May 2026
Volume 19 Issue 7
Walk Sign Is On to Cross: Requirements for Accessible Pedestrian Signals in PROWAG
In honor of GAAD, our Center is highlighting the WebAIM Million Project’s 2026 report. Every year, WebAIM conducts an accessibility evaluation of the top 1,000,000 website homepages. The results provide a current snapshot of the state of web accessibility across various sectors as well as insighta into notable trends. Here are this year’s notable findings:
Findings:
Conclusions & Guidance:
Apprenticeships: A Path to Success for Workers with Disabilities
This year for National Apprenticeship Week, the U.S. Department of Labor has released guidance on apprenticeships and how they can impact employment for people with disabilities. Learn more about apprenticeships and how to get started.
As Deadline Looms, Many Facilities Still Lack ADA Compliant Medical Diagnostic Equipment (MDE)
By August 9 of this year, public healthcare facilities using exam tables and weight scales are required to have at least one of each that meets the new MDE standards under the ADA. Learn about the new MDE rule and why advocates are reporting uneven compliance.
FDA Considers Ban on Electrical Stimulation Treatment for IDD
The U.S. Food and Drug Administration (FDA) is returning to a proposed 2024 ban against electrical stimulation devices (ESDs). These devices are intended to reduce or stop self-harming or aggressive behavior and have been used on people with intellectual or developmental disabilities (IDD). The ban has been on hold for two years but a recent unified agenda states that the projected publication date is May 2026. Learn more about the proposal to ban ESD.
Educational Opportunities for Incarcerated Individuals with Disabilities
House Bill 1810 would require reasonable accommodation for incarcerated individuals with intellectual or developmental disabilities, including waiving standardized testing requirements for entry into educational, vocational and work programs. Participation in these programs through a waiver will also qualify individuals for earned sentence credit, helping reduce recidivism and support reintegration. To strengthen support within correctional facilities, the bill also requires annual training for Illinois Department of Corrections staff on identifying individuals with intellectual or developmental disabilities and providing appropriate accommodations and support in educational and vocational settings.
Learn more: Johnson Advances Educational Opportunities for Incarcerated Individuals with Disabilities
AbilityLab to Carry on Legacy of Accessible Sailing in Chicago
Shirley Ryan AbilityLab is carrying on the work of fostering accessible sailing from the Judd Goldman Adaptive Sailing Foundation, with a gift valued at more than $5 million. In partnership with the Chicago Park District, the Goldmans, and the foundation and supporters offered up a fleet of specially designed sailboats and instruction to participants with conditions ranging from multiple sclerosis to spinal cord injury.
Learn more: AbilityLab Receives $5M to Carry on 35-year Legacy of Accessible Sailing in Chicago
Chicago-Area Riders Can Apply for an Increase in RAP & TAP Rides
Chicago-area riders who use the Rideshare Access Program (RAP) and Taxi Access Program (TAP) can apply for an increase in their monthly rides. RAP and TAP enrollees can visit the Regional Transit Authority (RTA) website to apply for a new 10 ride increase, which would bring the total rides available to the user to 40 rides per month. The increase will go into effect on July 1. If the rider cannot apply online, they can call (312) 913-3110 for assistance.
Indiana Withdraws from Texas vs. Kennedy Lawsuit
Indiana’s attorney general has pulled out of a federal lawsuit challenging the Department of Health and Human Services (HHS) 2024 updated Section 504 rule which includes important information and guidance about disability discrimination and access to services, particularly for healthcare. Additionally, the final rule incorporates changes needed to reflect amendments to Section 504, enactment of the Americans with Disabilities Act (ADA), and significant case law. Most HHS recipients have been covered by the ADA since 1991. The Indiana attorney general’s office filed a notice May 1 withdrawing and was joined shortly after by South Dakota who withdrew on May 12. This suit which initially included 17 states is now down to 6.
Learn more: The Arc of Indiana Applauds AG Rokita’s Decision to Withdraw from Texas v. Kennedy
New Statewide Coalition - Indiana Disability Alliance
Indiana’s leading organizations advocating for and representing people with disabilities and their families across the state have joined together to form the Indiana Disability Alliance, a new statewide coalition focused on advancing policies that support independence, inclusion, and opportunity.
