DBTAC: Great Lakes ADA Center

August 2006

Volume 2 Issue 11

Welcome to the Great Lakes ADA and Accessible IT Center's monthly Newsletter

Trainings & Events

The Great Lakes Center offers technical assistance on a variety of issues under the ADA and Accessible Information Technology

Federal Agencies

The Great Lakes Center offers customized trainings on a variety of issues under the ADA and Accessible Information Technology.

Great Lakes Affiliates

The Great Lakes offers resource materials on a variety of issues under the ADA and Accessible Information Technology.

Resources from the Technical Assistance Desk

In the Headlines

The President, on the eve of the 16^th anniversary of the Americans with Disabilities Act (ADA), issued a proclamation on the civil rights law. The proclamation focused on the President's New Freedom Initiative and its successes, the Ticket to Work Program and the numerous resources available on the Disability.gov web site. The President pledged that his administration would continue to work to insure that the freedoms guaranteed by the U.S. Constitution are accessible to all citizens. Read more on the President's Proclamation at: www.whitehouse.gov/news/releases/2006/07/20060725-3.html#content.

The U.S. Department of Justice (DOJ) and the University of Chicago have reached a settlement agreement under Title III of the Americans with Disabilities Act (ADA). The settlement agreement is based on a compliance review of the physical accessibility of the University for individuals with disabilities. The DOJ position was that the compliance review identified various areas of the University's campus that were not in compliance with Title III of the ADA. Additionally, the DOJ contended that the campus contains violations of the new construction provisions of the ADA and that there are existing barriers to access at facilities such as doors, restrooms, signage, entrances, seating and assistive listening devices in assembly spaces, and circulation routes. Read more on the Settlement Agreement at: www.ada.gov/unichicagosa.htm#agreement.

The U.S. Equal Employment Opportunity Commission (EEOC) has issued a new document as part of their Question and Answer series. The new document titled, "Questions and Answers about Deafness and Hearing Impairments in the Workplace and the Americans with Disabilities Act", is the sixth in the Question and Answer series produced by the EEOC. The document addresses when is a hearing loss a disability under the ADA, when an employer can ask an applicant or employee about a hearing impairment, what type of reasonable accommodation an applicant or employee with a hearing disability may need, and what employers should do if it has safety concerns about an applicant or employee with a hearing impairment. This Q&A series developed by the EEOC addresses specific disabilities and provides examples of situations and potential accommodations. Read more on the new EEOC Document at: www.eeoc.gov/press/7-26-06.html.

The U.S. Department of Labor announced that its Workforce Recruitment Program (WRP) has placed more than 300 college students and recent graduates with disabilities in summer employment. The WRP is run jointly by the Office of Disability Employment Policy and the U.S. Department of Defense. The program is in its 11^th year of assisting public and private sector employers in meeting their staffing needs and diversity goals. Read more on the Workforce Recruitment Program at: www.dol.gov/opa/media/press/odep/odep20061068.htm.

The Office of Personnel Management has released the final version of a regulation designed to make it easier for federal agencies to hire people with disabilities. The rule expands the types of proof that prospective employees can use to show they have a disability that qualifies them for excepted service positions. It also broadens the ways by which individuals can show their job readiness. Read more on the New Regulation at: http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/06-6464.htm.

The U.S. Access Board has released for public comment an updated guideline for passenger vessels. The guidelines are being developed under the Americans with Disabilities Act and would apply to vessels such as cruise and gaming ships, ferries, and excursion boats, among others. The Access Board is accepting comments until September 5, 2006. Read more on the Passenger Vessel Guidelines at: www.access-board.gov/news/pvag-revised.htm.

The U.S. Department of Justice and Dimensions Health Corporation consented to an order that resolved a suit that had been filed by private citizens against a hospital owned by Dimensions Health Corporation. The original suit alleged that the plaintiffs were denied effective communication during their visits to the emergency room and during their stay's at the hospital because of the hospital's failure to provide needed auxiliary aids and services. As part of the consent decree the hospital will modify and make known to the public its new procedures for furnishing necessary auxiliary aids and services in order to insure that effective communication is provided to individuals that are deaf and hearing impaired. Read more on the Consent Decree at: www.ada.gov/laurelco.htm.

