives dialysis treatments for End Stage Renal Disease (ESRD). The EEOC says the employee, a 50-year-old woman, had a catheter in her arm that was used for dialysis treatment, and that she was fired after an approved leave of absence related to her disability. Read more at www.disability.gov/civil_rights/news_%26_events. Sears Agrees to Multimillion-Dollar Settlement Over Firing of Disabled Workers The U.S. Equal Employment Opportunity Commission announced a record $6.2 million Americans with Disabilities Act settlement of a nationwide class action against Sears, Roebuck & Co. over the firing of workers with disabilities. The agency described it as the largest ADA settlement in a single EEOC lawsuit. The EEOC had sued Hoffman Estates, Ill.-based Sears in 2004 following a complaint from an injured appliance service technician. Former Sears employee John Bava told the EEOC that Sears fired him after he took a leave for knee, wrist and back injuries suffered on the job, the EEOC said in a Tuesday press release. Bava tried repeatedly to return to work despite his continuing disabilities. In pretrial discovery, the EEOC said, it found hundreds of other employees had encountered the same treatment at Sears, which routinely declined to make accommodations to bring back employees who had taken workers’ compensation leave or to offer them a brief extension of their leave to make it possible for them to return later. The settlement should be a wake-up call for employers who lack policies that incorporate the requirement of both workers’ compensation laws and the Americans with Disabilities Act, said EEOC lawyer Deborah Hamilton. “It’s the intersection of the workers’ compensation laws and the ADA that has been an area where employers have struggled with regard to compliance,” she said. “They often look at policies only through the lens of workers’ compensation laws and don’t consider the ADA obligations.” Read more at www.law.com/jsp/article.jsp?id=1202434181647. EEOC Approves Proposed ADA Regulations for Public Comment On September 23, 2009, the U.S. Equal Employment Opportunity Commission (EEOC) approved a Notice of Proposed Rulemaking (NPRM) revising its regulations to provide that an individual seeking protection under the Americans with Disabilities Act (ADA) establish that he or she has a disability consistent with the original, expansive intent of Congress when it enacted the ADA in 1990. The NPRM, approved by 2-1 vote, carries a 60-day period for public comment. The NPRM makes several significant changes to the definition of the term “disability” necessitated by enactment of the ADA Amendments Act of 2008. The NPRM, along with a question-and-answer guide about the proposal and instructions for submitting public comments, are posted on the EEOC website at www.eeoc.gov/ada/amendments_notice.html. [end of story] Southeast ADA Center Staff and Affiliates Attend 2009 National ADA Symposium [Image removed of National ADA Symposium logo] The most comprehensive conference available on the Americans with Disabilities Act and related disability laws! The National ADA Symposium was held June 8-10 in Kansas City, Missouri. This annual event addresses current issues affecting Americans with Disabilities Act (ADA) implementation and provides a solid foundation of training on key concepts of the ADA. The sessions are presented by nationally recognized experts on the ADA including representatives from the U.S. Department of Justice, the Equal Employment Opportunity Commission (EEOC), and the U.S. Access Board. (Source: www.adasymposium.org/). The Symposium is a time to interact with people from all around the United States. They are committed ADA advocates and policy makers who, for most of the year, we know only by their voices on the telephone, or their e-mail messages. Technology has taken us away from the “in person” connection – the National ADA Symposium puts it all back in a “real person” perspective. A total of 34 people from the Southeast Region attended this year’s ADA Symposium. We had the opportunity to have up close and personal conversations with the leaders in Washington D.C. from the Department of Justice, the EEOC and the Access Board. We spent time gathering the ADA-related information and resources we need to effectively provide technical assistance, research and training to our Region. As all of us gathered and compared our schedules, we agreed to spread out among all the sessions in order to gain as much information in every aspect of the ADA as we could. Each day we were able to ask questions, exchange ideas, and share stories with many people, but we still had time for a nice “how are you doing?” conversation during the continental breakfast or coffee breaks. We met new friends, enjoyed meals and spent time chatting in the lobby! Not to mention that public transportation was available and some of us ducked out in the