ADA news news reviews to peruse.

              ADA News No. 155 January 28, 2007
A
DA News
Disabilities Law, News & Perspective
Patrick H. Bair - Editor
Number 155 January 2007
Items regarding disabilities, disabilities law and the Americans with Disabilities Act which may be of interest to you. Please share this information with colleagues, supervisors and subordinates. This is a free publication available in electronic and printed format to anyone who is interested. Subscription requests, comments, contributions or questions, including requests for accommodations needed to receive or apprehend this publication, should be addressed to Patrick H. Bair, Editor. The views and opinions expressed herein are solely those of the editor, except where noted, and do not represent the views of the Office of Chief Counsel or the Department of Environmental Protection. Current and recent issues can be found online at the DEP OCC Homepage. All past issues of this publication are archived on the DEP internal website.
UNDUE BURDEN CASE MUST INCLUDE SPECIFICS - The U. S. Department of State failed to show that it’s decision not to hire a man who is HIV- positive was justified by concerns over an “ undue burden” or “ direct threat” his hiring might have imposed, according to a decision of the U. S. District Court for the D. C. Circuit. The individual passed the written and oral foreign service officer exam, but when he revealed at his medical exam that he tested HIV positive, the service rejected his appointment, based on Department policy. The individual sued under the Rehabilitation Act charging that he was denied employment based on a non- job- related disability. The Department argued that because all foreign service officers ( FSOs) had to be available for assignment worldwide, and because adequate medical care might not always be available in some locations, his assignment would be a direct threat to his health and an undue burden on the service. ( At trial the Department took the position that the individual’s “ asthma” also prevented his hiring. Evidence, however, indicated that the individual did not have asthma, and that a mild pulmonary condition could be easily controlled.) The Department’s case was undermined by evidence indicating that FSOs who become HIV positive after hiring are merely assigned a lower medical classification that restricts their assignments to more developed locations, and that others with asthma had been given this classification, as well. Further, evidence indicated that the Department does not, in fact, require all FSOs to be available for assignment worldwide. ( Testimony indicated that approximately 15% of junior officers are restricted in their assignments for medical reasons.) Finally, the court found that it would not be an undue burden on the Department to grant the individual the reasonable accommodation in assignment in order to overcome its concern for his health and safety. Taylor v. Rice, CA DC, No. 05- 5257, 6/ 27/ 06.
STRIKING PERSON WITH DISABILITY FROM JURY NOT PREJUDICIAL - An employer was unable to accommodate proposed work restrictions for an employee with obsessive compulsive disorder ( OCD) and did not allow the employee to return to work for five months until the employee improved. The employee claimed the delay in allowing him to return to work constituted unlawful discrimination and retaliation. On appeal, the U. S. Court of Appeals for the Third Circuit ( PA, NJ, DE, VI) found that the trial court did not abuse its discretion when it struck a juror a hearing- impaired potential juror. In the opinion of the Court, federal law authorized the trial court to exclude the juror who was judged unable to render satisfactory jury service. The trial court evaluated the extent of the juror’s impairment and made reasonable efforts to accommodate her. Another juror who taught the legal assistant of the employee’s counsel was properly struck because the juror expressed some uncertainty as to his ability to consider the case without bias. The employer’s good faith was a defense to the employee’s failure- to- accommodate claim, and even if the instruction as to good faith were erroneous, the error would have ADA News No. 155 January 28, 2007
been harmless, since the jury, having found that the employee failed to show a failure to accommodate, had no occasion to consider the good faith defense. Fendrick v. PPL Services Corporation, CA3, No. 05- 1887, 7/ 25/ 06.
DISABILITIES WEBSITE OF THE MONTH - The U. S. Department of Labor’s Working Partners for an Alcohol- and Drug- Free Workplace website “ strives to build a drug- free workforce by equipping businesses and communities with tools and information to effectively address drug and alcohol problems.” The homepage shows tabs for information relating to “ Drug- Free Workplace,” “ Safety and Health,” “ Substance Abuse Basics,” “ Laws and Regulations” ( State and federal), “ Statistics” and “ Special Issues” such as “ Impaired Driving,” “ Parents in the Workplace” and “ Workforce Development.” The site also offers the “ Drug- Free Workplace Advisor,” an interactive tool designed to help employers build tailored drug- free workplace policies and programs and provides information about coverage and requirements of the Drug- Free Workplace Act of 1988.
AREA CALENDAR -
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MS Teleconferences; beginning January 18, 2007; the National Multiple Sclerosis Society sponsors a series of free teleconferences relating to disability; the first teleconference - Staying Behind the Wheel - is scheduled for January 18th; future conferences include Hiring Help at Home ( 1/ 25), Employment and MS ( 2/ 1), Making the Most of Your Income: Financial Planning ( 2/ 8), The Hidden Symptoms of MS ( 2/ 15), Making the Most of Your 15 Minutes with Your Neurologist ( 2/ 22), Food for Thought- Nutrition & MS ( 3/ 1) and Research Update ( 3/ 8); registration and information HERE
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Special Education: Wrightslaw From Emotions to Advocacy; February 10, 2007; Virginia Tech NoVa Center, Falls Church, VA; training is for parents of elementary and secondary school students with disabilities; for more information, visit Wrightslaw
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IDEA 2004 & NCLB: What You Don't Know CAN Hurt You!; February 13, 2007; Delaware Technical & Community College/ Stanton Campus, Newark, DE; one day, 6 hour conference will focus on changes in IDEA 2004, the interrelationships between IDEA 2004 and No Child Left Behind, and how to use these laws to get better special education services for children with disabilities; for more information, visit Wrightslaw
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National Conference on Native American Rehabilitation; February 18- 21, 2007; Washington, DC; conference theme is Making Life Better, One Individual at a Time; American Indian Vocational Rehabilitation ( VR) and state VR professionals, American Indians with disabilities and family members, tribal government leaders, and educators and researchers involved in rehabilitation should attend; for more information, call 229- 762- 3169
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2007 PATHS Conference: Creating Opportunities through AT; February 19 - 20, 2007; Charleston Civic Center, Charleston, WV; conference features exhibits and workshops on assistive technology for all ages; more information at the CONFERENCE WEBSITE or call 1- 800- 841- 8436
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Connections 2007; February 21- 23, 2007; Charleston Civic Center, Charleston, WV; West Virginia’s 10th annual early childhood conference; for more information, visit West Virginia Early Childhood Training Connections and Resources or call 1- 888- 983- 2827
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Accessing Alliances: Disability Studies Across the Curriculum; February 22- 23, 2007; George Washington University, Washington, DC; two- day symposium will generate ongoing conversations about ADA News No. 155 January 28, 2007
how to build Disability Studies alliances between faculty in Disability Studies, professionals in Disability Support Services, and students; for more information, visit George Washington University
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Autism: Solving the Maze: Commonwealth Autism Service 6th Annual Autism Conference; March 7- 9, 2007; Crowne Plaza Richmond West, Richmond, VA; for more information, visit Commonwealth Autism Service
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Your Power, Your Choice; March 9, 2007; Old Dominion University Webb Center, Norfolk, VA; conference will focus on emergency preparedness; for more information, call Joann Ervin, VATS Coordinator at Old Dominion University, 757- 683- 3639 ( voice/ relay), or visit the CONFERENCE WEBSITE
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Through Deaf Eyes; 9: 00- 11: 00 p. m. ET, March 21, 2007; your local PBS station; this high- definition documentary explores 200 years of deaf life in America; the film presents the shared experiences of American history — family life, education, work, sports and technology — from the perspective of deaf citizens
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Disability Employment Institute; April 10- 11, 2007; Morgantown, WV; first annual conference sponsored by the WV Disability Rights Center; Job Accommodation Network staff presenting in employment track
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3rd Annual “ Ask the Experts” Conference; April 18, 2007; Video Conferencing Sites: Roanoke, Grundy, Norfolk and Arlington, VA; conference will feature presenters from the Department of Justice, the Equal Employment Opportunity Commission, the Access Board and the DBTAC - Mid- Atlantic ADA Center; for more information, contact Kelly Gonzalez
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PECS International Congress: What’s a Picture Worth?; April 27- 28, 2007; Renaissance Philadelphia Hotel Airport, Philadelphia, Pennsylvania; speakers from around the world including PECS developers, Dr. Andy Bondi and Lori Frost, will update audience on Picture Exchange Communication System; conference will be of interest to anyone working with children or adults with communication difficulties; for information, call or e- mail Debbie Bittner, ( 302) 994- 2120
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Family Voices 2007 National Conference; May 23- 26, 2007; Grand Hyatt, Washington D. C.; Family Voices invites you to join veteran and emerging family/ youth leaders from around the country focusing on children and youth with special health care needs; gain new information about critical topics such as Medicaid policy, health information technology, family- centered care, cultural competence to improve care and systems, quality assurance, Bright Futures/ wellness, transition, evidence- based outcomes, and more; for more information and registration, visit the conference website
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NCIL Annual Conference on Independent Living; July 9- 12, 2007; Grand Hyatt, Washington, DC; theme for the National Council on Independent Living ( NCIL) 2007 Annual Conference on Independent Living is 25 Years of Celebrating Accomplishments & Forging New Leaders; for more information, visit the National Council on Independent Living
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National Youth Transit Talk; July 27- 28, 2007; Washington, DC; event is part of an ongoing effort to bring together transit system providers and the disability community; forty young leaders with disabilities ( ages 16 - 28) will be chosen to attend; the cost of airfare, hotel, meals, and accommodations will be covered for those selected; requests to participate must be received by March 1, 2007; for more information, visit the web site of the Center for Independent Living ADA News No. 155 January 28, 2007
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Job Accommodation Network Conference 2007: Empowering Employers to Build an Inclusive Workforce; August 6- 7, 2007; Hyatt Regency Crystal City, Arlington, VA; acquire knowledge and skills to accommodate employees with disabilities, comply with the ADA, and develop innovative employment practices; with two full days of training, the JAN Conference offers three concurrent training tracks addressing accommodation issues, innovative employment practices, and ADA/ legal issues
DIVERSITY AND DISABILITY IN THE WORKPLACE - Workforce Discovery: Diversity and Disability in the Workplace is a two- day “ train- the- trainer” activity covering disability awareness, communication and interaction, reasonable accommodations, and legal issues in employment, as well as best practices for trainers. People interested in participating in this training should contact Marissa Johnson, DBTAC: Mid- Atlantic ADA Center Director of Training, at 1- 800- 949- 4232 ( V/ TTY). Dates and locations of training will be arranged to meet the needs of interested participants.
AROUND THE WORLD ( from JAN) - Disability Expert Participates in the First Indo- US Information Technology Conference - International Center for Disability Information ( ICDI) representative Mr. Louis Orslene participated in the first US- India Conference promoting information technology for people with disabilities. The Indo- U. S. Conference on Information Technology Uses for Adults and Children with Disabilities was held Dec. 5 – 6, 2006 in Bangalore, India. The conference included experts from U. S. and Indian universities, information technology ( IT) companies, IT- developing non- governmental organizations, professional associations, family centers, as well as individuals with disabilities. Full story and photos.
PRESIDENT SIGNS COMBATING AUTISM ACT OF 2006 - On December 19th, President Bush signed the Combating Autism Act Of 2006. The Act authorizes expanded activities related to autism research, prevention, and treatment through FY 2011; authorizes research under NIH to address the entire scope of autism spectrum disorder ( ASD); authorizes regional centers of excellence for autism spectrum disorder research and epidemiology; and authorizes activities to increase public awareness of autism, improve the ability of health care providers to use evidence- based interventions, and increase early screening for autism. Additionally, the Act authorizes the Secretary of Health and Human Services to provide information and education on ASD and other developmental disabilities to increase public awareness of developmental milestones; promote research into the development and validation of reliable screening tools for ASD and other developmental disabilities and disseminate information regarding those screening tools; promote early screening of individuals at higher risk for ASD and other developmental disabilities as early as practicable; increase the number of individuals who are able to confirm or rule out a diagnosis of ASD and other developmental disabilities; increase the number of individuals able to provide evidence- based interventions for individuals diagnosed with ASD or other developmental disabilities; and promote the use of evidence- based interventions for individuals at higher risk for ASD and other developmental disabilities as early as practicable. Finally, the Act Calls On The Interagency Autism Coordinating Committee ( IACC) To Enhance Information Sharing. The IACC provides a forum to facilitate the efficient and effective exchange of information about autism activities, programs, policies, and research among the Federal government, several non- profit groups, and the public. The Combating Autism Act requires the IACC to provide information and recommendations on ASD- related programs, and to continue its work to develop - and update annually - a strategic plan for ASD research. There are more than 1.5 million cases of autism in the United States. On signing the Act, the President issued the following statement: “ For the millions of Americans whose lives are affected by autism, today is a day of hope. The Combating Autism Act of 2006 will increase public awareness about this disorder and provide enhanced federal support for autism research and treatment. By creating a national education program for doctors and the public about autism, this legislation will help more people recognize the symptoms of autism. This will lead to early identification and intervention, which is critical for children with autism. I am proud to sign this bill into law and confident that it will serve as an important foundation for our Nation’s efforts to find a cure for autism.” ADA News No. 155 January 28, 2007
BREAKING DOWN BARRIERS: ADVANCES IN 2006 ( by Tina Calabro for the Pittsburgh Post- Gazette) Wednesday, December 27, 2006 - Advances in disability rights have great meaning for individuals, but don't always make headlines. Behind the scenes, people with and without disabilities campaign passionately for equal rights and quality of life every day of the year. As we head into 2007, the time is right to acknowledge success, give credit, and ramp up efforts for the coming year. Read the rest of this interesting recap of Allegheny County, State and national activities HERE.
