July 2022
Volume 15 Issue 8
Trainings & Events Calendar
Thursday, July 7, 2022
Wednesday, July 13, 2022
Monday, July 18, 2022
Tuesday, July 19, 2022
Wednesday, July 20, 2022
Monday, July 25, 2022
Announcements
The 32nd anniversary of the Americans with Disabilities Act (ADA) is rapidly approaching. View and use our ADA Anniversary materials to learn about the achievements and highlights of the ADA as well as finding ADA celebration events near you. Order and/or print our free 32nd ADA poster through our website!
In Focus
Check Out U.S. Department of Education’s Office for Civil Rights New Website Accessibility Video Series available on the ADA National Network Website
Video topics include:
- Introduction to website accessibility
- How some people with disabilities use technology
- Recommended practices & tips for digital accessibility
- Reporting & responding to digital barriers for people with disabilities
- and more!
Seeking Public Comment
The Department of Labor Office of Disability Employment Policy (ODEAP) is seeking information from the public regarding a supplement to the Current Population Survey (CPS) on disability employment issues, which will be conducted by the Bureau of Labor Statistics and the Census Bureau; it is expected to be fielded in 2024. The department is publishing this Request for Information (RFI) to gather information to aid in revising this CPS Disability Supplement and to inform its general disability employment research agenda. Individuals and/or organizations with an interest in this subject are encouraged to review the RFI and provide comments.
News from the White House
As part of the Affordable Connectivity Program (ACP), commitments from 20 leading internet providers have been secured to:
- Either increase speeds or cut prices, and
- Ensure all internet providers offer ACP-eligible households high-speed, high-quality internet plans for no more than $30/month.
- Households on Tribal Lands are eligible for a discount of up to $75/month.
For details on how Americans can sign up for ACP and find participating internet providers in their area visit GetInternet.gov.
U.S. Households Can Now Order 8 More Free At-Home, Rapid COVID-19 Tests at COVIDTests.gov. People who have difficulty accessing the internet or need additional support placing an order can call 1-800-232-0233 (TTY 1-888-720-7489). Frequently Asked Questions are available on the website.
Now Available Free At-home COVID-19 Tests for People Who Are Blind or Have Low Vision. Visit the website for more information.
Federal Agency News
Department of Justice
Justice Department Commemorates the Anniversary of Olmstead V.L.C. (Released 6-22-2022)
Twenty-three years ago, the Supreme Court decided Olmstead v L.C., a landmark case interpreting the Americans with Disabilities Act (ADA). IN Olmstead, the Court ruled that the ADA prohibits unnecessary segregation of people with disabilities, who have a right to live and receive services in the most integrated setting appropriate. Olmstead enforcement remains a high priority for the DOJ. This announcement highlights DOJ’s enforcement for the last six months.
Justice Department Concludes Oversight and Reform of Pennsylvania Alternative Education Programs (Released 6-1-2022)
The Department of Justice announced that the Pennsylvania Department of Education (PDE) has fully implemented its settlement agreement with the United States to stop unlawful placement of students with disabilities in PDE’s statewide system of alternative education programs, known as Alternative Education for Disruptive Youth (AEDY), and to ensure equal educational opportunities for English learner students in AEDY.
Justice Department Finds that Maine Unnecessarily Institutionalizes Children with Disabilities (Released 6-22-2022)
The Department of Justice has concluded its investigation of Maine’s behavioral health system for children and found that the State unnecessarily institutionalizes children with mental health and developmental disabilities in psychiatric hospitals, residential treatment facilities, and juvenile detention, in violation of the Americans with Disabilities Act.
Regional News
Illinois
New Law Mandating Remote Accessible Vote by Mail System Will Increase Safe, Accessible Voting Options for Voters Who Are Blind or Have Other Print Disabilities by November 2022
On Friday, May 13, 2022, Governor J.B. Pritzker signed SB 829 into law mandating the Illinois State Board of Elections to provide a remote accessible vote by mail system that allows voters with print disabilities to electronically receive, mark and verify their ballots using assistive technology. The new system is required to be ready for use for the November 8, 2022, election and all subsequent elections.
