Peoria, IL. Green Chevrolet to Pay $65,000 to Settle EEOC Disability Discrimination Suit

Employee with Disability Involuntarily Transferred and Fired for Opposing It, Federal Agency Charged

CHICAGO - A Peoria, Ill., Chevrolet dealership will pay $65,000 and furnish other relief to settle a disability discrimination and retaliation lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.

According to the EEOC's lawsuit, Green Chevrolet violated federal law by forcing an employee to transfer to a position that had never previously existed when the company learned that the employee was experiencing kidney failure and would require regular dialysis treatment. The EEOC also alleged that when the black employee resisted his transfer by explaining that he was healthy enough to continue working his sales advisor job and by asking why the company did not "get a white guy" to do the new job, the company fired him in retaliation for this opposition.

Such alleged conduct violates the Americans with Disabilities Act (ADA) and Title VII of the Civil Rights Act of 1964. The EEOC filed its lawsuit on Sept. 29, 2015 in U.S. District Court for the Central District of Illinois in Peoria (Civil Action No. 15 C 1412) after first attempting to reach a pre-litigation settlement through its conciliation process.

Under the consent decree settling the suit, entered by Judge Michael M. Mihm, Green Chevrolet will pay the former employee $65,000. In addition, the decree prohibits Green Chevrolet from engaging in disability discrimination or retaliation in the future. The decree also requires the company to train its managers about the requirements of the ADA and Title VII and to report complaints of disability or race discrimination to the EEOC.

"The EEOC is pleased that this employer has agreed to train its managers on the requirements of the ADA and Title VII," said Julianne Bowman, the EEOC's district director in Chicago. "We always prefer to prevent discrimination from occurring in the first place, rather than trying to seek a fix after the fact."

EEOC Regional Attorney Gregory Gochanour noted that the settlement was negotiated before the parties engaged in extended litigation or pretrial discovery.

Gochanour said, "We are gratified by Green's determination to work with the EEOC to quickly resolve the case by providing compensation to its former employee and undertaking measures to assure future compliance with the ADA and Title VII. Early resolution of cases benefits everyone - the discrimination victims, the employers, the EEOC and the courts."

The EEOC's Chicago District Office is responsible for processing charges of employment discrimination, administrative enforcement, and the conduct of agency litigation in Illinois, Wisconsin, Minnesota, Iowa and North and South Dakota, with Area Offices in Milwaukee and Minneapolis.

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 04/25/2017

EEOC and Flying Star Transport Settle ADA Claims for $65,000

Federal Agency Steers Hiring Case of Driver With Amputation to Early Resolution

AMARILLO, Texas - An Amarillo, Texas-based fuel transport company has agreed to pay $65,000 and furnish other relief to settle a disability discrimination lawsuit brought by the U.S. Equal Employment Oppor­tunity Commission (EEOC), the federal agency announced today.

According to the EEOC's lawsuit, Flying Star Transport violated federal law by denying hire to truck driver Robert Kallgren because he had had his arm amputated during his teenage years. Kallgren had more than 20 years of experience driving trucks when he applied to work for Flying Star. The company made an assess­ment, without evidence or proof, that there was no accommodation that would allow Kallgren to do the job safely, and failed to engage in an interactive process of exploring that with him.

Such alleged conduct violates the Americans with Disabilities Act (ADA). Flying Star has denied the allegations in the EEOC's suit. By agreement between the parties to resolve the matter without resort to lengthy litigation, the EEOC filed its lawsuit on April 24, 2017 in U.S. District Court for the Northern District of Texas in Amarillo (Civil Action No.2:17-cv-00070-J). Concurrent with that filing, the parties also jointly filed a settlement by consent decree with the court.

EEOC Senior Trial Attorney Joel Clark noted that the settlement was negotiated before the parties engaged in extended litigation or pretrial discovery.

"We greatly appreciate Flying Star's determination to work with the EEOC to quickly resolve the case by providing compensation to Mr. Kallgren and undertaking measures to assure future compliance with the ADA," Clark said.

