November 2024
Volume 18 Issue 2
TechOWL: Developing a Program for 3D Printing Assistive Technology
Defining Disability: Navigating the ADA and Gender Dysphoria
Essential Strategies for Creating Accessible Social Media Content
This year, the Office of Federal Contract Compliance Programs (OFCCP) published new practices to encourage the use of apprenticeship programs to attract and retain veterans protected under the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRA). The goal is to help contractors understand how to implement these apprenticeship programs and also include information on how these programs can support equal employment opportunity efforts. Check out the information on these apprenticeship programs.
Under VEVRAA, federal contractors and subcontractors are prohibited from engaging in discrimination in employment practices against veterans and are required to provide equal employment opportunity in recruiting, hiring, promoting, and retaining protected veterans.
The Americans with Disabilities Act (ADA) also provides protections to veterans and other people with disabilities in non-federal employment, such as for those who work for private companies, state or local governments. Learn about ADA civil rights protections for disabled veterans with this resource from the ADA National Network (ADANN), Veterans and the ADA.
Adaptive Wheelchair Seats for Future Air Travel Flights
The Department of Transportation (DOT), Federal Aviation Administration (FAA), and Delta Air Lines are working to allow wheelchair users to fly in their own wheelchairs. The DOT confirmed that concepts for in-cabin wheelchair securement are already working their way through the approvals process.
Bridging the Digital Divide in the IDD Community
The Arc and AT&T are launching an $850,000 collaboration to boost technology skills through accessible digital skills training for people with intellectual and developmental disabilities (IDD). Participants will benefit from plain language materials and adaptive technologies such as screen readers and accessible devices, ensuring everyone can effectively use digital tools.
EEOC Partners With TEROs to Support Tribal Members’ Employee Nondiscrimination Rights
EEOC has created new public service announcements about employment rights in a partnership with Tribal Employment Rights Offices (TERO) directors from the Nez Perce Tribe and Lummi Nation. This includes protection against discrimination in the workplace.
Amazon Pushes Employees to Return to Work with New Policies
Amazon recently told employees with disabilities that it was implementing a more rigorous vetting process, both for new requests to work from home and to extend existing arrangements. Some disability advocates are concerned that Amazon could influence other companies to do the same which they fear will erode pandemic-era gains for people with disabilities who were able to overcome transportation, environmental and other barriers to employment through telework programs.
Study Estimates 1 In 4 Illinois Lawyers Have Been Bullied, Especially Lawyers with Disabilities
The Illinois Supreme Court Commission on Professionalism released a report unveiling data from a study on the prevalence and impact of bullying in the Illinois legal profession. The data shows that, while bullying impacts lawyers from all backgrounds, it disproportionately affects female attorneys, attorneys with disabilities, attorneys of color, younger attorneys, and LGBTQ+ attorneys. Title I of the ADA prohibits workplace harassment based on disability.
Men with Mental Illness Restrained in a Chair for Over a Day at County Jail
The Human Rights Authority of the Illinois Guardianship and Advocacy Commission found that Franklin County Jail violated Illinois County Jail Standards as well as multiple jail policies in its treatment of two men with mental illness. The report stated that the jail restrained two men beyond a 10-hour limit, failed to involve medical and mental health providers in a timely manner, and did not pursue other options for de-escalation, among other failings.
Accessible Gaming for Gamers with Disabilities
Easterseals Crossroads has created a nationwide initiative called ES Gaming, a way to bring disabled gamers together and provide assistive technology, gaming options, and software to support gamers in Indianapolis. Gaming can be a powerful social tool that brings people together who may struggle in traditional social settings, such as those on the autism spectrum.
Court Finds Homeland Security Likely Discriminated Against People with Disabilities
A federal judge found that the Indiana Department of Homeland Security (IDHS) likely discriminated against people with disabilities in its zoning laws around recovery and group homes. The lawsuit, filed by the ACLU of Indiana on behalf of Next Step Recovery Home alleges a decision made by IDHS violates the ADA, the Rehabilitation Act, and the Fair Housing Act (FHA). The ACLU of Indiana won a similar case in 2019, where the court ruled IDHS was discriminating against New Horizons Rehabilitation and is currently involved in six lawsuits where it alleges the state is discriminating against other recovery and group homes.
