October 2024
Volume 18 Issue 1
ARCHIVED - Alterations: A Review of Requirements in the ADA and ABA Standards
Ask an ADA Professional Questions RE: Other Power-Driven Mobility Devices (OPDMD)
Bringing People to Golf - Creating Accessible and Inclusive Environments
Parent Training and Education Approaches for Families in Underserved Populations
Join the Great Lakes ADA Center at the 2024 Fall ADAC Conference
There is still time to register for this year’s Fall ADA Coordinator Conference in Madison, Wisconsin! Our Center will be providing training on Accessible Transportation, Service Animals, Reasonable Accommodations and more!
Attendees must register for the conference by October 10th!
Every October, we recognize the achievements and talent of workers with disabilities by celebrating National Disability Employment Awareness Month (NDEAM). The theme for 2024 is “Access to Good Jobs for All.” This theme has been shared over and over again this year by federal agencies like the Department of Labor’s Office of Disability Employment Policy (ODEP) and the U.S. Department of Education in their programs and initiatives.
Here are just some of the ways we see the U.S. investing in good jobs for people with disabilities:
Check out ODEP’s website on National Disability Employment Awareness Month (NDEAM) for more information
Activists Rally at Uber and Lyft Headquarters to Protest Guide Dog Discrimination
On this year’s Blind Americans Equality Day, the National Federation of the Blind (NFB) held a rally at Uber and Lyft headquarters to protest the discrimination faced by blind passengers and their service animals. According to NFB, they had around 200 people representing 48 states from across the country.
Justice Department Issues Open Letter About “Crime-Free” and “Nuisance” Program Discrimination
The Department of Justice has issued a warning to state and local governments and law enforcement about programs that may violate federal housing laws. The letter describes how “crime-free” and “nuisance” programs can violate the Fair Housing Act (FHA), Title VI of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA) and the Violence Against Women Act.
Pandemic-Era Discrimination Spurs New Protections for Patients with Disabilities
The COVID-19 pandemic shed a harsh light on the systemic discrimination in healthcare towards patients with disabilities. Pandemic-era policies deprioritized treatment for people with disabilities and barred those with communication impairments from being accompanied by their family members. While gaps remain, advocates have pushed in recent years for increased protections and oversight in healthcare, resulting in a new final rule under Section 504 of the Rehabilitation Act.
These Apps Help People with Disabilities Travel Easier
For the disability community, technology can be the most valuable travel companion. Check out this article to learn more about helpful travel apps like AccessibleGO, iAccessLife, and BeMyEyes.
Lawsuit Claims Years of Discrimination Against Disabled Young People in Illinois Prisons
A new lawsuit against the Illinois Department of Corrections (IDOC), the Illinois Department of Juvenile Justice, and the Illinois State Board of Education claims Illinois has been violating state and federal law for nearly two decades by failing to educate incarcerated youth with disabilities. The lawsuit claims that most of these individuals have been locked out of vocational programming at IDOC and therefore, upon release to the community, these individuals lack employment skills, which increases rates of recidivism.
Illinois Enacts Requirements for AI Use in Employment Decisions
This year, Illinois Governor Pritzker signed into law HB 3733, which amends the Illinois Human Rights Act to cover employer use of artificial intelligence (AI). Effective Jan. 1, 2026, the amendments will add to existing requirements for employers that use AI to analyze video interviews of applicants for positions in Illinois. These new requirements apply to any employer with one or more employees when unlawful discrimination based on physical or mental disability is alleged.
Behavioral Health Commission Wraps Up Two-Year Study With $50M Ask
The Behavioral Health Commission has released a two-year analysis summarizing issues within the state’s system in delivering care to Hoosiers in a mental health or addiction crisis. The 77-page report includes highpoints — such as Indiana’s high in-state response rate for 988 calls — and lows like Indiana’s low ranking for school counselor-to-student ratios. In light of these new findings, the commission is seeking an additional $50 million in the next fiscal year followed by $120 million for the 2026 fiscal year to tackle these issues which a previous commission report found cost the state more than $4 billion annually.
Update on the State’s Special Education Teacher Pipeline
In 2022, Indiana launched the statewide educator supply and demand marketplace, providing real-time data for the first time on the most in-demand educator and school staff roles across the state. In response to this data, Indiana has invested in two initiatives, I-SEAL and ASSET, aimed specifically at increasing special education teachers in Indiana classrooms. In just three years, these investments have produced an additional 1,600 current and future special education teachers, directly impacting nearly 50,000 students.
