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Upcoming Events

September 10, 2008 - Access to Medical Facilities webcast presented by Mark Derry
October 15, 2008 - Application of the ADA and Hospitality Industry webcast presented by Marian Vessels
October 22, 2008 - Millennials and the ADA: New Issues in Higher Education webcast presented by Laura Rothstein

In the News

Updated August 26, 2008

First Ever ASL Podcast from the Disability Law Lowdown

August 21, 2008 – The first ever video podcast series in American Sign Language announces new episodes on the Disability Law Lowdown website at ASL.DisabilityLawLowdown.com. The Disability Law Lowdown ASL podcasts bring a new level of service to the Deaf community by expanding traditional audio-only podcasts to include video that allows subscribers too see native Deaf speakers signing the show’s content. The podcasts deliver the latest in disability law information every other week via American Sign Language, captioning, voice-over, and transcripts to maximize accessibility. Free subscriptions to the ASL podcasts are available to have shows automatically delivered to MP3 players. The ASL podcasts are also available on the Disability Law Lowdown website, where transcripts of the shows are simultaneously available. And for the fastest viewing, the ASL podcasts are available on YouTube at www.youtube.com/disabilitylawlowdown.

Topics currently available include: Your Legal Rights as a College Student, Legal Obligations of the Hospitality Industry, Requesting an Interpreter, and an Overview of the Americans with Disabilities Act.

The hosts for the ASL Disability Law Lowdown are native Deaf signers Danny Warthling and AJ Roupp. They will provide the latest information about disability rights and obligations under the Americans with Disabilities Act, and other disability-related topics. Subscription is free and RSS feeds are available to automatically download the shows to video iPods, computers, phones, and other video-capable devices.

Disability Law Lowdown is provided by the Disability Business Technical Assistance Center (DBTAC), a national network of ten ADA Centers across the country, offering technical assistance and training in the Americans with Disabilities Act and other disability-related laws. DCRE Labs developed the Disability Law Lowdown website and brought together several new technologies as part of the Disability Law Lowdown project.

To subscribe, look for the ASL Disability Law Lowdown podcast on iTunes, or visit ASL.DisabilityLawLowdown.com.

Updated June 23, 2008

Recent News about the ADA

New law bans genetic discrimination (9News.com 6/9/2008)
The Genetic Information Nondiscrimination Act prohibits discrimination against workers based on their genetic information and limits the kind of information that can be gathered about them.
Housing complaints increase, but fewer charges are filed (USA Today 5/30/2008)
The federal government is filing fewer housing discrimination charges even as consumer complaints against landlords, real estate agents and mortgage brokers have risen steadily.
Disability laws are about to get more stringent (Tulsa Beacon 5/29/2008)
The new accessibility guidelines are very similar to the current ones, but many subtle changes are in the works.
Ruling boosts supplemental oxygen on planes (Pittsburgh Post Gazette 5/20/2008)
Under the new rules, airlines must permit passengers to bring and use their own respiratory assistive device in the cabin as long as it has been tested and labeled by its manufacturer as meeting applicable Federal Aviation Administration regulations.
Peace Corps Boots HIV-Positive Volunteer (ABC News 5/9/2008)
Jeremiah Johnson was still reeling from test results showing he was HIV-positive when he received even more bad news in January.
Houston honored as most accessible city for people with disabilities (Houston Business Journal 5/2/2008)

The Department of Justice Proposes New Rules to Implement the Americans with Disabilities Act (ADA)

The Department of Justice announced its intent to solicit comment on proposed amendments to its regulations implementing Titles II and III of the Americans with Disabilities Act of 1990 (ADA). The proposed regulations will, for the first time, establish specific requirements for the design of accessible public facilities such as courtrooms and an array of recreation facilities including playgrounds, swimming pools, amusement parks, and golf courses, making it easier for individuals with disabilities to travel, enjoy sports and leisure activities, play, and otherwise participate in society.

