The Americans with Disabilities Act Signing Ceremony on July 26, 1990 : short video chronicles the historic event

The ADA stands as one of the most important civil rights documents in the history of the United States, as it guaranteed for the first time that all People with Disabilities have the right to participate fully as equal members in society.

                                          

Signing Ceremony for Americans with Disabilities Act - National Archives and Records Administration (1990-07-26 - ARC 1656530, LI 220-DISAB-1) 
South Lawn, White House

The short video chronicles the events of July 26, 1990, when four thousand people gathered on the South Lawn of the White House to witness then President George H.W. Bush sign the Americans with Disabilities Act (ADA) into law.

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American History from the Presidential Libraries 

By Susan K. Donius, Director of the Office of Presidential Libraries, U.S. National Archives (posted July 26, 2012)

This year marks the 22nd (25th*) Anniversary of the Americans with Disabilities Act (ADA). In 1990, President George H.W. Bush (RIP 2018) signed the Act into law on the White House South Lawn in front of an audience of 3,000 people. On that day, America became the first country to adopt a comprehensive civil rights declaration for people with disabilities.

The ADA was a landmark moment in history, designed to provide universal accessibility in the areas of employment, public service, public accommodations and telecommunications. As President Barack Obama noted in 2009 at the signing of the U.N. Convention on the Rights of Persons with Disabilities Proclamation, the ADA “was a formal acknowledgment that Americans with disabilities are Americans first, and they are entitled to the same rights and freedoms as everybody else: a right to belong and participate fully in the American experience; a right to dignity and respect in the workplace and beyond; the freedom to make of our lives what we will.”

Among the holdings of the Presidential Libraries of the National Archives are many letters, meeting notes, photos and White House memos that document the collaborative process of creating the ADA. The Presidential Libraries have protected and shared the records of every Presidential administration since 1929, and the history of people with disabilities is woven throughout.

Sierra Gregg is a second year intern in the Office of Presidential Libraries, who recognizes the importance of sharing Presidential records related to disability history. She has been closely involved in a project to make a selection of these documents accessible to a wide audience. The following post is written by Sierra, about the Americans with Disabilities research page that is now available on the National Archives website.

I was born visually impaired one year after the signing of the ADA. I have grown up in a world where my visual impairment is not a hindrance to my success, only a characteristic of who I am. The ADA has made it possible for me to get the help I need to work toward my academic and professional goals.

However, the story of disability civil rights did not start with the ADA and it certainly did not end on that day 22 years ago. The efforts to ensure independence and equality for people with disabilities have a long and fascinating history. Throughout the course of two summer internships, I have worked on the Presidential Libraries team to collect a small sample of records related to Americans with disabilities. This collection will be added to the research topic section of the National Archives’ website and will contain at least one record from every Presidential administration since Herbert Hoover.

Although the collection contains records related to different disabilities, the records directly related to visual impairments are particularly meaningful to me. I believe my favorite record in the collection is a Braille letter written to President Dwight D. Eisenhower in 1956 by then-thirteen-year-old John Beaulieu. I first saw the letter on display in the Public Vaults exhibit of the National Archives in Washington, D.C. I still wish I could read the words with my fingers instead of just listening to the description. I was duly impressed that Beaulieu wrote the letter using a slate and stylus; I never quite mastered the art of using the slate. In order to write using the slate and stylus a thick piece of paper is placed face down in the slate, the stylus is used to punch out dots in the paper. The trick is every letter has to be written backwards so it can be read when the page is flipped.

The collection also contains two letters written to President Herbert Hoover by Helen Keller. She wrote letters to eight U.S. Presidents, starting in 1903 with Theodore Roosevelt. She also personally met 13 Presidents from Grover Cleveland to Lyndon B. Johnson. I must admit to feeling a twinge of envy when I learned that during a visit to the White House, she investigated her historic surroundings with touch. She even identified a bust of George Washington with her fingers.

The Americans with Disabilities research collection currently includes more than 50 different records. They range from Keller’s letters to President Hoover to photos of a White House dinner hosted by President Clinton, honoring the Special Olympics. It’s a resource that will continue to grow, and one that sheds light on an important part of disability, and American, history.

# Learn more by visiting the Americans with Disabilities research page from the Presidential Libraries at: https://www.archives.gov/research/americans-with-disabilities.

# Susan K. Donius is the Director of the Office of Presidential Libraries at the National Archives and Records Administration.
# Sierra Gregg is a senior at Truman State University in Missouri where she is studying computer science. This year, she was awarded a scholarship from the National Federation of the Blind.

For all posts on American with Disabilities History CLICK HERE 

# post was originally posted July, 2011.

Let's Lower The Barriers for Young People with Disabilities | Sen. Bob Casey Commentary

Fear and hope. Pride and heartbreak. Sadness and love. Those are only some of the emotions of family members highlighted in the important Inquirer series “Falling Off the Cliff,” as youth with disabilities move from school-age services into their adult years.

opinion by Sen. Bob Casey, For Philly.com | Dec 2017

OFFICE OF U.S. SENATOR BOB CASEY - photo

Sen. Bob Casey is a sponsor of legislation aimed at improving support for children with disabilities.

The possibilities for young people with disabilities are endless, just as they are for our young adults without disabilities. The barriers are so much greater, but the challenges to families are not insurmountable with proper support.

More than 40 years after the passage of the Individuals With Disabilities Education Act and 27 years after the passage of the Americans With Disabilities Act, a generation of young people with disabilities has grown up who have high expectations: to live on their own, to have a job, to become independent, to be active and valued members of their neighborhoods.

All of those expectations and goals, however, can be dashed without the right supports and services. As the series points out, if you have to wait for decades for services; or there are not enough skilled, professional direct service workers; or there is no accessible transportation or housing, then the transition from youth to adulthood for a person with a disability can be a plummet over the side of a cliff for both the young person and his or her family.

To avoid that cliff we need to do two things: Ensure community-based services and supports are available for young people with disabilities and remove as many barriers to employment as possible.

First, we need to make community-based services for people with disabilities as available as institutional services. Right now, through the Medicaid program, our laws guarantee institutional care for adults with disabilities but do not guarantee community supports. As the Medicaid law is written, receiving supports and services in the community is based on a waiver granted by the federal government. The result is that almost half a million people around the country are waiting for services in their homes and communities.

To make it possible for people with disabilities to live in the community with the supports they need, we need to amend the 1965 law that created Medicaid so that community-based supports are a right, enabling people with disabilities to choose to live in the community that will best enable them to succeed and to thrive.

The Disability Integration Act (DIA), which I and 15 other senators support, would change that. It would ensure that community-based services are a right as a matter of law, just as institutional support is now. It makes little sense that under current law institutional care is a right but community living is a benefit rationed only to a portion of those who seek it. The benefits of this would go far beyond stopping youth with disabilities and their families from falling off the cliff. Of course, all of this is meaningless if the budget passed by Republicans in October becomes a reality. If that happens, hundreds of thousands more people with disabilities will lose their community Medicaid supports and either be forced into institutions or receive no services at all.

