February 2025
Volume 18 Issue 4
Creating a Culture of Inclusion at Camp: 8 Essential Habits for Staff
I Do Not Want Your Cookies: People with Disabilities Experiences on Advisory Committees
The Great Lakes ADA Center in collaboration with the ADA National Network are excited to announce the 2025 National ADA Symposium. The symposium will betaking place virtually May 5-7, 2025 and in-person June 15-18, 2025.
The Center will continue its history of supporting participation and attendance from across our six-state region by providing a limited number of stipends to cover the registration fee for attending either the virtual or in-person Symposium. Stay tuned for this announcement!
The Virtual National ADA Symposium will be May 5-7, 2025 and will feature 36 sessions covering all areas of the Americans with Disabilities Act presented by nationally recognized experts on ADA issues. The virtual Symposium registration deadline is close of business on April 11th.
This year’s In-Person National ADA Symposium will be held in Atlanta, Georgia from June 15-18. The event will offer over 80 sessions on a wide range of topics presented by nationally recognized experts on the ADA and disability issues, including our own Great Lakes ADA Center staff! Visit the in-person National ADA Symposium website to view the event agenda. The in-person Symposium registration deadline is May 16th or when the event is sold-out, whichever comes first.
Deceptive AI Product for Web Access Pays $1 Million Settlement
The Federal Trade Commission (FTC) is requiring software provider accessiBe to pay a settlement based on allegations that it misrepresented the ability of its AI-powered web accessibility tool to make any website comply with the Web Content Accessibility Guidelines (WCAG). In 2022, our Center hosted a webinar about the dangers of relying on website overlays for compliance. Watch the session recording for Website Overlays – The Rise of Accessibility Automation.
Uber’s New Feature Supports ADA Rights of Services Animal Users
Just a few months after the National Federation of the Blind (NFB) protest at Uber and Lyft headquarters last November, rideshare company Uber has released a new feature to combat discrimination against people with disabilities and their service animals. This feature comes after numerous reports from riders with disabilities that they were denied rides based on their use of a service animal. Check out the Uber service animal user guide.
Increasing Competitive Integrated Employment in 13 States and DC
The Department of Labor (DOL) Announced that they have selected 13 states and the District of Columbia for is National Expansion of Employment Opportunities Network (NEON) Initiative. The selected states are Colorado, Delaware, Hawaii, Illinois, Iowa, Kentucky, Missouri, Montana, New Jersey, New York, Ohio, Oregon and Tennessee. The goal is to provide capacity-building support, policy development assistance and ongoing mentoring to increase competitive integrated employment for people with disabilities.
Inclusive Dentistry Practices Transforming Regional Healthcare
Inclusive dentistry is transforming access to care for individuals with disabilities in the Great Lakes region. The Delta Dental Foundation helps clinics across Michigan, Ohio and Indiana establish Centers for Inclusive Dentistry. These Centers assist in providing training, sensory-friendly tools, and other resources to help clinics meet the needs of patients with disabilities.
Law Passed Eliminating Subminimum Wage
Illinois Governor JB Pritzker recently signes into law
The Dignity in Pay Act that enables disabled residents to earn a full minimum wage. This law will eliminate Illinois’ 14(c) certificate program by December 31st, 2029. The 14(c) program is what allowed some employers to pay people with disabilities a subminimum wage.
Proposed Bill Would Ban Derogatory Names for People with Disabilities Being Used as Mascots
A proposed state bill called the Prohibition of Discriminatory Disability Mascots Act could prohibit public schools from using derogatory mascot names, such as the “Midgets,” a term many people with dwarfism consider a slur. If signed into law, the bill would give pubic schools until 2028 to phase out old logos, uniforms, and other materials.
Indiana Joins Federal Lawsuit Surrounding Constitutionality of Disability Civil Rights Law
The State of Indiana has joined a lawsuit that aims to declare Section 504 of the Rehabilitation Act of 1973 unconstitutional. According to a lawsuit filed in federal court, 17 states — including Indiana — are challenging the Department of Health and Human Services on its Final Rule addition to Section 504 which mentioned “gender dysphoria” but also added substantial protections against disability discrimination in healthcare such as new requirements for medical diagnostic equipment, a web and mobile app technical standard, and nondiscrimination protections for HHS-funded child welfare agencies. Learn more about the HHS Section 504 Final Rule.