Robert A. Canino, regional attorney for the EEOC's Dallas District Office, said, "We have been impressed with Mr. Kallgren's determination and success in pursuing active employment, and successfully performing whatever duties have been asked of him. Even today he is employed as an over-the-road truck driver, which I think speaks to his abilities in such a position. Flying Star is taking the high road with a commitment to providing opportunities to applicants and employees who may require accommodation."

Under the consent decree settling the suit, Flying Star will pay Kallgren $65,000. In addition, the decree enjoins Flying Star Transport from engaging in disability discrimination in the future. Further, the decree re­quires the company to train its managers with respect to the ADA's requirements and to report complaints of disability discrimination to the EEOC.

According to company information, Flying Star Transport has terminals in Texas and New Mexico. The company drivers transport gasoline, diesel, propane, butane and other fuels.

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 04/26/2017

Illinois-Based IDEX Corporation to Pay $380,000 to Settle EEOC Disability Discrimination Lawsuit

Illinois-Based Global Company Fired Regional Manager in Florida Because of His Cancer, Federal Agency Charged

IDEX Corporation, a Lake Forest, Ill.- based manufacturer and supplier of fluidics systems with locations nationwide, will pay $380,000 and furnish significant relief to resolve a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.

According to the EEOC's lawsuit, an IDEX regional manager based in Miami who had successfully performed his job was diagnosed with cancer in 2010. The manager continued to perform his job well, even while undergoing treatment, the EEOC said. During the period of his treatment, however, supervisors repeatedly asked the manager invasive questions about his illness and questioned his ability to perform job tasks. On Dec. 8, 2011, IDEX fired the regional manager because of his disability, the EEOC said.

Disability discrimination violates the Americans with Disabilities Act (ADA). The EEOC filed suit against IDEX in U.S. District Court for the Southern District of Florida, Miami Division (EEOC v. IDEX Corporation, Case No. 1:15-cv-22777-DPG/TURNOFF (S.D. Fla.)) after first attempting to reach a pre-litigation settlement though its conciliation process.

In addition to the $380,000 in monetary relief to the terminated employee, the two-year consent decree resolving the suit also requires IDEX to create a disability discrimination policy to be used with IDEX's U.S.-based employees. The company is also required to train all U.S.-based human resources managers on the ADA's prohibition against disability discrimination and the rights and responsibilities of managers and employees under the ADA, as well as IDEX's new policy. The HR managers will, in turn, train all U.S.-based managers on these matters. IDEX also will address questions managers may have about the company's new policy and review hypothetical accommodation request scenarios with managers. IDEX must post and distribute notices concerning the decree through email, its company website, and at locations nationwide.

Also, IDEX must make periodic reports to the EEOC, including reports on employees who are involuntarily separated from IDEX during the decree's duration, and who requested and/or received a medical or health-related accommodation, including ADA accommodations, within the six months prior to that employee's involuntarily separation from IDEX.

"The conduct in this case is a shocking reminder of why the Americans With Disabilities Act is such a critical law," said EEOC Miami District Director Michael Farrell. "Situations like this demonstrate why the EEOC's law enforcement responsibilities are so important in today's workplace."

EEOC Miami District Office Regional Attorney Robert Weisberg added, "The ADA was intended to eradicate the mistreatment of employees with disabilities based on misconceptions about their ability to perform their jobs."

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 04/19/2017

National Call-In Day TODAY April 26, 2017 - TELL CONGRESS TO FUND & PROTECT AFFORDABLE HOUSING

Take Action! Join Today's National Call-In Day

Tell your members of Congress to pass final spending bills for FY 2017 before the Friday, April 28 deadline and to protect affordable housing investments. 

NLIHC and the Campaign for Housing and Community Development Funding are holding a national call-in day TODAY to urge members of Congress to pass final spending bills for fiscal year 2017 before the Friday, April 28 deadline and to protect affordable housing investments. Unless Congress extends the deadline or passes full spending bills, the federal government will shut down and vital investments in affordable housing and community development will be put at risk.

Call the congressional switchboard toll free at 202-224-3121 or click below.

 Call Congress! 

