Disability News Service, Resources, Diversity, Americans with Disabilities Act; Local and National.

Wednesday, November 22, 2017

Federal Court Rules in Favor of EEOC in Disability Discrimination Charge against Amsted Rail

Denying Employment Based on Carpal Tunnel Screening Found Unlawful
ST. LOUIS - A federal judge ruled in favor of the U.S. Equal Employment Opportunity Commission (EEOC) on Nov. 16 in its discrimination charge against Amsted Rail Co., Inc., the federal agency announced today. The judge ruled that Amsted, a leading manufacturer of steel castings for the rail industry, violated federal disability law when it disqualified job applicants based on the results of a nerve conduction test for carpal tunnel syndrome rather than conducting an individualized assessment of each applicant's ability to do the job safely.

According to the ruling in EEOC v. Amsted Rail Co., Inc., No. 14-cv-1292-JPG-SCW (S.D. Ill.), the court found that Amsted's practice screened out job applicants based on a small statistical risk that they might develop carpal tunnel syndrome, violating the Americans with Disabilities Act (ADA). The court also ruled that Amsted violated the ADA when it refused to hire Montrell Ingram because he previously had successful surgery for carpal tunnel syndrome.

In motions filed with the court last year, the EEOC asked the court to rule that Amsted's use of the nerve conduction test was discriminatory as a matter of law, as well as its policy not to hire applicants who had previously had carpal tunnel syndrome surgery. The EEOC argued that Amsted regarded applicants as disabled because it unreasonably perceived them as at risk to develop carpal tunnel syndrome based upon previous surgery for the condition or the results of the nerve conduction test. Amsted argued that its nerve conduction test and previous surgery rule were justified to identify persons with an enhanced risk for the development of carpal tunnel syndrome.

The court rejected the majority of Amsted's arguments and ruled that the company's conduct was unlawful because it discriminated on the basis of disability, finding that the nerve conduction test had little to no value in predicting the likelihood of future injury.

"While Amsted would like to claim it was protecting workers, its practice denied employment opportunities to workers who were ready and able to do the job," said Andrea G. Baran, regional attorney of the EEOC's St. Louis District. "Employment decisions, including hiring decisions, must be based on a person's ability to perform the job, not on stereotypes, assumptions or conjecture. An individualized assessment of the applicant's present ability to safely perform the job duties is required before an employer may screen out an applicant based on medical tests or exams in the hiring process."

The case is pending in U.S. District Court for the Southern District of Illinois in Benton, Ill., and will now proceed with determining damages and remedies for the applicants who were harmed by Amsted's discriminatory conduct.

The EEOC is responsible for enforcing federal laws prohibiting employment discrimination. The St. Louis District Office oversees Missouri, Kansas, Nebraska, Oklahoma, and southern Illinois.

The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.
source: EEOC press release

American Airlines and Envoy Air to Pay $9.8 Million to Settle EEOC Disability Suit

Airlines' Policies Discriminated Against Disabled Employees, Federal Agency Charges

Nov. 20, 2017 - American Airlines and Envoy Air will pay $9.8 million in stock, which is worth over $14 million if cashed in today, and provide other significant relief to settle a nationwide class disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today. The EEOC's suit said the airlines unlawfully denied reasonable accommodations to hundreds of employees.

"This matter highlights the critical role of the Americans with Disabilities Act in getting people back to work as quickly as possible," said EEOC Acting Chair Victoria A. Lipnic. "The parties deserve credit for working diligently to bring this matter to resolution."

According to the EEOC's suit, American and Envoy violated federal law by requiring their employees to have no restrictions before they could return to work following a medical leave. Under this policy, if an employee had restrictions, American and Envoy refused to allow them to return to work and failed to determine if there were reasonable accommodations that would allow the employee to return to work with restrictions.