Indiana
IPAS Commission, Represented by IDR and the ACLU of Indiana, Files Complaint Alleging FSSA and DMHA Deny Timely Competency Restoration Services
The Indiana Protection and Advocacy Services (IPAS) Commission, represented by the American Civil Liberties Union (ACLU) of Indiana and Indiana Disability Rights (IDR), filed a lawsuit on May 9, 2022, against Indiana’s Family and Social Services Administration (FSSA) and Division of Mental Health and Addictions (DMHA) for failing to timely provide court-ordered Competency restoration services to people who are found incompetent to stand trial, resulting in these individuals sitting in jails without access to necessary services. Read the complaint.
Indiana Disability Rights – Success in Making Absentee Voting More Accessible
On March 9, 2022, the Honorable Jane Magnus-Stinson of the United States District Court for the Southern District of Indiana struck down Indiana’s rule that absentee voters who could not independently mark their ballot may vote at home only by appointment with a “traveling board” of elections officials in the May 2022 election. The traveling board rule was the most restrictive in the country for voters with disabilities and had resulted in at least one voter being unable to cast a ballot in the November 2020 Presidential Election because a traveling board never came to her home to help her vote. As a result of the ruling, voters with print disabilities may ask the person of their choice to help them complete a paper absentee ballot in the May 2022 primary election if they so choose. Read the Court’s order of findings. Read the Court’s Preliminary Injunction.
Michigan
Children’s Mental Health Lawsuit
On April 11, 2022, Disability Rights Michigan (DRM), The National Health Law Program, Mantese Honigman, P.C., and John Conway, P.C. filed a motion seeking to certify a class consisting of tens of thousands of Michigan children with disabilities who need, but are not receiving, intensive home and community-based Medicaid services. The lawsuit seeks to expand access to community-based mental and behavioral health services for children in Michigan. Plaintiffs filed their First Amended Complaint in February, which added multiple new class representatives from across the state.
Ohio
Disability Rights Ohio (DRO) releases "RISE UP," a resource guide for young adults with disabilities
Resources for young people with disabilities transitioning to adulthood are often confusing or simply non-existent. This new resource aims to provide more practical advice to young people. In "RISE UP," young advocates will find helpful information about situations many may go through as they become an adult.
Wisconsin
Students with Disabilities Disproportionately Secluded and Restrained
According to 2020/2021 data released by the WI Department of Public Instruction, students with disabilities accounted for 84% of incidents of restraint (restricting or reducing the ability of a student to freely move parts of their body) and 85% of incidents of seclusion (isolating a student in a room or area they cannot leave). Joanne Juhnke, Disability Rights Wisconsin Advocacy Specialist in Special Education, explains these measures of last resort and what the new data means for students throughout Wisconsin in a recent interview with Wisconsin Public Radio.
Disability Voter Toolkit – 2022 Elections
2022 is an important election year. The Disability Vote Coalition’s Voter Toolkit has the resources you need to be prepared to vote.
Lawsuit & Settlement Agreement Highlights
National Highlights
Title I: Employment
EEOC Sues Grady Memorial Hospital for Disability Discrimination (Released 5-24-2022)
Grady Memorial Hospital Corporation, a public hospital in Atlanta, violated federal law by failing to accommodate its employee’s disability and then firing her because of her disability, the U.S. Equal Employment Oppor¬tunity Commission (EEOC) charged in a recently filed lawsuit.
According to the EEOC’s suit, the employee requested approximately five weeks of leave from work due to a medical condition. The EEOC alleges that the employee attempted to return from leave as scheduled, however Grady refused to accept her doctor’s release, instead requiring her to obtain another release from her physician. Grady then discharged her, allegedly for violating a work rule, before she could return. The EEOC contends that this discharge was a pretext for disability discrimination.
Viewpoint and CampusPoint to Pay $225,000 to Settle EEOC Disability Discrimination Suit (Released 6-8-2022)
Construction software developer Viewpoint, Inc. and its recruiter CampusPoint Corporation will pay $225,000 and provide significant affirmative relief to resolve a disability discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.
According to the EEOC’s lawsuit, CampusPoint selected the applicant to interview for an analyst position with its client Viewpoint, with both companies agreeing that he was highly qualified, and his experience was “ideal.” However, when the applicant requested an ASL interpreter for an upcoming group interview, the companies erroneously assumed that he would also need a full-time interpreter to shadow him if he were hired. Instead of considering available accommodations or discussing the issue with the applicant, the companies simply rejected him because of his disability.
