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

Tuesday, September 20, 2016

Action Alert - Tell Congress: Fund Programs Serving People with Disabilities

Take Action!
 
Congress is making final decisions about funding federal programs.  Tell your Members of Congress to increase funding for the following programs that help empower people with disabilities to live, learn, work and play in their communities.
  • Vocational Rehabilitation State Grant Program (U.S. Department of Education)
  • Supported Employment State Grant Program (U.S. Department of Education)
  • Senior Community Service Employment Program (U.S. Department of Labor)
  • Homeless Veterans Reintegration Program (U.S. Department of Labor)
  • Head Start (U.S. Department of Health and Human Services)
  • IDEA Parts B and C (U.S. Department of Education)
  • Maternal and Early Childhood Home Visiting Program (U.S. Department of Health and Human Services)

SOURCE: EasterSeals

Dollar General Must Pay Former Employee Over $277,565 For Disability Discrimination, Jury in EEOC Suit

KNOXVILLE, Tenn. Sept. 19, 2016 -- A federal jury has found in favor of the U.S. Equal Employment Opportunity Commission (EEOC) in a federal disability discrimination lawsuit against the retail giant Dollar General, the federal agency announced today. EEOC had charged Dollar General with firing a cashier at its Maryville, Tenn., store because of her need to treat her diabetes.

According to EEOC's suit, the cashier, an insulin-dependent diabetic, told her supervisor she was a diabetic and requested on several occasions that her supervisor allow her to keep juice near the register to prevent a hypoglycemic attack. At trial, the cashier testified that her supervisor told her that Dollar General did not allow employees to keep food or drink near the register. Although Dollar General had an accommodation policy that could have allowed the cashier to keep juice near the register, the employees, including management at the Maryville store, did not know about the policy.

While alone in the store one day, the cashier drank orange juice prior to purchase, in violation of Dollar General's "grazing" policy, in response to symptoms of a hypoglycemic attack and to protect the store. As soon as the medical emergency passed, the cashier paid for the bottle of orange juice that cost $1.69 plus tax. Later, the district manager and loss prevention manager appeared in the store to address inventory shrinkage and fired the cashier after she admitted to drinking orange juice prior to purchase. The store fired the emp­loyee even though it knew she drank the orange juice because of her diabetes and that she had requested to keep juice near the register.

EEOC filed suit (Civil Action No.3:14-CV-441) in U.S. District Court for the Eastern District of Tennessee) against Dolgencorp, LLC, dba Dollar General Corporation, on Sept. 23, 2014, after first attempting to reach a pre-litigation settlement through its conciliation process. The discrimination victim joined the suit as a plaintiff in her own personal lawsuit on Dec. 18, 2014.

The jury returned a verdict on Friday afternoon for EEOC and the victim, awarding the former cashier $27,565 in back pay and $250,000 in compensatory damages.

"We are very pleased with the jury verdict," said EEOC General Counsel P. David Lopez. "It is disappointing, however, that we continue to see cases where employers fail to train their employees on basic requirements under the ADA. The Commission will continue to carry out its goal of ensuring equal opportunity in the workplace for persons with disabilities."

EEOC Regional Attorney Faye A. Williams added, "This case highlights another employer who failed to train its employees on the reasonable accommodation requirements under the ADA. Dollar General represents one of the largest variety retailers in the country. Yet it failed to ensure that its employees and management staff knew about its reasonable accommodation policy. It was as if Dollar General had no policy at all. Instead of accepting responsibility for its inaction, Dollar General argued the employee did not need an accommo­dation. We hope this jury verdict sends a message to its employers, train your employees on the reasonable accommo­dation requirements under the ADA."

Dollar General is the nation's largest small-box discount retailer. It is a convenience store offering major brands with many of its products costing a dollar or less. The company operates over 11,000 stores nationwide, and the corporate headquarters are in Goodlettsville, Tenn.

The Memphis District Office of EEOC oversees Tennessee, Arkansas, and parts of Mississippi. EEOC enforces federal laws prohibiting employment discrimination. Further information about EEOC is available on the website at www.eeoc.gov.

SOURCE: U.S. Equal Employment Opportunity Commission Press Release

Justice Dept Settles with 30 Hop Restaurant and Bar in Iowa to Resolve Americans with Disabilities Act Violations

Sept. 19, 2016 -- The Justice Department filed a proposed consent decree today with 30 Hop restaurant and bar in Coralville, Iowa, resolving claims that the establishment violated the new construction requirements of Title III of the Americans with Disabilities Act (ADA).

The ADA requires newly constructed facilities to comply with the ADA Standards for Accessible Design.  30 Hop, which opened for business in 2014, is a newly constructed multi-story restaurant and bar with a rooftop patio.  The department’s complaint alleges that 30 Hop does not provide an accessible route to the rooftop patio or lower level, has an inaccessible entrance, has no accessible dining tables and has inaccessible bathrooms.
“All newly constructed restaurants and bars must be readily accessible to and usable by individuals with disabilities,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division.  “We commend the owners of 30 Hop for cooperating with the Justice Department and for taking swift action to remedy the alleged ADA violations.”
Under the consent decree, which is subject to court approval, the owners of 30 Hop will, among other things, install an elevator between the ground floor and rooftop patio, install a platform lift between the ground floor and the lower level, provide accessible dining surfaces in each area of the restaurant and bar, provide closed risers on the staircase to the rooftop patio, increase the maneuvering clearance at the entrance door, bring the bathrooms into compliance with the ADA requirements for newly constructed facilities, pay a $17,500 civil penalty and pay $3,500 to compensate an individual with a disability who is not able to access the rooftop patio.
The agreement will last for two years.  To learn more about the ADA, call the Justice Department’s toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TDD), or visit www.ada.gov.
SOURCE: U.S. Department of Justice Press Release

Easterseals And Parents Magazine Bring The Disability Conversation To The Forefront

Championing children living with disabilities along with their caregivers and families
CHICAGO, Sept. 19, 2016 -- Everyone will face disability in their lifetime – whether personally or as a caregiver. Easterseals (formerly Easter Seals), the indispensable resource for people and families facing disability, salutesParents magazine for showcasing in its October issue the helpful lessons that parents of kids with special needs can teach allparents about raising great kids. This shift in the conversation highlights Easterseals' longstanding efforts to change the way the world views and defines disability.
"Working with Parents has given us a powerful platform to raise awareness for the 56.7 million Americans that face disability each day and emphasize how Easterseals provides exceptional services, education and advocacy for people and families facing disability," said Jennifer Bielat, senior vice president, integrated marketing at Easterseals. "We applaud Parents for its continued efforts to bring disability to the forefront, and we are so thrilled that the magazine continues to take steps to normalize disability by selecting a mom and a child who has special needs to be featured on the October issue's cover.

