The Department of Justice (DOJ) has published an Advanced Notice of Proposed Rulemaking (ANPRM) to begin the process of revising the Americans with Disabilities Act (ADA) regulations to adopt design standards that are consistent with the revised ADA Accessibility Guidelines (ADAAG). These revisions were published by the Architectural and Transportation Barriers Compliance Board on July 24, 2004. The ADA requires the DOJ to publish regulations that include accessibility standards that are consistent with the Access Board's guidelines. Until the DOJ's rule making is complete, the revised ADAAG are effective only as guidance and not an enforceable standard with no legal effect on the public.

The ANPRM is the first of three steps in the regulatory process. The ANPRM will be followed by notice of proposed rulemaking (NPRM) and a final rule. The Department published the ANPRM to solicit public comment on several issues relating to the potential application of the revised guidelines and to obtain background information needed for the regulatory impact analysis (a report analyzing the economic costs and benefits of a regulatory action) that will accompany the proposed and final rules.

Members of the public may submit comments until January 28, 2005. Comments may be submitted electronically or by mail to P.O. Box 1032, Merrifield, VA 22116-1032. All comments will be available to the public online and, by appointment, at the offices of the Disability Rights Section.

On September 24, the U.S. Department of Justice (DOJ) signed three agreements under Project Civic Access. The completed agreements are with the cities of Gallup, NM, Suffolk, VA and Bend, OR. The goal of Project Civic Access is to ensure that people with disabilities have an equal opportunity to participate in civic life by addressing specific areas in each city. Under the Gallop and Suffolk agreements the cities will upgrade existing facilities and services to make them more accessible. The Bend agreement requires modifications to city hall and remodeling the public bathrooms. The DOJ has signed 100 agreements under Project Civic Access, with 37 signed this year.

The U. S. Equal Employment Opportunity Commission(EEOC) has set up a website dedicated to young people who are employed or are seeking employment. Through the Youth at Work website, the EEOC provides information to support its goal of eliminating illegal discrimination from the workplace for all workers. This website is designed to teach young people with or without disabilities about their rights and responsibilities as an employee. The site features information on a variety of topics such as "What is Employment Discrimination, "Your Responsibilities", and "Your Rights". Youth at Work also provides information on different types of discrimination affecting young workers and what they can do to help prevent discrimination in the workplace.

Cari M. Dominguez, Chair of the U.S. Equal Employment Opportunity Commission (EEOC), and John Tyson, Chairman and CEO of Tyson Foods, Inc. signed a National Universal Agreement to Mediate (NUAM) to informally resolve workplace disputes through Alternative Dispute Resolution (ADR) prior to an EEOC investigation or potential litigation.

Under the terms of the NUAM, all eligible charges of discrimination filed with the Commission concerning Tyson Foods, Inc. will be referred to the EEOC's mediation unit. The company will designate a corporate representative to handle all inquiries and logistical matters related to potential charges in order to facilitate a prompt mediation of the matter if it is deemed appropriate for mediation.

A NUAM is a voluntary agreement that allows the employer and/or the EEOC to opt out of mediation on a case-by-case basis if either believes the claim is not appropriate. The benefits of universal mediation agreements include eliminating the time between serving a charge and getting it to the appropriate employer contact, and facilitating the scheduling of the mediation sessions. The EEOC seeks to expand mediation in order to improve its overall operational efficiency and effectiveness. The NUAM with Tyson Foods, Inc, is the 62nd National Universal Agreements to Mediate signed by the EEOC, which has also entered into more than 600 local mediation agreements with large employers throughout the country.

U.S. Secretary of Labor, Elaine L. Chao, awarded more than $2.4 million in grants to help fund initiatives that will increase employment opportunities for people with disabilities in Connecticut, Minnesota and Virginia. The grants will help expand telework employment opportunities for newly returning veterans with disabilities as well as others with disabilities. The grants will also fund research to help individuals with disabilities. Telework (also called telecommuting) is the ability to do your work at a location other than your "official duty station." The grants are being funded through the Department's Office of Disability Employment Policy (ODEP) to operate the projects in the respective states for the next 36 months. The work will include investigating, developing and validating strategies likely to yield the largest number of telework positions for people with disabilities in cooperation with federal and state agencies.

