2016 Annual Report on Disability-Related Air Travel Complaints

The Air Carrier Access Act (ACAA), 49 U.S.C. 41705, prohibits discriminatory treatment of persons with disabilities in air transportation. The Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR-21; Public Law 106-181) requires, among other things, that the Secretary of Transportation “regularly review all complaints received by air carriers alleging discrimination on the basis of disability” and “report annually to Congress on the results of such review.” 

These annual reports to Congress, which cover disability-related complaints that U.S. and foreign passenger air carriers operating to, from, and within the U.S. received during the calendar year, as reported to the U.S. Department of Transportation (Department or DOT) by those carriers.

• 2016 Report on Complaints Received By Airlines in 2015

SOURCE: U.S. Dept. of Transportation post

U.S. Access Board Webinar March 2: Medical Diagnostic Equipment Final Rule

The next webinar in the U.S. Access Board's free monthly series will take place March 2, 2017 from 2:30 – 4:00 (ET) and cover new standards the Access Board recently issued for medical diagnostic equipment. Presenters will review requirements of the standards which address transfer surfaces and supports, armrests, compatibility with lift devices, and other access features. Attendees can submit questions in advance or during the webinar. 

Visit www.accessibilityonline.org for more information or to register. Webinar attendees can earn continuing education credits (CEUs). Archived copies of previous Board webinars are available on the site. The webinar series is made available in cooperation with the ADA National Network.

SOURCE: Press Release U.S. Access Board

Victory in Illinois After Two Days of Protests Delay Controversial Vote on Disability Services

Springfield and Chicago protests raise alarm about unfair overtime policy that undercuts independence for seniors and people with disabilities, as activists mount wider challenge to governor’s harsh austerity agenda at annual State of State address.

CHICAGO–February 15, 2017. Two days of protests against Gov. Bryce Rauner’s austerity policies have forced a delay on a controversial vote on proposed limits to overtime for home services workers — a critical victory for people with disabilities and other Illinois residents who depend on home care to live independent lives with dignity.

On Valentine’s Day, dozens of people with disabilities, their caregivers and union allies hand-delivered valentines to Rauner in downtown Chicago with a simple message: Have a heart! Drop harmful overtime rules and negotiate a FAIR budget that supports human services and the workers who provide them.

Tuesday’s and Wednesday’s efforts were coordinated by the Alliance for Community Services, a broad coalition of Illinois residents and their caregivers, community groups and public service unions, united to put the “human” back in human services, stop privatization and threats to Medicaid and other public services, and promote accountable, accessible services that Illinois can be proud of.

Alliance member and ADAPT co-chair Susan Aarup participated in both days’ actions — and cheered the delay in a vote on harsh new overtime rules. Aarup is one of tens of thousands of Illinois residents who rely on caregivers to allow her to work, pay taxes, go to school, live independently and play an active role in her community. “Governor Rauner’s heartless policies could destroy the ability of my caregivers to work with me,” she said from her wheelchair Wednesday in the State capital. “My caregivers make it possible for me to go to school, to hold down a job, to live independently with dignity and to be a valuable member of society. But Rauner’s outrageous overtime rules could literally get my caregivers fired — and force me into a nursing home at a much higher cost to Illinois taxpayers like me. Today’s delayed vote is a positive development — but we won’t stop until this scheme and others like it are shut down permanently.”

Rauner’s proposed new overtime rules for personal assistants, the caregivers who provide daily assistance to people like Susan, have particularly outraged people with disabilities and others who rely on them. Rauner’s overtime scheme would see PAs banned from caring for clients if they accrue more than three ‘unauthorized’ instances of overtime — essentially forcing these low-wage workers to work for free when their clients need extra help.

Aarup and her allies condemned Rauner’s privatization agenda, his push to close public service offices, his strategy of engendering “assembly-line” bureaucracies and his attacks on caregivers and other low-wage frontline workers — all policies that Alliance members charge increasingly threaten services at a time when Illinois residents from low-income families to the elderly need them most.

Rauner’s policies have locked out growing numbers of the state’s neediest residents from programs at a time when their families and communities can least afford barriers to service — while state service workers struggle with growing caseloads and community-based care-givers have wages and benefits that leave them squarely in the economic ranks of their impoverished clients.