"Parents is grateful to Easterseals, a longtime advertising partner, for the work the organization does to help support families facing disability," said Dana Points, editor in chief of Parents. "Its resources, including its free online screening tool that helps parents track milestones and learn what to do if something's not quite right, have helped countless families."

Easterseals and Parents have been partners for a decade, as they share a common bond supporting and providing resources for parents of kids with disabilities. Easterseals' longstanding efforts to help families with special needs is mentioned in the OctoberParents Editor's Letter.

From developmental screenings to early intervention programs, Easterseals is a partner to thousands of families facing disability or delays in their child's development. For children under the age of five, Easterseals is the leading provider of early intervention services—including occupational, physical, speech and Applied Behavioral Analysis (ABA) therapies. All parents can access Easterseals' free online screening tool and other resources at Easterseals.com.

For more information on Easterseals, visit Easterseals.com or find the October issue of Parents on Texture or www.texture.com.

About Easterseals:For nearly 100 years, Easterseals has been the indispensable resource for people and families challenged by disability. Now, as America faces a broad range of new issues, we make a major, positive, life—changing difference in the lives of people and families challenged by today's disabilities. The work we do every day is redefining disability for the 21st century.

About the Meredith Parents Network:The Meredith Parents Network is a collection of parenting brands targeting millennial women – Parents, FamilyFun, Ser Padres, Parents Latina and Fit Pregnancy and Baby as well as FitPregnancy.com, Parents.com and Parenting.com – reflecting the multi-faceted experience of what it means to be a mom today. The brands reach moms through dynamic media platforms that engage them in ways they can personally relate to in the moments, places, and languages that are meaningful to them. The Meredith Parents Network reaches a combined audience of over 30 million readers, while the digital properties reach over 11 million unduplicated unique monthly visitors and have a social reach of over 5 million followers.

SOURCE: Easterseals / PRNewswire

Monday, September 19, 2016

Illinois U.S.Senate race between two physically disabled candidates - Kirk(r) vs Duckworth(d)

The race for Senate here in Illinois is contentious and potentially historic.


nice article by Katie Zezima for The Washington Post | Sept. 17, 2016

Both Republican incumbent Sen. Mark Kirk and his Democratic challenger, Rep. Tammy Duckworth, are physically disabled and often use a wheelchair. Kirk suffered a massive stroke in 2012; his left side is partially paralyzed. Duckworth lost both her legs and partial use of her right arm in 2004 after the Black Hawk helicopter she was piloting in Iraq was shot down.

“We know the next senator for Illinois is going to be in a wheelchair,” Kirk said in a recent interview, his speech slurred and a cane by his side.

It’s a long way from the era when politicians kept their disabilities a closely guarded secret. Franklin D. Roosevelt and his aides tried to minimize the public appearance of the president in a wheelchair or using braces. John F. Kennedy hid the extent of his crippling back pain.

Change started to come over the following decades, with disabled veterans including Max Cleland of Georgia and Bob Dole of Kansas winning congressional seats and the Americans With Disabilities Act passing in 1990. The U.S. Senate floor still isn’t wheelchair accessible; Rep. Jim Langevin (D-R.I.), a quadriplegic, was responsible for adding ramps to the House side and making the speaker’s rostrum handicap accessible.

Here in Illinois, the Senate race between two people with disabilities is widely seen as a landmark — and comes during the same election cycle when the Republican presidential nominee mocked a reporter with a disability.

“I think it’s just another milestone, and in any civil rights movement you sort of lift up those milestones,” said Helena Berger, president and chief executive of the American Association of People with Disabilities.

Others, including the Democratic challenger, think it’s just another race.

“I don’t think it’s really a big deal,” Duckworth said. “I just do my own thing. I get out there and I campaign.”

But in an about-face from the days of FDR, some politicians now see an advantage in talking about their disabilities, discussing them in ads, interviews and public appearances as evidence that they can overcome obstacles and lead.

Texas Gov. Greg Abbott (R), who became a paraplegic after an accident while jogging in his 20s, released an ad during his 2014 gubernatorial campaign showing him rolling his wheelchair into an empty parking garage. It was a routine he took on after his accident to rebuild his strength.

“I would roll up an eight-story parking garage, spending hours going up the ramps,” he said, as the camera showed him doing just that. “It would get harder and harder, but I wouldn’t quit.”

It’s a story Abbott now often tells in public. In another ad about traffic problems on Texas roads, Abbott says, “A guy in a wheelchair can move faster than traffic on some roads in Texas.”

During the race, opponent Wendy Davis (D) released a controversial ad attacking Abbott for opposing litigation as attorney general that was similar to a case he won after his accident.

“A tree fell on Greg Abbott,” the narrator says. “He sued and got millions. Since then, he’s spent his career working against other victims.”

Davis was lambasted for the ad and lost overwhelmingly to Abbott on Election Day.

In Illinois, both candidates have released ads focusing or touching on their disabilities. Kirk spent months in a rehabilitation facility, a time during which he said he was depressed, lying in bed watching what he called the “blue blacks” — the blue of the daytime sky and black of night.

He allowed his recovery to be filmed, spurred in part by a local politician who kept his stroke a secret. In a minute-long ad released in May, Kirk chronicled his recovery, showing footage of him in a harness, learning how to walk again, and walking up the stairs of the Willis Tower.

