JFActivist

Low Pay Rates for PWD: Exploitation or Opportunity?

via The Columbus Dispatch(5.22.11):

Far below minimum wage

Some say low pay for the disabled is immoral; others view the federal law as a godsend

By Jill Riepenhoff

Thousands of adults with Down syndrome, autism and other developmental disabilities work in Ohio at jobs that pay less money than a teen-age baby sitter earns.

Some clean hotel rooms for 40 cents an hour. Others sew table linens for 79 cents an hour. Some assemble automotive parts for $2.15 an hour or answer telephones for $3.75 an hour.

The majority don't earn half of the state minimum wage of $7.40.

A little-known provision in the 73-year-old federal wage law allows employers to pay less than minimum wage if adults have disabilities that limit their productivity.

The Fair Labor Standards Act once dictated how little was too little to pay a worker. But today, there is no floor, clearing the way for some to earn as little as a penny an hour.

The wage issue has divided the very community that seeks the highest quality of life for people with disabilities. The difference of opinion is stark:

"It's immoral," said Curtis L. Decker, executive director of the National Disability Rights Network.

"This has been a godsend," said Ted Williams, whose autistic son earns a low wage at his job in Columbus...

>>>For the Full Article

With critics saying low wages show that people with disabilities are being exploited and supporters saying the pay rates reflect opportunities, where do you stand? Share your thoughts in the comments below.

Judge Rotenberg School Founder Steps Down After Indictment

From Disability Rights International (5.26.11):

Director of Massachusetts "Shock School" Resigns After Being Indicted on Criminal Charges

Dear Supporters,

Today, we can celebrate a small victory. The director of the Judge Rotenberg Center (JRC) of Massachusetts, which uses electric shocks to punish children and young adults with disabilities, has resigned in the face of criminal charges. Disability Rights International documented the use of electric shock and long-term restraints at this facility in our report Torture not Treatment published last year.

Matthew Israel, founder and director of JRC, was charged with misleading a grand jury and destroying evidence in relation to an incident in 2007 in which a prank phone call to the center from a person posing as an employee led to two children with disabilities being given dozens of electrical shocks for absolutely no reason. One of these children was restrained and given 77 shocks over three hours.

Yesterday, Israel accepted a court settlement which requires him to resign as director, and sentences him to five years of probation...

>>> For More from DRI

More Coverage Below

via The Washington Examiner (5.25.11):

Court indicts founder of Mass. special-education school

via NPR (5.26.11):

Founder Forced To Leave Controversial Special Needs School

via the Canton Patch (5.26.11):

Judge Rotenberg Center's Founder Responds to Indictment, Allegations

via The Boston Globe (5.25.11): 

Rotenberg founder set to face charges

Matthew Israel's tactics have been condemned as barbaric and savage by many top medical and mental health professionals.

 By Patricia Wen and Brian McGrory

The founder of the controversial Judge Rotenberg Educational Center is scheduled to face criminal charges in Dedham today arising from a night in 2007 when two special needs teenagers at the center were wrongfully administered dozens of electrical shocks, according to the father of one of the victims and another person with knowledge about the case.

In a deal reached with the state attorney general's office, Matthew Israel, 77, is expected to be spared prison time in return for stepping down from the Canton-based center that he founded 40 years ago and accepting a five-year probationary term, said Charles Dumas, the father of one of the two victims in the 2007 case who said he spoke yesterday with prosecutors. As part of the agreement, the school's day-to-day activities will also be overseen by a court-approved monitor...

>>>For the Full Article

 

The Rotenberg Center consistently receives state approval to continuing operating, despite administering skin-shock treatments to students as a disciplinary measure. How can this story be used to advocate against the use of seclusion and restraints? Share your thoughts in comments below.