evenings to see the sites in Kansas City. One evening there was a large group of us from the conference riding on a local tour bus. The bus driver was curious about where we came from. When we said “The ADA Symposium” – he said “Oh, the Americans with Disabilities Act”? We were thrilled that he knew what we meant! He was so excited that he pulled the bus over to show us how his wheelchair lift operated and how he secured wheelchairs when someone using one boarded his bus. He commented on the different sizes of wheelchairs and some of the issues surrounding the new mobility devices, particularly scooters. He did a great job. Kudos to the transportation folks in Kansas City for training the tour bus drivers well! The DBTAC: Southeast ADA Center Affiliates and Staff Share Their Reasons for Attending the ADA Symposium and What They Learned: Christy Dunaway, Mississippi Network Administrator, DBTAC: Southeast ADA Center, says: I have never attended the National ADA Symposium before. I went to learn as much as I could before considering the development of a new project focused on technical assistance and consultation with private businesses and government entities. The information received from all break-out sessions I attended will be extremely helpful. For example, job description information will be applied immediately and will help me to develop better job descriptions in the future. The information I learned about tax credits and incentives will be most helpful when speaking with small businesses. My goal is to apply thisknowledge immediately. We will survey the businesses we work with to see if they have implemented the information we provide. Attending the conference allowed me to meet and talk with ADA experts from throughout the country and, therefore, broadened my list of contacts and potential sources of advice and information for the future. Cheri Hofmann, DBTAC: Southeast ADA Center Distance Learning Coordinator and Information Specialist, states: It’s always good to be able to talk face-to-face with the leaders from DC, such as DOJ, the Access Board and others. I have attended all but one of the ADA Symposiums and it was nice this year to be recognized by many of these leaders -- they actually greeted me by name! One of the benefits I received was the information on the ADA Amendments Act. It was repeated in several of the break out sessions that I attended, which will assist me to further understand it. It was great to come to the realization that the “real” intent of the ADA is back! Also, it is always good to hear about the court cases that had a major impact on the ADA and how they are perceived. My increased knowledge will help me provide better technical assistance, develop ADA webcourse questions, and enhance my ability to provide effective ADA training in my community. I always meet people that give me new, useful resources. For instance, this year I met a participant from the Internal Revenue Service (IRS) in Washington, D.C.; she is their ADA Coordinator. We had dinner together and shared a lot of useful information. Jack Humburg, Florida Network Administrator, DBTAC: Southeast ADA Center, responds: The ADA Symposium provides an opportunity to learn new information about the ADA and its enforcement, network with other advocates and individuals who are working on ADA implementation on a daily basis, ask detailed questions and follow-up on those questions, and coordinate with other DBTAC affiliates on projects that are replicable in Florida. These opportunities are not readily available in other formats or venues. I learned a great deal about the Access Board guidelines for recreational facilities, including swimming pools and golf courses. This information has already been put to use in helping the City of St. Petersburg comply with the guidelines at a municipally-owned pool. I anticipate that some additional improvements will be made at this pool and others in the City’s inventory over the next year. I will be following up with the City to ensure that the guidelines are being followed. I also discussed several issues with an individual from the Department of Justice, including captioning of sports events and enforcement of gas station requirements, which will help me provide assistance for increased access at these venues. [Note: Photograph removed of National ADA Symposium attendees Tamar Freudmann (left), President, Business Access Solutions, and an unidentified man.] Camille Fallaw, South Carolina DBTAC: Southeast ADA Center Network Administrator, states: My reason for attending the ADA Symposium was to gain additional knowledge and be able to better assist people with disabilities in gaining employment. Many employers now accept only Internet- based applications and resumes. It was good to get clarification that if the person has a learning disability and has difficulty spelling and completing the resume they