March 2023

Volume 16 Issue 6 

 

EmpowHer: A Leadership Network for Women with Disabilities

In honor of Women’s History Month and International Women’s Day (March 8), we are highlighting the work of Disability EmpowHer Network. This non-profit is run by girls and women with disabilities and provides opportunities for skill-building, encouragement, and mentorship. Their programs include:

• EmpowHer Camp: Skill-building and empowerment camp which connects girls and successful women with disabilities for a week of mentorship
• Letter from a Role Model: Introductory mentoring program which matches girls with disabilities with successful women with disabilities
• EmpowHer Expressions: Public speaking and career coaching program for women with disabilities

New Proposed Risk Assessment for HIV in Blood Donors

This year on February 10, the American Red Cross issued a statement on the Food and Drug Administration’s (FDA) proposed individualized assessment for blood donation which aims to reduce the transmission of HIV and eliminate the longstanding donor ban based on sexual orientation. Many of the impairments associated with HIV can be considered substantially limiting and would qualify as a disability under the ADA.

If you are a person with HIV and/or a person with a disability in the LGBTQ+ community, the FDA will be taking public comment on this proposal for 60 days.

State of the Union: Investment Agenda for Disability Services

In this year's State of the Union Address, President Biden outlined a four-part Unity Agenda which would tackle disability-related concerns such as cancer research, the mental health crisis, improved care for veterans, and the opioid epidemic.

Read more about the administration's Unity Agenda goals:

• Update national cancer research
• Provide patient navigation support as a covered benefit for people with cancer
• Reduce veteran suicide
• Expand access to veteran peer supports and mental health services
• Invest in national and community level mental health supports
• Expand access to evidence-based addiction supports and services

Employers Seek Clarity on AI Discrimination and Enforcement

The Equal Employment Opportunity Commission (EEOC) investigates charges of discrimination against employers, which can result in litigation or costly settlements. This year, for the first time, the EEOC has included an emphasis on Artificial Intelligence (AI) in their strategic enforcement plan. However, a lack of guidance has left many employers and labor groups calling for an "educate first, then enforce" approach from the EEOC.

While the EEOC has issued guidance specifically addressing how employers can avoid violating the ADA when using AI tools, there is still a lack of guidance on how employers can comply with other nondiscrimination statutes. 

Read more about EEOC AI enforcement push and the call for guidance.

VIDEO: Watch the EEOC's recent hearing on Navigating Employment Discrimination in AI and Automated Systems – A New Civil Rights Frontier (Streamed Live, 1/31/2023)

Increased Aid for Elderly and Disabled Illinoisans 

There is a proposal before the Pritzker administration to increase the income amount provided through the Aid to the Aged, Blind and Disabled (AABD) program. If approved, this will allow eligible Illinoisans to have a combined income that is equal to or greater than the poverty level. Currently, Supplemental Security Income (SSI) covers up to about 70% of the poverty level and AABD was meant to fill the gap. However, the AABD program currently reaches only about 10% of residents receiving SSI and only covers up to about 80% of the poverty level. 

Read more about the AABD program proposal.

Illinois is Spending $225 million on State Capitol Upgrades

As part of the ambitious renovation project currently underway at the Illinois State Capitol, a new accessible entrance will be added to the north lawn which will allow for better access to the public. This entrance will be built according to the 2010 ADA Accessibility Standards in alignment with the state's continued work to make the statehouse fully accessible. As it stands, only one Capitol entrance is accessible.

Read more about the accessible entrance and other physical upgrades to the State Capitol.

New House Bills Seek to Improve Employment Outcomes for Hoosiers with Disabilities

According to an article on new legislation seeking to encourage employers to hire Indiana residents with disabilities, four out of every five Hoosiers with disabilities are unemployed. Currently, there are two new house bills that are looking to address this issue: Rep. Robb Greene’s House Bill 1559 and Rep. Ed Clere's House Bill 1160.

• House Bill 1559 calls for equal pay, regardless of ability, and rejects the former sheltered workshop model
• House Bill 1160 includes workforce training and grants to help offset the potential costs

Students Express Concerns with Disability Accommodations

Many students at Indiana University (IU) work with the Disability Services office to get accommodations, however, some of these students report that professors are not providing accommodations in a timely manner or at all. One student, Junior Paige Barnes, reported that Disability Services for Students has taken steps to help, but at a certain point, the responsibility lies solely with the professor. “For some professors this is a lack of awareness,” Barnes said. “For others, it’s a lack of caring.”

