ADA News No. 178 December 15, 2008
ADA News
Disabilities Law, News & Perspective
Patrick H. Bair - Editor
Number 178 December 2008
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.
Recent issues of this newsletter can be found online on the Department website. All past issues of this
publication are archived on the DEP internal website.
CBA FORECLOSES REASSIGNMENT - The question about reassignment as a
reasonable accommodation under the ADA and what effect a collective bargaining
agreement ( CBA) could have on such a reassignment has been around since the early
days of the Act. A recent decision by the U. S. Court of Appeals for the Seventh Circuit
( WI, IL, IN) has confirmed what was predicted even in 1992, that “ employers are not
required to reassign a disabled employee to a position when such a transfer would
violate a legitimate, nondiscriminatory policy of the employer … Nondiscriminatory
hiring and reassignment provisions of a collective bargaining agreement qualify as
such a policy.” The Court was reviewing a lower court’s dismissal of a claim brought
by a bus driver with “ chronic diabetes, headaches, and intermittent, severe dizziness.”
[ The Court did not decide the question whether the driver was a person with a
disability under the law; however, noting that the recent amendments to the Act did
not apply until January 1, 2009, gave a strong hint that she would be under the
amended Act. - Ed.] King v. City of Madison, CA7, No. 08- 2052, 12/ 4/ 08.
NURSE’S APPEAL DENIED - A year ago we reported on a decision of the U. S. District
Court for the Western District of Pennsylvania involving a registered nurse working at
Allegheny Neurology Associates in Pittsburgh who had been the victim of a violent
crime, causing her to develop post- traumatic stress disorder and depression. She
signed a “ Last Chance Agreement” because of related on- the- job alcohol use, and was
terminated when she violated the Agreement. Her lawsuit under the Rehabilitation Act
was dismissed when she failed to show that she was substantially limited in the major
life activity of “ working.” The nurse appealed, but the U. S. Court of Appeals for the
Third Circuit ( PA, NJ, DE, VI) recently affirmed, finding that she had failed to prove she
was a person with a disability. “ As discussed by the District Court,” added Circuit Judge
Fisher, “ even if [ her] employer perceived her to be an alcoholic, her claim cannot
succeed. The Rehabilitation Act excludes from coverage ‘ any individual who is an
ADA News No. 178 - 2- December 15, 2008
alcoholic whose current use of alcohol prevents such individual from performing the
duties of the job in question or whose employment, by reason of such current alcohol
abuse, would constitute a direct threat to property or the safety of others.’” The Court
left undecided the questions whether a Last Chance Agreement relieves an employer
of the “ ongoing duty” to accommodate, and whether the Agreement itself is a per se
violation of the employer’s duty to accommodate. Nicholson v. West Penn Allegheny
Health System, CA3, No. 07- 435, 10/ 21/ 08.
MAY FORMER EMPLOYERS BE SUED UNDER THE ADA? - Do disabled former
employees have standing under Title I of the ADA to bring suit against their former
employers for discrimination with respect to the payment of post- employment fringe
benefits? That is a question that has divided appellate courts, and which the U. S. Court
of Appeals for the Sixth Circuit ( MI, OH, KY, TN) examined this month in a challenge
by three former General Motors employees to provisions of their pension plan. The
Court adopted the view held by the majority of federal courts, that former disabled
employees who are unable to perform the essential functions of their jobs are not
“ qualified individuals,” and do not have standing to sue under Title I of the ADA. The
Court left undecided the question whether disabled former employees who still “ desire”
and are capable of performing in their former employment positions might, in fact,
have standing. [ The U. S. Court of Appeals for the Third Circuit ( PA, NJ, DE, VI) has
taken the minority position among federal courts, that even former employees who are
totally disabled can be considered “ qualified individuals” with standing to bring suit
under Title I. See Ford v. Schering- Plough Corp., 145 F. 3rd 601 ( 3rd Cir. 1998). - Ed.]
McKnight, et al. v. General Motors Corp., CA6, No. 07- 1479, 12/ 4/ 08.
DISABILITIES WEBSITE OF THE MONTH ( from InFocus newsletter) - Job
Accommodation Network - To celebrate the Job Accommodation Network’s 25th
anniversary, the organization has launched an updated website. The new website is
easy to navigate and extremely functional. It has tools such as JAN on Demand and
the Searchable Online Accommodation Resource. Find accommodation examples,
Americans with Disabilities Act ( and ADAAA) resources, online guides, testimonials,
informational articles, and much more.