can ask for a reasonable accommodation and have a face-to-face interview, since this was an employer created barrier. We will insure that all Employment Workforce Centers in South Carolina are aware of this obligation and make sure employers are aware of it. Christine Woodell, Information Specialist/Training Team Member, DBTAC: Southeast ADA Center, responds: I always learn so much, and have a chance to network with people who do what I do. The Symposium offers a higher level of training on the ADA that is impossible to find anywhere else. For people with more experience, it is hard to find training that allows me to enhance my abilities to train others and provide technical assistance more effectively. It is easy sometimes to become discouraged, but learning more and talking with others who deal with the same issues is most helpful. I attended the Professional Design Track at the Symposium. I realized that I need to know more about the building codes and other factors to effectively do site surveys, ADA training and technical assistance. I not only learned many things, but learned more about what I don’t know and need to pursue. It was particularly fascinating to be in a group that was primarily architects, code inspectors and others that I am usually not in the midst of... and to hear their questions and understand their perspective. I learned things about fair housing requirements that I had never heard before, and I have had quite extensive training in that arena also. I am going to meet with local building code officials in the near future to try to determine the applicable codes and to assess their commitment to ADA and Fair Housing Compliance. Within the next two months, I will be training the Parks and Recreation Department in Starkville, Mississippi, on their requirements under the ADA. I will follow up with the director of their commission for disability to see if changes and improvements are made to their services and facilities. Karen Hamilton, North Carolina Network Administrator, DBTAC: Southeast ADA Center says: The ADA Symposium lets me network with professionals from other states to learn new strategies for promoting ADA awareness in North Carolina. This year I focused on Emergency Preparedness, Public Transportation, Accessible Public Rights of Way and techniques for encouraging emergency managers to involve people with disabilities in community emergency preparedness planning. Emergency managers in some communities in North Carolina have been reluctant to involve people with disabilities in community emergency planning, and our goal is to bring positive and effective methods to encourage a change. Starting in October 2009, we will work with the North Carolina Governors Office to conduct a Citizens Emergency Response Team (CERT) Train the Trainer Workshop. We will involve a minimum of six ADA Network local affiliate representatives. By November, 2009, at least two (2) of these North Carolina ADA Network local affiliate CERT Trainers will contact their local emergency managers to offer CERT training in their community. In addition, the CERT trainers (with recommendation from the North Carolina CERT program) will request that emergency managers involve them in local community emergency preparedness planning committees. Save the Date! The 2010 National ADA Symposium will be held on June 20-23, 2010, in Denver, Colorado. For more information, visit adasymposium.org. [end of story] 2010 by 2010 Campaign The National ADA Symposium is sponsoring a unique project that recognizes the progress made toward the mission of the ADA--inclusion of people with disabilities into all aspects of American life, while addressing that there is still much work to be done Our goal is to have 2,010 public entities submit a "Proclamation of Recommitment to the Mission of the ADA" by the 20th anniversary of the ADA on July 26, 2010. Our dedicated website will showcase and celebrate the public entities joining us in the reaffirmation of the ADA. Join us in making the 2010 by 2010 Campaign a reality! www.adasymposium.org/2010.html. [end of story] New Publications & Online Resources This issue of the ADA Pipeline includes additional resources to help you celebrate National Disability Employment Awareness Month (NDEAM). Resources from the DBTAC: National Network of ADA Centers NEW! Southeast DBTAC Website Redesigned, Including Addition of “ADA Solutions” By Audience and Q&A on the ADA www.sedbtac.org The Southeast DBTAC has redesigned its website to help you more readily find information, materials, training, and resources on the ADA and disability access. A key addition is “ADA Solutions” for specific audiences - select from Individual/Advocate, Architecture/Design, Business, Employers, Government, Vocational Rehabilitation, and Espanol (Spanish). Also available from the homepage: Popular Bookmarks and Q&A: Expand Your ADA Knowledge. Please