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DBTAC: Great Lakes ADA Center

800-949-4232 (V/TTY)


 
 
 
 March 2008
Volume 4 Issue 5 

Trainings & Events

2008 Accessible Technology On-line Seminar Series

Web Accessibility for Students with Disabilities
March 3, 2008 1:00-2:00 PM CST.
In 1987, 3.6% of youth with disabilities went on to two year colleges, while in 2003, 20.8% did so. Attention to the learning and information technology of these youth is imperative, if they are to gain equitable access both to education and subsequently to employment. This presentation will provide information on a web-based tool for community college student affairs and information technology personnel to assist in the formulation of a campus-wide plan for web and IT accessibility for students with disabilities. This tool was an outgrowth of several years of research conducted by the Employment and Disability Institute and Institute for Community College Development in the ILR School at Cornell University.
For registration information visit: http://www.ada-audio.org/Webinar/AccessibleTechnology/Schedule/

2008 Legal Issues Webinar:

Medical Inquiries/Hiring/Confidentiality
March 4, 2008 1:00-2:30 PM CST.
Learn how to acquire, use and protect employee medical information to meet legitimate business needs without violating the ADA. This session will review the ADA and its regulations, EEOC guidance and recent case law decisions regarding the acquisitions, use and protection of employee medical information, along with practical tips to assist with complying with these requirements under the ADA. Specific issues include whether personality tests violate the ADA, whether a person without a disability has standing to raise an ADA violation, and how the courts have interpreted the ADA's confidentiality provisions.
For registration information visit http://www.ada-audio.org/Webinar/ADALegal/Schedule/

ADA Audio Conference

The Nature and Scope of Discrimination in Hiring Under ADA Title I
March 18th, 2008 1:00-2:30 PM CST.
Over 20,000 allegations of workplace discrimination specific to hiring have been investigated and closed by the EEOC through 2005. Researchers at VCU have uncovered some surprising facts about the nature and scope of hiring discrimination related to characteristics of the charging parties, employers, and outcomes. These findings and their ramifications for the implementation and future of the ADA will be discussed.
www.ada-audio.org

National Center on Accessibility Coordinator Training:

Accessibility Management for Parks and Recreation
March 31 - April 3, 2008
This National Center on Accessibility training course is designed to give Accessibility Coordinators in parks and recreation the foundation for implementing an accessibility management program. This course is ideal for professionals with newly appointed responsibilities and for those looking to brush up on the latest information for accessibility compliance. Sessions will include discussions of the characteristics and needs of people with disabilities, legislative mandates and litigation, accessibility standards and common errors, the application of Universal Design to park and recreation environments, Program Access, considerations for conducting accessibility assessments, visitor use and marketing, and comprehensive planning. Examples and best practices in accessibility management will be presented throughout the sessions. A field exercise will give participants an opportunity to practice conducting an accessibility assessment along with discussing considerations for prioritization of physical and programmatic barrier removal.
For registration information, go to the NCA web site at www.ncaonline.org

Eighth Annual Multiple Perspectives on Access, Inclusion & Disability: Looking Back & Thinking Ahead

April 22 and 23, 2008
The Eighth Annual Multiple Perspectives conference continues the university's efforts to bring together a diverse audience to explore disability as both an individual experience and social reality that cuts across typical divisions of education & employment; scholarship & service; business & government; race, gender & ethnicity. The list of break-out sessions and online registration are available on the Ohio State University website.
http://mpconference.osu.edu/

National ADA Symposium & EXPO

May 12-14, 2008
The National ADA Symposium and EXPO is a comprehensive three day conference on the Americans with Disabilities Act and related disability laws sponsored by the National Network of Disability and Business Technical Assistance Centers. The 2008 Symposium will feature an intensive ADA Coordinators track. Continue to visit the ADA Symposium site to get information on. registration, session topics and speakers as it becomes available.
The America's Center
St. Louis, MO
http://www.adasymposium.org/

News from the Federal Agencies

Access Board

The U.S. Access Board has issued guidance on rights-of-way access. The Board is currently working on a new rule for the unique situation that is present in sidewalk, curb ramp and street construction and design. While work on these guidelines continues, interim guidance is available from the Board through an active outreach program on rights-of-way accessibility. Read more about the Guidance at http://www.access-board.gov/news/row-guidance.htm.

