August 2022

Volume 15 Issue 9 

 

The U.S. Access Board is changing the way that the public can contact them for technical assistance. They will no longer offer a toll free #. However, technical assistance is still available via telephone by dialing 1-202-272-0080 extension 3 and by email at ta@access-board.gov from 10:00 a.m. to 5:00 p.m. (ET) weekdays. Accessibility specialists are available to answer questions on accessibility as it relates to the built environment, outdoor sites, streets and sidewalks, transportation vehicles and vessels, information and communication technology, and medical diagnostic equipment.

The National Suicide Prevention Lifeline, now known as the 988 Suicide & Crisis Lifeline, can be more easily reached by calling or texting 988, or chatting on 988lifeline.org. Also available in Spanish and for people who are deaf or hard of hearing.

Understanding and Addressing Workplace Challenges Related to Long COVID National Online Dialogue

The U.S. Department of Labor, along with the U.S. Centers for Disease Control and Prevention and the Office of the Surgeon General, are currently soliciting ideas and comments through August 15. Information gathered will help the Federal Government better understand the workplace challenges faced by those experiencing new or lingering symptoms of COVID-19—a condition known as Long COVID.

All ideas are welcome, but the federal agencies are specifically looking for insight and shared experiences on:

• Challenges workers with long COVID face in the workplace;
• Ways employers can support their workers with long COVID;
• Effective practices to inform both workers and employers about long COVID;
• Organizations to engage in developing solutions for those affected by long COVID; and
• Methods to address obstacles faced by workers with long COVID when trying to obtain needed disability benefits.

Join the national online dialogue regarding Long-COVID in the workplace

Michigan

Governor Gretchen Whitmer signed into law Public Acts 182 and 183 of 2022, which overhauls the look of accessibility signs originally adopted by the state in 1969. Regardless of state law, entities have the obligation to meet requirements under the ADA. The Federal Highway Administration (FHA) does not recognize anything other than the International Symbol of Accessibility for projects that are federally funded.

To further understand ADA obligations, visit the U.S. Access Board’s guidance on the International Symbol of Accessibility (ISA).”

Wisconsin

Wisconsin Supreme Court prohibits use of most ballot drop boxes

The Wisconsin Supreme Court barred the use of most ballot drop boxes and ruled that no one can return a ballot in person on behalf of another voter. Voting rights groups and Democrats had argued that restricting ballot drop boxes would make it harder for some residents to vote, especially those with disabilities.

EEOC Sues Walmart for Disability Discrimination and Retaliation

According to the EEOC’s lawsuit, in April 2019 an employee working for Walmart’s Hope Mills, North Carolina store as a warehouse unloader experienced severe pain due to a neurological disability that affected her right hand and wrist. Her supervisor told her to apply for medical leave through the company’s third-party administrator to avoid accruing points under the attendance policy. The employee applied for intermittent leave as a reasonable accommodation for her disability but the accommodation was denied.

Walmart then told the employee that she could not return to work unless she could provide a medical release saying that she could work without any restrictions, which was not possible due to the employee’s disability. Frustrated by Walmart’s continued refusal to allow her to return to work, the employee made a report to the company’s Global Ethics Office in late June 2019. The company fired her nine days later.

Waterway Gas and Wash Company Settles EEOC Disability Discrimination Case

Waterway Gas & Wash Company, a national provider of car wash services, will pay $70,000 and provide other relief to settle a disability discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC). According to the suit, Waterway fired Aoyagi, then a high school student, from its Lone Tree, Colorado location about two weeks after he suffered a seizure at work and requested accommodation for his disability. The EEOC contended that Waterway fired Aoyagi because of his disability. The suit also alleged that Waterway refused to discuss his request for accommodation and denied it without explanation. The EEOC further alleged that the company fired Aoyagi in retaliation for requesting reasonable accommodation for his epilepsy.

EEOC Sues Hobby Lobby for Disability Discrimination

Hobby Lobby Stores, Inc., a national arts-and-crafts retailer, violated federal law when it refused to reasonably accommodate a cashier at its Olathe, Kansas store by allowing her to use a service dog and then fired her because of her disabilities, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit.

Rover’s Place to Pay $60,000 to Settle EEOC Disability Case

A dog kennel company in suburban Chicago, Rover’s Place, will pay $60,000 and furnish other relief to settle a lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC charged alleging that Rover’s Place subjected an employee to a hostile work environment, inquired into his medical history, and forced him to quit his job because of his opioid addiction disability.

According to the EEOC’s lawsuit, the employee worked without incident at Rover’s Place until one of the owner’s learned of his past drug use. The owner then confronted the employee and in an abusive manner inquired about his history of addiction and treatment even though the employee was not currently using drugs and had not presented any issue in the workplace because of his former drug use.