TELEPHONE TECHNOLOGY FOR PEOPLE WHO ARE DEAF OR HARD OF HEARING - Telephone technology continues to advance to meet the needs of individuals who are deaf or hard of hearing, at home and in the workplace. The technology may not always look like a standard telephone and function in a traditional voice- to- voice way, but conversation still occurs from one end to the other. Individuals with differing degrees of hearing and speech ability can connect with people all over the world using telephones that include sound amplification and clarity technology, headset and wireless devices that couple with hearing aids and provide communication with cellular phones, text- telephones ( TTY) and Voice- Carry- Over phones that provide text for reading and also enable the person to use their own voice to communicate, or even a telephone that provides live captions during a call. JAN offers information regarding these and other telephone technology solutions for people who are deaf or hard of hearing. Read the full article HERE.
NCD COMMENDS ADOPTION OF UNITED NATIONS CONVENTION ON THE RIGHTS OF PEOPLE WITH DISABILITIES ( from NCD) - National Council on Disability ( NCD) chairperson John R. Vaughn today released the following statement regarding the adoption of the United Nations International Convention on the Rights of People with Disabilities. NCD commends the United Nations General Assembly, UN delegates, non- governmental representatives, and civil society for the hard work invested in a new convention on the rights of people with disabilities around the world. This momentous occasion marks the end of a five- year long negotiation process that was unprecedented in its inclusion of non- governmental organizations made up of people with disabilities and is the first convention of this magnitude in this century that will further the human rights of millions of people with disabilities around the world, along with their families and the communities in which they live and work. The treaty is now open for signature and ratification. If 20 countries sign and ratify, the treaty will enter into force. At that point, other countries wishing to become party to the convention must " accede," meaning that they must sign and ratify at the same time. If a country signs the treaty at the outset of its adoption by the General Assembly, the country is considered to be a signatory, and the country is then allowed to take more time to decide whether it wants to ratify and become a " States Party." If the country signs, but then decides not to ratify, it is still a signatory or the country can " unsign" if they have no intention of ever ratifying. For more information on the NCD and its work on the Convention, please see the NCD website.
STUDENT SUES TO RE- ENTER DORM ROOM - The U. S. District Court for the Southern District of New York recently approved a settlement between Hunter College and a Hunter student who had her dormitory room taken away from her after a hospitalization following an unsuccessful suicide attempt. The 19- year- old student, who had been treated for depression, had taken a large number of Tylenol, called 911 and then admitted herself to a medical center. Following treatment, she returned to her dorm only to find out that she had been barred from campus housing. The school failed to do an individual assessment to determine the student’s fitness to return. The student charged the school with violating Title II of the ADA, as well as the Rehabilitation Act and the Fair Housing Act by not making reasonable accommodations for people with disabilities. The college offered to settle the claim after the court denied its motion to dismiss on the basis of 11th Amendment immunity, holding that the school had waived its immunity by receiving federal funds. The school agreed to pay damages and to review its policy on student suicide attempts. Doe v. Hunter College of the City College of New York, USDCt. SDNY, No. 04- CV- 6740, 8/ 23/ 06. ADA News No. 155 January 28, 2007
RESOURCES - Some disability/ employment- related resource material recently added to the catalogue. Publications from the Equal Employment Opportunity Commission ( EEOC) can be ordered at http:// www. eeoc. gov/ publications. html, or by calling 1- 800- 514- 0301( V) or 1- 800- 514- 0383( TTY).
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The December edition of OVeRVIEW, the monthly magazine of the Pennsylvania Department of Labor and Industry, Office of Vocational Rehabilitation ( OVR), features an article about a three- day Blindness Skills Workshop conducted by the OVR Bureau of Blindness and Visual Services ( BBVS).
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The December edition of the National Council on Disability Monthly Bulletin is now available online.
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The December 2006 edition of the NCPAD News, the newsletter of the National Center on Physical Activity and Disability ( NCPAD) includes articles about sports, athletics and people with disabilities. The monthly newsletter is available by free subscription, and on the web at http:// www. ncpad. org/ newsletter.
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News and Notes is the monthly newsletter of The Family Center on Technology and Disability. The newsletter is devoted to a different topic each month. The January 2007 edition contains information about
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The January 15, 2007 edition of the bi- monthly newsletter of the ADA& IT Information Center for the Mid- Atlantic Region, is now available online with disability- related resources, news, and many other items of interest.
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The Fall 2006 Edition of ADA in Focus, the quarterly magazine of the ADA Information Center for the Mid- Atlantic Region, is currently available. Featured is an excellent article, TEENS AND YOUNG ADULTS: What does the ADA Mean to You?
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The newest issue of the Job Accommodation Network’s Consultant’s Corner is now available on the JAN website. Volume 4, Issue 1 of Consultant's Corner — Disability Statistics with a Caveat — discusses accommodating employees with cognitive disorders in a " cubicle" environment.
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The January 2006 edition of In Focus, the newsletter of the U. S. Department of Labor, includes up- to- the- minute news about the Department and the Secretary of Labor.
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The December 2006 edition of Washington Watch, a publication of The Arc and United Cerebral Palsy, is now available on line. Washington Watch provides in- depth news and analysis on disability policy from Washington. ( This link opens a Word document.)
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The U. S. Department of Justice maintains a website entitled ADA Business Connection to assist businesses of all sizes in achieving compliance with the Act. Several documents are newly posted to the website in its Expanding Your Market section, including Accessible Customer Service Practices for Hotel and Lodging Guests with Disabilities, Building a Diverse Customer Base, and Tax Incentives for Businesses. The documents are available in HTML and PDF format. Many other valuable resources are available at the ADA Business Connection.
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DOJ: ADA Best Practices Tool Kit for State and Local Governments - The U. S. Department of Justice ( DOJ) has issued the first installment of a new technical assistance document designed to assist state and local governments to comply with Title II of the ADA. Title II requires that state and local ADA News No. 155 January 28, 2007
government programs, services, and activities be accessible to people with disabilities. The new “ Tool Kit” will be released in several installments over the next ten months.
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Preparing Makes Sense Brochures from the National Organization on Disability, including Prepare Yourself: Disaster Readiness Tips for Owners of Pets or Service Animals
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Hurricane Relief Resources from the American Association of Retired Persons include Dealing With Disaster and We Can Do Better: Lessons Learned for Protecting Older Persons in Disasters
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Latinos with Disabilities in the United States: Understanding and Addressing Barriers to Employment - This report from Proyecto Visión combines information gathered from reviewing scores of studies and research papers with the first- hand knowledge that Proyecto Visión and its regional partners gleaned from five years of providing localized technical assistance across the country.
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Service Animals and Transportation - Easter Seals Project ACTION published a booklet called Frequently Asked Questions about Service Animals that addresses transit issues. ( Link opens a PDF file.)
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Do Web Sites Need to Be Accessible to the Blind? - This article from Law. com discusses several cases around the country that have sought decisions about the application of the ADA to web sites.
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Study: Plaintiffs with Psychiatric Disabilities Fare Worse than Those with Physical Disabilities - A new national study reveals that people with psychiatric disabilities are faring worse in employment discrimination cases than are people with physical disabilities. Find this article at Psych Central.
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Assistive Technology: Making the Impossible Possible ( Neal Starkman for The Journal) - Assistive technologies are helping students who don’t respond to conventional means of instruction.
WEST VIRGINIA SCHOOLS RECOGNIZE DISABILITY HISTORY WEEK - Legislation signed into law in March designates the third week in October as Disability History Week in West Virginia so that students and the public will have the opportunity to learn more about the history and contributions of people with disabilities. The bill was created by delegates to the 2005 West Virginia Youth Disability Caucus made up of young people with disabilities ranging in age from 16 to 21. The legislation requires public schools to provide information on disability history, people with disabilities and the disabilities rights movement and encourages colleges and universities to conduct and promote activities that provide education, awareness and understanding of disability history. It also encourages the Legislature to provide recognition through an annual, joint proclamation and to provide resources for instruction and activities. Find more information as well as disability- related resources HERE.
CHILDREN WITH DISABILITIES AND OBESITY ( NCPAD) - Childhood obesity has become an epidemic in the United States over the last generation. More children are overweight or obese today than ever before, and the numbers continue to grow. Children with disabilities are at an even greater risk for obesity because of this sedentary lifestyle. Many parents believe that because of their disability, their children cannot be physically active, which is not the truth. This lack of physical activity may not only lead to obesity, but to many other numerous health problems as well. To read the entire piece, go to the NCPAD website.
NOD ANNOUNCES TOP CITIES IN DISABILITY FRIENDLINESS ( PRNewswire- USNewswire) - Berkeley, CA, and Chicago, IL, have been chosen as the winner and runner- up in the sixth annual Accessible America Contest, the National Organization on Disability ( NOD) announced today. The cities are being heralded as national models for innovative programs to promote community inclusion of people with disabilities. The Accessible America Contest is administered by NOD's Community Partnership Program. Other 2006 contest finalists were: Alexandria, VA; Bloomington, IN; Indianapolis, IN; Louisville, KY; Miami Beach, FL; New Haven, CT; San Francisco, CA; and Sioux Falls, SD. Read more about this award HERE.
PA YOUTH LEADERSHIP NETWORK SEEKS PARTICIPATION - The Pennsylvania Youth Leadership Network ( PYLN) has a variety of opportunities for high school graduates ages 18 - 28 to develop leadership and promote successful outcomes in education, employment, independent living, and health and wellness among youth and young adults with disabilities throughout Pennsylvania. The deadline for submission of applications is January 22, 2007. For more information, contact the PYLN Governing Board.
Technology Addiction Lawsuits: Will they Succeed? ( Anita Ramasastry for Findlaw. com) - Just last month, in a U. S. District Court in New York, IBM asked a federal judge to dismiss an Americans with Disabilities Act ( ADA) lawsuit brought against it by a former employee. Plaintiff James Pacenza, who had been with IBM for 19 years, alleges that he was wrongfully fired for misusing his workplace computer. More specifically, Pacenza claims he is “ addicted” to the Internet - and thus suffers from a disability. He also says the root of his disability is another disability - post- traumatic stress disorder ( PTSD) based on his service in Vietnam. Pacenza thus argues that, legally, IBM was required to take steps to help him before terminating him - as it would have done with someone addicted to alcohol or narcotics. He seeks $ 5 million in damages. Will Pacenza’s suit, and others like it, succeed? In this column, I'll discuss that question. Could this case really pass the “ straight- face” test? Read more HERE.
UNIVERSITY STUDY ON TEENS WITH DISABILITIES - East Tennessee State University is conducting a research study on the social experiences of adolescents with physical disabilities. The stated purpose of this research study is to better understand how having a physical disability affects how adolescents feel about themselves, how they think others feel about them, how they feel about their disability and how it impacts their social activities. When such experiences are understood, changes can be made to make things better for adolescents and other people with disabilities. The survey, found HERE, should take between one and two hours to complete.
COMING UP NEXT MONTH - February is Black History Month, AMD/ Low Vision Awareness Month, American Heart Month, National Children's Dental Health Month, Wise Health Consumer Month, Kids E. N. T. ( Ears, Nose, Throat) Month, Age- Related Macular Degeneration/ Low Vision Awareness Month, Prenatal Infection Prevention Month; February 1- 7 is National Patient Recognition Week, 4- 10 is National Burn Awareness Week, 5- 9 is Pride in Food Service Week, 7- 14 is Congenital Heart Defect ( CHD) Awareness Week, 11- 17 is National Cardiac Rehabilitation Week, National Condom Week, Duchenne Muscular Dystrophy Awareness Week, National Children of Alcoholics Week, Cardiovascular Professionals Week and National Child Passenger Safety Week, 17- 24 is National Porphyria Week, 25- March 3 is National Eating Disorders Awareness Week; February 2nd is Give Kids A Smile Day and National Wear Red ( for Women’s Heart Disease) Day, the 3rd is National Patient Recognition Day, the 7th is National Black HIV/ AIDS Awareness Day and National Girls and Women in Sports Day, the 11th is World Day of the Sick, the 14th is National Blood Donor Day and Congenital Heart Defect Awareness Day and the 16th is National Women’s Heart Health Day.
ADA News No. 155 January 28, 2007
ADA News No. 156 February 26, 2007
ADA News
Disabilities Law, News & Perspective
Patrick H. Bair - Editor
Number 156February 2007
Items regarding disabilities, disabilities law and the Americans with Disabilities Act which may be of interest to you. Please share this information with colleagues, supervisors and subordinates. This is a free publication available in electronic and printed format to anyone who is interested. Subscription requests, comments, contributions or questions, including requests for accommodations needed to receive or apprehend this publication, should be addressed to Patrick H. Bair, Editor. The views and opinions expressed herein are solely those of the editor, except where noted, and do not represent the views of the Office of Chief Counsel or the Department of Environmental Protection. Current and recent issues can be found online at the DEP OCC Homepage. All past issues of this publication are archived on the DEP internal website.