Such alleged conduct violates the Americans with Disabilities Act (ADA), which prohibits discrimination based on disability and also requires an employer to provide reasonable accommodation to employees with disabilities unless doing so would cause significant difficulty or expense for the employer. If employees with disabilities are not able to do their current job, even with a reasonable accommodation, employers are obligated to look for a reassignment to another position for those employees.

The EEOC filed suit in U.S. District Court for the District of Arizona, Civil Action No. 17-cv-04059-SPL, after first attempting to reach a pre-litigation settlement through its conciliation process and continued negotiations prior to filing suit. The consent decree resolves the EEOC's lawsuit and several charges of discrimination filed by individuals with the EEOC. The systemic investigation was conducted by the EEOC's Phoenix District Office.

In addition to the $9.8 million in stock, the two-year decree includes injunctions against engaging in any future discrimination or retaliation based on disability, and requires the companies to adopt policies that ensure reasonable accommodations are provided to persons with disabilities. American and Envoy will provide mandatory periodic training on the ADA to employees. The settlement applies to all American and Envoy employees throughout the country.

EEOC Deputy General Counsel James L. Lee said, "We are pleased the parties were able to resolve this important case without resorting to prolonged and expensive litigation, and we are proud of the Commission's long record of protecting people with disabilities from workplace discrimination."

Elizabeth Cadle, district director for the Phoenix office, added, "This settlement demonstrates the need for employers to have good ADA policies. That means policies which consider employers' obligations to provide reassignment without competition as a reasonable accommodation for employees with disabilities who become unable to do their current job even with accommodations."

EEOC Regional Attorney Mary O'Neill added, "This consent decree is the result of productive and thoughtful negotiations with American. We appreciate American and Envoy working with the EEOC to reach a settlement. In addition to providing meaningful monetary relief for hundreds of former employees, the settlement contains important equitable relief, including company policy changes and training designed to provide people with disabilities equal opportunities in the workplace."

According to its website, www.aa.com, American Airlines, headquartered in Fort Worth, Texas, is an airline that operates an average of nearly 6,700 flights per day to nearly 350 destinations in more than 50 countries, and employs over 120,000 people.

The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.
source: EEOC press release

Tuesday, November 21, 2017

Disability Issues Town Hall in Chicago on Nov 28, 2017 at Access Living

This TOWN HALL will address issues that impact many people with disabilities such as pain relief, wheelchair repair, food stamp and food security, access to health care, how is Illinois doing to get people out of nursing homes or in preventing needless institutionalization before it happens. Your experiences and your questions will help us to have a deeper understanding of the needs of the disability community!

You are invited to a Health Care Town Hall on issues facing the disability community.
WHEN: November 28th, 2017 from 2:30-5:30 pm  

WHERE: Access Living, 115 W. Chicago Avenue, Chicago, IL.

Schedule of Events:
Welcome! Tom Wilson of Access Living & Dr. Joy Hammel of UIC Project 
WHAT DO WE WANT? WHAT DO WE NEED? WHAT DO WE WANT?Community Living Barriers, Supports & Needs: Independent Voices community mentors & UIC Action Research students 
WHERE ARE WE AT IN ILLINOIS?Update on Olmstead Class Action Lawsuits & Monitoring of Colbert & Williams cases:
Equip for Equality with Barry Taylor 
HOW DOES ILLINOIS COMPARE TO THE REST OF THE COUNTRY?Dr. Hammel discusses Impact on Disability Community Participation: ADA/Participatory Action Research Consortium Olmstead Interview project findings nationally & in Chicago 
WHAT'S NEXT? TOM WILSON & MIKE ERVIN ACTION PLANNING & ADVOCACY! 
Refreshment Break
Action Updates from the Community:
Barbara Shaw, Nurse Practitioner, Rush Hospital: Chronic Pain & Persons With Disabilities 
Judy Panko Reis, Access Living: Food Stamp & DME Advocacy Updates
Please refrain from wearing scented care products. Sign Language Interpreters and Personal Attendants will be provided. Snacks will be served. For other accommodations please contact Tom Wilson at twilson@accessliving.org or call (312) 640-2125.
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Partial Funding for this event provided by the ADA/PARC funded by the National Institute for Disability and Rehabilitation Research under grant H133A120008.