Resolution to Establish Guiding Principles for Use of AI in Michigan
The Michigan Civil Rights Commission (MCRC) passed a resolution to establish a set of guiding principles for the use of artificial intelligence (AI) in Michigan. One specific principle called for the ability for people to opt out of AI-empowered automated systems in favor of a human alternative, with necessary accommodations for persons with disabilities. MCRC also unanimously passed a resolution in support of Senate Bills 205-207, that would prohibit source of income discrimination in housing. This applies to people who receive disability benefits through social security.
Michigan Senate Committee on Civil Rights Pushes Guardianship Reform Bills Forward
Advocates have stated the bills would add more due process and assistance for those facing guardianship decisions, such as making sure an individual’s rights are clearly explained to them. The bills would also bolster current requirements that a ward can attend their court hearings. The Attorney General’s Elder Abuse Task Force had originally introduced a bill to create an Office of the State Guardian to provide oversight and certification of guardians, but that has been dropped for now. Members of the task force have said they want to get that concept introduced again in the next legislative session.
MSU Program Prepares Students with Disabilities for The Workforce
The Building Opportunities for Spartan Success (BOSS) program on Michigan State University’s campus offers students with disabilities the opportunity to engage in industry-related jobs. BOSS is a two-part program that involves 10 weeks of employment and 15 weeks of weekly classes. The first part offers students work experience and the second part supplies them with the tools to develop professional skills while on the job.
Service Providers to Use State Grants to Aid Those Living with Dementia
Thirty-seven organizations across Minnesota will receive $4.4 million in state grant funds to support creativity and innovation as they assist people living with dementia-related illnesses. The Minnesota Legislature has appropriated $750,000 in dementia grant funding each year since 2015. Recently, additional one-time funding was added to support the expansion and improvement of respite services across the state.
One of Minnesota’s Largest Peer Recovery Service Providers Shuts Down Amid Fraud Allegations
The state Department of Human Services (DHS) Inspector General is investigating Kyros and an affiliated nonprofit for allegedly billing client insurance companies for services they did not receive. Before shutting down, Kyros employed hundreds of peer recovery specialists and also offered telehealth services and virtual substance use assessments — a first step in getting Medicaid-covered treatment. DHS has created a list of support resources to help former clients and is talking with the organizations’ lawyers about how to help clients transition to new providers. DHS is also making a long-term plan for supporting people affected by the sudden closure.
Children with Mental Health Needs Cycle Through Juvenile Justice System, Often Without Options
Young people who are ruled incompetent to stand trial cannot legally be housed in juvenile detention centers and there is often a shortage of beds at residential treatment facilities where they can be housed. According to the article, this means that many Minnesota children with complex mental health needs are left to languish in emergency rooms, be transported to out-of-state facilities, or are sent home to family members who are incapable of managing their severe behavioral disorders. This year 281 young people were referred for placement in the four psychiatric residential treatment facilities, but only 66 got in.
Disability Group’s Federal Suit Claims Ohio Violated Students’ Rights
Disability Rights Ohio (DRO) filed a federal class-action lawsuit in the U.S. District Court, claiming the Ohio Department of Education and Workforce did not protect the Individuals with Disabilities Education Act (IDEA) rights of the more than 500 students placed at the Warren County Educational Service Center (WCESC).
People with Disabilities Face Barriers to Casting Ballots in Ohio
The Ohio Supreme Court has stated that a previous order that limits how voters may use drop boxes can remain in place despite advocate concerns that this will create a barrier to voting for people with disabilities. The order requires someone delivering an absentee ballot for another person to sign an attestation certifying that the person is complying with state law. This means the person must go to the Board of Elections to sign the form. The directive also limits which family members are eligible to drop off someone's absentee ballot.
Email Delivery of Accessible Absentee Ballots for Voters with Print Disabilities
A Dane County Circuit Court judge has granted a temporary injunction to allow voters with print disabilities to request absentee ballots by email, instead of U.S. mail. This will allow voters with these disabilities to read and mark their ballots privately and independently through the use of assistive technology.