Ensuring funds are available for community-based services would help to create a network of community providers to support people with disabilities. It would also ensure there is money to pay direct support professionals, thus creating a pipeline of workers to provide the necessary services.

The Department of Labor has estimated there will be over a million personal care aides and home health aides needed over the next 10 years. The DIA will promote the growth of agencies to provide support services and help to attract individuals into the field.

In addition to community support, we also need to prioritize employment of persons with disabilities, which is key to independence. Employment for people is now an expectation. To make that a reality, we need to remove as many barriers as possible to obtaining a job.

One of those barriers is the risk of losing one’s benefits. The Stephen Beck Achieving a Better Life Experience Act in 2014, better known as the ABLE Act, makes it possible for those with disabilities to save up to $15,000 a year without risking eligibility to their Medicaid health care and other benefits.

ABLE is a first step to encouraging youth with disabilities to work and save for the future. We need to remove more barriers. The current tax bill moving through Congress would eliminate the tax credit to businesses that hire people with disabilities. That is wrong. We should be encouraging businesses to hire those with disabilities, not putting new barriers in place.

We also need to ensure adequate funding is in place for vocational rehabilitation services, which help people with disabilities develop the skills they need to find and keep work.

And we need to make sure the last three years of school eligibility for students with disabilities are focused on developing skills to be successful in postsecondary education, the workplace, or both.

There are many more changes we can make to eliminate the cliff young people with disabilities and their families face when they turn 21. Let’s start by making sure services are available in the community and the path to employment is as smooth as possible. By doing so, we’ll be filling in that canyon and eliminate the cliff all together.

Bob Casey is a Democratic U.S. Senator from Pennsylvania. @SenBobCasey

http://www.philly.com/philly/opinion/commentary/intellectual-developmental-disabilities-americans-with-disabilities-act-bob-casey-pa-20171208.html

Understanding Your Employment Rights Under the Americans with Disabilities Act (ADA): A Guide for Veterans

Introduction

In recent years, the percentage of veterans who report having service-connected disabilities (i.e., disabilities that were incurred in, or aggravated during, military service)[1] has risen. About twenty-nine percent of recent veterans report having a service-connected disability, as compared to about thirteen percent of all veterans.[2] Common injuries experienced by veterans include missing limbs, spinal cord injuries, burns, post traumatic stress disorder (PTSD), hearing loss, traumatic brain injuries, and other impairments. Other veterans leave service due to injuries or conditions that are not considered service-connected.

This Equal Employment Opportunity Commission (EEOC) guide is intended to answer questions you may have about your rights as an injured veteran, now that you have left the service and are returning to a civilian job or seeking a new job. It also explains the kinds of adjustments (called reasonable accommodations) that may help you be successful in the workplace.

1. Are there any laws that protect veterans with disabilities in employment?

Yes. There are several federal laws that provide important protections for veterans with disabilities who are looking for jobs or are already in the workplace. Two of those laws --the Uniformed Services Employment and Reemployment Rights Act (USERRA) and Title I of the Americans with Disabilities Act (ADA) - protect veterans from employment discrimination. See Qs&As 6 and 7 for a discussion of laws providing veterans' preference and special hiring for veterans.

USERRA has requirements for reemploying veterans with and without service-connected disabilities and is enforced by the U.S. Department of Labor (DOL) and the Department of Justice (DOJ). Title I of the ADA, which is enforced by the U.S. Equal Employment Opportunity Commission (EEOC), prohibits private and state and local government employers with 15 or more employees from discriminating against individuals on the basis of disability.[3] Any veteran with a disability who meets the ADA's definition is covered, regardless of whether the veteran's disability is service-connected.

2. What does USERRA do?

USERRA prohibits employers from discriminating against employees or applicants for employment on the basis of their military status or military obligations. It also protects the reemployment rights of individuals who leave their civilian jobs (whether voluntarily or involuntarily) to serve in the uniformed services, including the U.S. Reserve forces and state, District of Columbia, and territory (e.g., Guam) National Guards.

Under USERRA, employers must make "reasonable efforts" to help a veteran who is returning to employment to become qualified to perform the duties of the position he or she would have held but for military service whether or not the veteran has a service-connected disability. If the veteran has a disability incurred in, or aggravated during, his or her service, the employer must make reasonable efforts to accommodate the disability and return the veteran to the position in which he or she would have been employed if the veteran had not performed military service. If the veteran is not qualified for that position due to the disability, USERRA requires the employer to make reasonable efforts to help qualify the veteran for a job of equivalent seniority, status, and pay, the duties of which the person is qualified to perform or could become qualified to perform. This could include providing training or retraining for the position at no cost to the veteran. See Title 38, United States Code, Chapter 43 - Employment and Reemployment Rights of Members of the Uniformed Services, 38 U.S.C. § 4313; 20 C.F.R. §§ 1002.198, 1002.225 -.226. USERRA applies to all veterans, not just those with service-connected disabilities, and to all employers regardless of size. For more information on the reemployment rights of uniformed service personnel, see DOL's website at www.dol.gov/vets.

3. What protections does the ADA provide?

Title I of the ADA prohibits an employer from treating an applicant or employee unfavorably in all aspects of employment -- including hiring, promotions, job assignments, training, termination, and any other terms, conditions, and privileges of employment -- because he has a disability, a history of having a disability, or because the employer regards him as having a disability. That means, for example, that it is illegal for an employer to refuse to hire a veteran because he has PTSD, because he was previously diagnosed with PTSD, or because the employer assumes he has PTSD. The ADA also limits the medical information employers may obtain and prohibits disability-based harass­ment and retaliation.

Finally, the ADA provides that, absent undue hardship (significant difficulty or expense to the employer), applicants and employees with disabilities are entitled to reasonable accommodation to apply for jobs, to perform their jobs, and to enjoy equal benefits and privileges of employment (e.g., access to the parts of an employer's facility available to all employees and access to employer-sponsored training and social events).

Section 501 of the Rehabilitation Act applies the same standards of non-discrimination and reasonable accommodation as the ADA to Federal Executive Branch agencies and the United States Postal Service. Documents explaining Title I of the ADA and the Rehabilitation Act can be found on EEOC's website at www.eeoc.gov.

4. I was injured during active duty but don't think of myself as "disabled." How do I know if I am protected by the ADA?

You are protected if you meet the ADA's definition of disability and are qualified for the job you want or hold. The ADA defines an "individual with a disability" as a person who (1) has a physical or mental impairment that substantially limits one or more major life activities; (2) has a record of such an impairment (i.e. was substantially limited in the past, such as prior to undergoing rehabilitation); or (3) is regarded, or treated by an employer, as having such an impairment, even if no substantial limitation exists. You are considered qualified if you are able to meet an employer's requirements for the job, such as education, training, employment experience, skills, or licenses, and are able to perform the job's essential or fundamental duties with or without reasonable accommodation.