The U.S. Equal Employment Opportunity Commission (EEOC) Commissioners have voted to extend the National Call Center (NCC) until September 2007. The project was the first phase of the EEOC's effort to enhance the agency's enforcement presence and delivery of services, improve the efficiency of its operations, and reduce costs. The pilot project was launched nation-wide in March 2005. The Center received over 400,000 calls during the first year of the Project. The NCC provides general information on the employment laws enforced by the EEOC. Read more on the EEOC Extension of the NCC Project at: www.eeoc.gov/press/7-13-06.html.

The National Council on Disability (NCD) released The Needs of People with Psychiatric Disabilities During and After Hurricanes Katrina and Rita: Position Paper and Recommendations for assisting individuals still suffering the effects of the natural disasters. The paper calls for wide ranging changes at the federal, state and local levels of government to prepare for the needs of individuals with psychiatric impairments. The region impacted by the hurricanes still lacks the social service agencies and health care providers to assist individuals. Read more on the NCD Paper at: www.ncd.gov/newsroom/publications/2006/peopleneeds.htm.

The U.S. Department of Justice (DOJ) has updated its web site with its latest Status Report. The Status Report covers the DOJ's activities during the quarter from January to March, 2006. Also added to the DOJ web site are briefs that have been filed in ADA cases by the agency. Read more on the Updates to the DOJ Web Site at: www.ada.gov/new.htm#Anchor-49575.

The U.S. Equal Employment Opportunity Commission (EEOC) reported that individuals with Targeted Disabilities Now Comprise Less than 1 Percent of the Federal Workforce. Commission Chair Cari M. Dominguez pledged to take steps to address the low number of individuals with disabilities working for the federal government. Commissioner Christine M. Griffin will take the lead on developing a strategy to create greater opportunity in federal agencies for individuals with targeted disabilities. Read more on the EEOC Announcement at: www.eeoc.gov/press/6-28-06.html.

Great Lakes In Focus

Administrative Requirements for state and local governments

While the ADA was signed into law over 16 years ago, state and local governments continue to struggle with understanding their obligations. The ADA set forth five administrative requirements for state and local governments. These include:

1. Conducting a self evaluation of all programs, activities and services to insure that they were accessible to and usable by individuals with disabilities
2. Develop a transition plan that identifies physical barriers and sets forth a schedule for removing these barriers
3. Publishing a notice to the public of compliance with the ADA
4. If more than 50 employees, designation of a responsible employee to coordinate their compliance efforts
5. Establish a grievance procedure to manage ADA related complaints

For additional information on the administrative requirements of Title II of the ADA individuals may call 800-949-4232 (V/TTY) or visit the on-line contact form.

Accessible Information Technology (AIT)

The Great Lakes Accessible Information Technology (AIT) Initiative provides individuals, educational institutions, advocacy groups and organizations with technical assistance, training, referrals, materials, and resources on information technology and its accessibility. The Center's trainings are customized to fit the specific needs of the organizations requesting the presentations. Visit the AIT section of the Great Lakes web site for more information on the services provided by the Center.

To get additional information about AIT in K-12 settings visit the K-12 Bulletin. You may reach the Great Lakes Center by calling 800-949-4232 (V/TTY) or through our on-line contact form.

The Docket

Charlotte Klingler v. MO Dept. of Revenue

The U.S. 8^th Circuit Court ruled that Plaintiffs are prevented from recovering a $2.00 annual fee individuals have paid since 1990. The fee is charged by the state of Missouri for parking placards used by drivers with disabilities. The Court ruled that Title II of the ADA is not an appropriate exercise of Congress's power under Section 5 of the Fourteenth Amendment for the alleged discrimination on the basis of disability in this case. Congress has the power to abrogate state's rights against suits by private citizens for money damages when the actions taken by Congress are proportionate to the alleged discrimination being done by the state. In this case Congress's actions under Title II were not viewed as being proportionate to the alleged discrimination by the state.

Read more on Charlotte Klingler v. MO Dept. of Revenue (PDF).