Track Wheelchairs Make Nature More Accessible
Outagamie County is working to make the great outdoors more accessible by introducing all-terrain wheelchairs at Plamann Park and Mosquito Hill Nature Center. The Aging and Long Term Support Division in Outagamie County's Health and Human Services Department and Outagamie County Parks partnered to use specialized transportation funds from the state Department of Transportation to purchase the two tracked wheelchairs.
Important Note: News from third-parties may be subject to change or require a subscription to view. The Great Lakes ADA Center is not responsible for content restrictions or changes made by third-parties.
Managing Accommodations During the Great Return to Office
The Job Accommodation Network (JAN) has provided practical suggestions to employers to help ensure they are not violating the civil rights of employees with disabilities in their return to office mandates. Check out their helpful strategies and other related resources!
The Quality of Life (QL+) Program: Empowering Veterans with Disabilities
With Veterans Day right around the corner, take a look at this new opportunity for veterans with disabilities. The Quality of Life (QL+) Program is currently seeking veterans who would benefit from custom-built and specialized devices that would support an active lifestyle or simply enhance daily living.
Opioid Use and Mental Health in the Construction Industry
Like any place of employment, it is important for employers and workers in construction to develop effective workplace supports that address substance use and mental health issues. Check out the strategies in this resource from the Employer Assistance and Resource Network on Disability Inclusion (EARN) for this high-demand industry.
Diabetes Self-Management Education and Support (DSMES) Toolkit
November is Diabetes Awareness Month! Check out this toolkit from the Centers for Disease Control and Prevention (CDC) to learn strategies for managing diabetes during daily life and emergency situations.
Answer: The 2010 ADA Standards for Accessible Design specify accessible parking requirements such as the
number of spaces and the size of the spaces but not who is qualified to park there. This piece is typically
addressed by state law. Each state creates and maintains their own eligibility criteria and procedures to issue
accessible parking permits to people with disabilities, usually in the form of placards or license plates. These
permits may only be available to certain people based on their limitations or they may come with a benefit, such
as free metered parking. Because these permits are established through state law, enforcement is typically
carried out by state or local law enforcement, not the federal ADA enforcement agencies. State and local
governments can also create additional requirements for accessible parking spaces that go above and beyond the
ADA minimums. These additional requirements would also be enforced on the state or local level.
Finally, accessible parking spaces within a particular lot may have other general eligibility criteria that
would apply to anyone, regardless of disability. For example, some lots may require a person to be an employee
to park there or require them to purchase a parking pass. As long as the criteria is applied equally to people
with and without disabilities, this is generally allowed.
Resource(s):
Learn more by visiting our ADA Frequently Asked Questions.
EEOC vs. North Carolina Walmart Retail Stores
EEOC announced the resolution of three lawsuits filed against three Walmart stores located in North Carolina to correct the unlawful practice of failing to provide intermittent leave as a reasonable accommodation and then firing the employees who made such requests for violating the company attendance policy. Collectively Walmart has agreed to pay $175,000 to the affected employees and provide other relief (i.e., conduct annual trainings, post notice of employee rights, submit compliance reports to EEOC, etc.) to resolve the lawsuits.
Check out, EEOC vs. Arizona Walmart, another leave request case.
EEOC vs. GBMC Healthcare Inc. (GBMC)
According to the lawsuit, GBMC hired a registered nurse (RN) who is deaf to work at its main hospital. When GBMC learned that the RN was deaf after she requested accommodations, GBMC rescinded the offer of employment and terminated her without engaging in the interactive process required by law.
The lawsuit alleges Builders FirstSource violated federal law when it terminated a qualified worker’s assignment because of his age and the assumption that he had a physical impairment. After the 67-year-old worker reported for his first day of work, assigned by a third-party staffing company, the general manager made assumptions based on her brief observation of the worker’s age and appearance that he had a physical impairment and would not be physically capable of performing the job. Based on those assumptions, she immediately terminated his assignment. In reality, the worker was qualified for the position and had a history of working long hours at physically demanding jobs.
EEOC vs. ABC Phones of North Carolina, Inc. (Victra)
The suit claims a new hire discovered that she needed to schedule an ultrasound and to see a high-risk pregnancy doctor before her start date. Hours after notifying the district sales manager that she needed to go to a medical appointment on the afternoon of her first day of training, Victra withdrew the job offer and told her she would need to reapply once she knew she could “100% attend.” In contrast, EEOC found that the company permitted other new hires to adjust or reschedule their training start dates or attendance for various reasons unrelated to pregnancy. The ADA forbids discrimination against a qualified individual because of a pregnancy-related impairment the employer regards as a disability.