As a result of changes to the ADA made by the ADA Amendments Act of 2008, it is now much easier for individuals with a wide range of impairments to establish that they are individuals with disabilities and entitled to the ADA's protections. For example, the term "major life activities" includes not only activities such as walking, seeing, hearing, and concentrating, but also the operation of major bodily functions, such as functions of the brain and the neurological system.[4]

Additionally, an impairment need not prevent or severely or significantly restrict your performance of a major life activity to be considered substantially limiting; the determination of whether an impairment substantially limits a major life activity must be made without regard to any mitigating measures (e.g., medications or assistive devices, such as prosthetic limbs) that you may use to lessen your impairment's effects; and impairments that are episodic or in remission (e.g., epilepsy or PTSD) are considered disabilities if they would be substantially limiting when active.[5] Some service-connected disabilities, such as deafness, blindness, partially or completely missing limbs, mobility impairments requiring the use of a wheelchair, major depressive disorder, and PTSD, will easily be concluded to be disabilities under the ADA.[6]

5. If I have a military disability rating or a disability rating from the VA, does that mean I am also covered by the ADA?

Yes, you are probably covered. Although the ADA uses different standards than the U.S. Department of Defense and the U.S. Department of Veterans Affairs (VA) in determining disability, many more service-connected disabilities will also be considered disabilities under the ADA than prior to the ADA Amendments Act. See Q&A 4.

6. Under the ADA, is a private employer required to hire me over other applicants because I have a disability?

Though it is not required to do so, a private employer may decide to give a veteran with a disability a preference in hiring. The ADA prohibits discrimination "on the basis of disability." This means that if you are qualified for a job, an employer cannot refuse to hire you because you have a disability or because you may need a reasonable accommodation to perform the job. Even if you are qualified for a job, an employer may choose another applicant without a disability because that individual is better qualified.

Some laws, however, require private employers to give a preference to veterans with disabilities. For example, the Vietnam Era Veteran's Readjustment Assistance Act (VEVRAA) requires that businesses with a federal contract or subcontract in the amount of $100,000 or more, entered into on or after December 1, 2003, take affirmative action to employ and advance qualified disabled veterans. VEVRAA also requires these businesses to list their employment openings with the appropriate employment service and to give covered veterans priority in referral to such openings.[7]

7. Are there any laws that will give me special consideration if I am looking for a job with the federal government?

Yes. Under the Veterans Preference Act, veterans with and without disabilities are entitled to preference over others in hiring from competitive lists of eligible applicants and may be considered for special noncompetitive appointments for which they are eligible.[8]

Federal agencies also may use specific rules and regulations, called "special hiring authorities," to hire individuals with disabilities outside the normal competitive hiring process, and sometimes may even be required to give preferential treatment to veterans, including disabled veterans, in making hiring decisions.

Here are some of the special hiring authorities that may apply to you if you are looking for a job with the federal government:

• The Veterans' Recruitment Appointment (VRA) program allows agencies to appoint eligible veterans without competition.
• The Veterans Employment Opportunity Act (VEOA) can be used when filling permanent, competitive service positions. It allows veterans to apply for jobs that are only open to "status" candidates, which means "current competitive service employees."
• The Schedule A Appointing Authority, though not specifically for veterans, allows agencies to appoint eligible applicants who have a severe physical, psychological, or intellectual disability.

For more information on veterans' preferences and special hiring authorities, see the "Vet Guide" on the U.S. Office of Personnel Management (OPM) website at www.opm.gov/staffingportal/vetguide.asp#intro, "Feds Hire Vets - Veterans' Preference" at www.fedshirevets.gov/job/vetpref/index.aspx, and Special Hiring Authorities for Veterans at www.fedshirevets.gov/job/shav/index; see also OPM's Disabled Veterans Affirmative Action Program at www.opm.gov/veterans/dvaap.asp.

8. During a job interview, may an employer ask about my amputation, why I am in a wheelchair, or how I sustained any other injury I may have?

No. Even if your disability is obvious, an employer cannot ask questions about when, where, or how you were injured. However, where it seems likely that you will need a reasonable accommodation to do the job, an employer may ask you if an accommodation is needed and, if so, what type. In addition, an employer may ask you to describe or demonstrate how you would perform the job with or without an accommodation. For example, if the job requires that you lift objects weighing up to 50 pounds, the employer can ask whether you will need assistance or ask you to demonstrate how you will perform this task. Similarly, if you voluntarily reveal that you have an injury or illness and an employer reasonably believes that you will need an accommodation, it may ask what accommodation you need to do the job.

9. Do I have to disclose an injury or illness that is not obvious during an interview or indicate on a job application that I have a disability?

No. The ADA does not require you to disclose that you have any medical condition on a job application or during an interview. However, if you will need a reasonable accommodation to participate in the application process, such as more time to take a test or permis­sion to provide oral instead of written responses, you must request it. Additionally, some veterans with service-connected disabilities may choose to disclose that they have medical conditions, such as PTSD or a traumatic brain injury, because of symptoms they experience or because they will need a reasonable accommodation at work. Once an employer makes a job offer, it may ask you questions about your medical conditions, and perhaps even require you to take a medical examination, as long as it requires everyone else in the same job to answer the same questions and/or take the same medical examination before starting work.

10. Some applications ask me to indicate whether I am a "disabled veteran." Is this legal?

Yes, if the information is being requested for affirmative action purposes. See EEOC Enforcement Guidance: Preemployment Disability-Related Questions and Medical Examinations Under the Americans with Disabilities Act of 1990 (1995) at www.eeoc.gov/policy/docs/preemp.html. An employer may ask applicants to voluntarily self-identify as individuals with disabilities or "disabled veterans" when the employer is: (1) undertaking affirmative action because of a federal, state, or local law (including a veterans' preference law) that requires affirmative action for individuals with disabilities; or (2) voluntarily using the information to benefit individuals with disabilities, including veterans with service-connected disabilities.

If an employer invites you to voluntarily self-identify as a disabled veteran, it must clearly inform you in writing (or orally, if no written questionnaire is used) that: (1) the information is being requested as part of the employer's affirmative action program; (2) providing the information is voluntary; (3) failure to provide it will not subject you to any adverse treatment; and (4) the information will be kept confidential and only used in a way that complies with the ADA.

