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

National Council on Disability (NCD)

The National Council on Disability (NCD) released its latest report, Empowerment for Americans with Disabilities: Breaking Barriers to Careers and Full Employment. The report was released at a news conference and panel discussion held on October 1. The purpose of the report is to summarize existing knowledge regarding the employment of people with disabilities in a series of short issue briefs. Also, the report provides new information on barriers to employment for individuals with disabilities from the perspectives of employers, people with disabilities, and disability specialists. Read more about the report at www.ncd.gov/newsroom/publications/2007/NCDEmployment_20071001.htm#skip.

U.S. Access Board

The U.S. Access Board announced the publication of a new Guide on Rights-of-Way Alterations. The guide was published by the Institute of Transportation Engineers with support from the Access Board. The guide includes illustrations of 25 design solutions, model sidewalks, case studies and other resources. Read the Guideat www.access-board.gov/prowac/alterations/guide.htm.

The U.S. Access Board Held a Second Hearing on Guidelines for Federal Outdoor Developed Areas. Representatives from several Federal land management agencies participated in the hearing and provided testimony on the proposed guidelines. Other speakers included representatives from industry groups and organizations representing individuals with disabilities. Most comments addressed trails and outdoor access routes. The Board was urged by many to complete development of the guidelines that will apply to land owned and leased by the federal government under the Architectural Barriers Act. Read more about the hearing at www.access-board.gov/news/outdoor-hearing-dc.htm.

U.S. Department of Homeland Security

The U.S. Department of Homeland Security's Federal Emergency Management Agency (FEMA) released a new reference guide that addresses legal requirements and standards regarding access for people with disabilities. "A Reference Guide for Accommodating Individuals with Disabilities in the Provision of Disaster Mass Care, Housing and Human Services", is the first of a series of disability-related guidelines to be produced by FEMA for disaster preparedness and response planners and service providers. Read the Reference Guide at www.fema.gov/oer/reference.

U.S. Department of Justice

The U.S. Department of Justice has filed a lawsuit against eleven apartment complexes in Louisville, KY alleging housing discrimination. The lawsuit states that the eleven complexes failed to provide required accessible features in all of the ground level units in the complexes in violation of the Fair Housing Act. The Justice Department's lawsuit alleges that public and common use areas of the developments have steps leading to covered dwelling units, lack walkway connections to covered dwelling units, lack accessible parking, and have accessible routes leading to covered dwelling units that are too steep. Read more about the lawsuit at www.usdoj.gov/opa/pr/2007/September/07_crt_764.html.

The U.S. Department of Justice announced it had reached a settlement agreement with Ozark Entertainment, Inc. The agreement resulted from a compliance review of Mickey Gilley's Theatre and Mickey's Texas Café. The settlement prohibits any further alterations that are not in compliance with the ADA standards for accessible design. It also requires the removal of existing barriers that are readily achievable. Read more about the settlement at www.ada.gov/ozarkentertain.htm.

The U.S. Department of Justice announced it has filed a Fair Housing lawsuit against St. John, IN. The lawsuit charges that St. John violated a resident's rights when the city refused a variance to an ordinance that would have allowed one unrelated individual with multiple sclerosis to live with the resident. Read more about the lawsuit at www.usdoj.gov/opa/pr/2007/September/07_crt_750.html.

Great Lakes In Focus

The U.S. Department of Labor, Office of Disability Employment Policy (ODEP) has materials available to mark October as the 2007 National Disability Employment Month. They have a poster available for downloading as well as full size copies available upon request from their website. This year's theme is: Workers with Disabilities: Talent for a winning team. More information is available on their website at www.dol.gov/odep.

The Great Lakes Center has developed a calendar of activities taking place within IL, IN, MI, MN, OH and WI related to the celebration of the National Disability Employment Month. You may view the calendar on the Center's website at www.adagreatlakes.org.

If you have questions the employment of individuals with disabilities you may contact the DBTAC: Great Lakes ADA Center by calling 800-949-4232 (V/TTY) or by visiting our online contact form at http://www.adagreatlakes.org/WebForms/ContactUs/.

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

Jarek Molski vs. Mandarin Touch Restaurant (http://media.washingtonpost.com/wp-srv/business/documents/molskivevergreen.pdf)

The 9th Circuit Court of Appeals upheld a lower court's order barring Jarek Molski and his attorney, Thomas Frankovich, from filing any lawsuits under the Americans with Disabilities Act in the Central District of California without prior court approval. Molski has filed over 400 lawsuits against California businesses under Title III of the ADA. The court held that the orders against Molski were within the "discretion" of the district court.

The ruling stems from a suit Molski filed against the owners of the Mandarin Touch restaurant following a 2003 visit. He alleged that there was not enough clear space in the restroom to permit him to access the toilet from his wheelchair, and when he left the restroom, his hand got caught in the restroom door. The defendants moved to declare Molski a vexatious litigant and to sanction him and his attorney.

Technical Assistance Desk

Question: I experienced my second seizure at work in the past week. These were the first seizures I have had in over a year and the first ones that have occurred at work. My employer now wants me to provide documentation from my physician. What information am I required to provide and what information does my employer have the right to receive from me under the ADA? Can my employer share this information with my co-workers?

Answer: The ADA prohibits covered employers from discriminating on the basis of disability against qualified individuals with disabilities in all employment practices. A covered employer is one with 15 or more full or part-time employees. An employer may hire, fire, or promote the most qualified individual he/she chooses. The ADA prohibits that covered employer from making the decision on whom to hire, fire, or promote on the basis of disability.

An employer in certain instances has the right to request medical information that is job related and consistent with business necessity. If an employee is having difficulty performing the job and the employer based on objective information has a reasonable belief that it is related to a medical condition or disability or that the individual may be a direct threat to the health and safety of himself/herself or others then the employer has the right to receive limited medical information.

The employer has the right to information from an employee indicating that the employee is able to perform the job or essential functions of the position or that the employee is not a direct threat to himself/herself or to others. Direct threat means that there is a significant risk of substantial harm to himself or others. This should not be based on assumptions or perceptions about a medical condition but should be based on current and relevant medical information.

An employer should provide a job description to the employee's physician so the physician understands the job duties associated with the job. The employer does not have the right to a complete medical history and only information related to the medical condition in question.

An employer is prohibited from sharing medical information with co-workers. Any medical information an employer receives should be kept confidential and in a separate file from the employee's regular work file.

If you have questions about the ADA you 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/.