NATIONAL COUNCIL CELEBRATES ANNIVERSARY - On November 6th, the National
Council on Disability ( NCD) celebrated 30 years of disability policy leadership. The NCD
was established in 1978 as an advisory board within the U. S. Department of Education.
Congress changed that with the 1984 Rehabilitation Act Amendments, transforming
NCD into an independent federal agency with 15 members appointed by the President,
by and with the advice and consent of the United States Senate.
LET’S TAKE THAT AGAIN - This is the first in a new ADA News feature in which we
will reexamine pre- 2009 ADA decisions in light of the changes brought about by the
ADA Amendments Act ( ADAAA), effective January 1, 2009. In the August 2006
newsletter, we reported a case from the U. S. District Court for the Eastern District of
Pennsylvania, Reppert v. Coca- Cola Fountain, et al. The case involved the termination
of a Coca- Cola Production Technician with epilepsy who was fired for disciplinary
reasons. The employee sued claiming illegal discrimination based on a disability,
ADA News No. 178 - 3- December 15, 2008
epilepsy. The court granted the employer’s motion for summary judgment, finding that
the employee’s epilepsy was largely controlled with medication and that it did not
substantially limit any of the employee’s major life activities. “ While epilepsy may be
an impairment,” wrote Judge Tucker, “ Reppert has failed to present evidence to
establish that his epilepsy substantially limits or restricts him from performing any
major life activity.” The ADAAA, however, requires that the term “ substantially” not be
interpreted strictly, providing that the question whether a major life activity is
substantially limited “ should not demand extensive analysis.” ( The EEOC has been
directed to revise its regulation defining what “ substantially limited” will mean under
the new law. See story below.) Further, the new law provides that impairments that
are in remission or episodic, such as epilepsy, should be considered disabilities if they
would substantially limit a major life activity when active. Finally, the ADAAA expands
the meaning of major life activity, and requires that the determination whether an
individual is substantially limited should be made without regard to “ mitigating
measures,” such as medication. Under the amended Act, it is very likely that Reppert
would be found to have a disability, even though he had been performing the essential
functions of his job without accommodations for several years prior to his termination.
Since in an unmedicated state, a seizure caused by his epilepsy would likely limit one
or more major life functions, he would have a substantially limiting impairment despite
the episodic nature or his impairment or his ability to control it with medication.
NO ADAAA REGULATIONS ON HORIZON - Employers will be on their own in
interpreting the new ADAAA come January 1st. On December 11, the EEOC
Commissioners voted down the Commission's proposed regulations and said it is “ at
a stalemate.” Commission chair Naomi C. Earp said she had hoped to issue the
document as an interim final rule, but after strong protests from the disability
community, she decided to issue the rules in a Notice of Proposed Rule Making.
However, when she presented them to the commission, the vote was split 2- 2 down
party lines and failed. Chair Earp and Commissioner Constance Barker argued that the
Commission had a duty to get the rule in place as quickly as possible because of the
January 1, 2009 effective date of the Act. Commissioners Stuart Ishimaru and
Christine Griffin cautioned against rushing to put out a document that was not ready
and urged that it was more important to take the time to get it right. After contentious
discussions in a meeting open to the public, the Commission split across party lines,
with Republicans Earp and Barker voting in favor of the proposed rule and Democrats
Ishimaru and Griffin voting against it. The Act requires the EEOC to promulgate
regulations to implement the Act, but does not set a deadline for when the EEOC must
have the regulations in place.