11. What types of reasonable accommodations may I want to request for the application process or on the job?

The following are examples of types of accommodations that you may need for the application process or while on the job:

• written materials in accessible formats, such as large print, Braille, or on computer disk
• extra time to complete a test if you have difficulty concentrating or have a learning disability or traumatic brain injury (TBI)
• interviews, tests, and training held in accessible locations
• modified equipment or devices (e.g., assistive technology that would allow you to use a computer if you are blind or to use a telephone if you are deaf or hard of hearing; a glare guard for a computer monitor if you have a TBI; a one-handed keyboard if you are missing an arm or hand)
• physical modifications to the workplace (e.g., reconfiguring a workspace, including adjusting the height of a desk or shelves if you use a wheelchair)
• permission to work from home
• leave for treatment, recuperation, or training related to your disability
• a modified or part-time work schedule
• a job coach who could assist you if you initially have some difficulty learning or remembering job tasks
• modification of supervisory methods, such as having a supervisor break complex assignments into smaller, separate tasks, provide some additional feedback or guidance on a task, or adjust methods of communication (e.g., give written rather than oral instructions for completing certain tasks)
• reassignment to a vacant position if your disability prevents you from performing the duties of your current position or where any reasonable accommodation in your current position would result in undue hardship (i.e., significant difficulty or expense)

12. How do I ask for a reasonable accommodation?

You simply have to indicate -- orally or in writing -- that you need an adjustment or change in the application process or at work for a reason related to a medical condition. For example, if you have a vision loss and cannot read standard print, you would need to inform the employer that you need the application materials in some other format (e.g., large print or on computer disk) or read to you. You do not have to mention the ADA or use the term "reasonable accommodation." Someone acting on your behalf, such as a family member, rehabilitation counselor, health professional, or other representative, also can make the request.

13. What happens after I request a reasonable accommodation?

A request for reasonable accommodation is the first step in an informal interactive process between you and the employer.

The process will involve determining whether you have a disability as defined by the ADA (where this is not obvious or already known) and identifying accommodation solutions. An employer also may ask if you know what accommodation you need that will help you apply for or do the job. There are extensive public and private resources to help identify reasonable accommodations for applicants and employees with particular disabilities. For example, the website for the Job Accommodation Network (JAN) provides a practical guide for individuals with disabilities on requesting and discussing reasonable accommodations and on finding the right job. See JAN's website at www.askjan.org.

14. I am not sure whether I will need a reasonable accommodation. If I don't ask for one before I start working, can I still ask for one later?

Yes. You can request an accommodation at any time during the application process or when you start working even if you did not ask for one when applying for a job or after receiving a job offer. If you are already receiving a reasonable accommodation, you may also request a different or additional accommodation later if your disability and/or the job changes, or if another accommodation becomes available that will help you.

Generally, you should request an accommodation when you know that there is a workplace barrier that is preventing you from competing for or performing a job or having equal access to the benefits of employment. As a practical matter, it is better to request a reasonable accommodation before your job performance suffers.

15. What can I do if I feel that an employer has violated the ADA by not hiring me or providing a reasonable accommodation?

If you believe that your employment rights have been violated on the basis of disability (or for some other discriminatory reason), there are actions you can take:

• Claims against a private or a state or local government employer:To take formal action, you must file a charge of discrimination with the EEOC. The charge must be filed by mail or in person with the local EEOC office within 180 days from the date of the alleged violation. The 180-day filing deadline is extended to 300 days if a state or local anti-discrimination law also covers the charge.
  The EEOC will send you and the employer a copy of the charge and may ask for responses and supporting information. Before a formal investigation, the EEOC may select the charge for EEOC's mediation program. Mediation is free, confidential, and voluntary for both parties. A charge will only be mediated if both parties agree to participate in the process. Mediation may prevent a time-consuming investigation of the charge.
  If a charge goes to mediation but is unsuccessful or is not selected for mediation, the EEOC investigates the charge to determine if there is "reasonable cause" to believe discrimination has occurred. If reasonable cause is found, the EEOC will then try to resolve the charge with the employer. In some cases, where the charge cannot be resolved, the EEOC will file a court action. If the EEOC finds no discrimination, or if an attempt to resolve the charge fails and the EEOC decides not to file suit, it will issue you a notice of a "right to sue," which will give you 90 days to file a court action. You also can request a notice of a "right to sue" from the EEOC 180 days after the charge first was filed with the EEOC and may then bring suit within 90 days after receiving the notice.

For a detailed description of the process, visit our website at www.eeoc.gov/charge/overview_charge_filing.html.

• Claims against a federal government agency: If you are a federal employee or applicant and you believe that a federal agency has discriminated against you, you have a right to file a complaint. Each agency is required to post information about how to contact the agency's EEO Office. You can contact an EEO Counselor by calling the office responsible for the agency's EEO complaints program.
  The first step is to contact an EEO Counselor at the agency where you work or where you applied for a job. Generally, you must contact the EEO Counselor within 45 days from the day the discrimination occurred. In most cases the EEO Counselor will give you the choice of participating either in EEO counseling or in an alternative dispute resolution (ADR) program, such as a mediation program.
  If you do not settle the dispute during counseling or through ADR, you can file a formal discrimination complaint against the agency with the agency's EEO Office. You must file within 15 days from the day you receive notice from your EEO Counselor about how to file. Once you have filed a formal complaint, the agency will review the complaint and, if the complaint is not dismissed for procedural reasons (e.g., because it was filed too late), the agency will conduct an investigation. The agency has 180 days from the day you filed your complaint to finish the investigation. When the investigation is finished, the agency will issue a notice giving you two choices: either request a hearing before an EEOC Administrative Judge or ask the agency to issue a decision as to whether the discrimination occurred.

For a detailed description of the federal complaint process, visit our website at www.eeoc.gov/federal/fed_employees/complaint_overview.cfm

Resources

Laws Protecting Veterans with Service-Connected Disabilities

ADA
U.S. Equal Employment Opportunity Commission (EEOC)
www.eeoc.gov
1-800-669-4000
1-800-669-6820 (TTY)

U.S. Department of Justice (DOJ)
www.ada.gov
1-800-514-0301
1-800-514-0383 (TTY)

USERRA
U.S. Department of Labor (DOL)
www.dol.gov/vets
1-866-4-USA-DOL
1-877-889-5627 (TTY)

VEVRAA
DOL, Office of Federal Contract Compliance Programs (OFCCP)
http://www.dol.gov/ofccp/regs/statutes/4212.htm
1-800-397-6251
1-877-889-5627 (TTY)

Recruiting and Hiring

National Resource Directory (NRD)
A partnership among the Department of Defense (DoD), Department of Veterans Affairs (VA), and DOL
www.nationalresourcedirectory.gov
1-800-342-9647

DOL One Stop Career Centers
www.careeronestop.org
1-877-348-0502
1-877-348-0501 (TTY)

Employer Assistance and Recruiting Network (EARN)
www.AskEARN.org
1-855-Ask-EARN (1-855-275-3276)

Occupational Information Network (O*NET) Online
Provides comprehensive occupational descriptions and data for use by job seekers, employers, and others
www.onetcenter.org/

U.S. Department of Veterans Affairs
www.va.gov
1-800-827-1000

U.S. Office of Personnel Management
www.fedshirevets.gov/
1-202-606-5090

Reasonable Accommodation

EEOC Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the ADA
www.eeoc.gov/policy/docs/accommodation.html

Job Accommodation Network (JAN)
www.askjan.org
1-800-526-7234
1-877-781-9403 (TTY)

DoD Computer/Electronic Accommodations Program (CAP)
www.tricare.mil/cap
1-703-681-8813
1-703-681-3978 (TTY)

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[1] See Title 38, United States Code § 101 (defining "service-connected" disabilities of military veterans).