“As I learned to walk and climb again, I thought about Illinois families struggling to get by. I thought of our veterans and our heroic men and women serving in harm’s way. They’re the reason why I fought so hard to get back,” Kirk said in the ad, titled “Courage.” Kirk walked up the steps of the Senate on his first day back at work and said his stroke has made him a more empathetic person.

In another ad, Kirk defends his decision to reverse his endorsement of Trump, his abortion rights views and his call for a vote on the confirmation of President Obama’s Supreme Court nominee, Merrick Garland.

“Long before his stroke, Mark Kirk was independent,” a narrator says.

Kirk’s doctor released a letter Wednesday stating that the senator has made a “full cognitive recovery” and that he is quickly recuperating physically. Richard G. Fessler, of Rush University Medical Center in Chicago, wrote that Kirk has no use of his left arm or hand and has limited use of his left leg. Fessler said Kirk walks with the aid of a cane and brace and that he is not likely to regain a full range of motion on his left side.

Duckworth has long discussed the attack on her helicopter, her recovery and wounds. An ad released this cycle shows footage of her recovering at Walter Reed National Military Medical Center. Duckworth started participating in marathons after her accident, first as a member of the “Missing Parts in Action” team at Walter Reed and later on the Achilles International Freedom Team.

“It gave me courage to run for office in the first place,” Duckworth said of being shot down and recovering. “At the end of the day nothing will ever be as bad as that one day in Iraq and those months in the hospital.”

Disabilities aside, the race between Kirk and Duckworth has been typical of a hard-fought battle for a Senate seat. Kirk, who served in the Navy, has accused Duckworth of not properly caring for veterans when she was director of the Illinois Department of Veterans Affairs and later an assistant secretary at the federal VA. Duckworth has slammed Kirk for embellishing his military record and walking back his endorsement of Trump. In June, Kirk said he could no longer support Trump given his past attacks on women, Hispanics and “the disabled like me.” Each candidate has accused the other of not doing enough for Illinois residents and of being ineffective.

Kirk has criticized Duckworth for being the subject of a lawsuit alleging workplace retaliation while she oversaw the state veterans agency. A $26,000 settlement was announced in June with no finding of wrongdoing, although the plaintiffs later rejected the offer and the matter remained unresolved. Kirk also accused her of giving jobs to “happy fun boys” at the Illinois VA.

“They’re political operatives,” Kirk said. “You know, it’s always Joe and Mino or whatever, you know, overweight, too many hot dogs. Those kind of guys.”

The National Republican Senatorial Committee was criticized in March for tweeting that Duckworth has a “sad record of not standing up for our veterans.”

Duckworth pointed to Kirk having to apologize in 2010 for making inaccurate statements about his time in the Navy Reserve.

“The man has lied about his own military record. . . . I doubt that he can be trusted to tell the truth about an opponent’s military service,” Duckworth said.

In August, Duckworth called Kirk “unhinged” and said the senator “lacks the ability to control what he’s saying” after Kirk said Obama was “acting like the drug dealer in chief” after the administration said it made a $400 million cash payment to Iran in January. Duckworth said her comment had nothing to do with Kirk’s stroke but was a reflection of his record. Kirk’s campaign said it was a “cheap shot” and continued to hammer the Obama administration over its Iran policy and Duckworth for supporting the president.

Both candidates admit that campaigning, an inherently exhausting endeavor, is even tougher when disabled.

“I can’t work a reception like I used to,” he said. “Working a reception from a wheelchair is pretty tough, and I’m sure that Tammy has the same challenge.”

Duckworth said campaigning is exhausting, but so is caring for her daughter, who was born in November 2014.

She insists that her office and all of the events she attends be wheelchair accessible, not only for her but also for others who might want to attend. She gets phantom pain if she sits in what’s called a bucket — it covers her right side and the inch of leg she has left — for 10 to 14 hours at a time, a normal day for her.

“It sucks and you’re tired, but this is important to me and this is important to my community and important to my state and important to my nation,” she said. “For me to go home and feel sorry for myself and do nothing because I lost my legs . . . would spit in the face of the men who carried me out of that field in Iraq, and I’m just spending every day trying to pay back a debt that I can never pay back.”
https://www.washingtonpost.com/politics/in-illinois-a-landmark-senate-race-between-two-physically-disabled-candidates/2016/09/17/08936d2a-5fdf-11e6-9d2f-b1a3564181a1_story.html#comments

# Katie Zezima is a national political correspondent covering the 2016 presidential election. She previously served as a White House correspondent for The Washington Post.

Sunday, September 18, 2016

EEOC Sues Owners of Happy Jack’s Casino For Disability Discrimination

Federal Agency Says Owners Rejected Applicant Because She Took Prescription Drugs For Her Medical Condition
SIOUX FALLS, S.D. - M.G. Oil Company, which operates Happy Jack's Casino in Sioux Falls, South Dakota, violated federal law by refusing to hire an applicant when her drug test showed that she was taking legal prescription drugs for her disability, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed yesterday.

According to Julianne Bowman, EEOC's district director in Chicago, who managed EEOC's pre-suit administrative investigation, Kim Mullaney applied for and received an offer of employment for a position at Happy Jack's Casino. After taking a routine drug test before starting work, Mullaney was told that Happy Jack's Casino was withdrawing the job offer because the test had come back positive. Although Mullaney told Happy Jack's Casino that the test reflected prescription drugs that she took for her disability, and even though she told them that she would provide additional information if needed, Happy Jack's Casino refused to hire her.

The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability, which can include refusing to hire someone for taking lawfully prescribed drugs for a disability.

