February 2023

Volume 16 Issue 5 

 

Honoring Black Disability History

In the month of February, we celebrate the historic figures that make up Black American history, including those with disabilities. The National Disability Institute’s article, Black Disability History is Black History, Too! , highlights the identities and accomplishments of these four historic figures:

• Harriet Tubman – An abolitionist who experienced epileptic seizures
• Thomas Wiggins (aka, Blind Tom) – A musical savant on the autism spectrum
• Fannie Lou Hamer – A civil rights activist who was born with polio
• Johnnie Lacy – An advocate for independent living, also born with polio

Disability Marriage Equality

As Valentine’s Day approaches, many people with disabilities are reminded that marrying their chosen partner could result in the loss of important federal benefits and health insurance. Activists and members of the disability community have pointed out that, while interracial and same-sex marriages have been codified into law by the Respect for Marriage Act, many members of the disability community are still at risk of losing federal benefits by choosing to marry a non-disabled partner.

Read more about the fight for Disability Marriage Equality.

$686 Million in Grants Towards Transit Station Accessibility

More than 900 “legacy” rail transit stations are not fully accessible. The All Stations Accessibility Program aims to support transit agencies to repair, improve, modify, retrofit, or relocate station elements or facilities for more accessible passenger use. The U.S. Department of Transportation's Federal Transit Administration (FTA) has already announced 15 grants in nine states that will make it easier for people with disabilities and mobility needs to access some of the nation's oldest and busiest rail transit systems.

Illinois and Ohio are both on the list to receive federal grant funding. See the full list of All Stations Accessibility Program Projects for FY22-23.

Read more about this grant program for modernizing inaccessible transit stations.

National Framework for Disability Equity in Health Care

The National Council on Disability (NCD) has provided a roadmap for policymakers to fix systemic barriers and address longstanding medical discrimination against persons with disabilities. The framework presents the following core elements:

• Designating people with disabilities as a Special Medically Underserved Population (SMUP) under the Public Health Services Act;
• Designating people with disabilities as a Health Disparity Population under the Minority Health and Health Disparities Research and Education Act;
• Requiring comprehensive disability clinical-care curricula in all US medical, nursing and other healthcare professional schools and requiring disability competency education and training of medical, nursing and other healthcare professionals;
• Requiring the use of accessible medical and diagnostic equipment; and
• Improving data collection concerning healthcare for people with disabilities.

Read more about the NCD’s Health Equity Framework.

Legal Services and Representation for Illinois Veterans

The Illinois Department of Veterans' Affairs (IDVA) announced a new partnership with the National Veterans Legal Services Program (NVLSP) to offer incomparable free access to legal representation for Illinois veterans and their families in appeals before the U.S. Court of Appeals for Veterans Claims (CAVC). This partnership aims to defend the rights of veterans and ensure fairness in the disability benefits arena.

To learn more about NVLSP, visit www.nvlsp.org.

Read more about the IDVA and NVLSP partnership.

Equip for Equality: Know Your Rights Trainings

Equip for Equality’s new independent Client Assistance Program (CAP) is offering free monthly webinars on a range of topics including transition services, reasonable accommodations, discrimination, and disability disclosure.

The next webinar is ADA & Best Practices When Applying for Jobs as a Person with a Disability on Friday, February 10, 2023, from 12:00 – 1:00 pm CT. Past trainings are archived on their website with the recording and materials.

Learn more about Equip for Equality’s CAP team and their Know Your Rights Trainings.

Accessibility Makes Ball State University a Leading Campus in Indiana

The ADA was originally passed in July 1990, but Ball State’s Office of Disability Services and Facilities were already making Ball State accessible as far back as the 1920s. This culture of accessibility included creating a temporary committee to help students with disabilities, ordering books on tape for students with visual impairments, and having members of their football team assist in carrying students in wheelchairs up and down stairs to attend class.

Learn more about the accessible campus experience at Ball State University.

