The state Tennessee has reached a settlement agreement with George Lane and Beverly Jones the plaintiffs in the case of Lane vs. Tennessee. The Plaintiffs charged that the state and 25 counties in Tennessee violated their rights under Title II of the Americans with Disabilities Act (ADA) by failing to provide access to their respective courts On March 21, 2005 Tennessee Chief Justice Frank Drowota III signed an order implementing the Tennessee Judicial Branch Americans with Disabilities Act Policy Regarding Access to Judicial Programs. The purpose of this policy is to ensure that persons with disabilities have equal access to the judicial programs of the state of Tennessee.

The DOJ will intervene in a lawsuit filed by five residents who are wheelchair users against the City of Detroit. The complaint alleges that the City's fixed route bus system is inaccessible which is a violation of the Americans with Disabilities Act (ADA) and the Rehabilitation Act. The DOJ's suit states that the City has failed to maintain and repair broken wheelchair lifts on buses that serve their fixed-route system. The DOJ complaint alleges instances in which riders had to wait up to 30 minutes until a bus with a working lift arrived and that the City has up to 120 buses with lifts that have not been working for more than six months.

The DOE, Office of Post-Secondary education has issued a notice for applications for Demonstration Projects to Ensure Students with Disabilities receive a Quality Higher Education. The purpose of the program is to provide technical assistance and professional development for faculty and administrators of institutions of higher education to enhance their skills and services so they can effectively support a student with disabilities. Approximately $6.9 million has been allocated for this program. It is estimated the number of awards will be 25 with an average allocation of $277, 000. The deadline for applications is April 18, 2005.

The DOJ signed Project Civic Access settlement agreements with the cities of Bend, OR, Pleasant Valley, MO, and Weston, WV. Under Project Civic Access local and state governments work with the DOJ to improve accessibility to their facilities and programs. The catalyst for Project Civic Access was a settlement agreement the DOJ signed with the City of Toledo, OH on August 26, 1999. Based upon the success of this process former Attorney General, Janet Reno requested that the Disability Rights Section of the DOJ initiate measures to ensure that other local and state governments address their issues related to improving access for persons with disabilities. Visit the Project Civic Access web site for more information and to view the 103 settlements reached to date.

The Corporation for National and Community Service has allocated $5.1 million for grants to support initiatives that engage persons with disabilities in national and community service programs. The grants will focus on two areas: increasing community involvement of veterans with disabilities and assisting youths with disabilities in transitioning from school to adult life. The Corporation anticipates allocating up to four three-year grants. Applications must be submitted by April 12, 2005. The Corporation for National and Community Service is a White House initiative that provides citizens the opportunity to participate in community services through programs: AmeriCorps, Senior Corps, and Learn and Serve America.

The Retirement Research Foundation is providing funding to Chicago area houses of worship to make their facilities accessible through its Accessible Faith Grants Program. Houses on worship in Cook, Lake, and DuPage County are eligible under this program. The grants will fund up to 50% of a project that will improve accessibility with a maximum expenditure of $25,000. The grant may applied for projects such as; installation of elevators, platform lifts, ramps, and restroom renovations. Deadlines for submitting the application are May 2, 2005 and August 1, 2005. For more information regarding the program visit the Retirement Research Foundation web site or call 773-714-8080 (V).

This month's Audio Conference Session is the second of the three part series focusing on issues surrounding reasonable accommodation under the Americans with Disabilities Act. The presenters will share their experiences implementing a reasonable accommodation process that engages the employee and employer, as well as share best practices to ensure an effective interactive process.

You can receive the following continuing education units for your participation:

• Certified Rehabilitation Counselor (CRC)
• Professional in Human Resources (PHR)
• Senior Professional in Human Resources (SPHR) – Recertification

Plan to join us for these exciting programs.

April 19, 2005: Reasonable Accommodation: Best Practices for an Interactive Process
Speaker: Bart Bartlett, County of Orange, Santa Ana, California
Beth Loy, Ph.D., Human Factors Consultant with the Job Accommodation Network
Kendra Duckworth, Human Factors Consultant for the Job Accommodation Network

May 17, 2005: What Are The Courts Saying About Reasonable Accommodation?
Speaker: David Fram, National Employment Law Institute

Dr. Marilyn Irwin, Project Co-Director of the Center for Disability Information and Referral, Indiana Institute on Disability and Community is the 2005 recipient of the Association of Specialized and Cooperative Library Agencies (ASCLA) Service Award a division of the American Library Association (ALA). The ASCLA Service award is presented annually to those demonstrating commitment and profound service to persons with disabilities. Dr Irwin also serves as the Co-Chair of Indiana AccessIT. A project funded by the Great Lakes ADA & Accessible IT Center. Dr. Irwin and the Indiana AccessIT Project provide training, materials, and technical assistance to post-secondary institutions in Indiana on website and information technology accessibility. The project has recently worked with the IvyTech Post-secondary system to help increase the accessibility of their electronic information resources to break down barriers for students and staff in post-secondary institutions in Indiana.

