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Trainings & Events Calendar
August ADA Audio Conference Series
The Fair Housing Act and the Accessibility Guidelines
Tuesday, August 22, 2023
September AccessibilityOnline Webinar Series
Accessible Residential Housing
Thursday, September 7, 2023
September ADA Audio Conference Series
What You Should Know About the Pregnant Workers Fairness Act
Tuesday, September 19, 2023
September ADA Legal Webinar Series
A Review of Conflicting Court Cases Related to the ADA
Wednesday, September 20, 2023
September Accessible Technology Webinar Series
Microsoft Inclusive Design: Cognitive Exclusion
Thursday, September 21, 2023
In Focus
Assistive Technology (AT): Transitioning from K-12 to Higher Ed and Beyond!
For many students with disabilities, transitioning out of a K-12 setting and learning how to self-advocate for their right to assistive technology (AT) can be a major challenge. Students who have had AT as part of an existing IEP or 504 Plan during their K-12 education often find it intimidating to adapt to college or workplace settings where the ADA requires the disclosure and explanation of a disability-related need for reasonable accommodations, such as AT. This level of self-advocacy is new to many transitioning students with disabilities who often relied on their parents or guardians to advocate for them at the K-12 level. This is one reason why the Quality Indicators for Assistive Technology in Post-Secondary Education (QIAT-PS) project created their Student Self-Evaluation Matrix. The Student Quality Indicators listed in the matrix are a set of statements that describe the kinds of AT and self-advocacy skills students should acquire before entering college or workplace environments.
Check out the QIAT-PS student self evaluation matrix and quality indicators.
Global Access for Indigenous Women and Girls with Disabilities
August recognizes both the International Day of the World's Indigenous Peoples (August 9th) and Women's Equality Day (August 26th). In recognition of both, we are highlighting an in-depth fact sheet from UN Women on indigenous women with disabilities. The organization estimates that approximately 28 million indigenous women worldwide have a disability. This resource focuses on intersectionality and the reasons why disability rates tend to be higher in these groups. It also lists recommendations to help address and prevent the discrimination, violence and inaccessibility faced by indigenous women with disabilities. One recommendation is adopting comprehensive laws and policies related to disability rights. In the United States, this does not just mean compliance with the ADA as many Native American tribes are sovereign and therefore do not need to comply with this law. That being said, many U.S. tribes have developed and passed their own tribal laws related to disability access. There has even been an instance of the Oglala Sioux Tribe of South Dakota voluntarily adopting and passing the ADA in 1994.
Learn more by accessing the UN Women's Fact Sheet on indigenous women with disabilities.
National News
FCC Requires Video Conferencing Platforms to be Accessible
Following a decision made at the Federal Communication Commission's June 8th open meeting, the FCC has issued a Report and Order as well as a Notice of Proposed Rulemaking (NPRM) to improve the overall accessibility of video conferencing platforms for people with disabilities. One way the Commission seeks to improve access is by integrating Telecommunications Relay Services (TRS) into video conferencing platforms via speech-to-text (e.g. captioning) and text-to-speech (e.g. ASL interpretation). The Commission has given providers of video conferencing services one year to come into compliance with the existing accessibility requirements for advanced communications services (ACS) and is also seeking comment on additional objectives to improve access.
ReelAbilities: New Streaming Service for Disability-Related Films
The disability film festival organizer, ReelAbilities, recently launched a new streaming service devoted to celebrating the lives, stories and artistic expression of people with disabilities. ReelAbilitiesStream.org features many of the films from previous film festivals dating back to 2007. The streaming service also features a number of accessible features including captions, audio description, and an accessibility menu widget which allows users to adjust the contrast, highlight links, enlarge text, adjust text spacing, pause animations, and more! Some films on the site are available for free while others are rented on a pay-per-view basis.
Read more about ReelAbilities and their new streaming service.
Regional News
Illinois
Program Helps Illinois Farmers with Health Challenges Keep Their Independence
Illinois AgrAbility, a USDA-funded program, seeks to help farmers, agricultural workers, and migrants retain their independence and overcome health challenges like neuropathy, arthritis, diabetes, vision problems and more. The program eliminates barriers by performing a free on-site assessment of an individual’s farm, recommending safe solutions to overcome limitations, and assisting in getting the tools and/or supports needed to continue farming. The program can also connect agricultural workers with funding, adaptive equipment, support services and other necessary resources needed to continue working.
Read more about Illinois AgrAbility's services and impact on agricultural employment.
Amtrak: Improving Illinois Transportation Accessibility
Rail passengers will see new railcars on Amtrak’s Lincoln Service route (St. Louis to Chicago) and several other routes throughout the Midwest. The new cars are engineered to minimize noise and increase accessibility. These include measures to increase compliance with the Americans with Disabilities Act (ADA), such as wider and more stable walkways between cars, wheelchair lifts, and seat designs to facilitate easier wheelchair transfers. The U.S. Department of Justice and Amtrak signed a settlement agreement in 2020 to upgrade stations throughout the country and comply with the ADA. Amtrak is also updating passenger display boards and boarding technology as part of the settlement.
