October 2023

Volume 17 Issue 1 

 

National Disability Employment Awareness Month (NDEAM)

The theme for National Disability Employment Awareness Month (NDEAM) 2023 is "Advancing Access and Equity." The Office of Disability Employment Policy (ODEP) has provided NDEAM resources on their website in both English and Spanish including the 2023 poster.

ODEP also provides a list of NDEAM celebration ideas for employers and employees, educators, state governments, policymakers, unions, and more! This includes their 31 Days of NDEAM with daily activities an organization can do throughout the month. ODEP has also included a list of year-round strategies for employers to advance disability inclusion in their organizations.

The Great Lakes ADA Center will be hosting the following free employment-related webinars in October (registration is required):

• Wednesday, October 11, 2023 – Ask an ADA Professional Questions RE: The Interactive Process for Employment Accommodations
• Tuesday, October 17, 2023 – Disability and Employment in Large Businesses: Researching Pathways to Inclusion

Watch the 2023 NDEAM video created by ODEP.

Mental Health Trends and Resources for Adults with Disabilities

Depression Education and Awareness Month and World Mental Health Day are both recognized in October. In 2018, a study found that adults with disabilities reported experiencing more mental distress than those without disabilities. The COVID-19 pandemic also impacted the mental well-being of people with disabilities through isolation, disrupted routines, and diminished health services. Many organizations, like the Center for Disease Control and Prevention (CDC), offer resources on coping with stress, managing your risk of depression, and other mental health topics, but these resources often do not address the diverse needs and challenges faced by persons with disabilities.

To help address this issue, the CDC funds two organizations that focus on improving the health and quality of life of people with disabilities:

• The National Center on Health, Physical Activity and Disability (NCHPAD) is a public health practice and resource center providing individualized services to people with disabilities as well as their families, caregivers, policymakers, etc. Contact NCHPAD toll-free at 1-800-900-8086 (voice and TTY), or by sending an email to email@ncpad.org.
• The Special Olympics, known for their disability sporting events, also offers programming focused on improving the physical and social-emotional well-being of people with intellectual disabilities. Find your local Special Olympics program for more information on resources and events.

Read more about the Mental Health of People with Disabilities and the resources available through the CDC.

Proposed Updates to Improve Medical Equipment Accessibility

50 years after Section 504 of the Rehabilitation Act was enacted, the U.S. Department of Health and Human Services (HHS) has announced significant updates to address disability discrimination in healthcare. In the proposed rule, HHS outlines a targeted strategy to address the lack of accessible medical equipment for people with disabilities. Most notably, this includes the establishment of enforceable standards for accessible medical equipment based off the guidance provided by the U.S. Access Board. Input from the public on these guidelines is encouraged. The deadline to provide public comment is November 13, 2023. Interested individuals can submit a formal comment on the Section 504 HHS proposed rule via the Federal Register.

Read more about the HHS Rule to Improve Medical Equipment Accessibility and how to submit a public comment.

First U.S. Airline Adds Braille to Aircraft Cabin Interiors

National Braille Week runs from October 10-16 this year with the most recent Braille-related news coming from the airline industry. United made history in July of 2023 when it became the first U.S. airline to add Braille to the interiors of about a dozen of its aircraft. The tactile signage marks individual rows and seat numbers as well as the inside and outside of lavatories. In addition to adding Braille, United is working with the National Federation of the Blind (NFB), the American Council of the Blind (ACB) and other disability advocacy groups to explore the use of other tactile navigational aids throughout the cabin such as raised letters, numbers and arrows. United plans to add Braille to its entire mainline fleet by the end of 2026.

Read more about the addition of Braille on United planes as well as the other accessible features of the airline.