Sample Script:

Please work with your colleagues to pass a final spending bill for fiscal year 2017 that protects affordable housing investments at HUD and USDA. These resources keep roofs over the heads of low income families, seniors, people with disabilities, and other vulnerable people. Funding affordable housing is a smart investment because such housing leads to better health and education outcomes and boosts economic mobility and the local economy. Our communities are stronger because of HUD and USDA. Please do not put these resources at risk by failing to pass full-year spending bills by the April 28 deadline.

 Call Congress! 

The National Low Income Housing Coalition is dedicated solely to achieving socially just public policy that assures people with the lowest incomes in the United States have affordable and decent homes. Learn more »

Ability Chicago Info is a proud member & supporter of the National Low Income Housing Coalition

and Housing Action Illinois.

Webinar May 1st: Risk of major ADA Amendments Soon “ADA Education and Reform Act of 2017”

H.R. 620 and similar ADA notification bills are gaining more steam in Congress than ever before. If any passes, it will have a devastating impact on the ADA by denying people with disabilities the power to enforce some of its requirements. 

DREDF and other disability rights advocates are working—and need others to join them!—to counter the business lobby, which wants to make it much more difficult to attain accessibility when businesses such as stores, restaurants, hotels, etc. disregard their ADA responsibilities. 

What would H.R. 620 (ADA Education and Reform Act of 2017) do?

• Remove any incentive for voluntary compliance.
• Require a person with a disability who encounters an access barrier to send a letter detailing the exact ADA provisions that are being violated.
• Reward non-compliance by allowing businesses generous additional timelines, even though the ADA's reasonable requirements are already over 25 years old!
• Perpetuate the myth that the ADA benefits unscrupulous lawyers rather than the truth: that the ADA is the most important civil rights law for people with disabilities.
• Ignores the extensive, free educational resources already available today to any business on how to comply with the law.

Join us for this webinar to learn more about what is happening with this quickly-moving bill, and how you and others can get involved.

WHEN: Monday, May 1, 2017

TIME: 2:00 PM Eastern Time Zone

REGISTER: HERE

Speaker:

Marilyn Golden

Jennifer Mathis

SOURCE: ADA National Network

IRS Imposter Scams: How to File a Complaint

You get a call from someone who says she’s from the IRS. She says that you owe back taxes. She threatens to sue you, arrest or deport you, or revoke your license if you don’t pay right away. She tells you to put money on a prepaid debit card and give her the card numbers. The caller may know part of your Social Security number. And your caller ID might show a Washington, DC area code. But is it really the IRS calling?

No. The real IRS won’t ask you to pay with prepaid debit cards or wire transfers. They also won’t ask for a credit card over the phone. And when the IRS first contacts you about unpaid taxes, they do it by mail, not by phone. And caller IDs can be faked.

Here’s what you can do:

1. Stop. Don’t wire money or pay with a prepaid debit card. Once you send it, the money is gone. If you have tax questions, go to irs.gov or call the IRS at 800-829-1040.
2. Pass this information on to a friend. You may not have gotten one of these calls, but the chances are you know someone who has.

Please Report Scams

If you spot a scam, please report it to the Federal Trade Commission (FTC). Report a scam online or call the FTC at 1-877-FTC-HELP (1-877-382-4357) or TTY 1-866-653-4261. Your complaint can help protect other people. By filing a complaint, you can help the FTC’s investigators identify the imposters and stop them before they can get someone’s hard-earned money. It really makes a difference.

SOURCE: USA.gov

Webinar for People with Disabilities, May 11th: Clear & Effective Emergency Communications over Wireless Devices

During an emergency, alert and warning officials need to provide the public with life-saving emergency messages that inform those in the impacted area and compel them to take protective actions. Emergency information is not always presented in formats accessible to people with different levels of sensory, cognitive and physical disabilities. Likewise, the devices on which they receive emergency information are not always optimized for use with emergency information tools such as wireless emergency alerts (WEA), subscription-based alerting systems, or local and state apps (e.g. Ready Georgia). This webinar will address composing message content and delivery format features that can enhance the accessibility of the information to people with disabilities. We will also cover smartphone features that can improve the accessibility of emergency messages. The webinar will close with a description and demonstration of an accessible system, Deaf Link's Accessible Hazard Alert System (AHAS).

