For The Disability Community Voting Can Still Have Barriers, Understanding Your Rights

The Americans with Disabilities Act ensures that people with disabilities have a full and equal opportunity to vote.

The U.S. Department of Justice website helps to define, and understand the rights of people with disabilities, as the website states:

Voting is one of our nation’s most fundamental rights and a hallmark of our democracy. Yet for too long, many people with disabilities have been excluded from this core aspect of citizenship. People with intellectual or mental health disabilities have been prevented from voting because of prejudicial assumptions about their capabilities. People who use wheelchairs or other mobility aids, such as walkers, have been unable to enter the polling place to cast their ballot because there was no ramp. People who are blind or have low vision could not cast their vote because the ballot was completely inaccessible to them.

Important federal civil rights laws were enacted to combat such forms of discrimination and protect the fundamental right to vote for all Americans. This document provides guidance to states, local jurisdictions, election officials, poll workers, and voters on how the Americans with Disabilities Act and other federal laws help ensure fairness in the voting process for people with disabilities.

The U.S. Department of Justice - Americans with Disabilities website (https://www.ada.gov/ada_voting/ada_voting_ta.htm) is a wonderful resource for people with disabilities, family members, caregivers and advocates, as a resource for the rights of the disability community. Throughout the country their are advocates, and organizations to reach out to also.

If anyone needs help in locating  resources that are available in your part of the country, feel free to send a email here at Ability Chicago Info, we will be honored to assist. 

Email inquires to Jim at jimwatkins@abilitychicago.info - in 'subject' header post 'request for voting resources'. TY

Webinar Nov. 3rd: Accessible Residential Facilities - Advanced Session

The next webinar in the U.S. Access Board's free monthly series will take place November 3 from 2:30 – 4:00 (ET) and provide an advanced session on accessible residential facilities. Presenters will focus on untangling the various federal laws that address access to housing, including the Architectural Barriers Act, the Americans with Disabilities Act, the Fair Housing Act, and Section 504 of the Rehabilitation Act. They will discuss how the design requirements of these laws apply and review requirements for residential dwelling units in the ADA and ABA Standards.

For more information or to register, visit www.accessibilityonline.org. 

Questions can be submitted in advance of the session (total limited to 25) or can be posed during the webinar. Participants are encouraged to view a previous webinar on this topic in advance of the upcoming session. Webinar attendees can earn continuing education credits. The webinar series is hosted by the ADA National Network in cooperation with the Board. Archived copies of previous Board webinars are available on the site.

SOURCE: United States Access Board

Minneapolis Star Tribune Wins 2016 Disability Reporting ASU Award

A Minneapolis Star Tribune investigation into state-subsidized sheltered workshops in Minnesota has won the top honor in the 2016 Katherine Schneider Journalism Award for Excellence in Reporting on Disability.

In “A Matter of Dignity,” Star Tribune reporter Chris Serres, along with reporter Glenn Howatt and photographer David Joles, reveals how hundreds of Minnesotans with developmental disabilities are segregated and neglected in a state system of sheltered workshops.

The investigation found that hundreds of adults with disabilities have been sent against their will to live in remote and dangerous group homes. The five-part series tells the stories of adults with Down syndrome who spend their days collecting trash for $2 an hour and workers with brain injuries who scrub toilets for half the minimum wage and relates how one young woman with bipolar disorder escaped from her group home and threw herself in front of a speeding car.

The Schneider Award is the only journalism awards competition devoted exclusively to disability reporting. It was established in 2013 with the support of Schneider, a retired clinical psychologist who has been blind since birth and who also supports the national Schneider Family Book Awards. The reporting contest is administered by the National Center on Disability and Journalism at Arizona State University’s Walter Cronkite School of Journalism and Mass Communication.

Second place went to WAMU 88.5, the NPR station in Washington, D.C., and third place was awarded to ProPublica. Judges also gave an honorable mention to Business World in New Delhi, the first international news outlet to be honored in the contest.

Schneider Award judge Jennifer Longdon, a writer, speaker, advocate and policy adviser on disability issues, said the Minneapolis Star Tribune series was impressive for “its exhaustive chronicling of the experience of adults with disabilities in Minnesota — from the indignities of sheltered workshops to the hopeless years-long wait for vital services that never arrive. These memorable stories were masterfully told while preserving the dignity of the individuals profiled.”

Serres will accept the award and a $5,000 cash prize on behalf of the Star Tribune Nov. 28 at the Cronkite School, where he also will deliver a talk on his work to students, faculty and the public. His appearance, which is part of the school’s “Must See Mondays” lecture series, will be at 7 p.m. in the school’s First Amendment Forum. It is free of charge and open to the public, and sign language interpreting will be provided.

