JFActivist

Deaf Professor Wins Suit Over Firing

via Amarillo Globe-News (5.28.11):  

Deaf Professor Wins Suit Over Firing

A Lubbock County jury has decided Texas Tech University should pay a former professor more than $500,000 for discriminating against him because he is deaf.

Michael L. Collier, a deaf, tenure-track assistant professor hired to teach American Sign Language and other courses relating to deaf culture, was abruptly dismissed in October 2006.

The jury found Collier's disability was directly related to his termination...

"We wanted to show Tech it's wrong to bully a disabled person," said Bob Schmidt, one of Collier's attorneys.

He said the damages and pay the jury awarded Collier made it clear it is not OK for the university to treat disabled professors like second-class citizens.

>>>For the Full Article

 

How do you feel higher education institutions can increase inclusion for not only faculty members, but staff and students with disabilities as well? Please share your thoughts in comments below.

Wells Fargo Seeks to Ensure Equal Access for PWD, Sets Example for Major Financial Institutions

via the Department of Justice (5.31.11):
 

Justice Department Reaches Americans with Disabilities Act Settlement with Wells Fargo

WASHINGTON – The Justice Department announced today a comprehensive settlement agreement under the Americans with Disabilities Act (ADA) with Wells Fargo & Company to ensure equal access for individuals with disabilities to Wells Fargo’s services nationwide, including its nearly 10,000 retail banking, brokerage and mortgage stores, over 12,000 ATMs, and its telephone and website services.

The agreement resolves numerous ADA complaints filed by individuals who are deaf, are hard of hearing or have speech disabilities who allege that Wells Fargo would not do business with them over the phone using a telecommunications relay service...

“Individuals who have disabilities must not be denied equal access to the services offered by financial institutions simply because of their disability. Wells Fargo has shown that it is committed to equal access and effective communication with its customers who have disabilities,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “The department is aware that other major financial institutions are refusing to communicate with individuals with disabilities who use relay services to communicate by telephone. These refusals are discrimination, and other financial institutions must follow Wells Fargo’s example and accept relay calls immediately”...

>>>To Read the Full Press Release...

 

In addition to accommodating the need for relay services, how do you feel financial institutions can improve accessibility? Please share your thoughts in comments below. 

You're Invited: AAPD Policy Forum on ADA Amendments Implementation

From AAPD and Cornell (5.16.11):

Implementing the Americans with Disabilities Act Amendments Act:
The EEOC Regulations

-       Attend In-Person or Online    -

Register Now: http://www.ilr.cornell.edu/edi/register/policyforum.cfm

When: Friday, June 3rd, 2011 12noon to 2pm                                                           

Where: Cornell University Government Affairs Office
Hall of States, Room 383
444 North Capitol Street, Northwest
Washington, DC 20001

or online at a site distributed to registered attendees

Who

Introduction: Susanne Bruyère, Cornell University, Employment and Disability Institute

Facilitator: Robin L. Shaffert, Senior Director of Corporate Social Responsibility, AAPD

Speakers:

• Hon. Chai Feldblum, Commissioner, EEOC
• Hon. Victoria A. Lipnic, Commissioner, EEOC
• Michael Eastman, US Chamber of Commerce
• Sandy Finucane, Epilepsy Foundation

Contact:   Sara VanLooy, Cornell University Employment and Disability Institute
email: [email protected]
telephone: (607) 254-6581

We request that you register online to ensure adequate seating, security clearance and request any necessary accommodations. You can register at: http://www.ilr.cornell.edu/edi/register/policyforum.cfm. You can attend the Policy Forum in person or via webinar.

>>>Download AAPD Cornell ADAAA Forum Flyer 5.17.11

EEOC Announce ADA Amendment Rules, White House and AAPD Applaud

From AAPD (3.24.11):

AAPD Applauds EEOC on Final Regulations Under ADA Amendments Act

EEOC issues bipartisan regulations reiterating the broad scope of coverage under the ADA

The American Association of People with Disabilities (AAPD) commends the EEOC for issuing bipartisan regulations implementing the Americans with Disabilities Act (ADA) Amendments Act.