Accessibility Highlighted in the Indiana Recreation Guide
DNR’s 2025 Indiana Recreation Guide includes an article titled, “Accessibility for all is high priority of DRN.” This article highlights the accessibility of their facilities and programs such as accessible lodging rooms and dining areas, accessible camping areas and trails, power chairs to provide access to more difficult trails, accessible hunting, fishing and more! Visit DNR: Accessibility Outdoors to learn more about the activities mentioned in the guide.
Bill to Expand the Disability Savings Program MiABLE Passes
A new law was recently passed to update the MiABLE Disability Savings Program and allow for more flexibility in spending. Public Act 194 of 2024 allows for tax-free rollovers from 529 educational plans into ABLE accounts, allowing for more flexibility regarding how these funds are used. Legislators say this bill will make 500,000 more Michiganders eligible for MiABLE.
Student Loan Repayment Program Helping to Tackle Mental Health Workforce Shortage
Michigan has long faced a critical shortage of mental health professionals, impacting access to vital care for communities across the state. To address this growing challenge, the Michigan Department of Health and Human Services launched the Behavioral Health Now Loan Repayment Program, a strategic initiative aimed at attracting and retaining mental health professionals by alleviating the financial burden of student loans.
Plan Update: Minnesota Olmstead Implementation Office
The Olmstead Subcabinet recently decided it was time for a more comprehensive update of Minnesota’s Olmstead Plan. The process of creating a new Olmstead Plan will center on co-creation with the disability community. The Olmstead Implementation Office is working with the Dendros Group to support consultants with lived experience of disability. Dendros will select, train, and support 17 to 23 individuals to work as Inclusion Consultants. These consultants will work closely with state agency staff to create the next Olmstead Plan.
New State Budget Proposal Could Bring Cuts to Disability Services
Recently state officials have emphasized that the two biggest deficit drivers are long-term disability care and special education transportation costs. The proposed budget would reduce state spending on the Medicaid waivers used by more than 70,000 low-income Minnesotans with disabilities.
Courts Block Ohio from Forcing Change at Warren County Day Treatment Program
The Department of Education and Workforce is working through the courts to impose new teaching directives upon the Warren County Educational Services Center. This unit is a specialized day treatment program for youth who have severe behavioral problems. But some complaints by parents as well as charges from Disability Rights Ohio (DRO) accuse the Wellness Center of depriving children with disabilities of a comprehensive education.
Universal Changing Stations in State Rest Areas
Several departments are working together to add Universal Changing Stations to family restrooms in rest areas across the state. These rest areas will include the addition of an adjustable table for those assisting those with disabilities or medical conditions. Universal Changing Stations will be installed at the I-77 rest areas in northern Summit County next year.
Grant Funding Opportunities to Improve Telecommunications Access and Affordability
The Nonprofit Access Grant Program provides grant funding to nonprofit organizations to facilitate access to essential telecommunication services for low-income households, people with disabilities, and customers in areas with relatively high costs of services. This round of the Program will have a two-year performance period, and the Commission may award a total of $500,000 in grants.
Applications are due on March 6, 2025 at 1:30 p.m.
Community Care Inc. (CCI) Expands Family Care Program
CCI’s Family Care program has officially expanded into seven new counties: Adams, Columbia, Dodge, Green Lake, Jefferson, Marquette, and Waushara. The expansion allows CCI to offer long-term care options in new areas for older adults and adults with disabilities, ensuring greater access to essential services that support independent living. Family Care is a Medicaid-managed long-term care program that provides a range of services, including personal care, home modifications, supportive home care, transportation, and therapy services.
Protections for Students with a Stutter, IBD, Migraine, or Narcolepsy
The Department of Education’s Office for Civil Rights (OCR) has released four new fact sheets that describe particular medical conditions and examples of how a school can address their needs. Check out the fact sheets for Inflammatory Bowel Disease (IBD), Migraine, Narcolepsy, and Stuttering.
Postsecondary Transportation for Students Under the ADA
This new report from the Rocky Mountain ADA Center examines whether colleges and universities are required to provide accessible transportation vehicles for students with disabilities under the ADA.