Learn more: New statewide group to advocate for people with disabilities
University Students Create Assistive Devices to Aid Disability Community
A senior-level program at University of Detroit Mercy brings engineering and nursing students together to create personalized assistive technology devices for community members with disabilities. Last month, students showed off their finished products during a presentation which included a lift system to move items from a car to a porch and a transfer board to make it easier to move from a wheelchair to a car.
Learn more: University of Detroit Mercy Students Create Assistive Devices to Aid Disability Community
Students in Detroit Not Receiving Timely Special Education Evaluations
Data shows that of the 1,680 evaluation referrals the Detroit Public Schools Community District (DPSCD) received from the start of the school year through March, 72 were not completed on time and 728 are still in process. As the number of students diagnosed with disabilities has increased in DPSCD and across the state, districts have struggled to hire enough staff to keep up with demand for evaluations. National staffing shortages and inadequate state funding for special education compound the problem.
Learn more: Parents say Detroit Schools Fail to Complete Special Ed Evaluations on Time. Here is What the Data Shows
Legislation to Improve Disability Rights in Minnesota Human Rights Act
The House passed HF2380 that would add language to the public policy statement of the act specifying that not engaging in a process to provide an accommodation could be classified as a discriminatory practice. The amended bill goes back to the Senate for concurrence. The bill specifies that the process must occur when people with disabilities seek “to participate fully in employment, housing and real property, public accommodations, public services, and education.”
Learn more: House Lawmakers OK legislation Strengthening Disability Rights in Minnesota Human Rights Act
Increase in Projected Special Education Revenue
Minneapolis Public Schools (MPS) leadership announced an increase in projected special education revenue. Officials said revenue would go from $10.7 million in the current year to $10.8 million in the 2026-27 school year. This increase will help the district reduce the projected budget gap. MPS Superintendent Dr. Sayles-Adams said she issued a survey to families, asking what priorities they would like the administration to address. About 42% of respondents asked the administration to focus on fixing the structure of the district, and 25% requested improvements to programming.
Learn more: Minneapolis Public Schools Leaders Announce Increased Revenue from Special Education Programs
Study Reveals Gap in Accessible Housing Across Toledo
The study report, Accessible Housing in Toledo: Needs, Gaps, and Potential Solutions, finds that nearly one-third of all households in Toledo include at least one person with a disability. Yet the availability of housing that meets their needs falls far short. The study outlines strategies to help close the gap, including increasing the supply of accessible housing, expanding support for home modifications, improving coordination across systems, and making it easier for residents to find housing that truly meets their needs. The findings are intended to guide continued collaboration between community organizations, policymakers, developers, and residents.
Learn more: New Study Reveals Gap in Accessible Housing Across Toledo
Concerns in Ohio’s Residential Treatment Facilities for Children and Youth
Disability Rights Ohio (DRO) released "Patterns Persist: Alarming Concerns in Ohio’s Residential Treatment Facilities (RTF) for Children and Youth." This position paper calls for faster, more impactful action to be taken against facilities, and the need for new tools to help safeguard the youth living in these settings. These recommendations come after more than six years of investigations and monitoring activities discovered persistent and pervasive issues in Ohio’s Youth RTFs.
Learn more: Disability Rights Ohio - Patterns Persist
Milwaukee Airport Launches ASL Interpreting Service
Aira ASL allows travelers to connect on-demand with a professional ASL interpreter to bridge communication gaps between the Deaf and hearing. Milwaukee Mitchell International Airport (MKE) is the first location in the state of Wisconsin to offer free access to this service. Users are asked to download the Aira ASL app to connect with a professional interpreter. Aira ASL can be used across a vast range of situations at MKE, from baggage check to getting information about flight status to ordering food in the terminal. The service can also be used on the aircraft before take-off to get real-time interpreting about emergency instructions or pre-flight announcements.
Learn more: Milwaukee Mitchell International Airport: Launches ASL Interpreting Service for Travelers | WisBusiness
Bill to Protect Employment Opportunities for Adults with Disabilities
Restoration of Employment Choice for Adults with Disabilities Act is legislation aimed at protecting work opportunities and expanding employment choice for adults with disabilities. The bill would remove burdensome federal barriers that currently prevent many adults with disabilities from accessing workplace environments that best fit their individual needs, abilities, and long-term success.