Funding Awarded To Improve Career Outcomes for Students With Disabilities

The U.S. Department of Education’s Rehabilitation Services Administration (RSA) announced it will provide funding to 20 model demonstration projects focused on improving economic self-sufficiency outcomes for children and youth with disabilities. This is the largest discretionary grant ever administered by RSA and has been provided to projects that will use the Pathways to Partnerships model which supports collaborative partnerships between state vocational rehabilitation agencies, state and local educational agencies, and federally funded centers for independent living to help individuals with disabilities seamlessly transition to life after high school. The Illinois Division of Rehabilitation Services was awarded $10 million in funding through this grant. Throughout the five-year project period, funding recipients will pilot, refine, and implement their proposed projects while also collecting and analyzing project data.

Read more about the Pathways to Partnerships project grant.

Aging Inmates and Prisoners with Disabilities: Needed Infrastructure Repairs & Concerns About Medical Release Law

An Illinois Department of Corrections report conducted by a consulting company rated the infrastructure of 3 out of their 27 facilities as nearly “inoperable” and estimated the prison system has at least $2.5 billion of “deferred maintenance," the highest out of any state agency. That number is expected to double in five years if unaddressed. About 32% of the inmate population is now over the age of 55 and are now more likely to become sick or have disability-related needs. However, most of the state’s prison facilities were built before the ADA requirements for accessible facilities were in effect, such as requirements for wheelchair-accessible toilets and showers.​

Read more about the conditions in Illinois prisons and the recommendations to address them.

Under the Joe Coleman Medical Release Act, Illinois prisoners can request early release if they’re terminally ill and expected to die within 18 months or if they’re medically incapacitated and need help with more than one activity of daily living, such as eating or using the bathroom. Many talked about this law as an effective way to take pressure off the state’s prison health care system, reduce costs of caring for ailing people in prison, and reunite families with frail loved ones. But a year-and-a-half since the law went into effect, far fewer prisoners have been released than expected. Advocates claim the Prisoner Review Board is undermining the purpose of the Act and want lawmakers to make changes to the law to encourage the Board to release more people.

Read more about the proposed changes to the Coleman Act. 

Election Day Resources for Hoosiers with Disabilities 

This election season, Indiana Disability Rights is working to increase voter participation from Hoosiers with disabilities who feel left out of the process. One way to achieve this goal, was to host "Beyond the Ballot" a nonpartisan online recorded session as an opportunity for people to take a deep look at how decisions are made at the Indiana statehouse as well as on a national level. The session includes a brief refresher on disability voting rights, how to be a poll worker, and ways to volunteer for a political campaign. One of the speakers, Grace Kestler, also shares her experience as an elected official with a disability. Indiana Disability Rights #HoosiersVote website provides information and resources to help Hoosiers with Disabilities exercise their right to vote in the upcoming election on November 7th. The deadline to register for the election is October 10, 2023.

Learn how to Vote early in Indiana.
Read more about “Beyond the Ballot.”

Toyota’s Disability Apprenticeship 

During a recent visit to the Toyota Motor Manufacturing facility in Indiana, Governor Crouch learned about the company’s apprenticeship program that invites people with disabilities to work alongside full-time workers. Crouch toured the facility where people with disabilities have created car seats and performed maintenance.

Toyota partners with The Arc Southwest Indiana which integrates people with disabilities into company operations and offers an Inclusive Talent Apprenticeship program with additional partners such as Hampton Inn, Vocational Rehabilitation, and Ivy Tech. In addition to the apprenticeship program, Toyota Motor Manufacturing Indiana (TMMI)’s Disability Hiring Initiative includes a transitional training program and has adapted its hiring process to ensure all applications are able to show their best skills.

Read more about Toyota’s disability apprenticeship.

Minnesota Interabled Couple Discusses Intimacy in Marriage

Shane and Hannah Burcaw, online content creators from Minnesota, answered fan questions about the sexual aspects of their relationship in a new video shared on their popular 'Squirmy and Grubs' YouTube channel. The pair have long been documenting the dynamics of their romance after coming under scrutiny when Hannah, a non-disabled person, began dating Shane who was born with spinal muscular atrophy (SMA), a neuromuscular disease that causes muscles to deteriorate over time. Shane and Hannah's latest video about intimacy in their marriage comes months after they revealed that they had begun the process of vitro fertilization (IVF). They explained how disability related treatments and aids like medication and prolonged wheelchair use can contribute to fertility issues but added that fertility can be difficult to discuss and that they would like to keep their family plans private moving forward. 

