June 2023

Volume 16 Issue 9 

 

The Olmstead Decision: Honoring 24 Years of Disability Integration

June 22nd marks the 24th Anniversary of the Olmstead Decision, a historic Supreme Court ruling which held that unjustified segregation of persons with disabilities is considered discrimination under the ADA. This decision argued that institutionalizing persons with disabilities who could otherwise benefit from community-based settings and services severely diminished their quality of life, including access to everyday activities, family relationships, social contacts, work options, economic independence, educational advancement, and cultural enrichment.

Read more about community integration and the Olmstead decision.

Join the ADA 33rd Anniversary Celebration!

The ADA National Network (ADANN) has launched their ADA Anniversary toolkit in preparation for this year's celebration on July 26th. The toolkit was designed to help individuals and organizations plan events and celebrate the anniversary. This kit provides resources in the following areas:

• Media -- Press releases, social media tips, person first language guides, etc.
• Events -- National event and training calendar
• Publications -- Information on the ADA and a special tribute honoring the life of Judy Heumann (1947-2023)
• And Much More!

Check out the ADA Anniversary Toolkit and start planning your ADA33 event today!

Sickle Cell Anemia: How a Genetic Advantage Became a Disability 

June 19th commemorates both World Sickle Cell Awareness Day and Juneteenth, a federal holiday recognizing the emancipation of enslaved African Americans. Sickle cell affects millions of people worldwide but is particularly common amongst those who can trace their ancestry back to Africa as well as parts of the Mediterranean, Middle East and India.It is believed that sickle cell anemia originated in these locations in response to malaria. People with the sickle cell blood mutation were less vulnerable to malaria which allowed this trait to thrive, despite its potentially disabling effects. However, when African people migrated or were enslaved and transported to places where malaria was uncommon, like the United States and Europe, they no longer benefited from the protection of the sickle cell mutation.

Read more about how one African child's sickle cell mutation helped protect the world from malaria. (Article may require subscription to view)

Deaf-Blind Awareness Week and Effective Communication Month

June 25th marks the start of Helen Keller Deaf-Blind Awareness Week which also falls at the very end of Effective Communication Month. Deafblind communication has evolved significantly over time and now includes a variety of methods depending on an individual's combined vision and hearing loss, their educational background, their ability to rely on their eyes and ears, and whether the person had acquired language before becoming deafblind. Perkins School for the Blind was a pioneer in the field of deafblind communication and even produced the teacher who taught Helen Keller how to communicate, Anne Sullivan.

Under the ADA, covered entities are required to provide effective communication to persons with disabilities, including people who are deafblind, through auxiliary aids and services.

Read more about Perkins School for the Blind and the evolution of deafblind communication.

Learn about the various methods that people who are deafblind use to communicate.

New Report: Nearly Half of Workplace Accommodations Have No Cost

The U.S. Department of Labor (DOL) recently announced new report findings that nearly half of workplace accommodations made for people with disabilities can be implemented at no cost to employers, and of those that do incur a one-time cost, the median expense has decreased from previous reports to only $300. The report, "Accommodation and Compliance: Low Cost, High Impact," analyzed survey data collected from employers between 2019 and 2022. In addition to gathering information about the cost of accommodations, the survey explored the employers’ motivations for making accommodations, their effectiveness and benefits."

Read more about the DOL report on workplace accommodations.

Proposed Legislation: Guardianship 'Bill of Rights'

This proposed legislation would seek to eliminate guardianship abuse by creating a national council charged with promoting less restrictive arrangements for people living under or being considered for court-ordered guardianships. The council would recommend practices that would help to end, avoid or modify guardianships as well as collect data on both the state and national level in order to close the large data gap that currently exists.

Read more about this proposed guardianship legislation

Improving Career Opportunities for Students with Disabilities 

Whether it's at the elementary, high school or college level, Illinois has made recent strides to eliminate barriers and improve career outcomes for students with disabilities

Newly Passed Bill Develops Career Options for Children with Disabilities 

Illinois Senate recently passed House Bill 3224, which states that as part of an Individualized Education Plan (IEP), a school district shall provide students and their parent or guardian with information about the district's career and technical education opportunities as well as the dual credit courses offered by the school district. 

Colleges Reexamine Career Services to Boost Employment of Students with Disabilities 

Despite growing numbers, college students with disabilities are often overlooked in the context of campus support for career development. A practice brief, entitled Understanding Career Development Pathways of College Students with Disabilities Using Crip Theory and the Theory of Whole Self, was written by researchers at the University of Illinois Urbana-Champaign and seeks to provide a framework as well as a set of recommendations for higher education institutions to better support the career development needs of students with disabilities.