The proposed amendments are intended to implement revised guidelines published by the Architectural and Transportation Barriers Compliance Board (Access Board), and to adopt changes necessary to address issues that have arisen since the publication of the original regulations in 1991. The amendments, which represent more than 10 years of collaborative efforts with disability groups, the design and construction industry, state and local government entities, and building code organizations, also are intended to provide greater consistency between the ADA Standards and other federal and state accessibility requirements.

Among other provisions, the proposed amendments to the regulations provide:

accessible swimming pools, miniature golf courses, boating facilities, amusement rides, and other recreational activities;
accessible playgrounds;
captioning of emergency announcements in large stadiums;
identification of accessible hotel room features, and require guaranteed reservations of such rooms to the same extent as the entity guarantees reservations for others;
the availability of accessible seating in public venues, such as theaters and sports stadiums, for purchase by people with disabilities; and
the availability of auxiliary aids, such as video interpreting services, to ensure that people who are deaf or have limited hearing can receive and convey vital information in medical and other settings.

Moreover, the amendments reiterate the requirement for covered entities to permit the use of service animals by people with disabilities, and highlight the distinction that a service animal must be a dog or other common domestic animal that is trained to perform specific tasks to assist its owner. The amendments also provide a "safe harbor" for establishments that comply with the current ADA standards, such that retrofitting to meet new accessibility standards is not required unless the building element is being altered or replaced.

Advance text of the proposed amendments are now available on the Department of Justice’s web site at www.ada.gov. They will soon be published in the Federal Register, and the Department will seek public comment on the proposals and on related issues that have been identified in the preambles. In compliance with the time period established in the Federal Register, public comment will be accepted at www.regulations.gov. The Department anticipates holding a public hearing on the proposed regulations in Washington, D.C. in July 2008.

Wal-Mart to Pay $250,000 for Disability Bias

EEOC Said Long-Time Pharmacy Technician Fired Because of Gunshot Disability

BALTIMORE (June 9, 2008) – Retail giant Wal-Mart will pay $250,000 and furnish significant injunctive relief to settle a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC had charged that Wal-Mart failed to accommodate and then fired a long-time pharmacy technician who suffered a disability resulting from a gunshot wound.

In its suit filed in U.S. District Court for the District of Maryland, the EEOC said that Glenda D. Allen had been employed with the Arkansas-based company as a pharmacy technician since July 1993, most recently at its store in Abingdon, Md. As a result of a gunshot wound sustained during the course of a robbery at a different employer in 1994, Allen suffered permanent damage to her spinal cord and other medical issues, including an abnormal gait requiring the use of a cane as an assistive device.

The agency charged that despite Allen’s successful job performance throughout her employment, Wal-Mart declared her incapable of performing her position with or without a reasonable accommodation, denied her a reasonable accommodation, and then unlawfully fired her because of her disability. The lawsuit settled shortly after the court denied Wal-Mart’s motion for summary judgment on March 10, and partially granted the EEOC’s cross-motion for summary judgment finding that Wal-Mart had no undue hardship defense.

Disability discrimination violates the Americans with Disabilities Act (ADA). The EEOC filed suit after first attempting to reach a voluntary settlement.

Commenting on her case, Allen said, “After beating all the odds -- surviving my injury when not expected to survive, walking again when told that I would never walk again, and returning to work where I received excellent performance evaluations and consistent merit increases -- I was devastated to have the rug pulled out from underneath me simply because Wal-Mart could ‘no longer accommodate my handicap needs.’ I am hopeful that this settlement will make Wal-Mart take a closer look at its policies and practices with respect to the employment of individuals with disabilities so that what happened to me will not happen to someone else.”

Along with the monetary payment, the consent decree settling the suit requires Wal-Mart to:

Observe the ADA and post a notice to employees on the ADA;
Have all salaried supervisors and managers of its Abingdon stores and in pharmacies in the district that includes Abingdon complete training on the ADA with annual refresher training for the next three years; and
Submit a list of all employees at the Abingdon store and the pharmacies in the Abingdon district who have been denied reasonable accommodation and/or complained that they have been unlawfully denied reasonable accommodation or terminated because of their disabilities.

The EEOC will monitor the company’s compliance with the decree for the next three years.