Teen Mental Health in Minnesota & Increased Use of 988

Mental health problems among students have steadily climbed over the past few years. According to a 2022 statewide survey conducted by the Minnesota Department of Education, almost one third of Minnesota high schoolers are battling mental health issues, a nearly 10 percent increase since 2016. Many factors play into this mental health crisis – such as lack of family support, the stigma surrounding mental illness (especially for boys), and the effects of the COVID-19 pandemic. Getting help quickly can be another problem due to the acute shortage of providers and other barriers such as finding providers who speak other languages. 

Read more about Minnesota teen mental health. 

Texts to Minnesota's suicide prevention and mental health hotline have increased more than 900% in the 10 months since the hotline rebranded to 988 last summer according to Minnesota Department of Health data. Calls, which comprise most of the contacts, have also doubled over that same period. The goal of the national 988 lifeline is to make it easier for people in need to get support via a 911-style hotline. The national 988 lifeline also has specific suicide prevention and other resources for young people.

Read more about the spike in calls and texts to 988 in Minnesota.

Tips on Transitioning to the Workforce for College Students with Disabilities

Michigan State University (MSU) Experts Connie Sung and Marisa Fisher co-direct the MSU Center for Services, Training and Research for Independence and Desired Employment (STRIDE). This center supports and trains underserved individuals with disabilities — including incarcerated people with disabilities – and other community stakeholders. In the article, these two experts share strategies for families to prepare students with disabilities to begin working. One recommendation is to ensure the student understands their disability rights under the ADA and other applicable laws which cover accommodation and non-discrimination requirements in higher education and employment.

Election Day Access Barriers Still Exist for Voters with Disabilities in Michigan

During the Nov. 8, 2022 general election, Detroit Disability Power partnered with The Carter Center to conduct an audit of 261 polling locations across 15 jurisdictions in Metro Detroit to determine whether they were accessible as required by law. Despite there being between 1.5 to 2 million residents in Michigan with a disability and approximately 129,000 residents with disabilities in Detroit alone, only 16% of the 261 polling locations audited were fully accessible. The good news is that 67 of the polling locations audited only had one access barrier and most of the issues observed at the polling locations in all 15 jurisdictions could be easily corrected.

While last year’s audit focused on polling locations in and around the Motor City, this isn’t just a metro Detroit issue. A lack of accessibility at voting polls exists across Michigan and the country, with national data from 2016 showing that 60% of polling locations in the U.S. had at least one access barrier or impediment. Detroit Disability Power is working with partners across the nation to conduct similar audits in other states and is also planning to conduct another audit in Michigan in 2024. 

Read more about breaking down barriers to voting for people with disabilities. 
Michigan Voter Information Center - Accessible Voting
Disability Rights Michigan Voting Resources
Michigan Department of State Elections 

Changes to Autism Scholarship Program Provides Opportunities to More Students

Changes to the Ohio Autism Scholarship in the new Ohio operating budget for the 2024 and 2025 fiscal years will go into effect October 3, 2023. Now, any student formally diagnosed as autistic qualifies for the Autism Scholarship. The Scholarship will also be available to students who have an IEP which “includes services related to autism.” 

It is important to note that families who take the scholarship lose many protections and rights provided under special education law. The blog post Your Rights on the Autism Scholarship or the Jon Peterson Scholarship provides a more detailed breakdown of how families rights are affected while taking a Special Education Scholarship such as the Autism Scholarship.