Judges awarded second place and a $1,500 prize to web producer and reporter Martin Austermuhle of WAMU public radio station in Washington, D.C., for “From Institution to Inclusion.” The series of radio broadcasts and digital reporting chronicled the history of a 40-year-old class action lawsuit that closed Forest Haven, the institution where residents of Washington, D.C., with intellectual and developmental disabilities were sent to live. Austermuhle also reported on the city’s difficulties in caring for residents with intellectual and developmental disabilities.

Third place and a $500 prize went to David Epstein of ProPublica for “The DIY Scientist, the Olympian, and the Mutated Gene,” a story of do-it-yourself genetics that helped a 39-year-old Iowa mother named Jill Viles solve her mysterious degenerative muscle disorder. Working with “This American Life” producer Miki Meek, Epstein wrote the podcast script and narrated the story of Viles’ quest to understand what had caused her fat to melt away and her muscles to wither.

Business World of India correspondent Sonal Khetarpal received an honorable mention and a $500 prize for “Insensitive Inc.,” an accounting of employers in India who are implementing inclusive workplace practices, such as flex-time, for employees with Down syndrome and other disabilities.

In addition to Longdon, the judges for this year’s contest were Pulitzer Prize-winning former Washington Post reporter Leon Dash, now Swanlund Chair Professor of Journalism at the University of Illinois at Urbana-Champaign; John Hockenberry, an award-winning reporter who hosts “The Takeaway,” a radio news program that airs on almost 200 stations across the country; and Amy Silverman, managing editor of the Phoenix New Times alternative newsweekly and the author of a new book, “My Heart Can’t Even Believe it: A Story of Science, Love and Down Syndrome.”

Since 2013, the top Schneider Awards have gone to Ryan Gabrielson of California Watch, Dan Barry of The New York Times and Heather Vogell of ProPublica.

“The winners have all produced important watchdog journalism that advances the understanding of disability,” said National Center on Disability and Journalism director Kristin Gilger, who is the associate dean of the Cronkite School. “The quality of this year’s entries was more impressive than ever, a sign that disability issues are beginning to receive the kind of media attention that is warranted, given the number of people who live with disabilities. We’re extremely proud of all of the winners and look forward to honoring Chris Serres in November.”

SOURCE: Arizona State University (ASU) Oct. 19, 2016

McDonald's to Pay $56,500 to Settle EEOC Disability Discrimination Suit

Refused to Interview Deaf Applicant, Federal Agency Charged

ST. LOUIS -- McDonald's Corporation and McDonald's Restaurants of Missouri will pay $56,500 and furnish other relief to settle a disability discrimination suit by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today. EEOC had charged that McDonald's refused to interview a deaf job applicant at its Belton, Mo., restaurant because of his deafness.

According to EEOC's lawsuit, the young man applied online in June 2012 for a position at the Belton McDonald's. The applicant, who is unable to hear or speak, had previous experience working at a McDonald's in another state as a cook and clean-up team member. According to the suit, when the restaurant manager learned that the young man needed a sign language interpreter for his job interview, she canceled his job interview, even though the applicant's sister volunteered to serve as an interpreter. The restaurant continued to interview and hire new workers after the young man made several attempts to reschedule an interview.

Such alleged conduct violates the Americans with Disabilities Act (ADA). EEOC filed its lawsuit in U.S. District Court for the Western District of Missouri, (EEOC v. McDonald's Corporation, et al, 4:11-CV-00395), in December 2015 after first attempting to reach a pre-litigation settlement through its conciliation process.

In addition to monetary relief for the applicant, the three-year consent decree resolving the suit requires McDonald's, which recently sold the Belton restaurant, to ensure that the new owner trains management employees on the ADA's requirements, including providing reasonable accommodations to disabled applicants and employees. The restaurant will also maintain a telephone line that applicants can call to request accommodation, and McDonald's will submit annual compliance reports to EEOC.

"Federal law clearly requires employers to provide reasonable accommodations to deaf and hearing-impaired employees and applicants," said EEOC St. Louis District Director James R. Neely, Jr.

EEOC Regional Attorney Andrea G. Baran added, "Unemployment rates for disabled workers far exceed those of the general population, and employers create a huge barrier to employment when they fail to provide necessary reasonable accommodations to applicants with disabilities. Such behavior is short-sighted in addition to being unlawful."

