News Highlights

New Clinic and Training Program Aim to Improve Care for People with Disabilities

A new UI Health clinic called the Lifespan Disability Clinic is designed to create welcoming spaces and lead to better health outcomes for patients with disabilities. At the clinic, patients with disabilities can access a wide range of practitioners under one roof. With the help of a $2 million five-year grant, the clinic will also bring medical students into the clinic for training on caring for patients with disabilities.

Massey’s Death Underscores State Delay in Launching Mental Health Response Program

The state Community Emergency Services and Support Act (CESSA) requires that mental and behavioral health calls made to 911 be handled by mental health professionals, rather than police. The law was supposed to go into effect on July 1, 2022 – two years before a woman having a mental health crisis named Sonya Massey was shot by a Sangamon County Sheriff’s Deputy. The struggle to implement CESSA has caused lawmakers to push back its effective date twice. Getting CESSA up and running has also been complicated by the multiple agencies involved.

Federal Judge Rules FSSA Must Provide Modified Relief for Families

During a court hearing in August, the American Civil Liberties Union of Indiana argued on behalf of the Indiana Protection and Advocacy Services Commission and two medically frail children that families needed more services than what the SFC program provides. Recently, the federal judge presiding over the attendant care lawsuit ruled that FSSA must arrange for families to receive in-home skilled nursing services on top of the SFA program.

‘Train 4 Life’ Program Offered to People with Intellectual Disabilities

‘Train 4 Life’ is a free Special Olympics wellness initiative that focuses on strength-building and holistic health habits for individuals with intellectual disabilities. ‘Train 4 Life’ offers a 12-week plan focused on fitness, nutrition, and mental health to Special Olympics athletes ages 13 and older. Learn more about adaptive exercise by checking out the Great Lakes ADA Center’s Art-n-Rec archived webinar on Adaptive Strength and Endurance.

Michigan Accuses OCR Of ‘Legal Gymnastics’ in Section 504 Proceeding

The Michigan Department of Education (MDE) remains steadfast that the U.S. Department of Education’s Office for Civil Rights (OCR) has no jurisdiction to hold the state accountable for alleged pandemic-era civil rights violations against students with disabilities. According to the article, OCR found that the state harmed students with disabilities by sending incorrect guidance to school districts about make-up services for instructional time lost during pandemic school closures. In a recent brief, the state faults OCR for relying on “dated and unpersuasive precedent” to make its case.

Promoting Health Equity for People with Disabilities and their Families

Cold and flu season is on its way and Michigan is preparing to fight it by offering mobile health clinics to seniors and people with disabilities who face barriers to accessing office-based care. Disability Rights Michigan and Autism Alliance of Michigan have also created the MVP (Most Valuable Provider) certification as a model to advance health equity for people with disabilities.

MN Department of Human Services (MDHS) Investigating 15 Autism Service Providers

The state of Minnesota is investigating 15 autism providers for Medicaid-fraud. DHS administers Minnesota’s version of Medicaid, known as Medical Assistance, which is a federal-state health plan for poor and disabled people. DHS has already withheld payments due to credible fraud allegations under previous investigations. The FBI is also investigating possible fraud in Minnesota’s autism services program, which has exploded in growth since launching in mid-2015.

Research Uncovers Possible Link to COVID-19-Related Brain Fog

The study lead, Maxim Cheeran, says “We now know that viral infection in the lungs can cause inflammatory changes in the brain, affected by the age and sex of the patient. With this model, we can … start development on targeted treatments to mitigate the impact of COVID-19 on the brain.” These findings also allow for more accurate vaccine development. The research team has another study underway that could shed light on the persistence of these symptoms in individuals experiencing long COVID, including the long-term impacts on neurocognitive behavior and memory loss.

Federal Judge Tosses Ohio Voting Restrictions on Voters with Disabilities

A federal judge has struck down part of Ohio’s sweeping 2023 election law, which voting rights groups say restricts people from helping voters with disabilities cast absentee ballots. Voting advocates argued that the law went too far by prohibiting anyone but a few qualifying family members from helping people with disabilities deliver their ballots, excluding potential helpers such as professional caregivers, roommates, in-laws, and grandchildren.