The next webinar will occur on May 11th, 2017.
Webinars begin at 2.30pm ET/1.30pm CT/12.30 pm MT/11.30am PT/8.30am Hawaii.

Registration: Free on-line at http://www.adapresentations.org/registration.php
Registration closes at midnight, May 10th, 2017

Learning objectives:

• Learn about the use of wireless emergency communications tools by people with disabilities, as well as their expressed needs and preferences.
• Understand the emergency message content tips that improve accessibility, trust, and reliability of emergency information.
• Understand the "How-to's" for subscribing and enabling accessible emergency alerts on Android and iOS devices for people with disabilities.
• Understand the recommendations for trustworthy apps, internet resources, and social media feeds related to accessible emergency alerts
• Expanded understanding of how to effectively alert members of the Deaf community.

Presenters:

Kay Chiodo is a certified ASL interpreter and subject matter expert in accessible communications. She has testified before the FCC and Congress regarding the need for accessible emergency information. She is the CEO of Deaf Link, Inc. a company that leads the nation in the development and implementation of services to support inclusion for people with sensory disabilities in emergency preparedness before, during and after a disaster. In 2005, Deaf Link's Accessible Hazard Alert System (AHAS) sent the nation's first accessible alert (ASL, Voice, Text, Braille accessible) to residents in Houston for Hurricane Rita. Ms. Chiodo has received national recognition and awards for Deaf Link's services including the 2008 COMPUTERWORLD - 21st Century Achievement Award and the 2009 Cleve Allen Award for outstanding support of Emergency Management in the delivery of accessible emergency information and alerts.

Salimah LaForce is a research analyst at the Center for Advanced Communications Policy, the home of the Rehabilitation Engineering Research Center for Wireless Inclusive Technologies (Wireless RERC). She conducts consumer, policy and industry research and serves as project director for the Wireless RERC policy and outreach initiatives. Salimah is editor of the monthly policy newsletter, Technology and Disability Policy Highlights, for more than ten years; and has co-authored more than 65 conference papers, presentations, reports, and federal regulatory filings.

Ben Lippincott is task leader for the Wireless RERC's outreach to consumers with disabilities. Ben has been leading user outreach and working closely to promote industry relations for over 12 years. He is co-editor of the Wireless RERC consumer website and editor of the Re: Wireless electronic newsletter. Ben has been the lead for a nationwide roll-out of a series of consumer education workshops that highlight the accessibility features of smartphones. The workshops are called Wireless Independence Now (WIN) and are produced in collaboration with AT&T.

These 90 minute webinars are delivered using the Blackboard Collaborate webinar platform. Collaborate downloads files to your device in order to run. We recommend that you prepare your technology prior to the start of the session. You may need the assistance of your IT Staff if firewalls prevent you from downloading files.

To view upcoming sessions, go to http://www.adapresentations.org/schedule.php
To see previous sessions, go to http://www.adapresentations.org/archive.php

The information presented in this webinar is intended solely as informal guidance, and is neither a determination of legal rights or responsibilities by NIDILRR or FEMA.

SOURCE: Pacific ADA Center

Former Police Officer Charged With Raping Woman with Mental Disability

Thomas K. Jackson | LaPorte County Sheriff's Dept.

A 51-year-old former police officer has been charged with raping a woman whose mental capacities were too diminished for her to consent to sexual activity, according to police in northwest Indiana.

Chicago Sun-Times article by Jeff Mayes | April 25, 2017    

Thomas K. Jackson of Trail Creek has been charged with four counts of rape, according to the LaPorte County sheriff’s and prosecutor’s offices.

In March, the Michigan City police chief asked the sheriff’s office to investigate Jackson, a Michigan City police officer.

The request followed accusations of “inappropriate sexual contact between Jackson and the adult daughter of a LaPorte County woman who was reported to have such diminished mental capabilities that she could not consent to such activity,” a statement from the sheriff’s office said.