“When an employer is faced with an employee who has difficulty performing certain tasks because of his or her disability, it cannot sit back passively and then turn around and fire the employee because of its own failure to accommodate,” said EEOC Regional Attorney Jacqueline McNair. “Federal law mandates that employers engage in a good-faith interactive dialogue with the qualified disabled employee to identify potential reasonable accommodations.”

This is the EEOC’s second settlement this year with Wal-Mart concerning the ADA. In April 2008, the EEOC settled a lawsuit concerning Wal-Mart’s failure to hire an individual with cerebral palsy in Richmond, Mo., (EEOC v. Wal-Mart Stores, Inc., No. 04-cv-0076 (W.D. Mo. April 18, 2008) for $300,000 and injunctive relief. According to its web site (www.walmart.com), “Today, 7,357 Wal-Mart stores and Sam’s Club locations in 14 markets employ more than 2 million associates, serving more than 179 million customers a year.”

During Fiscal Year 2007, disability discrimination charges filed with the EEOC under the ADA increased 14% to 17,734 -- the highest level in a decade. Approximately one out of every five private sector charge filings with the EEOC contains an allegation of disability discrimination.

Updated May 13, 2008

First Ever ASL Video Podcast Launch from Disability Law Lowdown

May 13, 2008 – The first ever video podcast in American Sign Language is being launched today on the Disability Law Lowdown website at ASL.DisabilityLawLowdown.com. The Disability Law Lowdown ASL podcasts will bring a new level of service to the Deaf community by expanding traditional audio-only podcasts to include video that allows subscribers too see native Deaf speakers signing the show's content. The podcasts will deliver the latest in disability law information every other week via American Sign Language, captioning, voice-over, and transcripts to maximize accessibility. Free subscriptions to the ASL podcasts are available to have shows automatically delivered to MP3 players. The ASL podcasts are also available on the Disability Law Lowdown website, where transcripts of the shows are simultaneously available. And for the fastest viewing, the ASL podcasts are available on YouTube.

The hosts for the ASL Disability Law Lowdown are native Deaf signers Danny Warthling and AJ Roupp. They will provide the latest information about disability rights and obligations under the Americans with Disabilities Act, and other disability-related topics. Subscription is free and RSS feeds are available to automatically download the shows to video iPods, computers, phones, and other video-capable devices.

Disability Law Lowdown is provided by the Disability Business Technical Assistance Center (DBTAC), a national network of ten ADA Centers across the country, offering technical assistance and training in the Americans with Disabilities Act and other disability-related laws. DCRE Labs developed the Disability Law Lowdown website and brought together several new technologies as part of the Disability Law Lowdown project.

To subscribe, look for the ASL Disability Law Lowdown podcast on iTunes, or visit ASL.DisabilityLawLowdown.com.

Updated April 28, 2008

Judge Rules Social Security Administration Must Accommodate Blind Beneficiaries

On April 23, 2008, Judge William Alsup of the U.S. District Court for the Northern District of California ruled that the U.S. Social Security Administration (SSA) must accommodate the real and legitimate needs of people with visual impairments who receive benefits from SSA. The agency is required under the Rehabilitation Act and the due process clause, the ruling states, to provide communications in formats that are accessible to these beneficiaries. Judge Alsup’s ruling cites a concern about “the possibility that the agency [SSA] channeled the discrimination claims of plaintiffs into a black hole from which there is no escape.”

The ruling came after SSA sought to dismiss a class action filed in federal court in 2005 by the American Council of the Blind and a group of individuals who are blind or have visual impairments filed a class action lawsuit against SSA, alleging that the agency fails to provide the most basic accommodations to its blind and visually impaired applicants and beneficiaries. To this day, the SSA communicates with blind and visually impaired applicants and beneficiaries in standard 12-point font print that they cannot read, and is unwilling to provide meaningful communication in alternative formats such as Braille, audio, large font or electronic text.

Plaintiff attorneys argued successfully that the agency is subject to the jurisdiction of Section 504 of the Rehabilitation Act of 1973, which bars discrimination on the basis of disability in federal programs, including removing communication barriers by providing “auxiliary aids” that allow persons with disabilities an equal opportunity to participate.