The U.S. Access Board announced that a video series on accessible sidewalks is now available on its web site. The Access Board developed the video to demonstrate issues and options in the design of sidewalks. The series covers access for pedestrians with mobility impairments and individuals who are blind or have low vision. The videos are open captioned and incorporate running. Read more about the Videos and View them at http://www.access-board.gov/news/sidewalk-videos.htm.

Department of Justice

The U.S. Department of Justice announced a settlement agreement with REDHIKA CORPORATION. The Corporation is the owner of Country Inns and Suites/Hotels in Fort Wayne, IN. The matter began with a complaint being filed under Title III of the ADA with the Justice Department. The individual, who is a wheelchair user, alleged that the desk clerk refused to allow her to bring her service animal into the hotel. The hotel owner will implement a policy that states that individuals with disabilities will be allowed to bring their service animals into the hotel, train new employees on the requirements of the ADA and not discriminate in the future against individuals with disabilities. Read more about the REDHIKA CORPORATION Settlement at http://www.ada.gov/redhika.htm.

The U.S. Department of Justice announced it had reached a settlement agreement with Garibaldi's Inc., owner and operator of the Bistro Savannah Restaurant and Garibaldi's Restaurant in Savannah, GA. A complaint was filed with the Justice Department under Title III of the ADA alleging that the restaurant was inaccessible to individuals with disabilities because of a six inch step into the building. The owners of the restaurant agree to conduct readily achievable barrier removal of existing architectural barriers. The restaurant also agrees not discriminate in the future against individuals with disabilities. Read more about Garibaldi's Inc. Settlement at http://www.ada.gov/garibaldi.htm.

The U.S. Department of Justice announced a settlement with Wallace Theater Corporation regarding its Wharf Cinemas. A complaint was filed with the Justice Department under Title III of the ADA alleging that its theaters in Lahaina, Maui, HI were inaccessible to individuals with disabilities. The complaint stated that the theaters lacked the appropriate number of wheelchair seating locations. As result of the agreement the Wallace Corporation will under take steps to remove existing architectural barriers in the theaters and provide the appropriate number of wheelchair seating locations. Read more about the Wallace Theater Corporation Settlement at http://www.ada.gov/wallace.htm.

Great Lakes In Focus

Ensuring Access for Persons with Disabilities to the Application/Interview Process

The goal of the hiring process is to attract and identify the individual who has the best skills for the job. Ensuring that all qualified individuals can participate in the process is key to achieving this goal. By examining hiring procedures and implementing some steps, employers can widen the pool of potential candidates and ensure that the process is open and accessible to candidates with disabilities.
Although it is not required under the Americans with Disabilities Act (ADA), it is advisable for employers to carefully examine each job to determine its essential functions. According to guidance from the Equal Employment Opportunity Commission (EEOC), essential functions are the basic job duties that an employee must be able to perform, with or without a reasonable accommodation. Determining essential job functions will assist in establishing appropriate qualification standards, developing a job description, conducting interviews and selecting people.

Recommendations for an Inclusive Application/Interview Process

  • Evaluate each candidate for the job based on whether he or she has met the employer's requirements for the job, such as education, training, employment experience, skills or licenses.
  • Consider whether a person with a disability can perform the essential functions of the job, with or without a reasonable accommodation.
  • Recognize that there are often many ways to accomplish the same task.

Communication

  • Relax and make the applicant feel comfortable.
  • Treat an individual with a disability with the same dignity and respect you would give any applicant.
  • Speak directly to the individual, not to a sign language interpreter if one is used for the interview process.

Medical Information

  • Check that applications and other forms do not ask disability-related questions.
  • Make sure that any medical examinations required are also required of all other applicants and are performed after a job offer has been extended. The job offer may be conditioned on the results of the post-offer medical examination. However, if a decision is made not to hire an individual based on the results of the medical exam, the basis for that decision must be job related and not solely based on the individual's disability. Reasonable accommodation should be examined to determine if there is an accommodation that could reduce and/or eliminate the issue raised through the medical examination.
  • Keep in mind that among those protected by the ADA are qualified individuals who have a substantial limitation in a major life activity. Whether qualified individuals with a medical condition like AIDS, cancer, mental retardation, traumatic brain injuries and learning disabilities will be considered disabled under the law will depend on the facts of each case.
  • Develop procedures for maintaining and protecting confidential medical records.
  • Make sure that any disability-related information is kept confidential and shared only with those who need to know. For example, supervisors and managers may be told about necessary restrictions on the work or duties of the employee and about necessary accommodations.

