Mine Rite Technologies Sued For Disability Harassment And Discrimination Of A Veteran

Wyoming Manufacturing Company Subjected Veteran to Harassment and Forced Him Out Because of His PTSD, Federal Agency Charges

PHOENIX - Mine Rite Technologies, LLC violated federal law by subjecting an employee at its Buffalo, Wyo., location to a hostile work environment based on his disability, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today. The EEOC also charged the company with forcing the employee out of his job because of his disability.

According to the EEOC's suit, the employee, who had served in the military, suffered from post-traumatic stress disorder (PTSD). While he was employed with Mine Rite as a welder, the employee's supervisor repeatedly referred to him as a "psycho" and uttered similar epithets about him to his coworkers, the EEOC said. The supervisor also referred to Thursday as "Psycho Thursday," because that was the day of the week that the employee attended therapy sessions at a Veterans Administration facility to treat his PTSD. The lawsuit also alleges that Mine Rite's two principal owners were aware of the ongoing harassment but took no steps to put an end to the abuse. The EEOC further said that the harassment became intolerable and that the employee was forced to quit to avoid further abuse.

Such alleged conduct violates the Americans with Disabilities Act (ADA), which prohibits disability discrimination and harassment. The EEOC filed suit (EEOC v. Mine Rite Technologies, LLC, Civil Action No. 2:17-cv-00063-SWS) in U.S. District Court for the District of Wyoming after first attempting to reach a settlement through its pre-litigation conciliation process. The lawsuit seeks back pay, compensatory damages, and punitive damages, as well as appropriate injunctive relief to prevent discriminatory practices in the future.

"The ADA protects our veterans who suffer from PTSD," said EEOC Phoenix District Office Regional Attorney Mary Jo O'Neill. "No employer should ever allow harassment of our veterans who served this country simply because they are getting the care they need and deserve."

Elizabeth Cadle, director of the EEOC's Phoenix District Office, added, "Veterans should not have to hide the fact that they have disabilities and are receiving treatment. The agency will continue to fight against employers who discriminate against veterans with PTSD."

The EEOC's Phoenix District Office has jurisdiction for Arizona, Colorado, Utah, Wyoming and part of New Mexico (including Albuquerque).

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: Press Release EEOC 30/31/2017

Zale Delaware Will Pay $30,000 To Settle EEOC Disability Discrimination Lawsuit

Kiosk Manager Fired Because of Orthopedic Disability, Federal Agency Charged

GREENVILLE, N.C. - Zale Delaware, Inc., dba Piercing Pagoda, a jewelry retailer based in Irving, Texas, will pay $30,000 to settle a disability discrimination lawsuit filed by the U.S. Equal Employment Commission (EEOC), the federal agency announced today.

The EEOC's lawsuit charged that Piercing Pagoda violated federal law by firing Rose Gravel because of her disability. Gravel was employed as a manager at a Piercing Pagoda kiosk in Greenville, N.C., beginning in May 2010. Gravel has degenerative disc disease and fibromyalgia, which cause chronic pain. According to the EEOC's lawsuit, on April 26, 2013, Gravel told Piercing Pagoda she needed to sit for 15 minutes of each hour as an accommodation for her disability. Before requesting an accommodation, Gravel had been out of work on medical leave related to her disability. Gravel was cleared by her doctor to return to work with the restriction that she should take sitting breaks within the work day. Piercing Pagoda refused Gravel's request and insisted that she stand her entire work shift. Piercing Pagoda then fired Gravel instead of allowing her the requested accommodation.

Refusing to grant a reasonable accommodation to a person with a disability violates the Americans with Disabilities Act (ADA), unless it causes an undue hardship for the employer. EEOC filed suit (Equal Employment Opportunity Commission v. Zale Delaware, Inc., Civil Action No. 4:15-cv-00149-D in U.S. District Court for the Eastern District of North Carolina, Eastern Division) after first attempting to reach a pre-litigation settlement through the agency's conciliation process.

In addition to providing monetary relief to Gravel, Zale entered into a two-year consent decree requiring, among other things, that it conduct annual training for its Piercing Pagoda human resource business partners, regional managers and district managers on the ADA and its requirement that employers make reasonable accommodations for qualified persons with disabilities. Zale must also post an employee notice about the lawsuit at its Piercing Pagoda kiosk locations in the Mid-Atlantic and Southeast Regions, as well as provide periodic reports to the EEOC concerning certain employee accommodation requests.