Illinois Home Medical Equipment Vendors Worried About States Medicaid Managed-Care Reboot

A company hired to reboot Illinois’ Medicaid managed-care program plans significant cuts in payments for medical equipment, a move that providers say will hurt low-income patients and make it harder for them to be cared for at home.

Solid Article by Dean Olsen for the State Journal-Register | Nov 18, 2017                                        
IlliniCare Health, a company based in Elk Grove Village that is part of publicly traded Centene Corp., plans cuts of 10 percent to 50 percent in payments next year to vendors who sell equipment such as wheelchairs, portable oxygen, adult diapers, feeding tubes and ventilators.

Those cuts could push some medical providers out of business and persuade others to not participate in IlliniCare’s network, said Kevin Stewart, president of the Great Lakes Home Medical Services Association. He also contended companies that stay in the network might survive by skimping on the quality of supplies or amount of professional support that patients receive.

“Patients are going to be backed up in the hospital, which is going to cost the state more money in the long run,” Stewart said.

Medical equipment providers across the country have already been hit with fee reductions through the federal Medicare program’s “competitive bidding” program, with 45 percent of supplier companies going out of business or leaving Illinois since 2013, said Kam Yuricich, executive director of the Great Lakes association.

John Hoffman, spokesman for the Illinois Department of Healthcare and Family Services, the agency overseeing the managed-care reboot, said IlliniCare and others with state contracts are paid a fixed amount per patient.

Excessive health-care costs will eat into the companies’ profits, so managed-care organizations have a financial incentive to provide good service, Hoffman said.

“The healthier people are, the better it is for the company,” he said.

Officials from IlliniCare and St. Louis-based Centene didn’t return phone calls and emails from The State Journal-Register last week. A spokeswoman from the Illinois Association of Medicaid Health Plans couldn’t be reached for comment.

Testing the waters’
IlliniCare, based in Elk Grove Village near Chicago, is one of seven managed-care organizations (MCOs) that won state contracts for the Jan. 1 launch of the next phase of managed care affecting more than 80 percent, or 2.7 million, of Illinois’ 3.14 million Medicaid recipients.

Durable medical equipment in fiscal 2016 accounted for about $101 million, or one-half of 1 percent, of Illinois’ $20 billion-plus Medicaid program. But vendors said home-based services are essential for patients to avoid hospitalizations and readmissions that can be much more expensive for the state.

Members of the Great Lakes association, which covers Illinois, Indiana and Michigan, worry that IlliniCare’s rate cuts will be picked up as a model by other managed-care organizations in Illinois and in other states where managed care is being used to contain cost increases in the federal-state Medicaid program.

“They’re testing the waters to see whether this works,” Stewart said. “It’s a dangerous test.”

State Sen. David Koehler, D-Peoria, said he introduced Senate Bill 2262 earlier this month to require managed-care organizations pay medical vendors at levels at least equal to the traditional “fee-for-service” rates in response to providers’ concerns.

Koehler said he expects the bill to be considered by the General Assembly early in 2018.

Like many Democrats in the legislature, he is skeptical about the state’s move to managed care for Medicaid recipients, a trend that has been embraced by Gov. Bruce Rauner and other Republicans.

“This whole thing is a mess, and it’s going to cause people who depend on Medicaid to get less service,” Koehler said. “We’ve set this up so MCOs make money by denying services.”

Hoffman said Healthcare and Family Services “is committed to ensuring that health plans offer Medicaid members the services and equipment they are entitled to.”

“Under managed care,” he said, “it is the responsibility of the health plans and providers to negotiate with each other to accomplish this within the framework of contracts, laws and rules overseen by the department.”

Cost savings
IlliniCare billed the state for $1.4 billion in services in the fiscal year that ended June 30, Hoffman said. That money went to pay for health care as well as IlliniCare’s internal costs and profits.

