Great Lakes ADA and Accessible I T Center

March 2005
Volume 1, Issue 7
Federal Agency Update
U.S. Access Board

The U.S. Access Board sponsored a study to determine the suitability of wood fiber products and binding agents for use as play surfaces. The study was conducted by the U.S. Forest Service, Forest Products Laboratory in Madison, WI.  The study tested various types of binders that can enhance surface firmness and stability of engineered wood fiber. In the preliminary phase, researchers analyzed various surface treatments on different types of engineered wood fiber. Based upon this analysis different configurations of engineered wood fiber and binding agents were selected for field study.  The field study included seven surface treatments and an untreated control surface, which were evaluated over a six-month period. A third phase is planned which will further assess the treatments that ranked highest in the completed study.

Department of Justice

The DOJ announced a settlement agreement with the Marriott Hotel located at the Metro Center in Washington D.C. The agreement was reached after extensive negotiations between the DOJ and representatives of Marriott. Under the terms of the agreement, the owners and management of the Marriott Hotel agreed to undertake the necessary renovations to insure greater accessibility for persons with disabilities.

The U.S. Department of Justice (DOJ) reached a settlement agreement with Rieck Avenue Country Day School, Inc of Millville, NJ to resolve issues raised in a complaint filed under Title III of the Americans with Disabilities Act. The complaint was filed by Jackie Kresser on behalf of her daughter who has epilepsy and cerebral palsy when she was denied admission into the Day School's summer program. The DOJ determined that the Country Day School was a Title III entity covered by the ADA and that it had violated the non-discrimination provisions of the ADA. Under the settlement the Day School agreed to adopt a non-discrimination policy that will be included in employee and parents handbooks, provide training to staff, and management regarding their responsibilities to provide services to persons with disabilities, and pay $4,000 to the complainant Jackie Kresser.

The U.S. Department of Justice has released a publication titled ADA Section 504 Design Guide: Accessible Cells in Correctional Facilities.  The focus of this publication is the prevention of discrimination, encountered by prisoners with mobility disabilities, by designing cells that are accessible.  The design guide addresses issues such as basic features of an accessible cell, dispersal of accessible cells throughout the correctional facility, and accessible furniture provided in a cell.

Equal Employment Opportunity Commission

The EEOC has issued a new publication titled the "ABC's of EEO" (Equal Employment Opportunity) which is designed to address the most common employment issues faced by employers.  The ABC's of EEO tackles such areas as hiring, harassment, accommodation, evaluations, promotions, discipline, discharge and job references.  It also explains what an employer can expect in the event that an applicant or employee files a charge of discrimination against their company or agency.

Federal Communications Commission

The Federal Communications Commission (FCC) issued a declaratory ruling that Hands On Video Relay Services, Inc. "Brown Bag Rewards Program," violates the Communication Act of 1934.  Hands On refers to its rewards program as a "customer loyalty program," which permits consumers of its video relay service to earn points that can be redeemed by having Hands On pay their digital subscriber line (DSL) or cable modem bill.  The FCC concluded that any program that involves the use of any type of financial incentives to encourage or reward a consumer for placing a Telecommunications Relay Services (TRS) call is inconsistent with Section 225 of the Communications Act of 1934 and the TRS regulations.  The ruling stated that effective March 1, 2005, any TRS provider offering such incentives or rewards for the use of any of the forms of TRS will be ineligible for compensation from the Interstate TRS Fund.