Indianapolis Ice Cream Shop Models How to Effectively Employ and Retain People with Intellectual and Developmental Disabilities

Howdy Homemade Ice Cream is a franchise with a mission to provide jobs to people with intellectual or developmental disabilities and help other employers see them as a dependable workforce. Half of the franchise’s workforce must be people with disabilities and employees at the new Indianapolis location are paid an average of $13.06 an hour. This is a big difference from the sheltered work employment models in Indiana which had employees earning an average of $3.32 an hour in 2022—less than half the federal minimum wage.

In addition, while many companies have been struggling to retain employees, Howdy Homemade’s Indianapolis location has lost just one employee since opening in September.

Read more about Howdy Homemade Ice Cream’s inclusive and accessible work model for persons with disabilities. (Article may require a subscription)

Learn more about the Howdy Story on their website, www.howdyhomemade.com.

Currency Readers Available for Michiganders Who Are Blind or Low Vision

The Michigan Braille and Talking Book Library is accepting applications for people who are blind or low vision to receive a free audible currency reader. The currency reader identifies all U.S. currency in circulation, including $1, $2, $5, $10, $20, $50 and $100 denominations, providing greater independence to users with vision-related disabilities.

Those interested in applying for a currency reader should contact the library by calling 1-800-992-9012, or by emailing turnerb9@michigan.gov

Read more about the Braille and Talking Book Library’s currency reader program.

House Bill Bars Disability Discrimination for Organ Transplant Recipients

House Bill 4762 now bars discrimination against organ transplant recipients based on physical or mental disabilities in Michigan. The bill also prohibits a health care provider from denying an individual any associated treatments or consultations.

Organizations like the National Down Syndrome Society praised the bill for protecting the rights and lives of countless Michiganders with disabilities in need of organ transplants.

Read more about the passing of House Bill 4762.

Former Foster Children Struggle to Make Ends Meet While Counties Withhold Federal Benefits

Under a longstanding practice, Minnesota counties are withholding monthly Social Security payments from foster children whose parents have died or who have become disabled, and instead are using the money to offset the cost of county foster care. Based on new data, child advocacy groups estimate that each year between $6 million to $10 million in federal payments are being taken from some 1,400 foster youths statewide.

Read more about the advocates challenging payment diversion practices.

New State Grants Allow Minnesotans to Stay in Their Homes

Fifty-seven organizations will receive more than $7 million in Live Well At Home grants from the Minnesota Department of Human Services (DHS) to support aging Minnesotans. The goal is to help older adults stay healthy, independent and involved in their communities. These funds will assist in providing services such as transportation, care coordination, home modification, and more.

Read more about grant amounts and locations.

Harmful Language on Disabilities Removed from State Law

A recently signed act removes derogatory language about people with disabilities from Ohio state law. Advocates praised the passage of the Mental Health and Disability Terminology Act which removes words like “idiot,” “lunatics,” and “derangement” which were still a part of the Ohio Revised Code.

Read more about Ohio’s Mental Health and Disability Terminology Act.

New Ohio Law Protects the Parental Rights of People with Disabilities

With the signing of Senate Bill 202, Ohio joins fewer than half of states who have codified protections for disabled parents, guardians and caregivers. The bill prohibits courts and other child services or adoption agencies from denying or limiting parental or custodial rights based on a person’s disability. Instead, the law realigns agencies’ actions with how nondisabled parents are typically treated: challenging parental or custodial rights only when there is clear and convincing evidence of a threat to the welfare of a child.

Read more about Ohio’s new parental and custodial protections.

Wisconsin Workers with Disabilities Face Transportation Barriers

Many Wisconsonites with disabilities lack reliable transportation options. In 2018, 59% of respondents to a Survival Coalition of Wisconsin Disability Organizations survey reported that a lack of suitable public transportation limited their ability to find and keep a job. Driving barriers for adults limit the size and flexibility of the state’s workforce. This adds additional pressure on employers who are already facing a long-term labor crunch due in part to Wisconsin’s aging ​​demographics and a lack of migration.