Disability Rights Ohio (DRO) Free Education Legal Clinic Series

DRO has partnered with organizations to provide a Free Education Legal Clinic series for parents and guardians of children with disabilities including virtual workshops. Individuals can also schedule one-on-one guidance sessions with attorneys to receive more personalized assistance. Recordings of previous DRO workshops are available free on demand.

Wisconsin Voting Access Ruling and Complaint on Behalf of People with Disabilities

A Wisconsin judge refuses to pause absentee voting ruling sought by disabled people, saying putting his ruling on hold “would inflict significant harm on both the disability rights advocates and the public interest.” It will now be up to the state appeals court to decide whether to pause the ruling that opens up a new way for an unknown number of disabled voters to cast their ballots before the November 5th election. The town of Thornapple could face legal action from the Department of Justice for its refusal to offer voters with disabilities electronic voting machines instead of paper ballots. According to a complaint with the Wisconsin Elections Commission against the Town of Thornapple, the town did not offer a different accessible voting system when it decided to remove electronic voting equipment from their polling place.

Task Force on The Healthcare Workforce Issues Recommendations in Its Final Report

The Governor’s Task Force issued its final report and is calling for efforts to reduce barriers to training, expand Medicaid, boost incentives for those working in underserved areas, and more. The report also calls for rate increases for home and community-based services to better help the state’s aging population and those with disabilities, as well as behavioral health services rate increases.

EEOC vs. VibraLife of Katy, LLC (VibraLife)

According to the lawsuit, VibraLife hired an employee with a sleep disorder for a night-shift position. The job posting required the selected candidate to work 36 hours per week via three 12-hour shifts. Upon beginning her employment, the employee was notified that she would be required to work an additional 12-hour shift every other week. The employee promptly requested an accommodation that her schedule be limited to the terms of the job posting. Shortly after receiving the employee’s request for a reasonable accommodation, the employee was demoted and subsequently terminated.

EEOC vs. Alto Ingredients, Inc. (Alto)

According to the lawsuit, when an electrician applied for a job at Alto, he told the company that he was disabled due to a back injury. The electrician passed Alto’s pre-hire physical and was hired. His employment was successful and free of accidents. Alto also praised him for his technical ability and troubleshooting skills. Nevertheless, after coworkers said they were worried that the electrician had difficulty with climbing stairs and ladders and might fall, Alto fired the electrician due to these alleged safety concerns.

EEOC vs. Innovative Services Northwest (ISNW)

The lawsuit alleged ISNW failed to accommodate a former employee who sought to return to work after medical treatment for a hip impairment. After the employee made multiple requests for a reasonable accommodation, including job modifications, ISNW deemed her too high-risk to employ unless her medical provider cleared her to return at 100% capacity. The employer forced her to take unpaid leave and later fired her. Under the three-year decree, ISNW will pay $136,500 and furnish other relief to settle the lawsuit.

EEOC vs. National Telecommuting Institute, Inc. (NTI)

The lawsuit alleged NTI, a staffing support firm, violated the ADA when it did not pursue job placement or referral for blind and low-vision job applicants as telephone-based customer service agents when the company became aware that the applicants used assistive technologies such as screen readers to convert computer text to speech. This was based on a presumption that the company’s client employers would not be able to support the assistive technology. The lawsuit also alleged that NTI denied disability-related accommodations during their pre-employment application process. Under the three-year decree, NTI will pay $1.25 million and furnish other relief to settle the lawsuit.

EEOC vs. Champion Media, LLC

According to the lawsuit, a deaf applicant met the qualifications and applied for a job at one of Champion Media’s printing facilities. After participating in an initial conversation over the phone, the applicant was selected for an in-person interview. The applicant requested a sign language interpreter as an accommodation for the interview, and instead of providing an interpreter, Champion Media canceled the interview.

EEOC vs. Pilot Air Freight, LLC (Pilot)

According to the lawsuit, Thomas Hunt informed his manager that he needed to request leave to see his doctor about some biopsy results. About 10 days later, Hunt was terminated by Pilot, allegedly as a result of a reduction in force. Pilot claimed that Hunt was laid off because he had less tenure than other employees and his position was eliminated. However, in the months leading up to and following Hunt’s discharge, Pilot hired several employees who were not discharged based on tenure and hired an employee in a position very similar to the one that Hunt previously held, and with a higher salary. Under the one-year consent decree resolving the lawsuit, Pilot will pay $400,000 in monetary damages to Hunt and furnish other relief to settle the lawsuit.