Dr. Irwin has also served as division counselor of the Council of the American Library Association, as chair of the Library Service to Developmentally Disabled Persons Membership Activity Group, and as chair of the Subcommittee to Develop Guidelines for Library Service to People with Mental Retardation. Through her work, Dr. Irwin has introduced and helped pass a resolution through Council requiring ALA to employ only accessible information technology. Dr. Irwin has been steadfast and effective in her efforts promoting accessible information technology, so that persons with disabilities will have greater opportunities and independence using information resources. The Great Lakes ADA & Accessible IT Center is proud to have Dr. Irwin, and the members of the Indiana AccessIT project as partners.

The DOT has concluded the Notice for Proposed Rule Making (NPRM) concerning the Air Carrier Access Act. The purpose of the NPRM is to apply the requirements of the Air Carrier Act to foreign air carriers, and require air carrier web sites to be accessible to persons with impaired vision. The NPRM, related documents and comment submitted to the DOT can be viewed online.

The U.S. 3^rd Circuit Court remanded the case of Cochran vs. Pinchak back to the district court stating that there is ample evidence to support that States have engaged in a history and practice of discrimination against persons with disabilities and disabled prisoners. Oliver Cochran is a legally blind inmate, who has been confined in several prisons in the New Jersey State Penal System. Cochran sued the State Penal System alleging that he was discriminated against when he was denied his cane, prompt medical treatment, access to his talking watch and books on tape. The District Court granted summary judgment to the State and Cochran subsequently appealed the decision. The 3^rd Circuit ruled that Cochran had presented a case that had elements that made it congruent with those presented in the case of Lane vs. Tennessee and that the remedies afforded persons with disabilities under Title II of the ADA are applicable.

In the case of Nancy Kratzer vs. Rockwell Collins the U.S. 8^th Circuit Court of Appeals ruled that the plaintiff failed to prove that her employer did not engage in the informal interactive process. Kratzer worked as a sheet metal fabricator when she suffered a work related knee injury that severely restricted her ability to stand and ambulate. Kratzer informed her employer that she wanted to take the written and four-part performance test that was required to be promoted from her current position. In a meeting on May 8, 2000 accommodations were discussed by Kratzer with management that would allow her to operate the four machines required in the performance evaluations. Based upon her current restrictions and other undisclosed impairments Kratzer did not feel the accommodations would be effective and it was agreed that an update of her medical records and restrictions were needed in order to determine what accommodations should be put into place. Kratzer did not provide the updated restriction information until July 2002. The court ruled that Kratzer's failure to provide the updated information could be considered a unilateral abandoning of the informal interactive process.

ADA-Indiana, in conjunction with the Indiana Institute on Disability and Community and the Indiana Governor's Council for People with Disabilities, is surveying Indiana citizens regarding their views on accessibility in the state. The results of the survey will be announced this summer on July 26^th, the 15^th Anniversary of the Signing of the ADA. It has been almost 15 years since the ADA was passed into law. The ADA promotes equal opportunity for people with disabilities to get jobs, receive government services, and access public places like restaurants and theaters. The survey asks Indiana citizens to "grade" how well they think their communities are complying with the ADA. There is also opportunity for them to provide opinions and ideas about how to improve ADA implementation in their communities. People with disabilities, family members, advocates, providers, and other interested community members from Indiana are welcome to complete the survey! To request the survey in an alternative format, or for additional information, contact Vicki Pappas by phone at 1-800-825-4733 or e-mail adainfo@indiana.edu.

The Illinois ADA Project will facilitate a workshop titled "Requesting an Accommodation at Work & College" on May 26, 2005. The workshop will be held at the Chicago office of Equip for Equality at 20 N. Michigan, Suite 300 Chicago, IL from 10am to 12pm. This workshop is free but pre-registration is required. For more information contact "The Training Institute" at Equip for Equality (800) 537-2632 (V), (800) 610-2779 (TTY) or email contactus@equipforequality.org.