According to the suit, the Country Club Retirement Center required a female veteran to sign an agreement shortening the statute of limitations applicable to the ADA as a condition of retaining her employment and fired her due to her disability. It is also alleged that the retirement center required the employee to disclose information about family genetic history in violation of the Genetic Information Nondiscrimination Act (GINA). Further, the suit claimed the retirement center harmed a class of employees by maintaining 100%-healed and restrictive attendance policies, using termination and disciplinary processes.
EEOC vs. Cruz Construction Co., Inc.
According to an investigation, Cruz Construction fired an administrative assistant two days after she requested a reasonable accommodation for a disability. The settlement requires Cruz Construction to pay $56,000 to the former employee, review its non-discrimination policies, conduct manager and employee training, and post a notice concerning the resolution.
EEOC vs. Nature’s Herbs & Wellness Center (High Plainz Strains)
The lawsuit alleges Nature’s Herbs & Wellness failed to reasonably accommodate an employee after she disclosed her disabilities to her manager and requested accommodation. When the employee complained about disability discrimination, Nature’s Herbs suspended her without pay and later fired her. In internal communications regarding the employee’s termination, the owner of Nature’s Herbs instructed human resources to “cut [the employee] loose” because she did not disclose her disabilities when she was hired, and the human resources manager referred to the employee as a “fruitcake.” Under the consent decree, Nature’s Herbs will pay the employee $95,000 and provide annual training on the ADA to all employees.
After about two years on the job, a part-time employee requested an accommodation for his intellectual and cognitive disabilities. An investigation found that instead of fully implementing the agreed-upon accommodation, his employer terminated him due to his disability. The settlement requires Catalyst Family to pay $150,000 to a former employee, revise its non-discrimination policies and procedures, and conduct training for all managers, recruiters, and HR personnel. The company also agreed to provide the worker with a neutral reference letter and to rescind the termination notice from his personnel file.
EEOC vs. VibraLife of Katy, LLC (VibraLife)
The suit claims VibraLife hired an employee with a sleep disorder for a night shift position. The job posting required the selected candidate to work 36 hours per week in three 12-hour shifts. Upon beginning her employment, the employee was notified that she would be required to work a fourth 12-hour shift every other week. The employee promptly requested an accommodation that her schedule be limited to the express terms of the job posting and offer to accommodate her disability. Shortly after receiving the employee’s request for a reasonable accommodation, the employee was demoted and then terminated. Per the consent decree, VibraLife will pay $80,000, revise its policies and practices to ensure it provides reasonable accommodations, provide annual training on the ADA to employees, and post a notice to employees regarding the lawsuit.
DOJ vs. Township of New Hartford
Investigators from the DOJ surveyed the New Hartford Town Hall in Minnesota and observed physical barriers, including a steep ramp without handrails at the entrance, that make the Town Hall inaccessible to individuals with disabilities. DOJ reached a settlement agreement with the Township that requires the Township to make necessary accessibility modifications, including certain modifications no later than October 31, 2024. These modifications include accessible parking areas and a ramp that provides an accessible route to the entrance of the building.
DOJ vs. Wisconsin Department of Corrections (WDOC)
DOJ reached a settlement agreement with WDOC that will help ensure that incarcerated individuals who are deaf or hard of hearing have equal access to WDOC’s programs, services, and activities, including educational, counseling, medical, recreational, and prison employment programs. Per the agreement, WDOC will implement a process that begins at intake and continues throughout incarceration, to identify and accommodate inmates with hearing disabilities; develop individualized communication assessment and plans; provide training on the ADA to staff; and pay $15,000 to three incarcerated individuals who were harmed.
Four Rivers Special Education District in Illinois has entered into an agreement to ensure its disciplinary practices do not deny students with disabilities a free appropriate public education (FAPE) and comply with civil rights obligations to students with disabilities under Section 504 of the Rehabilitation Act and Title II of the ADA. OCR’s review found the district routinely referred students to law enforcement for non-criminal behaviors. In addition, several students with disabilities spent extensive time out of the classroom but district records did not reflect evaluation of whether this non-instructional time merited reevaluation to determine whether different or additional supports may be necessary for a student or evaluation whether a student needed compensatory services to ensure that student’s equal access to education.