"The need for an assistive device such as a stool should not disqualify anyone from a job," said Lynette A. Barnes, regional attorney for the EEOC's Charlotte District. "When a qualified employee with a disability is ready and willing to work, the employer has a legal duty to provide a reasonable accommodation to make that employment possible unless the employer can show undue hardship - which EEOC contends was not present in this case."

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: Press Release EEOC 03/31/2017

Universal Design is for everyone – but what is it?

What is Universal Design?

"Universal Design is likely the most misunderstood term in remodeling and construction," said Mimi Altman, Executive Director of NARI of Greater Chicagoland (NARIGC), based in Des Plaines. 

Altman continues to say that the misconception is Universal Design is not just for the elderly but for anyone with adapting living environments. "Universal Design makes your home safe for infants becoming mobile toddlers, for those with disabilities; those with severe arthritis, those who struggle with fibromyalgia, OR any other form of physical consideration regardless of age. Homeowners think Universal Design is only ADA or handicap-accessible design. Yet Universal Design can be those things and so much more."

In 1977, architect Michael Bednar authored Barrier Free Environments which noted that the functional capability of all people is usually enhanced when environmental barriers are removed and suggested that a new concept is needed that is "much broader and more universal" and "involves the environmental needs of all users." 

John Oetking, CR, UDCP, owner of Western Springs-based A Street Builders, says homeowners he is working with are not talking about Universal Design until something happens in their life where they need it. 

"We remodeled a bathroom for a woman who broke her leg and at that point she realized how inaccessible her home was," said Oetking. "Our work in this area affects bathrooms, typically installing zero-threshold showers and 36" doorways. Most of the time we are remodeling existing space; with home additions we work with an architect to include a 36" doorway to the bathroom.

"Homeowners are more concerned with how it looks than whether they will need it down the road," said Oetking. "Some of the things people talk about are comfort height toilets and using levers on doors. We also suggest a fixed shower head with a handheld and a zero threshold in the shower."

 
Don Van Cura Sr., MCR, CKBR, CLC, GCP, UDCP, the owner and president of Chicago-based Don Van Cura Construction was in a car accident when he was out of town. "I hurt my arm and quickly realized that I was unable to open the hotel room door - this was an eye opener for me! Everything in a home should deal with human ergonomics. The height at which a person sits in front of a computer day in and day out will determine whether they develop carpel tunnel syndrome, for example."

Van Cura was part of a core group of remodeling professionals that developed the original writing of the UDCP (Universal Design Certified Professional) NARI course to certify remodelers in 2009. 

Over time, the addition of hundreds of home remodeling idea magazines beyond Better Homes and Gardens and Good Housekeeping coupled with double income Baby Boomers fueled the industry with dollars and choices. Additionally, those in the market have access online to Pinterest and HOUZZ and HGTV for ideas. 

"When I started in the industry we were in the Dark Ages. We did what we did and no questions were asked and available choices were nothing like they are today," said Van Cura. "Now, new materials are continually being introduced and combined with a large portion of the population getting older, people are asking for very specific things. We don't mention ADA or geriatric because it's a turnoff and they will say they don't want that!"

Oetking and Van Cura agree that many baby boomers begin by requesting subtle changes such as lever handles versus round knobs on doors. Both say that before people did not want trough or zero threshold showers or higher toilets but now it's stylish. "The higher toilets are now called comfort height and everyone wants them," said Van Cura.

Recent projects Van Cura cites in bathrooms are adding personal spray showers, curb-less drains and wider doorways and in kitchens varying counter heights.

"Bathrooms with grab bars are really tough", said Van Cura. "Homeowners don't want something that makes them appear old. I had a 90-year-old homeowner who did not want a grab bar because it made her look old. I asked: how old do you have to be? Manufacturers now make grab bars that don't look like grab bars. Newer support materials are made to look like part of the shower component."

When remodeling a bathroom, Oetking adds plywood between the studs in the shower to support the addition of a grab bar at a later date when it is needed. "Otherwise it is impossible to locate the studs with the tile on."

Van Cura concludes: "One day my wish is that we no longer have to use the term Universal Design or Green Building because it should not have to be differentiated. Our goal should be to eliminate those terms so every job we do is healthy, green and accessible."