Jackson resigned from the police department on March 14. On Monday, the sheriff’s office and prosecutors presented evidence to a judge, who issued a criminal arrest warrant for Jackson, police said.

At about 7:35 a.m. Tuesday, Jackson was spotted at a convenience store near Trail Creek (just east of Michigan City) and was taken into custody without incident by sheriff’s detective and the Michigan City Fugitive Apprehension Street Team, according to police.

He was taken to the LaPorte County Jail on the $25,000 cash only bond specified in the warrant.

http://chicago.suntimes.com/news/former-cop-charged-with-raping-woman-with-mental-disability/

Albany International Airport Introduces a New Scheme To Smooth the Process of Travelling With Children With Autism

Quiet rooms for autistic children popping up at airports 

Article from Gemma Cairns for Ability Chicago Info | April 24, 2017

Following the news earlier this month that Shannon airport, in Ireland, has unveiled a quiet room within their main terminal for children on the autistic spectrum, in order make their travelling experience more comfortable Albany International Airport, in New York State, have unveiled their own scheme to ease the experience as much as possible.  

At the launch of the scheme, 12 children on the autistic spectrum visited the airport where their were issued with dummy tickets, proceeded through the security checking area, reported to a gate where they discussed the boarding and de-boarding process with experienced members of staff, and then returned to the terminal so that they could experience the baggage claim process and explore the various ground transportation options available at the airport. The idea of the scheme is that children with autism, and their families, can familiarize themselves with the processes involved in air travel and determine whether it is an experience that would be right for them without having to purchase an expensive airline ticket only to find that their child experiences a sensory overload and does not feel able to board the plane. When discussing the program, Albany County Sherif Craig Apple said that:  "Many families aren't sure if air travel is a possibility for them if they have a child with Autism. By participating in this event, they can safely simulate everything just as if they were traveling." The program was introduced as part of National Autism Awareness Month, and is the first time that a program of this kind has been offered in a New York State airport.  

Easing the Challenges of Travel  

At the time of year when many people will traditionally begin to plan and book their summer vacation, it is a positive move forwards that the needs of individuals with often invisible disabilities are being considered. Travelling when you have autism, or when you are travelling with a child who has autism, can be a very challenging experience. Airports are incredibly stimulating environments that could well lead to sensory overload, and some children will struggle to be confined in a new environment for the extended amount of time required. Added to this, parents also need to consider the expense involved in travelling with children who have additional needs: increased medical and travel insurance costs, for example, as well as the additional expense of paying for private quiet lounges at the airport (so that the children have a calm and safe place to rest) and potential upgrade costs of both travel and accomodation, in order to ensure it is as relaxing an environment as possible. Prior preparation, such as the scheme being introduced by Albany International Airport, can certainly be beneficial to some children, but there is also additional airline specific support to look out for that can make the process a little easier. Some airlines, for example United and JetBlue to name just two, allow passengers with additional needs, including those on the autistic spectrum, to board the plane first which is a great support as those children can be guided to their seats and settled whilst the plane is at its quietest. Many airlines also provide information about travelling with children with autism on their websites, and will try to accommodate any additional requests to make your journey run as smoothly as possible, provided you make those requests in advance of arriving at the airport. 

Every child is different (regardless of whether they are on the autistic spectrum or not) and whilst some children may love air travel, some may find it palatable, and many more will not be able to tolerate the experience at all. This is why schemes such as the one introduced at Albany International Airport at so valuable: they enable the experience of travel to be something that can be tested and explored in as relaxing an environment as possible. Repetition often makes tasks much easier to understand and complete, and could be the difference between an enjoyable far flung family vacation and not being able to get on the plane at all. Travel in enriching for everyone, and there are so many benefits to be reaped from broadening your horizons and heading out the see the world. Life on the autistic spectrum should certainly not stop anyone from experiencing air travel if this is something they want to experience. 

