JFActivist

Department of Housing and Urban Development Acts to Stop Discriminatory Prohibitions Preventing Persons with Disabilities from Using Service Animals or Emotional Support Animals

By David Heymsfeld, AAPD Policy Advisor

The United States Department of Housing and Urban Development recently began a series of cases against property owners and condominium associations for applying “no pet” rules to prevent persons with disabilities from using service animals or emotional support animals on the property. 

The cases were brought under the Fair Housing Act which requires that in the sale or rental of housing there must be reasonable accommodations necessary to afford equal housing opportunity for persons with disabilities.

 According to HUD Assistant Secretary John Trasvina , HUD interprets the law as requiring the honoring of “requests for animals like service dogs if a person with a disability requires that dog for daily life activities. In these cases, people with disabilities are not seeking special treatment: they are seeking the equal opportunity to enjoy their dwelling just as anyone else can”

The practices challenged in the cases include:requiring residents with assistance animals to use service elevators; requiring burdensome medical documentation  of the need for a service or emotional support   animal;and refusing to allow a tenant to be visited by a friend with an emotional support animal.

The cases may result in the property owners being ordered to pay fines and attorney”s fees.   

Click here for a summary of the recent cases 

 

Click here for general information about filing a claim of discrimination under the Fair Housing Act

 

Airport Security: AAPD Asks TSA to Uphold Civil Rights

Photo Caption (l-r): Bryan Hudson, Helena Berger, Jeremy Buzzell, Jenifer Simpson, Brewster Thackeray

 

Airport Security: AAPD Asks TSA to Uphold Civil Rights

by Jenifer Simpson, AAPD Senior Director for Government Affairs 

On October 5, 2011, AAPD met with key staff from the Transportation Security Administration (TSA), the division within the U.S. Department of Homeland Security that focuses on airport security in regard to airline departures.  The purpose of the meeting was to learn more about how TSA addresses complaints and concerns by people with disabilities and what is TSA’s approach to resolution. AAPD, for instance, has heard several times anecdotal stories about egregious behavior by TSA staff or TSA-contracted staff at some airports and we wanted to learn more how these would be handled now that this office is staffed fully.

Attending the meeting for AAPD were Helena Berger, E.V.P. and Chief Operating Officer and Jenifer Simpson, Senior Director for Government Affairs. Staff from the relatively new TSA Office of Disability Policy and Outreach (ODPO) included Jeremy Buzzell, Senior Policy Advisor (formerly at U.S. Department of Education), Bryan Hudson, Program Analyst (formerly with the Rhode Island Protection & Advocacy Agency for People with Disabilities), and Brewster Thackeray, Senior Policy Advisor (formerly with AARP and NOD). 

AAPD learned that ODPO’s charge is to address disability policy issues and civil rights/consumer concerns specific to security issues at airports. This would include investigating complaints where people feel wronged or where the rights of people with disabilities have been violated, such as under Section 504 of the Rehabilitation Act or under the Americans with Disabilities Act (ADA). 

At the meeting, AAPD learned that TSA’s ODPO will resolve complaints and concerns generally within thirty days of receiving a letter, call or email from a consumer.  In almost all cases, ODPO will directly respond to the concern and conduct investigatory activities. In some cases, they may forward the concern to the correct legal entity when it is not in their jurisdiction (e.g., it’s really a complaint under the Air Carrier Access Act). Where they uncover systemic problems ODPO can advise the appropriate Training, Enforcement or other entities within TSA to take appropriate steps, including working directly with the TSA Customer Service and Support employees at the nation’s airports.  AAPD was pleased to learn that there is updated Training for TSA employees, with a national curriculum that includes disability topics. AAPD is anticipating a report from TSA-ODPO once it has reviewed the 2010-2011 year of data it has collected about concerns and complaints. We would expect to see description of any steps TSA would take to address the most common concerns – such as about metal implants or about  airport practices that generate significant concerns.

Central to TSA ODPO’s strategy is to work with disability organizations regularly to provide information – to educate and make aware – about new TSA procedures and technologies used. They are developing more informational Fact Sheets, FAQs and better website information for this purpose.  ODPO is also working directly with a coalition of disability organizations which meets quarterly to learn more about how TSA operates and where organizations’ can share their concerns directly with TSA officials and with ODPO.

 

To submit a disability concern, inquiry or complaint to TSA, send an email to TSA.ODPO@TSA.DHS.gov

 Or write them directly at Transportation Security Administration, Director, Office of Civil Rights, 601 South 12th Street - West Tower, TSA-6, Arlington, Virginia 20598

When complaining, be sure to include in writing an explanation of the complaint. This should include the name of the airport, your flight information, date/time of the incident, and if possible the name of the employee. The ODPO staff AAPD met with emphasized that the sooner a complaint is made after an incident the better they can resolve it.