New Report: Preventing People With Disabilities from Leaving the Workforce
According to a new report from the Indiana Community Action Poverty Institute, a 20-year-old worker has a 1 in 4 chance of experiencing a significant disabling condition before retiring. The study offers recommendations to increase support for those with disabilities in the workplace and financially. One of the main reasons identified by the Institute as to why people with disabilities stop working is a lack of accommodations.
$9.7 Million in Water Crisis Settlement Funding to go to Special Education in Flint
More than a decade after the beginning of the Flint Water Crisis, the community's schools will see $9.7 million in state school special education funding from a court settlement. Attorneys and officials with the Education Law Center said the settlement, which will be in an established special education fund, will be used to tackle longstanding special education problems in the city and struggling school district.
Ford Airport Unveils Sensory Room for Neurodivergent Travelers
Gerald R. Ford International Airport has unveiled a new sensory room that offers a reprieve from the stresses of travel by providing a calming, immersive environment designed to make flying more accessible for all. The sensory room is the first of its kind in Michigan. It is located at the beginning of Concourse A. The space is tailored specifically for individuals on the autism spectrum and other sensory processing disorders, offering different zones that help ease the anxiety associated with travel
MyMichigan Launches Mental Health Outpatient Program for Adolescents
MyMichigan Health has launched a new Intensive Outpatient Therapy (IOP) program to help address mental health concerns of adolescents, between the ages of 12 and 17. This program is designed for young people who need more care than what’s offered in a traditional outpatient care setting but with less intensity than inpatient behavioral health or partial hospitalization programs. IOP also allows for more flexibility and family involvement.
MSP Airport to Create Passenger Sensory-Friendly Rooms
Minneapolis-St. Paul International Airport (MSP) will create its first-ever sensory rooms as part of two separate terminal expansion projects that will be completed by 2028. The sensory rooms will include features such as dimmable lighting, a variety of seating types, and sensory-friendly furnishings. The sensory room partnership will broaden the reach of MSP’s passenger accessibility program, which holds the highest level of accreditation by Airports Council International (ACI), a global organization representing more than 1,900 airports in 170 countries.
Study Ranks Minneapolis Second-Best City for Disabilities
Personal finance website WalletHub ranked Minneapolis as the second-best city in America for people with disabilities to live, largely based on health care. Researchers found the average monthly health insurance premium in Minneapolis is $337, the second lowest in the country. The city has also made strides with accessibility, ranking as the 22nd-best city for wheelchair-accessible grocery stores and arts and entertainment establishments per capita. Minneapolis has the fifth-most wheelchair-accessible trails. Finally, over 27% of homes listed for sale in Minneapolis are wheelchair-accessible, the 11th-most in the country.
Disability Group’s Federal Suit Claims Ohio Violated Students’ Rights
Disability Rights Ohio (DRO) filed a federal class-action lawsuit in the U.S. District Court, claiming the Ohio Department of Education and Workforce did not protect the Individuals with Disabilities Education Act (IDEA) rights of the more than 500 students placed at the Warren County Educational Service Center (WCESC).
People with Disabilities Face Barriers to Casting Ballots in Ohio
The Ohio Supreme Court has stated that a previous order that limits how voters may use drop boxes can remain in place despite advocate concerns that this will create a barrier to voting for people with disabilities. The order requires someone delivering an absentee ballot for another person to sign an attestation certifying that the person is complying with state law. This means the person must go to the Board of Elections to sign the form. The directive also limits which family members are eligible to drop off someone's absentee ballot.
Email Delivery of Accessible Absentee Ballots for Voters with Print Disabilities
A Dane County Circuit Court judge has granted a temporary injunction to allow voters with print disabilities to request absentee ballots by email, instead of U.S. mail. This will allow voters with these disabilities to read and mark their ballots privately and independently through the use of assistive technology.
Track Wheelchairs Make Nature More Accessible
Outagamie County is working to make the great outdoors more accessible by introducing all-terrain wheelchairs at Plamann Park and Mosquito Hill Nature Center. The Aging and Long Term Support Division in Outagamie County's Health and Human Services Department and Outagamie County Parks partnered to use specialized transportation funds from the state Department of Transportation to purchase the two tracked wheelchairs.
Important Note: News from third-parties may be subject to change or require a subscription to view. The Great Lakes ADA Center is not responsible for content restrictions or changes made by third-parties.
