November 2022
Volume 16 Issue 2
In Focus |
National News |
Regional News |
ADA Cases
Q&A of the Month |
Resource of the Month |
Stay Connected
Trainings & Events Calendar
November AccessibilityOnline Webinar Series
Accessing the Past: Accessibility in Historic Buildings and Facilities
Thursday, November 3, 2022
November ADA Audio Conference Series
Tuesday, November 15, 2022
November ADA Legal Webinar Series
Wednesday, November 16, 2022
November Accessible Technology Webinar Series
Website Overlays – The Rise of Accessibility Automation
Thursday, November 17, 2022
November Section 508 Best Practices Webinar
DEIA: What Does It Mean to Have Accessibility in the Federal Workplace?
Tuesday, November 29, 2022
In Focus
Election Day is November 8th!
The U.S. Election Assistance Commission (EAC) published a blog post on Helping voters with disabilities participate in our democratic process. The article covers the following topics:
- Help America Vote Act
- Voter Right to an Accessible Election
- Pocket-sized “Voter Rights Card” for Persons with Disabilities, Available in Braille and Large Print
- Trusted Voter Information Sources
- Registration and Voting Methods in Your State
- Other Voting Access Improvements
Visit the EAC’s Voting Accessibility website for more resources.
U.S. Supreme Court Hears Case on Retroactive Benefits for Veterans with Disabilities
As Veteran’s Day approaches, the U.S. Supreme Court has started hearing arguments in a case to determine whether veterans with disabilities can collect decades of retroactive benefits from the Veterans Administration (VA). A federal statute already allows for retroactive benefits if veterans file within one year of becoming disabled. However, this case argues that individuals should be granted additional leeway in extraordinary circumstances.
National News
New Federal Legislation Introduced: Website and Software Applications Accessibility Act
The Websites and Software Applications Accessibility Act would build on the ADA by requiring covered entities and commercial providers to maintain websites and software applications which are accessible to Americans with disabilities. This legislation would establish a clear accessibility standard, a technical assistance center and an advisory committee to provide guidance on developing and maintaining accessible websites and applications.
A one-pager of the bill
A section-by-section of the bill
Frequently Asked Questions on the bill
Affordable Hearing Aids Now Available Over-the-Counter!
Adults with mild to moderate hearing loss can now buy affordable hearing aids at a store or online without a prescription, exam, or appointment with an audiologist. The Food and Drug Administration (FDA) estimates this could lower costs by as much as $3,000 per pair affecting nearly 30 million Americans with hearing loss.
FACT SHEET: Cheaper Hearing Aids in Stores Thanks to Biden-Harris Administration Competition Agenda- Lists Over-the-Counter Hearing Aid Retailers
A Call for an Accessible Navajo Nation
Surveys conducted by the Native American Disability Law Center found that individuals with disabilities within the Navajo Nation face barriers to equal rights. These challenges include housing, entering and accessing public buildings, securing employment and training opportunities, getting to the polls, and getting transportation with wheelchair access.
Roe V. Wade Decision: Impact on Individuals with Disabilities
This report discusses the Supreme Court decision to overturn Roe v. Wade and its impact on individuals with disabilities. It highlights various concerns associated with reproductive health and disability, along with the future implications of this decision for individuals with disabilities.
Regional News
Illinois
Accessible Voting in Illinois
Election day is right around the corner! Visit the Equip for Equality website to learn about accessible voting in Illinois and the rights of voters with disabilities.
Contact Equip for Equality at 800-573-2632 or voting@equipforequality.org with questions or concerns.
Chicago Marathon – Disability Winner
Marcel Hug, known as the "silver bullet," wins the 2022 Bank of America Chicago Marathon Men’s Wheelchair Race in a record-breaking time.
Safety Concerns Rise as Prison Mental Health Care Oversight Ends
For the first time in five years, the Illinois Department of Corrections will no longer be under the oversight of an independent federal monitor. The Department has faced accusations of abuse and violence toward people with mental illness and has failed to fill mental health care positions. Civil rights advocates say this leaves incarcerated people in a dangerous situation.
Abuse and Neglect Concerns at Clyde Choate Developmental Center
Equip for Equality redoubled its monitoring efforts at Choate in early 2021, and shared concerning results with the administration at Choate as well as the Department of Human Services. Following those activities, the State committed to various improvements to address concerns of abuse and neglect, as well as the overall conditions at the facility. Read more about the Illinois Governor’s call for changes at the Choate Developmental Center.
Indiana
Accessible Voting in Indiana
Election day is right around the corner! Check out the “Vote is Your Voice: A Guide to Voting Rights of Hoosiers with Disabilities” to learn more.
