Trainings & Events
AccessibilityOnline Webinar Series
Accessible Toilet and Bathing Facilities
March 4th, 2010 1-2:30 PM CST.
Access to toilet and bathing facilities is the subject of many technical inquiries received by the Board. This session will review scoping and technical requirements for toilet and bathrooms. Illustrations and diagrams will be used to explain how various specifications apply and relate, including those for clear floor space, required clearances and fixtures and doors, and turning space.
Accessible Information Technology Webinar Series
Best Practice in Developing and Disseminating Documents Electronically
March 10th, 2010 1-2:00 PM CST.
This webinar will identify best practices for creating accessible and optimized digital documents and web content for maximized usability, functionality and cost-savings. Specifically addresses issues and remedies pertaining to Portable Document Format (PDF), Microsoft Office Word and PowerPoint, and public websites. Recommended participants include: IT managers, web designers, and content creators of all skill levels.
ADA Audio Conference Series
Conducting Effective Accessibility Surveys Part I
March 16th, 2010 1-2:30 PM CST.
What to measure, how to measure, who is qualified to do a survey and what tools are available to support this activity are commonly asked questions. This two-part series will explore the requirements to conduct accessibility surveys by business, government and educational institutions to ensure that they meet the requirements of the ADA. Topics to be covered include what to look for in an existing facility as well as a facility that has undergone renovation and/or was newly constructed since the implementation date of the ADA. Experts in the field will share their "lessons learned" and tricks of the trade.
ADA Legal Webinar Series
Reasonable Accommodation Legal Update
April 7, 2010 1-2:30 CST. PM
Reasonable accommodation issues continue to be one of the most frequently litigated ADA issues. This session will identify the major trends arising in reasonable accommodation cases and analyze recent court decisions interpreting the reasonable accommodation provisions of the ADA.
Tenth Annual Multiple Perspectives on Access, Inclusion & Disability: Future History
CALL FOR PRESENTATIONS
April 27 and 28, 2010
The Tenth Annual Multiple Perspectives conference continues a decade of community exploration of disability as an individual experience and social reality that cuts across typical divisions of education & employment; scholarship & service; business & government; race, gender & ethnicity. Proposals are due November 7, 2009. For information on proposal submission visit the conference web site.
Ohio State University
Columbus, OH
http://ada.osu.edu/conferences.htm
2010 National ADA Symposium
Save the Date!
June 20-23
The Network of DBTAC-ADA Centers will host the 2010 National ADA Symposium, A 20th Anniversary Celebration, in Denver, CO. As session details, activities and registration options develop, they will be posted on the National ADA Symposium website.
Hyatt Regency - Denver, CO
http://www.adasymposium.org
News from the Federal Agencies
U.S. Equal Employment Opportunity Commission (EEOC)
Branch Banking and Trust to Pay Damages to Settle EEOC Disability Suit
A financial holding company will pay $24,000 to settle a lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC had sued Branch Banking and Trust on behalf of a hearing-impaired employee who was denied a reasonable accommodation. In its suit the EEOC charged that a hearing impaired employee was denied a transfer to a vacant position for which she was qualified. As a result of the denial the employee was forced to resign.
Read More about Branch Banking and Trust Damages payment at http://www.eeoc.gov/eeoc/newsroom/release/2-10-10b.cfm.
Akeena Solar Settles Disability Discrimination Suit
Akeena Solar will pay $30,000 to a payroll/accounts technician and implement measures to settle a EEOC lawsuit. The settlement resolved the EEOC's suit alleging that an individual hired to be a payroll/accounts technician was fired by Akeena Solar within hours of her first day at work. The suit alleged that after the employee's supervisor discovered that her left arm was paralyzed she was terminated. The EEOC investigation determined that thee employee was capable of performing the essential functions of the position.
Read More about Akeena Solar Settlement at http://www.eeoc.gov/eeoc/newsroom/release/2-10-10.cfm.
Timken Company Sued by EEOC for Discrimination
The EEOC has filed suit alleging the Timken Company failed to hire a female applicant because the applicant has a child with a disability. The suit states that the company decided not to hire a part-time employee applying for a full-time position because the employer thought the applicant would not be able to handle a full-time position while caring for her child with a disability.
Read More about Timpen Company vs EEOC at http://www.eeoc.gov/eeoc/newsroom/release/2-8-10.cfm.
Attrell's Funeral Chapels Pays $62,500 to Settle Lawsuit
The EEOC suit alleged that Attrell's Newberg Funeral Chapel violated federal law when it refused to allow an employee that is an amputee to continue working as a secretary once she required the use of a wheelchair. The employee had been working successfully for the previous one year and nine months. Attrell's claimed that Jackson could not carry out the duties of the secretarial position if she could not walk.
Read More about Attrell's Funeral Chapels Payment at http://www.eeoc.gov/eeoc/newsroom/release/2-10-10a.cfm.
U.S. Department of Justice
DOJ Posts New Issue of Disability Rights Online to Web
The U.S. Department of Justice has posted Issue 34 of the Disability Rights Online News to its web site. This publication is a bi-monthly update on the Civil Rights Division's activities in the area of enforcing disability rights. The new issue was posted January, 2010.
Read More about the new issue of Disability rights online at http://www.ada.gov/newsltr0110.htm.