PEAT: AI & Disability Inclusion
As technology expands, the Partnership on Employment & Accessible Technology (PEAT) continues to develop practical resources for employers to better understand and prevent artificial intelligence (AI) from discriminating against qualified applicants and employees with disabilities. Check out PEAT’s brand new resource called the AI & Inclusive Hiring Framework.
Advancing State Policy Integration for Recovery and Employment (ASPIRE)
The Office of Disability and Employment Policy (ODEP) is working towards competitive integrated employment (CIE) for people with mental health conditions through their initiative on Advancing State Policy Integration for Recovery and Employment (ASPIRE). Check out the ASPIRE resource on Funding Crosswalks: Coordinating and Leveraging Resources to Increase Competitive Integrated Employment.
Building Inclusive Higher Education (IHE) Programs Where None Exist
IHE programs are post-high school educational opportunities where people with an intellectual disability (ID) can continue their education. This collection of briefs from the Disability Employment TA Center highlights lessons learned and the stories of parent leaders who helped create IHE programs in communities where they previously didn’t exist.
New Situations and Solutions Finder
The Job Accommodation Network (JAN) recently launched their Situations and Solutions Finder, a tool that draws on information collected from JAN customers to help other people with disabilities learn about specific job accommodation scenarios that might work for them.
Answer: Generally, yes. The Americans with Disabilities Act (ADA) applies to any person with a disability who falls within the jurisdiction of the United States. This can include undocumented immigrants, tourists from other countries, international students, and other non-U.S. citizens.
Resource(s):
Learn more by visiting our ADA Frequently Asked Questions.
EEOC vs. Employment & Training Centers, Inc.
According to the lawsuit, following a conditional job offer, Employment and Training Centers, Inc. (ETC) refused to reasonably accommodate an applicant who said he was unable to produce a urine specimen for drug testing because of end-stage kidney disease. The company failed to provide an alternative method of drug testing and rescinded the job offer.
Check out, EEOC vs. Children’s Healthcare of Atlanta, Inc. (CHOA), another applicant accommodation request case.
EEOC vs. PACE Southeast Michigan
According to the lawsuit, PACE maintained a policy that treated any employee unable to return to work following the expiration of FMLA leave as a “voluntary resignation” resulting in termination. PACE refused to consider two employees’ requests for ADA leave, instead terminating both employees pursuant to its policy.
Check out EEOC vs. Castle Hills Master Association Inc. and EEOC vs. Berry Global, Inc. and EEOC vs. Hospital Housing Systems, LLC (HHS) other ADA leave-related cases.
EEOC vs. Navitas Systems, LLC.
According to the suit, Navitas maintained a policy which required an employee returning from any type of medical leave to have a “100% release for work.” When a former employee suffered a severe rotator cuff injury and fractured wrist in April 2020, his doctor restricted him from using his left arm but cleared him to return to work. The employee requested permission to return to work, despite the employer’s policy, as he could perform all the essential functions of his position using his right arm. Navitas refused to allow him to return to work, and then fired him.
Check out, EEOC vs Federal Express Corporation (FedEx), another ADA work-related injury case.
EEOC vs. Osmose Utilities Services, Inc.
According to the lawsuit, a one-call locator who had suffered a head injury and stroke requested to work from home as an accommodation. In-person attendance was not an essential function of the position and Osmose Utilities had previously allowed the employee to work remotely while its office was relocated in 2019. However, Osmose Utilities denied the employee’s request to work remotely as an accommodation for her medical condition. As an alternative, the employee requested to work remotely for two to three days per week. However, this request was denied as well. Although the employer granted the employee leave to attend medical appointments, management complained about the employee leaving work and pressured her to end her appointments prematurely. Six weeks after her first accommodation request, the employee was fired without warning.
Check out, EEOC vs. Sanmina Corporation, another remote work case.
EEOC vs. All Day Medical Care Clinic, LLC
All Day Medical Care Clinic will pay $75,000 and provide other relief to settle the lawsuit that alleged the company fired a scheduling assistant, who on her first day of work, requested software to be installed on her assigned computer to accommodate her vision impairments. The company refused to accommodate the employee and instead terminated her for not disclosing her disability during her interview.
Check out, EEOC vs. The Results Companies, LLC., another visual disability case.
According to the lawsuit, Timken interviewed an applicant and offered him a position. However, the company subjected him to a pre-employment hearing test that required listening to someone standing five feet behind them while they whispered letters and numbers. After the applicant did not pass this hearing test, Timken refused to hire him and did not discuss any reasonable accommodations which could have resolved the their concerns.
Check out, EEOC vs. Heart of Texas Goodwill Industries, Inc., another hearing disability case.