COURT REVERSES “ IMPROVIDENT” TRIAL COURT DECISION - The U. S. Court of Appeals for the Third Circuit ( PA, NJ, DE, VI) came to the rescue of a 30- year postal employee with mental disabilities when it reversed summary judgment granted by the U. S. District Court for the Eastern District of Pennsylvania. The recitation of facts in the Court’s opinion shows a USPS manager seemingly determined to rid her work unit of persons with disabilities, aided in part by the naivety or fear of the employees themselves. Despite the compelling facts, the trial court granted the motion by the U. S. Postal Service to dismiss the employee’s Rehabilitation Act claim alleging that he was the victim of disability discrimination. The Appellate Court concluded that while the lower court had been correct to apply the McDonnell- Douglas test to determine whether summary judgment should be granted, the court had not carried through the test sufficiently. The Appellate Court, applying the same test, found genuine questions of material fact making summary judgment inappropriate and sent the case back to the trial court for further proceedings. Wishkin v. Potter, CA3, No. 05- 4743, 2/ 7/ 07.
CITY OF PHILADELPHIA SETTLES EMERGENCY MEDICAL CARE CASE - On November 13, 2006, the federal court in Philadelphia entered a settlement order and order of dismissal resolving the lawsuit Smith and United States v. City of Philadelphia, in which the United States intervened in August 2004. The suit alleged that city paramedics had violated Title II of the ADA and Section 504 of the Rehabilitation Act by refusing to provide emergency medical services to Smith upon learning that he was HIV- positive. Under the terms of the settlement, the city agreed to institute a multi- component training program regarding appropriate and nondiscriminatory care for people with HIV and other infectious diseases. The training is mandatory for all city paramedics and EMTs, and the city will submit documentation certifying yearly compliance and participation by all relevant personnel. The city also agreed to pay Mr. Smith $ 50,000 in damages. “ Vital emergency medical services must be provided in a non- discriminatory manner to all persons who need them,” said Wan J. Kim, Assistant Attorney General for the U. S. Department of Justice, Civil Rights ADA News No. 156 February 26, 2007
Division. “ The Justice Department is committed to ensuring that cities carry out this important function responsibly and in accordance with federal law.” “ This agreement protects both the patient and, by requiring proper training, the emergency responders,” said Pat Meehan, U. S. Attorney for the Eastern District of Pennsylvania. “ Emergency response is a key link in the continuum of care and this agreement ensures the highest quality of care to those in great need.”
‘ REGARDED AS’ CLAIM MAY SUCCEED WHERE DISABILITY CLAIM FAILED - An applicant for a driver position had his larynx surgically removed in 1991, leaving a hole in his neck and affecting his speaking voice. While the applicant owns an electric voice box, he has not used it since 1991 or 1992. The applicant contends that, although he does not personally consider himself to be disabled because of his voice, “ a lot of employers” do. In April 2003, the applicant applied for a job with Richards Paving as a truck driver. The applicant, who is currently about 64 years old, has had a Commercial Driver’s License since the age of 21. The applicant’s interview was conducted by an employee of Richards named David Moluski who took plaintiff on a driving test in a dump truck and, according to the applicant, asked him to demonstrate how he would use a CB radio. The applicant claims that afterward Moluski stated that the applicant had passed the driving test and asked to see a copy of his driving record, which the applicant provided the next day. Moluski denies telling plaintiff the results of the driving test and stated in his deposition that the applicant “ could not handle the truck.” According to Moluski, he told the applicant that he had to check with his supervisors before making a hiring decision. Moluski testified that he usually ends interviews with “ bad drivers” in that manner in order to “ alleviate any conflict with them.” Because the applicant had suffered the loss of his larynx, a speech organ, the operative question for the U. S. District Court for the District of Delaware was whether this physical impairment substantially limited the applicant’s ability to engage in the major life activity of speaking. The severity of the applicant’s impairment appeared to be limited to a diminution in the volume of his voice and difficulty pronouncing certain words. Despite his soft voice, the applicant was able to communicate over a cellular phone and did so frequently. The record revealed no evidence that the applicant’s quiet speaking voice substantially limited his ability to perform the major life activity of speaking. Thus, the court found that the applicant could not establish that he had an actual disability under the ADA. As to his claim that he was “ regarded as” having a disability, however, the court remanded with instructions that should the applicant be able to prove that he was indeed asked to speak over a CB radio during his interview, a reasonable jury might be able to infer that the employer failed to hire the applicant because he was regarded as disabled. The employer’s motion for summary judgment was granted with regard to the applicant's claim that he was actually disabled and denied as it pertained to the count alleging “ regarded as” discrimination. Burris v. Richards Paving, Inc., USDCt. DDe., No. Civ. No. 04- 1469- SLR , 11/ 9/ 06.
DISABILITIES WEBSITE OF THE MONTH - DisabilityWORK. com has launched, helping employers reach a largely untapped worker pool. Access Solutions, LLC has announced the debut of DisabilityWORK. com, a service that brings employers and people with disabilities together. Employers can expect to reach an untapped pool of qualified workers, while people with disabilities have a new venue in which to showcase their talents. DisabilityWORK. com consists of several different services for both employers and people with disabilities. Employers can search a database of resumes to find prospective candidates to fill needed positions. They can also post their job openings on the website and utilize DisabilityWORK. com’s headhunting services. People with ADA News No. 156 February 26, 2007
disabilities can not only post their resumes on the website, but they can also use an array of services ranging from resume- writing and career coaching to job placement and job coaching.
APPEALS COURT ORDERS TRIAL OF EEOC DISABILITY SUIT AGAINST WAL- MART - The U. S. Court of Appeals for the Eighth Circuit ( ND, SD, NE, MN, IA, MO, AR) ruled this month that the U. S. Equal Employment Opportunity Commission may continue its disability discrimination lawsuit against Wal- Mart Stores, Inc., reversing a lower court’s dismissal of the case. The EEOC filed suit against Wal- Mart in January 2004 on behalf of a job applicant who has cerebral palsy and uses a wheelchair, after a Wal- Mart store in Richmond, Missouri, refused to hire him for any position, including greeter or cashier. A federal judge in U. S. District Court for the Western District of Missouri granted summary judgment to the company in August 2005, finding that the EEOC had not presented sufficient evidence from which a jury could reach a verdict in the applicant’s favor. The Appellate Court’s decision reversed the lower court ruling and held that the EEOC did present sufficient evidence from which a jury could find that the applicant was qualified to perform the essential functions of greeter and cashier jobs at Wal- Mart. The Eighth Circuit also held that there was sufficient evidence from which a jury could find that Wal- Mart lied about its reasons for not hiring the applicant in order to hide discrimination, and that Wal- Mart failed to prove, as it claimed, that the applicant would pose a “ direct threat” to the health and safety of himself or others by working at the store. The ruling is especially significant because it is the first time the Eighth Circuit has decided the issue of whether the employer or the employee bears the burden of proof when the employer claims that the employee poses a “ direct threat” under the ADA. The Court stated that the burden lies with the employer. “ This decision properly leaves it up to the jury to decide whether Wal- Mart discriminated against [ the applicant] because of his disability,” said Robert Johnson, regional attorney of the EEOC’s St. Louis District. “ This man was very well qualified to work at Wal- Mart, but the company tried to cover up its discrimination. We look forward to presenting this case to a jury as soon as possible.” EEOC v. Wal- Mart Stores, Inc., CA8, No. 06- 1583, 2/ 13/ 07.
AREA CALENDAR -
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Pennsylvania Association of Student Assistance Professionals 17th Annual Conference; March 4- 6, 2007; Omni William Penn Hotel, Pittsburgh, PA; contact Deb Sagan via e- mail at dsagan@ northallegheny. org for more information
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Access to Community Living: Promoting Independence and Choice: The 2007 New Freedom Initiative Conference; March 5– 7, 2007; Baltimore Marriott Waterfront Hotel, Baltimore, MD; sponsored by Centers for Medicare and Medicaid Services; conference will focus on policies, programs and tools, including opportunities authorized by the Deficit Reduction Act of 2007; agenda will include presentations on CMS’s Roadmap for Reform and perspectives from consumers and advocates; concurrent sessions will address components of programs that promote independence and choice; participants will meet with CMS officials to discuss roadmap, options available and give recommendations for reform; for more information go to http:// www. nashp. org/ cmsconference2007
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Job Accommodation Network Web Training: Hiring Veterans with Disabilities; March 13, 2007; Webcast; Billy Wright, Director, EARN Veterans Initiatives and Anne Hirsh, ADA News No. 156 February 26, 2007
JAN Services Manager, will provide information pertaining to hiring veterans and transitioning service members; participants will receive information on various veterans training and job placement initiatives available to returning soldiers, how to gain access to this very talented labor pool, case study findings, and how to successfully accommodate these men and women; for information browse HERE
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Project Search— An Innovative Transition Program; 2: 00– 2: 45 PM ET, March 20, 2007; Webcast; sponsored by CRP- RCEP; part of a series of 7 45- minute webcasts on topics related to customized employment strategies and individual choice; each webcast is captioned; for information on the complete series, go to http:// www. worksupport. com/ training/ webcastSeries. cfm
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Job Accommodation Network Web Training: Focus On Technology; 2: 00– 3: 00 PM ET, April 10, 2007; Webcast; part of a series of webcasts sponsored by JAN; discussion about the use of technology to accommodate employees with motor, sensory, and cognitive impairments; participants will receive information about how to choose assistive technology as an accommodation; for more information on the complete series, go to http:// www. jan. wvu. edu/ teleconf
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Rehabilitation Research and Training Center on Community Integration of People with Traumatic Brain Injury; April 12- 13, 2007; Ritz- Carlton Pentagon City, Arlington, VA; state of the science in 2007 and what can be learned from research in community integration across disability groups applicable to individuals with traumatic brain injury; see conference website for details
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Employment for Individuals With Disabilities With Criminal Records; 2: 00– 2: 45 PM ET, April 16, 2007; Webcast; sponsored by CRP- RCEP; part of a series of 7 45- minute webcasts on topics related to customized employment strategies and individual choice; for information on the complete go to http:// www. worksupport. com/ training/ webcastSeries. cfm
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2007 Children’s Interagency Training Conference; April 24- 27, 2007; Penn Stater Conference Center Hotel, State College, PA; conference theme is How Does Your Garden Grow? Cultivating Cross- System, Family- Driven, and Youth- Guided Partnerships; click HERE for complete program and registration information
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National Association of Psychiatric Health Systems Annual Meeting; April 29- May1, 2007; Hyatt Regency Washington on Capitol Hill, Washington, DC; policy meeting for leaders of behavioral healthcare provider organizations; hear from award- winning journalist Jane Pauley, former Health and Human Services Secretary Tommy G. Thompson, Rep. Patrick Kennedy ( D- RI), and more; conference website HERE
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Job Accommodation Network Web Training: Employing and Accommodating Individuals with Psychiatric Impairments; May 8, 2007; Webcast; Kimberly Bisset, Boston University Center for Psychiatric Rehabilitation, and Kendra Duckworth, JAN consultant will offer a variety of accommodation solutions and practical tips for the successful employment of people with psychiatric impairments; presenters will provide ADA News No. 156 February 26, 2007
examples of real- life accommodation situations with win- win outcomes; for further information, browse HERE
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Mini- Conference on Accessible Fitness ; May 11, 2007; Norcom Community Center, Philadelphia, PA; learn more about exercise and fitness, even with any type of disabling condition; key- note speaker will be Paul O’Lone, a body building champion who still competes despite being diagnosed with Multiple Sclerosis; info and registration at http:// www. nccfun. org/ fitness. htm
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Transition to Meaningful Adult Roles: You Can’t Put a Square Peg in a Round Hole— A Journey; 2: 00– 2: 45 PM ET, May 15, 2007; Webcast; sponsored by CRP- RCEP; part of a series of 7 45- minute webcasts on topics related to customized employment strategies and individual choice; for information about the entire series, go to http:// www. worksupport. com/ training/ webcastSeries. cfm
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Post- secondary Education Conference: Opening Doors to Students with Intellectual Disabilities; May 19, 2007; Ohio State University, Fawcett Conference Center, Columbus, Ohio; students with intellectual disabilities in some areas of the country are experiencing wonderful opportunities at colleges and universities that are opening doors to employment and independent living; hear administrators, teachers, families and students talk about their higher education experiences and find out for yourself whether post- secondary education could work for you and your local college; sponsored by the Ohio Down Syndrome Advocacy Network; information at conference website
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Organization Change— Examples of Successful Case Studies; 2: 00– 2: 45 PM ET, May 22, 2007; Webcast; sponsored by CRP- RCEP; part of a series of 7 45- minute webcasts on topics related to customized employment strategies and individual choice; for information on the entire series, go to http:// www. worksupport. com/ training/ webcastSeries. cfm
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Camp Abilities PA; May 25- 27, 2007; West Chester University, West Chester, PA; foremost purpose of Camp Abilities is to empower children who are visually impaired and blind to be physically active, productive members of their schools, communities, and society and to improve their health and well- being; camp Abilities Sports Weekend teaches children what they CAN do and encourages them to be more independent; each child is sent home with assessments of their abilities on each sport and activity, shared with the parents and physical educator to increase understanding of their current abilities; more information at Camp Abilities PA, or via e- mail
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6th Annual Pennsylvania Workers’ Compensation Conference; May 30 - June 1, 2007; Hershey Lodge and Convention Center, Hershey, PA; join other members of the workers’ compensation community at this popular event for lively, thought- provoking presentations on workers’ compensation issues; keynote speaker Captain Charlie Plumb is a former prisoner of war and one of the most sought after achievement speakers in the United States; register HERE
ADA News No. 156 February 26, 2007
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Customized Self Employment; 2: 00– 2: 45 PM ET, June 12, 2007; Webcast; sponsored by CRP- RCEP; part of a series of 7 45- minute webcasts on topics related to customized employment strategies and individual choice; for information on the entire series, go to http:// www. worksupport. com/ training/ webcastSeries. cfm
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Job Accommodation Network Web Training: Workplace Accommodations: A Small Investment Yields Large Return; 2: 00– 3: 00 PM ET, June 12, 2007; Webcast; sponsored by JAN; session provides the returns expected when investing in job accommodations to hire and retain workforce; employer will present practical guidance on hiring and retaining qualified individuals with disabilities; for information about the JAN teleconference series, go to http:// www. jan. wvu. edu/ teleconf
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The ADA at 17: What's Happening with Title I?; 2: 00– 3: 00 PM ET, July 10, 2007; Webcast; trainers Sharon Rennert, Attorney Advisor, US Equal Employment Opportunity Commission with Linda Batiste, JAN Consultant, will provide an overview of accommodation issues and trends related to Title I of the ADA and update participants on the most common questions being asked by employers, policy milestones, and effective employment strategies in the private and public sectors; for information about the JAN teleconference series, go to http:// www. jan. wvu. edu/ teleconf
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Job Accommodation Network 2007 Conference; August 6 & 7, 2007; Hyatt Regency Crystal City, Crystal City, VA; JAN annual conference is held in different areas of the country each year to provide an opportunity for employers, service providers and individuals to benefit from the expertise of JAN’s staff; for over 23 years, JAN has provided focused, trusted, and informed advice; annual conference unites JAN consultants with featured speakers who have expertise in employment law, innovative employment practices, and disability issues; more information at the conference website
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American Public Health Association ( APHA) 135th Annual Meeting and Exposition; November 3- 7, 2007; Washington Convention Center, Washington, DC; the premier public health educational forum; learn from the experts in the field, hear about cutting edge research and exceptional best practices, discover the latest public health products and services, and share your public health experience with your peers; the world of public health is in continual motion, and there is no better time to stay abreast of the research and learn about emerging issues; visit the conference website for more information
JOB BIAS CHARGES EDGED UP IN 2006, EEOC REPORTS - The U. S. Equal Employment Opportunity Commission last year received a total of 75,768 discrimination charges against private sector employers, the first increase in charge filings since 2002, the federal agency reported today as part of its Fiscal Year 2006 data. The year- end statistics, available online at http:// www. eeoc. gov/ stats/ enforcement. html, show that charges based on race ( 27,238), sex ( 23,247), and retaliation ( 22,555) were the most frequent allegations, as in past years. Other frequently cited charge bases were disability ( 15,625), age ( 13,569), national origin ( 8,327), and religion ( 2,541). All charge categories edged up from FY 2005, with the exception of age and equal pay. Individuals may allege multiple types of discrimination in a single charge filing.