contact us with any suggestions or comments about our website via e-mail at sedbtacproject@law.syr.edu. Resource Lists on ADA and Disability Available from DBTAC: Southeast ADA Center Website www.sedbtac.org/publications.php?idpg=35#resourcelist Several ADA and disability-related resource lists are available in Word and Text formats from the Southeast DBTAC website, including Emergency Preparedness, Employment and ADA-related Definitions, Federal Employment and Disability, Legal Research Websites, Voting and Disability, and more. Accessibletech.org - A New Resource from the DBTAC: National Network of ADA Centers www.accessibletech.org The purpose of this new website is to build a partnership between the disability and business communities and to promote full and unrestricted participation in society for persons with disabilities through the promotion of technology that is accessible to everyone. Disability Law Handbook www.dlrp.org/html/publications/dlh/index.html The DBTAC: Southwest ADA Center (Region 6) recently produced this 50-page guide to the basics of the ADA and other disability-related laws. Note: The Disability Law Handbook is available only in electronic format (HTML and PDF files). Print copies are not available. Employment Resources U.S. Labor Department Announces ‘Expectation Plus Opportunity Equals Full Participation’ as the 2009 National Disability Employment Awareness Month Theme Press Release www.dol.gov/odep/media/press/theme.htm Order or download the 2009 Poster in English and Spanish www.dol.gov/odep/pubs/ndeam2009poster.htm Considering the Needs of Employees with Disabilities During a Pandemic Flu Outbreak The Office of Disability Employment Policy (ODEP)’s Job Accommodation Network (JAN) produced a fact sheet about the pandemic flu outbreak. English: www.jan.wvu.edu/media/employmentpandemicflufact.doc (Word format) Spanish: Tomando en Consideración Las Necesidades de Empleados con Discapacidades Durante un Brote Pandémico de la Gripe www.jan.wvu.edu/espanol/fichapandemiadeinfluenza.doc (Word format) Employment Discrimination and the 2009 H1N1 Flu Virus (Swine Flu) www.eeoc.gov/facts/h1n1.html This short technical assistance document answers basic questions about workplace preparation strategies for the 2009 H1N1 flu virus (swine flu) that are compliant with the Americans with Disabilities Act (ADA). Employer Best Practices for Workers with Caregiving Responsibilities (EEOC) www.eeoc/policy/docs/caregiverbest-practices.html This new document supplements “Unlawful Disparate Treatment of Workers with Caregiving Responsibilities. Unlawful Disparate Treatment of Workers with Caregiving Responsibilities (EEOC) www.eeoc.gov/policy/docs/caregiving.html This guidance document issued in 2007 examines how federal anti-discrimination laws apply to workers with caregiving responsibilities. Questions and Answers: The ADA and the Rights of Persons with HIV/AIDS to Obtain Occupational Training and State Licensing (DOJ) www.ada.gov/qahivaids_license.htm (HTML) www.ada.gov/qahivaids_license.pdf (PDF file, 203 KB, 2 pages) Job Accommodations for People with Autism Spectrum Disorders (JAN) www.jan.wvu.edu/media/employmentASDfact.doc The new fact sheet from the Job Accommodation Network (JAN) discusses making job accommodations for employees with autism spectrum disorders. Dos and Don’ts of Disclosure www.jan.wvu.edu/media/disclosurefact.doc Part of the (JAN) Fact Sheet Series, this publication provides tips for disclosing a disability in an employment-related situation. Recent Publications from the U.S. Department of Labor (DOL) – Office of Disability Employment Policy (ODEP) • Making Workplace Accommodations: Reasonable Costs, Big Benefits www.dol.gov/odep/documents/reasonableaccomodatations.pdf (PDF file, 214 KB, 2 pages) www.dol.gov/odep/documents/reasonableaccomodatations.doc (Word file) • Employee Assistance Programs for a New Generation of Employees, Defining the Next Generation www.dol.gov/odep/documents/employeeassistance.pdf (PDF file, 379 KB, 4 pages) www.dol.gov/odep/documents/employeeassistance.doc (Word file) • Diversifying Your Workforce: A Four-Step Reference Guide to Recruiting, Hiring & Retaining Employees with Disabilities www.dol.gov/odep/documents/Flip%20Guide_Final_3%2030_508%20compliant2.pdf (PDF file, 901 KB, 11 pages) www.dol.gov/odep/documents/ODEP_Flip%20Book%202009_FK.doc (Word file) Promising Practices by State Agencies: Employment of Persons with Intellectual Disabilities http://communityinclusion.org/doc.php?doc_id=83&type=project&id=54 The Institute for Community Inclusion is collecting and cataloguing state-level policies and practices that promise to improve and expand employment opportunities for people with intellectual disabilities. Career-Focused Services for Students with Disabilities at Community Colleges This 80-page report by the National Collaborative on Workforce & Disability