According to the lawsuit, DR Horton assigned a sales associate to a new housing development 66 miles from her home. The sales associate’s diabetic neuropathy made prolonged sitting and gripping objects, such as a steering wheel, painful. Therefore, she requested to be moved to a property closer to her home. Over several months, three closer properties became available, but DR Horton did not reassign her. The sales associate resigned to avoid further daily physical pain.
Check out, EEOC vs. Alternate Solutions Health Network, LLC, and Beaumont ASHN, LLC, (collectively ASHN), another driving accommodation request case.
EEOC vs. Sarafina Network, LLC
According to the lawsuit, employees and store managers used disability-focused nicknames and regularly mocked a cashier based on his disabilities. After the employee complained about the harassment on several occasions, store managers removed him from the work schedule, required the employee to provide medical clearance before returning to work, and then refused to accept the documentation when provided. Management ultimately fired the employee due to his disabilities and complaints of unlawful harassment.
EEOC vs. Virginia International Terminals, LLC
According to the lawsuit, an employee was hospitalized because of a cardiac event and received an implantable cardioverter defibrillator. Although he was released by his cardiologist to return to work without restriction, the company would not allow him to drive a hustler truck because of his disability. The hustler truck position did not require a commercial driver’s license and hustler trucks do not operate on public roads. EEOC alleges that the employer unlawfully excluded the driver from his job, and instead, offered him work that paid less and/or provided fewer hours.
Check out EEOC vs. Len Stoler, Inc. and EEOC vs. Mail Hauler Trucking, LLC. other disability discrimination cases.
DOJ sued the State of Maine for unnecessarily segregating children with behavioral health disabilities in hospitals, residential facilities, and a state-operated juvenile detention facility in violation of the ADA and the Supreme Court’s decision in Olmstead v. L.C. The lawsuit alleges that Maine’s system limits behavioral health services in the community. As a result, Maine children must use in- and out-of-state facilities or even the state-operated juvenile detention facility to receive behavioral health services.
DOJ and the Mason County Jail reached a settlement of allegations the jail violated the ADA by refusing to provide inmates with medications for the treatment of opioid use disorder (OUD). Under the terms of the settlement, medical providers at the jail will prescribe and provide all three medications approved by the Food and Drug Administration (FDA) to treat OUD, including methadone, naltrexone, and buprenorphine.
DOJ reached a settlement agreement with Hays County to ensure that they provide accessible polling places to voters with disabilities. Under the settlement agreement, the county will engage the technical assistance of an accessibility expert and use an evaluation form for current and prospective polling places based on the ADA architectural standards. In addition, Hays County will train its poll workers and other elections staff on the requirements of the ADA and how to use temporary measures to ensure each polling place is accessible during elections.
DOJ vs. Cobb County Board of Elections, GA
The United States Attorney’s Office for the Northern District of Georgia has entered into a settlement agreement with the Cobb County Board of Elections to resolve a multi-year compliance review that identified physical barriers at polling sites. Cobb County has agreed to make corrections in time for the November 2024 general election as well as conduct a systemic review and ensure accessibility for all future polling locations.
DOJ reached a settlement agreement with Hays County to ensure that they provide accessible polling places to voters with disabilities. Under the settlement agreement, the county will engage the technical assistance of an accessibility expert and use an evaluation form for current and prospective polling places based on the ADA architectural standards. In addition, Hays County will train its poll workers and other elections staff on the requirements of the ADA and how to use temporary measures to ensure each polling place is accessible during elections.
Check out, DOJ vs. Washington State Parks and Recreation Commission (Washington State Parks), another Title II inaccessible facilities settlement agreement.
DOJ vs. Johns Hopkins Health System Corporation (Johns Hopkins)
DOJ filed a complaint and proposed a consent decree resolving allegations that Johns Hopkins failed on numerous occasions to follow its own policies relating to visitors and support persons. The case states that they did not permit patients with disabilities to be accompanied by their support persons, and as a result, these patients were unable to receive equal care.
DOJ vs. McLaren Health Care Corporation
McLaren has agreed to enter into a settlement agreement with the United States Attorney’s Office for the Eastern District of Michigan that requires McLaren to provide auxiliary aids and services free of charge to ensure effective communication with their patients and their companions. They will provide a combined amount of $220,000 to fourteen affected individuals. McLaren will also review and revise its policies to be consistent with the ADA’s effective communication requirements.
Check out, DOJ vs. Allergy and Asthma Center, another Title III effective communication settlement agreement.