North Carolina Universities Lacking Opportunities for Athletes with Disabilities

Logan Gin, a wheelchair basketball player, checks out the court at the Smith Center at UNC. A wheelchair basketball tournament is taking place on Sunday at Woollen Gym in Chapel Hill. Photo courtesy of Backbone NC

Read more here: http://www.newsobserver.com/opinion/op-ed/article146198749.html#storylink=cpy

Logan Gin ran for Mr. UNC back in November with one thing in mind. A sentiment so plain it almost sounds too obvious: We all can play.

Article by BLAKE DODGE for the News & Observer | April 22, 2017              
It’s the kind of thing you don’t realize if you’re “able-bodied.” When you took to the field as a 7-year-old, uniform half-tucked in and laces already undone; when you cleared the hurdle, made the crucial tackle, set the record straight – that glorious scene, wherever it was, probably didn’t include students with disabilities.

According to the U.S. Department of Health and Human Services, remaining physically active leads to better emotional and physical health for individuals with physical disabilities, including better self-perception and lower levels of pain and depression. If you’ve done sports, you already know this.

Wheelchair basketball, a sort of staple of adapted athletics, is already a scholarship sport at several universities including Alabama, Illinois, the University of Texas-Arlington, Missouri and the University of Wisconsin-Whitewater. In fact, the Alabama Board of Trustees recently approved $10 million in funding to build a world-class facility specifically for athletes competing in adapted sports.

But North Carolina universities offer a pretty dismal alternative: nothing. Duke, UNC, and N.C. State lack both competitive and recreational adapted athletics programs. Sure, many schools, including UNC and ECU, have held wheelchair basketball exhibitions, but before now, there’s been no push for ongoing, institutionalized athletic opportunities for students with disabilities. As a result, North Carolina misses out on talented student-athletes.

Charlotte Rollin’ Hornets promo photo

The Charlotte Rollin’ Hornets programs sends more than a half-dozen players to Alabama and Texas on scholarship every year, many of whom would undoubtedly love to stay home and compete for a North Carolina university.

Locally, we have the Triangle Thunder, which recently competed in the National Wheelchair Basketball Tournament and ranks consistently in the top 10 in Division 3 rankings. Durham is home to Bridge II sports, which offers a full range of sports to accommodate multiple disabilities. North Carolina is even home to Stephanie Wheeler, coach of the Illinois women’s wheelchair basketball team, and two-time gold medalist herself in the Rio 2016 Paralympic games.

North Carolina universities need to get on board. UNC-Chapel Hill in particular markets itself as a university riff with icons: the buildings themselves, some of them hundreds of years old, the Old Well, framed carefully by white oaks, azaleas and the hand of God, and – of course – sports, to the tune of 43 team national championships. Each is “characteristically Chapel Hill.” Each is engrained into the aesthetic, if not the entire student experience.

Well, these icons exclude a sizable proportion of the student body. Certain buildings at UNC-CH, including Smith on North Campus, aren’t accessible at all.

For lack of a ramp, Logan once had to leave his scooter at a bike rack in order to meet a professor in the attic of the building. The Old Well, ironically, is less accessible than the eighth floor of Davis Library. And adapted sports simply doesn’t exist – not through campus recreation, not through club sports, not at all.

Logan, in partnership with Joe Nail, whose older sister has a developmental disability, has thrown a much needed wrench into the equation.

Carolina Adapted Athletics provides consistent, competitive athletic opportunities for students with physical and developmental disabilities. It provides a space where “We all can play” is actually true – where at least one of UNC’s “icons” is accessible to every student and the rest, Logan suggests, may fall under appropriate scrutiny.

Carolina Adapted Athletics hosts its first wheelchair basketball showcase, on Sunday in Woollen Gym from 2 to 5 p.m.

UNC students can sign up using this link, and everyone is welcome to attend or follow the event @CarolinaAdapted.

BackBone NC recently conducted a photo series on Logan Gin and issues related to accessibility.

Blake Dodge of Beaufort is a philosophy and English major at UNC-Chapel Hill.

http://www.newsobserver.com/opinion/op-ed/article146198749.html          

Read more here: http://www.newsobserver.com/opinion/op-ed/article146198749.html#storylink=cpy