for Youth and the Workforce Strategy Center examines the efforts of community colleges to function as intermediaries in meeting the local workforce development needs of employers and promoting career opportunities and job attainment for students, including those with disabilities. • www.ncwd-youth.info/assets/background/disabilities-and-community-colleges.pdf (PDF format, 412 KB) • www.ncwd-youth.info/career-focused-services-forstudents (Word format) Employment-Related Training Tools The Campaign for Disability Employment www.whatcanyoudocampaign.org A collaborative effort to promote positive employment outcomes for people with disabilities by encouraging employers and others to recognize the value and talent they bring to the workplace. Also look at their Site Map: www.whatcanyoudocampaign.org/blog/index.php/sitemap Workforce3 One Webinar Archive: Serving Disabled Veterans in the One-Stop Career Center System Win-Win Partnerships Between the Disability Program Navigators (DPNs), Disabled Outreach Program (DVOPs), and Local Veterans Employment Representatives (LVERs) www.workforce3one.org/view/5000903051690820003/info The Silent Untapped Pool: How to Recruit, Hire and Build Inclusive Workplaces for Transitioning Combat Exposed Veterans and People with Disabilities - Preparing Employers to Reintegrate Combat Exposed Veterans with Disabilities (PERCEVD) Disability Training www.shrm.org/multimedia/webcasts/Documents/09crenshaw.pdf (PDF file) Society for Human Resources Management (SHRM) Webcast on Employees with Disabilities www.shrm.org/multimedia/webcasts/Documents/09crenshaw.pdf View the PDF file of a webcast presentation (March 17, 2009) that explores these topics: creating a disability friendly workplace environment in challenging economic times; challenges facing transitioning veterans; understanding post-traumatic stress disorder (PTSD), traumatic brain injury (TBI) and workplace environmental factors that may exacerbate conditions; the business case for pro-active employer interventions; the virtues of recruiting and hiring transitioning veterans and people with disabilities; standard ADA compliance; proper etiquette. Technical Assistance and Facility Access Maintaining Accessibility in Museums (DOJ) www.ada.gov/business/museum_access.htm A new document from the Department of Justice. Accessible Information Exchange: Meeting on a Level Playing Field (DOJ) www.ada.gov/business/accessiblemtg.htm This document includes information on how to evaluate the accessibility of a meeting site for people with disabilities, including resources and tips on room set-up, presentation of meeting content, parking, and providing auxiliary aids and services. Expanding Your Market: Maintaining Accessible Features in Retail Establishments (DOJ) www.ada.gov/business/retail_access.htm (HTML) www.ada.gov/business/retail_access.pdf (PDF file, 1.78 MB) Links to State ADA Coordinators and State Building Codes for U.S. Southeast Region www.sedbtac.org/leadership.php?idpg=15 The Southeast DBTAC has enhanced the State Resource Network section on its website by adding contact information for each State ADA Coordinator and links to State Building Codes. Voters with Disabilities: More Polling Places Had No Potential Impediments Than in 2000, But Challenges Remain The U.S. Government Accountability Office (GAO) released an interim report (GAO-09-685) on voting accessibility comparing the 2008 presidential election to the 2000 election. The GAO will release a more detailed final report on the Election Day polling place accessibility findings in September of 2009. • Summary of Voting Accessibility Report (Web) www.gao.gov/products/GAO-09-685 • Accessible Text Version (HTML) www.gao.gov/htext/d09685.html • Highlights of Voting Accessibility Report (PDF file) www.gao.gov/highlights/d09685high.pdf • Full Report of Voting Accessibility (PDF file, 47 pages; 634 KB) www.gao.gov/new.items/d09685.pdf Emergency Preparedness for Persons with Disabilities and Special Needs www.ansi.org/news_publications/news_story.aspx?menuid=7&articleid=2200 The American National Standards Institute (ANSI) Homeland Security Standards Panel (HSSP) published a report with strategies to address the barriers associated with emergency preparedness for those with physical and sensory disabilities. The report is fully accessible in audio and American Sign Language (ASL) translations, which are available on ANSI’s YouTube website at www.youtube.com/watch?v=rz8cano7as4&feature=PlayList&p=A30021EF4AC410D6&index=0&playnext=1. Common Problems Arising in the Installation of Accessible Pedestrian Signals http://access-board.gov/research/pedestrian-signals/bulletin.htm (HTML) http://access-board.gov/research/pedestrian-signals/bulletin.pdf (PDF, 1.0 MB, 29 pages) A new resource from the U.S. Access Board. E-mail and Online Newsletters ADA Pipeline (Biannually) www.sedbtac.org/pipeline.php#h172 