Boise Recruiter to Pay $125,000 to Settle EEOC Disability Discrimination and Retaliation Lawsuit (Released 6-13-2022)
Recruiting services company Jivaro Professional Headhunters will pay $125,000 to a former employee and provide other relief to settle a disability discrimination and retaliation lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC) and the former employee, the federal agency announced today.
According to the EEOC’s lawsuit, Felicia Bauer was hired as a senior technical recruiter to work at the company’s Hailey, Idaho facility. After Bauer was hospitalized due to her disability, the company unlawfully fired her. When she filed a charge with the EEOC alleging that Jivaro had discriminated against her, the company retaliated against her by providing negative and misleading job references to potential employers and filed a lawsuit against her in state court for reporting Jivaro to the EEOC.
EEOC Sues NSN, LLC for Disability Discrimination and Retaliation (Released 6-14-2022)
NSN, LLC, a Virginia Corporation which provides staffing for a licensing and vocational testing center in Raleigh, North Carolina, violated federal law by failing to accommodate an employee’s disability and then retaliating against her, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed.
According to the EEOC’s lawsuit, the employee worked as a part-time testing center administrator in the Raleigh testing center from 2016 until she was fired on Jan. 9, 2020. The EEOC alleges that after she was hired, NSN granted her certain reasonable accommodations for a disability. The accommodations remained in place until the fall of 2019, when there was a change in supervision. The new supervisor rescinded some of the previously granted accommodations. When the employee questioned the decision, NSN disciplined her and reduced her scheduled work hours. Then, six days after the employee complained in writing that NSN’s actions were discriminatory, NSN fired the employee, the EEOC said.
Title III: Public Accommodations
U.S. Attorney’s Office Settles ADA Claim with Suburban Chicago Salon Over Alleged HIV Discrimination (Released 5-26-22)
The United States Attorney’s Office for the Northern District of Illinois announced that, as part of a continued effort to enforce the Americans with Disabilities Act (ADA), it has reached a settlement with Faux Ever Beauty in Countryside, Ill., to resolve claims that the salon discriminated against a potential client with HIV.
The U.S. Attorney’s Office found that Faux Ever Beauty discriminated against a person with HIV when the salon’s owner unlawfully refused to perform an eyebrow microblading procedure due to the person’s HIV status. The investigation revealed that Faux Ever Beauty’s actions were not consistent with current medical knowledge. Moreover, an individual’s HIV status is not a legitimate or lawful reason to refuse to treat a patient seeking services.
ADA settlement with Atlanta YMCA ensures equal opportunities for children with diabetes (Released 6-23-2022)
The U.S. Attorney's Office for the Northern District of Georgia has entered into a settlement agreement with The Villages at Carver Family YMCA located in Atlanta, Georgia, to resolve allegations that the YMCA violated the Americans with Disabilities Act (ADA) by failing to reasonably modify policies and procedures for a child with diabetes.
This matter was initiated by a complaint filed with the Department of Justice Civil Rights Division. The complainant alleged that the Atlanta YMCA violated the ADA by denying a child the opportunity to participate in the YMCA's after-school program because of her diabetes. The YMCA refused to provide daily insulin injections to the child, which left her unable to attend the after-school program.
SHRM will pay $221K and improve program accessibility to settle ADA suit (Released 6-28-2022)
The Society for Human Resource Management has agreed to pay $221,500 and make accessibility improvements to its professional development offerings (Ruffa, et al v. SHRM, No. 4:21-cv-05549 (N.D. Calif. June 24, 2022)). The settlement agreement resolves a lawsuit in which three plaintiffs alleged the organization failed to comply with public accommodation provisions of the Americans with Disabilities Act and related laws.
Department of Justice
Justice Department Secures Groundbreaking Settlement Agreement with Meta Platforms, Formerly Known as Facebook, to Resolve Allegations of Discriminatory Advertising (Released 6-21-2022)
This lawsuit is the Department’s first case challenging algorithmic discrimination under the Fair Housing Act (FHA); Meta agrees to change its ad delivery system.