For more information on what TSA is saying to people with disabilities, visit http://www.tsa.gov/travelers/airtravel/specialneeds/before_you_go.shtm

Summary information on the Air Carrier Access Act at http://airconsumer.dot.gov/publications/disabled.htm

To file a complaint under the Air Carrier Access Act, go to http://airconsumer.dot.gov/CP_DisabilityandDiscrimination.htm

Lelarn more about TSA’s new screening pilot program – PreCheck, a voluntary program to allow expedited security checking -- started Oct. 4 at four pilot airport sites (Hartsfield-Jackson Atlanta International, Detroit Metropolitan Wayne County, Dallas/Fort Worth International and Miami International airports). More on this pilot program at  http://www.tsa.gov/press/releases/2011/1004.shtm

 

 

 

Chipotle Loses Disability Access Case

via Disablog (4.26.11):

Chipotle Loses Disability Access Case

Maurizio Antoninetti sued Chipotle Mexican Grill arguing that the restaurant chain’s 4-foot counters were too high for people using wheelchairs. On April 18, 2011, the U.S. Supreme Court upheld a ruling made by the Federal Court of Appeals last year which found in favor of Antoninetti saying that the counter “significantly reduced Antoninetti’s ability to enjoy the ‘Chipotle experience.’”  Chipotle has said they will be retro-fitting the counters in their restauraunts to make them accessible to wheelchair users. Now my only question is - what about other restaurants like Subway, Qdoba, etc? Are they already in compliance with the law, and Chipotle just dropped the ball?

>>>To View this Blog Post

Watch AAPD's First Virtual Town Hall on YouTube

From AAPD (7.8.11):

Watch AAPD's Virtual Town Hall on YouTube

People with disabilities from across the country watched, listened to, and questioned AAPD's new President and CEO in our first ever Virtual Town Hall on June 29.  The event was also live tweeted at @AAPD.  If you were not able to participate on the day of the event, you can still watch and listen to the event which has been captioned and posted to YouTube.  Topics of discussion included voting, employment, Medicaid cuts, and more.  Viewers asked questions about getting involved in the legislative and electoral processes and how to improve educational access for kids with disabilities.  The discussion was lively and informative. Furthermore, Mark shared his vision for our organization and his plan include more town halls.  So check out this event and check back for information about the next town hall.

>>> To Watch the Virtual Town Hall

Have You Experienced Disability-Based Discrimination by Wells Fargo/Wachovia?

via the Department of Justice (6.28.11):

We need your help in informing individuals with disabilities about a settlement agreement with Wells Fargo and its claims process.

 Please feel free to forward this email on to others.

 On May 31, 2011, Wells Fargo & Company (Wells Fargo) entered into a settlement agreement with the U.S. Department of Justice. The Agreement requires Wells Fargo to compensate (pay) certain individuals who experienced disability discrimination in violation of Title III of the Americans with Disabilities Act (ADA) when trying to call Wells Fargo or Wachovia, visit one of Wells Fargo or Wachovia's banks or retail stores, or otherwise access Wells Fargo or Wachovia's services before May 31, 2011.

Any person who experienced disability-based discrimination that happened before May 31, 2011 in violation of Title III of the ADA based on something Wells Fargo or Wachovia did or didn't do may be eligible for compensation under this Settlement Agreement.  All types of disability discrimination can be claimed; for example, physical inaccessibility at bank branches, refusal by a Wells Fargo bank branch to provide documents in alternate formats, policies that cause barriers to equal access by individuals with disabilities, and refusal to accept relay calls are just a few types of discrimination based on disability. 

The deadline to file a claim for compensation is January 29, 2012. If you or someone you know may be eligible, it is important that you or that person file a claim for compensation by January 29, 2012. No claims will be accepted after January 29, 2012.

You can begin the process of filing a claim by sending your name, address, email address, and day and evening telephone numbers by email to WFclaims@usdoj.gov or by leaving a message at 1-866-708-1273 (voice mail) or 1-866-544-5309 (TTY).

This claims process also helps us identify ADA violations to be fixed by Wells Fargo – i.e., physical inaccessibility at retail stores and policies that cause barriers to equal access by individuals with disabilities. Please visit www.ada.gov/wells_fargo/ for more information about the settlement or the claims process.

ACT QUICKLY! The time period for filing a claim, established by the settlement agreement, ends on January 29, 2012.

