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Trainings & Events Calendar
May Accessible Technology Webinar Series
Thursday, May 11, 2023
May ADA Legal Webinar Series
Update on Service Animals in public accommodations, employment, transportation and housing
Wednesday, May 17, 2023
May Section 508 Best Practices Webinar
Tuesday, May 23, 2023
In Focus
Youth-Led Organization Uplifts Asian Americans with Disabilities
The Asian Americans with Disabilities Initiative (AADI) is a non-profit developed during the COVID-19 pandemic and driven by a team of young disability advocates. The AADI's purpose is to build community and raise awareness around disability justice for Asian Americans with a particular focus on intersectionality. The organization has conducted numerous educational outreach events and panel discussions. AADI has also released a first-of-its-kind resource guide to combat ableism in the Asian American community through first-person testimonials, comprehensive peer-reviewed research, and briefs from AADI events.
Read more about the Asian Americans with Disabilities Initiative (AADI).
Global Accessibility Awareness Day (GAAD) – Let's Celebrate Digital Access!
On May 18th, we recognize the 12th annual Global Accessibility Awareness Day (GAAD).The purpose of GAAD is to communicate, think, and learn about digital access and inclusion. This global awareness day is a program of the GAAD Foundation, a nonprofit organization whose mission is to disrupt the culture of technology and digital product development to include accessibility as a core requirement. Learn more about the GAAD Foundation and their mission to improve digital access for persons with disabilities.
Check out the recent digital accessibility updates from these major companies:
- 5 Ways ChatGPT is Empowering People with Disabilities
- Amazon's Fire TV Expands Audio Streaming for Hearing Aids to Cochlear Implants
- Apple's New Accessibility Video Highlights Innovative Features For Those With Disabilities
- Google Announces Accessibility Updates that Help Disabled People 'Get More Done and Have Fun'
- How Android 14 Will Make Devices More Accessible for Everyone
- Microsoft 365 will Soon Have an Accessibility Assistant
- Zoom Boosts Accessibility with Sign Language Interpretation View
National News
Medicaid Home and Community Based Services (HCBS) 'Settings Rule' Takes Effect
March 17 was the deadline for states to come into compliance with the participant rights and self-determination aspects of the Home and Community Based Services (HCBS) settings final rule. These new regulations aim to allow individuals in assisted living facilities to have full access to HCBS programs that are integrated into the community rather than in institutional settings such as skilled nursing facilities. Since the Olmstead Supreme Court decision, the idea of integrated community-based services has been an important part of the disability rights movement. However, some senior living advocates warn that regulations like the 'settings rule' may force assisted living communities to stop accepting Medicaid as a payment source.
Read more about the Medicaid 'Settings Rule' and advocate concerns.
What You Should Know About the Pregnant Workers Fairness Act (PWFA)
The Pregnant Workers Fairness Act (PWFA) is a new law that will go into effect on June 27th, 2023. This law will be enforced by the Equal Employment Opportunity Commission (EEOC) and will require covered employers to provide reasonable accommodations to a worker's known limitations related to pregnancy, childbirth, or related medical conditions, unless this would cause an undue hardship.
Some pregnant workers may have one or more impairments related to their pregnancy that would qualify as a disability under the ADA such as gestational diabetes, high blood pressure (i.e., preeclampsia), urinary tract infections, depression, etc. However, while the PWFA shares many terms and similarities with the ADA, it is a completely separate federal law. Pregnancy itself is not considered a disability, but under PFWA, pregnant workers may still be entitled to reasonable accommodations even if they don't qualify for disability-related accommodations under the ADA.
Regional News
Illinois
Pending Illinois Legislative Efforts to Increase Disability Access and Awareness
Home Modification Program Act - If passed, this law would allow people living with a disability, regardless of age, to make their homes more ADA accessible so they don’t have to move elsewhere. The money designated for the Act would be distributed to independent living centers across the state to assist with home modifications. Read more about the proposed Home Modification Program Act.