Push to Increase Pay for Direct Care Workers

More than 12,000 people with developmental or intellectual disabilities are on a massive waitlist to receive state services. One reason the state can't move people off the waitlist is because organizations don't have enough staff due to low or stagnant pay. The Illinois Association of Rehabilitation Facilities has also stated that direct care workers leaving the industry for less stressful jobs is causing families to depend on each other to provide support. In response, advocates have asked state lawmakers for an additional $85 million which would give direct care workers a $4-per-hour raise.

In a statement from Governor Pritzker's Office, it was noted that the Pritzker administration along with a majority in the General Assembly has implemented a series of investments (phased in over a five-year period which began in FY22) to adequately fund facilities that provide services for developmentally disabled individuals.

Learn more:

• Advocates Say Illinois' System to Help People with Developmental Disabilities Needs Fixing, Funding 
• Disability Worker Shortage Putting Pressure on Family Caregivers 

State Leaders Hope Housing Development is Model for Intellectual, Developmental Disability (IDD) Population

A development project in the City of Carmel by Old Town Companies will provide 40 affordable units across its campus for the IDD population. Old Town CEO Justin Moffett said he wants to show other developers that, in his words, “It’s possible to do well, while doing good.” Moffett said the scale of the project wouldn’t have been possible without financial help from the Indiana Housing and Community Development Authority. “I’m a big believer that it’s the private sector that drives progress," Crouch said. "Government can be a catalyst and we can be a willing partner – and that’s what we’ve seen here.”

Reform of HIV Criminalization Laws Still On the Horizon

Although House Bill 1198 passed in Indiana's House of Representatives, it did not clear the Senate which means advocates fighting for HIV criminalization reform will have to wait for a new legislative cycle to try again. However, this does not stop advocates like HIV Modernization Movement-Indiana (HMM) from fighting for change. 

If passed, the law would have eliminated the escalated felony charge applied to people living with HIV who spit on or put other bodily fluids on another person, with the exception of blood. It would have also removed the felony charge applied to individuals who knowingly donate blood containing HIV. Medical officials and blood-safety experts have argued that modern testing protocols currently prevent blood donations containing the HIV virus from being used.

Melissa Keyes, the Executive Director for Indiana Disability Rights, wrote and submitted a letter to Indiana’s legislature explaining why the over 20-year-old regulations are not needed and could violate the Americans with Disabilities Act (ADA).

Read more about reforming HIV criminalization laws in Indiana.

Update: Law Passed to Track Substantiated Cases of Abuse and Neglect by Direct Support Professionals

Governor Holcomb signed HB 1342 into law on May 4th, 2023. It requires the Division of Disability and Rehabilitative Services to create a registry to track substantiated cases of abuse and neglect by direct support professionals, consult with stakeholders, and establish a tiered training certification program for direct support professionals.

Michigan Resources for Growing Aging Population

As the aging population grows, Michigan has worked to develop more age-friendly policies and communities. Learn about the ways Michigan is preparing to address the needs of their aging population below:

Michigan Prepares for a Rapidly Aging Population by Becoming More "Age-Friendly"

Michigan Department of Health and Human Services (MDHHS) and AARP-Michigan have teamed up to develop the Michigan Age-Friendly Action Plan, a blueprint that guides communities through creating age-friendly-everything policies and infrastructure such as access to home care services, affordable housing, dementia-related resources, age-friendly hospital systems, and more. 

Disability Advocates Kent County Helps Low-Income Seniors Age in Place

Disability Advocates Kent County is entering year two of a three-year $975,000 grant from the U.S. Department of Housing and Urban Development (HUD) that enables the organization to make safety and functional home modifications and limited repairs for low-to-moderate-income senior homeowners. These modifications help aging Michiganders across multiple counties remain in their homes.

Justice Bernstein Brings a Perspective of Inclusion to Court 

Justice Richard Bernstein, who has been legally blind since birth, has been an advocate for people with disabilities most of his legal career. Bernstein believes one of the most important attributes he brings to his role as a justice on Michigan’s highest court is the perspective of someone navigating life with a disability.

In one of his high-profile victories in private practice, Justice Bernstein helped set the standard for disability accommodations for commercial facilities by representing the Paralyzed Veterans of America in a case against the University of Michigan. The legal victory was considered groundbreaking because it set precedent for the uniform distribution of accessible seating in stadiums. It now serves as a blueprint for stadiums and other public facilities to ensure accessibility. 

No one likes to feel excluded, Bernstein stresses. While nearly everyone has been left out at some time in their life, a disability can make it an everyday experience. 

Learn more about Justice Bernstein's perspective on inclusion in the Court System.