Contact Indiana Disability Rights at 800-622-4845 or info@IndianaDisabilityRights.org with questions or concerns.
The Election Fraud and Accessibility Grievance line can be reached at 866-IN1-VOTE (866-461-8683).
Indiana Voting Rights: Can People in Long-Term Care Facilities Vote? What About People with Alzheimer’s or Dementia?
Kristin Dulaney, special projects manager with Indiana Disability Rights, discusses how to support the rights of voters with disabilities who live in long-term case facilities or have cognitive impairments.
Disability Advocates Await SCOTUS Decision on Indiana Resident’s Right to Sue for Mistreatment under Medicaid
The Supreme Court will rule on a case involving a man in an Indiana nursing home who attempted to sue based on allegations of poor care. The facility, Health & Hospital Corp., argues that the court should bar the public, including persons with disabilities, from suing to enforce Medicaid.
Michigan
Accessible Voting in Michigan
Election day is right around the corner! Learn about Accessible Voting in Michigan as well as where to go to report problems at the polls.
Contact the Ombudsperson for Accessible Elections at 517-335-2730.
If you are denied a ballot, are unable to cast your vote, or witness a questionable incident, contact Disability Rights Michigan.
ALICE Report: Michiganders with Disabilities are Living in Poverty
In 2019, nearly half of all people with disabilities in Michigan lived in households experiencing financial hardship and were more than three times as likely to be out of the labor force as people without disabilities.
Learn more by reading the ALICE (Asset Limited, Income Constrained, Employed) Research Brief on Financial Hardship Among People with Disabilities in Michigan.
Michigan Student with ADHD Met with Off-the-Books Suspensions
Since the pandemic, parents of kids with disabilities say the practice known as “informal removal” is on the rise in schools. Informal removal is defined by the Department of Education as an action taken by staff in response to a child’s behavior that excludes them for part or all of the school day – or even indefinitely.
Federal law protects students with disabilities from being repeatedly disciplined or removed from school for behaviors related to their disability.
Minnesota
Accessible Voting in Minnesota
Election day is right around the corner! Learn about Accessible Voting in Minnesota and how to get help voting.
Seeking information about voting rights or having problems voting? Contact Mid-Minnesota Legal Aid/Minnesota Disability Law Center’s free statewide Election Day Voter Hotline at 1-800-292-4150.
Self-Driving Shuttle in Grand Rapids, Minnesota
The Minnesota Department of Transportation (MnDOT) has started a pilot program, goMARTI (Minnesota’s Autonomous Rural Transit Initiative), which provides a free, on-demand shuttle to riders who call 211 or download the app. Although the vehicles are considered self-driving, there will always be an operator on board to ensure the safe operation of the vehicle and aid passengers as needed.
State Initiative Announced: Subminimum Wage Reform
Moving disabled people out of subminimum wage work and into better-paying jobs is the goal of a $10.5 million initiative announced September 16. State grants to service providers throughout Minnesota will help people earn competitive wages and ultimately, live more independently.
Need for Inclusion: Responses from the MCD Legislative Survey
The Minnesota Council on Disability (MCD) surveyed members of the disability community to learn more about the issues that are important to them. Many of the survey responses had a common theme: a lack of community inclusion. Barriers included inaccessible public accommodations, unaffordable healthcare, few transportation options, confusing social services, and unaffordable accessible housing.
Ohio
Accessible Voting in Ohio
Election day is right around the corner! Learn more about your rights and Accessible Voting in Ohio.
Disability Rights Ohio is mandated by the Help America Vote Act to advocate for the rights of Ohio voters with disabilities.
Seeking information about voting rights or having problems voting? Contact the Disability Rights Ohio Voter Hotline at 614-466-7264 or 1-800-282-9181 (toll-free).
Contact the Secretary of State’s ADA Coordinator at 877-SOS-OHIO (877-767-6446).
Disability Rights Ohio: Goals and Objectives for Fiscal Year 2023
Disability Rights Ohio (DRO) is a non-profit organization with a mission to advocate for an equitable Ohio for people with disabilities. Through hundreds of surveys completed by Ohioans with disabilities - including more than 200 from people living in facility settings, and input from DRO’s PAIMI Advisory Council, Board of Directors, and community members, new goals and objectives have been informed by the lived experiences of advocates statewide.
Wisconsin
Accessible Voting in Wisconsin
Election day is right around the corner! Learn more about Accessible Voting in Wisconsin.