Healthcare and Family Services estimates that the reboot, dubbed HealthChoice Illinois, will lead to annual savings of $200 million to $300 million.

That’s more than $1 billion in total savings during the life of the four-year contract compared with the current managed-care system serving 63 percent of Medicaid recipients, Hoffman said.

However, there is “not a great deal of evidence” that managed care saves money for state Medicaid programs or improves care for beneficiaries, according to Robin Rudowitz, associate director of the nonpartisan Kaiser Family Foundation’s Program on Medicaid and the Uninsured.

By shifting financial risk to for-profit companies and other groups, managed care does give states more predictability when it comes to the cost of Medicaid, she said.

Medicaid costs per recipient have been rising less than costs in the private health insurance system, she said.

Healthcare and Family Services officials say the reboot in Illinois is designed so payment of vendors will be streamlined. The process of receiving and acting on complaints will be streamlined, too, Hoffman said.

The Illinois Academy of Family Physicians is “working in good faith” with the state and MCOs on the reboot, and everyone involved seems interested in seeing the initiative succeed, according to Gordana Krkic, the Bolingbrook-based group’s deputy executive vice president for external affairs.

Worries at home
Such assurances don’t ease the worries of some Illinoisans.

Rebekah Strate, a Murrayville resident, is raising two children with complex medical needs who use equipment to keep them breathing. Strate said she is worried that she will lose her children’s current DME provider, Memorial Home Services, in the reboot.

If 9-year-old McKenzie or 10-year-old Miracle don’t receive equipment and supplies that work best for their conditions, or if replacements aren’t provided right away when supplies run out, the girls can end up in the hospital or worse, Strate said.

McKenzie joined the Strate family as a foster child and since has been adopted. She continues to be covered by Medicaid.

Miracle is still a foster child and is being adopted by the family.

A special provision in the reboot will place all 16,200 children who are in the care of the Illinois Department of Children and Family Services, as well as 23,000 others, including former DCFS wards who have been adopted, into IlliniCare’s managed-care network. The children currently are served in the fee-for-service system, no matter where they live in Illinois.

It’s unclear whether Memorial Home Services, which currently serves the Strate children, will be part of IlliniCare’s network. The contract affecting DCFS clients is expected to begin July 1, 2018.

“Memorial Health System has not finalized contracts yet with any Medicaid managed-care organization, but we are having conversations with most of them, including IlliniCare,” Memorial spokesman Michael Leathers said last week. “Three of the four MCOs have not yet provided contract proposals for our review, but we have been and continue to be in discussions with them.”

Rebekah Strate, 42, a homemaker, and her husband, Jeff, 45, a pharmacy technician, switched from a national medical vendor to Memorial for the children two years ago after a crisis involving McKenzie.

The national company was slow to provide a new $50 nebulizer for McKenzie for breathing treatments after the old one broke, Rebekah Strate said.

She said the delay resulted in breathing problems for McKenzie, who has a tracheostomy and chronic lung disease, and a subsequent stay in the emergency department of Jacksonville’s Passavant Area Hospital. The hospital provided a new nebulizer and apparently billed Medicaid for the equipment and ER visit, she said.

By contrast, a Memorial respiratory therapist has been available immediately by phone, and Memorial has driven equipment and supplies to the family’s Morgan County home, rather than wait for the mail, to make sure the children get good service, Strate said.

There are about 1,000 “medically fragile” children in Illinois, like those in the Strate family, who could be put in jeopardy if IlliniCare skimps on care, said Susan Agrawal, a Chicago resident and founder of a support group for parents of kids in the Medically Fragile and Technology Dependent waiver program.

“Companies hope parents and other caregivers will pick up the slack,” Agrawal said.

DCFS spokesman Neil Skene said IlliniCare has experience serving clients in the child-welfare system in Washington state, Florida and Texas.

DCFS, through careful monitoring, will work so that the fears voiced by Strate and Agrawal about the Medicaid managed-care reboot don’t become reality, Skene said.