ADA News No. 156 February 26, 2007
AROUND THE WORLD ( from DisabilityWorld) - Breaking Down More Barriers in Moscow with Film: From November 17- 20, 2006, the 3rd International Disability Film Festival “ Breaking Down Barriers” was held in Moscow at the movie theater Salyut, still one of the most accessible movie theaters in town. More than 1,500 people attended the four day event. Viewers included teachers, social protection officials, students of film and social work, special educators, disability activists and other members of the community. The festival showcased nearly 100 films from Canada, France, South Africa, Georgia, Russia, the U. S., Italy, Mexico, Denmark, Belgium, Ireland, the UK, Austria, Mexico, Germany, and India. Films were short and long features, documentaries, animation, films for children, about children, public service announcements, and more. The films from 20 countries competed for 11 awards. The awards were selected by a distinguished jury of Russian film- makers, chaired by the famous Russian director, writer, producer and actor, Aleksander Mitta, who graduated from the well- known All- Russian Cinema Institute in 1960. He is also a recipient of the distinguished Russian Film Award, 2001, TEFI. In 2004 he was awarded the title “ Most Popular Artist of Russia.” At the start of the festival, Mr. Mitta was interviewed by national Russian TV. On National TV Mr Mitta remarked: “ These are films about disabled people, but they are not for them, they’re for us. You get such a sense of fullness from them … And it’s all true.” Read more about the Moscow Film Festival HERE.
RESOURCES - Some disability/ employment- related resource material recently added to the catalogue. Publications from the Equal Employment Opportunity Commission ( EEOC) can be ordered at http:// www. eeoc. gov/ publications. html, or by calling 1- 800- 514- 0301( V) or 1- 800- 514- 0383( TTY).
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The January 2007 edition of OVeRVIEW, the monthly magazine of the Pennsylvania Department of Labor and Industry, Office of Vocational Rehabilitation ( OVR), features an article about a York County man who after being injured and downsized out of his job, found a new and satisfying career in equine dentistry.
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The January edition of the National Council on Disability Monthly Bulletin is now available online.
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Issue No. 16 ( December 2006) of Disability Rights online News, a monthly update about activities in the area of disability rights of the U. S. Department of Justice, Civil Rights Division, is now available; the issue highlights gains in accessibility at the Universities of Colorado and Chicago, Jo- Ann Fabrics stores and two yet- to- be- built housing developments in Austin, Texas.
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The January 2007 edition of the NCPAD News, the newsletter of the National Center on Physical Activity and Disability ( NCPAD) includes articles about sports, athletics and people with disabilities. The monthly newsletter is available by free subscription, and on the web at http:// www. ncpad. org/ newsletter.
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For an analysis of the President’s Fiscal Year 2008 budget, check out the February 2007 edition of Washington Watch, a publication of The Arc and United Cerebral Palsy, now available on line. The Disability Policy Committee’s Staff Director Paul Marchand called the President’s budget “ the most dangerous budget proposal that the disability community has ADA News No. 156 February 26, 2007
ever faced.” Washington Watch provides in- depth news and analysis on disability policy from Washington. ( This link opens a Word document.)
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The February 1, 2007 edition of the bi- monthly newsletter of the ADA& IT Information Center for the Mid- Atlantic Region, is now available online with disability- related resources, news, and many other items of interest.
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The latest edition of In Focus, the newsletter of the U. S. Department of Labor, includes up- to- the- minute news about the Department and the Secretary of Labor.
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Winter Issue of DisabilityWorld Now Online - The latest issue of DisabilityWorld has articles covering developments in access, technology, the UN Convention, media arts, women and youth, with endnotes highlighting achievements from 2006. This webzine features news and views from Britain, Canada, China, Germany, India, Kenya, Russia and South Africa. The current issue includes a special section that presents information and explores strategies to launch the UN Convention promoting the rights and dignity of people with disabilities. Also featured is the first report about the consensus conference on wheelchair standards for developing countries, an in- depth article outlining how universities can increase the accessibility of electronic teaching tools, and a summary of a unique project in Africa linking HIV/ AIDS and disability initiatives through the events of the African disability decade. Finally, readers can get information about the lives of disabled veterans returning from the wars in Iraq and Afghanistan.
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Disability and Aging: Seeking Solutions to Improve Health, Productivity and Community Living - Disability is one of the leading issues in aging. Today, more than 54 million Americans live with one or more disabilities, and the reality is that the likelihood of developing a chronic disabling condition only increases with age. In response to this, the White House Conference on Aging sanctioned the Mini- Conference on Disability and Aging. NIDRR is pleased to make available the final report and recommendations from the Mini- Conference on Disability and Aging, Disability and Aging: Seeking Solutions to Improve Health, Productivity and Community Living.
CIRCUIT CITY SETTLES ADA VIOLATIONS ( Disabled Citizens of Mississippi) On January 5, 2007, the Disabled Citizens of Mississippi assisted two wheelchair users in investigating and settling their ADA complaint, which consisted of the following issues: Segregation – Circuit City Stores Inc. has agreed to move handicapped parking spaces to the closest front door parking area with van accessible signage, and adding a striped crosswalk to the front door parking area and ending their practice of placing handicapped parking spaces at the side of the building; Unsafe Fire Exits – Also in the mediation, Circuit City Stores, Inc. agreed to place curb cuts at all three fire exits within ninety days. Circuit City Store Inc. after two hours in a mediation conference with the two individuals agreed to move the handicapped parking from the side of the building and place the handicapped parking in the front of the ails of the Southaven, Mississippi store, along with adding a striped cross walk for safety of all its patrons, and to place curb- cuts in the side walk at each of the fire exits.
ADA News No. 156 February 26, 2007
NOD INITIATIVE RECEIVES $ 100,000 FROM AMERICAN INTERNATIONAL GROUP ( NOD) - The National Organization on Disability ( NOD) received a commitment of $ 100,000 from the American International Group, Inc. ( AIG), world leaders in insurance and financial services. The grant will be used to enhance the work of NOD’s Emergency Preparedness Initiative, which works to ensure that emergency managers address disability concerns, and that people with disabilities are included in all levels of emergency preparedness- planning, response, and recovery. “ This grant will allow EPI to continue the important work begun after the tragedies of September 11th, to ensure that America’s 54 million citizens with disabilities are both included as active participants in emergency planning, and themselves prepared for the eventuality of disaster,” said Michael R. Deland, President of the National Organization on Disability. The Emergency Preparedness Initiative has been instrumental in promoting the understanding of the special needs of people with disabilities in disasters through a nationwide program of outreach and education.
MEET TYLER - CLICK ( Hyperlink opens Windows Media Player.)
HOLLYWOOD ( FL) OFFICIALS APPROVED OF USING SHUTTLE SERVICE THAT HAS LIMITED ACCESS FOR THE DISABLED ( by Todd Wright for the Miami Herald, 1/ 27/ 07) Hollywood Beach’s new HOT Express shuttle service may have put city officials in hot water just days after it picked up its first passenger. The city’s beach Community Redevelopment Agency could get in legal trouble because the new bus service doesn't have ramps or lifts for wheelchairs -- a blatant violation of the Americans With Disabilities Act. The city is in the midst of making $ 1.6 million in ADA- required improvements to city facilities as a result of a settlement with a resident who sued in 2000 over multiple ADA violations. City commissioners, acting as the CRA board, approved the shuttle Jan. 16th. The HOT Express started Thursday and at least one complaint has been reported. The bus service is a 12- week pilot program that transports guests at certain hotels on the beach to dining and entertainment spots in the city. Pro Transportation is being paid more than $ 102,000 by the beach CRA to provide the 29- passenger mini- buses and run the service. CRA officials never asked for ADA- compliant buses, said Larry Procaccini, owner of the bus company. He said none of the buses he has have wheelchair lifts. '' They just said they needed some shuttle buses,'' Procaccini said. ADA rules require wheelchair accessibility to any publicly funded vehicle that will carry more than 15 passengers, said Fred Shotz, president of All Disabled Americans Incorporated, a national disability rights advocacy group. Shotz sued the city in 2000 for numerous ADA violations. '' If they didn't ask for ADA- compliant buses, shame on the city of Hollywood,'' he said. “ They got sued for something as stupid as this already and now it's like here we go again. Once again, the city ignores the ADA.'' The apparent oversight also slipped by City Manager Cameron Benson and city commissioners. The news upset Commissioner Cathy Anderson, who represents the beach. '' With all the stuff that we have been put through with the ADA, that should have been the first requirement. I would have never voted for this,'' she said.
COMING UP NEXT MONTH - The “ eyes” have it in March, designated as Workplace Eye Safety Month, National Eye Donor Month, National Save Your Vision Month, and Sports Eye Safety Month, as well as National Women’s History Month, American Red Cross Month, National Chronic Fatigue Syndrome Awareness Month, National Colorectal Cancer Awareness Month, Hemophilia Month, National Kidney Month, National Talk with your Kids about Sex Month, Mental Retardation Awareness Month, Multiple Sclerosis Education & Awareness Month, National Nutrition Month, National Professional Social Work Month, Child Life Month, National Brain Injury Awareness Month, National Athletic Training Month, National Endometriosis Awareness Month and International Mirth Month; March 4- 10 is National Patient Safety Awareness Week, Juvenile Arthritis Awareness Week and National Collegiate Health and Wellness Week, 5- 9 is National School Breakfast Week, 9- 13 is American Indian Awareness Week, 11- 17 is National Pulmonary Rehabilitation Week, National Ground Water Awareness Week and American Chocolate Week ( hey, chocolate is good for you!), 12- 18 is Brain Awareness Week and Problem Gambling Awareness Week, 18- 24 is National Inhalants and Poisons Awareness Week, and March 26- April 2 is National Sleep Awareness Week; March 8th is International Women’s Day, the 9th is Panic Day (!), the 22nd is World Water Day and National Goof- Off Day, 24th is World Tuberculosis Day, the 27th is American Diabetes Alert Day, the 0th is National Doctors’ Day and the 31st is Kick Butts Day.
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ADA News No. 157
March 21, 2007
ADA News
Disabilities Law, News & Perspective
Patrick H. Bair - Editor
Number 157 March 2007
Items regarding disabilities, disabilities law and the Americans with Disabilities Act which may be of interest to you. Please share this information with colleagues, supervisors and subordinates. This is a free publication available in electronic and printed format to anyone who is interested. Subscription requests, comments, contributions or questions, including requests for accommodations needed to receive or apprehend this publication, should be addressed to Patrick H. Bair, Editor. The views and opinions expressed herein are solely those of the editor, except where noted, and do not represent the views of the Office of Chief Counsel or the Department of Environmental Protection. Current and recent issues can be found online at the DEP OCC Homepage. All past issues of this publication are archived on the DEP internal website.