DOJ Files Lawsuit Alleging Disability-Based Housing Discrimination at MS, LA, TN Apartment Complexes

via the Department of Justice (5.19.11): 

Justice Department Files Lawsuit Alleging Disability-Based Housing Discrimination at Nine Apartment Complexes in Three States

The Justice Department today filed a lawsuit against the owners, developers and design professionals involved in the design and construction of nine multi-family housing complexes in Mississippi, Louisiana and Tennessee.   The nine complexes comprise more than 2,000 apartments with more than 800 ground-floor units that are required by the Fair Housing Act to contain accessible features.   Eight of the complexes contain leasing offices that are required by the Americans with Disabilities Act (ADA) to contain accessible features...

>>>To Read the Full Press Release

Do you have personal experiences with disability-based housing discrimination? Please share those experiences in comments below.

NY Medicaid Budget Cuts Triggering Illegal Cuts in Home Health Services - Federal Court Suit Filed

From Selfhelp Community Services, Inc. (4.29.11):

Medicaid Budget Cuts Triggering Illegal Cuts in Certified Home Health Services -- Know Your Client's Rights - Federal Court Suit Filed

A federal lawsuit has been filed challenging arbitrary cuts in Medicaid Certified Home Health Agency (CHHA) services, precipitated by changes in reimbursement enacted in the State budget , some of which were effective immediately - on April 1, 2011.   Click here for the Press Release by the New York Legal Assistance Group describing the lawsuit and giving contact information for people affected by these cuts.  Click here to see the Complaint.

The changes in reimbursement and other budget changes are described here Fundamental Changes to NYS Medicaid in 2011 State Budget.   None of these changes requires or allows immediate reduction or termination of CHHA services.

Since April 1st, there have been numerous reports of some CHHAs sharply reducing hours of home health aide services, or of refusing to reinstate home health aide services after their patients were hospitalized or in short-term rehabilitation.  CHHAs have misinformed patients and their families that Medicaid law no longer allows 24-hour care.  These actions violate existing state law and regulations. 

On April 8, 2011,  the State Commissioner of Health sent all CHHA administrators a directive reminding them of some of the requirements under state law.  See DOH Letter April 8, 2011. 

On April 15, 2011, the Commissioner issued a second Dear Administrator Letter further fleshing out the existing due process protections of CHHA applicants and recipients.  See DOH Letter April 15, 2011.

On  April 21 , 2011, the New York Legal Assistance Group filed a lawsuit in federal court in the Eastern District of New York, challenging these cutbacks and seeking to restore home care services for individual clients. See news article , the complaint, and their press release. 

The State letter confirms that these changes in reimbursement alone do not allow CHHAs to reduce home health aide services that were previously authorized.  Similarly, if a CHHA client is hospitalized, or in  temporary short-term  rehabilitation, these changes do not allow the CHHA to abandon them -- the CHHA must reinstate the same home health services after the hospital or rehab stay is over, if the client continues to need the services as prescribed by his/her treating physician...

WHAT TO DO:  

1.  Make sure the treating physician provides the CHHA with a written statement of their professional  opinion as to the medically necessary amount of home health aide services needed by their patients.

2.  Request a Fair Hearing if hours are reduced or if services are not reinstated in the amount provided before a temporary hospital or rehab stay.    Make sure to request AID CONTINUING.  Provide the name and contact number of the CHHA and a copy of the treating physician's written statement if you have it.   To request a hearing,  go to this site http://projectfair.org/request_form.html (except note that in-person requests in NYC can no longer be filed at 330 W. 34th Street).

3.  If you need legal advice or representation, call one of the following:

• New York Legal Assistance Group -- (212)-613-5000 (advice and representation)(NYLAG is counsel in the lawsuit challenging these cuts in CHHA servicess)
• Selfhelp Community Services  - (212) 971-7658 (advice only)
• Legal Aid Society Health Law Unit (212) 577-3575 (advice only)
• Empire Justice Center (800) 635-0355 (technical assistance to professionals - outside of NYC)