“We’re going to make sure it doesn’t adversely affect any child,” he said.

http://www.sj-r.com/news/20171118/home-medical-equipment-vendors-worried-about-medicaid-managed-care-reboot
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About Illinois’ Medicaid managed care plan
Medicaid recipients in the Springfield area currently aren’t served by IlliniCare or any other managed-care groups, but that will change in 2018.

Managed-care networks stopped operating for the counties of Sangamon, Menard, Logan, Christian, Macon and Piatt earlier this year after companies and health-care providers withdrew.

As in other parts of the state, many providers complained about payment delays and payment denials.

For the six counties including Sangamon, and the other Illinois counties currently in Medicaid managed care, the reboot begins Jan. 1. Managed-care organizations, or MCOs, are setting up their provider networks, and patients are receiving notices in the mail asking them to choose an MCO or be automatically enrolled in one.

For all other counties, including Morgan, Cass, Macoupin, Montgomery, Mason, Greene and Jersey, the reboot takes effect April 1.

As part of the reboot, the state awarded contracts to seven MCOs, a smaller number than are in the current managed-care system.

Five plans will operate in all 102 counties — IlliniCare, Blue Cross and Blue Shield of Illinois, Meridian Health Plan, Molina Healthcare and Harmony Health Plan. CountyCare and NextLevel will operate only in Cook County.

IlliniCare currently serves 211,000 in the Chicago, Rockford and Quad Cities areas.

Thanksgiving Holiday Shoppers Abusing Disability Parking at Illinois Malls Statewide, Abusers Beware


Once again it's a favorite time of year for many, Thanksgiving. Time to spend time with family, and friends, volunteering is another great way to enjoy the holiday. Another tradition is shopping for the Thanksgiving week deals, and on Black Friday shopping at malls.

Black Friday, marks the unofficial start of the holiday shopping season and one of the busiest shopping days of the year.

In Illinois another tradition is one that we wish was not necessary, but as a advocate for disability issues I enjoy,

The Illinois Secretary of State Police will be for the 11th year in a row visiting shopping malls statewide. They will conduct statewide parking stings targeting individuals illegally parking in spaces reserved for persons with disabilities at shopping malls beginning Black Friday, Nov. 24, 2017.
Drivers caught misusing a placard face a six-month driver’s license suspension and a $600 fine. Repeat violators will face a one-year driver’s license suspension and a $750 fine for a second offense; for third or subsequent offenses, violators will face a $1,000 fine plus a one-year driver’s license revocation. The fine for parking in an accessible parking space without a disability placard or license plates can be up to $350 and using a deceased person’s placard or a fraudulent placard can result in a $2,500 fine and one-year revocation of a driver’s license.
The Illinois Department of Transportation and Illinois State Police are also enforcing the importance of their never-ending “Click It or Ticket” campaign aimed at getting motorists to wear seat belts.

As shared from the Illinois Secretary of State office in a press release.  Currently, 627,281 permanent disability placards and 51,416 disability license plates are registered in Illinois.

Illinois Secretary Of State Jesse White urges individuals to report abuse of parking spaces for people with disabilities by calling 217-785-0309. Callers should be prepared to report placard and license plate numbers as well the as the location of vehicles. People can also report abuse via the Secretary of State’s website at www.cyberdriveillinois.com and complete the Parking Program for Persons with Disabilities Abuse Complaint Form.

article by Jim Watkins, Ability Chicago Info |Nov. 21, 2017

Oklahoma State Officials Sued over Termination of Disability Services

OKLAHOMA CITY–The ACLU of Oklahoma and the Oklahoma Disability Law Center, Oklahoma’s federally funded Protection and Advocacy system, filed today an action against public officials of the State of Oklahoma seeking to ensure Oklahomans with disabilities receive the critical services required by federal law.