The regulations will greatly simplify the determination of whether a person has a disability and allow courts and other decision makers to turn quickly to determining whether unlawful discrimination has occurred in the workplace...

For the full AAPD Press Release go to http://bit.ly/idPkBd

*************************************************************

From the White House (3.24.11):

Improving Employment Access for Americans with Disabilities

Last July, I had the tremendous honor of kicking off the Administration’s observance of the 20^th anniversary of the Americans with Disabilities Act (ADA) and to then welcome hundreds to the White House as President Obama commemorated that extraordinary Anniversary. It was a momentous occasion as we listened to the President’s powerful speech and witnessed the signing of his Executive Order to increase the federal government’s employment of individuals with disabilities.  As Americans, we’re imbued with those fantastic American values, embodied in the ADA, of a strong work ethic and working together to find common ground--all of which keeps us moving forward, diligently working to win the future.

Today, those American values are once again on display. With bi-partisan support, the Equal Employment Opportunity Commission (EEOC) found common ground and today made available for public viewing final Rules on the Americans with Disabilities Act Amendments Act (ADAAA) at http://www.ofr.gov and the rule will be published tomorrow. Significantly, the EEOC considered the interests of both employees with disabilities and employers in carefully crafting regulations that will work for all stakeholders.  Now, millions of Americans with disabilities, including veterans with disabilities, will be able to take one step closer to that level playing field we all seek and have the full opportunity to contribute to one of America’s greatest traditions: hard work...

>>> For the Full Post

DOJ Seeks Comment on Accessible Equipment and Furniture

From DREDF (1.1.11)

Urgent Action Alert!

from the Disability Rights Education & Defense Fund (DREDF) and other disability rights organizations

Department of Justice Seeks Public Comment on Development of New ADA Regulations on Equipment and Furniture

Your Comments Needed by January 24, 2010

Model comments available to assist you on DREDF's website

The U.S. Department of Justice published four Advance Notices of Proposed Rulemaking (ANPRMs) on July 26, 2010, seeking public comment on the development of regulations under the Americans With Disabilities Act (ADA) in new areas, including various kinds of equipment and furniture. Many are critical to the everyday lives of people with disabilities:

    Overview / Introduction

• Medical Equipment and Furniture
• Electronic and Information Technology such as ticket kiosks and point-of-sale devices
• Beds in Accessible Guest Rooms and Sleeping Rooms
• Exercise Equipment and Furniture
• Accessible Golf Cars
• Beds in Nursing Homes and Other Care Facilities
• Other Types of Equipment and Furniture

It is important for DOJ to receive comments from the disability community urging strong regulation to provide genuine full and equal access. Your stories are needed!

There is extensive guidance to assist you at DREDF's website. DREDF's model comments can help you write your own comments.

There is also helpful information on how to file your comments and tips on commenting.

Important: Your comments will have the most impact if you revise our drafts to add your own thoughts, and especially your own personal experiences or those of friends, family, colleagues, or clients with disabilities.

See all the DOJ ANPRMs at www.ada.gov/anprm2010/anprm2010.htm. There are also ANPRMs on access to the Internet, movie captioning and video description, and Next Generation 911 services.

A New Report: 10-Plus Years Since the Olmstead Ruling: Progress, Problems and Opportunities

Press Release from the SCAN Foundation (9.27.10):
 
Report Says Government Should Do More To Keep Older Adults Out of Nursing Homes

Report calls on states to use the implementation of the Affordable Care Act to end Medicaid’s long-standing bias toward funding long-term care in institutional settings such as nursing homes.

In commemoration of the six month anniversary of the health reform law, a new report from the National Senior Citizens Law Center, with support from The SCAN Foundation, calls on states to use the implementation of the Affordable Care Act to end Medicaid’s long-standing bias toward funding long-term care in institutional settings such as nursing homes.