The Michigan ADA Steering Committee is a Theme Partner for the 2005 Michigan Rehabilitation Conference, which will be held November 8-10, 2005 in Grand Rapids, MI. The conference is one of the largest statewide conferences with an emphasis on employment for people with disabilities in Michigan. As a Theme Partner, the Committee is involved in planning and recruiting for the conference. As one of the first steps in partnering, members of the steering committee conducted an initial site accessibility survey of the conference areas, hotel(s) and path of travel in Grand Rapids on March 8^th. Also as Theme Partner, the ADA Michigan Steering Committee will have a seat on the Conference Program Committee to provide input about the types of presentations that will be included in the conference with a focus on employer training.

To mark the 15th anniversary of the passage of the Americans with Disabilities Act, ADA Minnesota is partnering with a coalition of disability organizations to plan The 2005 ADA Celebration "15 Years Strong: Then, Now and Beyond". The event will be held on Tuesday, July 26, 2005 in the Twin Cities and is free to all attendees. The celebration will include entertainment, food, and educational breakout sessions. The featured speakers will be nationally acclaimed NBC Dateline Correspondent John Hockenberry and Barry Taylor, Director of Equip for Equality the Protection and Advocacy organization in the state of Illinois. For more information regarding this event contact ADA Minnesota at 888-630-9793 (Toll free in MN only) or 651-603-2015 (V), 651-603-2001 (TTY).

Nancy and Cameron James and Mills-James Productions are recipients of the second annual ADA Award presented by and sponsored by the Ohio Developmental Disabilities Council. The award is presented to individuals and/or organizations that have made significant contributions in support of the Americans with Disabilities Act. Over the years, Mr. and Mrs. James and Mills-James Productions have supported many causes. They have been particularly instrumental in promoting an awareness of dyslexia and the rights under the ADA of individuals with dyslexia. The award will be presented at a luncheon on April 12, 2005, in conjunction with the Multiple Perspectives Conference.

Question:  I have an employee who was given a verbal warning for not meeting the plant's production standards. The next step is a written warning with a possible progression that could lead to termination. Prior to a written warning the employee disclosed that he has a disability and that is why he hasn't been able to meet his production quotas. The employee stated that he was covered by the Americans with Disabilities Act (ADA) and that we shouldn't hold him to the same production standards as other employees. Is this correct? How do we handle the employee's disclosure of his disability?

Answer:  The ADA requires that employers engage in an interactive process with an employee who has requested a reasonable accommodation. An employee does not need to use the phrase "reasonable accommodation" in order to make a request. The employee could indicate to a supervisor that he/she is having trouble doing the job and it is because of an impairment or medical condition. When this request is made as part of the disciplinary process, an employer should put the disciplinary process on hold while exploring the issues related to the employees identification of a disability and the need for reasonable accommodation.

During the interactive process an employer may request documentation of the impairment and potential reasonable accommodations when the disability or the need for the accommodation is not readily apparent. The employer has the right to request documentation to substantiate that a disability is present which meets the definition of disability under the ADA and whether the limitation is directly related to performance of the job tasks. The medical information that an employer receives must be kept confidential and separate from the employee's regular work file. Further information regarding the definition of disability and documentation under the ADA can be found on the Equal Employment Opportunity Commission (EEOC) web site.

If an employer determines that the employee is covered by the ADA and that the limitation is related to performing the job task(s), then the employer should begin the process of identifying potential accommodations. An employer is not required to lower production standards as a form of reasonable accommodation. An individual with a disability must be able to perform the essential functions of the job with or without a reasonable accommodation to be considered a qualified individual with a disability. The obligation of an employer is to provide an accommodation that would allow the individual with a disability to meet the production standards set for all employees.

An employer should consult with the employee during the process of identifying an effective accommodation. An employer is not required to provide the employees preferred accommodation as long as the employer can demonstrate that the accommodation provided is effective. Once an effective accommodation has been identified, the employer should provide an opportunity for the accommodation to be implemented and re-examine whether or not the performance issue, which was the original subject of the disciplinary action, is resolved. If not, the employer may continue with the disciplinary action as the individual is not a "qualified" individual with a disability and is subject to the same disciplinary action as employees without disabilities.

Employers can contact the Great Lakes Center to find out more regarding the rights and responsibilities of employers under the ADA by calling (800) 949-4232 (V/TTY) or via the on-line contact form.

The Great Lakes ADA Center disseminates publications related to all aspects of the ADA to inform and raise awareness of disability issues and to foster voluntary compliance with the ADA.  The Great Lakes ADA Center disseminates materials including posters, regulations and technical bulletins on various ADA topics.