ADA News No. 175 September 29, 2008
ADA News
Disabilities Law, News & Perspective
Patrick H. Bair - Editor
Number 175 September 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.
PRESIDENT BUSH SIGNS THE ADA AMENDMENTS ACT OF 2008 - The President
signed the ADA Amendments Act of 2008 ( ADAAA) on September 25, 2008. In recent
years, the ADA— the world’s first human rights law for people with disabilities— has
been narrowed in numerous court decisions leaving citizens with certain disabilities
virtually unprotected from discrimination. Under the existing law and the U. S. Supreme
Court’s narrow definition of what constitutes a disability, roughly 90 percent of all ADA
claims have been lost by the plaintiff, and only approximately 3 percent receive any
kind of remedy. The new law, which was passed overwhelmingly by the Senate and the
House, expands civil rights to Americans with disabilities in the workplace and
overturns decisions that have reduced protections for certain people who were
originally intended to be covered by the ADA. The ADAAA declares that the Court went
wrong by “ eliminating protection for many individuals whom Congress intended to
protect” under the 1990 law. “ The Supreme Court misconstrued our intent,” said
Representative Steny H. Hoyer of Maryland, the House Democratic leader. “ Our intent
was to be inclusive.” Representative F. James Sensenbrenner Jr. of Wisconsin, the
principal Republican sponsor in the House, said, “ Courts have focused too heavily on
whether individuals are covered by the law, rather than on whether discrimination
occurred.” The ADAAA specifically targets two of these decisions— the 1999 decision
in Sutton v. United Airlines Inc., which limited the ADA’s protection for persons whose
disabilities could be “ mitigated” by measures such as medication, treatment, or
assistive devices; and the 2002 decision in Toyota Motor Manufacturing, Ky, Inc. v.
Williams, which tightened the standard for individuals to be considered “ substantially
limited” by their disability. “ Today President Bush has followed in his father’s footsteps
and taken a stand for equal opportunity and full participation for all Americans,” said
Andrew Imparato, President and CEO of the American Association of People with
Disabilities. “ I deeply appreciate the bipartisan leadership in the Congress that brought
ADA News No. 175 - 2- September 29, 2008
us to this point, and I thank President Bush for his leadership in signing this critical civil
rights law that will make a real difference in the lives of millions of Americans with
disabilities and chronic health conditions.” Under the ADAAA, the term “ disability” will
be expanded by several new rules of construction, including: providing that the term
must be construed in favor of broad coverage of individuals; clarifying that an
impairment that substantially limits one major life activity need not limit other major
life activities to be a disability; protecting individuals suffering from episodic
impairments or impairments that are in remission, so long as the impairment would
substantially limit a major life activity when active; and excluding consideration of the
ameliorative effects of measures such as medication or treatment when determining
whether an impairment substantially limits a major life activity. The ADAAA provides
an extensive list of the tasks that constitute “ major life activities,” including physical
tasks such as walking, standing, and lifting; mental tasks such as learning, reading,
and thinking; and even the operation of major bodily functions, such as immune
system functions, cell growth, and reproductive functions. The Amendments Act states
that individuals cannot show they were regarded as having a disability for impairments
that are transitory and minor. Furthermore, individuals regarded as having a disability
but who do not actually have one are now explicitly not entitled to reasonable
accommodations. Finally, the ADAAA defines the requirements of being “ regarded as
having an impairment,” specifying that individuals who are subjected to discrimination
prohibited by the ADA, whether or not an actual or perceived impairment does limit the
individual's major life activities, will still be regarded as having an impairment. The
amendment is a win- win for businesses and those with disabilities, said Michael
Layman, manager of labor and employment for the Society for Human Resource
Management. Passage of the legislation also is “ a big moment” in employment law,
Layman said, marking the first landmark change since the ADA was passed in 1990.
Senator Orrin G. Hatch, Republican of Utah, said the bill, by establishing more
generous coverage and protection, “ will make a real difference in the lives of real
people.” The new law will be effective January 1, 2009.