Based in Des Plaines, the Greater Chicagoland Chapter of NARI (www.narichicago.org) is a not-for-profit trade association founded in 1987 and currently consists of approximately 280 member companies. NARI of Greater Chicagoland is committed exclusively to the service of the local professional remodeling industry, representing professional remodeling contractors, product manufacturers, distributors, wholesalers, trade and consumer publications, utilities and lending institutions. For more information visit us online at www.narichicago.org or call at (847) 298-6212.

As published by the Chicago Tribune  | March 31, 2017

by Community Contributor Walsh Communications LLC

This item was posted by a community contributor. To read more about community contributors, click here.
Copyright © 2017, Chicago Tribune

http://www.chicagotribune.com/suburbs/western-springs/community/chi-ugc-article-universal-design-is-for-everyone-but-what-i-2017-04-03-story.html

Brilliant Imperfection: Grappling with Cure; Book Reading with Eli Clare - Chicago April 28, 2017

(click to enlarge)

Join Eli Clare for a reading from his new book Brilliant Imperfection: Grappling with Cure. Eli combines memoir, history, and critical analysis to explore cure—the deeply held belief that body-minds considered broken need to be fixed. Cure serves many purposes. It saves lives, manipulates lives, and prioritizes some lives over others. It provides comfort, makes profits, justifies violence, and promises resolution to body-mind loss. Eli grapples with this knot of contradictions, maintaining that neither an anti-cure politics nor a pro-cure worldview can account for the messy, complex relationships we have with our body-minds.

Friday, April 28, 2017

6:30-8:00 pm

Access Living

115 West Chicago Ave,

Chicago, IL 60602

https://www.facebook.com/events/182282048939936/

This free event is wheelchair accessible. It is free and open to the public. 

Personal Assistants and Sign Language Interpreters will be provided. Please refrain from wearing scented products.

The event is brought to you by Access Living, Bodies of Work: Network of Disability Arts and Culture and UIC Department of Disability and Human Development

U.S. Access Board to Hold Town Hall Meeting in Minneapolis on May 9, 2017

The U.S. Access Board will hold a town hall meeting in Minneapolis on the afternoon of May 9 at the University of Minnesota. The event will provide an open forum where members of the public can pose questions to the Board or share comments or concerns related to accessibility. There also will be panel discussions with local speakers on specific topics.

The event will take place from 1:30 to 4:00 (C.T.) at the University's Recreation and Wellness Center. Registration is not required. An assistive listening system, computer assisted real-time transcription, and sign language interpreters will be available. Attendees are requested to refrain from using perfume, cologne, and other fragrances for the comfort of all participants.

For further information, contact Dave Yanchulis at yanchulis@access-board.gov, (202) 272–0026 (v), or (202) 272–0027 (TTY).

U.S. Access Board Town Hall Meeting May 9, 1:30 – 4:00  C.T.
University of Minnesota
University Recreation and Wellness Center, Room 169 (Beacon Room)
123 Harvard Street, SE
Minneapolis, MN

Schedule of Events• Opening Remarks and Board Briefing
• Panel Discussions
• Open Forum

Supreme Court Decision to Protect People With an Intellectual Disability From Execution Was Long Overdue

In 2002, the U.S. Supreme Court ruled in Atkins v. Virginia that the government could no longer execute people with an intellectual disability, then called “mental retardation,” because the practice violated the Eighth Amendment. Texas skirted the ruling by creating wholly unscientific criteria to determine intellectual disability, based on, of all things, the fictional character Lennie from Steinbeck’s Of Mice and Men. A new ruling last week by the court in Moore v. Texas should put an end to that and other unscientific measures states have used to execute people with intellectual disabilities.

Statement by Brian Stull, ACLU Capital Punishment Project |April 3, 2017                
This is a victory. But as with many victories in modern Supreme Court jurisprudence, they come after many defeats that saw a great human toll.

I think of my executed client, Robert Ladd. He had an IQ of 67, and had been identified by the Texas Youth Commission as “fairly obviously” intellectually disabled. As he awaited execution in 2015, he still had hope. He knew our Supreme Court petition showing he was intellectually disabled would succeed. I could see hope in Robert’s eyes, as we said goodbye through the death-house bars. Robert was right. The Supreme Court would see the light. Just too late for Robert.