Senate Bill 2039 - This law would require every public school in the State of Illinois to have at least one designated employee who is educated about the Prioritization of Urgency of Need for Services (PUNS) database. The goal is to make sure children and caregivers are aware of this database which records information about individuals with intellectual and developmental disabilities in need of services. Read more about Senate Bill 2039.
Senate Bill 1558 - If passed, the Illinois Community College Board would be required to create a model program of study for college students to receive class credit that incorporates the training and experience necessary to serve as direct support professionals. If adopted, the program would begin in the 2026-2027 academic year. Read more about Senate Bill 1558.
Illinois Seniors and Residents With Disabilities May Qualify for Discounted License Plate Fees
Under a new law, drivers who qualify for the Illinois Department on Aging’s benefit access program will only pay $10 for their license plate renewal stickers. To qualify, residents must be at least 65 years of age, or 16 years of age with a disability, and meet specific income requirements. Those looking to qualify for assistance can visit the Department on Aging’s website or call the Senior HelpLine at 1-800-252-8966.
Indiana
New Toolkit Connects Disability Justice and Sexual Assault Awareness Month
Indiana Disability Justice released a free toolkit for people interested in building their skills in practicing primary prevention with people with disabilities.
The toolkit provides resources about:
- Creating protective environments and increasing social inclusion
- Promoting healthy sexuality
- Using accessible community and organizational evaluation
- Risk and protective factors
- Personal stories and knowledge from people with disabilities
Update: Senate Guts Bill to Create Standard Training and Abuse Tracking for Indiana Disability Caregivers
House Bill 1342originally would have created a registry within the Indiana Division of Disability and Rehabilitative Services (DDRS) to better record and track substantiated cases of abuse by Direct Support Professionals (DSPs). It passed the House, but a Senate committee voted to strip the registry provision out entirely. Rep. Julie Olthoff, the bill’s author, said the amendment was a response to organizations that employ DSPs fearing the proposed registry would create liability.
Michigan
Michigan Woman Makes History in Guardianship Case
Instead of putting Linda, a Dearborn Heights woman with an intellectual disability, under guardianship, a probate judge allowed her to retain her independence with something called Supported Decision-Making (SDM). 23 states have added Supported Decision-Making as an alternative to guardianship in relationship to their laws. Now, Linda wants Michigan to do the same and is already lobbying lawmakers to make changes.
“Carter Kits” Developed to Help First Responders Take Better Care of Patients With Autism Spectrum Disorder
North Country Community Mental Health (CMH) and Northern Lakes CMH have started providing Carter Kits to first responders. The kits contain sensory items that help distract children with Autism Spectrum Disorder (ASD) from the stress of being involved in an emergency situation. Additionally, both CMH's are taking great strides in providing training to first responders and emergency medical services (EMS) workers to ensure that they provide the best care, not only to children with ASD, but to all children and adults with neurodivergence or sensory issues.
Minnesota
Olmsted County Continues to Focus on Training Jail and Law Enforcement Staff to be Mindful of Disabilities
“It’s scary to go to jail for anybody, but then you add somebody who doesn’t really understand what’s happening, and that makes it even scarier,” Olmsted County Sheriff’s Capt. Macey Tesmer said. That is why protocols like strip searches must be handled carefully. Having a manual with pictures helps explain to detainees what is happening and why. Olmstead county also has social workers and aids such as fidget spinners and weighted blankets available. According to Capt. Tesmer, their training program is working, with the team focusing on individual needs and what might help the process along.
Read more about Olmsted County disability awareness training for jail and law enforcement staff.
Grant Program Provides Relief to Communities Affected by the Opioid Crisis
The Minnesota Department of Human Services (DHS) is awarding $5.7 million to 12 grantees to expand services in communities bearing the greatest burdens of the opioid crisis. These communities include American Indian and Black Minnesotans who are more likely to die from a drug overdose. The new grants will support culturally specific practices, including primary prevention and overdose prevention, workforce development and training, and expansion and enhancement of the continuum of care.