EEOC filed suit after first attempting to reach a pre-litigation settlement through its conciliation process. The case, EEOC v. MG. Oil Company d/b/a Happy Jack's Casino, Civil Action No.4:16-cv-04131, was filed in U.S. District Court for South Dakota. The government's litigation effort will be led by Trial Attorney Laurie Vasichek and supervised by EEOC Associate Regional Attorney Jean P. Kamp.
"Employers cannot refuse to hire someone simply because she takes prescription drugs," said John Hendrickson, the regional attorney for EEOC's Chicago District Office. "Ms. Mullaney would have provided Happy Jack's with all the information that it needed to assure itself that the drugs were lawfully prescribed. There is nothing happy about Happy Jack's ignoring the information before its eyes. To the contrary, it is very, very sad."
EEOC's Minneapolis Area Office is part of the Chicago District, which is responsible for handling 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.
EEOC is responsible for enforcing federal laws prohibiting employment discrimination. Further information about EEOC is available on its website at www.eeoc.gov
SOURCE: EEOC Press Release 09/15/2016

Thursday, September 15, 2016

Participate With The 2016 Presidential Candidate Questionnaire on Disability Issues

The American Association of People with Disabilities (AAPD), the National Council for Independent Living (NCIL), and the REV UP Campaign are pleased to release the 2016 Presidential Candidate Questionnaire. These questions have been sent to all of the current presidential candidates. Their responses will be shared publicly once received.


We need YOUR HELP getting all of the campaigns to respond and complete the survey. A letter including these signatures will be sent to all of the campaigns that do not respond to the survey.

TO PARTICIPATE WITH THE 2016 PRESIDENTIAL CANIDATE QUESTIONAIRE, VISIT:   https://aapd.kindful.com/register/presidential-candidate-questionnaire-2016

You can also tweet at each campaign to encourage them to complete the survey!
SOURCE: AAPD

AAPD 2017 Summer Internship Program - Apply by November 7, 2016

Since 2002, the American Association of People with Disabilities (AAPD) Summer Internship Program has developed the next generation of leaders with disabilities and offered host employers access to a talented, diverse workforce. Each summer, AAPD places college students, graduate students, law students, and recent graduates with all types of disabilities in paid 10-week summer internships in Congressional offices, federal agencies, non-profit, and for-profit organizations in the Washington, DC area. Each intern is matched with a mentor who will assist them with their career goals. AAPD provides the interns with a stipend, transportation to and from Washington, DC, and fully-accessible housing.
At the beginning of the summer, interns participate in a 1-week orientation session to learn about AAPD as well as the disability rights movement, meet the other interns, and participate in a variety of engaging workshops and events. As part of the AAPD network, interns also receive opportunities to attend events on Capitol Hill, conferences, community events, happy hours, and more.

Apply for the 2017 Summer Internship Program

The 2017 application process opened on September 1, 2016 and must be completed by 5pm ET on November 7, 2016.
Candidates for the AAPD Summer Internship Program must submit the following:
  • Applicant Information (Section 1 of the Application)
  • A resume (Section 2 of the Application)
  • Responses to the three (3) essay questions (Section 3 of the Application)
  • Contact information for three (3) references (Section 4 of the Application)
  • Two (2) letters of reference (Section 4 of the Application)
All documents must be returned to internship@aapd.com. We strongly encourage attaching all required documents in one submission with both letters of recommendation attached. Incomplete or late submissions will not be considered. We will not be able to consider any materials in excess of the stated requirements. Applicants chosen for the AAPD Washington, DC Summer Internship Program release all information contained in their application for use on the AAPD website and in public press releases, including releases to the program funders and potential employers.

Eligibility

Any college student (degree and non-degree seeking), law student, graduate student, or recent graduate who self-identifies as an individual with any type of disability is invited to apply. You will not be required to disclose your specific disability; however, your application for this program will signify that you consider yourself a person with a disability.
NOTE:  This is a program run specifically for students with disabilities by the American Association of People with Disabilities (AAPD), a national cross-disability organization.  Those selected for this program will be involved in various disability-focused activities and associated with AAPD and fellow interns with all types of disabilities throughout the program.
TO APPLY AND MORE INFORMATION FOR THE AAPD INTERNSHIP PROGRAM, VISIT:   http://www.aapd.com/summer-internship-program/

Fighting Disability Discrimination in Employment Under the ADA, Webpage for U.S. Department of Justice

The U.S. Department of Justice (DOJ) has added a new webpage to ADA.gov. The webpage, entitled Fighting Discrimination in Employment Under the ADA, highlights DOJ's work to promote equal opportunity in employment for people with disabilities. The page also provides resources on how to file a complaint of employment discrimination, the employment requirements under the ADA, and links to settlement agreements and government initiatives designed to improve employment opportunities for people with disabilities.

DOJ also posted “Breaking Down Barriers to Employment for Individuals with Disabilities”  in recognition of Disability Employment Awareness Month. The information outlines DOJ’s enforcement successes in employment lawsuits and their impact on opportunities for people with disabilities.

The information provided in this message is intended solely as informal guidance, and is neither a determination of legal rights or responsibilities under the ADA, nor is it binding on any agency with enforcement responsibilities under the ADA.
# originally posted Oct. 2015 - links updated

Wednesday, September 14, 2016

On-line Research Survey on Accessibility of Public Transportation for People with Disabilities - ADA National Network sponsored

You are being asked to participate in a on-line research study investigating the accessibility of public transportation for people with disabilities. This study is being conducted through collaboration with the ADA Participation Action Research Consortium (ADA PARC) and ADA National Network. The purpose is to improve understanding of the accessibility of public transportation and use this information to make improvements as needed at regional and national levels. The study will examine the experience of public transportation from the perspective of people with disabilities across the nation.

Completion of the 50 question online survey will take approximately 10-15 minutes of your time. Almost all of the questions are multiple choice format with some questions asking you to provide basic demographic information. All information obtained from this survey will be used to improve understanding and access to public transportation for people with disabilities.

Results from the survey will be used to influence public transportation policy for people with disabilities and hopefully bring some visibility to this very important ridership group!

TO PARTICIPATE IN THE ON-LINE RESEARCH SURVEY: CLICK HERE

U.S. Access Board Approves Updates on Information & Communication Technology (ICT) Refresh and Medical Diagnostic Equipment

collection of IT devices (laptop with section 508 and 255 on screen, tablet, cell phones, disk)
exam table
The U.S. Access Board approved updated requirements for information and communication technology (ICT) and new standards for medical diagnostic equipment at its meeting on September 14. The Board will proceed to submit both final rules to the Office of Management and Budget (OMB) for review and clearance.