Read Amtrak’s most recent report on ADA compliance from June 2023
Indiana
People with Disabilities Push For Control Over In-Home Care
Currently, people with disabilities in Indiana can apply under the state's Aged and Disabled Medicaid Waiver Program to receive in-home care, transportation, meal delivery and other community-based services. For most people, funding goes to provider agencies that are responsible for hiring and managing the people who work to meet the recipients’ needs. However self-directed care gives a more significant degree of control such as ensuring a person hires a caretaker that meets their standards. Indiana currently only offers the self-direction option to people with physical disabilities but it is working on expanding this option to people with intellectual disabilities, traumatic brain injuries, mental illness, and more. Many disability advocates argue that by cutting out the middleman under the self-directed care model, this could raise direct care worker wages and help improve the staffing process.
Read more about self-directed in-home care as a solution to Indina's care worker shortage
More than $76 Million in New Funding for Crisis Response and Substance Use Disorder Services
The Indiana Family and Social Services Administration’s (FSSA) Division of Mental Health and Addiction (DMHA) is providing new funding to help build and support projects across Indiana to improve mental health and recovery services for Hoosiers. DMHA is working with local units of government to promote innovative, community-driven responses to address substance use disorder issues, alongside grants to strengthen the state's “no wrong door” approach to crisis care. As part of the National Opioid Settlement, DMHA is awarding a total of $19 million to 30 local units of government, service providers, and community organizations. These funds will support evidence-based prevention, treatment, recovery and harm reduction services, expand the behavioral health workforce and implement other services and initiatives across the state.
Michigan
New Law Gives Michigan DNR Officers Authority To Intervene During Mental Health Crises
Gov. Gretchen Whitmer signed Senate Bill 59 which updates Michigan's Mental Health Code to expand the definition of a "peace officer." With the new law in effect, conservation officers who work for Michigan's Department of Natural Resources (DNR) can now intervene to take individuals experiencing a mental health crisis into protective custody. In rural areas of northern Michigan and the Upper Peninsula, DNR officers often act as community law enforcement or back up other agencies late at night. They also encounter individuals experiencing mental health crises in state parks and if another law enforcement agency is called to the scene, this can make matters worse.
Read more about conversation officers intervening during mental health crises.
AI App Gives Voice to Those Who’ve Lost Theirs
An artificial intelligence Custom Neural Voice app developed by Holland, Michigan resident, Charles "Charlie" Elwood, has made it possible for people with communication and speech related disabilities to “talk” again. The app is very different from the voice synthesizer used by the late theoretical physicist Stephen Hawking. It works by storing a recording of a person’s voice in a remote server, also known as "the cloud." Once this is done, the person can type in a sentence he or she wants to say and a wave or audio file is then sent back to a tablet or cellphone which plays the audio over its speakers. The app was originally developed for a woman in Puerto Rico who communicated via sign language but had limited motion in her arms and hands which made communication challenging. Currently, only a handful of people are using the app but the developers are currently working to scale it up for wider distribution.
Minnesota
Minnesota Telehealth Study Shows Potential to Fill Provider Gaps
A new study produced by the Minnesota Department of Health (MDH) highlights the potential for telehealth to make care more accessible while providing similar levels of service to traditional, in-person ways of delivering care. In 2021, the Minnesota Legislature requested that MDH produce a study exploring the role of telehealth in the future of health care for Minnesotans. The preliminary report’s findings showed that telehealth’s impact has helped expand access to mental and behavioral health providers. During the first half of 2021, about 60% of all mental and behavioral health services were delivered through telehealth. This finding is especially important for improving access to care as telehealth has the potential to fill provider coverage gaps that make attaining care challenging. MDH’s final report will be released in 2024.
Read more about the MDH telehealth study.
State Parks Improve Accessibility
A construction project with accessibility updates to William O’Brien State Park is slated to begin in September. Updates will focus on accessibility for visitors with disabilities, including campsites and buildings that comply with the ADA.
Last summer, the Minnesota Department of Natural Resources introduced all-terrain track chairs in a few select state parks. The free-to-use track chairs are like traditional wheelchairs but include all-terrain wheels, electrical operation, and a tilt mechanism for climbing and descending hills.
Read more about accessibility updates to William O’Brien State Park.Read more about track chairs in Minnesota state parks.