Amended Complaint - United States v. Florida

On June 15, 2022, the United States filed an Amended Complaint in this ongoing lawsuit against the State of Florida to remedy violations of Title II of the Americans with Disabilities Act involving the State’s failure to provide services and supports to children with disabilities in the most integrated setting appropriate to their needs. The lawsuit alleges that, children with disabilities are unnecessarily segregated in nursing facilities when they could be served in their family homes or other community-based settings. The lawsuit further alleges that the State’s policies and practices place children with complex medical needs in the community at serious risk of institutionalization in nursing facilities, in violation of Title II of the Americans with Disabilities Act.

Justice Department Secures Agreement with Jefferson County, Kentucky, Officials to Ensure Polling Place Accessibility

The Justice Department has secured an agreement under Title II of the Americans with Disabilities Act (ADA) with the Jefferson County, Kentucky, Board of Elections to ensure that the Board’s polling places are accessible to individuals with disabilities.

The department identified architectural barriers at numerous polling places after it reviewed the Jefferson County Board’s voting program for compliance with the ADA. These barriers included inaccessible parking, ramps that were too steep, walkways that had steep cross slopes or had gaps and bumps and voting machines that could not be accessed by voters with mobility disabilities. The department also identified that the Jefferson County Board fails to provide voters with disabilities privacy and independence while voting.

Owners of Skilled Nursing Facilities Agree to Settle Americans with Disabilities Act Complaint

The United States Attorney’s Office announced a settlement agreement under the Americans with Disabilities Act (ADA) with the owners of Carrington Place of the Tappahannock (CPOT).

The settlement agreement resolves allegations that CPOT had denied admission to an individual who is deaf because she would need sign language interpreting services while at CPOT. The ADA prohibits covered entities from excluding individuals with disabilities from their services because they require auxiliary aid or services, such as a sign language interpreter. In addition to making significant changes to the policies and procedures at their nursing facilities, the owners of CPOT also agreed to pay $40,000 to the resident who it denied admission and a $50,000 civil penalty.

U.S. Attorney’s Office Reaches Settlement with Tattoo Studio for Alleged HIV Discrimination

The U.S. Attorney’s Office for the Northern District of California announced that the United States has resolved a claim that Luna Tattoo Studio discriminated against a person with HIV in violation of the Americans with Disabilities Act (ADA).

Title III of the ADA prohibits public accommodations, such as tattoo parlors, from excluding people with disabilities, including people with HIV, from enjoying the services they provide. The Department of Justice found that in August of 2020, the Complainant made an appointment to receive a tattoo at Luna. After informing the tattoo artist at Luna of her HIV-positive status, the prospective customer first was told that the artist would need to speak with the owner about the situation, and later, that the appointment was cancelled altogether. In refusing to provide service, the tattoo artist told the Complainant that the possibility of the tattoo artist performing tattoo services on Complainant made other artists at Luna Tattoo “very uncomfortable.”

U.S. Attorney’s Office Reaches ADA Settlement with Ulta Salon, Cosmetics & Fragrance, Inc.

United States Attorney Jennifer Klemetsrud Puhl announced that the U.S. Attorney’s Office for the District of North Dakota completed its investigation and entered into a settlement agreement with Ulta Salon, Cosmetics & Fragrance, Inc. ("Ulta") to resolve allegations that Ulta violated the Americans with Disabilities Act (ADA). Specifically, a complaint alleged that Ulta refused to allow an individual with a disability who uses a service animal to enter Ulta with her service animal.

During its investigation, the U.S. Attorney’s Office found that the complainant attempted to enter Ulta with her service animal. An Ulta employee told the complainant she was not allowed to enter the store with her service animal, and incorrectly told her a North Dakota cosmetology statute prohibited service animals without documentation.

Under the Americans with Disabilities Act, individuals with disabilities who use service animals may enter places of public accommodations, such as retail stores, with their service animals. There is no requirement that individuals with disabilities show any documentation, licensure, or certification, nor is there a requirement that the service animal be wearing any vest, harness, or collar that indicates it is a service animal.

Uber Commits to Changes and Pays Millions to Resolve Justice Department Lawsuit for Overcharging People with Disabilities

The Department of Justice filed in court a multi-million-dollar settlement agreement with Uber Technologies Inc. to resolve a lawsuit alleging that Uber violated the Americans with Disabilities Act (ADA). Uber will offer millions of dollars in compensation to over 65,000 Uber riders who were charged discriminatory fees due to a disability. Uber will also waive wait time fees for all Uber riders who certify that they (or someone they frequently travel with) need more time to get in an Uber because of a disability.

Riders with disabilities can request a refund or waiver of wait time fees by visiting the Uber Riders with Disabilities information page.

The U.S. Attorney's Office files a lawsuit against the Chicago Cubs Alleging Wrigley Field renovations and expansion violated title III of the ADA.