Alliance members and their allies are calling on Rauner to:

• Drop his harmful overtime policy that threatens people with disabilities and penalizes workers for putting in the hours that their patients need.
• Negotiate, don’t dictate — keep public services offices open and serving human needs by returning to the bargining table
• Support a FAIR budget where big banks and billionaires pay their fair share, and fully and fairly funds vital human needs that include health care, paratransit/public transit, affordable housing, $15/hr for service workers and properly accessible public aid offices.
• Close corporate loopholes that benefit the 1% at the expense of the rest of us.
• End the outsourcing of Medicaid public services to greedy private contractors.
• Save and improve Medicaid and Medicare, which serves hundreds of thousands of middle and working class Illinois seniors, children and families.
• Explore options like a Lasalle Street tax, which is dominated by the nation’s wealthy elites — and where the nation’s richest 20% own more than 90% of stock traded.

Members of the Alliance for Community Services include the elderly, low-income families, people with disabilities, frontline caregivers and service workers, and public sector workers. Participating organizations in Tuesday’s action included ADAPT, Northside Action for Justice, AFSCME Local 2806, AFSCME Local 2858, AFSCME Local 3506, IMPRUVE, STOP: Southside Together Organizing for Power, SEIU-Health Care, Northern Illinois Jobs with Justice, Democratic Socialists of America, Chicago Jobs with Justice, and the Movement for the 99%.

Source: Alliance for Community Services

U.S. Dept of Education Issue Resource Guide for Parents and Educators on Civil Rights of Students with Disabilities

The U.S. Department of Education has issued a resource guide for parents and educators on how requirements of section 504 of the Rehabilitation Act apply to public education. The 47-page document, "Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools," reviews section 504 requirements, describes responsibilities school districts have under the law, and outlines steps parents can take to make sure their children receive the services that they are entitled to. Under section 504, students with disabilities in public elementary and secondary schools must be provided regular or special education and related aids and services to meet individual educational needs. The guide also covers available services and complaint processes and discusses requirements of the ADA and the Individuals with Disabilities Education Act.

Visit the Education Department's website for further information.

DOJ Proposes Updates to its Section 504 Regulations; Comment Period Till March 20, 2017

The U.S. Department of Justice (DOJ) has issued for public comment a proposed rule updating its regulations implementing section 504 of the Rehabilitation Act of 1973. Section 504 prohibits discrimination based on disability in programs and activities that are conducted or funded by Federal agencies. Each Federal agency is responsible for ensuring that the programs and activities it funds are accessible as required by Section 504.

The proposed update incorporates amendments made to the Rehabilitation Act as well as several Supreme Court decisions interpreting section 504 requirements. In addition, revisions are proposed to promote consistency with DOJ's ADA regulations and to update accessibility standards for new and altered facilities by applying standards implemented under the ADA. The rule also includes various organizational and editorial changes to make the regulation clearer and easier to follow.

Further information, including instructions on submitting comments, is available on DOJ's website. Comments are due March 20, 2017.

 SOURCE: Notices of Proposed Rulemaking

Health Care Town Hall Meeting in Chicago Feb. 17th - Disabled, Advocates on Proposed Medicaid Cuts

Access Living's Health Care Team is hosting a Town Hall to raise awareness about Federal Legislation that would wipe out Medicaid as we now know it and offer less money to states to use Medicaid Services.

WHEN: February 17, 2017 from 1:00 to 4:00

WHERE: Access Living at 115 W. Chicago Ave.
Chicago, IL

WHO: You are invited and we welcome guests

WHY: Only action by people with disabilities and our
allies is likely to prevent the severe cuts
proposed to Medicaid

WHAT ELSE: We will have policy experts explain the threat, we will have consumers tell their Medicaid stories and we will have an update on regulations making it easier to get tires and batteries for wheelchairs.

ACCESS LIVING is wheelchair accessible. We will have a sign language interpreter. Please refrain from scented personal care products. We will have PA services. SNACKS will be served. For more information contact Tom Wilson @ 312.640.2125 or tomas@accesliving.org

Here is a link to an online listing of the Town Hall. Click Here

#SOURCE: Press Release
 Access Living of Metro Chicago (Center for Independent Living)

Illinois Gov. Rauner ‘Have a Heart, Support Vital Services’ Valentine’s Day Message from Disabled Caregivers, Clients to Rally Feb. 14th

On eve of Rauner’s budget address, and the vote on controversial overtime rule, people with disabilities, home caregivers and union members to call on governor to end policies that threaten thousands of Illinois residents and the workers on whom they rely.