Read more about the grant program's focus on opioids and vulnerable communities.
Ohio
It's Not Enough to Know What Intellectual and Developmental Disabilities Are
Kim Hauck, Director of the Ohio Department of Developmental Disabilities, explains the importance of advocacy and awareness when it comes to making Ohio more inclusive to persons with disabilities. Hauck specifically highlights two items in the proposed state budget that were the direct result of advocacy: the addition of universal changing tables in public spaces and representation on county boards of developmental disabilities. She also shares tips for how to be more supportive of people with disabilities.
Keeping Students with Disabilities On Track for Graduation
The Ohio Department of Education, through its Office for Exceptional Children, is implementing a comprehensive State Systemic Improvement Plan to boost the educational results of Ohio’s students with disabilities. The plan focuses on improving the graduation rate of students with disabilities as well as improved postsecondary education outcomes for students with disabilities. Certain parts of the previous State Systemic Improvement Plan will be expanded to target high school-level students with disabilities, families, school personnel and other agency partners.
Wisconsin
Governor Evers' Proposed 2023-2025 Budget Has Focus on Healthcare
Gov. Evers’ 2023-2025 “breakthrough budget” leverages Wisconsin’s unprecedented surplus to make substantial investments in Wisconsin’s health care, behavioral health, public health, and long-term care systems, as well as in initiatives that would advance equity and reduce disparities in the state.
What's included in the budget?
Why Some Wisconsin Residents with Mental Disabilities Lose Voting Rights and How They Can Restore Them
Under some laws in Wisconsin, a court may determine someone is mentally incompetent to vote. Other states, disability rights advocates and legal experts disagree over whether—and to what extent—people with mental disabilities should lose their voting rights. For instance, ten states—including neighboring Illinois and Michigan—place no disability-related restrictions on voting rights. This article explains voting competency in Wisconsin, how residents can lose their voting rights due to a mental disability, and how people with these disabilities can restore their voting rights.
Read more about how Wisconsinites with mental disabilities can restore their voting rights.
ADA Cases
Title I: Employment
Heartfelt Home Healthcare Services Settles Lawsuit with Former Pregnant Employee
The Pennsylvania home healthcare provider, Heartfelt Home Healthcare Services, Inc., will pay $20,000 to a former pregnant employee with hypertension who was fired after being told she was a "liability to the company" due to her condition. This conduct violates Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination in employment, including on the basis of pregnancy, childbirth and pregnancy-related medical conditions, and Title I of the Americans with Disabilities Act of 1990, which prohibits discrimination based on disability, including pregnancy-related disability.
Disability Discrimination Lawsuit Filed Against South Carolina Walmart
The complaint alleges that Walmart failed to provide an employee with reasonable accommodations for her disabilities and punished her by assigning her attendance points and ultimately firing her because of her disabilities, stating that the employee was “not benefitting Walmart right now.” This practice is part of Walmart's “no-fault” attendance policy, which assigns attendance points for unscheduled absences.
Title II: State and Local Government
City of Chicago Fails to Provide Accessible Pedestrian Signals
In April of 2021, the Justice Department moved to intervene in a disability discrimination lawsuit that people with visual disabilities brought against the City under the ADA and the Rehabilitation Act. The complaint alleged that the city failed to provide people who are blind, have low vision or who are deaf-blind with equal access to pedestrian signal information. While Chicago currently provides sighted pedestrians visual crossing signals at nearly 2,800 intersections, the suit alleged that — at the time it intervened — fewer than one percent of those signals were equipped with Accessible Pedestrian Signals (APSs) for people who are blind or have low vision.
