DBTAC: Great Lakes ADA Center

Welcome to the DBTAC:
Great Lakes ADA 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

Equal Employment Opportunity Commission (EEOC)

The U.S. Equal Employment Opportunity Commission has decided to discontinue its National Contact Center (NCC) pilot project. The NCC had been handling calls for the agency since 2005, providing basic information on the federal laws enforced by the EEOC. The EEOC will use an in-house phone answering team. The NCC contract expires September 20, 2007. Read more about the EEOC announcement at http://eeoc.gov/press/8-13-07.html.

U.S. Access Board

The U.S. Access Board has announced the formation of an advisory committee to examine access to vessel emergency alarm systems. The committee includes representatives from disability organizations, the vessel and cruise ship industry, the National Fire Protection Association, and other interested groups. The committee will look at the issues concerning access to emergency alarm systems by passengers with hearing impairments. Read more about the committee at www.access-board.gov/news/vessel-alarms.htm.

U.S. Department of Justice

The U.S. Department of Justice has announced several new settlement agreements. They include:

• West End YMCA Child Care Centers, located in Ontario, California. The agreement resolves a complaint filed with the Department claiming the YMCA had failed to modify its policies, practices or procedures in order to afford a child with autism an equal opportunity to benefit from the services being provided by the child care center. The YMCA agrees not to discriminate on the basis of disability and to modify policies, practices or procedures when needed to afford a child with a disability an opportunity to benefit from the child care services. In addition, the YMCA will designate an employee as its ADA coordinator and they will submit their modified policies to the Department with in 60 days. Read more about the West End YMCA Child Care Centers settlement at www.ada.gov/westend_ymca.htm.
• Joseph David Camacho, a private attorney in Albuquerque, NM. The agreement requires that the law offices establish a policy ensuring effective communication for clients with disabilities, including providing qualified sign language interpreters services when needed to provide effective communication. The settlement resolves a complaint filed under Title III of the ADA alleging the attorney failed to provide effective communication to a deaf individual. Read more about the Camacho settlement at www.ada.gov/albuquerue.htm.
• Covenant Retirement Communities Inc. and its subsidiaries. The lawsuit, which was settled, had charged that the provider of retirement housing violated the Fair Housing Act because its policies discriminated against individuals with disabilities. According to the complaint individuals that used mobility aids were required to provide documentation demonstrating the need for the device and were required to show their ability to use the mobility device. Additionally, individuals were not allowed to use their mobility devices in certain common areas including dining rooms. The agreement requires the adoption of new policies, employee training and monitoring of the new non-discriminatory policies. Read more about the Covenant Retirement Communities Inc. settlement at www.usdoj.gov/opa/pr/2007/August/07_crt_651.html.

The U.S. Department of Justice has posted the latest issue of its Disability Rights Online Newsletter to its web site. The newsletter is a bi-monthly update about the Department's Civil Rights Division's activities regarding the enforcement of federal disability laws. Read more about Disability Rights Online Newsletter at www.ada.gov/disabilitynews.htm.

U.S. Department of Labor

The U.S. Department of Labor, Office of Disability Employment Policy, held a summit August 16-17, 2007 that was designed to enhance leadership development of youth with disabilities. More than 200 people representing federal, state and local government agencies; other policymakers, service practitioners, youth and leadership organizations, foundations, and youth and their family members attended the two day summit. Read more about the summit at www.dol.gov/opa/media/press/odep/odep20071161.htm.

Great Lakes In Focus

CAPTCHA is a security measure on many websites that is used where information is exchanged. It is designed to detect if a person or an automated computer program is submitting the information via an input form. The process can be completed by humans, but current computer programs cannot automatically fill out the input form. If you have ever been asked to type the somewhat distorted numbers or letters you see on the screen in to a box while using a web site, you have used CAPTCHA.

Unfortunately, the way this information is displayed prevents screen readers, such as JAWS, from conveying this information to a blind user. On some web sites, such as Yahoo, if you cannot complete the visual verification, you cannot sign up for or use many functions of the site.

There are alternatives to visual verification that are accessible to persons with disabilities. For example, many implementations of CAPTCHA permit users to opt for an audio CAPTCHA in addition to an image based one. It is important that audible access option be clear and understandable.

While the combination of audio and visual verification methods provides more accessibility than visual methods alone there are some users who are unable to use either of these methods. Therefore, it is important to offer phone or email support to manually provide access to users who are unable to solve a CAPTCHA.

Accessible Technology

The DBTAC Great Lakes Accessible Technology Initiative provides individuals, businesses, governmental entities, 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 Accessible Technology section at www.adagreatlakes.org/AIT/ of the Great Lakes web site for more information on the services provided by the Center.

To get additional information about accessible technology visit the Accessible Technology Bulletin at www.adagreatlakes.org/Publications/ATBulletin/.

For technical assistance questions contact the Great Lakes Center by calling 800-949-4232 (V/TTY) or by visiting the on-line contact form at www.adagreatlakes.org/WebForms/ContactUs/.

The Docket

Colbert v. Blagojevich (www.equipforequality.org/news/pressreleases/august_22_2007illinois_residents.php)

Five Illinois Residents have filed suit against state officials alleging violation of the Americans with Disabilities Act (ADA). The suit claims that the state has failed to Provide Community Services in the most integrated setting forcing individuals to remain in nursing homes even though the individuals wish to live in community settings. The class action lawsuit seeks to require that residents of Cook County have the opportunity to receive services in an inclusive setting. The plaintiffs are represented by Access Living of Metropolitan Chicago, Equip for Equality, the American Civil Liberties Union of Illinois and Stephen F. Gold, a national disability rights lawyer based in Philadelphia, and the law firm Ross, Dixon & Bell, LLP.

Lockett v. Catalina Channel Express (www.metnews.com/sos.cgi?0807%2F0556483)

The U.S. 9^th Circuit Court has ruled that a ferry boat operator was not in violation of the Americans with Disabilities Act (ADA) for excluding a blind passenger from taking a guide dog into a premium seating area designated as an animal-free zone. The designation of the area as animal free was done at the request of a frequent passenger concerned about animal dander. The Court ruled that it was reasonable for the ferry boat operator to exclude the guide dog from the area while it examined the impact of having the animal in the area on passengers with allergies. Prior to the lawsuit being filed the ferry boat operator had agreed to modify its policy in order to allow passengers with guide dogs to travel in the premium seating area.

Technical Assistance Desk

Question: My local transit agency recently posted signs on its vehicles and trains stating that eating and drinking was prohibited. Does the transit operator need to include language stating that individuals with disabilities may ask for a modification of this policy if they need to eat or drink because of their disability? For example, a diabetic having an insulin reaction.

Answer: Nothing in the Americans with Disabilities Act (ADA) transportation regulations would require the transit agency to include any language about individuals with disabilities having the ability to request a modification of the no eating or drinking policy. However, the transit agency should provide training for its employees on the requirements of the ADA. The transit agency should make it clear that a transit employee may need to modify the policy for an individual with a disability. Information about the transit agency's obligation to make reasonable modifications in policies, practices and procedures when needed to allow an individual with disability an equal opportunity to benefit from the service should also be included in the transit agency's employee manual.

Failure to provide training for its employees or failure of its employees to make reasonable modifications may result in the transit agency violating the ADA. While including language on the signs is not required it may be a good practice for the transit agency to work with local disability organizations to educate individuals with disabilities about their right to request a modification in policies, practices or procedures.

For more information, individuals may contact the DBTAC: Great Lakes ADA Center by calling 800-949-4232 (V/TTY) or by visiting our on-line contact form at www.adagreatlakes.org/WebForms/ContactUs/.