Learn more: Wisconsin: Grothman Introduces Bill to Protect Employment Opportunities for Adults with Disabilities
Wisconsin Court of Appeals Reaffirmed Core Right for Medicaid Recipients
A ruling issued this month by the Wisconsin District III Court of Appeals reaffirmed a core right for Wisconsin Medicaid recipients: a fair hearing to ensure services are not denied inappropriately. The decision upheld a prior order from the circuit court in Lincoln County in Schott v. Wisconsin Department of Health Services, which held Plaintiff Tamra Schott’s rights were violated when her Medicaid-funded services through Wisconsin’s Comprehensive Community Services (CCS) program were terminated without notice of the right to a fair hearing.
Learn more:
How Artificial Intelligence Impacts Workplace Accommodations
This Job Accommodation Network (JAN) publication outlines how employers can use AI to accommodate workers, take advantage of the latest technology, integrate accommodations into AI-driven hiring tools, and prepare for the future of work. Learn more about AI's impact on job accommodations.
Opioid Use and Mental Health in the Construction Industry: The Importance of Workplace Supports
Mental health is a growing concern in the construction industry. The Employer Assistance and Resource Network on Disability (EARN) has released helpful tools create a safe and healthy workplace for members of this industry. Learn more about mental health and substance use disorder supports for the construction industry.
WCAG in Plain English
AAArdvark is making the Web Content Accessibility Guidelines (WCAG) easier to understand, one success criterion at a time. Check out this plain language, beginner-friendly guide for understanding WCAG.
Answer: ADA Titles II and III require that wheelchairs and manually-powered mobility aids be allowed in any covered areas open to pedestrian use, absent a fundamental alteration or direct threat.
Wheelchairs are defined as manually-operated or power-driven devices designed primarily for use by an individual with a mobility disability for the main purpose of indoor, or of both indoor and outdoor locomotion.
Manually-powered mobility aids include walkers, crutches, canes, braces, or other similar devices designed for use by people with mobility disabilities
In some instances, there may be policies put in place by the entity that address specific safety concerns related to these devices:
The ADA requires an individualized analysis to determine direct threat. Therefore, blanket policies should be avoided:
Resource(s):
Learn more by visiting our ADA Frequently Asked Questions.
According to the lawsuit, a long-term employee informed the company of her cancer diagnosis and need for intermittent leave to receive and recover from chemotherapy treatments. The company referred the employee to its third-party benefits administrator, but the leave was never granted. The employee accrued attendance points for cancer-related absences and was fired for violating the company's attendance policy.
When a new supervisor assigned the employee to work only in the cooler, she requested reasonable accommodation for her sickle cell disorder which can be triggered by extreme cold. Even though she worked on non-cooler assignments for most of her employment, the company denied her request and said it does not accommodate medical restrictions. Shortly after, Exel discharged her and later hired all other temporary employees for full-time positions except for the former employee, the suit said.
EEOC v. Carlstar Group, LLC (Carlstar)
According to the suit, since January 2020, Carlstar denied opportunities to employees when the company learned they were lawfully taking certain prescription medications, including narcotics and opioids, for the treatment of disabilities, even after employees were medically cleared to perform their job duties. The suit also alleged that Carlstar failed to consider or provide the workers with reasonable accommodations to the company's drug testing and substance abuse policy which would enable employees to work while lawfully using their prescribed medications. Carlstar will pay $300,000 and furnish other relief to settle the lawsuit.
EEOC v. PepsiCo Beverage Sales, LLC (PepsiCo)
According to the suit, a blind customer care advocate for PepsiCo's call center requested reasonable accommodation to allow him to access information in company computers needed to perform his job. PepsiCo said it could not provide accommodation and fired him. The suit alleged that PepsiCo rejected an offer by the North Carolina Department of Health and Human Resources to assist PepsiCo with identifying accessibility solutions for the employee. Under the consent decree, PepsiCo agreed to pay $270,000 and must work with an expert to ensure that certain software applications at the Winston-Salem facility will be accessible to individuals with visual disabilities.