Seeking information about voting rights or having problems voting? Contact Disability Rights Wisconsin Voter Hotline at 844-347-8683 or visit the Wisconsin Disability Vote Coalition website.
Contact the Wisconsin Election Commission Toll-free Voter Help Line at 1-866-VOTE-WIS for assistance with voting questions.
Kenosha Festival Foods Receives Exemplary Award for Diverse and Inclusive Hiring Practices
South Kenosha Festival Foods has worked closely with the Wisconsin Department of Workforce Development’s Division of Vocational Rehabilitation (DWD/DVR) to recruit and ensure workers with disabilities are successful. The company received an “Exemplary Employer” award signed by Governor Tony Evers as recognition for their diverse and inclusive hiring practices.
ADA Cases
Title I: Employment
Minnesota Department of Human Rights (MDHR) Settles with Andersen Corp. Over Refusal to Hire Disabled Applicant
The settlement stems from a 2019 incident in which MDHR states that Andersen withdrew a job offer to an applicant after learning of his disability. The settlement agreement requires the company to pay a former job applicant a year’s worth of pay and to build a more disability inclusive workplace.
Pivotal Home Solutions to Pay $175,000 to Settle EEOC Disability Discrimination Lawsuit
The home warranty company, headquartered in Naperville, Illinois, came under a 3-year consent decree due to an EEOC complaint that the company fired an employee because of her mental health condition.
Title II: State and Local Government
Class Action Lawsuit Seeks to Protect Alden Nursing Facility Residents
Residents of six area nursing facilities filed a class action suit against the Alden Group seeking to end chronic and intentional understaffing at the facilities. “As a result of Illinois’s over-reliance on institutional settings, many people with disabilities have no other option but to live in large nursing facilities. Despite this lack of community living opportunities, people with disabilities should not be subjected to inadequate institutional care with tragic consequences”, says Barry C. Taylor, at Equip for Equality.
If you or someone you know has concerns about the care provided in an Alden facility named in the lawsuit, please contact Equip for Equality at 312-566-0443 or AldenLitigation@equipforequality.org.
Read Barry C. Taylor’s full statement on Alden Nursing Facility
Justice Department Finds Minnesota Department of Corrections (MNDOC) Violates Rights of Incarcerated Individuals with Disabilities
Complaints filed against Minnesota Department of Corrections (MNDOC) found that individuals with disabilities enrolled in the department’s General Educational Development (GED) program were denied opportunities to apply for and receive needed modifications on the GED exam.
Title III: Public Accommodations
DOJ and Dental Clinic Resolve Complaint Over Failure to Provide an Interpreter for Effective Communication
A patient who is deaf will be awarded $45,000 in compensation after being denied an interpreter and unknowingly agreeing to have seven of her teeth removed at an appointment with Dental Specialty Clinic.
Green Bay-Based In-Home Caregiving Service Agrees to Pay $10,000 to Resolve Americans with Disabilities Act (ADA) Allegations
Helping Hands Caregivers LLC has resolved allegations made to the U.S. Attorney’s Office for the Eastern District of Wisconsin that the company refused to provide in-home caregiving services to an individual with human immunodeficiency virus (HIV).
Q&A of the Month
Question: Are caregivers of individuals with disabilities protected from workplace discrimination under the ADA?
Answer: Yes. Caregivers of people with disabilities are protected from discrimination under the “association” provision of Title I of the ADA.
The “association” provision prohibits discrimination based on an applicant or employee’s known relationship or association with a person who has a disability. This protects caregivers from negative employment actions based on employer stereotypes or assumptions about people who associate with individuals who have a disability.
For example, an employer may be in violation of the ADA’s association provision if they decide not to hire a qualified candidate due to an unfounded fear that the applicant would not be available for overtime because they are also a caregiver for a spouse with cancer.
Learn More:
Resource of the Month
Veterans Affairs Assistive Technology Services
Veterans Affairs (VA) Rehabilitation and Prosthetic Services provides evaluation, intervention and training to eligible Veterans and Active Duty Service members with a disability needing Assistive Technology (AT).
Their labs provide services directly to Veterans, as well as providing consultation to other VA medical centers that serve Veterans across the VA health care system.
To learn more, check out the Veterans Affairs Assistive Technology Website and their AT Fact Sheet.
Stay Connected
Stay informed on the ADA, disability topics, and resources by following us on social media @ADAGreatLakes.
Check out one of our most recent popular posts, image to the left:
Did you know, the ADA requires state and local governments and their election officials to ensure that people with disabilities have a full and equal opportunity to vote in all elections?
Learn more at: ADA.gov – Voting and Polling Places
#Vote #VotersWithDisabilities #ADA