April 2023

Volume 16 Issue 7 

 

The Great Lakes ADA Center in collaboration with the ADA National Network are excited to announce the 2023 National ADA Symposium. The symposium will take place in-person May 21-24, 2023 and virtually June 12-14, 2023.

The Great Lakes ADA Center will continue its history of supporting participation and attendance from across our six-state region by providing a limited number of stipends to cover the registration fee for attending either the in-person or virtual Symposium.

Applications from the Great Lakes Region (IL, IN MI, MN, OH, and WI) will be accepted through April 7, 2023.

Applications for the stipend can be completed online.

Questions regarding the stipend program should be directed to the Great Lakes Center at 800-949-4232 (V/TTY) between the hours of 8:00 am - 4:30 pm Central Time or by email to adagreatlakes@uic.edu

ADA Police Academy Pilot Program Shuts Down Over Enforcement Dispute

In the early hours of April 1st, the Great Lakes ADA Center received federal notice stating that their ADA Police Academy pilot program must be discontinued. When pressed for answers, a representative stated that the Great Lakes ADA Center does not have the authority to investigate complaints or enforce the ADA. These duties are already overseen by the following federal agencies:

• U.S. Department of Justice (DOJ): Takes complaints against state and local governments or places of public accommodation
• Equal Employment Opportunity Commission (EEOC): Takes complaints against employers and other covered employment entities
• U.S. Department of Transportation (DOT): Enforces transit regulations
• U.S. Department of Education: Takes complaints against educational institutions receiving federal financial assistance from this department
• U.S. Department of Health and Human Services (DHHS): Takes complaints against health care entities receiving federal financial assistance from this department
• Federal Communications Commission (FCC): Enforces telecommunication service regulations, including Title IV of the ADA

If you or someone you know has experienced discrimination due to a disability, please contact the appropriate ADA enforcement agency above. When asked for comment, ADA Police Academy recruits expressed disappointment that the program was ending but also shared that they would be moving on to accept starring roles in an upcoming Hollywood movie.

Occupational Therapy Month: What is OT?

April is the month to recognize occupational therapists (OTs) and the work that they do. Whether these therapists are working in a hospital, outpatient clinic, school, workplace or even your own home, the goal of OT is to help individuals relearn or modify everyday activities for independence. These activities or "occupations" can include cooking, bathing, driving, eating, getting dressed, and much more. They can also observe and suggest changes to the environment which would make it safer and easier to get around.

These skills not only make OTs a great resource for those recovering from an injury or adjusting to a new disability but an excellent independent living and workplace accommodation resource as well.

Accessible Travel Updates: New Airbnb Features and Air Travel Bill

With spring and summer vacation fast approaching, travelers with disabilities should be aware of new and proposed accessibility changes.

Airbnb Launches New Accessible Accommodation Features

An "Adapted" category has been added to Airbnb which includes homes specifically adapted for wheelchair access, with verified step-free paths into the home, bedroom, and bathroom, as well as additional accessibility features. Each home in the category receives a review and a detailed 3D scan which is analyzed to confirm its accessible features.

Bill Aims to Improve Transparency of Disability-Related Air Travel Complaints

Although the 1986 Air Carrier Access Act (ACAA) prohibits discrimination on the basis of disability in air travel, individuals with disabilities still face obstacles when flying. In November 2022 alone, data shows that airlines mishandled 941 wheelchairs and scooters. The proposed bill would require the Secretary of Transportation to provide a public report on aviation consumer complaints on an annual basis.

National Council on Disability (NCD) Seeks to Address the Absence of People with Disabilities in Clinical Trials

World Health Day falls on April 7. The theme for this year is "Health for All," however, even though people with disabilities are at a higher risk for numerous health conditions compared to the general population, they have been routinely excluded from health care research according to the National Council on Disability (NCD). Researchers who receive federal funding have a legal obligation not to discriminate against persons with disabilities under Section 504 of the Rehabilitation Act, but given the pervasiveness of disability bias combined with investigators' ability to exclude anyone from a research study, it should be no surprise that people with disabilities are not well represented in clinical trials.

Read more about the NCD proposal to address the exclusion of people with disabilities in clinical trials.

The Federal Government is Investigating an Illinois School that Frequently had Students with Disabilities Arrested

The U.S. Department of Education has opened a civil rights investigation into a tiny Illinois school district for students with disabilities to determine whether children enrolled there have been denied an appropriate education because of the "practice of referring students to law enforcement for misbehaviors."

For each incident in which police were summoned, federal investigators asked for the reason police were involved, an accounting of how much classroom time was missed and how that time was made up as well as records of any communication with parents.

Read more about the U.S. Department of Education's investigation.

Most Chicago Polling Places Don't Meet ADA Standards

An analysis of recent polling place accessibility ratings from the Chicago Board of Election Commissioners shows wide geographic disparities in access to ADA-compliant polling places. In some wards, more than half of polling places fully meet ADA standards. In other wards, fewer than 20% of polling places are fully compliant. Voters in the 33rd Ward on the Northwest Side have just one fully accessible polling place.