Great Lakes Vine

ADA Illinois

Following last year's highly successful conference, the 2006 Illinois ADA Project Conference, Making the ADA WORK For Business, will be held September 25, 2006 at UBS Tower in Chicago, Illinois. The conference will again focus on employment and accessibility issues affecting businesses and other organizations. The four sessions planned for the conference are: Reaping the Rewards of Accessibility; Emergency Evacuation Procedures; Emerging Legal Issues; Practical Applications of the ADA. This Conference was the focus of the Steering Committee meeting on June 26, 2006.

In early July, the ADA Project distributed its Illinois ADA Project Newsletter to over 600 people via e-mail. The newsletter mentioned numerous ADA news, events, and other noteworthy activities.

Coming up, on July 20, 2006 will be the State of Illinois ADA Celebration, Access to Independence commemorating the 16^th Anniversary of the Signing of the Americans with Disabilities Act. The Celebration is sponsored by the Illinois Department of Human Services in cooperation with numerous State Agencies and Councils. The Illinois ADA Project is on the planning committee and is planning a workshop on accessible voting issues. The workshop will discuss ADA and HAVA requirements for voting.

For more information on any of these items, please visit the Illinois ADA Project Website, www.ADA-IL.org, or call 877-232-3601 (Voice) or 800-610-2779 (TTY).

ADA Indiana

ADA-Indiana's 16^th Anniversary of the ADA

ADA-Indiana celebrated the 16^th Anniversary of the ADA by hosting an invitational conference, "The ADA at Work: Making Indiana Communities Accessible" for advocacy groups in Indiana. More than forty representatives from Indiana's Centers for Independent Living, Self Advocates, and others attended the event.

During the Celebration event, ADA-Indiana introduced their new ADA Report Card. Lyn Sowdon, from the U.S. Department of Justice, provided an overview of Project Civic Access and provided participants with some ideas on how to use what the DOJ has learned in their own communities.

In the afternoon, participants heard from members of local Disability Councils (rural, mid-size city, and metropolitan) about their work, and from organizations doing local community projects related to the ADA.

ADA-Indiana's Report Card

On July 26^th, ADA-Indiana released their new ADA Report Card for Indiana. The Report Card is the result of collecting opinions from people with disabilities, family, advocates, and other community members about how well their community is implementing the ADA, and what could their communities be doing better. Find out more about Indiana's ADA Report Card on ADA-Indiana's website.

ADA-Indiana's 2006 Local Community ADA Implementation Projects

ADA-Indiana funded the Indianapolis Resource Center for Independent Living (IRCIL) this year to provide ADA training and information to homeless programs and shelters in Marion County. The goal of the project is to provide better access for people with disabilities to these homeless programs and shelters. For more information about ADA-Indiana's Community ADA Implementation Projects, visit our website.

ADA Update Audio Conference

In August, ADA-Indiana will be offering Great Lakes' audio conference on "Disability Statistics: What are the 'real' numbers and how do you make sense of them?" in six Indiana locations: Bloomington, Evansville, Indianapolis (two locations), West Lafayette, and Westville. The audio conference is free (at the ADA-Indiana sponsored site locations) and open to the public and no pre-registration is required. The site locations and times are available on the ADA-Indiana website: www.adaindiana.org.

Michigan ADA Steering Committee

The Michigan ADA Steering Committee is partly sponsoring and will be taking part in Action Day 2006. Action Day is an annual conference featuring sessions and exhibits for people with disabilities, their families, friends, advocates and the people who work with them. It is the only conference in the Upper Peninsula of Michigan that provides opportunities for education, networking, political activism and personal growth geared specifically toward the disability community. The conference will held on Thursday, September 14, at 8:00am-3:00pm at Northern Michigan University in Marquette, Michigan.

ADA Minnesota

ADA CELEBRATION: 16 Years Later Wednesday, July 26^th with speaker Barry Taylor address "What Do Recent Supreme Court Decisions Mean for the ADA Today?" You can now download the documents that Barry used at the ADA Celebration at adaminnesota.org.