FORCED FCE/ RETIREMENT VIOLATED ADA - The U. S. Court of Appeals for the Fifth Circuit ( TX, LA, MS) filed a decision this month in which the Court found that a chemical company’s forcing a lab operator to undergo a “ functional capacity evaluation” ( FCE) and eventually to accept a disability retirement was a violation of the ADA. The lab operator had difficulty walking as a result of a number of medical conditions. Her employer, E. I. DuPont de Nemours and Company (“ DuPont”), allegedly became concerned about her ability to walk in the plant and evacuate in the event of an emergency. The company required her to undergo the FCE, according to the complaint, which confirmed her walking impairment. The company restricted her from walking in the plant. She was placed on disability retirement soon after, and the company resisted all of her attempts to return to work. She filed a claim with the EEOC which filed suit on her behalf in the U. S. District Court for the Eastern District of Louisiana alleging violations of the Act. DuPont said its actions were justified because the ability to evacuate the premises safely is a necessary component of a chemical plant job and the lab operator demonstrated that she could not safely do so on her own. At trial the jury found that the operator was fired in violation of the ADA and awarded her $ 91,000 in back pay, $ 200,000 in front pay and $ 1 million in punitive damages. The District ADA News No. 157 March 21, 2007
Court reduced the punitive award to $ 300,000. DuPont appealed, and the 5th Circuit panel affirmed in part and reversed in part. The Appellate Court found ample evidence that DuPont regarded the operator as a person with a disability, and rejected DuPont’s affirmative defense that she constituted a “ direct threat” to herself or others. The Court also found that the trial jury was entitled to reject DuPont’s good- faith defense that it relied on its doctors’ findings concerning her ability to do her job and find that the company acted maliciously toward the operator. The panel said that the “ crowning evidentiary blow” against DuPont was a supervisor’s comment that he no longer wanted to see the operator’s “ crippled, crooked self going down the hall hugging the walls.” Equal Employment Opportunity Commission v. E. I. du Pont de Nemours & Co., CA5, No. 05- 30712, 3/ 1/ 2007.
‘ INTERACTIVE PROCESS’ CLAIM NOT INDEPENDENT - The U. S. Court of Appeals for the Third Circuit ( PA, NJ, DE, VI) this month issued a “ non- precedential” opinion in the appeal of a case reported in ADA News No. 147. The case involved a marketing coordinator with a visual disability who refused to transfer from Pittsburgh to Alabama when his employer relocated its operations there. The U. S. District Court for the Western District of Pennsylvania decided against the coordinator on his failure to accommodate and discriminatory discharge claims. In addition, the court dismissed his claim that the employer had failed to engage in an “ interactive process” on his accommodation request. The 3rd Circuit affirmed the judgment of the trial court. Specifically, the Appellate Court found that the trial court was correct in not allowing the jury to consider the coordinator’s “ interactive process” claim. Appellant “ basically errs in presuming that the failure to participate in the interactive process is a separate claim apart from the failure to accommodate claim,” stated Judge Anita Brody for the Court. “ Even when an employer fails to participate in the interactive process in good faith, it may escape liability by showing that no reasonable accommodation was possible. [ cite omitted] Therefore, failure to participate in the interactive process is not a ground for liability unless the employee has proven a failure to accommodate, namely, that a reasonable accommodation existed and the employer unreasonably failed to provide it.” Whelan v. Teledyne Metalworking Products, CA3, No. 06- 1460, 3/ 15/ 07.
DISABILITIES WEBSITE OF THE MONTH - Youth with Disabilities is a new web project from the DBTAC Mid- Atlantic ADA Center. The website provides links to disability resources especially helpful to youth of all ages. A self- proclaimed “ work in progress,” Youth with Disabilities asks its readers to contribute content to make it an even more useful tool for youth with disabilities.
VOTING ACCESSIBILITY - Two related bills amending the Help America Vote Act of 2002 ( HAVA) have been introduced in the 110th Congress. The Voter Confidence and Increased Access of 2007 Act ( H. R. 811), introduced in the House by Representative Rush Holt ( D- NJ) ( with 195 cosponsors) and referred to the Committee on House Administration, contains specific provisions regarding accessibility and ballot verification for people with disabilities. The related Senate bill, the Voter Integrity and Verification Act ( S. 559), sponsored by Senator Bill Nelson and referred to the Senate Committee on Rules and Administration, contains provisions similar to H. R. 811 except that it goes further to ban conflict of interest on the part of elections officials. Both bills amend HAVA with respect to: ( 1) ballot verification and mandatory paper record audit capacity; and ( 2) accessibility and ballot verification of results for individuals with disabilities. Both bills also require the Director of the National Institute of Standards and Technology to study, test, and develop best practices to enhance the accessibility of ballot verification mechanisms for individuals with disabilities, outline ADA News No. 157 March 21, 2007
additional voting system requirements and prohibitions, extend the authorization of the Election Assistance Commission ( EAC), provide for complaints to the Attorney General by persons aggrieved by violations of HAVA and make available additional funding to enable states to meet the costs of the new requirements.
AREA CALENDAR -
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Practical Strategies for Autism and Asperger’s Syndrome/ School and Home; March 27, 2007; Mountain View Inn and Conference Center, Greensburg, PA; for more information and online registration, visit the AVID Learning Center
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UCP Cares: The Secrets to a Successful IEP; 5: 00- 9: 00 PM, March 28, 2007; Levy Hall Rodef Shalom, Fifth Ave., Shadyside, Pittsburgh, PA; children with Individual Education Plans ( IEPs) should have teams behind them that work well together and that are consistently focused on the best interests of the child; workshop will feature a panel of parents and school personnel, all with varied experiences; panelist parents have “ been through the trenches” and will share strategies on getting things done; panelist education professionals will provide insight into schools’ perspectives and suggestions on how best to work with a school; IEP teams are encouraged to attend together and learn how to create a championship IEP team; for more information, click HERE or e- mail UCP- Pittsburgh
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Job Fair for Personal Care Attendants; March 28, 2007; Red Lion Senior Center, 20 Gotham Place, Red Lion, PA; sponsored by UCP- South Central Pennsylvania; UCP is currently hiring Personal Care Attendants to work with adults with physical disabilities in their own homes throughout York County; full- and part- time hours available, weekends especially needed; if interested but unable attend the job fair, call UCP York office at ( 717) 751- 2758, ext. 28
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Building Bridges~ Linking Lives; March 29- 30, 2007; Conference Center at the Maritime Center, Linthicum Heights, MD; annual conference of the Brain Injury Association of Maryland; for more information, visit the Brain Injury Association of Maryland
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UCP- Philadelphia 20th Anniversary All Star Labor Basketball Classic; 12: 30 pm, April 1, 2007; St. Joseph’s University Fieldhouse, 54th & City Avenue, Philadelphia; see the best of senior high school basketball players ( boys and girls) face off in two “ city vs. suburbs” basketball games; includes an exhibition game between members of the media and organized labor, area cheerleader and dance team performances, prize give- aways and more; in addition to benefitting children and adults with disabilities in the Greater Philadelphia area, the Labor Classic awards student athletes scholarships; tickets are free for students and $ 5 for adults; for more information contact the Development Department at 215- 242- 4200, ext. 289
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Objects Revisited - April 4 to May 4, 2007; UCP Pittsburgh’s Centre Art Gallery; UCP presents artwork by Patrick Schmidt in Objects Revisited; Patrick’s artwork features use of pattern, bold colors, and use of layering, and should bring to life the Centre Art Gallery; the ADA News No. 157 March 21, 2007
public is invited to stop by and visit UCP during this show; an opening reception will be held on April 4th from 6 to 8 pm.
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Disability Law Institute: Employment; April 10- 11, 2007; Morgantown, WV; the West Virginia Disability Rights Center ( WV- DRC) will present this training, with a track for attorneys, a track for employers, and a track for people with disabilities, their families, and advocates; session topics include Legal Ethics, Handling ADA Employment Cases, and Workers with Disabilities; for more information, contact Vicki Smith at 304- 685- 1730
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No Limits. Just Life. A webcast on the future for people with disabilities; 11: 00 am - 12: 30 pm, April 12, 2007; Webcast; panelists Bob Johansen, PhD, Distinguished Fellow, Institute for the Future, Stephen Bennett, President/ CEO, United Cerebral Palsy and Tom O’Donnell, Board Chair, United Cerebral Palsy; webcast will highlight the waves of change that will shape the lives of people with disabilities over the next decade and how these same people will use their abilities to explore the emerging edges of what it means to be human; there is a fee of $ 75. per site for this webcast; registration and information HERE
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3rd Annual “ Ask the Experts” Conference; April 18, 2007; Video Conferencing Sites: Roanoke, Grundy, Norfolk and Arlington, VA; conference will feature presenters from the U. S. Department of Justice, the Equal Employment Opportunity Commission, the Access Board and the DBTAC - Mid- Atlantic ADA Center; for more information, contact Kelly Gonzalez
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UCP Benefit Yard Sale in Hanover; April 20, 2007; Hanover, PA; UCP of South Central PA will be holding a Yard Sale of “ nearly new” children’s items at the UCP office in Hanover; all proceeds from the Yard Sale will benefit Child Development Groups in Hanover
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UCP Cares: The Dentist - A Friend to All; 5: 00 PM - 9: 00 PM, April 25, 2007; UCP- Pittsburgh, 4638 Centre Avenue, Pittsburgh, PA; what are the biggest concerns that parents of children with disabilities face when it comes to their children’s dental needs? Recent research conducted by UCP Pittsburgh shows that parents face many commonalities on this important topic; this workshop will discuss these commonalities and provide strategies for parents and professionals to use in increasing a child’s comfort level in receiving oral healthcare to create a more positive experience for everyone; for information, e- mail UCP- Pittsburgh
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UCP 5K Corporate Run/ Walk; 6: 15 pm, April 26, 2007; Philadelphia Art Museum, 2600 Benjamin Franklin Parkway, Philadelphia; over 1,200 participants and spectators are expected; while traditionally a team competition, this year for the first time individual registration will also be accepted; runners and walkers of all ages and abilities are encouraged to participate and prizes will be awarded in individual and team categories; lots of fun and food on the plaza; for more information, contact the Development Department at 215- 242- 4200, ext. 289
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Special Education Law and Advocacy; May 9, 2007; Rustic Lodge, Indiana, PA; presentation will feature guest speakers Peter Wright, Esq. and Pamela Darr Wright; one- day special education law and advocacy programs focus on special education law, rights and responsibilities, tests and measurements to measure progress and regression, SMART IEPs, and an introduction to tactics and strategies for effective advocacy; visit the Arc of Indiana County for more details ADA News No. 157 March 21, 2007
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Highmark Walk for A Healthy Community; 9: 00 AM, May 19, 2007; Walk for A Healthy Community, presented by Highmark Blue Cross Blue Shield, is an annual fundraiser that benefits local health and human service agencies in Western Pennsylvania; Highmark underwrites the cost of the walk so that 100 percent of the money raised by walkers goes to UCP/ CLASS; for more info, e- mail UCP- Pittsburgh
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Workforce Discovery: Diversity and Disability in the Workplace; 9: 30 AM- 4: 30 PM, May 30- 31, 2007; Harrisburg, PA; train- the- trainer event will be presented by the DBTAC/ Mid- Atlantic ADA Center; registration materials available soon; see January ADA News for more details; click HERE for advance workshop registration
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UCP Cares: Read Between the Lines; 5: 00- 9: 00 PM, May 30, 2007; sponsored by UCP- Pittsburgh; literacy does not only have to do with the ability to read and understand, it also relates to the ability to listen and enjoy; workshop will focus on nurturing a love of reading in children with disabilities and non- traditional strategies that parents and professionals can use to create valuable reading experiences, no matter if a child can read; for information, email UCP- Pittsburgh
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Evening of Treasure; 7: 00 PM, June 3, 2007; Scranton, PA; UCP of Northeastern Pennsylvania’s annual treasure hunt fund raiser will be held at Boscov’s in the Mall at Steamtown
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UBS Motor Cars Under the Stars; 6: 00 pm, June 6, 2007; grounds of the Ardrossan Estate, Philadelphia, PA; a memorable evening of classic automobiles, delicious food and drink to benefit UCP- Philadelphia; classic cars of the past 100 years will be on display at the prestigious Main Line mansion; stroll the expansive to behold classic automobiles from Jaguar, Land Rover and exclusive private collections; take a tour of this elegant mansion rich in history, artwork and architectural details; individual tickets cost $ 250; for more information, to purchase tickets or find out more about additional sponsorship opportunities please contact Willa Kravitz at 215- 248- 7609; see 2006 UBS Motor Cars Under the Stars photos HERE
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National Conference on Community Preparedness; June 10- 13, 2007; Hilton Alexandria Mark Center, Alexandria, Virginia; conference hosted by International Association of Emergency Managers ( IAEM) and National Emergency Management Association ( NEMA); conference open to all interested in making communities safer, stronger, and better prepared for all types of hazards; for more information see the Conference website
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Raising the Bar 2007; June 11- 13, 2007; Turf Valley Inn and Conference Center, Ellicott City, MD; theme of workforce development conference is “ Evolution= Opportunity: Where are YOU in this Equation?”; for more information, call 410- 544- 6710 or e- mail
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UCP- Philadelphia Benefit Golf Tournament; June 25, 2007; North Hills Country Club, North Hills, PA; for more information contact the Development Department at 215- 242- 4200, ext. 289
ADA News No. 157 March 21, 2007
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25 Years: Celebrating Accomplishments and Forging New Leaders: National Council on Independent Living ( NCIL) National Conference; July 9– 12, 2007; Grand Hyatt Washington Hotel, Washington, DC; sponsored by NCIL; for more information go to the conference website
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Outback Steakhouse UCP- Philadelphia Charity Golf Classic; July 10, 2007; RiverCrest Golf Club & Preserve, Oaks, PA; for more information contact the Development Department at 215- 242- 4200, ext. 289
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UCP/ SchmidtKramer Golf Tournament; 11: 00 AM, August 6, 2007; for information, contact Lynda Bowen at 1- 800- 998- 4UCP
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Eat A Peach Challenge Bike Ride; August 11,2007; Carroll County Agricultural Center, Westminster, MD; sponsored by the Brain Injury Association of Maryland; for more information, contact the BIAM office at ( 410) 448- 2924
AROUND THE WORLD - Identity crisis ( by Peter Beresford, The Guardian, 11/ 29/ 06) According to some activists, the disability movement is focusing on all the wrong issues and has lost its way. So where next? Excitement at the emergence of the women’s, black people’s, gay, lesbian and bisexual movements has within a generation given way to talk of post- feminism, the “ equalities industry” and preoccupation with the pink pound. Now similar concerns are being expressed about the disability movement and people are asking: “ Where did it go wrong?” Read the author’s answer HERE.