The ICT rule updates standards issued under Section 508 of the Rehabilitation Act that apply to electronic and information technology procured by the federal government, including computer hardware and software, websites, multimedia such as video, phone systems, and copiers. Is also refreshes guidelines for telecommunications products and services required to be accessible under Section 255 of the Communications Act.

The other rule establishes new accessibility standards, the first of their kind, for medical diagnostic equipment, including examination tables and chairs, weight scales, radiological equipment, and mammography equipment. These standards, which are authorized by the Patient Protection and Affordable Care Act, provide technical requirements to ensure that people with disabilities can independently access and use such equipment. Further information on this rulemaking is available on the Board's website.

Each of the rules will be published on the Board's website and in the Federal Register once cleared by OMB.

SOURCE: U.S. Access Board, Sept. 14, 2016 

Disability and Inclusion in the Archdiocese of Chicago, Survey Results Available

In July of 2015 communities around the United States commemorated the 25th anniversary of the Americans with Disabilities Act (ADA). The law, signed by President George H.W. Bush in 1990, was enacted to “prohibit discrimination and guarantee that people with disabilities have the same opportunities as everyone else to participate in the mainstream of American life.” Since its passage doors have been opened to improve opportunities for employment, access, and overall quality of life for individuals living with disabilities. Actions taken by governments and private businesses have made the world more accessible, allowing greater participation for all in everyday life. Religious entities and areas of worship are exempted from the ADA, but the spirit and message of inclusion still morally applies. Twelve years prior to this historic legislation, in 1978, the National Conference of Catholic Bishops issued the Pastoral Statement of the U.S. Catholic Bishops on Persons with Disabilities in order “to promote accessibility of mind and heart, so that all persons with disabilities may be welcomed at worship and at every level of service as full members of the Body of Christ.” This statement was re-affirmed in 1988 and 1998, and continues to serve as basis for the call to create an environment where all—regardless of physical or intellectual ability—may participate fully in the Mass.

Saint John Cantius Church, Chicago
While both the Pastoral Statement and the ADA have sparked great progress, much work remains to be done—specifically with respect to ensuring full participation in Church life. Leaders of faith-based communities need to ask if places of worship are truly open for all who choose to participate. This is especially important as diversity within a place of worship creates opportunities to combine the gifts and talents of an entire congregation in order to strengthen these communities of faith. Individuals with disabilities experience a multitude of barriers to full participation within their chosen worship place. With medical advances, armed conflict, and an aging population, the number of individuals with physical and non-visible disabilities grows each day. It is imperative to create a worship environment which fosters inclusivity for individuals with disabilities in order to allow all to benefit from widespread diversity, full participation, and a meaningful relationship with God.

As part of the 2015 celebration of the ADA, the Archdiocese of Chicago partnered with Marianjoy Rehabilitation Hospital to better understand the current state of disability awareness and inclusion across places of worship in the Chicagoland area. The goals of this effort were to understand what gaps may exist, and to identify opportunities to increase access for people with disabilities who wish to access places of worship.

For my house shall be a house of prayer for all people.” (Is 56:7)

FOR THE RESULTS OF THIS VERY DETAILED REPORT, VISIT:

Monday, September 12, 2016

When American Girl says no to doll with disability, sisters Melissa,& Eva write a novel

Melissa Shang's transformation from a quiet Chester County fifth grader into a national disability advocate began with a battle over a doll.
article by Michaelle Bond for The Philadelphia Inquirer | Sept. 11, 2016
Born with Charcot-Marie-Tooth disease, a neurological disorder that causes muscular atrophy in her legs and arms, Melissa (photo) wanted to see herself in her favorite toy. Almost three years ago, when she was 10 and her sister, Eva, was 17, they started a widely shared online petition asking the maker of American Girl dolls to design one with a physical disability and feature it as Girl of the Year, with an accompanying book.

Nearly 146,000 people signed the petition. American Girl, a subsidiary of Mattel, acknowledged the sisters' request but turned it down.

So, with Eva's help, Melissa wrote her own novel, "Mia Lee Is Wheeling Through Middle School", self-published in July and available on Amazon since last month. A doll may come later, but the book, the sisters say, is more important.

"When I was growing up, I never read any books where the main character was in a wheelchair like me," said Melissa, now 13 and an eighth grader. "I wanted to change that."

Even though the Census Bureau estimates nearly one in five people in the United States have a physical or mental disability, they are underrepresented in books and other media, said Rebecca Cokley, executive director of the National Council on Disability.

"A lot of children around the country who don't feel like they fit in anywhere can feel they fit in in Mia Lee's world," she said.

Melissa and Eva (photo below) talked to a few publishers, only to find that none shared their vision for the story. "They wanted [the sisters] to make it a pity party," Cokley said. "Eva and Melissa's book provides an optimistic view of life with disabilities. A realistic view."


The sisters wanted to show that girls with disabilities care about and encounter the same issues as other girls, and that having a disability is a natural part of life, Eva, 20, said.

So they published the book themselves.

To pay for it, they again turned to the power of people coming together online. Their supporters did not disappoint. Contributors to their Kickstarter campaign tripled the sisters' goal, giving more than $6,300 in January and February 2015. At that point, they started writing. They finished last September.

Mia Lee Is Wheeling Through Middle School is the story of a sixth-grade girl who is a stop-motion filmmaker and is campaigning to be the president of her school's Video Production Club. When her posters keep disappearing, she and her friends set out to prove her opponent is stealing them.

Mia uses a wheelchair and has an aid at school to help her, but, Melissa pointed out, "she doesn't let her disability define her."

Melissa, who also enjoys making stop-motion films, based the character on herself, although she says her life "isn't as exciting."

The sisters' agent, Clelia Gore of Martin Literary Management, called them "very impressive young women who have a shared interest in being advocates for people with disabilities."

"I think this is just one wonderful project of many to come," she said in an email.

In the year after the sisters started their American Girl petition, they were busy advocating for people with disabilities. Melissa helped introduce Nobel Peace Prize winner Malala Yousafzai - shot in the head by the Taliban for pressing for the education of Pakistani girls - when she received the Liberty Medal in 2014.

Melissa was given a standing ovation when she spoke about living with a disability at the United Nations to mark the International Day of the Girl Child. She and her sister gave a local TEDx talk called "Why Girls With Disabilities Matter."