DOL Report: Direct Care Workers
The Department of Labor (DOL) has submitted a report to the House and Senate Appropriations Committees that assesses the current and projected demand for Direct Care Workers (DCW). The report examines the direct care industry, its challenges, and what entities like DOL, State Government and the U.S. Department of Health and Human Services (HHS) are doing to address the worker shortage.
Answer: Yes. On August 9, 2024, the Federal Register published the Department of
Justice’s final
rule updating the
regulations
under Title II of the ADA. The final rule has specific requirements about accessible
medical diagnostic
equipment (MDE) that apply to all state and local governments, including their agencies,
departments,
programs,
and services.
The new rule adopted the following:
Resource(s):
Learn more by visiting our ADA Frequently Asked Questions.
EEOC v. Northern Virginia Surgery Center, LLC (NVSC)
According to the lawsuit, when an older radiologic technologist requested an extension of her medical leave to recover from carpel tunnel surgery, NVSC terminated her and replaced her with two significantly younger and less qualified co-workers. The termination and replacement occurred while the employee was still on approved medical leave. In addition to paying $50,000 to the charging party, the two-year consent decree requires the company to revise its policies on the ADA and ADEA and provide training to its employees.
EEOC v. Federal Express Corporation (FedEx Express)
According to the lawsuit, a successful 30-year career dispatcher for FedEx requested to continue teleworking as an accommodation for her disabilities which, among other limitations, substantially limited the employee’s ability to walk. The employee, and other disabled dispatchers, previously performed dispatcher duties remotely for nearly three years, from approximately April 2020 until February 2023. FedEx denied continued telework based on an alleged operational need to have all its dispatchers work in the office and failed to engage with its disabled dispatchers to find alternative accommodations.
EEOC v. PACE Southeast Michigan (PACE)
According to the lawsuit, PACE maintained a policy that treated any employee unable to return to work following the expiration of Family and Medical Leave Act (FMLA)-allowed leave as a “voluntary resignation,” resulting in termination. Two employees requested a brief leave extension of three weeks or less to return to work following the expiration of FMLA leave and provided supporting medical documentation for the extensions. PACE refused to consider the requests and instead fired the employees. Under the consent decree, PACE will pay $60,000 in monetary damages to each of the two former employees, train human resources employees on compliance with the ADA, develop a reasonable accommodation policy, and provide a list of additional employees who were terminated at the conclusion of FMLA leave since the EEOC concluded its investigation. An additional $50,000 will be distributed among any of those individuals who would have qualified for a reasonable accommodation.
According to the lawsuit, a Sam’s Club employee sought to return to her associate position following a medical leave of absence after an automobile accident. The accident left her with post-concussion syndrome, upper back pain, muscle spasms, and chronic lower back pain. The employee sought minor, temporary adjustments to her duties as a reasonable accommodation for her disabilities. Shortly after returning to work and successfully performing one shift, the employee was informed by her supervisor that she could not work with restrictions and would instead need to take another leave of absence until she could work without any restrictions. As instructed, the employee sought additional leave, providing Sam’s Club with a date by which she would be capable of working without restriction. Sam’s Club then denied the employee’s requested leave and fired her. The store’s general manager told her Sam’s Club would not accommodate her injuries because they occurred outside of work.
DOJ v. Queens Borough Public Library (QBPL) and the City of New York (the City)
DOJ entered into a settlement agreement with QBPL and the City to resolve violations of the ADA at the Hunters Point Library Branch (the HPL Branch). The HPL Branch construction was completed in the fall of 2019. The US conducted an ADA compliance review in December 2019 of the HPL Branch shortly after it opened. That review identified approximately 95 violations of the ADA’s accessibility requirements which the City and QBPL have now agreed to remediate. Under the terms of the agreement, all remediation work will be completed within five years.
DOJ v. Sangamon County Sheriff’s Office (SCSO), IL
DOJ entered into an agreement with SCSO to resolve an investigation of race and disability discrimination in the provision of policing and dispatch services. The department launched its investigation based on complaints and reports about an SCSO deputy’s fatal shooting of Sonya Massey, a Black woman experiencing a mental health crisis, while responding to Ms. Massey’s 911 call for help. Under the agreement, the entities will review and update policies, rules, and procedures and provide training on a variety of topics, including non-discriminatory policing and interactions with individuals with behavioral health disabilities. The agreement requires the development and implementation of a mobile crisis team program, which will include trained behavioral health staff who timely respond to individuals needing urgent behavioral health assistance. The agreement also provides for the development of a Community Engagement Plan to ensure collaborative problem-solving and nondiscrimination in policing, as well as to increase transparency and community confidence.