Justice Department Reaches Settlement with Arizona State University
The Department of Justice announced an agreement under the Americans with Disabilities Act (ADA) with Arizona State University (ASU). The agreement resolves complaints regarding the use in a classroom setting of the electronic book reader, the Kindle DX. The Kindle is a hand-held technological device that simulates the experience of reading a book. Under the agreement reached ASU generally will not purchase, recommend or promote use of the Kindle DX, or any other dedicated electronic book reader, unless the devices are fully accessible to students who are blind and have low vision following the 2010 spring term. Complaints filed by the National Federation of the Blind and the American Council of the Blind initiated The Justice Department investigation.
Read More about the Justice Department settlement with Arizona State University at http://www.ada.gov/arizona_state_university.htm.
Settlement Reached with THE COUNTY OF ALAMEDA SHERIFF'S OFFICE
The settlement agreement resolves a complaint filed with the Justice Department under Title II of the ADA by an individual that is deaf and blind. The complaint alleged the Sheriff's office failed to insure effective communication because a tactile interpreter was not provided when the individual was arrested and incarcerated for two days. The Sherriff's Office will adopt policies that will insure that appropriate auxiliary aids and services will be provided when necessary to insure effective communication with individuals with disabilities.
Read More about the settlement with County Of Alameda Sheriff's Office at http://www.ada.gov/bonner.htm.
Great Lakes In Focus
Update on Pending EEOC Regulations
The Equal Employment Opportunity Commission (EEOC) is currently in the process of reviewing comments it received during the public comment period regarding proposed regulations for the Americans with Disabilities Act Amendments Act of 2008. The EEOC published the proposed regulations on September 23, 2009 and accepted comments until November 23, 2009. The next step in the process would be for the EEOC to submit a proposed final regulation to the Office of Management and Budget (OMB) for approval. The OMB has up to 90 days to review the proposed final rule from the EEOC.
A possible barrier to the EEOC submitting the proposed final regulations to OMB is the fact that currently only two of the five commissioner positions at the EEOC are filled. It is necessary for a minimum of three commissioners approve the regulations prior to them being sent to OMB. The President has nominated three individuals to fill the vacant positions at EEOC but those nominations are awaiting approval by the U.S. Senate.
Another pending regulation that could possibly be held up by the vacant commissioner positions is the proposed final regulations under the Genetic Information Non-discrimination Act (GINA). GINA prohibits covered employers from collecting or using genetic information about employees or applicants when making employment decisions. The proposed final regulations under GINA are currently being reviewed by OMB. There is a chance that the proposed final regulations may under go substantive changes which would require the EEOC commissioners to vote to approve the changes before a final rule could be published.
While there may be changes to the final regulations under the ADA Amendments Act and GINA, employers should follow the proposed regulations published by the EEOC. They provide the best guidance with regards to both of these laws, which are both effective despite the lack of final regulations being available.
Suggested Resources
The Docket
In Duffy v. Velez, Mr. Duffy was an individual with a disability receiving state benefits, including Medicaid benefits in the community. The availability of the benefits was based upon an applicant's income. While Duffy was living at home he received Medicaid benefits at the "medically needy" level. One of the programs available at the "categorically needy" level was the "Global Options for Long-Term Care" program.
After Duffy's health declined, he moved into a Medicaid-certified hospital and was place on the waiting list for an assisted living facility. The facility accepted Duffy as a resident under Global Options and he moved into the facility. Months later, Duffy was informed by the local County Board of Social Services that his income exceeded the limit by $10 per month to receive the global benefits. Duffy asked that the State make an exception to the income cap limitation, but the request was denied. Duffy was later transferred to a nursing home.
He filed a lawsuit in district court in New Jersey, alleging that the State's refusal to make a reasonable modification to the income cap for benefits violated Title II of the Americans with Disabilities Act. The State filed a motion to dismiss the lawsuit. The state claimed that Duffy failed to make a claim on which relief could be granted. Duffy appealed the lower court's grant of summary judgment on behalf of the state.
In reversing the lower court's summary judgment the Appeals Court ruled that under the ADA the State had a duty to administer services, programs, and activities in the most integrated setting appropriate for individuals with disabilities based on the individuals needs.
From the ADA Expert
Question: Does the Americans with Disabilities Act standards for accessible design require the tempering of water temperatures at lavatory sinks? The local plumbing code requires the tempering of water temperatures for public sinks but not for sinks located in private toilet rooms. Do employers have to provide tempered water for their employees?
Answer: You have presented some interesting questions. The ADA standards for accessible design do not address the issue of water temperatures at sinks required to be accessible. The ADA standards only address the built environment and provide the technical requirements for an accessible lavatory/sink. Water temperature would be addressed by local or state codes.
Your second question brings the employment provisions of the ADA into consideration. A covered employer has obligations to provide a qualified applicant/employee with a disability a reasonable accommodation when needed to afford an equal opportunity to access the application process, perform the essential functions of the position or to afford equal opportunity to any benefits associated with the position.
Some one is covered by the ADA if they have:
- A physical or mental impairment that substantially limits a major life activity or:
- A record of such an impairment or:
- Is regarded as having such an impairment.
It is possible as a reasonable accommodation for an employee with a disability that an employer would have to adjust the water temperature at a sink used by the employee. It would be the responsibility of the employee to make known the need for the reasonable accommodation. The employer would have the right to request documentation establishing that the employee has a disability covered by the ADA. The employer has the right only to information on the disability for which the accommodation has been requested and not to a complete medical history.
Suggested Resources