Deaf, Deafblind, and Hard of Hearing Minnesotans Honored at Rally Day

Hundreds of Minnesotans who are deaf, deafblind, and hard of hearing as well as their family and friends gathered for their annual rally this spring, with the theme of “Access Empowers Us.” Not only did the large crowd advocate for pending legislation, but they also took time to honor those who make a positive difference for their community. Several Minnesotans were recognized for their contributions to the deaf, deafblind, and hard of hearing communities through advocacy, community engagement, education, improving accessibility, and other activities.

Learn more about the Minnesotans Honored at Rally Day.

Learn About ‘Long COVID’ and the Many Available Resources

The Minnesota Department of Health (MDH) has teamed up with Stratis Health and consultants to form a network of 20 primary care providers and specialists known as the Long COVID Guiding Council. The focus of the Guiding Council will be to develop strategies to educate providers and improve access to quality Long COVID care. 

To better understand the lasting effects of COVID-19 on the lives of Minnesotans, MDH has also launched two post-COVID surveys among people who have had COVID-19 – one statewide and one in McLeod County. The surveys will explore long-term symptoms of Long COVID and how this has affected their lives. Results of the surveys are expected to be available later this year and will be used to identify and guide future MDH actions to address long COVID. 

Learn more about Long COVID and the Long COVID Guiding Council.

Ohio House Passes Budget Including Historic Investments

House Bill 33, which establishes the operating state budget for fiscal years 2024-2025, was passed and sent on to the Senate for review.

Currently, the budget includes historic investments like:  

• Raising average wages for direct care workers to $17 an hour in 2024 and $18 and hour in 2025;
• Increased funding for centers for independent living;
• New funding for support service professionals for DeafBlind Ohioans;
• Increased state investments for vocational rehabilitation services drawing and the entire federal match; and
• Reducing the age cap for Medicaid buy-in for workers with disabilities.

Read more about these historic disability-related investments.

Ohio Election Law Changes Impact Residents with Disabilities  

Ohio is changing its election laws, making it the strictest state in the country for voters when it comes to rules people have to follow. 

In years past, residents with disabilities who did not have a driver’s license or state issued ID could vote using bank statements and other government issued documents. When people go to the polls for this upcoming election and all future times to make their voice heard, bank statements and government documents will no longer be accepted. 

Ohio is also changing the process for absentee ballot voting. Ohio residents now have to request the absentee ballot seven days before the election rather than the Saturday before the election

Learn more:

• Ohio Election Law Changes Impact Residents with Disabilities.
• Ohio Has a New Voter ID Law

Disability Rights Wisconsin (DRW) Has New Guardianship and Voting Resources 

A Disability Rights Wisconsin (DRW) guide on  How to Keep the Right to Vote in a Guardianship Case Case provides information about how to retain the right to vote when a court is deciding whether to appoint a guardian.

Guardianship and Voting – Resources for Attorneysis also available in DRW’s Resource Center on their website and includes materials on the voting rights of proposed wards and wards for attorneys serving as advocate counsel in guardianship cases. These materials are focused on restoring voting rights that were removed in the initial guardianship proceeding as well as arguing that voting rights should not be removed when a guardian of the person is being appointed.

Competency, Guardianship, and Voting informational brochures have also been updated with new information regarding Wisconsin’s guardianship system. Links to accessible English and Spanish versions of the brochures are available on their website.

To request printed copies, contact Disability Rights Wisconsin at info@drwi.org.

Advocates Tackle Intersection of Sexual Violence and Disability  

Disability rights advocates hosted a virtual conversation aimed at finding resources and strategies to prevent sexual violence and help Wisconsin become safer for people with disabilities. During the event, hosted by People First Wisconsin and the Wisconsin Board for People with Developmental Disabilities, panel members explained that people with disabilities are more vulnerable to sexual assault than non-disabled populations. One of the biggest challenges people with disabilities face when they come forward is not being taken seriously by law enforcement who cite lack of evidence or simply discredit the validity of the person's account. 

Intersectionality was also a focus of this conversation, with the Milwaukee LGBTQ Community Center highlighting unique struggles LGBT individuals with disabilities face regarding sexual violence. 

Read more about the intersection of Sexual Violence and Disability. 

Mead Johnson & Company Sued for Failure to Accommodate

The baby formula manufacturer, Mead Johnson & Company, was recently charged in an EEOC lawsuit for failing to accommodate an employee who experienced an infection after major foot and ankle surgery. The employee requested a six-week work-hardening program which would gradually increase her hours over time. This was denied and the employee was put on short-term disability leave with the promise that her job would be held. However, according to the suit, the company posted the employee's job as vacant without advance notice and gave the employee 30 days to bid on another position or she would be terminated.