AREA CALENDAR -
L& I Social Function: Coffee Chat for/ with Deaf Blind Persons; 1: 00- 3: 00
PM, January 10, February 14, March 14, April 11, June 13, July 11, August 8,
September 12 and October 10, 2009; Starbucks, 3401 Walnut Street,
Philadelphia, PA; contact Jay Ravitsky for more information
ADA News No. 178 - 4- December 15, 2008
2009 ACCESSIBLE TECHNOLOGY WEBINAR SERIES; January 12-
September 14, 2009; Online; sponsored by the DBTAC- Great Lakes ADA
Center; goal of the series is to increase awareness about the importance of
technology accessibility for people with disabilities; each session is 90 minutes
in length from 1: 00- 2: 30 p. m. Central Standard Time ( CST) on dates specified;
registration online; questions should be directed to Janet Peters, at
877- 232- 1990 ( V/ TTY)
THE NEW DISABILITY? DETERMINING DISABILITY UNDER THE ADA &
ADAAA; 12: 30- 4: 30 p. m., February 26, 2009; Nationwide & Ohio Farm Bureau
4- H Center, The Ohio State University Columbus Campus. Columbus, OH;
workshop will provide an overview of the ADA as amended by the ADA
Amendments Act of 2008 with an emphasis on changes that will affect policy
and decision making surrounding the accommodation process; for additional
information contact ADA- OSU@ osu. edu
21st Annual Post- secondary Disability Training Institute; June 2– 6, 2009;
Sheraton Society Hill Hotel, Philadelphia, Pennsylvania; objective of training
institute is to assist dedicated professionals to meet the unique needs of college
students with disabilities; participants can select from a variety of Strands,
Single Sessions, a Mini- Strand and a Post- Session taught by experts in the field
that provide participants with in- depth information and adequate time for
questions and follow- up activities; participants also have opportunities to share
information and network with each other at various activities throughout the
week; for information, contact Carol Waite at ( 860) 486- 3321 or visit the
conference website
National Association of State Alcohol and Drug Abuse Directors; June
4- 7, 2009; Syracuse, NY
Mental Health America ( MHA) 2008 Conference: Celebrating the
Legacy, Forging the Future; June 4– 7, 2008; Hyatt Regency Washington
Capitol Hill, Washington, D. C.; each year, the Mental Health America Conference
draws together hundreds of leaders and advocates from across the country to
learn about critical issues in the behavioral health field and strategies for
collective action; attendees include executives and staff from MHA's 320 state
and local affiliates, mental health consumers, family members, policymakers,
advocates, providers, and academic, government and business leaders; for
conference info, visit the conference website
American Public Health Association Annual Convention; November 7- 11,
2009; Philadelphia, PA
COAT LAUNCHES LOGO CONTEST - The Coalition of Organizations for Accessible
Technology ( COAT) has announced the launch of its Logo Contest. The winning logo
will be used to represent COAT and its mission to the general public, and may be used
for COAT’s printed materials, website, apparel, and other uses for which COAT deems
ADA News No. 178 - 5- December 15, 2008
appropriate. The contest began on November 17, 2008, and will end on January 20,
2009. All entries must be accompanied by a Contest Entry Form and received by COAT
at the addresses noted in the Contest Rules, by midnight EST, January 20, 2009. The
contest winner will be announced as soon as possible thereafter. Entry Form and
Contest Rules are available on the main COAT web site.
WIN SOME, LOSE SOME - In a U. S. Court of Appeals for the Sixth Circuit ( MI, OH,
KY, TN) appeal against a maintenance technician’s former employer, Sajar Plastics,
Inc., raising claims under the ADA, the Family and Medical Leave Act, and state law,
summary judgment for Sajar was affirmed in part and reversed in part. The technician
suffered from pain from a back injury and the adverse effects of medication. Allegedly
told that he must take a disability retirement or lose his job, he took FMLA leave, and
was selected for layoff a short time later. He was not reinstated by Sajar and was
terminated. The technician sued the employer under the ADA and FMLA, but the
district court dismissed, concluding that he failed to present sufficient proof that he
was either disabled or regarded as disabled. The Appellate Court reversed on the FMLA
count, but affirmed the decision on disability discrimination. “[ T] he evidence shows,
at most, that Sajar believed that [ the technician’s] back condition and current
medication levels precluded him from performing the dangerous machinery functions
required of the particular job of maintenance technician at Sajar, but did not regard
him as unable to perform a broad class or range of jobs in the maintenance field or
other categories of employment,” wrote Circuit Judge Griffin for the Court. As to the
claim that he was fired because he took FMLA leave, the Court found that the district
court had erred in utilizing the indirect evidence approach where there existed direct
evidence of discrimination, and it was a question for the trier of fact whether Sajar
would have made the same decision to discharge the technician absent the
impermissible motivation. Daugherty V. Sajar Plastics, Inc,. CA6, No. 06- 4608,
10/ 16/ 08.
DC ENTERS INTO AGREEMENT REGARDING HOMELESS SHELTERS - The U. S.
Attorney General and District of Columbia government entered into a settlement
agreement this month improving the access of DC homeless shelters for persons with
disabilities. The agreement requires that DC government appoint a coordinator to
monitor accessibility of shelters, modify its policies pertaining to the shelters, improve
transportation to and between shelters and make physical alterations to several
shelters to improve accessibility.