Read more about the changes to Ohio’s Autism Scholarship Program 

What Ohio Voters with Disabilities Need to Know for Election Day

In early 2023, Gov. Mike DeWine signed House Bill 458 that made changes to Ohio's voter ID requirements, early voting time periods, and Election Day voting options. Under the Help America Vote Act, Disability Rights Ohio is mandated to advocate for the rights of voters with disabilities and provides information about voter rights and assistance for people with disabilities. In preparation for the upcoming election, they have shared the following information:

Key points about the new voter ID requirements:

• Acceptable forms of ID required to vote under this new law are Ohio Drivers' License, State-issued Veteran ID, US Passport, State of Ohio ID.
• Forms of ID that are no longer considered acceptable include: Utility Bill, Bank Statement, County-issued Veteran ID, Paycheck, Other Government Documents.

Upcoming 2023 voter registration deadlines:

• Deadline to Register to Vote: October 10
• Early In-Person Voting: October 11 and includes the Saturday and Sunday before Election Day
• Absentee Voting By Mail: Begins October 11

Read more about voting information for Ohio voters with disabilities.

Veteran Mental Health Grant Funding

Governor Evers and the Wisconsin Department of Veterans Affairs (DVA) announced 16 nonprofit organizations are receiving Veteran Mental Health Community-Based Organization Grant funding to promote positive mental health through activities, programs, and services that enhance the emotional, psychological, and social well-being of Wisconsin veterans. Two additional veteran mental health grants were also announced for mental health providers—the Emergency Mental Health Grant to serve veterans with crisis or emergency mental health needs and the Ancillary Mental Health Grant for licensed providers to administer mental health services to veterans. Both mental health grant applications are due by Monday, October 9th at 4 p.m.

Also listed on WI-DVA grants webpage are two ongoing grants for Veteran employment: financial funding for retraining and employer funding for hiring veterans with a service-connected Federal VA disability rating of at least 50%. 

Read more about the 16 Veteran Mental Health Community-Based Organization funding recipients.

Updates for Wisconsin Voters with Disabilities

The U.S. Attorney’s Office for the Western and Eastern Districts of Wisconsin and the Department of Justice’s Disability Rights Section of their Civil Rights Division hosted a listening session for Wisconsin voters with disabilities to share their experience with barriers such as denials of their right to assistance with voting, problems with accessible voting equipment, the lack of an ADA accessible absentee ballot, restrictive photo ID requirements, polling place accessibility, failure to inform guardians and individuals who have a guardian about the status of their voting rights, and restrictions that limit the voting rights of people who live in a nursing home or group home. 

Additionally, Disability Rights Wisconsin provided public comments during the Wisconsin Elections Commission September meeting regarding the draft Administrative Rule on Election Observers, Mandatory Use of Uniform Instructions for Absentee Voting, and Updated Uniform Instructions for Wisconsin Absentee Voters.

Read Disability Rights Wisconsin Voting Listening Session Public Comments.
Read more about the Wisconsin Elections Commission September 2023 Meeting.
Disability Rights Wisconsin Voting Rights Toolkit.

EEOC Sues Olive Garden restaurant for Discriminatory Hiring Practices

GMRI, Inc., operating as Olive Garden, was recently charged in an EEOC lawsuit for subjecting a busser position applicant to discriminatory hiring practices. According to the suit, the general manager asked the applicant various illegal questions related to the applicant’s disability, including questions about his use of a cane to walk, what was “wrong with” the applicant, and how “bad” his disability was. In their charge, EEOC has argued that the restaurant declined to hire the applicant because of his disability and because of the disability-related information it learned from the general manager's illegal questioning. Title I of the ADA mandates that employers refrain from asking interview questions which are likely to reveal a disability prior to issuing an offer of employment.

United Labor Agency Will Pay $32,371 to Settle Case Involving Temporary Remote Work for an Employee with Cancer

The United Labor Agency (ULA), a Cleveland-based non-profit that focuses on workforce development, will pay $32,371 to settle a disability discrimination lawsuit filed by the EEOC. ULA allegedly discriminated against a long-time employee with breast cancer when it denied her reasonable accommodation request for temporary remote work and subjected her to intolerable work conditions that resulted in her discharge. ULA required its employees to return to in-person work after a long period of COVID-related telework and denied the employee’s request to remain on telework for several months while she was undergoing radiation treatments and was immunosuppressed.