Read more about accommodation concerns for students at Indiana University.

Deaf Student Attempting to Sue Michigan School

In this Supreme Court case, the justices seem inclined to support a ruling related to the arguments of deaf student, Miguel Luna Perez. The suit is against the public school system in Sturgis, Michigan and alleges they failed to providing an adequate education. Perez’s lawyer says the school system failed him by not providing a qualified sign language interpreter and misled his parents into believing he was on track to earn his high school diploma. A decision on Perez v. Sturgis Public Schools is expected by the end of June.

Read more about this case and its implications for other disabled students and their families.

Many Veterans Struggle with Homelessness; These Programs are Helping

Veterans face real challenges every day regarding housing security such as the housing cost burden, racial disparities, securing employment that is equal in pay to what they earned in the armed forces and lack of awareness when it comes to housing benefits. There are a number of programs and resources available to veterans such as Lakeshore Housing Alliance (LHA), a program of United Way; Fresh Coast Alliance, a Muskegon-based ministry; Volunteers of America (VOA); and HUD-Veterans Affairs Supportive Housing (VASH) vouchers, just to name a few.

Learn more about the housing challenges veterans face and programs that can help. "

Disability Advocates Rally at Minnesota Capitol for Rate Increases

At a Capitol rally on Disability Advocacy Day, disability care organizations claimed that there are nearly 53,000 job openings for direct support professionals and personal care attendants in Minnesota. These organizations are struggling to hire and keep workers, and these shortages have left people with disabilities without support and sometimes without a stable place to live. To hire more workers, advocates are asking legislators for increases in reimbursement rates to raise wages for direct care workers. They also want to fund programs that would recruit new workers to the profession.

Read more about the rate increase rally at the Minnesota Capitol.

Bill to Address Public Safety PTSD Introduced in the Senate

Senate Bill 1959 introduced on February 20, 2023 seeks to implement measures aimed at prevention, treatment, and financial support for employees and employers related to Post-Traumatic Stress Disorder (PTSD). One of the bill’s provisions requires learning objectives and preservice training that would prepare peace officers and firefighters for the stressful and traumatic events that are common to their jobs. This would also teach officers methods to process and cope with stress and trauma.

Read more about this bill and its provisions related to PTSD.

Student Accessibility Services Work to Remove Barriers to Accommodations

Kent State University supports its students with disabilities through staff dedicated entirely to accessibility. The Student Accessibility Services (SAS) department works with each student to provide accommodations that make learning, working, and living easier. SAS seeks to reduce the stigma surrounding disabilities and empower students with accessibility needs. SAS also works with the Center for Adult and Veteran Services, Student Multicultural Center, Women’s Center, International Student Affairs and the LGBTQ+ Center to address students with intersectional identities.

Read more about Kent State University's Student Accessibility Services (SAS).

Resource Fairs to be Held in Honor of Developmental Disabilities Awareness Month

According to the CDC, developmental disabilities affect approx. 1 in 6 children ages 3–17. In order to help Northeast Ohio families find supports for children with a disabilities, Connecting for Kids is offering three Resource Fairs during the month of March. Each fair is free to the public and includes mental health, disability and other providers.

More information and registration for each fair is provided below:

• Eastern Cuyahoga County Resource Fair
• Lorain County Resource Fair 
• Western Cuyahoga County Resource Fair 

The Caregiver Crisis Hits LGBTQ Elderly and People with Disabilities Hardest

Being a member of the LGBTQ community can increase the negative effects of the personal care worker shortage for those with disabilities. In Wisconsin, caregiver vacancies increased by 4% in two years (currently at 27.8%), which includes a current 28.4% vacancy rate for certified nursing assistants and direct care workers. This shortage is compounded for members of the LGBTQ community who often do not have a family structure with children or an extended family to support them as they age. These individuals also experience bias from caregiving staff and probing questions about their gender pronouns and choice of clothing.

Read more about the Long-Term Care Worker Crisis and how you can support members of the LGBTQ community with disabilities in Wisconsin.