STUDENT FUNDRAISER IN NATIONAL COMPETITION ( from UCP of PA) - Two students from the Center for Arts & Technology – Brandywine Campus who organized and carried out a very successful fund raising project that benefitted UCP of PA won third place in a state competition and will compete at the National DECA event in April. The Project Coordinators, Ralph Showalter and Will Supplee, both of Octorara, planned three events that resulted in a donation of over $ 7,000. The project was organized through DECA – An Association of Marketing Students, who presented a check to Joan W. Martin, Executive Director of United Cerebral Palsy of Pennsylvania on January 24th at their campus in Coatesville [ Pa.]. DECA gives students the opportunity to compete in business related events, learn leadership skills, and coordinate community service projects. The students’ project was awarded third place in February at the State Conference in Hershey, PA. The students will compete in Orlando, Florida in April. UCP of PA wishes them success in their competition. The team of Ralph Showalter and Will Supplee organized and marketed three events that got great response from the students and the community. The events included selling “ cat paws,” which refer to the school’s acronym – CAT, in a student competition; offering a car wash and detailing service, and holding a student fun day called Mid- Year Bash.
UCP OF PA RELOCATES - United Cerebral Palsy of Pennsylvania has relocated its office to a new location in Harrisburg near the Capitol. The new address is 908 North Second Street, Harrisburg, PA, 17102. UCP phone numbers have changed to ( 717) 441- 6049, and fax ( 717) 236- 2046. There is no change to the organization’s toll free number, website or e- mail addresses.
ADA News No. 157 March 21, 2007
RESOURCES - Some disability/ employment- related resource material recently added to the catalogue. Publications from the Equal Employment Opportunity Commission ( EEOC) can be ordered at http:// www. eeoc. gov/ publications. html, or by calling 1- 800- 514- 0301( V) or 1- 800- 514- 0383( TTY).
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The February edition of OVeRVIEW, the monthly magazine of the Pennsylvania Department of Labor and Industry, Office of Vocational Rehabilitation ( OVR), features an article about the Commonwealth Technical Institute at the Hiram G. Andrews Center. In addition, a Special edition of OVeRVIEW solicits comments on the draft Federal Fiscal Year 2008 Combined Agency State Plan.
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The February edition of the National Council on Disability Monthly Bulletin is now available online.
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The February 2007 edition of the NCPAD News, the newsletter of the National Center on Physical Activity and Disability ( NCPAD) includes articles about sports, athletics and people with disabilities. The monthly newsletter is available by free subscription and on the web at http:// www. ncpad. org/ newsletter.
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Issue No. 17 ( February 2007) of Disability Rights online News, a monthly update about activities in the area of disability rights of the U. S. Department of Justice, Civil Rights Division, is now available; the issue reports on the United Nations’ recent adoption of the Convention on the Rights of Persons with Disabilities.
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The March 2007 issue of Tapping Technology, a newsletter from the Maryland Department of Disabilities is currently available on the MD TAP website.
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News and Notes is the monthly newsletter of The Family Center on Technology and Disability. The newsletter is devoted to a different topic each month. The February 2007 edition contains striking information about the vital issue of World Wide Web accessibility.
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New Chapters to the ADA Tool Kit - The U. S. Department of Justice has posted two new chapters to compliment the existing ADA Tool Kit for Title II Entities. These represent the third and fourth installments to the Tool Kit originally introduced in December 2006. The two new chapters include information on general effective communication requirements, as well as 911 and emergency communications services ( with corresponding checklists).
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The March 1, 2007 edition of the bi- monthly newsletter of the ADA& IT Information Center for the Mid- Atlantic Region, is now available online with disability- related resources, news, and many other items of interest.
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The latest edition of In Focus, the newsletter of the U. S. Department of Labor, includes up- to- the- minute news about the Department and the Secretary of Labor.
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The IRS Tax Guide For People With Disabilities, IRS Publication 907 ( 2006), provides a brief introduction to certain parts of the tax law of particular interest to persons with disabilities. ADA News No. 157 March 21, 2007
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AAPD on NPR’s Justice Talking blog - The American Association of Persons with Disabilities ( AAPD) will join some of the nation’s leading legal analysts and commentators in regularly weighing in on the issues making headlines in a new online blog and discussion forum called Talking Justice. Listeners and readers are invited to participate in the debate via discussion forums centered around topics aired on Justice Talking programs. For more information see NPR’s Justice Talking. The AAPD will be featured on the 13th day of every month.
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Health & Disability Digest is a quarterly, online publication highlighting the latest news from the National Center on Birth Defects and Developmental Disabilities ( NCBDDD). It includes updates on RTOI projects and fellowships, information and resources on public health and disabilities services, and events for individuals with disabilities, family members, professionals and other stakeholders. The January 2007 edition is now online.
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Workforce Discovery: Diversity and Disability in the Workplace is an in- depth training on disability awareness with the provisions of the ADA integrated throughout each training module. The five modules focus on the following areas: Typecasting: Understanding Disability; Legal Implications: An Overview of the Americans with Disabilities Act; Reasonable Accommodation; Etiquette: Communication and Interaction; and Best Practices for Trainers. This entire program is available as a free download from the ADA & IT Information Center. For more information, contact the ADA& IT at 301- 217- 0124 ( V/ TTY) or via e- mail.
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AUCDigest is a monthly newsletter that highlights the news, initiatives, and events occurring throughout the American University Centers on Disability ( AUCD) Network and the disability community. It also includes news from the AUCD National Office, including a regular message from the president of AUCD, funding opportunities, and employment opportunities. The latest edition is available online.
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New EEOC Publication Addresses Employment of Health Care Workers with Disabilities - The latest EEOC Q& A fact sheet explains how the Americans with Disabilities Act applies to applicants and employees in the health care industry. The new publication, part of a series of Q& A documents about specific disabilities in the workplace and specific industries, is available on the EEOC web site.
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New DOJ Document: Gathering Input from Customers with Disabilities - The U. S. Department of Justice, Civil Rights Division has issued a new Technical Assistance Document aimed at business. This new document is part of the CRD’s Expanding Your Market series. The new document Gathering Input from Customers with Disabilities stresses the importance of gathering information from customers with disabilities regarding their preferences, needs and requirements. Other documents in the Expanding Your Market Series include Customers With Disabilities Mean Business, Accessibility Benefits Older Adult Customers, Accessible Customer Service Practices for Hotel and Lodging Guest with Disabilities, Building a Diverse Customer Base, and Tax Incentives for Business.
ADA News No. 157 March 21, 2007
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The January/ February L& I Newsletter, a periodic report from the Pa. Department of Labor and Industry, features and article about L& I’s new Office for the Deaf & Hard of Hearing ( ODHH) Director Sharon Behun, who has instituted a series of deaf town meetings.
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I’m currently reading Interpreting the Americans with Disabilities Act: A Case Study in Pragmatic Judicial Reconstruction by Michael Selmi, George Washington University Law School. It is a superbly researched and argued article that “ challenges the prevailing academic consensus regarding the Supreme Court's interpretation of the Americans With Disabilities Act … Although the Supreme Court’s interpretations have plainly narrowed the scope of the statute … [ the author suggests] that the decisions are largely consistent with congressional expectations, as well as social norms regarding who ought to be defined as disabled.” Controversial, thought- provoking and highly recommended.
BLIND COMMUNITY LEADERS APPLAUD SAFEWAY’S COMMITMENT ( Business Wire, 10/ 31/ 06) - In a move praised by state and national blind organizations, Safeway today announced that it has begun installing equipment to protect the privacy and security of Safeway shoppers with visual impairments. The new devices plug into existing point of sale payment machines and have tactile keys arranged like a standard telephone keypad. They will allow Safeway shoppers who have difficulty reading information on a touchscreen to privately and independently enter their PIN, telephone number, and other confidential information. Read the rest of the story HERE.
GOVERNOR RENDELL APPOINTS THREE NEW MEMBERS TO PENNSYLVANIA ADVISORY COMMITTEE FOR THE BLIND ( Governor’s Press Office, 3/ 12/ 07) – Governor Edward G. Rendell today announced the appointment of three new members to the Advisory Committee for the Blind, a panel that advises the Office of Vocational Rehabilitation and the Governor on important issues affecting Pennsylvanians who are blind or visually impaired. “ We need to help people who are blind or visually impaired so they can support themselves and fulfill their dreams of living independently,” Governor Rendell said. “ I am confident the combined knowledge and life experiences of these new committee members will continue to advance the independence of blind or visually impaired individuals.” The Governor selected Carlton Anne Cooke Walker of Fulton County, Brenda Loughery of Allegheny County, and Sandra S. Montgomery of Venango County to serve on the nine- person panel. Walker and Loughery fill positions vacated by Robert B. Garrett and Cary Supalo, respectively, and will occupy their predecessors’ terms. Walker’s term expires May 12, 2010; Montgomery and Loughery’s terms expire May 12, 2012. For more information on services for people with disabilities, visit www. state. pa. us, PA Keyword: Disability Services.
ARLINGTON OFFICIALS SCRAMBLE TO MAKE ICE CENTER FULLY ACCESSIBLE ( by Sarah Karush, AP) - When Arlington County [ Virginia] officials unveiled a new ice complex to serve as the Washington Capitals' practice facility, they emphasized it would also be a community resource serving diverse groups, particularly the disabled. So Rosemary Ciotti, who lives nearby and uses a wheelchair, was particularly dismayed when she visited the new facility shortly after it opened in November and discovered there was no room in the bleachers for her to watch the action on the ice. Despite its $ 42.8 million price tag, the Kettler Capitals Iceplex is not compliant with the Americans with Disabilities Act. “ It makes you want to bang your head against the wall,” said Ciotti. Read the rest of the story HERE.
COMING UP NEXT MONTH - April is National Alcohol Awareness Month, National Cancer Control Month, National STDs/ Family Planning Awareness Month, National Autism Awareness Month, Candlelight Vigil for Eating Disorders Awareness Month, Cesarean Awareness Month, Child Abuse Prevention Month, Counseling Awareness Month, National Donate Life Month, National Facial Protection Month, National Health Information Privacy & Security Week, Humor Month, IBS ( Irritable Bowel Syndrome) Awareness Month, National Occupational Therapy Month, Sexual Assault Awareness Month, Women’s Eye Health and Safety Month, National Youth Sports Safety Month, National Foot Health Awareness Month, National Physical Wellness Month, and Sports Eye Safety Month; April 1- 7 is Healthcare Access Personnel Week and Root Canal Awareness Week, 2- 8 is National Public Health Week and National Work Zone Awareness Week, 8- 14 is Patient Advocacy Week, 8- 14 is National Health Information Privacy & Security Week, 15- 21 is National Minority Cancer Awareness Week, National Personal Training Week and National Library Week, National Electroneurodiagnostic Week, and National Volunteer Week, 22- 28 is Infants Immunization Week, TV Turnoff Week, National Crime Victims’ Rights Week and Health Care Volunteer Week, 23- 29 is Cover the Uninsured Week, 24- 30 is Medical Fitness Week and National Medical Laboratory Professionals Week, and April 28 to May 6 is National SAFE KIDS Week; April 1st is Lupus Alert Day, the 2nd is International Children’s Book Day, the 5th is A Day To End Sexual Violence, 6- 8 is Alcohol Free Weekend, the 7th is World Health Day and YMCA Healthy Kids Day, the 10th is Radiology Nurses Day, the 12th is National Alcohol Screening Day, the 22nd is Earth Day, the 28th is World Tai Chi & Qigong Day, and 28- 29 is the March of Dimes WalkAmerica.