Published Reports & Tools
The White House released a new fact sheet highlighting the Biden-Harris Administration's strategy to address the national mental health crisis, announcing additional, new actions to advance the President’s mental health strategy across its three objectives: strengthening system capacity, connecting more Americans to care, and creating a continuum of support.
The Equal Employment Opportunity Commission (EEOC) released a report on “The EEO Status of Workers with Disabilities in the Federal Sector.” The study examines federal workers with disabilities’ demographics, hiring, advancement and separation from employment at federal agencies, discrimination complaints based on disability, and ways that federal agencies are improving accessibility for people with disabilities. Read the EEOC news release.
A recent report published by U.S. Department of Labor’s Office of Disability Employment Policy (ODEP) recently published Disability and the Digital Divide: Internet Subscriptions, Internet Use and Employment Outcomes which explores how a gap in access to both computing devices and the internet disproportionately impacts people with disabilities, in turn creating barriers to their ability to effectively prepare for, obtain and succeed in employment. In addition to an overview of literature on this topic to date, the report analyzes data on internet subscriptions, internet use and employment status among people with disabilities to assist policymakers and practitioners in devising policies and practices that can help improve socioeconomic outcomes.
The Employer Assistance and Resource Network (EARN) on Disability Inclusion published “Supporting Employee Mental Health and Wellbeing: The Importance of an Individualized Approach.” This learning guide on workplace mental health and wellbeing helps employers understand the importance of using an individualized approach to support employee mental health. It also explores how an intersectional lens is necessary to understand the impact of the COVID-19 pandemic on employees’ mental health. It includes statistics on the increase in depression and anxiety among certain historically underserved populations, such as people with disabilities and the LGBTQ+ community. The guide provides strategies for employers to use in order to create a mental health-friendly workplace for employees from all backgrounds.
New Framework Helps Organizations Incorporate Disability into DEIA Initiatives. It is essential that people with disabilities are included and represented in company-wide diversity, equity, inclusion and accessibility efforts. To help employers better understand how to integrate, sustain and measure disability inclusion practices, Employer Assistance and Resource Network on Disability Inclusion (EARN) used research conducted by Cornell University’s Center for Advanced Human Resource Studies’ to create “Including Disability in Diversity, Equity & Inclusion Priorities: Building A Maturity Model.” This tool offers a step-by-step framework to ensure disability is included in your organization’s DEIA plan.
Question and Answer for the Month
Question: What is the interactive process?
Answer: The Americans with Disabilities Act (ADA) requires covered employers to provide effective, reasonable accommodations for employees with disabilities. To help determine effective accommodations, the Equal Employment Opportunity Commission (EEOC), recommends that employers use an “interactive process,” which simply means that employers and employees with disabilities who request accommodations work together to come up with accommodations.
According to the EEOC, the interactive process is not always required under the ADA. In many instances, the appropriate accommodation is obvious and therefore it is not necessary to go through a step-by-step process. For example, if an employee who uses a wheelchair requests that his desk be placed on blocks to elevate the desktop above the arms of the wheelchair and the employer complies, an appropriate accommodation has been requested, identified, and provided without the need for a formal process.
However, when an accommodation is not obvious, an appropriate accommodation is best determined through a flexible, interactive process. As part of this process, the EEOC recommends that employers:
- Analyze the particular job involved and determine its purpose and essential functions;
- Consult with the individual with a disability to ascertain the precise job-related limitations imposed by the individual's disability and how those limitations could be overcome with a reasonable accommodation;
- In consultation with the individual to be accommodated, identify potential accommodations, and assess the effectiveness each would have in enabling the individual to perform the essential functions of the position; and
- Consider the preference of the individual to be accommodated and select and implement the accommodation that is most appropriate for both the employee and the employer.
Learn more:
- Job Accommodation Network (JAN) offers additional information and tips for the interactive process.
- The ADA: Your Responsibilities as an Employer
Highlighted Resource of the Month
What are Centers for Independent Living?
Designed and operated by individuals with disabilities, Centers for Independent Living (CILs) provide independent living services for people with disabilities. These programs provide tools, resources, and support for integrating people with disabilities fully into their communities to promote equal opportunities, self-determination, and respect.
This graphic illustrates how CILs make community living possible.
Directory of Centers for Independent Living (CILs) and Associations
Staying Connected
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