Sinclair Broadcast Group to Pay $85,000 to Settle EEOC Disability Suit

A help desk technician was working for Sinclair Broadcast Group at an office located in Cockeysville, Maryland, when they were diagnosed with schizoaffective disorder. According to the EEOC, after Sinclair Broadcast Group learned of the help desk technician’s mental impairment, the company suspended and fired her. The consent decree requires Sinclair Broadcast Group to provide ADA compliance training, including anti-stigma training to protect employees with mental impairments from harassment, degrading conduct and discrimination in the workplace.

Jefferson County Officials Settle with Justice Department and Agree to Ensure Polling Place Accessibility

The Justice Department has secured an agreement under Title II of the Americans with Disabilities Act (ADA) with the Jefferson County, Kentucky, Board of Elections after identifying architectural barriers at numerous polling places in an ADA compliance review of Jefferson County Board's voting program. In addition, the department found that the board fails to provide privacy and independence to voters with disabilities. Under the terms of the settlement agreement, the Jefferson County Board will immediately begin remediating its voting program.

St. Vrain Valley School District Agrees to Provide Auxiliary Aids and Services to Parent with a Disability

The St. Vrain Valley School District has settled an ADA Title II complaint with the U.S. Attorney's office for the District of Colorado about providing auxiliary aids and services for effective communication. The complaint alleged that the school district failed to provide appropriate auxiliary aids and services for school-initiated meetings with a deaf parent of a student in the district. The agreement requires the school district to have in place a system for providing qualified interpreters, training, reporting, and the payment of compensatory damages. 

Court Finds State of Minnesota Unlawfully Denied Education to Special Education Students

A U.S. District Court Judge recently ruled in a class action lawsuit filed by Mid-Minnesota Legal Aid’s Disability Law Center that special education students are entitled to school instruction all days in an academic year leading up to their 22nd birthday. Under a state law, school districts had ended instruction for special education students on July 1 following their 21st birthday despite federal law entitling them to services through their 22nd birthday.

Class Action Lawsuit Against Wayfair Claims Website is Not Accessible to Blind and Low Vision Users

According to a class action suit filed in New York federal court, the online furniture retailer, Wayfair LLC, has violated the ADA by operating a website that is inaccessible to blind and low-vision individuals. When attempting to purchase a shoe rack, the plaintiff, who is a blind screen reader user, was unable to independently purchase the product online. She alleges the website was not built in a manner that is compatible with screen reading software and reportedly had missing alt-text, incorrectly formatted lists, unannounced pop-ups, and required the use of a mouse for some actions.

White Sox Sued Over Alleged Discriminatory Ticket Sales

A lawsuit filed by two Chicago area residents claims that White Sox do not offer the same season ticket opportunities for guests needing ADA accessible seating. The suit alleges that the ballpark's accessible season tickets aren't available to purchase online and that the plaintiffs were advised to call when only a limited amount of season tickets are made available over the phone. The plaintiffs are demanding that the team offer season tickets for wheelchair accessible seats on their website and all other ticket purchasing methods.

EARN Publishes New Resources on Workplace Flexibility

The Employer Assistance and Resource Network on Disability Inclusion (EARN) published a new webpage on the benefits of workplace flexibility, along with three accompanying issue briefs: s can ask service animal handlers while the new video tackles the topic of service animal documentation and ID cards. Both videos are available to view on the Great Lakes ADA Center YouTube channel and are provided in English, Spanish, and Audio Described versions.

• Caregiving and Workplace Flexibility 
• Equity in Workplace Flexibility
• Transportation and Workplace Flexibility

Visit the new webpage to learn more about workplace flexibility. 

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

This month we will be highlighting adaptive Halloween Costumes, image to the left: 

Target’s Adaptive Halloween Costumes are Back! Target first launched their adaptive and wheelchair-friendly costumes in 2019. This selection of costumes for kids and adults can be ordered online through Target's Adaptive Halloween Costume website.

Read more about Target's Inclusive Costumes as well as Target's selection of Kids' adaptive clothing.