DISABILITIES WEBSITE OF THE MONTH - The purpose of Brighter Tomorrows
is to provide families with balanced and accurate information about receiving a
diagnosis of Down syndrome either during their pregnancy or at birth. This program
is designed to help answer your questions, educate you about Down syndrome and
share the stories of other parents in similar situations. The project was started at the
request of parents of children with Down syndrome who felt that other parents and
prospective parents could be helped if physicians knew how to provide a diagnosis of
Down syndrome with up- to- date, balanced information delivered in an emotionally
supportive fashion. Their requests and input resulted in the original Brighter
Tomorrows, an interactive CD- ROM to train physicians. Brighter Tomorrows has now
become a web- based training tool for physicians, with a specially designed website for
families. The Family Website has three main sections: 1) Commonly Asked Questions
and Answers for New and Prospective Parents; 2) Life Glimpses of Individuals with
Down Syndrome and Their Families; and 3) Resources for Families.
ADA News No. 175 - 3- September 29, 2008
THIRD CIRCUIT DECIDES STATUTE OF LIMITATIONS QUESTIONS - In a
challenge under the ADA and the Rehabilitation Act by Disabled in Action of
Pennsylvania to SEPTA’s alteration of two Philadelphia subway stations without
including elevators, the U. S. Court of Appeals for the Third Circuit ( PA, NJ, DE, VI)
reversed summary judgment for SEPTA granted by the U. S. District Court for the
Eastern District of Pennsylvania. The trial court had dismissed DIA’s claim as brought
outside the applicable statute of limitations, accepting SEPTA’s argument that the
action “ accrued when DIA knew, or had reason to know, that SEPTA’s renovations
would not include elevators,” and not when the alterations were completed, as argued
by DIA. Initially, the Appellate Court agreed with the lower court and the parties that
“ Pennsylvania’s two- year statute of limitations for personal injury claims should apply”
to actions under ADA Title II and Section 504 of the Rehabilitation Act. Guided by
principles of statutory construction, the Court then decided that the applicable statute
of limitations began to run when work was completed, as that was the time at which
individuals with disabilities were subjected to the disparate treatment that the ADA was
enacted to prevent, and not earlier during the planning phase when plaintiffs knew or
had reason to know of the injury. Disabled in Action of Pennsylvania v. South East
Pennsylvania Transp. Auth., CA3, No. 06- 5109, 8/ 19/ 08.
AREA CALENDAR -
Healthy Aging Webinar: Living Long and Well; 2: 00- 3: 30 PM, October 14,
2008; Online; sponsored by the Society for Public Health Education
18 Annual Brain Injury of Delaware th Conference: Starting Over; October
22, 2008; Sheraton Hotel in Dover, Delaware; conference topics center on
traumatic brain injury in children, adults, and returning members of the military;
there will also be presentations by experienced professionals on subjects
including the Neuroanatomy of Traumatic Brain Injury, Complimentary Medicine,
Assistive Technology, and a forum on TBI From a Trauma Doctor’s Perspective;
registration deadline is October 15, 2008; for more information, e- mail the
conference resource center, or visit the conference website
National Caregivers Conference; October 29, 2008; Woodbridge Hotel and
Conference Center, Iselin, NJ; conference will concentrate on the critical
importance of caregivers; conference will direct caregivers towards information
on easily accessible, cost effective supports to all populations, regardless of age
or disability; conference will also serve as a networking session for parents to
gain social supports; for more information, see the conference website, or
contact Jacqueline Moskowitz, Executive Director of the Family Support Center
of New Jersey at 732- 528- 8080
Annual Disability Employment Awareness Conference; 8: 30 AM- 3: 30 PM,
October 29, 2008; Club Meade, Building 6600 Mapes Rd., Ft. George G. Meade,
Odenton, MD; conference brings together practitioners with expertise in
employment law, veterans’ issues, emergency preparedness, and disability
ADA News No. 175 - 4- September 29, 2008
issues; sessions will be interactive and provide the opportunity to receive
practical, up- to- date information on emerging trends and policy changes;
featured topics include emergency preparedness and accommodating employees
with disabilities, and working with employees with brain injuries and intellectual
disabilities; for registration and more information, see the conference website
2008 Western Pa. School for the Deaf ( WPSD) Fall- In Auction & Gala;
November 1, 2008; Heinz History Center, Pittsburgh, PA; an evening of good