The City University of New York Enters into Voluntary Agreement
The City University of New York (CUNY) entered into a voluntary compliance agreement to provide individual relief to a student with visual impairments who was excluded from full participation in their academic courses. They will also implement systemwide policies to ensure future compliance with the ADA across CUNY’s 25 colleges in the five boroughs of New York City which collectively serve 243,000 students.
Lawsuit Alleges Chicago Public School Teacher Abused Students with Disabilities
A teacher at Whistler Elementary School has been accused of mentally and physically abusing young students with disabilities. The lawsuit was filed on behalf of eight parents and guardians of children in grades kindergarten through second grade. The suit alleges the teacher routinely “administered harmful, physical and violent corporal punishment,” including striking students with her hands and wooden rulers. Chicago Public School (CPS) released a statement saying the teacher has been removed from the school while it investigates the allegations.
Title III: Public Accommodations
Suit Filed Against CVS Regarding Allergy-Related Disability Discrimination
A suit was filed against CVS and its prescription drug arm Caremark after a pharmacist allegedly failed to accommodate a woman who experiences anaphylaxis when exposed to certain allergens such as milk and corn. The individual states she asked the pharmacist to check the drug formulas of her prescribed medication to determine if it included milk or corn. According to her suit, the pharmacist rejected her request and was outwardly "belligerent" regarding her allergen concerns.
Q&A of the Month
Question: Are asthma and allergies covered under the Americans with Disabilities Act (ADA) as disabilities?
Answer: Individuals with asthma and/or an allergy usually are covered by the ADA depending on the severity of the person’s condition, even if their symptoms are controlled by medication and/or diet.
The ADA defines disability as a physical or mental impairment that substantially limits one or major life activities (e.g., breathing, eating, etc.). Major life activities include your body’s own internal processes (e.g., respiratory system, gastrointestinal tract, cardiovascular system, etc.). The ADA also covers episodic conditions, such as asthma and allergies, that only occur at certain times.
Examples of conditions that would not be considered substantially limiting would include a mild allergy to pollen or mild food sensitivity.
Asthma is a chronic lung disease characterized by episodes of airway narrowing and obstruction which can cause wheezing, coughing, chest tightness, and shortness of breath. For some people, asthma is a minor nuisance. For others, it can be a major problem that interferes with daily activities and may lead to a life-threatening asthma attack. Asthma can also change over time and be impacted by other conditions such as Long COVID.
Allergy is an overreaction of the immune system to certain foreign substances or food (i.e. allergens). The immune system creates antibodies that identify these allergens as harmful which can result in a rection such as inflamed skin, sinuses, airways, or inflammation of the digestive system. Allergic reactions can range from mild to severe. In some cases, allergies can trigger a life-threatening reaction known as anaphylaxis. Types of allergies include allergic rhinitis , food allergy , insect sting allergy , drug allergy , and atopic dermatitis.
For more information, check out the Asthma and Allergy Foundation of America’s article on the ADA
Resource of the Month
May is Mental Health Awareness Month!
One in five American adults experiences a mental health condition each year, the vast majority of whom are working age. The Office of Disability Employment Policy has developed a one-page guide, Fostering a Mentally Healthy Workplace, that addresses ways in creating a supportive and inclusive workplace environment.
In honor of Mental Health Awareness Month, register for our ADA Audio webinar, Mental Health First Aid in the Workplace (May 16, 2023). This session aims to teach attendees what Mental Health First Aid (MHFA) is and how it prepares you to manage mental health challenges including early signs and symptoms all the way to crises like panic attack, overdose and someone’s thoughts of suicide.
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 that Lincoln Park Zoo has a fully Accessible Treehouse For Children? Learn more about Lincoln Park Zoo's Fully Accessible Treehouse!
Our Arts-n-Rec session, For All: How Lincoln Park Zoo Creates Full, Just, and Integrated Accessibility, addresses how the Lincoln Park Zoo ensures full, just, and integrated access to all zoo experiences.