[2] See Bureau of Labor Statistics, Employment of Veterans Summary (August 2015) available at http://www.bls.gov/news.release/vet.t08.htm.

[3] The EEOC also is responsible for enforcing federal laws that it make it illegal to discriminate against a job applicant or an employee (including a veteran) because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or older), or genetic information.

[4] 29 C.F.R. § 1630.2(j)(i)(1)(i)-(ii).

[5] 29 C.F.R. § 1630.2(j)(1)(ii)-(vii).

[6] 29 C.F.R. § 1630.2(j)(3)(iii).

[7] These provisions of VEVRAA are enforced by the Office of Federal Contract Compliance Programs (OFCCP) within the U.S. Department of Labor (DOL). See www.dol.gov/compliance/laws/comp-vevraa.htm

[8] Some states also grant veterans' preference for state government jobs. To find out if your state has a veterans' preference program, contact your state's labor office.

SOURCE: EEOC publication

U.S. Congress Wants To Make Americans with Disabilities Second-Class Citizens Again - U.S. Sen. Tammy Duckworth

President George H.W. Bush signs the Americans with Disabilities Act during a ceremony at the White House on July 26, 1990. Joining Bush are Rev. Harold Wilke, rear left; Evan Kemp, chairman of the Equal Opportunity Employment Commission, left; Sandra Parrino, chairman of the National Council on Disability; and Justin Dart, chairman of the President's Council on Disabilities. (Barry Thumma/Associated Press)

Opinion By Senator Tammy Duckworth as published in The Washington Post | October 17, 2017
On May 28, 1988, Lisa Carl went to her local movie theater, something millions of Americans can do with ease and comfort. Yet when Lisa tried to go into the theater, the manager refused her ticket, denying her entry because Lisa had cerebral palsy and used a wheelchair. When an advocate called the theater owner about the incident, the manager coldly stated, "I don't want her in here, and I don't have to let her in."

Lisa later testified before Congress, "I was not crying on the outside, but I was crying on the inside. I just wanted to watch the movie like everyone else." While the cruelty is heartbreaking, the true outrage was that in 1988, the law actually sided with the theater owner, who was free to legally discriminate against Lisa and deny her access to a public theater because she was born with a disability.

Fortunately, millions of Americans with disabilities and their families refused to accept this discrimination. They shared their stories and pushed and prodded a bipartisan coalition of legislators to end decades of legally sanctioned discrimination through passage of the landmark Americans with Disabilities Act of 1990.

At the signing ceremony, President George H.W. Bush noted that before the ADA, "tragically, for too many Americans, the blessings of liberty have been limited or even denied. The Civil Rights Act of '64 took a bold step toward righting that wrong. But the stark fact remained that people with disabilities were still victims of segregation and discrimination, and this was intolerable." Bush declared, "Let the shameful wall of exclusion finally come tumbling down."

Decades later, the forces of discrimination are working hard to rebuild that wall. Led by the hospitality and retail industries, special interests want to shift the burden of ADA compliance away from business owners and onto individuals with disabilities.

They're backing a bill that has already passed the House Judiciary Committee, the so-called ADA Education and Reform Act, which would reward businesses that fail to comply with the law. The bill would allow businesses to wait until they are notified of their failure to meet legal obligations before they even have to start removing barriers that prevent Americans with disabilities from leading independent lives.

This offensive legislation would segregate the disability community, making it the only protected class under civil rights law that must rely on "education" — rather than strong enforcement — to guarantee access to public spaces. As the Consortium for Citizens with Disabilities Rights Task Force and other civil rights organizations wrote in opposing this bill, "We know of no other law that outlaws discrimination but permits entities to discriminate with impunity until victims experience that discrimination and educate the entities perpetrating it about their obligations not to discriminate."

For decades, from enactment of the Civil Rights Act of 1964 through passage of the ADA, Congress has worked to enshrine the principle in law that no American should be denied access to a public space because of who they are, be it their race, nationality, religion, gender or disability. The ADA Education and Reform Act betrays this bipartisan legacy.

Businesses have had 27 years to comply with the ADA public-access protections. Yet rather than investing time and energy to achieve this goal, they are waging a propaganda campaign to convince Congress that their own lack of accessibility isn't the problem — so-called drive-by lawsuits are. Notably, supporters of the ADA Education and Reform Act often do not dispute that they are violating the law. Rather, they simply resent being sued for what they believe are "minor" ADA infractions.

Ever since I lost my legs when an RPG tore through the cockpit of the Black Hawk helicopter I was flying over Iraq, getting around has been difficult. I can't always enter restaurants or other public spaces. I have to spend a lot of time planning how to get from one place to the next.

An incline that is a few degrees too steep or an entrance that is a few inches off the ground can determine whether I am able to access an area without assistance. Being unable to independently enter a movie theater, store, hotel or restaurant is not only humiliating, it also limits the freedom to pursue certain jobs, to access necessary services and to enjoy basic conveniences that most Americans don't think twice about.

I understand that not everyone thinks about these things because, for most of my adult life, I didn't either. But the truth is that everyone, whether they realize it or not, is just one bad day away from needing accessible options to help them get around their community.

While I understand people might not think of some ADA violations as significant at first glance, I can assure you they are more significant for those of us with disabilities than you know.

If Congress passed this misguided legislation, it would send a disgraceful message to Americans with disabilities that their civil rights are not worthy of strong enforcement. It is not too late to defeat this dangerous legislation and keep every American living with a disability from becoming a second-class citizen.

source: This commentary was distributed by Washington Post News Service with Bloomberg News

Tammy Duckworth, a Democrat, represents Illinois in the U.S. Senate. 

Judge Finds Universal Studios Theme Park Discriminated Against Man in Motorized Wheelchair

An administrative judge says an Orlando man was discriminated against after he could not use his motorized wheelchair to wait in line for rides at Universal Studios last year, court documents show.

article by Gabrielle Russon for the Orlando Sentinel | Oct. 9, 2017                                       
 
When reached for comment Monday, Javier Muniz, 33, said he was pleased with the judge’s recommendation, which is not final. Muniz filed a complaint with the Florida Commission on Human Relations, which will consider the ruling by Judge Linzie Bogan.

“I still can’t believe no one in my position would not go forward [with a complaint] when that happens,” said Muniz, who started using a wheelchair three years ago because a condition took away his feeling from the waist down on his left side. “I know I’m not the only one.”

A Universal Studios spokesman did not return a message for comment Monday. But in court documents, Marian Adams, a senior manager at the theme park, said the theme park bans motorized wheelchairs in lines for safety concerns because of the large number of people in close proximity to each other, she said, according to court documents.

Only Hogwarts Express, the train that connects the two Universal theme parks, allows motorized wheelchairs, court documents said.