The Great Lakes ADA & Accessible IT Center is proud to announce the 2004-2005 Audio Conference Series schedule. The Audio Conference Series starts off with a timely session on October 19 concerning voting and accessibility. The series will also feature a three part series on reasonable accommodations plus three sessions that have become mainstays of the series; Ask The EEOC, Ask The DOJ, and The ADA Update. Please join us for these and other exciting sessions that will enhance and broaden your awareness and knowledge of ADA and disability related issues. The Audio Conference Series registration information can be found on the Great Lakes ADA Center web site. The Center is currently seeking entities that are interested in promoting and hosting the entire 12 session series for members of their community. Incentives are available! Please contact us via the Web Form.

Program Registration Fees
Government and Not-For-Profit Entities
$25.00 per session
$60.00 *Special fee for 3-Part Reasonable Accommodation Series ($20.00 per session)
$240.00 **Special package rate ($20.00 per session)

For-Profit Entities
$40.00 per session
$105.00 *Special fee for 3-Part Reasonable Accommodation Series ($35.00 per session)
$420 **Special package rate ($35.00 per session)

*Only available if not registering for full 12 session package.
**Special rate package available only if registered for the full 12 session series.

The Great Lakes ADA Center is committed to providing educational entities with technical assistance on Education Based Information Technology (EBIT). This commitment is realized through the Accessible IT Initiative lead by Bob Alvarez. The Accessible Information Technology Initiative targets K-12 and Post-secondary educational entities via technical assistance and training.

Education Based Information Technology can include any number of technology products in educational settings that can be used to transmit, store, manipulate, or display information. The Center works with K-12 and Post-secondary educational systems to help in the assessment and understanding of the issues related to accessible IT in education. The checklist can help schools determine if their technology or purchases are accessible and works as an aid for policy development related to acquiring and using accessible information technology in schools. The Center also provides information on how assistive technologies, such as screen readers, and how adaptive techniques, such as captioned video, can help create and foster inclusive educational environments.

Information on the Accessible IT Initiative can be found on the Great Lakes web site, which includes information on state-based resources, events, and FAQ's on accessible information technology. The site is a resource for new information and checklists to help an educational entity break down electronic barriers. Individuals and entities that are interested in finding out more about the Accessible IT Initiative at the Great Lakes Center can contact Bob Alvarez.

On September 20, 2004 the first meeting of the Interagency Coordinating Council on Emergency Preparedness and Individuals with Disabilities took place at the Department of Homeland Security. Senior government officials from various departments of the federal government shared reports highlighting policy initiatives that will serve to integrate persons with disabilities in emergency preparedness planning. President George W. Bush by an Executive Order created The Council on July 22, 2004. The Council's purpose is to develop policies designed to address the safety and security needs of people with disabilities. The agency initiatives announced are:

• The Civil Rights Division at the Department of Justice, announced the release of a new technical assistance document, "Making Community Emergency Preparedness and Response Programs Accessible to People with Disabilities." The document provides assistance to local officials in making emergency preparedness plans consistent with the requirements of Title II of the Americans with Disabilities Act.
  
  
• The Federal Communications Commission has issued new policies to ensure that facilities that provide Telecommunications Relay Services for persons with hearing and speech disabilities are designated priority for restoration of service in cases of emergency.
  
  
• The Office for Special Education and Rehabilitation Services, announced that the National Institute for Disability and Rehabilitation Research (NIDRR) has committed close to $1 million to emergency preparedness research and the Rehabilitative Services Administration has awarded $1 million to the National Organization on Disability's Emergency Preparedness Initiative to assist communities, governments, and federal agencies in developing plans that will ensure the safety and security of people with disabilities in emergencies.
  
  
• The U.S. Department of Labor announced the release of a report involving employees with disabilities in emergency management planning. The Office of Disability Employment Policy (ODEP) is distributing the report to state emergency coordinators as well as public and private sector employers nationwide. In addition, ODEP is making available technical assistance on emergency planning for employees with disabilities and their employers through its Job Accommodation Network.
  
  
• The Department of Homeland Security's Officer for Civil Rights and Civil Liberties discussed the citizen preparedness web site, ready.gov. The website includes new and updated information to help people with disabilities prepare for and respond to emergencies of all kinds. The Council's work will lead to the inclusion of more comprehensive guidance for people with disabilities.
  