Read more about Wisconsin’s transportation barriers.

DRW Testifies in Support of Banning Conversion Therapy

Disability Rights Wisconsin (DRW) testified at the Joint Committee on the Review of Administrative Rules meeting in support of banning conversion therapy. The committee has been considering a motion to suspend the portion of the Social Workers Conduct Code that explicitly bans this practice. Conversion therapy is widely seen as ineffective and harmful to the mental health of LGBTQ people, including many people with disabilities, increasing the risk of suicidal thoughts and attempts.

Read the full testimony from Disability Rights Wisconsin (DRW).

Red Roof Inns, Inc. Will Pay $43,188 to Settle EEOC Disability Discrimination Suit

According to this EEOC lawsuit in Springfield, Ohio, Red Roof failed to provide a Contact Center employee with a reasonable accommodation so that he could participate in an information seminar to learn more about a promotional opportunity in its Online Connectivity department. The individual, who is blind, also alleges he was told it would be a waste of time to apply because his visual impairment could not be accommodated.

Failure to Accommodate Deaf Applicant Results in $180,000 Consent Decree for North Memorial Health

In July 2020, this complaint alleged that North Memorial Health failed to hire an applicant for a greeter position because she is deaf. The applicant was qualified for the position and could perform the essential functions of the job which included greeting visitors, applying COVID-19 masking standards and policies, giving directions and keeping the area tidy and welcoming.

Employment Offer Withdrawn by Hiland Dairy Due to Applicant’s Visual Impairment Results in $140,000 Settlement

According to the EEOC, Hiland refused to hire a man to work at its Norman, Oklahoma, dairy plant because of his vision impairment. Hiland initially offered the applicant a dairy plant worker position knowing he had a disability, but then withdrew the offer after a standard pre-employment medical exam.

Justice Department Finds Alaska Unnecessarily Segregates Children with Behavioral Health Disabilities in Institutions

The State of Alaska was found to have violated the ADA by failing to provide community-based services to children with behavioral health disabilities. Instead, the state relied on segregated, institutional settings such as psychiatric hospitals and psychiatric residential treatment facilities.

Settlement With Florida School District Secured to Protect Students with Disabilities

The Justice Department recently announced a settlement with Okaloosa County School District in Florida after concluding an investigation that revealed the school district violated the ADA in its response to known physical and verbal abuse as well as improper seclusion and restraint of students with disabilities.

Illinois Economy Inn Settles ADA Lawsuit

The U.S. Attorney’s Office for the Central District of Illinois recently announced that it reached a settlement agreement with a Kankakee hotel and its owner regarding violations of the ADA. The complaint accused Economy Inn of refusing to rent a room to an individual with a disability.

Eye Surgery Practices Agree to pay $1 Million and End Discriminatory Policies Towards People with Disabilities

A proposed consent decree with Barnet Dulaney Perkins Eye Centers (BDP) and American Vision Partners (AVP) will resolve a lawsuit alleging that these eye care practices refused to operate on certain patients who needed assistance transferring from their wheelchairs for surgery and required other such patients to pay for third-party medical transport and transfer assistance.

American Red Cross Emergency Preparedness App

The American Red Cross has rebuilt its all-inclusive accessible Emergency App which provides alerts and preparedness information about various disasters. The app is available in both English and Spanish with a new and easy-to-find language toggle.

The new app provides step-by-step guides and resource videos in American Sign Language (ASL).

Download the free Red Cross Emergency app, search “American Red Cross” in app stores or go to http://redcross.org/apps.

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In case you missed it, our Ask an ADA Professional session regarding Parking and the ADA is available to view as an archive. During this session, individuals had the opportunity to ask ADA Professionals questions about accessible parking. Check out this example of an inaccessible parking space.

View the Ask an ADA Pro webinar archive.#FlashbackFriday #Parking