Judge Linzie Bogan said Friday that Universal violated the Florida Civil Rights Act of 1992 and recommends the state commission issue a final order on the complaint.

According to the complaint, Muniz visited the park in July 2016 and refused to transfer from his motorized wheelchair, which has a custom seat and cushion, into one of Universal’s manual wheelchairs. He was not allowed to ride several attractions, including Skull Island: Reign of Kong, court documents show.

“It made me feel … like I was nothing,” Muniz said Monday.

In court documents, he testified, “Every single ride that I tried to enter, I was told power wheelchairs cannot be accommodated on the line because if they lose power, it could be a safety hazard.”

Universal gives patrons in manual wheelchairs unrestricted access to the rides, allowing them to use an alternative ramp, according to the park’s policies that were part of the court documents. Muniz said he was not given that option.

However, Bogan wrote that “[Universal’s] practice of directing such patrons to the exit ramp seems to be the practical equivalent of telling these patrons ‘to go around to the back.’ ”

The ruling could potentially open the door for a civil lawsuit. Muniz said he filed the complaint without using an attorney and has not made a decision about his next steps.

“I’m not asking asking Universal Studios to skip the lines,” Muniz said. “I’m asking them to treat me like any other person.”

http://www.orlandosentinel.com/business/tourism/os-bz-universal-judge-order-20171009-story.html

Justice Dept Settles with Montgomery County, MD, After School Programs to Ensure Compliance with the ADA

Oct. 10, 2017 - The Justice Department announced today that it reached an agreement with Bar-T Year Round Programs for Kids (Bar-T), located in Montgomery County, Maryland, to remedy alleged violations of the Americans with Disabilities Act (ADA).  Title III of the ADA prohibits public accommodations, including child care centers, from discriminating against individuals with disabilities and those associated with them.  Bar-T is the largest provider of before and after school programs in Montgomery County, operating at approximately 30 Montgomery County public school locations.    

The department investigated whether Bar-T discriminated against a student with a disability, specifically Autism Spectrum Disorder (ASD), and her parents when it expelled the student on the basis of behaviors associated with ASD, without properly considering whether Bar-T staff could implement reasonable modifications to permit the student to remain enrolled.  The settlement agreement requires Bar-T to adopt a nondiscrimination policy; designate staff at each operating location to address ADA issues; implement a process for parents or guardians of children with disabilities to request reasonable modifications and for Bar-T to conduct an individualized assessment of each request; provide ADA training to staff; and report on compliance with the agreement.  Bar-T will also pay $13,500 in compensatory damages to the student and her parents.

 “Through this agreement, Bar-T is taking important steps to make sure that all children in its programs, including children with disabilities, will be given the opportunity to have a positive and successful experience in a supportive after school environment,” said Acting Assistant Attorney General John Gore of the Civil Rights Division. 

 “Children with disabilities deserve equal opportunities to attend after school programs.  The policies Bar-T has agreed to implement will ensure that its programs provide an inclusive environment for all students,” said Acting United States Attorney for the District of Maryland Stephen M. Schenning.

To read the settlement agreement or for more information on the ADA, visit www.ada.gov.  For more information about the ADA, including how to file a complaint, call the Department’s toll-free ADA Information Line at 800-514-0301 (TDD 800-514-0383) or access the ADA website at www.ada.gov.

Attachment(s): 

Download Bar-T Settlement Agreement

Source: press release

U.S. Republican Congressman Cites Lawsuit Abuse in Attempt To Destroy The Americans with Disabilities Act

The Americans with Disabilities Act has been in effect for 27 years, and is responsible for familiar accessibility features like handicapped-designated parking spots and ramps in public spaces and large businesses.

09/21/2017 | ConsumerAffairs.com | article By Amy Martyn                                                                                                                                                                      
Like other civil rights legislation, the ADA is enforced by either filing a complaint with the federal government or by filing suit. However, a few unscrupulous attorneys and plaintiffs have abused this to such an extent that the ADA may soon face legislation to weaken it.

In Los Angeles, a wheelchair-bound convicted pedophile sued more than 1,000 businesses over ADA violations before his legal scheme was exposed by a newspaper report. He committed suicide four months later.

In Phoenix, a group billing itself as advocates for the disabled sued a reported 2,120 businesses over the size of their handicapped parking spots. In Austin, an attorney targeted nearly 400 small businesses with either lawsuits or demand letters asking for money to settle supposed ADA violations.

A bill that could kill the ADA completely
Congressman Ted Poe, a Texas Republican in the House of Representatives, has introduced a bill that he claims “will curb frivolous lawsuits filed by cash-hungry attorneys and plaintiffs that abuse the ADA.”

His legislation, HR 620, recently cleared the House Judiciary Committee with support from Democratic lawmakers in California.

"The ADA is being abused by lawyers who've often never seen these properties,” says Representative Scott Peters, a California Democrat who is co-sponsoring HR 620.

But over 200 civil rights organizations warn that HR 620 will severely weaken a landmark piece of legislation for the disabled and do little to deter the problem of ADA lawsuit “trolls," as they are sometimes called.

Texas civil rights attorney Jim Harrington counts the ADA as one of the best civil rights laws ever enacted. But last year, Harrington took an unexpected turn defending small businesses in Austin targeted by frivolous ADA lawsuits.

Austin attorney Omar W. Rosales sued so many local businesses over technical ADA violations that local disabled persons advocacy groups publicly denounced him. Among Rosales’ targets were small pediatric clinics, which his adult client would be unlikely to ever visit.

The “offenders” often agreed to pay Rosales settlements “because it was less expensive for them to settle than fight him, even though they would win [a court battle]," Harrington says. 

Individual attorney problem
Rosales has since been sanctioned, sued by the State Bar, and suspended from practicing law in the Federal Western District Court for the next three years. He still advertises his “commitment" to the disabled on his website, but refused attempts to be interviewed by a ConsumerAffairs reporter.

“Are you hiding from debt collectors? IRS problems?” he responded in one hostile email to a reporter.

Critics note that HR 620 doesn’t specifically target people like Rosales. Under HR 620, if any prospective customer finds they cannot access a building because of their disability, they would be required to first send a written notice to the business owner, wait 60 days for a response, then, assuming the business owner responds, wait an additional 120 days for the business to correct the problem. Only after this waiting period would they be able to sue or lodge a complaint.

Human Rights Watch says this bill would “act as a profound deterrent to people looking to enforce their rights under the ADA.”

Though the measure has attracted sponsorship from a slew of Democratic California lawmakers like Representative Peters, he sounds less enthusiastic when discussing the details of the bill, particularly the 180-day waiting period. "Would the ACLU agree this is a good bill if there was 60 days?" he asks.

Harrington points out that no other civil rights law requires a person to send in a written notice before they can sue. "We don't do that with civil rights law,” he argues.

Harrington and disability groups say that the frivolous lawsuit problem isn’t really a problem with the ADA itself, but an individual attorney problem, and should be dealt with as such.