EEOC v. Smiths Detection, Inc.
According to the suit, a manufacturing employee who suffered from complete hearing loss in her left ear asked for personal protective equipment to protect her residual hearing which was affected by manufacturing equipment noise in an area where she worked as a team lead. The employer responded by demoting her from team lead and assigning her to a quieter area. The demotion resulted in a reduction in pay, according to the lawsuit. Smiths Detection will pay $100,000 and furnish significant remedial relief to settle to lawsuit.
EEOC v. Federal Express Corporation (FedEx Express)
EEOC charged that FedEx failed to accommodate several dispatchers' requests to continue working from home and demanded the dispatchers' return to its downtown Manhattan office, effectively forcing at least one into retirement. The employee, and other disabled dispatchers, previously performed dispatcher duties remotely and successfully for nearly three years. According to the suit, 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. FedEx Express will pay $280,000 and furnish other relief to settle the lawsuit.
According to the suit, Lori's Gifts engaged in companywide unlawful employment practices since at least 2018, including using unlawful screening criteria and preemployment inquiries, and refused to hire qualified individuals with disabilities based on the perceived need to make accommodations for them. Lori's Gift's will pay $600,000 and provide other relief to settle the lawsuit.
EEOC v. Florence CK, LLC (Comfort Keepers franchisee)
During orientation, the employee notified employer of her pregnancy, and the company instructed her to obtain medical clearance. The EEOC found reasonable cause to believe that when the employee then notified the company of a pregnancy-related limitation, the company failed to accommodate and eventually fired her although the employee could perform the essential functions of the position with or without a reasonable accommodation. The EEOC found that the company discriminated against the employee violating four different federal anti-discrimination laws including the ADA by requiring an unlawful medical exam, failing to accommodate and firing the employee. The company agreed to pay $324,200 and take steps to resolve filed charge.
U.S. Department of Education v. District of Columbia Public Schools (the District)
Office for Civil Rights (OCR) concluded that the District violated Section 504 of the Rehabilitation Act and Title II of the ADA by denying students with disabilities a free and appropriate public education. After initiating an investigation last year, OCR concluded that the District allows untrained staff members to make decisions about the educational needs of students with disabilities and permits education services to be removed from a students' plan if the school social worker runs out of time or if a student seems unmotivated to participate. OCR issued a proposed Resolution Agreement.
Harold Thomas Rogers et al. v. West Virginia University (WVU) Board of Governors et al.
Graduate students with vision disabilities allege that WVU repeatedly provided inaccessible textbooks, electronic documents, and online course materials incompatible with their assistive technologies. They also claim discriminatory treatment during required field placements, including denial of assistive technology, unfounded accusations of academic misconduct, and inadequate planning to ensure accessibility.
Cusker v. Oregon Health Authority (OHA)
The plaintiffs in this case are licensed or trained psilocybin service facilitators who seek to provide home-based services to disabled and terminally ill clients who are unable to travel to service centers. Psilocybin is a naturally occurring, psychoactive compound. The plaintiffs have filed on behalf of themselves and their clients, alleging that OHA violated Title II of the ADA "by refusing to permit the reasonable accommodation of home-based service necessary to allow individuals with disabilities to access services under the PSA." At issue is Oregon's requirement that psilocybin services be delivered only at licensed service centers. Under Title II of the ADA, states must make reasonable modifications when program design discriminates against qualified people with disabilities.
DOJ v. Church's Chicken Franchisee
A veteran with a disability who uses a service animal alleged that an employee refused to serve the veteran unless his service animal was removed from the restaurant dining room. Under the Letter of Resolution, QSR has agreed to pay a $2,000 civil penalty to the United States and take other steps to ensure equal treatment to persons with disabilities who use service animals.
Charles George v. Hobby Lobby Stores, Inc.
A federal jury found that a Hobby Lobby discriminated against a man with intellectual disabilities when he was thrown out of the store and then pepper-sprayed three years ago. The man was awarded $10,000 in damages after his attorneys argued that the actions of the store manager violated the ADA by treating him less favorably than others because of his disability.