Cokley, of the National Council on Disability, said she wanted to see more books like Melissa and Eva's in the hands of not only children with disabilities but also those without - potentially, future employers who could benefit from learning early on about people with differences.

In early August, Cokley organized a release party in Washington for Mia Lee.

Melissa, Eva, and their parents, Sue Liu and Cheng Shang, traveled from Massachusetts, where the family moved a year ago, to attend the book launch. Among the 50 guests were advocates for the disabled as well as a group of deaf women visiting from Ghana. The HSC Foundation, a nonprofit that works to improve access to health-care services for people with disabilities, was host for the party.

Melissa said she may eventually write a sequel, based on her experiences moving to a new state and school.

"Right now," she said, "I'm just focusing on surviving eighth grade."
http://www.philly.com/philly/news/20160911_American_Girl_said_no_to_doll_with_disability__so_ex-Chesco_sisters_wrote_novel.html
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Previous Posts on Melissa and Eva Shang: CLICK HERE

Justice Dept Settles with Humboldt County, Ca. to Resolve Americans With Disabilities Act Violations

The Justice Department filed a proposed consent decree today with Humboldt County, California, resolving claims that the county violated Title II of the Americans with Disabilities Act (ADA).
from a Press Release from U.S. Department of Justice / Sept. 7, 2016
The consent decree, which is still subject to approval by the U.S. District Court for the Northern District of California, resolves the department’s complaint that the county’s facilities, programs, services and activities are inaccessible to individuals with disabilities in violation of the ADA, despite the county’s previous commitment to improve access by entering into a Project Civic Access (PCA) agreement with the United States.
“State and local governments must ensure that people with disabilities can access community services, programs and facilities without facing unlawful and discriminatory barriers,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division.  “ADA compliance is not optional and the Justice Department works tirelessly to make sure that people with disabilities can live their lives with the dignity, respect and independence they deserve.”
“This office is committed to ensuring equal access to programs, both public and private,” said U.S. Attorney Brian J. Stretch of the Northern District of California.  “The federal government will not tolerate discrimination that results when individuals are excluded from public access.”
The consent decree is a court-enforceable commitment by Humboldt County to bring its facilities, programs, services and activities into compliance with the ADA and make the county more accessible to individuals with disabilities.  Under the terms of the consent decree, the county will pay $275,000 to compensate individuals with disabilities who faced barriers to access while attempting to use county facilities and programs.  Under the decree, Humboldt County will also implement a wide range of actions to comply with the ADA, including the following:
  • bring all county facilities, programs, services and activities into compliance with the ADA within three and a half years;
  • ensure that the county website conforms to, at minimum, the Web Content Accessibility Guidelines 2.0 Level AA Success Criteria;
  • provide curb ramps at all county intersections;
  • ensure that emergency management procedures, policies and shelters are accessible to individuals with disabilities; and
  • hire an ADA coordinator, independent licensed architect, web accessibility coordinator and website accessibility consultant.
The United States has over 220 agreements with localities across the country under PCA, the department’s wide-ranging initiative to ensure that cities, towns and counties throughout the nation comply with the ADA.  Humboldt County is one of the rare public entities that did not take the remedial actions required by a PCA agreement to comply with the ADA.
To read the consent decree and complaint, please visit www.ada.gov.  For more information about the ADA, call the department’s toll-free ADA Information Line at 800-514-0301 (TDD 800-514-0383) or access the ADA website at www.ada.gov.

Friday, September 9, 2016

State of Illinois Departments Partner to Improve Care for Mentally Ill Offenders

IDOC and IDHS Partner to Improve Care for Mentally Ill Offenders

(Springfield, IL / Sept. 9, 2016) - The Illinois Department of Corrections (IDOC) and the Illinois Department of Human Services (IDHS) today announced a joint effort to enhance the delivery of services for IDOC offenders who have been diagnosed with a serious mental illness. The two state agencies entered into an Intergovernmental Agreement (IGA) on September 7th, 2016, which allows the IDOC to utilize a portion of the Elgin Mental Health Center (EMHC) as an inpatient mental health treatment facility.

The IGA satisfies a provision outlined in the Settlement Agreement reached in the Rasho v. Baldwin case, a class action lawsuit which lingered in the courts since 2007. Governor Rauner’s commitment to improving the state’s correctional system put the settlement of the case on a fast track and his administration worked with the IDOC legal team to reach a suitable agreement, avoiding costly litigation and the perpetual judicial oversight that would have resulted had the parties entered into a consent decree rather than this settlement.

The EMHC is currently a forensic hospital, serving patients who may have been found not-guilty of crimes by reason of insanity or those who were unfit to stand trial. The IDOC will transform the Jenks and Dix units at the EMHC into a secure mental health facility, where patients who have been committed to IDOC custody by the courts, will receive short-term, psychiatric care. The goal is to help stabilize seriously mentally ill offenders who are having difficulty coping in the prison environment, improve their correctional outcomes, and increase safety for all offenders, IDOC staff, and the citizens of Illinois.
“This is the most fundamental change that the state of Illinois is undertaking to try to solve a serious problem in its prison system,” said IDOC Director John Baldwin. “Prisons were not designed to be mental health facilities but we must adjust to this reality. This new inpatient treatment program will allow us to provide focused care for seriously mentally ill offenders and help them deal with daily stressors of a prison environment.”
"This is a tremendous step forward for the State of Illinois," added IDHS Secretary James Dimas. "We are committed to working with the Illinois Department of Corrections to implement a new process, expanding treatment for offenders with serious mental illness. A focus on rehabilitation will help them adjust to their current situation while providing them with the tools necessary to establish lifelong stability once they are released."

The IDOC will be responsible for staffing the units, treating the offenders, and making necessary renovations to ensure the units meet security standards and mental health regulations. Forensic patients who are currently housed at the Jenks and Dix units will be relocated.

The Rasho v Baldwin Settlement Agreement, which was approved in May of 2016, also requires the Department to boost staffing levels, update its policies, ensure mental health professionals are included in disciplinary decisions for offenders on the mental health caseload, and bring four residential treatment units online at Dixon, Pontiac, and Logan Correctional Centers, and the former Illinois Youth Center in Joliet.