AROUND THE WORLD - Disabilities Don't Deter Entrepreneurial Spirit ( by
Monte Stewart, Business Edge, 10/ 31/ 2008) Will Shannon's first name personifies his
desire to succeed. He has a strong will to excel at the helm of his own business,
despite being a double- leg amputee. After a year and a half in operation, Shannon's
company Critical Mass Media, a Vancouver- based film and TV production firm is
showing a profit. “ I really like working for myself,” he says. “ It’s a great feeling to
build something from nothing.” Shannon is among a growing number of disabled
entrepreneurs who are launching their own companies. Read more about Shannon and
other Canadian entrepreneurs HERE.
ADA News No. 178 - 6- December 15, 2008
DOLLAR GENERAL’S NEW POINT OF SALE EQUIPMENT PRAISED BY BLIND
COMMUNITY - Dollar General, a national discount retailer with more than 8,000
stores in 35 states, has announced that it will be installing tactile point of sale devices
in all its stores by January 2010 so that customers who are blind and visually impaired
can independently enter their PIN when using a point of sale device. The store will
begin installations in February, 2009. The announcement is the result of an agreement
the company negotiated with the American Council of the Blind, the American
Foundation for the Blind, and a blind Dollar General customer.
DBTAC: SURVEY ON JOB ACCOMMODATION REQUESTS - The DBTAC: Mid- Atlantic
ADA Center and the University of Maryland are conducting a research study on the
reasonable accommodation process. The purpose of this study is to compare
perceptions of the significance of factors affecting job accommodation requests and
provision among persons with disabilities, employers who are employing persons with
disabilities, and service providers. The survey takes approximately 15 minutes and
those who complete the survey will have a chance to receive an Amazon gift card.
OBAMA ANNOUNCES DISABILITY RIGHTS TREATY ON AGENDA - The recent
amendments to the ADA were heralded by Rep. Jim Langevin, D- R. I., the first
quadriplegic to serve in the House, as “ one of the most important pieces of civil rights
legislation of our time.” A coalition of disability advocacy groups, however, says there
is more left to be done to enhance the rights of Americans with disabilities. There is a
movement underway to get the U. S. to sign the Convention on the Rights of Persons
With Disabilities, a disability rights treaty. President- elect Barack Obama’s transition
Web site highlighted the incoming administration’s commitment to accessibility and
named signing and getting the Senate to ratify the treaty among the items on its
agenda. The treaty borrows from and expands on the principles of the Rehabilitation
Act and the ADA. As of mid- September, 130 countries had signed the treaty and 37
countries ratified it, meaning they accepted its binding obligations. A transcript and
recording of the webcast, The New International Disability Rights Treaty and Why the
Disability Community Should Care, and the text of the treaty are available at the CCD
website.
RESOURCES - Some disability/ employment- related resource material recently added
to the catalog. 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).
The November edition of the National Council on Disability Monthly Bulletin
is now available online. The Bulletin, which is free of charge and available at
NCD’s award- winning Web site, brings you the latest issues and news affecting
people with disabilities.
The December 2008 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 .
ADA News No. 178 - 7- December 15, 2008
The December 2008 issue of Tapping Technology, a quarterly newsletter from
the Maryland Department of Disabilities is currently available on the MD TAP
website.
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
November 2008 edition is titled Orchestrating a Comprehensive AT View: A
Psychologist Looks at AT.
The November/ December 2008 edition of Access Currents, a free
bi- monthly newsletter from the U. S. Access Board, is now available.
The latest 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.
The Fall 2008 Edition of ADA in Focus, the quarterly magazine of the ADA
Information Center for the Mid- Atlantic Region, is currently available. Featured
is an article about
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.
Health & Disability Digest is a quarterly, online publication highlighting the
latest news from the Association of University Centers on Disability ( AUCD) and
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
December 2008 edition is now online.
The latest JAN E- News ( Volume 6, Issue 4, Fourth Quarter, 2008) is now
available. E- News topics include JAN Launches New Website, America's Heroes
at Work, and Breast Cancer: Through JAN’s Periscope.
UCPeople is a weekly newsletter written by and for UCP affiliates.
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.
ADA News No. 178 - 8- December 15, 2008
Download the latest edition of UCP’s weekly Capitol Insider to read about what
is new in disability public policy in Washington, DC.