DOJ v. City of Minneapolis and Minneapolis Police Department (MPD)
DOJ entered into a settlement agreement with the City of Minneapolis and MPD to resolve the Department’s findings that the city and MPD engage in a pattern or practice of conduct that violates the First, Fourth, and 14th Amendments of the Constitution as well as the ADA and other federal anti-discrimination laws. The consent decree filed requirements focus on preventing excessive force, stopping racially discriminatory policing, improving officers’ interactions with youth, protecting the public’s First Amendment rights, preventing discrimination against people with behavioral health disabilities, promoting well-being of officers and employees, and enhancing officers’ supervision and accountability.
DOJ v. Fulton County and Fulton County Sheriff’s Office
DOJ entered into an agreement to resolve the Department’s findings that conditions of confinement at the Fulton County Jail in Georgia violate the 8th and 14th Amendments to the U.S. Constitution, ADA, and Individuals with Disabilities Education Act. Assistant Attorney General Kristen Clark said: “If fully implemented, this consent decree and its comprehensive remedies should reduce violence and unnecessary force; increase the quality of medical and mental health care; reduce the use of unnecessary isolation, particularly for people with mental illness and 17-year-old children; and afford children with disabilities the education to which they are entitled.”
Also, check out, DOJ v. San Luis Obispos County another county jail lawsuit with a settlement agreement.
DOJ v. QptumServe Health Services, Inc. (OptumServe)
DOJ has entered into a settlement agreement with OptumServe, which provides medical services to veterans with disabilities, to resolve allegations that OptumServe refused to see a veteran at the time of a scheduled appointment because he was accompanied by a service animal. As a result, the veteran left the office without receiving any medical care. Under the agreement, OptumServe will make changes to its policies and procedures and provide additional training to its staff. Additionally, OptumServe will pay the veteran $85,000 in compensatory damages.
DOJ v. Mandan Parks and Recreation
DOJ entered into a settlement agreement with Mandan Parks and Recreation to resolve allegations that elements of the Starion Sports Complex (“Starion”) violate the ADA and were not fully accessible to individuals with disabilities. The Starion opened in 2017 and is an 84,000-square-foot facility with two ice rinks, a gymnastics center, parks maintenance shop, rubberized track and jumping facilities, practice field and track and field throwing facilities, and a synthetic turf football and soccer field. During its investigation, DOJ found that Starion did not provide an accessible path to visitor seating in the football field, the accessible seating provided in the competition ice rink was not an integrated part of the seating plan, the Starion lacked adequate accessible seating in other areas of the complex, and that elements of the toilet rooms, concourse, skate rental counter, outdoor picnic area, and assistive listening systems did not comply with the ADA’s requirements.
U.S. Attorney’s Office has entered into a settlement agreement with Stamford Marriott to resolve an ADA complaint filed by an individual with a disability alleging that the Stamford Marriott was not accessible for individuals with physical disabilities, and requires the hotel to make a suite accessible for individuals with mobility disabilities, make 14 additional rooms accessible for individuals with hearing disabilities, make numerous changes in other accessible rooms, add accessible dining surfaces, make changes in non-suite restrooms and the parking garage to improve accessibility. The Stamford Marriott is in the process of making the changes required by the settlement agreement and will continue to make improvements over the next 30 months.
State of Alabama – DOJ Letter of Findings
DOJ has concluded its investigation into Alabama’s long-term care system for children with physical disabilities and found that the State is unnecessarily segregating children with physical disabilities in nursing facilities and hospitals, while placing other children at serious risk of admission, in violation of the ADA. With appropriate community-based services, children with physical disabilities can live in family homes. However, Alabama restricts access to the services children with physical disabilities need to live at home and be part of their communities. As a result, children are being unnecessarily institutionalized in nursing facilities and hospitals, while other children are at serious risk of admission.
Also, check out DOJ Finds that Idaho Violates the ADA by Unnecessarily Segregating People with Physical Disabilities.