Goodwill Industries of Southeastern Louisiana to Pay $60,000 in Disability Discrimination and Retaliation Lawsuit Settlement

According to the EEOC’s lawsuit, Goodwill fired an employee who suffered an ankle injury after being promoted to manager of a Goodwill store in New Orleans. The manager sought to return to work shortly after her injury, and when she had obtained a full release from her doctor, Goodwill told her she had been terminated. The manager reapplied for her position but was not rehired. The EEOC argued that the termination and refusal to rehire the manager was due to her ankle injury and as retaliation for requesting a reasonable accommodation. Under the settlement, Goodwill will pay the former employee $60,000 in back pay and damages and will post a notice that affirms its obligations under the ADA.

Hobby Lobby Will Pay $50,000 to Settle Lawsuit Alleging Denial of a Service Dog as a Reasonable Accommodation

The arts and crafts retailer store will pay $50,000 after their Olathe, Kansas store allegedly failed to allow a part-time clerk to use her service dog on the job as a reasonable accommodation for her disabilities. After the clerk provided the requested medical documentation to support her request, the company’s district manager and human resources decided that the dog would present a safety issue, even though customers were permitted to bring service and pet dogs to the store. Hobby Lobby ultimately fired the clerk when she advised the company she could not work without her service dog.

Disability Groups File Lawsuit Claiming California's Assisted Suicide Law Discriminates Against Them

A lawsuit filed by four disability rights groups argues that California's End of Life Option Act puts disabled people at a greater risk of being coerced into seeking assisted suicide. The lawsuit says people with disabilities often face a denial or shortage of the medical and home health care they need and, as a result, may be quicker to seek assisted suicide. In addition, supporters of the suit argue that the "crisis standards of care" issued by some states during the pandemic show that the system is biased against disability and too quick to offer death as an appropriate outcome to persons with disabilities experiencing a health crisis. People who work with California's assisted suicide law acknowledge the healthcare disparities but say the state's end-of-life law is set up to avoid abuse and discrimination, citing that having a disability alone would not qualify someone for assisted suicide and that two doctors would need to confirm that someone is terminally ill and mentally competent to choose to die.

Washington School District to Remedy Discriminatory Seclusion and Restraint Practices in Department of Justice Settlement

Spokane Public Schools has entered into a settlement agreement with the Department of Justice that will eliminate the use of seclusion and reform the district's restraint practices. The department’s investigation concluded that the school district went against state law and district policy by inappropriately and repeatedly secluding and restraining students with disabilities in non-emergency situations. As a result, students with disabilities missed hundreds of hours of instructional time. Under the settlement, Spokane Public Schools has agreed to overhaul its restraint practices and better train staff on how to anticipate, address and de-escalate students’ disability-related behaviors through effective and appropriate interventions and supports. 

U.S. Supreme Court to Weigh In on Whether ADA Accessibility "Testers" Have Standing to Sue

In the case of Acheson Hotels v. Laufer, the United States Supreme Court has agreed to weigh in on whether someone who has no intention of using a service or buying a product has standing to file an ADA accessibility lawsuit. There has been an increase in these kinds of "tester" cases filed by repeat plaintiffs who have no intention of visiting a business or obtaining goods or services. Instead, these individuals seek out potential violations and file lawsuits, often for the sole purpose of bringing entities into compliance with the ADA. The question being debated amongst the various courts is the necessary level of "injury" or harm an individual must experience in order to bring on an ADA accessibility lawsuit.

Dearborn Obstetrics and Gynecology Office Resolves ADA Complaint Alleging Failure to Provide an ASL Interpreter for Effective Communication

The Michigan medical provider reached a resolution with the U.S. Attorney's Office regarding a former patient's allegation that the business violated the ADA. The complainant, who is deaf and utilizes American Sign Language (ASL) as her primary means of communication, alleged that Obstetrics and Gynecology, P.C. failed to provide her with free ASL interpretation services and dismissed her as a patient due to her disability. The ADA requires places of public accommodation, including medical practices, to provide the necessary auxiliary aids and services to ensure that communication with persons with disabilities is effective. 

National Migraine and Headache Awareness Month: Accommodating Employees with Migraines

Migraines are recurring primary headaches that can cause severe throbbing or pulsing pain, and often come with additional symptoms such as nausea, light and noise sensitivity, weakness, and fatigue. If an employee discloses that they experience migraines which substantially limit a major life activity, this could be considered a disability under the ADA and the employee may be entitled to reasonable accommodations in the workplace.

The Job Accommodation Network (JAN) provides information about possible workplace accommodations for employees with migraines, however, each accommodation request from an employee must be evaluated on a case-by-case basis.

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:

Our research team developed a new resource for ADA transition planning for public rights-of-way titled, Creating High-quality ADA Transition Plans for the Pedestrian Environment: A Casebook of Success Stories. The casebook is based on interviews with 13 municipalities who have implemented high-quality transition plans and highlights best practices for ADA transition plan development regarding public rights-of-way.