"These clowns around the country have given [Congressman Poe] and other folks the opportunity to come in and essentially gut the ADA,” he says. “The courts are really basically taking care of this. They really clamped down on these jerks."

Many large business associations, representing apartments, retailers and shopping centers, have thrown their support behind HR 620. But those associations don’t fit the profile of the type of businesses that Harrington and Peters say are typically victimized by frivolous ADA litigation.

“Who I hear from mostly,” Peters says, “are these small restaurants who rent space from a land owner."

Reporter Amy Martyn is a writer and investigative reporter now based in San Diego by way of Tijuana, BC, Dallas, TX and Los Angeles, CA. She primarily writes about how consumers, taxpayers and businesses are affected by corporate and government policies.
https://www.consumeraffairs.com/news/texas-representative-cites-lawsuit-abuse-in-attempt-to-gut-the-americans-with-disabilities-act-092117.html

President.Trump Proclaims July 26, 2017, a Day in Celebration of the 27th Anniversary of the Americans with Disabilities Act

The White House
July 25, 2017

ANNIVERSARY OF THE AMERICANS WITH DISABILITIES ACT, 2017 
- - - - - - - 
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION

On the anniversary of the Americans with Disabilities Act (ADA), we celebrate the landmark legislation that marks our Nation's commitment to ending discrimination against people with disabilities. The ADA's recognition of the inherent dignity of disabled persons solidified America's status as the world leader in protecting fundamental rights.  Today, we pay special respect to the contributions of the more than 56 million Americans living with disabilities, and we look forward to further advancing accessibility for all those who need it.
 
President George H.W. Bush signed the ADA on July 26, 1990, and for 27 years it has been instrumental in protecting the rights and liberties of people with disabilities and strengthening their access to everyday American life. Disabilities are an unavoidable part of the human experience veterans injured in service to their Nation, survivors of accidents and illnesses, children born with disabilities, and our elderly.  Since its inception, the ADA has helped empower people living with disabilities by ensuring they have fair and just access to employment, government services, public accommodations, commercial facilities, and public transportation.
 
Americans are justifiably proud of the ADA and its accomplishments, but more can be done to protect the rights and dignity of Americans living with disabilities.  Disabled Americans in the workforce already contribute substantially to our Nation's productivity and prosperity.  We must continue to empower them by breaking down obstacles that prevent their full participation in the public and economic affairs of our Nation.  In addition, my Administration will encourage American ingenuity and technological advancements in medicine and science, which will give millions of Americans with disabilities opportunities to work, engage in commerce, and connect with others in ways we could not have imagined 27 years ago.
 
On the anniversary of the ADA, we reaffirm our commitment to fostering an environment that provides all Americans with the opportunity to pursue their American dream.  Let us all take this time to refocus our efforts to support our fellow Americans and help them succeed, no matter the obstacles they may face.
 
NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim July 26, 2017, as a day in celebration of the 27th Anniversary of the Americans with Disabilities Act.  I call upon all Americans to observe this day with appropriate ceremonies and activities that celebrate the contributions of Americans with disabilities and to renew our commitment to achieving the promise of our freedom for all Americans.
 
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fifth day of July, in the year of our Lord two thousand seventeen, and of the Independence of the United States of America the two hundred and forty-second.

DONALD J. TRUMP

Source: press release

# # #

OK NOW BACK TO REALITY; PREVIOUS RELATED POSTS:

• White House Under President Trump Removes Website Pages About Disabilities
• Some Trump Supporters Are Realizing That Now He Wants To Cut The Aid They Need To Live
• President Trump's Budget Continues His Deceitful Attack On Americans with Disabilities
• Social Security Disability Insurance Really Is Part of Social Security, Trump Administration Fact Check
• Twitter Storm on June 7th - Tell Secretary Ben Carson and Congress that Pres. Trump’s Budget is UNACCEPTABLE

And unfortunately more to come...

10 Things to Know about the ADA (part 2)

In the Spirit of the Anniversary of the ADA - July 26th, 1990, we are reposting information of history, informative of the Americans with Disabilities Act. (within the post there are many links, if any are no longer working, or outdated info, please let us know so we can update TY.)

as shared and originally published by Disability.gov ...

10 Things to Know about the ADA and Beyond

July 26, 2016 was the 26th anniversary of the Americans with Disabilities Act (ADA). For more information on how this groundbreaking law changed the lives of Americans with disabilities, and how Disability.gov is celebrating ADA26,. And be sure to check out Disability.gov’s “26 Days of the ADA: A to Z” on Twitter.

1. Talkin’ ‘bout the ADA Generation. Young people with disabilities are often called the “ADA Generation” because they were born or grew up after the ADA became a law. Laws such as the ADA exist thanks to the leadership of dedicated disability rights advocates, including Justin Dart, Jr., Ed Roberts and Judith Heumann. These individuals are positive role models that youth with disabilities should know about as they become the next generation of disability leaders. Justin Dart, Jr., called the “father of the ADA,” traveled around the U.S. gathering stories from people with disabilities about the discrimination they faced. These accounts directly impacted the creation of the ADA. Ed Roberts helped create the Independent Living Movement, formed the first Center for Independent Living and co-founded the World Institute on Disability with Judith Heumann. Heumann assisted with the passing of the ADA, served as the Assistant Secretary for Special Education and Rehabilitative Services and is now the State Department’s Special Advisor for International Disability Rights. Young people with disabilities who wish to follow in the footsteps of these leaders can start by reading these self-advocacy guides.

2. The ADA & Service Animals. Many people with disabilities use service animals to help them with daily activities so they can live as independently as possible. The definition of a service animal is a dog that has been trained to assist a person with a disability in completing tasks that are directly related to their disability. This ADA National Network guide explains that emotional support, therapy, comfort or companion animals aren’t considered service animals and aren’t protected under the ADA. Service animals can be used in the workplace as a reasonable accommodation under the ADA. Businesses and organizations that serve the public, such as restaurants, hotels and retail stores, can’t refuse to serve a customer with a service animal, and neither can taxi drivers. Under the Air Carrier Access Act, people with disabilities are legally permitted to travel with service animals. The Transportation Security Administration has information about security screenings procedures for people with disabilities, including those using a service dog. It’s important that both travelers and transportation operators understand the rights of people traveling with a service animal.

3. Getting from Point A to Point D (& Back to Point A). Title II of the ADA protects people with disabilities against discrimination on all modes of public transportation services operated by state and local governments. In addition, the ADA applies to rail transit systems. The ADA doesn’t apply to air travel, which is instead covered under the Air Carrier Access Act. Under the ADA, the U.S. Department of Transportation provides paratransit services, which are door-to-door transportation services that eligible customers can use to travel within a specific area if they’re unable to use traditional “fixed-route” public transportation. The Amputee Coalition has afact sheet about paratransit that includes information on eligibility requirements. Read the National Aging and Disability Transportation Center’s tips for using ADA paratransit services or the Disability Rights Education and Defense Fund’s guide, “ADA Paratransit Eligibility: How to Make Your Case” to learn more. If you believe you’ve been discriminated against because of your disability while using public transportation services, you can file a complaint with the Federal Transit Administration.