On October 31, the Oklahoma Department of Human Services notified the over 20,000 recipients of Advantage and In-Home Supports Waivers for Adults that their benefits would be terminated on December 1, 2017. Regardless of potential action from the Governor’s office today, the ACLU of Oklahoma and the Oklahoma Disability Law Center will continue to push for a reliable, long term solution to funding these critical services.

“Our office has been inundated with calls from families terrified about what will happen to their loved ones come December 1 and beyond, “ said Melissa Sublett, Executive Director for the Oklahoma Disability Law Center. “In addition to the families whose services will be cut on December 1, we have been contacted by countless families whose loved ones have waited decades on the waiting list for waiver services wondering what will happen because there are no services in sight. The state of Oklahoma has neglected its duty to people with disabilities for far too long.”

“These benefits are absolutely essential to the Oklahomans who receive them,” said Brady Henderson, Legal Director for the ACLU of Oklahoma. “Whether or not the Governor signs a budget with one time funding sources, these critical services remain under threat. Critical services of this nature require funding stability. Failing to adequately and reliably fund these services risks stripping thousands of Oklahomans of their ability to live in community-based settings, a basic right that the state has a legal and moral obligation to honor. A failure to maintain these services illegally forces Oklahomans with disabilities into institutions, creates greater ongoing costs to the state, and in some cases, can cause a completely preventable and senseless loss of life.”


Source: ACLU of Oklahoma press release Nov. 17, 2017

Ohio State University Lose Lawsuit of ADA Violations Over Students Service Dog in Sorority House

CNN News - Nov 19, 2017 - A judge has decided that a sorority sister who uses a service dog can return to live in the Chi Omega house at The Ohio State University for now, even though another sister claims that she’s allergic to the dog and it’s making medical conditions she suffers from even worse.

“The panic attacks restrict her breathing”

Madeleine Entine, a sophomore, sued the school’s ADA coordinator for forcing her and her service dog to move. She says the school violated the Americans with Disability Act and the Fair Housing Act in making its decision.

Entine says she suffers from panic attacks, ones so severe they interfere with her daily activities.

“The panic attacks restrict her breathing ability and cause her to hyperventilate. They also cause her muscles to lock up and prevent her from walking on her own,” court documents said.

So Entine gets relief from Cory, a service dog. Cory is trained to climb on her stomach and apply pressure. That helps bring her relief so she can restore her ability to breathe and move, court documents say. He also helps her have less frequent attacks.

“The two individuals are at odds”

At the start of the school year, Entine and Cory moved into the Chi Omega house. Just a few weeks later, another sister in the house began complaining about Cory, saying she was allergic to dogs.

Freshman and sophomore students are required to live either on-campus or in Greek housing. Since she’s the Chi Omega chapter vice president, she lives in her sorority house.

Court documents say Cory exacerbates the other sister’s “allergies and asthma, which, in turn, causes a flare-up of Housemate’s Crohn’s disease.” According to court filings, the dog is regularly played with by others throughout the house.

The lawsuit does not name the other sorority sister.

The situation made its way to the university’s Americans with Disabilities Act Coordinator, Scott Lissner, to intervene. Lissner determined that, “…over time, continued exposure to dog dander would ultimately be untenable and unsafe for Housemate.”

Because of this conundrum, Lissner based his course of action on who signed the lease first: in this case, the sister with the allergy. OSU says they’ve used this same parameter in other cases.

So Entine was forced to decide: either move out of the sorority house or stay in it without Cory.
“Physcial parameters” would allow separation

Entine claimed that the proposed solutions violated the Americans with Disabilites Act and asked if she could remain at the house, but with “physical parameters” that would allow separation between Cory and the other sorority sister, the complaint says.

In a letter to Entine’s attorney Bart Keyes, OSU said that “Due to room configuration and house mechanical systems, it was determined that restricting the dog to a certain area or assigning the students to different living locations or rooms within the house would not accommodate the disabilities of both students.”

OSU said it provided Entine an “offer of assistance from the University to make alternative housing arrangements, which she declined.”

Ultimately, the university stood by Lissner’s assessment, and Entine was given two weeks to make a decision.