The report, “11 Years Since the Olmstead Ruling: Progress, Problems and Opportunities,” describes steps forward and problems encountered since the landmark Supreme Court Olmstead ruling in 1999. In that ruling, the Court held that the unjustified isolation of people with disabilities in institutions is a form of unlawful discrimination under the Americans with Disabilities Act.

“The true message from the Olmstead ruling is that we need to create a long-term care system that is less reliant on keeping someone in a nursing home,” says NSCLC Executive Director Paul Nathanson. “The implementation of the health reform law provides a unique opportunity to ensure that many more low income older adults receive long-term care in their homes and communities where they prefer to be.” In defining problems that still exist, the report quotes the health reform law: “too small a percentage of individuals are receiving home-and community-based services [HCBS] under the Medicaid waiver programs.”

The report calls on states to participate in expanded HCBS options that are part of the health reform law including Money Follows the Person, a community-based attendant option called Community First Choice, and the State Balancing Incentive Payments Program. It also suggests that both the federal and state governments improve the quality of care and for Congress to emphasize HCBS in the 2011 reauthorization of the Older Americans Act.

Since the ruling, according to the report, progress has been made. Many individuals have successfully transitioned from nursing homes to community settings, but waiting lists for community services have grown considerably. As a result, many individuals have been unable to obtain the care and services they desire. The report also maintains that the ruling, which has been the basis of many legal efforts to compel states to expand HCBS offerings for older Americans, sets the stage for increased emphasis on the use of HCBS nationwide.

“The Olmstead ruling was vital because it changed both law and practice,” said Bruce Chernof, MD, president and CEO of The SCAN Foundation. “Improving our system of home- and community-based care for vulnerable seniors is a tremendous step towards allowing Americans to age how they want and where they want.” The report concludes that increased use of HCBS would bring more dignity and independence to the lives of persons requiring LTSS, and has great potential to reduce federal and state costs over time.

>>> For the Report

US Conference of Mayors Pass Resolution Commemorating ADA's 20th Anniversary

From The United States Conference of Mayors:

COMMEMORATION OF THE PASSAGE OF THE AMERICANS WITH
DISABILITIES ACT 

WHEREAS, the Americans with Disabilities Act (ADA) was signed into law on July 26, 1990, “to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities”; and

WHEREAS, the ADA protects the rights of individuals with disabilities to work, access the benefits of state and local government programs, use transportation services, utilize telecommunications and access public accommodations and commercial facilities; and

WHEREAS, July 26, 2010, marks the 20th anniversary of the passage of the ADA; and

WHEREAS, the ADA has in many instances achieved this goal, by providing millions of people with disabilities greater access to all aspects of community life but recognizing that more work needs to be done to ensure the ADA fulfills its stated purposes; and

WHEREAS, Title II of the ADA requires local governments to ensure that people with disabilities have equal access to the benefits and services provided by their programs; and

WHEREAS, the U.S. Conference of Mayors commemorates the 20th Anniversary of the Americans with Disabilities Act of 1990 by affirming its commitment to its goals of equality and inclusion; and

WHEREAS, the U.S. Conference of Mayors urges its members to examine the progress made by their respective municipalities in meeting the goals of the ADA; and

NOW, THEREFORE, BE IT FURTHER RESOLVED, that the U.S. Conference of Mayors urges its members to renew their commitment to the ADA by establishing ambitious goals to improve access to their programs and services for people with disabilities over the next decade; and

BE IT FURTHER RESOLVED, that in recognition of the fact that state and local governments’ increasingly rely on the internet and other forms of information technology to provide information, programs and services to the public, the U.S. Conference of Mayors urges its members to pay special attention to ensuring that the information and services provided via the internet or other types of information technology is accessible to people with disabilities.

House Resolution Recognizing and Honoring the 20th Anniversary of the ADA

H.RES.1504 -- Recognizing and honoring the 20th anniversary of the enactment of the Americans with Disabilities Act of 1990. (Introduced in House - IH)

HRES 1504 IH

111th CONGRESS

2d Session

H. RES. 1504
Recognizing and honoring the 20th anniversary of the enactment of the Americans with Disabilities Act of 1990.