food, good friends and the opportunity to bid on some fabulous items; anyone
interested in sponsorships, auction item donations or attending event should
contact Vicki Cherney at 412- 244- 4207 or visit the WPSD website
WPSD ASL Fun Days; 11: 00 AM- 1: 00 PM, November 16, 2008; WPSD Central
Pa. Office, 3820 Hartzdale Drive, Camp Hill PA; Fun Days sessions are for the
entire family, and open to hearing, hard of hearing or deaf person of any age
who is interested in exploring American Sign Language ( ASL) or improving their
ASL skill; for information, contact Jessica Wells at ( 717) 909- 5577, or visit the
WPSD website
WPSD Family Play Group; 9: 30- 11: 30 AM, November 17, 2008; WPSD
Central Pa. Office, 3820 Hartzdale Drive, Camp Hill PA; participate in a variety
of activities for young deaf/ hard- of- hearing children; each play group will focus
on a specific story with signs learned along the way; there will be built- in play
time for all the children and discussion time for parents; for information, contact
Jessica Wells at ( 717) 909- 5577, or visit the WPSD website
2008 NCTI Technology Innovators Conference: Thriving in a Global
Marketplace; November 20- 21, 2008; Madison Hotel, Washington, D. C.;
conference offers a comprehensive two- day agenda focusing on emerging
technology trends, challenges, and guidance; participants will have the
opportunity to discuss solutions for pressing issues with internationally
renowned speakers; conference Tech Expo will provide an interactive showcase
of instructional and assistive technology tools and devices for students with
special needs where attendees can experience and “ test drive” the latest global
technology innovations; attendees also will have an opportunity to network with
thought leaders who are transforming the international market through
public/ private partnerships at the Innovators Marketplace; for more information
e- mail the conference resource center, or visit the conference website
Pa. Office of Deaf and Hard of Hearing Workshops: Practice &
Procedures Under the PA Human Relations Act and Understanding Your
Rights - What to Do if There is No Captioning or CART; 10: 00 AM- Noon
and 1: 00- 3: 00 PM, November 21, 2008; presenters will be at Office of
Vocational Resources ( OVR) Central Office in Harrisburg, and will be connected
to other OVR district offices via videoconference; the PA Office for the Deaf &
Hard of Hearing ( ODHH) will be hosting monthly workshops during Fall 2008;
ADA News No. 175 - 5- September 29, 2008
there is no cost to attend the workshops; for more information, contact ODHH
at ( 717) 783- 4912
WPSD Skeet Shoot; November 21, 2008; Pittsburgh Field Club, Pittsburgh, PA;
WPSD's inaugural skeet shoot event; for more information, contact Chris
Fletcher at 412- 371- 7000
ODHH Workshops: Social Security & You 2008 and Medicare, Part D;
10: 00 AM- Noon and 1: 00- 3: 00 PM, December 12, 2008; presenters will be at
Office of Vocational Resources ( OVR) Central Office in Harrisburg, and will be
connected to other OVR district offices via videoconference; the PA Office for the
Deaf & Hard of Hearing ( ODHH) monthly workshops; there is no cost to attend
the workshops; for more information, contact ODHH at ( 717) 783- 4912
24th Annual Special Summer Camp Fair 2009; 11 AM to 3 PM, January 31,
2009; Church of St. Paul the Apostle, Columbus Ave. near W. 60th St., New
York City, NY; presented by Resources for Children with Special Needs ( RCSN),
Inc.; parents and caregivers of children and teens with disabilities can plan
ahead for summer with the wealth of information offered at the 24th annual free
Special Camp Fair; representatives from 70 New York City day camps and sleep
away camps in the northeast will be on hand to help parents and professionals
plan productive summer experiences for children with disabilities; the Fair will
also feature information on travel programs, remedial education programs,
volunteer and job opportunities and early childhood programs; Spanish and sign
language interpreters will be available; visitors to the Fair will receive a free
copy of the Camps 2009 Directory; for further information, contact Gary
Shulman, 212- 677- 4650, or visit the RCSN website
WPSD ASL Fun Days; 3: 00 AM- 5: 00 PM, February 21, 2009; WPSD Central
Pa. Office, 3820 Hartzdale Drive, Camp Hill PA; Fun Days sessions are for the
entire family, and open to hearing, hard of hearing or deaf person of any age
who is interested in exploring American Sign Language ( ASL) or improving their
ASL skill; for information, contact Jessica Wells at ( 717) 909- 5577, or visit the
WPSD website
WPSD Family Play Group; 9: 30- 11: 30 AM, February 23, 2009; WPSD Central
Pa. Office, 3820 Hartzdale Drive, Camp Hill PA; participate in a variety of