Thanks to a grant from ADA Minnesota, the Greater Lakes ADA and Accessible IT Center, MRC Staying On the Job Program and Learning Disabilities Association of Minnesota, are collaborating on a special training addressing Attention Deficit/Hyperactivity Disorder (AD/HD) and the Americans with Disabilities Act. This training will help you better understand, manage, and determine workplace accommodation/communication strategies for employees with AD/HD. To learn more about the success of this training please contact Cindy Tarshish at cindyt@mcil-mn.org or call her at 651-603-2015 (Voice) or 651-603-2001 (TTY).

ADA Ohio

In order to meet increasing requests for representation from ADA-OHIO in disability-related activities throughout Ohio, ADA-OHIO has contracted with Ken Campbell to assist in providing these services. Ken was one of the planners in constructing the ADA and was formerly a member of the ADA-OHIO Board of Trustees. Ken serves as ADA-OHIO's representative to such statewide groups as Governor's Council on People with Disabilities, Ohio Developmental Disabilities Council, Ohio Services for Independent Living, and the Business Leadership Network.

One of the significant organizations which ADA-OHIO has recommitted to supporting is Ohio Advocates for Mental Health (OAMH). The mission of OAMH is to educate public officials and the community at large about mental health and recovery. Through collaboration and outreach, OAMH offers those in the mental health community the opportunity to belong to a strong leadership and advocacy network, which brings about necessary legislative change, assures linkage with needed resources, and promotes the power of self-advocacy through peer education. Since 1984, OAMH has been advocating with and for people in Ohio diagnosed as mentally ill. OAMH members include people who have been diagnosed with a mental illness, families, self-help groups, mental health professionals, service providers, and others who care about people. OAMH is directed by a board of 18 members, most of whom have personally experienced mental illness.

ADA Wisconsin

The ADA Wisconsin Partnership is pleased to be a sponsor of the seventh Annual Youth Leadership Forum being held on the UW-Whitewater campus in Whitewater, WI from July 30 to August 4, 2006. Thirty-two high school students with disabilities from around the state were selected through a competitive process to attend. The YLF is a leadership training and career awareness program designed to give youth with leadership potential the skills they need to be successful in the future. Throughout the week, delegates will meet successful role models with disabilities, their legislators and their own mentor. Delegates will work in small groups on goal setting, assistive technology, assets and strengths and employment issues. Delegates will try new activities like adaptive sports, take part in a talent show and celebrate the week with a dance. Topics covered during the week include how to find the job you want, the ADA, the transition to higher education, independent living, careers, and assistive technology.

Technical Assistance Desk

Question: I have just moved into a supervisory position and will now be conducting interviews. How does the ADA apply to the interview process and can disability or reasonable accommodation ever be discussed during the interview?

Answer: The ADA prohibits covered employers from discriminating on the basis of disability in all employment practices. An employer may hire, fire or promote the most qualified individual that he/she chooses. The ADA prohibits that employer from making that decision on the basis of disability.

A disability is defined under the ADA as:

• A physical or mental impairment that substantially limits one or more major life activity or
• A record of such an impairment or
• Being regarded as having such an impairment

In addition an applicant must be qualified to perform the essential functions of the job with or without a reasonable accommodation. An applicant with a disability, like all other applicants, must be able to meet the employer's requirements for the job, such as education, training, employment experience, skills, or licenses.

During the application/interview portion of the employment process the ADA prohibits covered employers from asking any disability related questions or any questions that would illicit a disability response. That would include questions about the types of medications an individual takes, if the individual has ever filed for worker compensation or how many sick days the individual used the previous year. Employers may ask questions about an applicant’s ability to perform essential functions of the job.

An employer may approach the topic of disability and reasonable accommodation during the interview if the applicant discloses that he/she has a disability and will need an accommodation. The employer may also ask about reasonable accommodations if the applicant has a visible disability and the employer reasonably believes that an accommodation may be needed in the performance of the position. The final instance when an employer may address reasonable accommodation is if the applicant discloses a disability and the employer reasonably believes that an accommodation will be required in order to perform the job. The employer may not get into the nature of the disability. Only the need for an accommodation may be discussed.

Individuals may contact the Great Lakes Center with questions on the ADA and the application process by calling 800-949-4232 (V/TTY) or via our on-line contact form.