All back issues (since 2007) of the “ADA Pipeline,” the Southeast ADA Center newsletter, are posted on our web site in various file formats (PDF, Word, Large Print Word, and Text). Due to increased costs, the newsletter is no longer available in regular print, except upon request. Business Sense Newsletter (Monthly) www.dol.gov/odep/bsense/bsense.htm Produced by the U.S. Department of Labor, Office of Disability Employment Policy (ODEP) Job Accommodation Network E-News (Quarterly) www.jan.wvu.edu/ENews/index.htm National Council on Disability Bulletin (Monthly) www.ncd.gov/newsroom/bulletins/index.htm Access Currents from U.S. Access Board (Bimonthly) www.access-board.gov/news/Access%20Currents/General.cfm Disability Rights Online News (Bimonthly) www.ada.gov/disabilitynews.htm Published by the U.S. Department of Justice Media Resources (Videos, Podcasts) Society for Human Resource Management (SHRM) Posts Short Videos for Human Resources Managers www.shrm.org The videos are intended to promote a better understanding of people with disabilities in the workplace. While many of the videos are available only to SHRM members, several are available for public viewing, including: Disability Etiquette – John Kemp, U.S. Business Leadership Network www2.shrm.org/video/07videos/101107kemp.asp Affinity Groups – John Kemp, U.S. Business Leadership Network www2.shrm.org/video/07videos/101007kemp.asp Hiring Disabled Workers – Susan Franer, Cincinnati Children’s Hospital Medical Center www2.shrm.org/video/07framer/disabled.asp Tailored Accommodations – Judy Young, VP Abilities, Inc. www2.shrm.org/video/08videos/030708young.asp Imagine The Possibilities - Innovative Hiring Through Assistive Technology www.advocacycenter.org/employment/video.html This captioned video from the Advocacy Center for Person with Disabilities, in partnership with the Hyatt Corporation, is available online or as a DVD. The video was developed to teach Human Resource Professionals and Hiring Managers at Hyatt that workers with disabilities can excel in the workplace with innovative technology. This video showcases successful employees with disabilities working in the hospitality industry while utilizing assistive technology. ASL Video Podcast Series: Disability Law Lowdown http: //dll-asl.ada-podcast.org/ Bi-weekly videos on disability law delivered with American Sign Language (ASL), captioning, voice-over, and transcripts. All podcasts are archived. Subscribe via web or iTunes. Job Accommodation Network (JAN) Produces New YouTube Video www.youtube.com/watch?v=SBbfVNcNlAg The Job Accommodation Network (JAN) has created a new five minute, fully accessible YouTube video that provides the opportunity to “Step inside the JAN office, meet staff, and learn more about job accommodations.” Disability Awareness Segment on NBC’s “The More You Know” www.themoreyouknow.com/disability-awareness/ A disability awareness video segment with the spokesperson, Meredith Vieira for the public service campaign - NBC’s “The More You Know” launched in May 2009. This segment was developed by the Office of Disability Employment Policy (ODEP) staff and the producers of NBC’s “The More You Know.” Disability History Resource This new on-line video documents the speech given by President George H. W. Bush when he signed the Americans with Disabilities Act (ADA) into law on July 26, 1990. The 22-minute film, provided to the Department of Justice by the George Bush Presidential Library, is being re-released on the Internet to increase awareness of the ADA. Watch the Original ADA Signing Ceremony by going to www.ada.gov/videogallery.htm#adasigningcaptioned and scrolling down the page. Research and Statistics on Employment Issues Disability Employment Statistics www.bls.gov/cps/cpsdisability.htm A monthly report on the employment status of people with disabilities from the U.S. Department of Labor, Bureau of Labor Statistics. The Survey of Employer Perspectives on the Employment of People with Disabilities www.dol.gov/odep/categories/research/index.htm (Home page) The U.S. Department of Labor’s Office of Disability Employment Policy (ODEP) recently released the results of this survey. In the first survey of its magnitude, 3,797 businesses representing 2.4 million companies, across 12 industry sectors and various company sizes, reported on their beliefs about and strategies for recruiting, hiring, retaining and advancing employees with disabilities. www.dol.gov/odep/documents/EmployerPerspectives.doc (Word format) www.dol.gov/odep/documents/EmployerPerspectives.pdf (PDF format, 335 KB, 6 pages) Federal Employment of People with Disabilities Produced by the National Council on Disability (NCD), this paper examines the status of employment of people with disabilities in the Federal Government and makes recommendations for improving federal hiring and advancement of employees with