Under a 2017 settlement agreement with the U.S. Department of Justice, the Board of Election Commissioners must make all voting sites completely ADA compliant by November 2024.

Read more about Chicago polling places not meeting ADA Standards.

Indiana Disability Rights (IDR) Staff and Clients Featured in Series on Guardianship Systems

For six months, Bloomberg Law investigated the patchwork state guardianship systems throughout the United States. The result is a five-part series titled, "In the Name of Protection," which highlights many problems within the guardianship system, including guardian abuse, neglect, and exploitation. Staff and clients of Indiana Disability Rights (IDR) were featured in 3 parts of the series.

Read the Series:

• Part1: The Profiteers (features IDR Staff Attorney Justin Schrock & client Nick Clouse)
• Part 2: The Judges
• Part 3: The Guardians
• Part 4: The Lawyers (features IDR client Sara Abbott)
• Part5: A solution (features IDR Staff Attorney Justin Schrock & clients Nick Clouse and Sara Abbott)

Senate Considers Bill to Create Standard Training and Abuse Tracking for Indiana Disability Caregivers

Indiana representatives unanimously voted to pass House Bill 1342 last month to create a registry to track direct support professionals who help care for people with disabilities in their homes. These caregivers can include direct family members of those receiving care, who are often paid by the state for that work. But the Senate is set to make some changes to the bill.

Read more about the House Bill to create standard training and abuse tracking for Indiana disability caregivers.

Community Foundation of the Holland/Zeeland Area (CFHZ) Supports Nonprofits Providing Mental Health Services

As the need for mental health services continues to escalate, CFHZ is focused on increasing access to and availability of mental health services. CFHZ has awarded a total of $150,000 to five local nonprofit partners who are committed to providing mental health services for the community, especially for those who face the greatest barriers to accessing care.

Read more about CFHZ supporting nonprofits providing mental health services.

Michigan Disability Complaints Outpace Race Filings, Prompt State Action

Disability now accounts for the top type of discrimination complaints to the Michigan Department of Civil Rights (MDCR), edging out race complaints. Disability-related complaints accounted for 25% of the 6,357 overall complaints received in the fiscal year ending on Sept. 30, 2022, followed by race (24%), retaliation (18%) and sex (14%), according to the department. As a result, the MDCR formed a Disability Rights and Compliance Division to look more broadly at discrimination against people with disabilities.

Read more about disability-related civil rights complaints outpacing race filings.

Newborn Screenings for Disabling Illness

The Minnesota Department of Health (MDH) has announced that Minnesota is the first state in the nation to screen all newborns for congenital cytomegalovirus (cCMV), a common viral infection that can have serious health effects for children if not detected early.

Pilot studies suggest that most babies with cCMV have no symptoms of the disease at birth and are not expected to develop symptoms. However, about 20% of babies diagnosed with cCMV will have symptoms either at birth or later in childhood. Of that 20%, about half will have permanent hearing loss as the only symptom of the disease. Screening for cCMV helps identify infants at risk for hearing loss and who may benefit from follow-up monitoring and early access to interventions such as sign language, hearing aids and cochlear implants.

Read more about newborn screening for cCMV.

Minnesota Bill Would Abolish Disabled Workers' Subminimum Wage

A bill introduced in March seeks to abolish subminimum wages for people with disabilities by August 2025 while also providing millions of dollars to assist centers in helping individuals find jobs. If enacted, the legislation would unleash dramatic changes to employment centers known as "sheltered workshops" which currently benefit from a special loophole in federal labor law that allows them to pay disabled workers below the federal minimum wage.

Despite efforts to expand employment options for people with disabilities, Minnesota has the third highest number of workers earning subminimum wages in the nation and the highest as a percentage of the population. From 4,000 to 4,800 Minnesotans earned subminimum wages in 2022, according to a recent legislative report.

Read more about Minnesota Bill to abolish disabled workers' subminimum wage.

Advocates Push for More Adult Changing Tables

Montgomery County Board of Developmental Disabilities Services is working to get adult changing tables into high traffic public spaces like airports, grocery stores, and libraries. They use county funding to be able to financially support the project.

On March 1, members of the board and local advocates headed to the State Capitol to bring the issue to state legislators.

To get involved or to get a changing table installed in your community or business, you can reach out to the Changing Spaces Campaign or the Montgomery County Board of Developmental Disabilities Services.

Read more about advocates pushing for adult disability resources and access.

Deaf People Face Greater Workplace Challenges

According to the National Deaf Center on Postsecondary Outcomes, national employment statistics show 41.7% of deaf people are not in the labor force, as opposed to 24.9% of hearing people. Additionally, of people ages 16-64, an estimated 2.1% of the Ohio population is deaf, or about 152,662 individuals.