ADA News No. 157 March 21, 2007
ADA News No. 158 April 27, 2007
ADA News
Disabilities Law, News & Perspective
Patrick H. Bair - Editor
Number 158April 2007
Items regarding disabilities, disabilities law and the Americans with Disabilities Act which may be of interest to you. Please share this information with colleagues, supervisors and subordinates. This is a free publication available in electronic and printed format to anyone who is interested. Subscription requests, comments, contributions or questions, including requests for accommodations needed to receive or apprehend this publication, should be addressed to Patrick H. Bair, Editor. The views and opinions expressed herein are solely those of the editor, except where noted, and do not represent the views of the Office of Chief Counsel or the Department of Environmental Protection. Current and recent issues can be found online at the DEP OCC Homepage. All past issues of this publication are archived on the DEP internal website.
COURT EXAMINES LAW REGARDING THE APPLICABILITY OF ADA TO ARRESTS - Are police officers required to reasonably accommodate a person with a mental disability in the course of an arrest? That’s a question that will be decided by the U. S. District Court for the Eastern District of Pennsylvania in a case of first impression involving the unfortunate death in 2004 of a Philadelphia man suffering from chronic paranoid schizophrenia. In February of that year, the man began acting inappropriately, barricading himself inside his apartment, shouting and throwing objects from his windows. His case worker concluded that the man required psychiatric hospitalization, and requested police assistance in enforcing a civil commitment order. Despite the presence of two of the man’s case managers, police took over attempts to convince the man to submit. Despite evidence that the man presented no threat to himself or others, a police SWAT team stormed the apartment. The man, brandishing a knife, cut an approaching officer. After unsuccessfully trying to subdue the man with a TASER and physically trying to wrestle the knife away from him, a police lieutenant shot the man in the head, killing him. The representative of the man’s estate brought an action against the City of Philadelphia, asserting claims on constitutional and non- constitutional bases, including violation of the Rehabilitation Act and Title II of the ADA. Neither party contested that the man was a “ person with a disability,” nor that the Philadelphia Police Department was a “ public entity.” This left the only question remaining for the court in responding to the city’s summary judgment motion, “ whether Plaintiff was ‘ denied the benefits of some public entity’s services, programs, or activities’ and, if so, whether the denial was by reason of Decedent’s disability.” The court discussed two “ theoretical bases” for applying the ADA to arrests: the “ wrongful arrest” theory, “ under which the police wrongly arrest an individual with a disability because the police misperceived the effects of his or her disability as criminal activity;” and the “‘ reasonable accommodation’ theory under which the police properly investigate and arrest a person with a disability for a crime unrelated to that disability, but fail to reasonably accommodate the disabled person’s disability in the course of investigation or arrest, ‘ causing the person to suffer greater injury or indignity in that process than other arrestees.’” In ADA News No. 158 April 27, 2007
denying summary judgment, the court found neither theory applicable, and created a hybrid theory. An interesting read. Morais v. City of Philadelphia, USDCt. EDPa., Civil Action No. 06- 582, 3/ 19/ 07.
DISABILITIES WEBSITE OF THE MONTH - The IncludingAllKids. org website launched by Easter Seals as part of the “ Beyond Participation project” sponsored by the Mitsubishi Electric America Foundation, was created to assist youth organizations in actively engaging young people of all abilities. The project's goal is to increase inclusion of young people with disabilities in community youth organizations. All aspects of this project include an emphasis on inclusive practices throughout each organization, not just in a proposed program area, and young persons’ with disabilities direct participation in the planning and implementation of the project. Several examples of excellent practice in inclusion were taken from Boys and Girls Clubs of America, the National 4- H Council, National Wildlife Federation and Wilderness Inquiry, all collaborators with Easter Seals on inclusion projects. The website includes many resources for those organizations interested in opening doors for all persons regardless of ability. “ We ( young people) can only grow as much as there is room to grow. The space to grow is key.” - Shayla, program participant.
AREA CALENDAR -
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Weights; April 18- 29, 2007; Amaryllis Theatre, Philadelphia, PA; full version of stage play Weights by Lynn Manning has not been performed since the 2003 International Theatre Festival Of The Blind And Visually Impaired in Zagreb, Croatia; contact Amaryllis Theatre at 215- 717- 2173 ext. 92 or visit the theater website for information
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Abilities Expo, New York Metro; April 27- 29, 2007; New Jersey Convention and Expo Center, Edison, NJ; Abilities Expo provides information on independent and assisted living products for persons with disabilities; April 28th is Kids’ Day with dancing, clowns, games and more; for more information, visit the Expo website
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Access to ADAAG: Advanced Training; May 1- 3, 2007; Best Western Hotel, Williamsport, Pennsylvania; only a few days left to register; program will be presented by Mark Derry of Eastlake, Derry and Associates; program is for those who have attended the basic level training or who have a good knowledge of the ADAAG and are ready for a more advanced course; for more information, open the flyer/ registration form in Word format or the flyer/ registration form in plain text
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Job Accommodation Network Web Training: Employing and Accommodating Individuals with Psychiatric Impairments; May 8, 2007; Webcast; Kimberly Bisset, Boston University Center for Psychiatric Rehabilitation, and Kendra Duckworth, JAN consultant offer a variety of accommodation solutions and practical tips for the successful employment of people with psychiatric impairments; presenters will provide examples of real- life accommodation situations with win- win outcomes; for further information see the JAN website
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Imagine .... Everybody Works; 7: 00 AM to 4: 30 PM, May 10- 11, 2007; Hyatt on Capitol Square, Columbus, OH; conference dedicated to employment of people on the autism ADA News No. 158 April 27, 2007
spectrum; presented by the Autism Society of America and APSE: The Network on Employment; for more information, see the Conference website
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The Mini- Course on Disabilities: Autism and the Myth of the Person Alone; 9: 30am ET, May 15, 2007; Temple University Harrisburg, Harrisburg, PA; seminar will explore the contradictions as well as similarities between autobiographical accounts of autism and the professional literature; film, Autism is a World will be shown as an integral part of this seminar; more info HERE
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Industry Innovators Leading the Way; 2pm- 3pm EST, May 17, 2007; Webinar; attendees will be informed of the business benefits of operating with an inclusive environment, steps toward becoming more inclusive and using in- house processes to achieve objectives; for more information see the Conference website
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National Foster Parent Association 37th Annual Education Conference; May 23- 27, 2007; Omni Shoreham Hotel, Washington, DC; conference designed to provide high quality training for beginning and experienced foster parents, social workers, supervisors, administrators and professionals in related disciplines; conference offers an opportunity for networking among foster parents and professionals across the nation; more info at conference website
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Association for Psychological Science 19th Annual Convention; May 24- 27, 2007; Hilton Washington, Washington, DC; thousands of psychological researchers converge in the Capital City for presentations by award- winning scientists and leaders across all areas of psychology; more info HERE
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21st Annual Harrisburg Senators Sports Memorabilia Auction; 10: 00 AM - 2: 30 PM, June 2, 2007; Harrisburg City Island’s Carousel Pavilion ( display at Strawberry Square, Harrisburg, begins May 7th); a day of fun for everyone, come out to and place your bid to support UCP Central Pennsylvania; with 150+ live items, and 200+ silent items, there is something for everyone; admission is free, registration and item preview begins 8: 45AM, and refreshments are available
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National Association of Drug Court Professionals 13th Annual Conference; June 13- 16, 2007; WardmanPark Marriott Hotel, Washington, DC; largest conference in the nation focusing on substance abuse and criminality, principal objectives are to receive training from peers and experts alike on current practices and trends in the treatment of addiction, to connect with policy makers on the direction of funding and relevant legislation, to network with fellow practitioners and to interface with providers of products and services developed to meet the needs of the field; information at conference website
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Looking Back, Moving Forward: Voices from 20 Years of Homeless Health Care: 2007 National Health Care for the Homeless Conference; June 13- 16, 2007; Hyatt Regency Hotel, Washington, DC; intent is to support and inspire work facing the challenging and complex issues posed by homelessness today; experts from around the country will ADA News No. 158 April 27, 2007
present up- to- date information, innovative approaches, and challenging ideas on a wide range of topics; information at conference website
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Building Hope for the Future: SPAN USA’s 12th Annual National Suicide Prevention Awareness and Training; July 18- 21, 2007; Doubletree Hotel, Washington, DC; survivors, “ grassroots” suicide prevention advocates, clinicians, community leaders, and researchers remember those lost to suicide, receive training on suicide prevention and advocacy topics, and visit members of Congress to educate them about suicide and suicide prevention; more information at conference website
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Employment and Planning for the Second Half of Life: Pittsburgh Employment Conference for Augmented Communicators; August 3- 5, 2007; Sheraton Station Square, Pittsburgh, PA; Pittsburgh Employment Conference, considered by some to be the most significant event in the field of AAC, is the largest gathering of people who use AAC in the world; dedicated to the one million plus unemployed Americans who are unable to communicate using their own speech or traditional signing due to cerebral palsy, autism, brain injury, ALS or stroke; see conference website for more information
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Greater Newark Black Disabled Arts Festival; August 10- 11, 2007; The Paul Robeson Cultural Center, Newark, NJ; the Festival will be a wonderful opportunity for both established and emerging artists to exhibit their work; contact 973- 763- 6308 for more information, e- mail ArtsFest2007@ NMDC. us, or go HERE
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National Prevention and Health Promotion Summit: Creating a Culture of Wellness; November 27- 29, 2007; Hyatt Regency Capitol Hill, Washington DC; hosted by the U. S. Department of Health and Human Services’ Office of Disease Prevention and Health Promotion and the Centers for Disease Control and Prevention ( CDC), event will bring together health professionals, business entrepreneurs, and government leaders at all levels who are dedicated to health promotion, chronic disease prevention, health preparedness, birth defects, disabilities, genomics, and wellness; a great opportunity to showcase new approaches to prevention and health promotion - including innovations that promote regular physical activity, eating a healthful diet, taking advantage of medical screenings, and making healthy choices to avoid risky behaviors; for updates on the meeting, visit the conference website
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2007 Capital City Mall Gift Wrap Event; December 1- 24, 2007; Capital City Mall, Camp Hill, PA; donate a few hours of your time and talent at the UCP Gift Wrap booth at the Capital City Mall; benefits children, youth, and adults, with disabilities in Central Pennsylvania; for information about volunteering for UCP’s Gift Wrap Booth this season, please contact Lynda Bowen at 1- 800- 998- 4UCP
PA. APARTMENT COMPLEX SUED FOR REFUSING TO RENT TO PERSON WITH A SERVICE ANIMAL - On February 1, 2007, the Justice Department filed a lawsuit against the rental manager and owners of Barrcrest Manor Apartments, an apartment complex in Lancaster, Pennsylvania. According to the complaint, which was filed in federal court in Philadelphia, the defendants refused to rent an apartment to a visually impaired individual who uses a guide dog, in violation of the Fair ADA News No. 158 April 27, 2007
Housing Act. “ The services of guide dogs are essential to individuals with visual impairments,” said Wan J. Kim, Assistant Attorney General for the Civil Rights Division. “ Our fair housing testing program will continue to proactively root out violations of the Fair Housing Act and ensure non- discriminatory treatment.” The Department of Justice conducted its investigation through the use of fair- housing testers, individuals who pose as renters for purposes of gathering information about possible discriminatory practices in the rental of apartments. The complaint seeks damages to compensate individuals injured by the defendants’ conduct, and seeks to ensure that the defendants discontinue their discriminatory practices.
AROUND THE WORLD - Dutch View: What Impact Will the UN Disability Rights Convention Have? ( by Wim Verhallen, 11/ 15/ 06, Disability World) Lydia la Rivière- Zijdel, chair of the DCDD board, returned from New York in an optimistic mood. In August, as a lobbyist on behalf of DCDD and other NGOs, she attended the UN- negotiations on the Convention for the Rights of Persons with Disabilities. At that point the UN Ad Hoc Committee had worked on this Convention for six years and reached agreement on the entire text; it is anticipated that the Convention will be adopted during the 2007 General Assembly. This is a magnificent victory for all the diverse disabled people organizations and the NGOs who put such an enormous effort into achieving this goal. But what does a UN Convention really mean for disabled people? Wim Verhallen asked Lydia la Rivière- Zijdel to explain the main points. Q: Will this Convention be a powerful instrument in urging governments to move towards adopting a better policy? A: Yes, as soon as the General Assembly has adopted the draft Convention, each state which signs is obliged to implement the convention in its own legislation. Read the rest of the interview HERE.
SENATORS INTRODUCE AUTISM ACT - Senators Clinton ( D- NY) and Allard ( R- CO) have recently introduced the “ Expanding the Promise to Individuals with Autism Act” ( S. 937). This bipartisan bill addresses the needs of individuals with autism spectrum disorder and their families for effective treatments, interventions, services, and supports. The bill also builds upon the efforts of UCEDDs by expanding their capacity to focus on interdisciplinary training of professionals and providers in the area of autism, provide technical assistance, and disseminate information on effective community- based treatment, interventions, and services.
TENNESSEE RESTAURANT AGREES TO ALLOW SERVICE ANIMALS - On December 20, 2006, the Justice Department entered into a settlement agreement with Shoney’s, LLC, in Columbia, Tennessee, resolving a complaint alleging that a customer was told to leave the restaurant because she was accompanied by a service animal. The settlement agreement requires Shoney’s to revise its service animal policy and post a sign stating that service animals are welcome in the restaurant. The complainants had previously settled their separate suit filed in federal court and received damages of $ 1,000 plus attorneys fees of $ 5,518.16.