Also, check out, U.S. Department of Education’s Office for Civil Rights (OCR) vs. St. Johns County School District, another resolution agreement with a school district in Florida that addresses the districts' use of restraint and seclusion denying students with disabilities FAPE in violation of Section 504 and Title II.
DOJ reached a settlement and proposed consent decree with the Cubs to resolve alleged violations at Wrigley Field. Under the settlement, the Cubs will make remediations to ensure accessibility for people with disabilities, including removing non-compliant wheelchair spaces and companion seats and replacing them with wheelchair spaces that have significantly improved views of the field and fully compliant sightlines in every area of the stadium. The Cubs have agreed to modify protruding objects along circulation paths within Wrigley Field and ensure that certain parking and shuttle services outside the stadium are compliant. All Cubs employees and contractors whose job responsibilities involve contact with patrons with disabilities will receive training on the settlement before each of the next three baseball seasons.
DOJ vs. Fitness International LLC (LA Fitness)
The lawsuit alleges LA Fitness gym and fitness clubs have many barriers that prevent LA Fitness members with disabilities from accessing the clubs or using the clubs’ pools and fitness equipment. Common barriers include broken pool lifts and broken elevators. Sometimes, these issues left people with mobility disabilities unable to get into clubs or pools at all. Other times, people with disabilities have gotten stuck dangling over the water on broken pool lifts, have had to call LA Fitness staff to help them get in and out of pools, or have had to crawl out of pools. Even after members with disabilities complained about these issues, LA Fitness did not fix them for long periods of time.
DOJ vs. Dr. Mark A. Nowacki, M.D., P.A.
The complainant alleged that when she called to schedule a new patient appointment, Dr. Nowacki denied her request for an ASL interpreter to be provided at the appointment. Under the settlement agreement, Dr. Nowacki must: adopt a written ADA effective communication policy; provide qualified interpreters when necessary to effectively communicate with a patient or their companions with disabilities; implement training for all employees; maintain a log documenting all requests for auxiliary aids and services and how he handled those requests; and pay the complainant $1,000.
Check out, DOJ vs. Sports Medicine & Orthopedic Surgery, P.C. (SMOS), another settlement agreement with a healthcare provider for not providing effective communication to its patients and their companions who have disabilities..
DOJ vs. Aqua Services, Inc. (“Aqua”)
The complainant, a customer who uses a relay calling service to communicate by telephone, alleged that on several occasions when he called Aqua’s customer service line to address a billing issue, the customer service representatives who answered the phone hung up on him rather than accepting the relay call. As a result, he alleged, he was unable to promptly resolve his billing issue. Per the settlement agreement, Aqua will designate an ADA Coordinator, implement a telephone number and email address to receive comments and complaints relating to access to Aqua’s customer service line, and adopt and publish an Effective Communications Policy for effectively communicating with people with disabilities. Aqua will also pay a monetary sum to the complainant.
DOJ vs. Inland Northwest Behavioral Health (Inland)
A former patient of Inland alleged that he was required to provide documentation for a service animal, was not allowed to conduct visitation indoors with the service animal, and was segregated from other patients while utilizing the service animal. The settlement requires Inland to pay $10,000 to the individual with disabilities; implement and utilize a written ADA service animal policy; require annual employee training; and conspicuously post notices to patients and employees that service animals are welcome.
DOJ vs. Imagination Island of Fleming Island, Inc. (Imagination Island)
U.S. Attorney’s Office investigated the daycare center when the parents of a three-year-old child alleged that Imagination Island terminated the enrollment of their son because the child has epilepsy. Per the settlement agreement, Imagination Island must: adopt, maintain, and enforce 1) a nondiscrimination policy regarding the prohibition of discrimination based on disability; and 2) an emergency anti-seizure medication administration policy and procedure; require all employees to complete annual training on epilepsy seizures and all policies, practices, and procedures required under the agreement, as well as Title III requirements; and pay the complainants $4,000.