disabilities. •www.ncd.gov/newsroom/publications/2009/pdf/Federal_Employment_of_People_with_Disabilities.pdf (PDF format, 710 KB, 67 pages) •www.ncd.gov/newsroom/publications/2009/Federal_Employment_of_People_with_Disabilities.doc (Word format) Roadmaps I and II Released by the Office of Disability Employment Policy (ODEP) in January 2008, Roadmaps I is a report developed by participants in the 2007 Business Dialogue on Accessible Technology and Disability Employment on how best to enhance the hiring, retention, and advancement of persons with disabilities and others through accessible technology. Roadmaps II is a 2009 report that looks at assistive technology (AT) and employment from the perspective of AT service providers and disability stakeholders who work directly to assist individuals with disabilities. • Roadmaps I for Enhancing Employment of Persons with Disabilities through Accessible Technology www.dol.gov/odep/documents/RoadmapsI.pdf (PDF format, 242 KB, 28 pages) www.dol.gov/odep/documents/Roadmaps%20I-WORD.doc (Word format) • Roadmaps II for Enhancing Employment of Persons with Disabilities through Accessible Technology www.dol.gov/odep/documents/RoadmapsII.pdf (PDF format, 167 KB, 36 pages) www.dol.gov/odep/documents/Roadmaps%20II.doc (Word format) Creating a Roadmap Out of Poverty for Americans with Disabilities The U.S. Department of Labor has released a new report that focuses on three cities: Detroit, Jacksonville and Milwaukee, and the tie-in between the workforce development system and advancing the economic independence of individuals with disabilities. www.dol.gov/odep/documents/197953_DeptLabor.pdf (PDF version) www.dol.gov/odep/documents/ODEP_White%20Paper2009.doc (Word version) Other Reports and Statistics National Disability Policy: A Progress Report The National Council on Disability (NCD) released its annual report to the President and Congress calling for a new integrated approach to disability policy within the Federal Government. www.ncd.gov/newsroom/publications/2009/Progress_Report.doc. (Word format) www.ncd.gov/newsroom/publications/2009/pdf/ProgressReport.pdf (PDF format, 626 KB) www.ncd.gov/newsroom/publications/2009/Progress_Report_HTML/NCD_Progress_Report.html (HTML format) U.S. Census Bureau Facts for Features: Americans with Disabilities Act: July 26 www.census.gov/Press-Release/www/releases/archives/facts_for_features_special_editions/013739.html The Census Bureau collects facts and statistics concerning significant groups and events in American history, such as the anniversary of the ADA. The U. S. Census - Disability Website www.census.gov/hhes/www/disability/disability.html State Disability Data Info www.statedata.info This website generates customized charts of state, national, and individual disability data. Accessible text versions are automatically created by the charting software. Disability Statistics Update www.ilr.cornell.edu/edi/disabilitystatistics/ Effective Emergency Management: Making Improvements for Communities and People with Disabilities A 2009 report produced by National Council on Disability (NCD). www.ncd.gov/newsroom/publications/2009/NCD_EmergencyManagement_HTML/EffectiveEmergencyManagement.html (HTML format) www.ncd.gov/newsroom/publications/2009/pdf/NCD_EmergencyManagement.pdf (PDF 1.73 MB, 514 pages) www.ncd.gov/newsroom/publications/2009/NCD_EmergencyManagement.doc (Word format) [end of story] Mark Your Calendar Check out our online Events Calendar at sedbtac.org/eventscalendar.php Abilities Expo: Atlanta 2009 Dates: November 6-8, 2009 Location: Cobb Galleria Convention Center, Two Galleria Parkway, Atlanta, GA 30339 Sponsored by: DBTAC - Southeast ADA Center is an Organizational Sponsor Description: The leading event for Americans with disabilities, their caregivers and healthcare professionals to receive education and view the latest technologies, products and services. This 3-day expos now has even more to offer including: Hot New Technology; Cutting Edge Education Seminars for Consumers and Professionals serving people with disabilities (CEU credit available); ADA Career Fair; and Networking Reception for Professionals. Admission is FREE! Registration: For your convenience and to save you considerable time and allow us to fast-track your admittance into the expo, individuals should complete the online Registration Form. Contact for More Information: Phone: 310-450-8831 Ext. 130 (voice) E-mail: info@abilitiesexpo.com Fax: 310-450-9305 Web: www.abilitiesexpo.com/atlanta/index.html 2009 North Carolina Assistive Technology Expo Dates: December 3-4, 2009 Location: North Raleigh Hilton, 3415 Wake Forest Road, Raleigh, NC 27609 Sponsored by: Partnerships in Assistive Technology Description: The Assistive Technology Expo is an exciting two-day event designed to increase awareness and provide current information on assistive technology. Deadline to Register: November 2, 2009 Cost