EEOC vs. ABM Industry Groups (ABM)

According to the EEOC’s investigation, a deaf worker received a job offer from ABM. After the worker requested an accommodation, ABM engaged in discussions with Norcal Services for Deaf and Hard of Hearing regarding potential accommodations. However, the worker claims to have waited for several months without a start date or further follow-up communication. A settlement was reached which requires ABM to pay $52,000 and injunctive relief to the deaf worker, review its non-discrimination policies, and conduct manager and employee training at the relevant locations.

EEOC Filed a Trio of Lawsuits In Three Different Industries To Enforce The ADA

EEOC filed suit after first attempting to reach a pre-litigation settlement through its administrative conciliation process in each of these three cases:

• EEOC v. TNNY Hotel, LLC, Ned NY 28th, LLC, Soho House & Co Inc., and TNNY Restaurant, LLC: The agency filed after the employer refused to accommodate an employee whose knee condition limited her standing or walking to no more than 30 minutes at a time, according to a medical note she provided.


• EEOC v. Smith’s Detection Inc.: The agency filed against the employer for demoting a disabled employee to avoid providing her with personal protective equipment (PPE) to protect her remaining hearing from manufacturing equipment noise in the area where she worked as a team lead.


• EEOC v. Holsum of Fort Wayne, Inc.: The agency filed after the bakery refused to modify a policy to allow an employee to use a walker when moving more than 100 feet as required by her physician. Holsum’s failure to accommodate the employee made it impossible for her to access her workstation, restroom, and break room. Instead of accommodating her, Holsum forced her to take leave and terminated her employment.

EEOC vs. AG Equipment

According to the EEOC’s lawsuit, AG Equipment Company violated federal law when it fired 10 employees for failing to receive a COVID-19 vaccination because of either their religious beliefs or medical restrictions. The company refused to discuss the employees’ requests or explore possible accommodations, and fired the 10 individuals, along with 77 other unvaccinated workers.

DOJ v. Los Angeles County

The Justice Department has reached an agreement with the County of Los Angeles to resolve its lawsuit alleging that the county violated the Americans with Disabilities Act (ADA) by denying voters with disabilities an equal opportunity to participate in its voting programs, services, and activities when it failed to select and use facilities as polling places that are accessible to persons with disabilities.

DOJ v. Texas Juvenile Justice Department (TJJD)

The Justice Department announced its findings that TJJD is violating the U.S. Constitution by exposing children to excessive and prolonged isolation; failing to protect children from sexual abuse and providing adequate mental health services). DOJ states they are also violating the Individuals with Disabilities Education Act (IDEA) by failing to provide special education and related services to children with disabilities as well as the Americans with Disabilities Act (ADA) by not providing reasonable modification and denying children with disabilities an equal opportunity to benefit from education. Assistant Attorney General Kristen Clarke Delivers Remarks Announcing Findings in Statewide Civil Rights Investigation of the Texas Juvenile Justice Department.

DOJ vs. Lincoln Public Schools

The DOJ filed a complaint and proposed consent decree to resolve allegations that Lincoln Public Schools (LPS), in Lincoln, Nebraska, violated the ADA by denying some deaf and hard-of-hearing students an equal opportunity to attend their neighborhood schools or participate in the high school choice program.

DOJ v. Commonwealth of Kentucky

The DOJ has announced they have reasonable cause to show that the Commonwealth of Kentucky is violating the ADA by unnecessarily segregating adults with serious mental illness in psychiatric hospitals, rather than providing care in integrated community settings. The department’s investigation found that Kentucky fails to provide access to community-based mental health services such as: mobile crisis response, crisis stabilization and crisis respite, case management, Assertive Community Treatment, Permanent Supportive Housing, supported employment and peer support. Read the DOJ Findings Report from their Investigation of Kentucky’s Unnecessary Use of Psychiatric Hospitals to Serve Adults with Serious Mental Illness in Louisville.