The Fall/ Winter 2008 edition of the UCP News, the newsletter of UCP of
Northeastern Pennsylvania, is available online.
Legislative News InBrief is a weekly publication of AUCD, available online
HERE.
Pacific ADA Center ( Pacific DBTAC) newsletter - The Pacific Update
provides up to date information pertaining to the Americans with Disabilities Act.
Pacific regional news and related issues affecting the disability community are
also featured.
JAN Updates Five Practical Tips for Providing and Maintaining Effective
Job Accommodations - View JAN Webcast and download the accompanying
Fact Sheet to train managers and supervisors, and to integrate the ADA
Amendments Act of 2008 into policies and procedures.
JAN Releases Accommodation and Compliance Series: The ADA
Amendments Act of 2008 - Find practical tips, processes, and resources to
update your policies and procedures. Read more HERE.
NEW YOUTUBE VIDEO FEATURES ATHLETES WITH DISABILITIES ABROAD -
A new online video by the National Clearinghouse on Disability and Exchange ( NCDE)
features athletes with disabilities who turned a passion for competition into a
life- changing experience abroad. The video focuses on sports- related exchanges for
a cross- disability audience. It includes interviews with world- class athletes and high
school students with disabilities who participated in sports- related programs abroad
and images of people with disabilities participating in a wide range of sports and
recreation programs. The 5- minute video is available to view on the NCDE website.
CHATHAM UNIVERSITY WILL INCREASE CAMPUS ACCESSIBILITY ( Yahoo News,
12/ 9/ 08) - The Justice Department today announced a settlement agreement under
Title III of the Americans with Disabilities Act ( ADA) with Chatham University that will
make its campus and services more accessible to individuals with disabilities. Today's
settlement resolves an investigation during which the Department found violations of
the ADA Standards for Accessible Design in newly constructed buildings, as well as
barriers to existing facilities, including inaccessible entrances to buildings, steps in
corridors leading to classrooms and other primary spaces, inaccessible counters, a
lack of accessible seating in assembly areas, narrow doorways, the absence of
directional signage, and inaccessible circulation paths throughout the campus. The
university, located in Pittsburgh, Pa., has agreed to undertake a five year plan to
remedy these and other barriers to full accessibility on campus. More HERE.
JUDGE SAYS PERFUME LAWSUIT CAN PROCEED ( by Paul Egan for The Detroit
News, 11/ 27/ 08)- A city of Detroit planner can proceed with her lawsuit alleging a
ADA News No. 178 - 9- December 15, 2008
co- worker's perfume made it difficult for her to breathe and impossible to do her job,
a federal judge has ruled. In an opinion released late Tuesday, U. S. District Judge
Lawrence P. Zatkoff rejected the city's attempt to have Susan McBride's lawsuit, filed
under the Americans with Disabilities Act, dismissed. McBride " has produced evidence
that her breathing is significantly restricted" by a co- worker's perfume, and she has
a potential claim, Zatkoff ruled. Both McBride's Detroit attorney and the chairwoman
of the Chemical Sensitivity Foundation said Wednesday that Zatkoff's decision to allow
the lawsuit to proceed is significant. " He recognizes that this is the type of claim that's
viable," said attorney Ann Curry Thompson, who represents McBride. " These are types
of claims that in many jurisdictions … are sort of pooh- poohed and are not taken
seriously." Grant Ha, the attorney representing the city in the lawsuit, did not return
a phone call Wednesday. Ha said in a June court filing that " there is no medical
diagnosis of the alleged condition," and McBride " is not disabled because she is not
substantially impaired in a major life activity." But Zatkoff, who sits in Port Huron,
found that McBride's difficulty breathing as a result of her co- worker's perfume does
present a potential claim under the federal law designed to protect the disabled from
discrimination in public places and the workplace. He dismissed McBride's claims that
her chemical sensitivity also impairs her ability to shop for detergents, speak, interact
with others, and reproduce. It's not clear that the city took reasonable steps to
accommodate McBride's condition, the judge ruled. Alison Johnson, chairwoman of the
Chemical Sensitivity Foundation in Topsham, Maine, said she welcomes Zatkoff's
decision to let the lawsuit proceed. " These perfume sensitivities are very real, and I
can't tell you how many lives they are ruining," Johnson said. " Maybe there's
beginning to be recognition that these things are serious." McBride is seeking
unspecified damages. Thompson said the major goal of the lawsuit is not monetary
damages but " to educate people about the issue and seek voluntary compliance,
where possible." The city is continuing to fight the lawsuit, which could be headed to
trial next year.