The court had established the protection for people with intellectual disabilities like Robert in Atkins because “of their disabilities in areas of reasoning, judgment, and control of their impulses.” People with intellectual disabilities, as the court recognized, “do not act with the level of moral culpability that characterizes the most serious adult criminal conduct.” As defense lawyers, we felt the court had provided us with a shield to protect some of our most vulnerable clients.

Unfortunately, this feeling was premature. Prosecutors cynically argued — and many courts agreed — against the application of established medical standards to determine intellectual disability. They argued that our clients were not intellectually disabled because their real problem was mental illness manifesting as a personality disorder — a concept distinct from intellectual disability. They argued for execution of clients whose IQ fell on the wrong side of a 70 score. They argued for execution of clients who showed “strengths,” such as the ability to follow basic directions in prison or hold a low-skilled job.

Texas took it a step further. In 2004, their high criminal court came up with a list of non-scientific factors to find that a man named Jose Briseño was not intellectually disabled. The court created the list based on the gentle-giant character Lennie in Steinbeck’s Of Mice and Men, reasoning that “most Texas citizens might agree” that the only people who should be saved from execution must resemble Lennie Small in their disability, or worse. Though a figment of Steinbeck’s imagination, Lennie had obvious disabilities, couldn’t hold down a job, and had foibles that constantly landed him in trouble, including ultimately for a homicide.

Relying on fiction in place of science allowed executions of intellectually-disabled Texas prisoners to continue, even though in other states they would be spared. This became the law of our nation’s largest execution state.

Now, 15 years after Atkins, the Supreme Court has rendered a decision that can protect these prisoners.

The court ruled that Texas’s unscientific criteria were inconsistent with medical practice, the Eighth Amendment, and Atkins itself. The court found that Texas had improperly used the Lennie standard to deny Bobby Moore Atkins relief.

It also went beyond the Lennie problem to overrule two more of the Texas court’s unscientific and incorrect approaches. First, the Texas court improperly rejected Moore’s 70 IQ score because statistical error meant it could have been above that score (ignoring that it could also be below). Second the court incorrectly counted the trauma, abuse, discrimination, and mental illness Moore suffered as better explanations for his mental deficits than intellectual disability – explanations not exempting Moore from execution. The Supreme Court rejected both conclusions as unscientific.

The court has now provided the protection for this population that attorneys like me have fought for over our entire careers. My relief is tinged with sadness.

Why couldn’t we convince the court earlier?

How many prisoners with intellectually disability had to die because we did not?

Can this decision be used once and for all to stop Georgia from executing those with intellectual disability?

These are haunting questions that should hasten our fight for justice for those who face the government’s ultimate punishment.

SOURCE: ACLU post

For more information on the ACLU Capital Punishment Project, please visit:

https://www.aclu.org/other/aclus-capital-punishment-project

United States International Council on Disabilities celebrates 25th Anniversary in 2017

The USICD Board of Directors and staff are happy to announce that 2017 will be USICD's 25th Anniversary!    USICD was incorporated as the United States Council for International Rehabilitation in 1992, and became the USICD we know today in 2002.  From our beginning and continuing today, we remain the U.S. member in both Rehabilitation International and Disabled Peoples' International, and our membership continues to include the leading disability organizations and visionary advocates in the U.S. today.  We have grown over the years from a small, volunteer driven organization to one with a staff, office, a diversity of programs, and a global network of colleagues and partners.  In 2009 when USICD launched a campaign for United States signature and ratification of the Convention on the Rights of Persons with Disabilities (CRPD), you answered the call to action.  When President Obama ordered his ambassador to the United Nations to sign the CRPD in 2009, we celebrated together.  And when we lost our only vote yet for ratification in the Senate in 2012 by 5 votes, you stood up, louder and stronger than ever.  Our community is amazing and USICD is eternally grateful to all those who volunteered their time and resources to the CRPD effort.  One day we will prevail.  And USICD will need you with us. Please take a moment to read this newsletter full of information, our most recent Annual Report, or our website's page introducing you to our Board of Directors.  Together with you, we are committed to action and advocacy on disability rights for the one billion persons with disabilities in the world.  Your role in USICD as member, supporter, and friend is vital to our work today and our reach tomorrow.  We hope you will be a part of the future by joining USICD today! SOURCE: Press Release

Deaf People and Employment in the United States: 2016

The National Deaf Center on Post-secondary Outcomes released a report detailing employment data for deaf people in the United States.