JEANETTE, PA. RESTAURANT SETTLES ACCESSIBILITY CLAIM - DeNunzio’s Restaurant in Jeannette, Pennsylvania has entered into a settlement with the Justice Department of a lawsuit ( reported in ADA News No. 139, September 2005) charging the noted Pittsburgh restaurant with violations of ADA accessibility standards. The settlement agreement requires DeNunzio’s to install an accessibility ramp, make alterations to rest rooms, create an accessible parking space, and other changes to bring the restaurant into compliance. USA v. DeNunzio’s Restaurant, USDCt WDPa. No. 2: 05- cv- 932, 8/ 23/ 06. ADA News No. 158 April 27, 2007
POLLS STILL OFF- LIMITS TO DISABLED ( by Ruth Padawer, 4/ 13/ 07, North Jersey Media Group) - Two in five polling sites in New Jersey were inaccessible to disabled voters over the past three years, a violation of state and federal law, according to a scathing report by the state Department of the Public Advocate to be released Monday. The draft report, obtained by The Record, follows an investigation that state officials believe is the most sweeping government initiative of its kind in the nation. It involved more than 1,700 inspections through seven major elections, and ultimately blames county officials and the state Attorney General's Office for allowing such inequality to persist. Voting inaccessibility continues to plague the states, including Pennsylvania. Read more HERE.
ADAMS COUNTY MENTORING PROGRAM - Share What You Know. Become A Mentor. It doesn’t take special skills to mentor a young person — just a willingness to listen, offer encouragement, and share what you’ve learned about life. The mentoring programs in Adams County need more volunteers. Click HERE for more information.
RESOURCES - Some disability/ employment- related resource material recently added to the catalogue. Publications from the Equal Employment Opportunity Commission ( EEOC) can be ordered at http:// www. eeoc. gov/ publications. html, or by calling 1- 800- 514- 0301( V) or 1- 800- 514- 0383( TTY).
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The March edition of OVeRVIEW, the monthly magazine of the Pennsylvania Department of Labor and Industry, Office of Vocational Rehabilitation ( OVR), features an article about OVR’s expanded use of video conferencing.
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The March edition of the National Council on Disability Monthly Bulletin is now available online.
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The March edition of the NCPAD News, the newsletter of the National Center on Physical Activity and Disability ( NCPAD) includes articles about sports, athletics and people with disabilities. The monthly newsletter is available by free subscription, and on the web at http:// www. ncpad. org/ newsletter.
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The JAN E- News is a quarterly online newsletter of the Job Accommodation Network. Its purpose is to keep subscribers informed about low- cost and innovative accommodation approaches, the latest trends in assistive technologies, announcements of upcoming JAN presentations, media events, training, and Webcasts, and legislative and policy updates promoting the employment success of people with disabilities.
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News and Notes is the monthly newsletter of The Family Center on Technology and Disability. The newsletter is devoted to a different topic each month. The March 2007 edition contains information about Assistive Technology and Early Childhood Education. A wonderful list of resources on disability and children is at the end of the issue.
ADA News No. 158 April 27, 2007
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The April 15, 2007 edition of the bi- monthly newsletter of the ADA& IT Information Center for the Mid- Atlantic Region, is now available online with disability- related resources, news, and many other items of interest.
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The latest edition of In Focus, the newsletter of the U. S. Department of Labor, includes up- to- the- minute news about the Department and the Secretary of Labor.
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Issue No. 18 ( April 2007) of Disability Rights online News, a monthly update about activities in the area of disability rights of the U. S. Department of Justice, Civil Rights Division, is now available; the issue reports on the United Nations’ recent adoption of the Convention on the Rights of Persons with Disabilities.
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Health & Disability Digest is a quarterly, online publication highlighting the latest news from the National Center on Birth Defects and Developmental Disabilities ( NCBDDD). It includes updates on RTOI projects and fellowships, information and resources on public health and disabilities services, and events for individuals with disabilities, family members, professionals and other stakeholders. The April 2007 edition is now online.
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AUCDigest is a monthly newsletter that highlights the news, initiatives, and events occurring throughout the American University Centers on Disability ( AUCD) Network and the disability community. It also includes news from the AUCD National Office, including a regular message from the president of AUCD, funding opportunities, and employment opportunities. The latest edition is available online.
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New Online Training Course on Play Area Guidelines Now Available from the U. S. Access Board. The interactive program explains how to apply and follow the guidelines for proper access. It covers the scope and application of the guidelines, including the number of play components required to be accessible, and technical provisions for accessible play equipment, surfacing in play areas, ramp and transfer system access to elevated structures, and access to soft contained play structures. The course covers all sections of the guidelines, which are one of the first of their kind in providing detailed criteria for accessible play areas. In addition, multiple choice exams are provided for each segment of the program. Interested? Begin the course HERE.
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Walk Your Way to Fitness: Walk, Workout, Be Active for People with Intellectual Disabilities, developed by IRIS Media Inc., Marty Sheehan, Ph. D. and Laura Backen Jones, Ph. D., “ Walk Your Way to Fitness” is an excellent video program for individuals with intellectual disabilities beginning a fitness program. The 3- disc DVD set includes 9 lessons designed to instruct participants on fitness and motivational topics. Topics covered are: how to use a pedometer, setting and meeting walking goals, tips for developing an active lifestyle, advice on getting around barriers to exercise, and methods for maintaining a positive attitude towards fitness. Enthusiastic fitness coaches teach a combination of cardiovascular, strength, and flexibility exercises where both beginning and intermediate exercisers can follow along. At the end of each lesson, a fun cartoon discusses their fitness goals and encourages progress. In addition to the lessons, and exercise workouts a third ADA News No. 158 April 27, 2007
disc includes 80 printable activity pages allowing participants to assemble their own personalized activity book. Check it out HERE.
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Enforcing the ADA: A Status Report from the Department of Justice covers the ADA activities of the Department of Justice during 2006. This report, previous status reports, and a wide range of other ADA information, including the consent decrees and formal settlement agreements mentioned in this report, are available through the Department’s ADA Home Page.
GOVERNOR RENDELL ANNOUNCES FIRST PUBLIC VIDEOPHONE IN SOUTH CENTRAL PENNSYLVANIA ( from the Office of the Governor) - Free Service Benefits Pennsylvanians Who Are Deaf Or Hard Of Hearing. Governor Edward G. Rendell today announced the availability of the first public videophone in South Central Pennsylvania to expand access for people who are deaf or hard of hearing. The free videophone service allows callers to directly communicate through sign language, or through an operator who interprets sign language for a hearing caller. “ Pennsylvanians whose first language is American Sign Language can use this videophone to communicate in the way that is most familiar and clear to them,” Governor Rendell said. “ Friends and families can converse more personally and professionals can conduct business more efficiently.” The Department of Labor & Industry’s Office for the Deaf & Hard of Hearing partnered with the Center for Independent Living of Central PA ( CILCP) to secure the videophone donated by Sorenson Communications. “ This videophone is a great example of advocacy in action,” Governor Rendell said. “ I applaud the Office for the Deaf & Hard of Hearing for its initiative in embracing my vision to improve Pennsylvanians’ quality of life.” The videophone is located at the CILCP office, 207 House Ave., Suite 107 in Camp Hill, Cumberland County.
ROLL INTO SPRING GARDENING! - The Lawn Care Assisting Device ( LCAD) is a specialized device designed to make gardening more enjoyable and productive for individuals who use wheelchairs. The LCAD was developed within the context of a senior capstone biomedical engineering design course, Devices for Persons with Disabilities, at Duke University’s Pratt School of Engineering. Students chose projects based on problems presented by people in the community and designed and constructed a non- commercially available device to fit a particular need presented by the chosen client. For the full report on the Lawn Care Assisting Device, click HERE.
OR GOLF! - UPRIGHT Golf’s new “ Reef Shark” adaptive golf clubs are built specifically for golfers with physical disabilities who play and/ or practice from a seated position. They are made from top quality components and custom built by highly skilled professional club makers to meet individual needs of golfers. The ADAptive Golf Stick is a golf teeing device that allows golfers with physical disabilities to tee their ball up from a seated position. It also includes an UPRIGHT Claw that is securely inserted in the end of the grip to allow golfers to retrieve the ball from the cup. The UPRIGHT TeeMat eliminates the need and time required to insert a tee into compacted soils or hard surfaces at driving ranges, as the over- sized rubber tees make it easy to tee up the ball. The TeeMat is heavy enough to stay in place should the golfer make contact with it. It is made from a durable rubber that will not cause damage to a club if struck and is weather resistant. For more information, visit Upright Golf.
DANCING WITH THE STARS, WITH A DISABILITY - Heather Mills, perhaps best known for her marriage and recent divorce from Paul McCartney, won fans around the country as the first person ADA News No. 158 April 27, 2007
with a disability to compete on “ Dancing with the Stars,” a television reality show on the ABC network. Mills lost the lower part of her left leg in a traffic accident fourteen years ago. Despite some doubt as to her ability to perform the show’s complicated and highly physical choreography while wearing a prosthetic leg, Heather emerged as a front runner in the competition. Mills demonstrated to the world the abilities of those with disabilities, and has said she hopes to inspire young people who have lost limbs. She was voted off the show this week, unfortunately.
DISABILITY IN THE U. S. MEDIA – NOTES ON 2006 ( Barbara Duncan for DisabilityWorld) - This year was not an exceptional one for disability on American film: nothing as good as Station Agent, or Ray, but then again, nothing as bleak and depressing as Million Dollar Baby. Maybe the most revealing concerning societal attitudes towards disability was the dinner scene in Borat, where Sacha Baron Cohen is putting on his country- boob- just- arrived- from- Kazakhstan act for a group of wealthy Southerners. As he is introduced around the table, one gentleman is described as “ retired,” which Cohen/ Borat pretends to mishear as “ retarded.” The discomfort among the group is palpable, as they strain to correct this impression without really saying much of anything. In this sort- of documentary film, Borat’s whole shtick is saying something derogatory about ethnic or religious or other groups ( feminists, women) in front of Americans, in the hope that they will agree with him on camera and add something more egregious of their own. Having been assured that the filming is just for broadcast in Kazakhstan, pretty much, they comply. An interesting look back at disability and the state of media in the United States. Read more HERE.
COMING UP NEXT MONTH - As usual, May is a very busy month. In addition to Memorial Day and Cinco de Mayo, the month brings us National Arthritis Month, Asthma and Allergy Awareness Month, National Breathe Easy Month, Better Sleep Month, Clean Air Month, Healthy Vision Month, Hepatitis Awareness Month, National High Blood Pressure Education Month, National Melanoma/ Skin Cancer Detection & Prevention Month, National Mental Health Month, National Osteoporosis Prevention Month, National Stroke Awareness Month, Skin Cancer Awareness Month, Better Hearing & Speech Month, National Bike Month, Correct Posture Month, National Digestive Diseases Awareness Month, Lyme Disease Awareness Month, National Neurofibromatosis Month, Older Americans Month, National Physical Fitness & Sports Medicine Month, Sight Saving Month: National Ultraviolet Awareness and Home Eye Safety Month, National Teen Pregnancy Prevention Month, Tuberous Sclerosis Awareness Month, National Trauma Awareness Month, Huntington’s Disease Awareness Month, National Critical Care Awareness and Recognition Month, National Oncology Nursing Month, Multiple Chemical Sensitivity Awareness Month, National Celiac Disease Awareness Month, Sturge- Weber Awareness Month, National Foster Care Month; April 29- May 5 is Safe Kids Week, May 6- 12 is Brain Tumor Action Week, Cover the Uninsured Week, Drinking Water Week, Suicide Awareness Week, Occupational Safety & Health Week, Multiple Chemical Sensitivity ( MCS) Awareness Week, National Mental Health Counseling Week, National Nurses Week, National Hug Holiday, and Children’s Mental Health Week, 7- 13 is Public Service Recognition Week, 13- 19 is National Women’s Health Week, National Alcohol and Other Drug- Related Birth Defects Week, Food Allergy Awareness Week, Nursing Home Week, National Birth Center Week and National Hospital Week, 14- 20 is National Stuttering Awareness Week, 19- 26 is Tinnitus Awareness Week, 20- 26 is National Emergency Medical Services Week, Schizophrenia Awareness Week, National Running and Fitness Week, Older Americans’ Mental Health Week, National Neuropathy Week, National Nurses Week, and Medical Transcriptionist Week, 21- 25 is Bike to Work Week, 21- 27 is Buckle Up America! Week, 21- 27 is Recreational Water Illness Prevention Week; May 2nd is National Anxiety Disorders Screening Day and National Day to Prevent Teen Pregnancy, the 4th is Childhood Depression Awareness Day, Green Ribbon Day, the 6th is National Nurses Day, High Blood Pressure Sunday and Mother’s Day Comes Early for Too Many of Our Nation's Teens, the 7th is Melanoma Monday- National Melanoma/ Skin Cancer Awareness & Prevention Day, the 8th is World Red Cross Red Crescent Day, the 9th is National School Nurse Day, the 12th is Cornelia de Lange Syndrome Awareness Day and Fibromyalgia Awareness Day, the 13th is International Chronic Fatigue Syndrome ( CFIDS/ ME) Aw