Lawsuit alleges that the team failed to ensure that recent additions & alterations at Wrigley Field were appropriately accessible to individuals with disabilities, including people who use wheelchairs, as required by the ADA.

PEAT Launches New Jobs Pages

The Partnership on Employment & Accessible Technology (PEAT) launched new jobs pages on their website. These pages make it easy to find popular PEAT resources that are specifically related to HR, Hiring & Recruiting Professionals, Organizational Leaders as well as CTO & IT Managers.

• Find PEAT resources related to your job

Disability Data Snapshot: Asian Americans and Pacific Islanders

A new post on the U.S Department of Labor blog offers a data snapshot on Asian Americans and Pacific Islanders with disabilities. The piece, which also explores the importance of ensuring research includes the experiences of this population, is the latest in an ongoing series of data snapshots about different subgroups of people with disabilities; previous snapshots explored Black workers with disabilities and women with disabilities.

• Read the data snapshot on Asian Americans and Pacific Islanders with disabilities
• Read the data snapshot on Black workers with disabilities
• Read the data snapshot on women with disabilities

U.S. Equal Employment Opportunity Commission (EEOC) has Updated its “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws” Document

FACT SHEET: The Biden-⁠Harris Administration Marks the Anniversary of the Americans with Disabilities Act

To mark the Anniversary of the Americans with Disabilities Act, the Biden-Harris Administration has released a Fact Sheet that lists out the steps the administration has taken towards advancing equity for Americans with disabilities.

U.S. Access Board Issues Design Recommendations for Accessible Electric Vehicle Charging Stations

The U.S. Access Board has released Design Recommendations for Accessible Electric Vehicle Charging Stations, a technical assistance document that reviews existing requirements & new recommendations for making electric vehicle charging stations accessible.

• The Board’s technical assistance document covers Americans with Disabilities Act (ADA) & Architectural Barriers Act (ABA) accessibility requirements applicable to EV charging stations, such as technical provisions for operable parts & accessible routes.

The Department of Education’s Office for Civil Rights (OCR) and Office of Special Education and Rehabilitative Services (OSERS) Released New Guidance That Helps Schools Support Students with Disabilities and Avoid Discriminatory Use of Disciple.

The guidance makes clear that schools do not need to choose between complying with Section 504 of the Rehabilitation Act of 1973 (Section 504) and the Individuals with Disabilities Education Act and keeping their school community – including students and staff – safe.

The new resources include:

• Supporting Students with Disabilities and Avoiding the Discriminatory Use of Student Discipline under Section 504 of the Rehabilitation Act of 1973 and an accompanying Fact Sheet.
• Questions and Answers Addressing the Needs of Children with Disabilities and the Individuals with Disabilities Education Act's (IDEA's) Discipline Provisions.
• Positive, Proactive Approaches to Supporting the Needs of Children with Disabilities: A Guide for Stakeholders. And,

A letter from Secretary Cardona to our nation's educators, school leaders, parents, and students about the importance of supporting the needs of students with disabilities.

New Employer Guide on Supporting Employees with Long COVID

Employer Assistance and Resource Network on Disability Inclusion and Job Accommodation Network recently issued a new resource, Supporting Employees with Long COVID: A Guide for Employers.

In addition to addressing the basics of Long COVID, including its intersection with mental health, the guide outlines workplace supports that can help businesses assist and retain employees experiencing symptoms. It also explores potential legal obligations on the part of employers to provide accommodations and answers Frequently Asked Questions, including those related to telework and leave.

ACL's National Institute on Disability Independent Living and Rehabilitation Research (NIDILRR) is released a new issue brief summarizing the research supporting Competitive, integrated employment (CIE).

Competitive, integrated employment (CIE) – working in the community, alongside people with and without disabilities, at competitive wages – offers a direct pathway to greater independence and self-sufficiency for people with disabilities.

The U.S. Department of Justice and the U.S. Department of Health and Human Services released a guidance document on how various federal nondiscrimination laws, including the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, Title VI of the Civil Rights Act of 1964, and Section 1557 of the Patient Protection and Affordable Care Act, can help to ensure that services provided via telehealth are accessible to people with disabilities and limited English proficient persons.

U.S. Department of Education Office for Civil Rights (OCR)

The Office for Civil Rights protects the rights of persons with disabilities, including students and parents, under Section 504 of the Rehabilitation Act and Title II of the Americans with Disabilities Act (ADA) in the education context.

OCR handles cases of disability discrimination involving a range of issues, such as inaccessible facilities; unequal access to advanced academic programs, extracurricular athletics, and accessible technology; the failure to provide elementary and secondary students a free appropriate public education (FAPE), discriminatory discipline, the denial to college students of appropriate academic adjustments and auxiliary aids and services, disability harassment.

A complaint of discrimination can be filed by anyone who believes that an education institution that receives Federal financial assistance has discriminated against someone on the basis of race, color, national origin, sex, disability, or age.

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