Plaintiffs in the lawsuit have gone without benefits as a result of SSA’s failure to give them effective notice of its actions. “Imagine receiving a phone call from the bank that your checks are bouncing and fees are mounting,” suggests American Council of the Blind Executive Director Melanie Brunson.

Attorneys for the plaintiffs include the Disability Rights Education and Defense Fund, Heller Ehrman LLP, the Oregon Advocacy Center, and the National Senior Citizens Law Center.

News articles about the ADA

The content of the news articles is externally linked and may be inaccessible to people with disabilities. Access to articles may expire after a duration.

Credit reports to be accessible to the blind (San Francisco Chronicle 4/24/2008)
The nation's major credit reporting companies will make on-line credit reports accessible to blind people's audio software under an agreement.
Disabled man's complaint prompts series of changes in Johnson County (Fort Worth Star-Telegram 4/17/2008)
Johnson County has changed how it works with disabled people after a man unhappy with the way he was treated filed a federal complaint.
Businesses must grant access to guide dogs (Brownsville Herald 4/13/2008)
Under the ADA, all privately owned businesses, as well as public buildings, must grant access to people with disabilities who have trained service animals. A "service animal" is a guide dog or any other type of animal that is particularly trained to assist someone with a disability.

Wal-Mart to Pay $300,000 to Rejected Job Applicant with Disability

KANSAS CITY, Kan. (4/17/2008) – Wal-Mart Stores, Inc. will pay $300,000 to a Hardin, Mo., man to settle a disability discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC).

In its suit, the EEOC alleged that Wal-Mart refused to hire Steve Bradley, who has cerebral palsy and uses crutches or a wheelchair for mobility, when he applied for employment at its Richmond, Mo., store in 2001. At the time, the retail giant was preparing to open a new 24-hour Supercenter and was conducting mass hiring. Bradley applied for any available job, but during his interview he was questioned about his ability to work using his wheelchair and was told he was “best suited” for a greeter position. Ultimately, the company refused to hire him. The EEOC’s suit (EEOC v. Wal-Mart Stores, Inc., No. 04-cv-0076 (W.D. Mo)) alleged that Wal-Mart violated Title I of the Americans with Disabilities Act (ADA) when it refused to hire Bradley.

In a proposed consent decree, which will require court approval, Wal-Mart agreed to pay $300,000 to Bradley, provide ADA training to managers at its Richmond store, notify job applicants about the decree and inform several Kansas City-area job service agencies that that the company seeks to employ qualified individuals with disabilities. If approved by the court, the EEOC will monitor the company’s compliance with the decree for two years.

The settlement followed a February 2007 decision by the U.S. Court of Appeals for the Eighth Circuit (EEOC v. Wal-Mart Stores, Inc., No.06-1583 [8th Cir.]) that reversed a district court ruling dismissing the case. Wal-Mart had claimed that Bradley would pose a safety risk to himself or customers if he worked at the store using a wheelchair or crutches. In addition to finding that the EEOC presented sufficient evidence for the case to go to trial, the appeals court also held, in an important ruling interpreting the ADA, that an employer bears the burden of proof if it claims that a disabled employee or applicant poses a “direct threat” to the health or safety of himself or others. After the appellate decision, the case was set to go to trial on March 31 of this year.

“We are pleased that after four years of litigation, Wal-Mart finally decided to resolve this matter,” said Jean P. Kamp, acting regional attorney of the EEOC’s St. Louis District Office. “This case sends an important message to employers that they cannot allow stereotypes or assumptions about disabled people to interfere with those people’s right to work in jobs for which they are qualified.”

“Working at Wal-Mart was a dream for Steve Bradley, and one that should have been attainable for him,” said Andrea G. Baran, the EEOC’s senior trial attorney who handled the case. “Mr. Bradley saw Wal-Mart’s ads on television showing disabled employees, and he thought it would be a great place to work. Unfortunately, Wal-Mart didn’t train its managers to see that an applicant’s ability, not his disability, is what matters. We’re very hopeful that this settlement signals Wal-Mart’s strengthened commitment to employing people with disabilities.”