EEOC Looks at Disparate Treatment in 21st Century Hiring Decisions

via AAPD (6.24.11):

EEOC Looks at Disparate Treatment in 21st Century Hiring Decisions

By Julia Feinberg, AAPD Policy Intern

On Wednesday June 22, 2011, AAPD attended the U.S. Equal Employment Opportunity Commission’s (EEOC) meeting on “Disparate Treatment in 21^st Century Hiring Decisions,” held in Washington, D.C. The EEOC is chaired by Jacqueline Berrien with Stuart Ishimaru, Constance Barker, Chai Feldblum, and Victoria Lipnic as Commissioners.  The meeting looked at how discrimination during the hiring process affects minorities, including people with disabilities.  Nine witnesses were called to provide evidence and discuss the impacts of disparate hiring practices. 

During the opening statements, all Commissioners noted that working is not only important financially but also for an individual’s sense of self-worth and connection to their community.  They also noted the difficulty of reporting and getting information to people who have been discriminated against in the workforce.  It was discussed many times during the hearing that often people do not know they have been victims of hiring discrimination. 

Recent Cases: EEOC General Counsel David Lopez described a successful court case where two deaf men were refused employment by Wal-Mart.  The Courts ruled in the men’s favor and, as part of the settlement, a television ad was played for several weeks promoting the employment of people with disabilities.  This ad was shown in the hearing and had a visible affect on the Commissioners.  Lopez also described a clip from an ABC show “What Would You Do?” where two deaf women applied to be kitchen workers in a café and were refused jobs.  While some customers stood up to the discrimination they saw, others gave the manager legal advice saying he should have accepted their applications and not called them instead of outright saying he wouldn’t hire them because they were deaf.  These “advisors” were professional recruiters and managers.

Silent or Covert Discrimination:  The first two panels focused on “silent discrimination,” where the employer doesn’t outright say or show that he or she is discriminating.  This was a recurrent topic throughout the meeting.  It especially came up during discussion of contingency or temporary staffing agencies, that is, companies that match employers with employees looking for work.  Since hiring laws are different for the contingency agencies, many companies can get away with discriminatory hiring practices by using these types of companies.

Bill Lann Lee, an attorney at Lewis, Feinberg, Lee, Renaker, & Jackson on the first panel called this “covert discrimination.”  Grace Speights, attorney at Morgan, Lewis, & Bockius, and Katherine Kores, an EEOC District Director in Memphis were also on the first panel. The second panel was composed of Supervising Trial Attorneys Kate Boehringer and Diane Smason at the EEOC Baltimore and Chicago offices, respectively, with Ana Lopez and Jeannette Wilkins as Charging Party Members in two major EEOC cases.  This panel highlighted the real life challenges of workforce discrimination and gave an in-depth look at how companies use covert discrimination.

Research and Training Issues: Marc Bendick from Bendick & Eagan Economic Consultants and General Counsel Rae Vann from the Equal Employment Advisory Council, a non-profit employer association, discussed discrimination research and training on the third and last panel.  Bendick provided staggering statistics about the prevalence of discrimination in the workforce and also specific industries that were especially “hard core discriminators.”  For instance, he said that 20-25 % of people have encountered hiring discrimination across all fields of the workforce.  Advertising and construction industries were among the worst with about 67% discriminating against applicants.

 

Vann concluded the meeting by outlining the training programs that the EEAC has developed over the past few decades to reduce workplace discrimination.  The hope is to change the attitude within all offices so that anti-discrimination is company policy, not just federal law.

Resources: To file an EEOC complaint or “charge,” go to the link http://www.eeoc.gov/employees/charge.cfm

To learn more about ADA and disability employment protections go to http://www.eeoc.gov/laws/types/disability.cfm

 

Question:  Have you experienced silent or covert discrimination as a person with a disability seeking or maintaining employment? Please comment in the box below or tell us via email to Policy@aapd.com

 

 

DOJ Intervenes in Texas Case to Enforce Olmstead

via The Department of Justice (6.22.11): 

Justice Department Moves to Intervene in Texas Case to Enforce the Supreme Court’s Olmstead Decision

The Justice Department today filed papers seeking to intervene in Steward, et al. v. Perry, et al., a case filed on behalf of thousands of Texans with developmental disabilities to enforce their right under the Americans with Disabilities Act (ADA) to receive services provided by the state in the most integrated setting appropriate to their needs...

The proposed complaint by the United States, which must first be approved for filing by the U.S. District Court in San Antonio alleges that Texas unnecessarily segregates individuals with developmental disabilities in nursing homes instead of providing them the opportunity to receive integrated, community-based services. The proposed complaint also alleges that Texas places individuals with developmental disabilities who currently live in the community at risk of unnecessary placement in nursing facilities by failing to provide necessary community-based services in violation of the ADA and Section 504 of the Rehabilitation Act...