Employment is the most commonly used metric for success in the United States today. When you meet a new person, one of the first few questions asked is typically... so, what do you do? Vast amounts of federal funding dollars are earmarked for employment training, placement, and rehabilitation programs across the country. In order to assess the needs of a specific population, we often use employment data as an outcome measure. Despite positive post-secondary enrollment trends and improvements in legal policies surrounding access, anti-discrimination, and the workforce, particularly through the Americans with Disabilities Act, employment outcomes for deaf adults remain mixed, and the data appears to vary wildly across sources.



 Deaf Employment Report_final.pdf

For the many resources available from the National Deaf Center on Postsecondary Outcomes, visit:

http://www.nationaldeafcenter.org/resources/current-research

FaceBook: https://www.facebook.com/nationaldeafcenter/?hc_ref=PAGES_TIMELINE

CHICAGO CITY COUNCIL APPROVES CREATION OF TASK FORCE ON EMPLOYMENT AND ECONOMIC OPPORTUNITY FOR PEOPLE WITH DISABILITIES

March 29, 2017 - Chicago City Council today approved a resolution to establish a new task force focused on removing barriers to employment for people with disabilities. The Task Force on Employment and Economic Opportunity for People with Disabilities, jointly created by Mayor Rahm Emanuel and Alderman Roberto Maldonado, will advise the city on relevant policies and programs in order to increase employment and economic development opportunities to benefit residents with disabilities.

“Our top priority is to ensure that Chicago provides all of our residents with access and opportunity to earn a good wage and to live independently,” said Mayor Emanuel. “While we’ve made important progress on addressing the employment gap for people both with and without disabilities, we must do more. By increasing employment opportunities for people with disabilities, we will ensure that many more residents are able to live independently, allowing our city as a whole to thrive.”

The Task Force will represent leaders of not-for-profit disability policy organizations, community- based service providers, universities and higher education, organizations focused on driving economic growth in the region, and city and state officials.

While a series of both local and federal legislation, including the Americans with Disabilities Act (ADA), have contributed to significant improvements in quality of life in recent years, people with disabilities, who make up approximately one fifth of the population in Chicago, are still unemployed at higher rates and are more impacted by poverty than those without disabilities.

To address the employment gap, the Task Force will work to advance policies and programs that better prepare students with disabilities for higher education; increase alignment on job training opportunities between employers and service providers, and encourage economic development through entrepreneurship and a review of new and existing policies to ensure that the interests of people with disabilities are represented.

“There is no question that the only way to succeed in today’s economy is with a strong education and well-paying job,” said Alderman Maldonaldo. “This Task Force will address the employment gap for persons with disabilities head on, with a goal of opening new doors of opportunity that will lead to economic advancement for everyone in our city.”

Increasing employment and economic development opportunities is critical to people with disabilities being able to live independently, accessing quality education, job training, transportation, and housing.

The Mayor’s Office for People with Disabilities (MOPD) will serve as the facilitator of the Task Force, which will meet monthly over the course of the next year.

“To ensure that residents with disabilities are afforded the same opportunities for employment, the task force will work toward better opportunities for our residents with disabilities to live, work and thrive in our city,” said MOPD Commissioner Karen Tamley."

The creation of the task force delivers on the administration’s ongoing commitment to improving access and opportunity for disabled residents in a wide range of city initiatives, with a focus on education and employment. Under the Mayor’s leadership, MOPD has launched a number of initiatives focused on improving opportunities for people with disabilities to earn an education and gain employment. Most recently, the launch of the City’s first Mayoral Literacy Task Force in 2015 is aimed at closing the gap in literacy and improving reading proficiency among students and residents with disabilities.

SOURCE: Press Release City of Chicago

# another lets see what happens task force - Jim

Power of Attorney, Take Action On This Vital Document Today

As part of your estate and advance health care planning, having a power of attorney is a critical component of protecting your interests. Unlike a will which outlines your wishes, and how your wealth and property will be distributed after you are gone; this legal document authorizes another person to act on your behalf when you are not able to manage your affairs on your own.

Documenting your requests can be difficult to address but doing so could resolve certain legal issues if done in advance. By designating someone to make decisions for you means your wishes will be carried out when you may not have a voice. Take action on this vital document today.

Learn more about navigating power of attorneys on USA.gov.

SOURCE: USA.gov