CHICAGO—February 9, 2017.  Thousands of people with disabilities in Illinois live vibrant independent lives as workers, students, parents and participants in their communities — because they have the support and assistance of caregivers. But those workers and the clients they serve are now threatened by heartless new work rules being pushed by Illinois’ governor as part of a broad campaign to undercut labor rights — including for these low-wage workers. Caregivers are fighting back with the clients whose independence is grounded in their work — and they’re joining union workers, public employees and allies to send that message to Rauner on the eve of his annual budget address.

This Valentine’s Day, they’ll gather to deliver valentines to Rauner with one clear message: Have a heart, Governor, and safeguard the rights of caregivers, public workers, union members and the Illinois residents who rely on their services. Participants will gather at 11 a.m. on Valentine’s Day, February 14, at the Thompson Center — the local administrative seat for the State of Illinois — in the public square outside the main doors at Clark and Randolph, for a press conference and picket before delivering their valentines to the governor’s office.

Among the issues participants are challenging are Rauner’s proposed new overtime rules for PAs or personal assistants, caregivers who make it possible for people with disabilities to live independently instead of inside institutions like nursing homes — and who could be fired for working overtime for their disabled clients. Speakers will talk about the dire consequences of Rauner’s heartless attacks on people with disabilities and other recipients of public servants, the critical need for home services and fair overtime rules, Rauner’s broad effort to undermine public services throughout Illinois, and his agenda to break the back of workers’ rights and public unions across the state.

Many of Tuesday’s participants will also be traveling to Springfield the following day for Rauner’s third annual budget address, where they’ll raise concerns with their legislators over the harm Rauner’s ‘turn-around’ agenda causes for Illinois residents — from low-income working parents to people with disabilities — who rely on public services and the workers who provide them.

Tuesday’s action is sponsored by the Alliance for Community Services and its members: low income families, people with disabilities, front-line workers, unions and community residents, fighting to put human need before corporate greed.

Source: Alliance for Community Services

Justice Dept Reaches Agreement with City of Philadelphia to Resolve Disability Discrimination Complaint

Feb. 6, 2017 - The Justice Department filed a proposed consent decree today to resolve a complaint that the city of Philadelphia discriminated against an employee with a disability when it terminated the employee rather than reassign him to a vacant position for which he was qualified, in violation of the Americans with Disabilities Act (ADA).

According to the department’s complaint, the employee, who worked for the city as a sanitation worker, was terminated from his position after he had a heart attack and his doctor placed him under a 20-pound lifting restriction, which prevented him from continuing as a sanitation worker.  Although the employee made several requests for reassignment and the city had numerous vacant positions, the city failed to consider the employee for reassignment to a different position for which he was qualified.  Instead, the city terminated the employee because of his disability.    

The proposed consent decree, which is subject to approval by the U.S. District Court for the Eastern District of Pennsylvania, requires the city’s streets department to revise its policies to ensure that reassignment is considered as a reasonable accommodation for employees with disabilities, train relevant employees on the ADA and report to the Justice Department on implementation of the decree.  The city will also offer to reinstate and reassign the employee to an open position for which he is qualified and will pay the employee a total of $90,000 for back pay, accrued interest and compensatory damages.  This matter was based on a referral from the Equal Employment Opportunity Commission’s Philadelphia Area Office, which completed the initial investigation of the facts. 

“Firing an employee because of a disability in these circumstances constitutes discrimination and violates the ADA,” said Acting Assistant Attorney General Tom Wheeler of the Justice Department’s Civil Rights Division.  “Just because an employee’s disability prevents them from working in one position does not disqualify them from working successfully in a different position.  We commend the city of Philadelphia for agreeing to revise its policies and offering to reinstate the former employee.”  

For more information on the Civil Rights Division, please visit www.justice.gov/crt.  For more information on the Civil Rights Division’s Disability Rights Section, please call the department’s toll-free ADA Information Line at 800-514-0301 (TDD 800-514-0383) or visit www.ada.gov.

City of Philadelphia Consent Decree

SOURCE: Press Release DOJ

EEOC Sues Pioneer Health Services for Disability Discrimination and Retaliation of A Disabled Employee

Mississippi Health Care Company Failed to Accommodate and Fired Disabled Employee, Federal Agency Charges

JACKSON, Miss. - Pioneer Health Services, Inc., a Mississippi company focused on rural health care, unlawfully discriminated against a social worker/therapist because of her disability when it refused to provide her with a reasonable accommodation, fired her and then retaliated against her by refusing to re-hire her after she complained, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today.