Allergies “are not valid reasons for denying access”

In the federal suit filed by Entine, she maintains that this is a clear violation of the ADA, and quotes the federal regulations.

“Allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals.”

But Ohio State says the situation is difficult to manage.

The “case is not about whether plaintiff can have her assistance animal as a reasonable accommodation. She can. Instead, this is about how OSU, specifically Lissner, must accommodate two students with disabilities whose accommodations are in conflict.”

Entine’s lawsuit claims Lissner violated the ADA, the Fair Housing Act and other Ohio codes.

US District Judge Algenon L. Marbley heard the case and issued a preliminary injunction, allowing Entine to remain in the sorority house with her dog until a verdict is handed down after trial. A trial date has not been assigned yet, Keyes told CNN.

The judge’s decision was based on the fact that “Lissner did not perform the inquiry required under the ADA before disallowing the use of a service animal. In fact, Lissner did not even establish that it was Cory who aggravated the symptoms of (the other sister’s) disability,” according to the court documents.

CNN reached out to OSU, but officials said the university does “not comment on pending litigation.” Calls to the Chi Omega sorority have not been returned.

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Nationwide Class Action Challenges Hulu’s Discrimination against Blind and Visually Impaired Individuals

Boston, Massachusetts—November 20, 2017—A coalition of blind and visually impaired individuals and advocacy groups filed a nationwide class action today against Hulu to end the video streaming company’s ongoing exclusion of blind and visually impaired Americans. The lawsuit—filed in the U.S. District Court for the District of Massachusetts—challenges Hulu’s violation of the Americans with Disabilities Act.

Hulu, one of the largest online-streaming services in the country, offers thousands of shows and movies, including award-winning original content, to most customers at the click of a mouse. However, the company fails to provide audio description—a separate audio track that blind and visually impaired people need in order to access the exclusively visual content of a show or movie—for any streaming videos.

Because Hulu fails to include audio description tracks on any of its streaming content, blind and visually impaired individuals cannot independently enjoy Hulu’s video streaming services. Audio description is a separate audio track that, when activated, provides a verbal description of visual elements on screen, especially in scenes with no dialogue. The audio description track plays between pauses in dialogue. Hulu boasts an extensive library of live TV and on-demand movies and series—including its Emmy-award winning original series, “The Handmaid’s Tale”—but currently excludes customers who are blind and visually impaired.

In addition, Hulu’s website and applications are not accessible to blind and visually impaired individuals who use screen readers to navigate the internet. A screen reader is software that converts the visually displayed content on the screen into audible, synthesized speech or outputs that information on a digital braille display.

The American Council of the Blind, Bay State Council of the Blind, and blind individuals brought this action to end Hulu’s discriminatory business practices. Disability Rights Advocates (DRA), a national nonprofit legal center, and the Disability Law Center (DLC), Massachusetts’s Protection and Advocacy system, represent these individuals and organizations.

Kim Charlson, President of the American Council of the Blind, said, “Movies and television are pillars of American culture. As delivery of such media transitions to video streaming services, it is critical that these platforms be accessible in order to ensure the inclusion of blind and visually impaired individuals in contemporary society.”

Rebecca Williford, Senior Staff Attorney at DRA, said, “Hulu is owned by a collection of some of the most powerful companies in the entertainment business and is itself one of the nation’s most popular online streaming services. Its utter failure to provide access to individuals who are blind and visually impaired is astonishing.”

“BSCB members have been expressing their concerns about Hulu’s lack of audio description for years now,” said Brian Charlson, President of Bay State Council of the Blind, “and it is time that Hulu join with other industry streaming services out there and meet its obligations under the Americans with Disabilities Act.”

“As forms of entertainment evolve, equal access must transition to meet industry innovation. Equal access means the ability to fully use and enjoy all aspects of entertainment, just like everyone else,” said Christine Griffin, Executive Director of DLC.