Governor Evers Proposal for Expanding Mental Health Access

In the weeks leading up to unveiling Governor Tony Evers' complete budget proposal, 2023 was declared the “Year of Mental Health.” As a part of this focus on mental health, Evers included in his budget proposal a list of policies and spending proposals, totaling around $500 million. The plan aims to address the mental health crisis in Wisconsin by investing in school-based mental health support services and expanding general access to mental health services to improve the quality of care for people across the state. 

Read more about Governor Evers' proposal for expanding mental health access.

Excentia to Pay $100,000 For Refusing an Applicant with Cerebral Palsy

Preschool provider, Excentia Human Services, has settled a case with the EEOC after they were charged with failing to hire a candidate for a preschool provider position because of her cerebral palsy. The three-year consent decree issued by the court requires Excentia to pay $100,000 in back pay and compensatory damages, to adopt policies and procedures, and to provide training to ensure compliance with the ADA. The decree also requires periodic reporting, monitoring, and a process for reviewing future disability discrimination complaints.

EEOC Sues United Labor Agency (ULA) for Disability Discrimination

According to the EEOC’s lawsuit, the Cleveland-based workforce development non-profit required its employees to return to in-person work after a long period of COVID-related telework. ULA denied an employee with breast cancer's ADA accommodation request to remain on telework for several months while she was undergoing radiation treatments and was immunosuppressed. The case alleges that after being required to return to the office, the employee was repeatedly excluded from emails notifying staff of COVID-19 exposures, despite her requests to be notified.

Minnesota Department of Corrections Agrees to End Discrimination Against People with Disabilities in its GED Education Program

The Justice Department has filed a complaint and proposed consent decree to resolve allegations that the Minnesota Department of Corrections (MNDOC) violated the ADA. The department previously found that MNDOC discriminated against incarcerated individuals with disabilities enrolled in its General Educational Development (GED) program by denying individuals with disabilities opportunities to apply for or receive needed modifications on the GED exam, courses or practice tests, such as extended time and frequent breaks.

Settlement Agreement Creates Accessible Absentee Voting Options for Voters with Print Disabilities

A historic Indiana lawsuit seeking ballot accessibility for voters with print disabilities has settled. As a result, the state has agreed to acquire a new remote accessible ballot marking tool that will allow these voters to cast their absentee ballots privately and independently. Voters will be able to access and mark their ballots digitally with their own assistive technology thanks to this tool. Once the ballot has been marked, voters will be able to submit it via email. The tool will be available to voters in time for the May 2023 primary election.

Five settlement agreements reached with cities over violations of the ADA

Under the five settlement agreements, the cities of Bangor, Dowagiac, Holland, Kalamazoo and Albion as well as MDOT will work to make their intercity rail stations accessible to persons with disabilities. Within the next three years, each entity will modify portions of their rail station and its access points as well as the parking lots, waiting areas, restrooms, and platforms.  

Ohio Department of Education Concludes Investigation into Warren County Educational Services Center Complaints

In 2021, Disability Rights Ohio filed a systemic complaint with the Ohio Department of Education on behalf of students placed at the Warren County Educational Service Center (ESC) in Lebanon, Ohio. 43 districts – as well as the ESC itself – were found to have violations of special education law. With the investigation complete, both the ESC and all 43 school districts have been ordered to take several steps to improve the situations of students placed there. 

Settlement with Commonwealth Clinical Group to Ensure Equal Access

Commonwealth Clinical Group, Inc., a mental health provider in Harrisburg, Pennsylvania has settled after a complaint alleged that patients with physical disabilities could not access the entrance as it was only accessible by stairs. Commonwealth Clinical group had a ramp to access the rear entrance, however, that ramp was located in a restricted employee lot and the main entrance had no signs pointing to the rear entrance. There was also no designated accessible parking space.

National Domestic Violence Hotline

Studies show that people with disabilities are more likely to experience abuse than people without them. Abuse can take many forms, ranging from overt physical and/or sexual assaults to bullying and emotional abuse. 

If you or someone you know experiences domestic violence, contact the National Domestic Violence Hotline at 1-800-799-7233 or text "START" to 88788. 

To learn more, visit the National Domestic Violence Hotline’s webpage on Abuse in Disability Communities. .

Stay informed on the ADA, disability topics, and resources by following us on social media @ADAGreatLakes.

Check out one of our most recent popular posts, image to the left:

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 historic figures with disabilities.

#BlackHistoryMonth #BlackDisabilityHistory #Intersectionality