Accommodations

  • Ensure that the recruitment process is accessible to all individuals by providing reasonable accommodations that qualified applicants will need to compete for the job (e.g., applications in alternative formats and accessible route-of-travel to the human resources office).
  • Remember that accessibility pertains not only to a physical environment. Application forms and other relevant information should be available in alternative formats for people with visual or cognitive disabilities (e.g. additional time to take a test, providing an oral versus a written examination).
  • Employers are responsible for effective communication which may include providing auxiliary aids such as sign language interpreters, real-time captioning or assistive listenting systems during the application process.
  • Develop an accommodations process and ensure all employees are aware of and understand it.

Worksite Accessibility

In general, the ADA does not require employers to make accommodations unless requested to do so by an individual with a disability. However, individuals with disabilities must be able to participate in all aspects of the application process. This means conducting job interviews at an accessible location.
  • Parking spaces for persons with disabilities should be close to the work site entrance.
  • The pathway from the parking area to the entrance should not include abrupt level changes or steps.
  • Ramps used to provide access should be appropriately graded and have handrails.
  • Doors should be wide enough (36 inches) for people who use wheelchairs. Also, they should be easy to open.
  • The human resources office, or location within the work site where the application process is administered, should be accessible.
  • The bathroom, water fountain and public telephone should all be useable by and accessible to people with disabilities.
  • Elevators should have control panels lower than 54 inches from the floor and raised symbols or numbers on the control panels.
  • All signage should include the use of symbols and graphics to be appropriate and accessible for persons with visual, learning and cognitive disabilities.
  • The emergency warning system should include both audible and visual alarms.
Conducting inclusive job interviews increases the probability of identifying and hiring the most qualified applicant for the job.

In Focus Suggested Resources

The Docket

Wilson v. Phoenix Specialty Mfg

http://pacer.ca4.uscourts.gov/opinion.pdf/061818.P.pdf
The Fourth Circuit affirmed a $197,783 jury verdict against a South Carolina manufacturer for terminating a shipping supervisor it "regarded as disabled" by Parkinson's disease. The company's president stated in an e-mail to an assistant that Wilson "qualifies for ADA designation.” The court ruled that it was an early example of how the company believed Wilson was disabled. The defendant also was found to have perceived Wilson as disabled because it ignored a doctor's note releasing him to work without restrictions.

From the ADA Expert

Question: What is the association provision of the Americans with Disabilities Act (ADA) with regards to employment and to whom does it provide protection?

Answer: The ADA covers private employers with 15 or more full or part-time employees and also state and local government employers with one or more employees. The ADA prohibits discrimination on the basis of disability in all employment practices of covered employers. A covered employer may hire, fire or promote the most qualified individual he or she chooses but that employer is prohibited from using disability in that decision making process.

The purpose of the association provision is to prohibit employers from taking adverse actions based on unfounded stereotypes and assumptions about individuals who associate with people who have disabilities. The ADA makes actions such as refusing to hire an individual who has a child with a disability based on an assumption that the applicant will be away from work excessively or be otherwise unreliable, firing an employee who works with people who are HIV-positive or have AIDS based on the assumption that the employee will contract the disease, or denying an employee health care coverage available to others because of the disability of an employee's dependent unlawful.

The association provision of the ADA prohibits employment discrimination against a person, whether or not he or she has a disability, because of his or her known relationship or association with a person with a known disability. This means that an employer is prohibited from making adverse employment decisions based on unfounded concerns about the known disability of a family member or anyone else with which the applicant or employee has a relationship or association.

The ADA does not require a family relationship for an individual to be protected by the association provision. The important factor is whether the employer is motivated by the individual's relationship or association with a person who has a disability.

Employers don't have to provide reasonable accommodations to employees who associate with individuals with disabilities. Only qualified applicants and employees with disabilities are entitled to reasonable accommodation.

For example, the ADA would not require an employer to modify its leave policy for an employee who needs time off to care for a child with a disability. However, an employer must avoid treating an employee differently than other employees because of his or her association with a person with a disability.

For additional information regarding the employment provisions of the ADA contact the Great Lakes Center by calling (800) 949-4232 (V/TTY) or via our on-line contact form http://www.adagreatlakes.org/WebForms/ContactUs

Suggested Resource

 

For more information please call 800-949-4232 (Voice/TTY) or Online via Contact Us form.

DBTAC: Great Lakes ADA Center
University of Illinois at Chicago
Department of Disability and Human Development (MC 728)
1640 West Roosevelt Road, Room 405
Chicago, Illinois 60608-6904
 
 
 
Last Updated on: Fri May 2, 2008