SOURCE: Press Release

Public Meeting Oct. 6th: On Chicago Police Department Interactions With People With Disabilities and Deaf People / Guest - USDOJ

The U.S. Department of Justice (USDOJ) held forums across the city of Chicago to get input from the public on the conduct of the Chicago Police Department. Access Living’s young leaders group, Advance Youth Leadership Power (AYLP), organized a number of advocates to attend the hearings and share their experiences for the public record. After the forums, AYLP and Access Living were asked by the USDOJ if it would be possible to have another forum focused on the experiences of people with disabilities and Deaf people.

As a result, Access Living and AYLP would like to invite people with disabilities and Deaf people to our offices on Chicago Avenue on October 6, 2016 from 5:30 to 8 pm. The first two hours will be dedicated to testimonies on a first-come, first-served basis. The USDOJ will be present to take notes on people’s stories and be available to connect for follow-up conversations. The last half hour, for those who choose to do so, will be dedicated to small group conversations to debrief on what people share. This component will not be recorded but we offer it as a way to help people process.

We ask that those who attend share their PERSONAL stories of interactions with the Chicago Police Department. While advocates are welcome to make suggestions, the USDOJ particularly needs to hear from people who have interacted directly with the Chicago Police Department, especially if they have not already testified. If you know someone who should share their story, please support them to do so.

Public Meeting on the Chicago Police Department and Interactions with the Deaf and Disability Communities
Special Guest: U.S. Department of Justice

WHEN: October 6, 2016 from 5:30 to 8 pm

WHERE: Access Living 115 W. Chicago Ave, Chicago, IL. https://www.accessliving.org/
PH - (312) 640-2100 / tty (312) 640-2102 

Flyer for AL AYLP Town Hall with USDOJ.pdf
We would encourage you to share this information with people who do not have e-mail access. 

Successfully Transition to Adulthood Ideas For Young People with Disabilities Receiving SSI

The transition to adulthood can be challenging, especially for young people with disabilities who come from low-income families and receive Supplemental Security Income (SSI). Social Security is with you through life’s journey, helping you secure today and tomorrow. Part of that commitment is creating a path for children with disabilities that leads to rewarding lives as adults.

SOURCE: Susan Wilschke, Deputy Associate Commissioner for Research, Demonstration, and Employment SupportSocial Security Administration | Sept. 2016

More than a million children with significant disabilities receive SSI benefits. During the transition years — generally from ages 14 to 18 and beyond — young people with disabilities ideally gain the knowledge and skills they’ll need to achieve independence and self-sufficiency. They face significant challenges, as many of the resources and services available to young people with disabilities end when they leave the educational system or reach age 18 and are classified as adults. Turning 18 also triggers an important change in SSI benefits: Social Security must make a new determination on their SSI eligibility using the adult disability standards. About one-in-three such beneficiaries lose their SSI benefits.

It’s critical that young SSI beneficiaries nearing age 18 begin to prepare early. Social Security has policies, resources, and support in place to help, but many people don’t know about them. We recently implemented several new initiatives to help young people and their families prepare for this transition.

We developed a new brochure, What You Need to Know About Your Supplemental Security Income (SSI) When You Turn 18, describing key resources and information for young people receiving SSI. It explains the benefit re-determination at age 18 and special SSI work incentives for people participating in special education, Vocational Rehabilitation, or working while attending school. It also includes information on Achieving a Better Life Experience (ABLE) accounts; health programs; and support from other places, such as American Job Centers. We’re mailing the brochure this month (and each year in the future) to all SSI recipients ages 14 to 17.

We also added a new section to the Red Book, Social Security’s guide to work incentives, consolidating information on programs and resources for young people to help with the transition from school to adulthood. We encourage young people who receive SSI — and their parents, teachers, service providers, caregivers, or representatives — to use these materials to learn about the many programs and resources available for them.

Social Security also helps young people with disabilities who are about to leave foster care, often at age 18. When foster care ends, they may become eligible for SSI — but in the time period before SSI payments begin, they may be left without any means of support. On August 1, 2016, we expanded the early application period for people leaving foster care from 90 days ahead of the date they leave foster care to 180 days ahead, as a pilot test nationwide. Starting an SSI application earlier allows for a smoother transition out of foster care for those eligible for SSI as adults.

We’re also active members of the Federal Partners in Transition workgroup, which develops strategies to promote successful youth transitions. You can visit our website to learn more about what we are doing for transition-age youth.
http://blog.socialsecurity.gov/helping-young-people-with-disabilities-successfully-transition-to-adulthood/

Rio 2016 Paralympics Opening Ceremony


Rio got the party started in spectacular style on Wednesday (September 7th) with an Opening Ceremony celebrating the transformative power of the Paralympics.


YouTube published by Paralympic Games

Please visit the Rio 2016 Paralympics website for up to date info on the games:
https://www.rio2016.com/en/paralympics/sports

The 2016 Paralympic Games in Rio kickoffed, Head over to TeamUSA.org for a live stream of the games.

Why There’s Still Work to be Done on Website Accessibility for Government Portals

Despite major technology advances over the years, many organizations still struggle with digital accessibility. A 2015 study by the Centers for Disease Control and Prevention found that 53 million — or one in five — adults in the U.S. have a disability. That’s a large chunk of the population that must be considered when designing government websites and online features.

nice article by JULIA MCCANDLESS for govtech.com | SEPTEMBER 2016

While there are many tools for disabled individuals to utilize computers and mobile devices (e.g., screen readers for the blind), there are still major challenges that stem from how content is provided. So what issues do individuals with disabilities face when accessing websites? 

According to Sachin Pavithran, chair of the U.S. Access Board and director of the Utah Assistive Technology Program, much of it comes down to how information is presented. “The bigger problems are that a lot of these websites have a lot of information,” he said. “Even though you can access it, the way the information is laid out could create a barrier because it’s hard to navigate due to the structure. That’s one of the biggest barriers right now: how information is laid out.”