Ohio
Law Improves Communication for People with Disabilities During Traffic Stops
Any individual with a medically diagnosed communication disability, who drives or regularly has someone with a communication disability in their vehicle, can voluntarily enroll in a database that connects to the Law Enforcement Agencies Data System (LEADS). A law enforcement officer then will be made aware that the driver or a person in the vehicle may have difficulty communicating which will reduce any potential misunderstandings or problems. Interested individuals must complete a Verification Form and take it to their licensed medical practitioner to validate that the individual has a communication disability.
An FAQ on the Communication Disability Law and a 6-minute informational video have been provided to educate the public about this new law.
Read more about the voluntary identification process and learn how to apply.
New Strategic Plan with Historic Investments for Ohioans with Disabilities
Ohio’s Operating Budget for Fiscal Years 2024 and 2025 aims to make Ohio a Disability Inclusion State and Model Employer of Individuals with Disabilities. The budget allows Opportunities for Ohioans with Disabilities (OOD) to maximize federal grant dollars and establishes a new initiative, Accessible Ohio, to support Ohio’s businesses, communities, attractions, and venues to be accessible and inclusive. This historic investment increases efforts to support Ohioans with disabilities, empowering them to find careers, stability, purpose, meaning, connection, and independence.
Read more about ODD’s strategic priorities related to Ohioans with disabilities.
Wisconsin
Report Released on Barriers Faced by Elderly Voters and Voters with Disabilities
The Wisconsin Election Commission (WEC) released its 2023 report on Barriers Faced by Elderly Voters and Voters with Disabilities. The report provides information regarding the accessibility of Wisconsin polling places. In 2022, the accessibility program established a goal of 330 polling place accessibility reviews by the November 8th, 2022 election, a plan which was approved by the WEC. Due to increased participation by organizations on the Accessibility Advisory Committee like Disability Rights Wisconsin and the Wisconsin Coalition of Independent Living Centers, a total of 421 polling places were reviewed. The Wisconsin Disability Vote Coalition (WDVC) commended Commissioners for the progress made to improve the accessibility of Wisconsin polling places.
Read the 2023 report, WEC’s press release, and WDVC’s Budget & Policy Recommendations.
Restraint and Seclusion: Still Too Many Students with Disabilities
The Department of Public Instruction (DPI) has released data on restraint and seclusion in Wisconsin schools from 2021-22. Schools reported nearly 7,000 incidents of restraint, 76% of which involved students with disabilities and 78% of which occurred in elementary schools. This marks the third year in a row that students with disabilities were subjected these practices at a much higher rate than students without disabilities. It is also the third year in a row where the overwhelming majority of seclutions and restraints occurred in elementary schools. According to Disability Rights Wisconsin advocacy specialists, the number of incidents continues to be alarming, producing trauma for students with disabilities that could be avoided through better resourcing, training, and supports.
ADA Cases
Title I: Employment
Beaumont Hospital Sued for Disability Discrimination in Reassignment Case
According to the EEOC’s lawsuit, William Beaumont Hospital in Detroit, Michigan determined that a registered nurse could not work fewer than 32 hours a week as an accommodation for her medical work restriction. As an alternative, The employee expressed interest in several jobs she believed she could have performed within her work hours restriction and asked to be placed in any of them. However, according to the EEOC lawsuit, Beaumont refused to reassign the employee to a vacant position as an accommodation, instead forcing her to apply and compete for openings.
Tech Company Charged with Discrimination for Failing to Hire Deaf Applicant Due to Disability
The large technology company, Tech Mahindra, has been charged by EEOC for abruptly ending an interview with a qualified applicant for an engineering role and failing to hire the applicant because he was deaf. Upon realizing the applicant was deaf and using a sign-language interpreter, the interview was ended and Tech Mahindra sent a follow up email stating that while the applicant had the "perfect skill set" for the job, having an interpreter on-site would be challenging.
Lion Elastomers Pays $175,000 to Settle a Class Lawsuit of Individuals Regarded as Disabled
Lion Elastomers, LLC, a manufacturing plant in Port Neches, Texas, agreed to pay $175,000 to resolve a complaint which alleged that the company denied employment to a class of individuals it unlawfully regarded as having a disability. According to the lawsuit, the class members were offered packing operator/materials handler positions and were then required to undergo pre-employment medical and physical examinations. The EEOC charged that Lion unlawfully rescinded the class members’ job offers based on the company’s perception that the class members had back impairments and were unable to lift heavy objects.
Title II: State and Local Government
Maine Violates ADA For Over-Institutionalization of Children with Disabilities
On the 23rd anniversary of Olmstead v. L.C., the Department of Justice announced that the State of Maine unnecessarily segregates children with mental health and/or developmental disabilities, in psychiatric hospitals, residential treatment facilities, and a state-operated juvenile detention facility. The complaint stated that children in Maine, particularly those in rural areas or with more intensive needs, are unable to live at home with their families due to a lack of community-based behavioral health services.