National Council on Disability Recommends Improving Federal Data Describing the Status of Americans with Disabilities

WASHINGTON (4/21/2008) —The National Council on Disability (NCD) released Keeping Track: National Disability Status and Program Performance Indicators, calling on the Federal Government to do more now to improve federal data describing the status of Americans with disabilities.

This report is the result of a year-long effort. It describes what is known about the status of people with disabilities in the United States, and examines current data to assess the extent to which they meaningfully measure the well-being of people with disabilities.

According to NCD Chairperson John R. Vaughn, “There is much we do not know about the lives of people with disabilities. Currently, the statistics informing the policy debate are predominantly economic, such as employment and household income. Such statistics are helpful, but paint only part of the picture. Other quality of life dimensions are substantially overlooked. Although some surveys cover topics that are related to some aspects of well-being, such as income, assets, or health insurance status, they do not necessarily reflect other aspects of well-being as they would be defined by the target population.”

“During the past 30 years, advocates, policymakers, and a variety of public and private organizations have undertaken significant efforts to improve the lives of people with disabilities, culminating in the passage or improvement of legislation such as the Americans with Disabilities Act (ADA), various sections of the Rehabilitation Act, the Individuals with Disabilities Education Act, the Ticket to Work and Work Incentives Improvement Act, and others. Notwithstanding these various policies, little effort and progress has been made to measure and reflect upon the overall effectiveness and performance of these laws and policies, and their impacts on the quality of life for people with disabilities,” Vaughn concluded.

Updated April 8, 2008

Recent News Articles about the ADA

The content of the news articles is externally linked and may be inaccessible to people with disabilities. Access to articles may expire after a duration.

Feds to audit OKC for disability access (KTEN 4/7/2008)
Federal investigators from the U.S. Justice Department are to meet with Oklahoma City officials as they begin an audit of the city's compliance with the Americans with Disabilities Act
Segway gets the go-ahead for disabled mall patrons (Las Cruces Sun-News 4/2/2008)
A Las Cruces man has been given the green light to use his Segway at the Mesilla Valley Mall where he was initially barred.
Termination shouldn't be the answer to a disability (Houston Chronicle 4/2/2008)
The DBTAC Southwest ADA Center is quoted in this article!
Now is the time to act to protect the disabled (Chicago Tribune 3/31/2008)
Editorial by Lynne Landsberg
YMCA, Austin family spar over care of boy with diabetes (Austin American-Statement 3/25/2008)
Who should do that testing is the question at the center of a dispute about how far the local YMCA should go to accommodate children with medical conditions.
Prison system delays disabled inmates' aid (Rocky Mountain News 3/24/2008)
The Colorado prison system has missed two court-ordered deadlines to improve facilities and services for disabled inmates, some of whom have gone without glasses, wheelchairs or hearing aids for months or even years, according to court records.
Employer Bias Thwarts Many Blind Workers (Associated Press 3/16/2008)
Technology and training have improved to the point that blind people can adeptly perform a dazzling array of jobs — soon to include the governorship of New York. The biggest obstacle still in their way, advocates say, is the negative attitude of many employers.
Six Flags revises policy for disabled park patrons (Fort Worth Star-Telegram 3/14/2008)
Six Flags theme parks in Arlington and across the nation have implemented a two-stage policy to accommodate patrons with disabilities.

HUD Marks 40th Anniversary of the Fair Housing Act

WASHINGTON (4/1/2008) – More than 10,000 people filed housing discrimination complaints last year, most from persons with disabilities, according to an annual report released by the U.S. Department of Housing and Urban Development. HUD also found that race-based housing discrimination was the second most frequent reason individuals filed complaints.

Meanwhile, President Bush today issued a proclamation marking the 40th anniversary of the passage of Fair Housing Act.

Of the more than 10,000 complaints filed last year, 43 percent alleged discrimination against persons with disabilities while 37 percent alleged racial discrimination. Most complainants claimed to be victims of discrimination in the terms and conditions of the sale or rental of housing, or outright refusal to rent.