activities for young deaf/ hard- of- hearing children; each play group will focus on
a specific story with signs learned along the way; there will be built- in play time
for all the children and discussion time for parents; for information, contact
Jessica Wells at ( 717) 909- 5577, or visit the WPSD website
20th National Conference on Chronic Disease Prevention and Control:
Cultivating Healthy Communities; February 23- 25, 2009; Gaylord National
Convention Center, National Harbor, MD; sponsored by the Centers for Disease
Control & Prevention ( CDC); conference presenters will share relevant
ADA News No. 175 - 6- September 29, 2008
information on innovations in science, policy, community interventions, health
marketing, and information technology that support healthy lifestyles and
cultivate healthy communities; participants will learn successful chronic disease
prevention efforts, best practices, and effective intervention techniques used by
their colleagues and challenges as we move into the next decade of health
system transformation; more information available by e- mail, phone to ( 404)
639- 3311, or at the conference website
9 Annual Multiple Perspectives on Access, Inclusion th & Disability:
Change, Challenge, & Collaboration; April 28- 29, 2009; The Ohio State
University Columbus Campus, Columbus, OH; conference continues the
university’s efforts to bring together a diverse audience to explore disability as
both an individual experience and social reality that cuts across typical divisions
of education and employment, scholarship and service, business and
government, race, gender and ethnicity; this year’s theme “ Change, Challenge
& Collaboration” reflects the critical place in history occupied by people with
disabilities; for more information, contact Scott Lissner at 614- 292- 6207, or visit
the conference website
DEPARTMENT OF EDUCATION DISMISSED FROM SCHOOL SUIT - The U. S.
District Court for the Eastern District of Pennsylvania sustained a motion to dismiss by
the Pa. Department of Education ( PDE) in a lawsuit brought by a former Philadelphia
school teacher with “ sleep apnea, anxiety, learning disability and Attention Deficit
Disorder,” who was terminated by co- defendant School District of Philadelphia in June.
The federal No Child Left Behind Act ( NCLBA) requires states to provide criteria for
“ highly qualified” teachers. The PDE established such criteria ( passing the “ Praxis
exam”), and provided that failure to meet the criteria would allow a person to teach
only under an “ emergency permit.” Appointed in 2003 to a teaching position under an
emergency permit, the teacher was informed by the school district in 2006 that the
NCLBA ruled out further emergency permits and she was terminated. The teacher sued
for monetary damages, costs and fees, and the PDE moved for dismissal under Federal
Rules 12( b)( 1) and 12( b)( 6). Although PDE’s motion to dismiss for failure to exhaust
administrative remedies failed, the court granted its FR 12( b)( 6) motion, finding that
PDE had no authority to issue an emergency permit absent a request from the school
district. “ While the PDE is charged with determining whether or not to grant an
emergency permit,” wrote Judge Petrese B. Tucker, “ such consideration cannot be
made when the application is not directly submitted by the school district. To the
extent that Plaintiff needed and should have been afforded an accommodation, the
proper authorities for such considerations are the school district and Education Testing
Services– the Praxis exam administrator.” The school district, however, failed in its
attempt to have the teacher’s claim against it dismissed. Dungee v. School District of
Philadelphia and Pennsylvania Department of Education, USDCt. EDPa., No. 07- 3909,
9/ 5/ 08.
AROUND THE WORLD ( from NCD, 8/ 08) UN Convention Update - On August 26,
NCD Member Marylyn Howe and NCD Senior Attorney/ Advisor Joan Durocher
ADA News No. 175 - 7- September 29, 2008
presented Finding the Gaps: A Comparative Analysis of Disability Laws in the United
States to the United Nations Convention on the Rights of Persons with Disabilities
( CRPD) at the Rehabilitation International ( RI) 21st World Congress in Quebec City,
Canada. The RI World Congress’ theme was “ Disability Rights and Social Participation:
Ensuring a Society for All.” This theme reflected the conference’s aim of an
international dialogue on the implementation of the United Nations CRPD. The RI World
Congress convened people with disabilities, human rights activists, experts,
government representatives, service providers and leaders of civil society from all
continents. NCD helped illuminate the legal analysis for conference attendees and
discussed the Council's continuing hope that the United States will sign the CRPD.