   IN THE HOUSE OF REPRESENTATIVES

July 1, 2010

Mr. HOYER (for himself, Mr. SENSENBRENNER, Mr. LANGEVIN, Mr. UPTON, Mr. KENNEDY, Mrs. MCMORRIS RODGERS, Mr. CONYERS, Mr. SMITH of Texas, Mr. NADLER of New York, Mr. GEORGE MILLER of California, Mr. WAXMAN, Mr. OBERSTAR, Mr. TOWNS, and Mr. COBLE) submitted the following resolution; which was referred to the Committee on Education and Labor, and in addition to the Committees on Transportation and Infrastructure, the Judiciary, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

--------------------------------------------------------------------------------

RESOLUTION

Recognizing and honoring the 20th anniversary of the enactment of the Americans with Disabilities Act of 1990.

Whereas July 26, 2010, marks the 20th anniversary of the enactment of the Americans with Disabilities Act of 1990;

Whereas the Americans with Disabilities Act has been one of the most significant and effective civil rights laws passed by Congress;

Whereas, prior to the passage of the Americans with Disabilities Act, people with disabilities faced significantly lower employment rates, lower graduation rates, and higher rates of poverty than people without disabilities, and were too often denied the opportunity to fully participate in society due to intolerance and unfair stereotypes;

Whereas the dedicated efforts of disability rights advocates, including Justin Dart, Jr., and many others, served to awaken Congress and the American people to the discrimination and prejudice faced by individuals with disabilities;

Whereas Congress worked in a bipartisan manner to craft legislation making such discrimination illegal;

Whereas Congress passed the Americans with Disabilities Act and President George Herbert Walker Bush signed the Act into law on July 26, 1990;

Whereas the purpose of the Americans with Disabilities Act is to fulfill the Nation's goals of equality of opportunity, independent living, economic self-sufficiency, and full participation for Americans with disabilities;

Whereas the Americans with Disabilities Act prohibits employers from discriminating against qualified individuals with disabilities, requires that State and local governmental entities accommodate qualified individuals with disabilities, requires places of public accommodation to take reasonable steps to make their goods and services accessible to individuals with disabilities, and requires that new trains and buses be accessible to individuals with disabilities;

Whereas the Americans with Disabilities Act has played an historic role in allowing over 50,000,000 Americans with disabilities to participate more fully in national life by removing barriers to employment, transportation, public services, telecommunications, and public accommodations;

Whereas the Americans with Disabilities Act has served as a model for disability rights in other countries;

Whereas all Americans, not just those with disabilities, benefit from the accommodations that have become commonplace since the passage of the Americans with Disabilities Act, including curb cuts at street intersections, ramps for access to buildings, and other accommodations that provide access to public transportation, stadiums, telecommunications, voting machines, and websites;

Whereas Congress acted with overwhelming bipartisan support in 2008 to restore protections for people with epilepsy, diabetes, cancer, depression, and a wide range of other disabilities by passing the ADA Amendments Act of 2008, which overturned judicial decisions that had inappropriately narrowed the scope of the protected class under the Americans with Disabilities Act;

Whereas, 20 years after the enactment of the Americans with Disabilities Act, children and adults with disabilities continue to experience barriers that interfere with their full participation in mainstream American life;

Whereas, 20 years after the enactment of the Americans with Disabilities Act, people with disabilities are twice as likely to live in poverty as their fellow citizens and continue to experience high rates of unemployment and underemployment;

Whereas, 20 years after the enactment of the Americans with Disabilities Act, the largest income support and health care programs continue to operate in a manner that expects people with significant disabilities to be outside the economic mainstream and have limited income and assets;

Whereas, 20 years after the enactment of the Americans with Disabilities Act and nearly 11 years after the Supreme Court's decision in Olmstead v. L.C., many people with disabilities still live in segregated institutional settings because of a lack of support services that would allow them to live in the community;

Whereas, 20 years after the enactment of the Americans with Disabilities Act, new telecommunication, electronic, and information technologies continue to be developed while not being accessible to all Americans;