varies. Check web site and conference materials. Limited scholarships available. Contact for More Information: Sonya Van Horn Phone: 919-872-2298 (voice) E-mail: assist@pat.org Fax: 919-872-2294 Web: www.pat.org/at_expo/ ATIA 2009: Showcasing Excellence in Assistive Technology Dates: January 28-31, 2010 Location: Orlando, Florida Web: www.atia.org 2009 Perspectives on Employment of Persons with Disabilities - 28th Annual Conference Dates: December 9-11, 2009 Location: Hyatt Regency - Bethesda, Maryland Cost: $475 Description: This conference offers the latest information on personnel policies and practices, developments in technology, legal updates, and resources that will help your federal agency achieve its goals. Through workshops, keynote speakers and a general session hear from key officials and experts knowledgeable in disability employment issues in the federal sector. Web: www.graduateschool.edu/Conferences/Perspectives/index.php Do You Know About . . . ADA Audio Conference Series 2009-2010 www.ada-audio.org The Audio Conference Series, a program of the National Network of ADA Centers (Disability and Business Technical Assistance Centers), provides in-depth information on the Americans with Disabilities Act (ADA), Accessible Information Technology (IT) and other disability-related topics. The program is available in three formats: Teleconference, Streaming Audio via the Internet and Real-Time Captioning on the Internet. All sessions are archived. Audio Conference Series: 2009-2010 Schedule (details in progress) www.ada-audio.org/Schedule/ [end of story] Abilities Expo to Enhance the Lives of People with Disabilities in Atlanta on November 6-8, 2009 [Image of Abilities Expo logo was removed.] Thousands of people with disabilities, their families, caregivers and healthcare professionals are expected to attend Abilities Expo Atlanta (www.abilitiesexpo.com/atlanta/index.html) to experience cutting-edge products and services for the community. Admission is free to the event, which will be held at the Cobb Galleria Convention Center in Atlanta on November 6-8, 2009. Abilities Expo has put together an exciting line-up of exhibits, workshops and special events to appeal to the full spectrum of people with disabilities, from children to seniors and everyone in between. “While Abilities Expo has been serving the community for three decades, this is our first time in Atlanta and we couldn’t be more excited,” said David Korse, President and CEO of the expo producer, 5Net4 Productions. “We have already received tremendous interest from people with disabilities in Atlanta and such key organizations as the DBTAC: Southeast ADA Center. Whether you are a person with a physical, sensory or intellectual disability, a senior, a wounded veteran, a family member, a caregiver or a healthcare professional, Abilities Expo is the place to be.” Headlining the event is the brand-new Assistive Technology Pavilion, 1200 square feet of experimental technologies, techniques and tips for improving accessibility in physical, technological and social environments. The future of disability product concepts will come to life for Abilities Expo attendees thanks to Georgia Tech’s Center for Assistive Technology and Environmental Access (CATEA) and Interactive Media Technology Center (IMTC), the Shepherd Center and NeuroTech Network. In addition to hundreds of the latest, commercially-available products and services for people with disabilities featured on the exhibits floor, there will be a compelling (and complimentary) workshop series for all attendees, including valuable CEU-earning sessions for healthcare professionals. High-profile personalities from within the community will address the issues that matter most. Other dynamic expo features include: • Never-before-seen low-tech AT/daily living aids at the Retail Pavilion • The Artist Market where Georgia’s most-celebrated artists with disabilities will display, demonstrate and sell their artwork • A fashion show featuring contemporary and accessible clothing and accessories • Adaptive sports demonstrations and clinics • Fun-for-the-whole-family activities. For more information or to register for priority admission, log on to www.abilitiesexpo.com. Are You Attending Abilities Expo 2009 in Atlanta, Georgia? Meet the Southeast ADA Center Staff! Join Our Informative Breakout Sessions Separating Fact from Fiction: The ADA Myth Busters Friday, November 6 1:30 PM – 2:30 PM Saturday, November 7 1:30 PM – 2:30 PM You’ve got a burning question about the Americans with Disabilities Act (ADA) and don’t know where to turn. Many times, it is difficult to separate fact from fiction. Join the Southeast DBTAC’s panel of ADA experts. We are ready to answer your questions and point you in the right direction. Come join us for an informative and interactive session shaped by your questions. [End of story] [end of newsletter]