>>>For the Full Press Release

 

 

Know Your Rights! DOJ Issues New Technical Assistance Document on Enforcement of Olmstead

via The Department of Justice (6.23.11):

Justice Department Issues Technical Assistance Document on Enforcement of the Supreme Court Decision in Olmstead v. L.C.

WASHINGTON – The Department of Justice released a new technical assistance document describing public entities’ obligations and individuals’ rights under the integration mandate of title II of the Americans with Disabilities Act (ADA) and the 1999 landmark Supreme Court decision, Olmstead v. L.C.  The Olmstead decision held that the ADA requires public entities to provide community-based services to persons with disabilities when such services are appropriate; the affected persons do not oppose community-based treatment; and community-based services can be reasonably accommodated.  The document also provides questions and answers on a variety of ADA enforcement issues related to Olmstead. 

Additionally, in commemorating the 12^th anniversary of the Olmstead decision yesterday, the department launched a new section of its ADA website, www.ada.gov/olmstead, providing information and resources about the decision and its enforcement. In addition to the newly created technical assistance document, users can visit the site to find briefs filed by the Department, as well as other materials relevant to this important area of law. 

The ADA website provides easy access to an extensive collection of ADA technical assistance materials and settlement agreements, as well as information about enforcement, mediation, technical assistance and certification activities and links to other sites with ADA information. The addition of the new Olmstead section of the site will provide critical information to individuals with disabilities, advocates and state and local officials responsible for complying with the ADA’s integration mandate...

 

>>>To Read the Full Press Release

 

Knowledge is power! How will you help spread the word about this crucial information? Share your thoughts in the comments below.

Olmstead Champion Meets the President

via the White House blog (6.22.11):

Olmstead Champion Meets the President

by Sue Jamieson

The memories of living in institutional settings since the age of 13 will always be with Lois Curtis even though her life today is beyond what she ever could have imagined when she made the first of many brave phone calls to my office at the Atlanta Legal Aid Society saying, “I want to get out!” The journey (and struggle) from that day includes an historic Supreme Court decision, a home of her own and a successful career as an artist. And now, a meeting with President Barack Obama in the Oval Office as we observe the 12th anniversary of the Olmstead decision.  

The Olmstead story began long before the Supreme Court decision. Lois and another plaintiff, Elaine Wilson (who passed away in 2004), were in a state psychiatric hospital in Georgia. They filed suit in 1995 seeking disability services in the community...

...And, as we all now know, the U.S. Supreme Court eventually held that the unjustified institutional isolation of people with disabilities is a form of unlawful discrimination under the Americans with Disabilities Act, thus taking a giant step forward for the millions of people with disabilities across the country.

Lois’ story did not end after that landmark Supreme Court decision. In fact, that decision launched a new journey. After living in staffed residential homes since her release from the institution, Lois now rents a beautiful home in the Stone Mountain area of Georgia...

>>>To Read the Full Post

 

On this 12th anniversary of Olmstead, how can we honor Lois and Elaine's legacy? Please share your thoughts in comments below.

Transportation Security Administration Criticized for Treatment of Passenger with Severe Mental Illness

via the Association for Airline Passenger Rights (6.15.11):

Association for Airline Passenger Rights Expresses Outrage Over TSA's Treatment of Passenger with Severe Mental Illness; Cruel Treatment Exhibited by TSA Agents Warrants Immediate Review

The Association for Airline Passenger Rights ("AAPR") today expressed outrage over the Transportation Security Administration's ("TSA") cruel treatment toward a 22-year old passenger with several mental illness despite concerns expressed by his family that he had the mental capacity of a 2-year old. The incident, which occurred at Metro Detroit's McNamera Terminal (DTW) while the family was flying to Disney World, demonstrates that an immediate need exists for TSA's to review its policies to prevent future abuse and humiliation of passengers with physical, sensory, cognitive and mental disabilities. AAPR contends that the incident violates the spirit of the Air Carrier Access Act of 1986 (ACAA).

"We don't accept airlines violating the rights of passengers with disabilities, and we need to hold our government to the same basic standards," argued Brandon M. Macsata, Executive Director of the Association for Airline Passenger Rights. "This sort of inexcusable treatment of a passenger with severe mental disabilities, who was under parental supervision at the time nonetheless, cannot and must not be tolerated. If it wasn't a violation of the ACAA law - which is designed to protect very basic rights afforded to passengers with disabilities - then it surely goes against the spirit of the law"...

>>>To Read More on This Incident...

Do YOU have a travel horror story? Please share your experience below or send to policy@aapd.com.