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 August 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 September 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
ava ilable by free subscr iption, and on the web at
http:// www. ncpad. org/ newsletter .
The September 2008 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.
The September 2008 issue of Tapping Technology, a quarterly newsletter from
the Maryland Department of Disabilities is currently available on the MD TAP
website, and features a timely article about AT Products for Back to School.
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
August/ September 2008 edition is titled AT & High Incidence Disabilities:
Goodbye Darkness.
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.
ADA News No. 175 - 8- September 29, 2008
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.
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.
Download the latest edition of UCP’s weekly Capitol Insider and read about
what is happening in disability public policy in Washington, DC.
Legislative News InBrief is a weekly publication of AUCD, available online
HERE.
EEOC Addresses Performance and Conduct Issues Under the ADA ( EEOC
Press Release) - The U. S. Equal Employment Opportunity Commission ( EEOC)
has issued a comprehensive question- and- answer guide addressing how the
ADA applies to a wide variety of performance and conduct issues. The document
is available on the agency’s web site. The new guide makes clear that employers
can apply the same performance standards to all employees, including those
with disabilities, and emphasizes that the ADA does not affect an employer’s
right to hold all employees to basic conduct standards. At the same time,
however, employers must make reasonable accommodations that enable
individuals with disabilities to meet performance and conduct standards. The
guide reviews relevant ADA requirements and explains how they govern
performance and conduct standards as applied to employees with disabilities.
Through examples based on actual cases and specific scenarios that the EEOC
has learned about from employers and individuals with disabilities, this guide
explains when and how performance and conduct standards should be applied
and the appropriate role of reasonable accommodation. The guide explains how
and when employees should request accommodations to help them meet
performance requirements and comply with conduct rules, and how an employer
should handle such requests. Other topics addressed include issues related to
attendance, dress codes, and drug and alcohol use, and the circumstances in
which employers can ask questions about an employee’s disability when
performance or conduct problems occur.
The State of 21st Century Financial Incentives for Americans with
Disabilities, a new report from the National Council on Disability, “ defines or
describes financial incentives affecting people with disabilities and presents
research findings in key areas of people’s lives, such as education and health
ADA News No. 175 - 9- September 29, 2008
care. It also describes selected state- level innovations affecting asset
development and wealth accumulation. In addition, the report suggests several
strategies for securing meaningful employment, career advancement, and
benefits needed for daily living and accommodations.”
Promoting Inclusive Physical Activity Communities for People with
Disabilities, President’s Council on Physical Fitness and Sports Research Digest,
Series 9, No. 2, June/ July, 2008 - Increasing physical activity participation
among people with disabilities is an important goal for the health and fitness
profession. Despite the enormous health benefits that can be attained from
regular physical activity, most people with disabilities are not achieving the U. S.
recommended goal.
Obstacle Course: Inaccessibility of Athletic Centers ( Athletic Business,
September 2008) - Though most recreation facilities meet the legal
requirements associated with accessibility, few address the actual needs of
people with disabilities.
EEOC VS. WAL- MART, ROUND ? - This is beginning to look more like a dysfunctional
relationship than anything else. The Equal Employment Opportunity Commission has
once again sued Wal- Mart in federal court, this time on behalf of a Rockford woman
who claims she was fired because she had epilepsy. The woman worked as a greeter
at the Wal- Mart store in Rockford, IL in early 2006, and had told her supervisors when
she was hired that she had epilepsy. The woman asked for permission to sit down for
a few minutes in a quiet location whenever she had a seizure. Wal- Mart complied
initially, but later stopped accommodating her request. She was fired after having a
seizure while in a back room at the store. “ When [ she] ... has a seizure, she can't
remember what happens, she loses control of herself a little bit,” EEOC counsel Aaron
Decamp said. “ She was swearing in the back room ( during her seizure), and when she
swore, Wal- Mart saw this as an opportunity to fire her.” Wal- Mart spokeswoman
Daphne Moore said the company has “ a long and recognized commitment to employing
people with disabilities,” but said she could not comment on the specifics of this case
because she had not seen the lawsuit. Decamp said the lawsuit was filed after the
woman filed a complaint with the EEOC in late 2006, after being fired. EEOC
investigators determined the claim had merit, Decamp said, and attorneys tried to
reach a settlement with Wal- Mart before the suit was filed. The complaint asks for back
pay with interest plus unspecified amounts for other damages, including “ emotional
pain, suffering, loss of enjoyment of life and humiliation.” The lawsuit was filed in U. S.