According to the EEOC's suit, in July 2012, Joyce Dumas became ill and was hospitalized as a result of liver failure. During that same month, she sought, and Pioneer approved, her request for leave to cover her absence while she underwent a liver transplant. Dumas had a successful liver transplant on Aug. 2, and was slated to return to work in mid-September 2012. However, prior to her anticipated return date, Dumas requested an additional four weeks of leave to allow for her recovery from post-operative complications. Despite Dumas having more than four weeks of available sick leave, Pioneer denied the request and subsequently fired her after her company-approved leave was exhausted, according to the suit. Further, Pioneer refused to re-hire Dumas for an available social worker position after receiving notice that Dumas had filed a discrimination charge.

The Americans with Disabilities Act (ADA) protects employees and applicants from discrimination because of their disabilities. The EEOC filed suit (EEOC v. Pioneer Health Services, Inc., Case No. 1:17-cv-00016-GHD-DAS) in U.S. District Court for the Northern District of Mississippi after an investigation was completed by the EEOC's Jackson Area Office and after the agency first attempted to reach a pre-litigation settlement through its conciliation process. The suit seeks monetary damages, including back pay, compensatory and punitive damages, and injunctive relief.

"The ADA and Family and Medical Leave Act operate independently of each other," said EEOC District Director Delner Franklin-Thomas. "Where an employee has exhausted her FMLA leave and she requests additional leave, the employer must engage in the interactive process to determine whether additional leave under the ADA is warranted."

EEOC Regional Attorney Marsha Rucker added, "The EEOC will continue to scrutinize instances where an employer terminates its employee with a disability immediately upon expiration of that employee's medical leave. Often such employees can be reasonably accommodated with a short extension of leave that allows them to return to work."

Pioneer Health is a Mississippi corporation that provides inpatient and outpatient health care services to citizens in the communities of Aberdeen, Magee, Forest, Madison, Byram and Flowood, Miss.

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 on Feb. 3, 2017

Pres. Trump's Executive Order Discriminates Against Immigrants with Disabilities - The Arc's statement

The Arc On Leaked Draft Executive Order That Would Impact People with Disabilities Legally Residing in the US and Seeking to Legally Immigrate

Press Release on February 2, 2017 by The Arc

Washington, DC – In light of a recently leaked draft Executive Order that would impact people with intellectual and developmental disabilities (I/DD) who are legally residing in the United States as well as people with I/DD who are hoping to legally immigrate, The Arc released the following statement:

“We are facing a civil rights crisis in our nation and people with disabilities are in the crosshairs with the latest draft Executive Order being circulated in the White House. The Executive Order, if finalized and signed by the President, would discriminate against immigrants with disabilities, making it harder to legally enter or remain in the country. To deport individuals with intellectual and developmental disabilities who are in our country legally or prevent them from immigrating, goes against the values of our nation.

“At The Arc we believe people should have a fair opportunity to legally enter and reside in the United States and become a citizen, without restrictions based on disability. This includes those needing protection as refugees, asylees, and victims of human trafficking.

“Focusing on an individual’s need for support is a form of discrimination against people with disabilities we have seen before. But Congress, in the past, addressed the problem by ensuring that people with intellectual disability are provided accommodations as they try to enter our country legally, become citizens, and achieve the American dream like their peers without disabilities. Broadening the criteria for excluding or deporting immigrants based on need for support will harm people with disabilities and their families who have much to contribute to our society.

“If a family is otherwise eligible to enter or remain in our country, they shouldn’t be turned away or turned out because their child or another family member has a disability and may need to access government services to live and participate in the community.

“We urge President Trump to reject this Executive Order. We also call on Members of Congress, as they have done in the past, to stand up for people with intellectual and developmental disabilities and their families as they seek inclusion in America,” said Peter Berns, CEO of The Arc.

The Arc advocates for and serves people with intellectual and developmental disabilities (I/DD), including Down syndrome, autism, Fetal Alcohol Spectrum Disorders, cerebral palsy and other diagnoses. The Arc has a network of over 650 chapters across the country promoting and protecting the human rights of people with I/DD and actively supporting their full inclusion and participation in the community throughout their lifetimes and without regard to diagnosis.

# # #

Fir The Arc, visit: http://www.thearc.org/