4.  In addition to (not instead of) requesting a fair hearing,  file a complaint with the NYS Dept. of Health -

The New York State Department of Health, Division of Home and Community Based Care is responsible for investigating complaints and incidents for home care agencies and hospices in New York State. The federally mandated Home Health Hotline (1-800-628-5972) can be called 24 hours per day, seven days per week. The hotline is manned by Division of Home and Community Based Care staff from 10 a.m. to 4 p.m. Monday through Friday. Complaints and incidents may also be submitted by fax (518-408-1636) or by mail to:

Bureau of Home Care/Hospice Surveillance and Quality Indicators/Evaluation

161 Delaware Avenue

Delmar, New York 12054

Alternatively, you may send an e-mail to hmhscsurv@health.state.ny.us with the nature of the complaint. We also would appreciate if you would optionally provide us with your e-mail address, contact number, and name, so that we may contact you promptly regarding the complaint.

>>> For More Information

Starbucks Refuses to Accommodate Little Person, EEOC Steps In

Via Forbes.com (5.17.11):

Starbucks gets lawsuit for firing a dwarf in Texas 

Associated Press

EL PASO, Texas -- The Equal Employment Opportunity Commission is suing Starbucks for firing a dwarf who asked for a stool to perform her job as a barista at an El Paso, Texas shop.

An EEOC statement said the lawsuit was filed Monday in federal court in El Paso. It alleges that Starbucks fired Elsa Sallard after three days of training because it deemed she'd pose a danger to customers and coworkers. The EEOC contends Starbucks' actions violated the Americans With Disabilities Act.

The agency also seeks lost wages and compensatory damages for Sallard and a court order that Starbucks adopt policies to correct and prevent disability discrimination.

Starbucks said in a statement that their policies provide for equal employment opportunities and strictly prohibit discrimination on the basis of disability.

>>>To View the Article

>>> For the EEOC Press Release

Have you had personal experiences with ADA violations? Please share those experiences in the comments below.

Neglected to Death in Florida

via The Miami Herald (5.8.11):

At Homes for the Mentally Ill, a Sweeping Breakdown in Care

The Miami Herald found that special homes for people with mental illness are often shoddily run, with residents left without critical psychiatric and medical help.  

By Carol Marbin Miller, Rob Barry and Michael Sallah

For the residents of Hillandale, punishment was swift and painful: violent takedowns, powerful tranquilizers that made them stumble and drool, and staffers who would scream and tackle them when they misbehaved.

Last April, the staff protested the removal of a 47-year-old man — frail and mentally retarded — who said he wanted to move, while residents shouted and blocked the path of state workers trying to safely escort him from the home.

While most assisted-living facilities (ALFs) are designed to care for the elderly — providing help with everyday tasks — Florida licenses facilities like Hillandale to also care for people with severe mental illness. Created a generation ago, the special homes were the state’s answer to providing housing for thousands left in the streets after the historic closings of Florida’s psychiatric institutions.

But The Miami Herald found dozens of the homes are so poorly run that residents are forced to languish without crucial needs — including medication and psychiatric help — leaving their care to police and rescue workers.

The Herald’s examination of Florida’s 1,083 homes for people with mental illness, including a review of state inspection reports, police investigations, court records and interviews with mental health experts, found:

•  Regulators find nearly twice the rate of abuse and neglect at the special homes, including caretakers beating and sexually molesting residents.

•  State agents have caught nearly 100 homes using illegal restraints since 2002 — including doping residents with tranquilizers without doctor’s approval, tying them with ropes and locking them in isolation rooms — only to catch them doing it again.

•  Florida’s requirements to run a home for people with mental illnesses are among the lowest in the nation: a high school diploma and 26 hours of training — less than the state requirements for barbers, cosmetologists and auctioneers.

•  Caretakers are routinely caught intoxicated, asleep and even abandoning their posts entirely — often with severe consequences to residents, but rarely to the operators.

>>>For the Full Article

What steps do you feel should be taken to bring these facilities to justice and offer mentally ill Florida residents the care they deserve? Please share your thoughts below.