District Court for the Northern District of Illinois. It has been assigned to U. S. District
Judge Philip Reinhard. No court dates have been set.
JUDGE: NEW MONEY DESIGN SHOULD ACCOMMODATE BLIND ( by Matt Apuzzo
AP Writer) - When the next generations of $ 5, $ 10, $ 20 and $ 50 bills roll off the
presses, there should be some way for blind people to tell them apart, a federal judge
said [ September 4th]. U. S. District Judge James Robertson said he would not allow the
Treasury Department to go at its own pace as it complies with a May ruling that U. S.
ADA News No. 175 - 10- September 29, 2008
paper money discriminates against the blind. Treasury officials have hired a contractor
to investigate ways to help the blind differentiate between bills, perhaps by printing
different sizes or including raised numbers. Government attorneys urged the judge to
let that process play out and not interfere with anti- counterfeiting redesigns that are
already in process. Robertson was not persuaded. “ The Treasury Department is not
going to just conduct this on its own schedule and its own terms. Let that be clear,”
he said. Robertson ordered attorneys for the government to meet with the American
Council of the Blind, which brought the lawsuit, and come up with a schedule that
requires changes in the next generation of bills. The next $ 100 design could be printed
as early as this fall and Robertson said those bills won’t be affected. But subsequent
designs should be able to solve the problem, the judge said. Government lawyers said
they plan to argue that Robertson does not have the authority to interfere with the
Treasury’s printing responsibilities. The judge said he’d consider the argument but
quipped that, if he didn’t have authority to require changes, how was he supposed to
enforce the ruling? What would the court order say, he asked, “ Go out and have a
good time? We'll see you when it's all over?”
INCLUSIVE PLAYGROUNDS AWARENESS EVENT - The Inclusive Fitness Coalition
( IFC) is calling for inclusive playgrounds and related organizations to host an inclusive
playgrounds awareness event. Participating playgrounds/ groups will be submitted for
possible inclusion in a series of articles for national magazines, in addition to the IFC
website and newsletter. Anyone interested in hosting an event and/ or learning more
about IFC’s Inclusive Play Workgroup should contact Jessica Madrigal, or visit the IFC
website.
ICDRI REPORT: PRESIDENTIAL CANDIDATES SHOULD MAKE THEIR WEB
SITES ACCESSIBLE ( press release from ICDRI, 9/ 3/ 08) - The International Center for
Disability Resources on the Internet ( ICDRI) is disappointed that Presidential
candidates Bob Barr, Alan Keyes, John McCain, Ralph Nader, and Barack Obama, have
not made their web sites accessible to and usable by all Americans with disabilities.
“ It’s a big disappointment that neither John McCain’s campaign manager, nor Barack
Obama’s campaign manager, took action in response to the information we provided
in support of making their web sites more accessible to persons with disabilities,” says
Michael Burks, President of ICDRI. A free electronic review of John McCain’s and
Barack Obama’s websites were sent to their campaign managers. The other three
campaigns were notified of the inaccessibility of their web sites as well. The
accessibility assessments evaluate how easy it is for persons with disabilities to make
contributions, access information about the candidates’ positions, and engage as
volunteers in the national campaigns. In the ICDRI review, numerous accessibility
issues were discovered that can be easily fixed. [ See the ICDRI website for examples.]
“ How are persons with disabilities supposed to participate equally in national election
activities?” asks ICDRI Advisory Board member, Jenifer Simpson, a leader in the
accessible technology policy field. “ For example, a person with a vision disability or a
person with an intellectual disability must be able to get the information they need to
make an informed vote in November. Our colleagues in the communities of persons
with hearing disabilities tell us also that no campaign routinely captions the video clips
ADA News No. 175 - 11- September 29, 2008
of its candidates either!” “ Web sites are increasingly becoming interactive and some
of the Presidential campaign web sites are pushing out information to the prospective
voter as supporters sign up to receive the latest campaign news, “ says Cynthia D.