  
• Citizen Corps will establish a National Citizen Corps Council subcommittee on emergency preparedness for people with disabilities. This subcommittee will be a key component of the federal government's efforts to reach out to communities across the country on these issues. The subcommittee will be comprised of many leading advocates from the disability community, and will hold its first meeting in October.
  
  

The U.S. 6th Circuit Court affirmed the argument of Lori Hoge, an employee of Honda of America Mfg. Inc, (Honda), that she was entitled to be restored to her job or an equivalent job under the provisions of the Family Medical Leave Act (FMLA). Ms. Hoge was injured in a non-work related accident and requested leave time under the provisions of the FMLA. Upon completing her rehabilitation she was given permission to return work. Honda delayed her reinstatement citing the difficulty associated with changing the tooling and engineering due to introducing a new model. Honda did not dispute that Ms. Hoge was entitled to restoration, but argued that they did not violate the law because they addressed her restoration in a timely manner. The Court did not agree.

The Department of Education has endorsed the National Instructional Materials Accessibility Standard (NIMAS). NIMAS is voluntary standard that serves as a guide in the production and electronic distribution of instructional materials. NIMAS facilitates the conversion of information to Braille, text-to-speech, and other accessible formats. NIMAS was developed by Center for Applied Special Technology (CAST), a not-for-profit education research and development organization through federal funding from the National Center for Accessing the General Curriculum (NCAC). The goal of NIMAS is to enable students with disabilities to participate in the general curriculum as mandated by the No Child Left Behind Act (NCLB) and Individuals with Disabilities Education Act (IDEA).

This past month, ADA-Indiana collaborated with Count Us IN and the Great Lakes ADA & Accessible IT Center to provide all of Indiana's 92 counties with resources for promoting accessible voting in their polling places. Each county received accessible voting posters as well as a copy of the "ADA Checklist for Polling Places" developed by the U.S. Department of Justice. The local county voter registration offices were encouraged to contact the partners if they required additional copies or assistance in ensuring that all Hoosiers can participate in one of our country's most cherished activities: voting. Count Us IN is a project of the Indiana Governor's Council for People with Disabilities. Its purpose is to increase the number of Hoosiers with disabilities who are involved in the electoral process as voters and volunteers.

The ADA-OHIO Board of Trustees and Professional Advisory Board installed officers and directors at its annual meeting on September 15, 2004. The group is composed of representatives from businesses as well as disability organizations and other groups throughout Ohio, which are interested in issues concerning the ADA. Members of the Board of Trustees serve three-year terms, with an option to renew for a second term. The installed officers and directors are: David Kessler, an attorney in private practice, was installed as Chair; Bernie Pontones, an advocate for Vietnam Veterans of Ohio, was installed as Secretary; and Linda Roberts, regional human resource director for the Lowe's Home Improvement stores in Ohio, was installed as Treasurer.

I will be conducting an interview with an individual who is deaf, for a forklift position in our warehouse. We are providing a sign language interpreter in order to conduct an effective interview with this candidate. I am concerned how the individual will be able to know when forklifts and other vehicles are moving throughout the aisles and stacks of merchandise in the warehouse. My company believes that this would pose a danger to himself and others. Can I ask the candidate about this? Is this a legitimate defense against hiring an individual that has the required experience and knowledge for the position? What else should I consider in this situation?

Your question poses several important issues to be considered when seeking information from an individual with a disability regarding work related tasks. In the pre-employment stage questions cannot be asked that would tend to elicit information about a disability. An employer can ask an applicant with an obvious disability, how they would perform job related tasks. However these questions cannot delve into the nature and history of a disability. An employer can address issues related to direct threat. Direct threat is defined by the ADA as the likelyhood that a person with a disability presents harm to themselves and others. The U.S. Supreme Court in CHEVRON U.S.A. INC. v. ECHAZABAL addressed the issues concerning direct threat. In this case it was ruled that an employer might raise the issue that in the performance of the job an individual may endanger one's health and safety. An employer's concerns must be based on current medical information and not based on stereotypes and misconceptions about a particular disability. Additionally, when an employer raises the issue of direct threat the employer must consider any reasonable accommodations that would eliminate or reduce the direct threat. Your employer may consider the installation of flashing lights on the motorized vehicles and adopt a policy that requires operators of motorized vehicles to stop at the end of an aisle before crossing into another aisle. These steps would likely reduce or eliminate the direct threat issue raised by the employer.