Pavithran, who is blind, runs into this problem a lot. “For example, if I go on a Web page and there are pages of information but there’s no way to distinguish one section from the next, I can’t prioritize,” he explained. “Whereas someone who doesn’t have accessibility concerns can skim through to jump through each section, I have to go from top to bottom.”

While the prevalence of Americans living with disabilities is undeniable, there are few accessibility guidelines or models for organizations to follow to ensure they are up to par. The most well known accessibility standard is Section 508 of the Rehabilitation Act, which outlines basic compliance standards for federal agencies to follow regarding electronic and information technology. In addition, the World Wide Web Consortium has released the Web Content Accessibility Guidelines 2.0, which serves as a key reference for many organizations that are focused on improving or reviewing their accessibility compliance.

PRIORITIZING WEB DEVELOPMENT
Despite the resources available, many organizations aren’t quite hitting the mark when it comes to providing optimal digital accessibility. That’s likely because accessibility is often viewed as an afterthought instead of a key piece of the development from the get-go.

“The biggest thing is how you exercise higher priorities,” said Pavithran. “A lot of times, accessibility is thought of after the fact. For example, when we talk about most websites in the government sector, security is a huge factor, but accessibility is nowhere in that conversation. You need to ensure accessibility is a part of the design phase — understanding what accessibility at large means needs to be more engraved in teams that work in these kinds of environments.”

That’s where organizations like WebAIM, a nonprofit based at Utah State University’s Center for Persons with Disabilities, come in. A majority of the services that WebAIM provides are accessibility evaluations and trainings to assist private and public organizations, including the CIA and IRS.

Jared Smith, associate director of WebAIM, said the organization’s clients are eager to improve, they just don’t necessarily know where to start. “Most of the time when people get to the point of engaging with us, they have an understanding that there are some problems — many of them don’t understand the extent,” he explained. “Our approach is to educate and empower our clients. We don’t want to build a reliance on our services; we want them to become the experts. That’s why we don’t fix people’s websites for them — we provide training on how to fix them so they can do it on their own.”

Reshaping the way accessibility is thought about is important when it comes to staying relevant to all users. “The training gives a broad understanding of accessibility and of disability,” Smith said. “We focus on the end-user experience. What does disability mean? It helps them develop empathy for that experience for people. This is not just a technical thing; it really is about a positive and efficient user experience. Accessibility does that.”

ACCESSIBILITY MEETS INNOVATION
Framing accessibility in an all-inclusive lens is something that major tech players like IBM are investing in. Phill Jenkins, an accessibility business development executive with IBM, has worked extensively on accessibility over the years and was appointed by President George W. Bush to the U.S. Access Board to help establish accessibility standards. He pointed out that the best accessibility is not about compliance, it’s about innovation.

“We’re trying to get away from the idea of testing accessibility. That’s really the wrong way to approach it. You can’t expect something to be changed after it’s launched,” Jenkins said. “Think of a building: When it’s built, they build in the wheelchair ramps and make sure drinking fountains are at the right height. All of those specifications in the ADA [Americans with Disabilities Act] are designed so they will be compliant. The better you design upfront by having these design thinking guidelines, the less likely you will find a lot of problems.”

To embed the idea of accessibility in designers’ minds up front, IBM is investing in education and training to simulate situations that users with disabilities may encounter. “How does a blind person communicate? Those are things we can teach the design staff to understand,” said Jenkins. “There are many kinds of designers — we don’t teach contrast to the interaction designer because they’re dealing with interaction. But the visual designers are all about colors and changes, so we teach them all about contrast. It’s role-specific training.”

That training also reinforces the idea that accessibility should be considered for all users to enhance ease of use and convenience. For example, take any voice-activated device on the market today and it’s likely to be used by all types of people.

While high-tech companies may be making strides in accessibility, many experts say the public sector could do more. “I think often that much of that innovation is generally happening outside of government in the industry. But where government can have an impact is in procurement requirements and funding,” Smith said. “We’ve seen that with Section 508 where most private entities want to interact with the federal governments, so the government could require that as a part of federal funding.”

But Jenkins pointed out that regardless of the industry, the innovation possibilities for accessibility start with being mindful of the needs of all users. “There has to be a change of awareness from disabilities. It has to be broader than that because it’s not sustainable,” he said. “We have to be aware of how it has to be a part of everyone. That familiarity is good, we have to build on that and we have to create something for everyone, including folks with disabilities.”
http://www.govtech.com/internet/Website-Accessibility-Why-Theres-Still-Work-to-be-Done.html

Wednesday, September 7, 2016

Class Action Settlement Approval For Illinois Children Under Age 21 Diagnosed With Mental Health Issues

Preliminary Approval Given for Class Action Settlement Involving Medicaid Eligible Children in Illinois Diagnosed with Mental Health and Behavioral Disorders and Needs

Settlement resolves a lawsuit filed by Robert H. Farley, Jr. in Federal Court in 2011, impacting 20,000 to 40,000 children.
Attorney Robert H. Farley, Jr. is pleased to announce that on September 6, 2016, Federal Judge Jorge L. Alonso has given preliminary approval of a Class Action Settlement concerning all Medicaid eligible children under the age of 21 in the State of Illinois who have been diagnosed with a mental health or behavioral disorder and need intensive Home and Community Based Services to treat their disorders.
The Settlement was reached to resolve a lawsuit filed by Robert H. Farley, Jr. in Federal Court in 2011. The lawsuit claims that the Director of the Illinois Department of Healthcare and Family Services ("HFS") violated federal laws by failing to provide medically necessary community-based mental health and behavioral services as required under Medicaid and the Americans with Disabilities Act (ADA).
The Settlement Agreement requires the State of Illinois to insure the availability of services, supports and other resources so that the children can receive the appropriate treatment for their mental health or behavioral disorders. Children served will receive an Individual Plan of Care that will set forth the specific services that will be provided to the child, including the frequency, intensity and providers of such services.
On December 21, 2016 Judge Alonso will conduct a Fairness Hearing to determine whether the terms of the Settlement Agreement are fair, reasonable, and adequate, and should be approved by the Court.


SOURCE: Attorney Robert H. Farley, Jr notice