EEOC Senior Trial Attorney Dayna F Deck said, "Employers must recognize their obligation to accommodate applicants with disabilities. If a deaf applicant's primary language is American Sign Language, then working with the applicant to have an ASL interpreter at the job interview is key to providing that applicant an equal opportunity to compete for the job."

Eliminating barriers in recruitment and hiring is one of six national priorities identified by EEOC's Strategic Enforcement Plan (SEP).

EEOC is responsible for enforcing federal laws prohibiting employment discrimination. The St. Louis District Office oversees Missouri, Kansas, Nebraska, Oklahoma and a portion of southern Illinois. Further information about EEOC is available on its website at www.eeoc.gov.

SOURCE: Press Release EEOC Oct 18, 2016

Salvation Army Sued by EEOC for Disability Discrimination

Aid Organization Rejects Applicant Due to Intellectual Disability, Federal Agency Charges

ANCHORAGE, Alaska - Global charitable organization the Salvation Army violated federal law when it refused to hire a young man with an intellectual disability for an entry-level position at its Wasilla, Alaska thrift store, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today.

Based on the strength of his initial job interview, EEOC found that the Salvation Army store manager actually recommended hiring the applicant, who was in his early 20s, as a donation attendant in spring 2014. This position required no prior experience and simply involved accepting and sorting goods. The young man had completed high school and a follow-up job readiness program, finished three internships at medical centers, and held a part-time job at a local church. However, the Salvation Army requested a highly unusual second interview, and EEOC charges that the organiza­tion ultimately rejected this applicant due to stereotypes about his ability to interact with the public.

Failing to hire a qualified applicant because of a disability violates the Americans with Disabilities Act (ADA). EEOC filed suit in U.S. District Court for the District of Alaska at Anchorage (Case No. 3:16-cv-00240-SLG) after first attempting to reach a pre-litigation settlement through its conciliation process. EEOC seeks monetary damages on behalf of the applicant, and injunctive relief such as training on anti-discrimination laws, posting of anti-discrimination notices at the worksite, and compliance reporting.

"This applicant was fully capable of doing this entry-level job," said Nancy Sienko, director of EEOC's Seattle Field Office. "Being judged by his disability instead of his actual abilities and accomplishments was a big blow to a young person at the start of his job search - and disadvantaged the Salvation Army as well."

EEOC attorney May Che said, "The ADA was enacted to ensure that employers evaluate candidates based on individual merit rather than general stereotypes about what people with intellectual disabilities can or cannot do. We filed this suit to ensure that all workers have a level playing field and can participate in the workforce to their fullest ability."

According to publicly available information and its website, www.salvationarmyusa.org, the Salvation Army employs over 100,000 people and serves over 120 countries worldwide.

EEOC enforces federal laws prohibiting employment discrimination. Further information about EEOC is available on its website at www.eeoc.gov.

SOURCE: Press Release EEOC Oct. 17, 2016 

Providing Accessible Transportation Services: Professional Development Resources for Transportation Providers Webinar Oct. 27th

Workforce development training is essential to building an accessible transportation environment. Join us for this free webinar to learn more about the availability of training for transportation service providers. Attendees will learn about multiple training topics, providers, and sources, including: university programs, national training and technical assistance programs, consultants, state, regional and national conferences, and transportation agencies. Attendees will have the opportunity to ask questions and offer additional information about their own training programs and needs.

Date: Thursday, October 27, 2016
Time: 12:00 PM to 1:30 PM [Mountain Time]

Presenters:

Donna Smith, Senior Director, Easterseals Project Action Consulting
Carol Wright Kenderdine, Assistant Vice President for Mobility & Transportation, Easterseals Transportation Group & Co-Director, National Aging and Disability Transportation Center

Check out the webinar flyer for more information.

Click here to register for this webinar.

Sponsors: Montana State University | West Region Transportation Workforce Center | Easterseals Project Action Consulting

SOURCE:  Easterseals Project Action Consulting

UNITED CEREBRAL PALSY INTERNATIONAL RESOURCE GUIDE 2016

United Cerebral Palsy has compiled this international resource guide covering organizations providing services worldwide.

There are a myriad of disability, health and human service programs in every state and community however they are not always easy to find. Whether you need healthcare, home modifications, or financial assistance—UNITED CEREBRAL PALSY INTERNATIONAL RESOURCE GUIDE can direct you to the organizations that can help.