4. What the ADA Means for Small Businesses. Small business owners may need help understanding how the ADA applies to them. The two areas of the law that primary affect small businesses are Title I, which includes protections for employees and jobseekers with disabilities, and Title III, which prohibits discrimination against customers with disabilities by private businesses of any size, commercial facilities and other “public accommodations.” This can include movie theaters, hotels, grocery stores and sports arenas. The ADA requires employers with 15 or more employees to provide “reasonable accommodations” for employees with disabilities, unless doing so would cause undue hardship. The Job Accommodation Network has more information on reasonable accommodations, including average costs. Business owners can take an online course about how to be welcoming to customers with disabilities. Learn about ADA regulations related to service animals in places of business. The U.S. Equal Employment Opportunity Commission and the U.S. Department of Justice (DOJ) offer detailed information about how the ADA applies to small businesses. For more information, read “Small Business and the ADA: Getting it Right.”

5. Protecting Your Right to Vote. All Americans with disabilities should be able to vote independently and accessibly. The ADA is one of several laws protecting those rights. These laws help ensure polling place accessibility and the availability of alternative voting methods and voting aids for voters with disabilities. The recently updated “ADA Checklist for Polling Places” has information about making polling places accessible. The U.S. Election Assistance Commission offers resources for voters with disabilities, including helpful tips and a video about polling place accessibility. Learn about the American Association of People with Disabilities’ REV UP voting initiative. The Arc’s voting toolkit includes voting resources and a blog post about how guardianship impacts voting rights. For more information, visit DOJ’s voting section or contact your state’s voting commission or board of elections. Learn how to file a complaint if you feel your voting rights have been violated. Call 1-866-OUR-VOTE (687-8683) to report voting issues or concerns.

6. How Do I Work & Care for a Family Member? The Family and Medical Leave Act (FMLA) requires applicable employers to allow their employees to take unpaid leave for family and medical reasons, while still keeping their job. Under FMLA, an employee can take leave for up to 12 weeks within a 12-month period for the following reasons: a serious health condition; to care for a family member with a serious health condition; the birth and care of a newborn; or the adoption of a child or placement of a child from foster care with the employee. “Family” under FMLA includes your spouse, parents and children. Children older than 18 are also included under FMLA if they’re unable to take care of themselves and require assistance because of a disability. Qualification for leave also extends to military families when Service Members are on active duty. The National Partnership for Women and Families compiled this guide to help people understand their rights and responsibilities under the FMLA. Visit the U.S. Department of Labor’s (DOL) website to learn more about how FMLA works, how to determine if you’re eligible and the process for taking leave.

7. A Bright IDEA for Education. The Individuals with Disabilities Education Act (IDEA) was enacted in 1975 to ensure that all children with disabilities receive a free and appropriate public education. The IDEA provides services for infants and toddlers from birth to age 2 (part C) and children and youth ages 3 – 21 (part B). The act includes provisions for early intervention services, which help babies with disabilities or developmental delays get the supports they need to meet developmental milestones. If you’re concerned about your child’s development, contact your pediatrician for a developmental evaluation. Find early intervention services in your state. For school-age children, IDEA covers special education services, classroom accommodations and supports and school-to-work transition. Every student who receives special education services must have an individualized education program, which contains goals for the student and spells out the services that will be provided. These goals and services are decided by a team of educators, the parents and the child. Contact your local Parent Center for more information on the IDEA, special education services and the rights of parents of children with disabilities.

8. Strengthening America’s Workforce through the Workforce Innovation & Opportunity Act. Two years ago this month, President Obama signed the Workforce Innovation and Opportunity Act (WIOA) into law. WIOA helps modernize and streamline America’s public workforce system, and ensure that jobseekers, including people with disabilities, have access to employment, education and job training services. In June, DOL and the U.S. Department of Education released final rules for implementing WIOA. DOL’s Employment and Training Administration offers guidance to help workforce development agencies, American Job Centers and youth programs implement the law. Read this fact sheet or watch a video to learn more. WIOA also makes changes to Section 503 of the Rehabilitation Act of 1973. These changes ensure that federal contractors and subcontractors don’t discriminate against job applicants or employees with disabilities. DOL’s Office of Federal Contract Compliance Programs has resources, including a checklist and answers to frequently asked questions, to help federal contractors make sure their recruiting, hiring and employment practices comply with Section 503. Find a list of organizations and programs that can help federal contractors recruit and hire qualified workers with disabilities.

9. GINA Prevents Discrimination. Some people have genetic differences that affect their chances of developing certain diseases or disorders. As scientists learn more about the profound impact these differences have on health, more and more tests are being developed to help prevent disease and treat patients. But what if your DNA was used to discriminate against you? The Genetic Information Nondiscrimination Act of 2008 (GINA), is a federal law put into place to prevent people from being treated unfairly because of their genetics. The law makes it illegal for health insurers and employers to refuse service or otherwise discriminate against a person because of their genetic makeup. It’s important to note that GINA doesn’t cover life insurance, disability insurance and long-term care insurance. Before GINA came into effect, several states had passed laws against genetic discrimination, but those laws varied widely. Since GINA is a federal law, it sets a minimum standard of protection that must be met in all 50 states, but doesn’t weaken the protections provided by state laws.

10. Olmstead for Community Living. Since the ADA was signed into law, there have been several legal cases regarding certain aspects of the law that have greatly impacted the lives of people with disabilities. One such case was Olmstead v. L.C., known as “Olmstead.” In that case, the Supreme Court of the United States found that the ADA prohibits the unnecessary segregation or institutionalization of people with disabilities. Olmstead requires states to ensure that people with disabilities receive services in the most integrated setting possible, including home and community-based settings. The case was brought by two women from Georgia who were receiving services at state-run institutions, even though it had been determined that they could have just as easily gotten treatment in home or community-based settings. After a series of appeals, the Supreme Court issued their groundbreaking ruling in July 1999. Olmstead has moved federal, state and local authorities to expand community-based services for people with disabilities. If you or a loved one needs help moving from a nursing home into the community, contact your local Center for Independent Living. Learn how to file a complainabout violations of the ADA’s “integration mandate.”

For more information on the ADA and other disability rights laws, visit Disability.gov’s Guide to Disability Rights Laws or Disability.gov’s Civil Rights section. Don’t forget to like Disability.gov on Facebook, follow us on Twitter  and use #DisabilityConnection to talk to us about this newsletter. You can also read Disability.Blog for insightful tips and information from experts in the community.

https://www.disability.gov/disability-connection-newsletter-july-2016/

For more on disability resources from  Disability.gov.

# related post:

10 Things You May Not Know about the Americans with Disabilities Act (ADA) Part 1