Waddell, Executive Director of ICDRI. “ Imagine receiving an email telling you to watch
the exciting videoclip about the presidential candidate, but then to only find out that
you cannot “ watch” it because it is not captioned and you are deaf or hard of hearing.
This is only one example. Designers of web marketing and outreach can address the
needs of voters with disabilities by implementing the World Wide Web Consortium Web
Content Accessibility Guidelines or even the federal Electronic and Information
Technology Accessibility Standards for the web. We hope the candidates take up our
recommendation to make their web sites more accessible for voters with disabilities.”
COMING UP NEXT MONTH - October is National Disability Employment
Awareness Month. It is also Breast Cancer Control/ Awareness Month, Breast Cancer
Control Month, Healthy Lung Month, “ Talk About Prescriptions” Month, Halloween
Safety Month, National Dental Hygiene Month, Auto Battery Safety Month, Brain Injury
Awareness Month, National Campaign for Healthier Babies Month, National Celiac
Sprue Awareness Month, Children’s Health Month, the Cold and Flu Campaign, Crime
Prevention Month, Depression & Mental Health Month, Domestic Violence Awareness
Month, National Down Syndrome Awareness Month, National Family Health Month,
National Family Sexuality Education Month, Health Literacy Month, Let’s Talk Month,
National Liver Awareness Month, National Lupus Awareness Month, Medical Librarians
Month, National Orthodontic Health Month, National Physical Therapy Month, Rett
Syndrome Awareness Month, National Spina Bifida Awareness Month, National Spinal
Health Month, Sudden Infant Death Syndrome Awareness Month, National Trick or
Treat for UNICEF Month, Vegetarian Awareness Month, National Psoriasis Awareness
Month, World Blindness Awareness Month, Family Eye Care Month, Emotional Wellness
Month, National American Pharmacy Month, Medical Ultrasound Awareness Month,
National Chiropractic Month and Pregnancy and Infant Loss Awareness Month; October
1- 7 is Wegener’s Granulomatosis Awareness Week, National Gerontological Nurses
Week and National Healthcare Food Service Week, 5- 11 is National Fire Prevention
Week, Nuclear Medicine Week, Nurse- Midwifery Week, National Healthcare Resource
& Materials Management Week, Emergency Nurses Week and Mental Illness Awareness
Week, 6- 10 is Drive Safely Work Week and Get Smart About Antibiotics Week, 6- 12
is National Physician Assistants Week, 12- 18 is National Healthcare Quality Week,
Healthcare Central Service/ Sterile Processing Week and National Case Management
Week, 12- 20 is Bone & Joint Decade National Awareness Week, 13- 17 is National
School Lunch Week, 13- 18 is National Nephrology Technician/ Technologist Recognition
Week, 18- 26 is Red Ribbon Week, 19- 25 is National Collegiate Alcohol Awareness
Week, Kids Care Week, National Pharmacy Week, Respiratory Care Week, National
Primary Care Week, National Radon Action Week, National Childhood Lead Poisoning
Prevention Week and Pastoral Care Week, 20- 24 is National School Bus Safety Week,
20- 26 is National Health Education Week, Medical Assistants’ Week, Interstitial Cystitis
Awareness Week, National Drug- Free Work Week and Infection Control Week, 23- 31
is National Red Ribbon Campaign, October 26- November 1 is Hearing Aid Awareness
Week and October 28- November 3 is National Adult Immunization Week; October 1st
ADA News No. 175 - 12- September 29, 2008
is World Vegetarian Day and International Day of Older Persons, the 2nd is National
Depression Screening Day and International Day for Natural Disaster Reduction, the
4th is Sarcoidosis Awareness Day, the 5th is World Teachers’ Day, the 6th is National
Child Health Day, the 8th is SAVE ( Stop America’s Violence Everywhere) Toda, y
Emergency Nurses Day and Walk to School Day, the 10th is World Mental Health Day
and Put the Brakes on Fatalities Day, the 13th is Metastatic Breast Cancer Awareness
Day, the 15th is National Disability Mentoring Day, the 16th is World Food Day, the 17th
is National Mammography Day and International Day for the Eradication of Poverty, the
20th is World Osteoporosis Day, the 22nd is Lung Health Day and International
Stuttering Awareness Day, the 25th is Make a Difference Day and the 31st is Interstitial
Cystitis Awareness Day.