South Carolina Segregates Adults with Mental Illness in Adult Care Homes
The Department of Justice found reasonable cause to believe that South Caroline violates the ADA by failing to provide sufficient community-based services. Instead, the state subsidizes adult care homes where people have little contact with people without disabilities, often leaving the homes only for medical appointments and group visits to grocery and convenience stores. This results in unneccessary institutionalization of adults with mental illness.
DOJ Finds City of Minneapolis Discriminates Against People with Behavioral Health Disabilities
Amongst other findings, the City of Minneapolis was found to have discriminated against people with behavioral health disabilities when responding to calls for assistance. The Department of Justice identified and concluded that persistent deficiencies in policy, training, supervision, and accountability contribute to the unlawful conduct and an overall pattern and practice of conduct violations.
The Department will reach out to members of the Minneapolis community for input on remedies to address the Department’s findings. Individuals may also submit recommendations by email at Community.Minneapolis@usdoj.gov or by phone at 1-866-432-0268.
Title III: Public Accommodations
Massage Envy Agrees to Nationwide Policy Changes in All Franchised Locations
Massage Envy Franchising, LLC, and ME SPE Franchising, LLC (“Massage Envy”) have entered into a settlement agreement with the United States Attorney’s Office for the District of Rhode Island. The settlement requires the company to change policies at all franchised locations nationwide in order to provide reasonable accommodations. The investigation revealed that Massage Envy had a corporate policy in place for franchisees which required customers to bring in a friend, family member or other helper if they needed assistance with getting on or off the table.
Nationwide Deaf and Hard of Hearing Improvements at CVS Minute Clinics
MinuteClinic, LLC (“MinuteClinic”), a retail health care provider operating inside CVS pharmacy locations, has entered into a settlement agreement with the United States, requiring it to change its policies and procedures to provide effective communication to individuals who are deaf and hard of hearing at all of its over 11,000 locations. Complaints alleged that MinuteClinic failed to provide ASL interpreters and that while the website directed patients to contact the patient support line to obtain an interpreter, representatives failed to schedule an interpreter on at least 6 occasions.
Q&A of the Month
Question: What is the difference between a service animal and an emotional support animal? Which animals are covered by the ADA?
Answer: The ADA protects people with disabilities and their right to bring trained service animals into covered locations like businesses, hotels, hospitals, grocery stores, government buildings, etc. Emotional support animals are not specifically defined under the ADA but they still provide valuable services and may be covered for access in certain circumstances.
- Service Animals: Dogs or miniature horses that are individually trained to do work or perform tasks for people with disabilities. Generally, trained service animals are allowed in any public space their handler is allowed to go, however, there are exceptions. For example, if the presence of the animal would result in a fundamental alteration or a direct threat to health and safety, the animal may be denied access. If this happens, the handler must be given the opportunity to receive goods or services without their animal present. Dogs or miniature horses whose sole function is to provide comfort or emotional support (e.g. emotional support animals) do not qualify as service animals under the ADA.
- Emotional Support Animals (ESAs): These animals are often used as part of a disability-related treatment plan to provide companionship, relieve loneliness, help with depression, anxiety, etc. Unlike service animals, ESAs do not have training to perform specific tasks. However, they may be covered under the Fair Housing Act (FHA) as a housing accommodation and, in some instances, could be considered as a workplace accommodation under Title I of the ADA. However, ESAs are not considered trained service animals and are not protected under the ADA for general public access.
What's the Difference?
The difference between an ESA and a service animal is in the training. For example, the Department of Justice has specified that if a dog has been trained to sense that an anxiety attack is about to happen and take a specific action to help avoid the attack or lessen its impact, this would qualify as a service animal task. However, if the dog’s mere presence provides comfort, that would not be considered a service animal under the ADA as the animal has not been trained to recognize or take a specific action related to the handler's disability. In addition, service animals must be housebroken and kept under control in public places covered by the ADA or they can be removed. This often requires extensive behavioral training for the animal to be effective and reliable in public places.
Check out the Department of Justice's FAQ on Service Animals for more information.
Resource of the Month
Find Accessible Outdoor Opportunities at Recreation.gov
Recreation.gov is a centralized travel planning platform and reservation system for the recreational facilities managed across 13 federal agencies. The site offers tools, tips, and information to discover parks and historic and cultural sites across the US.
As part of its Accessibility Initiative, visitors can search for accessible camping and park facilities. Visitors can also review and comment on the accessible features of the sites that they visit.
Check out the Great Lakes ADA Center's archived webinars for our Arts-N-Rec series.
Stay Connected
Stay informed on the ADA, disability topics, and resources by following us on social media @ADAGreatLakes.
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33 years ago on July 26, 1990, the Americans with Disabilities Act (ADA) was signed into law. This historic civil rights legislation protects people with disabilities from discrimination. But who do you call when you have a question on the ADA? Where can you find credible ADA guidance? Check out our “Know Your ADA Resources Series.”