 

‘Shouldn’t School Be Safe?’ A New Guide to Responding to Seclusion and Restraint

From TASH (5.16.11):

New TASH Parent Guide on Prevention, Identification and Response to Restraint & Seclusion

 The process of finding help when a child is abused is not always clear, and many parents are discouraged or overwhelmed by the patchwork of laws and regulations handling restraint and seclusion in schools. For this reason, TASH has released a new parent guide, Shouldn’t School Be Safe?, available as a free resource at TASH.org. Shouldn’t School Be Safe? was developed for parents and by parents, and offers insight and advice to respond to and prevent restraint and seclusion.

 >>>Learn more about this free guide and download it here

DC: Charter Schools Leave Students with Disabilities Behind

From the Washington Post (5.12.11):

Advocates accuse D.C. charter schools of excluding the disabled
By Bill Turque

The District’s public charter schools discriminate against students with disabilities — especially those with significant needs — in their admissions policies and often steer them instead to expensive private schools, special education advocates contend in a complaint filed Thursday with the Justice Department.

The city’s 52 publicly financed, independently operated charter schools, which educate nearly 29,000 students, are supposed to be open to all, with admission by lottery when demand exceeds available slots. But attorneys for the Bazelon Center, a nonprofit legal advocacy group, cite data showing that the city’s traditional public schools serve far more students with the highest level of needs than the charter schools do...

...The complaint places the District at the leading edge of an emerging national debate over whether the charter school movement — born with the objective of providing more public education options — is adequately serving students with special needs.

Last month, a federal judge refused to dismiss a lawsuit against the Louisiana Department of Education brought by the Southern Poverty Law Center on behalf of thousands of New Orleans special education students. The lawsuit alleges that students are denied access to the city’s charter schools...

>>> For the Whole Article

>>> For a Previous JFA Post on the New Orleans Case

Restraint & Seclusion Re-Introduced in House

From TASH (4.6.11):

Restraint & Seclusion Re-Introduced in House / TASH Announces New Report

Today, Rep. George Miller (D-CA) announced the re-introduction of The Keeping All Students Safe Act in the House of Representatives. This bill, which originally passed the House in March 2010, is intended to provide a federal baseline of protections against harmful restraint, seclusion and aversive interventions used on U.S. school children. These practices, which pose a significant threat to children with intellectual and developmental disabilities, often lead to physical and emotional trauma, and occasionally death.

In conjunction with this announcement, TASH is releasing The Cost of Waiting, a report on the implications of inaction. After the Senate failed to bring the counterpart to this legislation to the floor for a vote in 2010, this report is a reminder there is a true cost of waiting. Each day that passing without federal protections, is yet another day in which our nation’s children are vulnerable to abuse.

Please join us in spreading the word about this legislation the TASH report, The Cost of Waiting. More information, including a downloadable version of the report, can be found at TASH’s website: http://wp.me/p1m4UA-uc

 

Panera Accessibility Survey

From the Equal Rights Center (4.7.11):

Panera Accessibility Survey

The Equal Rights Center is a national, non-profit civil rights organization that promotes equal opportunity in a variety of areas, including disability rights.  The ERC has obtained information that people with disabilities may be encountering barriers to accessibility at Panera Bread Bakery-Cafes.

If you or your constituents have personal knowledge about issues of accessibility at any Panera Bread restaurants, or know of someone who does, please contact the Equal Rights Center at 202-234-3062 and speak with one of our disability rights specialists, or email us at www.equalrightscenter.org/complaints.

Originally formed in 1983, the ERC is a national non-profit civil rights organization based in Washington, D.C.  With members located in 42 states and the District of Columbia, the ERC works nationally to promote equal opportunity in housing, employment, disability rights, immigrant rights, and access to public accommodations and government services for all protected classes under federal, state, and local laws.

Are you a member of the ERC?  If not, please consider joining today!  Our members are our greatest source of input on important issues and we strive to keep our members educated about important issues in civil rights.  While we have 4 levels of membership, general membership is free.  To join, please visit our website.

Thank you for your help.  Please share with your staff, constituents, and anyone else you’d think might be able to share a story!