Whereas, 20 years after the enactment of the Americans with Disabilities Act, many public and private covered entities are still not accessible to people with disabilities; and

Whereas the United States has a responsibility to welcome back and create opportunities for the tens of thousands of working-age veterans of the Armed Forces who have been wounded in action or have received service-connected injuries while serving in Operation Iraqi Freedom and Operation Enduring Freedom: Now, therefore, be it

Resolved, That the House of Representatives-

(1) recognizes and honors the 20th anniversary of the enactment of the Americans with Disabilities Act of 1990;

(2) salutes all people whose efforts contributed to the enactment of the Americans with Disabilities Act;

(3) encourages all Americans to celebrate the advance of freedom and the opening of opportunity made possible by the enactment of the Americans with Disabilities Act; and

(4) pledges to continue to work on a bipartisan basis to identify and address the remaining barriers that undermine the Nation's goals of equality of opportunity, independent living, economic self-sufficiency, and full participation for Americans with disabilities.

Panel to Discuss ADA and Olmstead Enforcement

U.S. SENATE COMMITTEE ON HEALTH, EDUCATION, LABOR,

AND PENSIONS

The ADA and Olmstead Enforcement: Ensuring Community Opportunities for Individuals with Disabilities

Tuesday, June 22, 2010 – 2:30 p.m.

430 Dirksen Senate Office Building

  

Panel I

Thomas Perez, Assistant Attorney General, Civil Rights Division, U.S. Department of Justice, Washington, DC

Cindy Mann, Director, Center for Medicaid and State Operations, U.S. Department of Health and Human Services, Baltimore, MD

Panel II

Robert Bernstein, Executive Director, Bazelon Center for Mental Health Law, Washington, DC

Nancy Thaler, Executive Director, National Association of State Directors of Developmental Disabilities Services, Alexandria, VA

Kelly Buckland, Executive Director, National Council on Independent Living, Washington, DC

Jeffrey Knight, Frederick, MD

Justice Department, Congress, Advance ADA and Web Accessibility

From AFB (4.23.10):

 

ALERT!--With Milestone Justice Department and Congressional Action,
ADA and Web Accessibility to Proudly Take Center Stage

Assistant Attorney General for Civil Rights, Tom Parez, confirmed late last week that the long-awaited refresh of the Justice Department’s Americans with Disabilities Act (ADA) regulations pertaining to state and local government and public accommodations will, when published soon, include provisions bringing greater clarity to the ADA’s applicability to e-commerce. The new rules are expected to favorably resolve, among other things, the question of whether retailers and other public accommodations doing business exclusively online must ensure the accessibility of their online premises to people with disabilities.

Advocates will recall that AFB coordinated the vision loss and disability community’s response to the Justice Department’s proposed ADA rules to call on the Department to address this critical issue and to promulgate rules with more meaningful impact on the wider availability of accessible electronic and information technologies used and offered by government and public accommodations. The call for such modernization of federal rules was most recently joined by the Federal Communications Commission’s own National Broadband Plan which specifically urges the Justice Department and other federal agencies to undertake these significant improvements.

The Assistant Attorney General’s announced commitment came simultaneously with an announcement by the House Judiciary Committee, Subcommittee on the Constitution, to hold a hearing this Thursday, April 22 entitled Achieving the Promise of the Americans with Disabilities Act in the Digital Age: Current Issues, Challenges, and Opportunities. The hearing is intended to highlight the relevance of the ADA to technology and Internet accessibility generally and to further build the record for the expected Justice Department rulemaking.

Confirmed witnesses to testify at the hearing include Mark Richert, AFB Policy Director, Judy Brewer, Web Accessibility Initiative, and Dan Goldstein, Brown, Goldstein and Levy, counsel representing the National Federation of the Blind in its litigation against Target for failure to make Target.com accessible to people who are blind.

Advocates willing to share personal stories about the impact of Internet accessibility or inaccessibility in daily life and who are willing to have such short personal stories considered for inclusion in the official hearing record of AFB’s testimony are encouraged to email such content, no more than the equivalent of one-half printed page, to [email protected].