Ohio resources are available to assist, such as Easterseals, a nonprofit organization that offers a range of services to those with disabilities and their families. Vocational services are a large part of the Easterseals program which provides training and job placement.

The Community Center for the Deaf works directly with Opportunities for Ohioans with Disabilities, a state office that helps Ohioans with disabilities gain employment.

Read more about workplace challenges and resources for Deaf workers.

People with Disabilities in Wisconsin Find New Opportunities Amid Worker Shortage

Despite strong workforce participation and low unemployment rates, worker shortages continue to linger in Wisconsin. To help fill open jobs, Wisconsin Department of Workforce Development (DWD) is helping employers dip into "underutilized talent pools" like people with disabilities. CDC data from 2020 shows, 21% of the state's population, or 1 in 5 Wisconsin adults, reported having a disability.

In 2021, more than 2,000 Wisconsin employers hired 3,500 people through DWD's Division of Vocational Rehabilitation (DVR). Similar to construction and manufacturing, more industries are now offering apprenticeships to help fill jobs in Wisconsin.

Public Transit Systems and Nonprofits Face Challenges in Making Transportation Accessible to Aging Wisconsinites and People with Disabilities

The shortage of long-term caregivers in homes and assisted-living facilities poses a serious transportation challenge for seniors. If someone can't make it to the door, drivers for nonprofits or public transportation systems can't pick them up.

Only a handful of local organizations offer specialized transportation for seniors and people with disabilities, according to the Aging and Disability Resource Center of Brown County. Many of these organizations are facing funding and workforce hurdles.

Read more about making transportation accessible to aging Wisconsinites and people with disabilities.

National Staffing Agency to Pay $119,400 and Provide ASL Interpreters to Deaf Applicants in ADA Settlement

According to a lawsuit filed against Lyneer Staffing, LLC, a deaf applicant sought a position working in a warehouse and had accepted a start date with a client of the staffing agency when Lyneer cancelled the assignment due to the applicant's disability. In addition to the $119,400 monetary relief paid to the deaf applicant, the two-year consent decree will require Lyneer Staffing to adopt a policy for providing deaf applicants with American Sign Language (ASL) interpreters and train its managers and supervisors on deaf communication.

EEOC Sues Innovative Services NW for Failure to Accommodate

Innovative Services NW (ISNW), a nonprofit providing programs for people with disabilities, was alleged to have violated federal law when it refused to accommodate an employee with a degenerative hip impairment and instead fired her. According to the suit, the employee attempted to return to work as a janitor with the accommodation of using an upright vacuum instead of a backpack vacuum. Rather than accommodate the employee, ISNW placed the employee on unpaid leave and then eventually fired her.

Papa John's Pizza Sued for Firing Blind Employee with Service Dog

The international pizza chain, Papa John's Pizza, was charge by the EEOC in a suit alleging that they unlawfully denied a blind employee's request to keep his service dog on site and away from customers and food prep activities during his shifts. The employee, who is legally blind, relies on his service dog for his commute. He was hired but could not start until his accommodation request to bring his service dog was formally granted. Papa John's denied the employee's accommodation request and fired him before he worked a single shift.

Supreme Court Rules for Deaf Student in Education Case

In a unanimous ruling on March 21, the U.S. Supreme Court sided with a Deaf student who sued his Michigan public school system for providing inadequate education. The justices ruled that after Perez and his family settled a complaint against the school system under the Individuals with Disabilities Education Act (IDEA) -- with officials agreeing to pay for additional schooling and sign language instruction -- they could also pursue money damages under the ADA.

City and County of Honolulu Agree to Improve Paratransit

Title II of the ADA requires that cities and counties that provide bus or rail service, such as Honolulu, also provide paratransit. Reserving rides is a key aspect to paratransit, however, complaints alleged that Honolulu's paratransit service, TheHandi-Van, either had very long telephone hold times or did not answer calls. Under the Department of Justice settlement agreement, Honolulu will take immediate steps to lessen hold times and within three years will answer 95% of calls to TheHandi-Van within three minutes and 99% of calls within five minutes.

U.S. Attorney's Office resolves Disability Discrimination Investigation of Bark Bark Wag Dog Rescue

The complaint alleged that a local dog rescue based in Livonia, Michigan denied an adoption application based on stereotypes concerning the applicant's use of a wheelchair. The settlement agreement emphasizes the organization's commitment to ADA compliance going forward and requires Bark Bark Wag to adopt ADA policies to ensure that the adoption process does not improperly screen out or scrutinize individuals who have disabilities.

Neurodiversity in the Workplace

Neurodivergent workers bring many skills and talents to the workplace. In honor of Autism Acceptance Month, check out the Employer Assistance and Resource Network on Disability Inclusion (EARN)'s Neurodiversity in the Workplace toolkit to learn about:

• Neurodiversity and neurodivergence
• Benefits of Neurodiversity in the Workplace
• Workplace accommodations and support for neurodivergent employees

Stay informed on the ADA, disability topics, and resources by following us on social media @ADAGreatLakes.

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