For the UNITED CEREBRAL PALSY INTERNATIONAL RESOURCE GUIDE: CLICK HERE

Presidential Candidates Questionnaire Results for America's Disability Community Concerns

The American Association of People with Disabilities (AAPD), the National Council for Independent Living(NCIL), and the REV UP Campaign are pleased to share the results of the 2016 Presidential Candidate Questionnaire. These questions have been sent to the current presidential candidates Donald Trump (R) and Hillary Clinton (D).

Hillary Clinton (D) was the first candidate for the 2016 presidential election to complete the REV UP Presidential Candidate Questionnaire. 

Clinton Campaign Response to REV UP Questionnaire

Donald Trump (R) also did respond to the REV UP Presidential Candidate Questionnaire.

Trump Campaign Response to REV UP Questionnaire 

SOURCE: American Association of People with Disabilities

Miami University Agrees to Overhaul Critical Technologies to Settle Disability Discrimination Lawsuit

Oct. 17 -- The Justice Department filed a proposed consent decree today to resolve allegations that Miami University in Oxford, Ohio, violated the Americans with Disabilities Act (ADA) by using inaccessible classroom and other technologies.

Under the consent decree, which is pending court approval, Miami University will make significant improvements to ensure that technologies across all its campuses are accessible to individuals with disabilities and will pay $25,000 to compensate individuals with disabilities.  The agreement also requires reforms to Miami University’s technology procurement practices.  These improvements will benefit all current and future Miami University students with disabilities.

As part of the consent decree, Miami University will, among other things:

• ensure that its web content and learning management systems conform with Web Content Accessibility Guidelines 2.0 AA standards;
• meet with every student who has a disability for which he or she requires assistive technologies or curricular materials in alternate formats, and their instructors, every semester to develop an accessibility plan; and
• procure web technology or software that best meets various accessibility standards.

“Technology in the classroom and across campus provides the backbone for full and equal participation in college life,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division.  “This settlement will ensure that students with disabilities can access and receive the full benefit of 21st century technology in higher education.”                                                     

“The courage of the students who participated in the United States’ investigation led to this broad agreement that touches the lives of Miami University students with disabilities,” said U.S. Attorney Benjamin C. Glassman of the Southern District of Ohio.  “This agreement between the Justice Department and Miami University will ensure full access to technology that is crucial to academic success.”

The Justice Department intervened in this case, Dudley v. Miami University, which was originally brought by a single student.  The intervention expanded the case to ensure comprehensive relief under Title II of the ADA for all Miami University students with disabilities.  In the complaint, the department alleged that Miami University uses technologies in its programs, services and activities that are inaccessible to individuals with disabilities, including current and former students who have vision, hearing or learning disabilities.

The department further alleged that Miami University failed to make these technologies accessible and otherwise failed to ensure that individuals with disabilities could interact with Miami University’s websites and access course assignments, textbooks and other materials on an equal basis with students who do not have disabilities.  These failures deprived current and former students and others with disabilities an equal opportunity to participate in and benefit from all of Miami University’s educational opportunities.

For more information or for a copy of the consent decree, please visit the department’s ADA website at www.ada.gov.  Those interested in finding out more about the ADA may also call the Justice Department’s toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TDD). 

CONSENT DECREE: https://www.ada.gov/miami_university_cd.html

SOURCE: Press Release Oct. 17, 2016 Dept. of Justice

Social Security 2017 Cost-Of-Living Adjustment Will Increase 0.3 Percent

For 2017 Social Security Checks for 66 million beneficiaries will rise 0.3 Percent, or equal to a increase of $3.00 on $1000.00 of benefits . This is the smallest percentage increase of any year in which benefits did rise. Since 1975, Social Security's general benefit increases have been based on increases in the cost of living, as measured by the Consumer Price Index (CPI-W).

The CPI-W rose this year. When inflation increases, your cost of living also goes up. Prices for goods and services, on average, are a little more expensive. Since the CPI-W did rise, the law increases benefits to help offset inflation. As a result, monthly Social Security and SSI benefits for over 65 million Americans will increase 0.3 percent in 2017.

There have only been three years without any increase at all since Social Security's cost-of-living adjustment (cola) was put in place in 1975 -- 2010, 2011 and 2016. was put in place in 1975 -- 2010, 2011 and 2016. The average monthly Social Security check is $1,238.00.

Information about Medicare changes for 2017, when announced, will be available at www.Medicare.gov. For some beneficiaries, their Social Security increase may be partially or completely offset by increases in Medicare premiums.

You can find more information about the 2017 COLA, at www.socialsecurity.gov/cola. For changes in the national average wage index, go to www.socialsecurity.gov/OACT/COLA/AWI.html.