Plaintiffs do not seek monetary damages, but seek only to achieve equal access to Hulu’s services.

A copy of the Complaint can be found HERE (pdf).

About Disability Rights Advocates (DRA)
Founded in 1993, DRA is a leading national nonprofit disability rights legal center. Its mission is to advance equal rights and opportunity for people with all types of disabilities nationwide. DRA represents people with the full spectrum of disabilities in complex, system-changing, class action cases. DRA’s prior cases advocating for accessible entertainment include Blanks v. AMC Theaters (2017) (reaching a settlement to improve audio description in AMC theaters nationwide), and negotiations with Netflix in 2016 that resulted in a settlement to provide audio description for Netflix’s streaming and disc rental libraries, including “Netflix Originals.” For more information, visit www.dralegal.org.

About Disability Law Center (DLC)
The DLC is the Protection and Advocacy system for Massachusetts and is authorized under federal law to protect and advocate for the legal rights of individuals with disabilities in Massachusetts. DLC worked with Bay State Council of the Blind in a series of negotiations with Fleet Bank, Sovereign Bank, and Citizens Bank to ensure that their ATMs, websites, and other banking services were fully accessible to individuals who are blind or visually impaired. For more information, visit www.dlc-ma.org.

About American Council of the Blind (ACB)
ACB works to increase the independence, security, equality of opportunity, and quality of life, for all people who are blind or visually impaired. ACB advocates for policies that provide services, opportunities, infrastructure, and equipment that are necessary for an inclusive society, in federal, state, and local governments, and among service providers and industry. For more information, visit www.acb.org.

About Bay State Council of the Blind (BSCB)
BSCB is a membership organization of blind, visually impaired, and sighted individuals committed to an enhanced quality of life for Massachusetts’ residents who are blind or visually impaired. BSCB convenes meetings and conferences, organizes recreation activities, provides publications, radio programs, and information, and advocates for services and legislation that improve access for people who are blind. For more information, visit www.acbofma.org.

source: Disability Rights Advocates press release

Monday, November 20, 2017

What and When is #GivingTuesday 2017?

A question many have in the last few years is about #GivingTuesday.

#GivingTuesday is a global day of giving fueled by the power of social media and collaboration.

Celebrated on the Tuesday following Thanksgiving (in the U.S.) and the widely recognized shopping events Black Friday and Cyber Monday, #GivingTuesday kicks off the charitable season, when many focus on their holiday and end-of-year giving.

One of the best ways to get involved is in your own community. There has been created a directory to help you find organizations, charities, events and more in your own community.

A #GivingTuesday website is available to learn more, and explore charities, organizations, community groups that will benefit from your participation with #GivingTuesday.


A Global Giving Movement | November 28, 2017
YouTube published by Giving Tuesday

ACLU 2018 SUMMER INSTITUTE - Apply by January 19, 2018

From free speech to privacy and from mass incarceration to voting rights, students will become experts on the issues currently being confronted in the United States’ courts and political arena.

The ACLU’s 2018 Summer Advocacy Institute will bring together a diverse group of students entering their junior and senior years of high school from across the United States to participate in an advanced, firsthand learning experience for the next generation of social justice advocates. Through an intensive 8-day program, students will learn directly from lawyers, lobbyists, community activists, and other experts working to defend the civil rights and liberties critical to a free and open society. The Close Up Foundation — a DC-based civic-education nonprofit — will serve as a partner with the ACLU to provide substantive experiential learning opportunities that help students hone their skills as issue-focused campaigners.

In classroom sessions, lectures, and daily debates, students will explore the complex nature of defending and advancing civil liberties as well as examine the importance of these freedoms in our current society. Students will be immersed in the real world of political and legal decision making in Washington, D.C., meeting with elected officials and/or congressional staff and community organizers as well as participating in workshops with civil rights pioneers and other current youth activists.

Application Deadline: January 19, 2018

APPLY NOW!
DOWNLOAD A SAMPLE PROGRAM AGENDA (2017)
source: ACLU post