Trainings & Events
- Learning to distinguish ADA Title III cases from the typical "drive-by" lawsuit
- Understanding how to enforce Title III rights through available remedies and avoid the label of "drive-by" lawsuits.
- A review of defenses against this type of "drive-by" lawsuit for the business community
- A review of relevant recent case law.
- Attendees will understand the current status of laws, regulations, and other policy initiatives that create a mandate for accessible ICT.
- Attendees will be able to improve their advocacy for themselves and their clients.
- Attendees will be able to participate in ongoing policy consultations as consumers and professionals.
News from the Federal Agencies
U.S. Access Board
Advisory Panels on Medical Diagnostic Equipment and Prescription Labels to Present Reports
Advisory panels the U.S. Access Board formed to address access to medical diagnostic equipment (MDE) and prescription drug container labels will present their reports at the next meeting of the Board on July 10, 2013.
Access Board Conference Room
1331 F Street NW, Suite 800
Washington, DC 20004
Call-in option (listening only):
Dial: (888) 790-2060 (toll-free)
Passcode: 6317703
Communication Access
Realtime Translation (CART):
www.streamtext.net
Time: 1.30 -03:30 PM
Great Lakes In Focus
Save the Date!
National Council on Disability
"Five Years Later -- The Americans with Disabilities Act Amendments Act of 2008: Impact on Disability Discrimination"
Tuesday, July 23, 2013
1:00 - 2:30 PM, ET
Capitol Hill Location, Room to Be Announced
In celebration of the Americans with Disabilities Act (ADA) and in the fifth year following passage of the ADA Amendments Act (ADAAA), please join us for brief remarks from congressional, civil rights, and business community champions of the ADAAA, followed by the release and summary of NCD's latest report, "The Americans with Disabilities Act Amendments Act of 2008: Impact on Disability Discrimination," which will provide an analysis of federal court cases decided under the ADAAA since it went into effect in January of 2009.
Space is limited and seating will be first-come, first-serve.
CART and a sign language interpreter will be provided.
CONFIRMED SPEAKERS (others listed as confirmed)
- Congressman Jim Sensenbrenner (R-WI)
- Congressman Jerrold Nadler (D-NY)
- Chai Feldblum, Commissioner, Equal Employment Opportunity Commission
- Nancy Zirkin, Executive Vice President, Leadership Conference on Civil and Human Rights
- Wade Henderson, President and CEO, Leadership Conference on Civil and Human Rights
- Professor Robert L. Burgdorf Jr.
Can't join in person? Join us via Twitter! NCD will live-tweet the event using the hashtag #NCDADA
(NCD extends special thanks to Congressman Sensenbrenner for his office's assistance in securing a room space.)
The Docket
Wardia v. Department of Juvenile Justice
The U.S. Court of Appeals for the Sixth Circuit has held in an unpublished decision The rarity with which a particular job function is performed does not render it non-essential under the Americans with Disabilities Act. The Court affirmed summary judgment for the employer, a correctional facility. The employer had safety concerns and argued the function of performing physical restraints, even though not frequently performed, is an essential job requirement. The employer also was not required to convert a temporary light duty position into a permanent job for a disabled correctional officer.
From the ADA Expert
Question: I am an administrator for a local for-profit hospital.Recently we had a patient in our emergency room whose mother was deaf. The mother requested we provide her with an interpreter so she could communicate with the doctors and nurses. Since the mother is not the patient are we obligated to provide an interpreter for her?
Answer:Title III of the Americans with Disabilities Act requires covered businesses and organizations to insure that individuals with disabilities have the same level of access to information that individuals without disabilities have. If your hospital communicates with companions of family members without disabilities then you must insure that you communicate effectively with companions, family members with disabilities, if you regularly communicate with companions of patients. The obligation to communicate effectively applies to patients, family members and visitors with disabilities. The Department of Justice regulations implementing title III of the Americans with Disabilities (ADA) makes clear the obligation to communicate effectively with the companions of patients, customers, participants etc.
This may require the provision of auxiliary aids or services. For communicating with some one that is deaf or hard of hearing that could include Qualified interpreters, note takers, computer-aided transcription services, written materials, telephone handset amplifiers, assistive listening devices, assistive listening systems, telephones compatible with hearing aids, closed caption decoders, open and closed captioning, telecommunications devices for deaf persons (TDD's), videotext displays, or other effective methods of making aurally delivered materials available to individuals that are deaf or hard of hearing.
This does not mean that every time you need to communicate with some one that is deaf or hard of hearing that an interpreter is needed. However, in situations where the information being provided orally is complex or the information is being provided over a long period of time it is likely an interpreter would be needed. The ADA does not require a covered business or organization to provide any auxiliary aid or services that would result in an undue burden or fundamentally alter the nature of the goods or services being offered. If a particular auxiliary aid or service poses an undue burden then you would need to insure effective communication by providing something that does not pose an undue burden.
For additional information regarding the employment provisions of the ADA contact the Great Lakes Center by calling (800) 949-4232 (V/TTY) or via our on-line Contact us Form.
Resources
Effective Communication
Nondiscrimination on the Basis of Disability in Public Accommodations and Commercial Facilities
ADA Business Brief: Communicating with People Who Are Deaf or Hard of Hearing in Hospital Settings