APPLE AGREES TO MAKE ITUNES FULLY ACCESSIBLE TO BLIND ( by Sheri
Qualters for The National Law Journal, 10/ 1/ 08) - Massachusetts Attorney General
Martha Coakley and the National Federation of the Blind negotiated an agreement with
Apple Inc. to make Apple's iTunes and iTunes U fully accessible to the blind. Through
the online iTunes service, customers can buy and download music, television shows,
movies, audiobooks and podcasts. According to a statement from Coakley's office,
Apple has agreed to make iTunes U, which provides educational content, fully
accessible by December 31 using so- called screen access software that transforms
on- screen computer information into Braille or speech. Apple has also agreed to make
the remaining iTunes and the iTunes Store accessible by June 30, 2009, for both
Macintosh and Microsoft Windows operating systems. Apple also agreed to donate
$ 250,000 to the Massachusetts Commission for the Blind to fund assistive technology
for blind consumers. " In an age where certain technologies have become integral to
our daily lives, it is vitally important that it is accessible to all members of society,"
said Coakley, in a statement. Apple spokeswoman Susan Lundgren said the company's
iTunes 8, which was released on September 9, " provides state of the art accessibility
for the blind … For more than 20 years, Apple has provided innovative solutions to
make our products more accessible.” " This landmark agreement will benefit blind
ADA News No. 178 - 10- December 15, 2008
people in the Commonwealth of Massachusetts and throughout the nation by allowing
us to have equal access to one of the most popular computer applications available
today," said federation President Marc Maurer.
MICROSOFT DEMONSTRATES ACCESSIBILITY ADVANCES ( by Anne Maschino,
11/ 19/ 08) – Microsoft presented before government representatives and advocacy
groups some of its latest accessibility features in development for its upcoming
Windows 7 platform, which is the next Microsoft operating system. There is no official
release date yet, but it is widely anticipated that Windows 7 will be on the market by
2010. Windows 7 promises to bring many improvements over the Vista operating
system. Windows Accessibility lead Norm Hodne noted, “ As an end user, you will find
that many of the problems ( experienced with Vista) have been fixed” in Windows 7.
Read more about the Windows changes HERE.
BUYING HOLIDAY TOYS FOR CHILDREN WITH DISABILITIES ( by John M.
Williams) - The Holiday season always brings smiles and a warm heart to me. People
change during this time of the year. They are happier, and they want to be included
in a variety of holiday activities such as caroling, partying and exchanging gifts.
Parents, grandparents and siblings of children with disabilities want to ensure their
family member with a disability is included in the spirit of giving and receiving.
However, they become frustrated because they can’t find an appropriate gift for a child
with a disability. For about 12 years, scores of people contact me during this time and
ask me where can they buy a gift for a special needs child. This year is no exception.
Read John’s gift recommendations HERE.
MY CHILD WITHOUT LIMITS - UCP’s national office is introducing a new early
intervention initiative, and is asking for your help and input. Please take a moment to
complete and submit the My Child Without Limits survey.
BROKEN LEG? TRY “ WII- HABILITATION” ( by Lindsey Tanner, AP) - Some call it
" Wiihabilitation." Nintendo's Wii video game system, whose popularity already extends
beyond the teen gaming set, is fast becoming a craze in rehab therapy for patients
recovering from strokes, broken bones, surgery and even combat injuries. More about
“ Wiihabilitation” HERE.
COMING UP NEXT MONTH - Well, 2009 is almost here. Time to start preparing for
Cervical Health Awareness Month, National Glaucoma Awareness Month, National
Blood Donor Month, Thyroid Awareness Month, National Activity Professionals Week,
Birth Defects Prevention Month, National Eye Care Month, Family Fit Lifestyle Month,
Fiber Focus Month, National Mentoring Month, National Radon Action Month, Mental
Wellness Month; January 4- 10 is National Folic Acid Awareness Week, 12- 18 is National
Folic Acid Awareness Week, 18- 24 is Healthy Weight Week, 25- 31 is National Nurse
Anesthetist Week and Salt Awareness Week; January 22nd is Women’s Healthy Weight
Day, the 25th is National Intravenous Nurse Da. y
