ADA Pipeline A Publication of the DBTAC: Southeast ADA Center Volume 18, No. 1, 2009 A Project of the Burton Blatt Institute: Centers of Innovation on Disability at Syracuse University A Publication of the DBTAC: Southeast ADA Center Inside [Table of Contents] [page number, title of article] 4 Making a Difference: Southeast DBTAC Affiliates Put the ADA in Action 8 I Just Want to Cross the Street: The ADA and Public Rights of Way 11 Department of Justice Update 16 One Stop Employment Centers Assist Workers with Disabilities 20 New Publications and Online Resources 22 Washington Redskins Must Comply with ADA [end of Table of Contents] Americans with Disabilities Amendments Act Signed on September 25, 2008 By Cheri Hofmann DBTAC: Southeast ADA Center Burton Blatt Institute at Syracuse University The Americans with Disabilities Act (ADA) was enacted to work towards a common goal of “equality” for people with disabilities in all aspects of life. Because a number of Supreme Court rulings have narrowed the way disability could be defined under the ADA, 18 years after it was originally passed, the ADA has been amended. On September 11, 2008, the U.S. Senate passed the ADA Amendments Act of 2008 on a voice vote, restoring Congress' original intent for the Americans with Disabilities Act (ADA) of 1990. In an odd twist of history, the ADA Amendments Act (ADAAA) was signed into law September 25, 2008 by President George W. Bush, son of the President who signed the original ADA. It is a small world indeed. [Photo removed of President Bush signing legislation.] The real buzz in support of amending the ADA began building about two years ago with the announcement of “The Road to Freedom” Tour. This tour was a national awareness campaign inspired by the historic journey of Justin and Yoshiko Dart who traveled America in the 1980’s to mobilize support for passage of the Americans with Disabilities Act. Throughout the Road to Freedom Tour, national and state disability leaders were joined by people with disabilities, family members and others in a campaign to restore and strengthen the ADA. Meanwhile, the push on Capitol Hill in Washington, DC was led by longtime congressional advocate Senator Tom Harkin (D-Iowa), as well as advocates such as Andrew Imparato of the American Association of People with Disabilities and Yoshiko Dart, widow of Justin Dart. The final version of the ADAAA passed overwhelmingly in the House of Representatives and by unanimous consent in the Senate. Although no one got everything they wanted, most agree it is a long overdue course correction for the ADA. Webster’s Dictionary defines the word “amend” as: 1: to put right; especially: to make emendations in (as a text) 2a: to change or modify for the better: improve b: to alter especially in phraseology; especially: to alter formally by modification, deletion, or addition . What needed to be amended in a law that we all cheered about 18 years ago when the elder President Bush signed the groundbreaking legislation into law on July 26, 1990? That truly is the question from many of our constituents across the Southeast, as well as “Do we have to relearn the ADA?” “What really was amended?” and, “What is available to help me understand these amendments?” Major Provisions of the ADA Amendments Act An important element of the ADA Amendments Act (ADAAA) is an instruction to the Supreme Court to interpret the ADA in a manner that favors “broad coverage” to ensure that more people are covered by its provisions. The ADAAA focuses on the [emphasis marked with italics] discrimination [end emphasis] at issue, instead of the individual's specific disability. It makes important changes to the definition of the term "disability" by rejecting the holdings in several Supreme Court decisions and in sections of the Equal Employment Opportunity Commission’s (EEOC) ADA regulations. The Act retains the ADA's basic definition of "disability" as an impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment. However, it changes the way that the statutory terms should be interpreted. The ADAAA directs EEOC to revise the portion of its regulations that defines the term "substantially limits.” Specifically, the ADAAA: • States that mitigating measures other than "ordinary eyeglasses or contact lenses" shall not be considered in assessing whether an individual has a disability; • Clarifies that an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active; • Provides that an individual subjected to an action prohibited by the ADA (e.g., failure to hire) because of an actual or perceived impairment will meet the "regarded as" definition of disability, unless the impairment is transitory and minor; • Provides that individuals covered only under the "regarded as" prong are not entitled to reasonable accommodation; and • Emphasizes that the definition of "disability" should be interpreted broadly. Moreover, the ADAAA expands the definition of "major life activities" by including two non-exhaustive lists. (Non-exhaustive means that the items included in the list are there only as examples of the types of things to be considered and are not intended to be lists of the only activities or bodily functions to be considered.) The first list includes many activities that the EEOC has recognized as being major life activities (e.g., walking) as well as activities that EEOC has not specifically recognized (e.g., reading, bending, and communicating). The second list includes major bodily functions (e.g., "functions of the immune system, normal cell growth, digestive, bowel, bladder, respiratory, neurological, brain, circulatory, endocrine, and reproductive functions"). Source: EEOC Notice Concerning Americans with Disabilities Act Amendments Act of 2008 (www.eeoc. gov/ada/amendments_notice.html) What’s Next? There will undoubtedly be many rounds of rulemaking by government agencies to issue new regulations to implement the revised ADA. Throughout this process, agencies will be seeking public comment that will provide another avenue to strengthen the law, or at the very least, oppose regulations that could undermine it. Furthermore, the courts will be faced with new round of lawsuits in the years to come that will certainly address issues that may remain unresolved or conflicts that arise as a result of the amendments to the ADA. Additional Resources The ADA Amendments Act of 2008 (ADAAA) http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:s3406enr.txt. pdf ADAAA Resource Sheet Developed by the DBTAC: Southeast ADA Center www.sedbtac.org/ada/publications/adaaa_resources.doc Comparison of the ADA (as construed by the courts) and the ADA, As Amended On page 18 of this issue of the ADA Pipeline, view a sample page from a comparison chart of the ADA and ADAAA, which was developed by the Georgetown Federal Legislation & Administrative Clinic or go to www.law.georgetown.edu/archiveada/documents. For more information, contact: DBTAC: Southeast ADA Center Toll Free: 1-800-949-4232 (voice/TTY) Email: sedbtacproject@law.syr.edu Website: www.sedbtac.org Comparison of the ADA (as construed by the courts) and the ADA, As Amended To review the complete document, go to http://www.law.georgetown.edu/archiveada/documents/ComparisonofADAandADAAA.pdf (PDF, 39KB) Prepared by Kevin Barry, Emily Benfer and Professor Chai Feldblum of the Georgetown Federal Legislation & Administrative Clinic (www.archiveADA.org). [Editor’s Note: This news item has been moved from its location in the original document so that persons using screen readers can access the information more easily after reading the preceding article, “Americans with Disabilities Act Signed on September 25, 2008.” In the graphic versions of this issue of the ADA Pipeline, this news article ”Comparison of the ADA (as construed by the courts) and the ADA, As Amended,” is presented as a chart or table that compares three issues under the ADA and then interprets or defines each issue under the requirements of the ADA and the ADA, As Amended by the ADA Amendments Act (also known as the ADAAA). The text below describes the information from the chart in a written format. The three issues are: (1) Scope of the Definition of Disability: In General; (2) Mitigating Measures; and (3) “Substantially Limits. Each issue will be followed by an interpretation or definition of the requirements under the ADA and the ADAAA.] Issue: Scope of the Definition of Disability: In General ADA (as construed by the courts): The ADA defines a “disability,” in part, as a physical or mental impairment that substantially limits a major life activity of an individual. (This is the first prong of the definition of disability.) In several cases, the Supreme Court has narrowly construed this definition in a way that has led lower courts to exclude a range of individuals from coverage, including individuals with diabetes, epilepsy, cancer, muscular dystrophy, and artificial limbs. ADA, As Amended by the ADA Amendments Act [ADAAA]: The ADAAA defines a “disability,” in part, as a physical or mental impairment that substantially limits a major life activity of an individual. (This is the first prong of the definition of disability.) The ADAAA rejects the Supreme Court’s interpretation of “substantially limits” by providing a rule of construction stating that the term “substantially limits” shall be interpreted consistently with the findings and purposes of the ADAAA. Findings and purposes make clear that Congress intended to apply a less demanding standard than that applied by the courts, and to cover a broad range of individuals. A rule of construction provides that the definition of disability shall be construed in favor of broad coverage of individuals, to the maximum extent permitted by the terms of the ADA. Issue: Mitigating Measures ADA (as construed by the courts): One way in which the Supreme Court narrowed the group of people covered under the ADA was by ruling, in the case of Sutton v. United Airlines, that mitigating measures (such as medication or devices) were to be taken into account in determining whether a person was substantially limited in a major life activity. Thus, if medication or devices enabled a person with an impairment to function well, that person was often held by a court not to have a disability under the ADA – even if the impairment was the basis for discrimination. ADA, As Amended by the ADA Amendments Act [ADAAA]: The ADAAA provides that the ameliorative effects of mitigating measures should not be considered in determining whether an individual has an impairment that substantially limits a major life activity. An exception is made for “ordinary eyeglasses or contact lenses,” which may be taken into account. Issue: “Substantially Limits” ADA (as construed by the courts): The Court held in Toyota Motor Mfg. of Kentucky v. Williams that an impairment “substantially limits” a “major life activity” if it “prevents or severely restricts the individual” from performing the activity. 534 U.S. 184, 198 (2002). ADA, As Amended by the ADA Amendments Act [ADAAA]: The ADAAA requires that the term “substantially limits” be interpreted consistently with the findings and purposes of the Act. The findings of the Act state that the EEOC and the Supreme Court have incorrectly interpreted the term “substantially limits” to establish a greater degree of limitation than had been intended by Congress. [end of chart text] ADA Pipeline ADA Pipeline is published twice each year by the DBTAC: Southeast ADA Center (Southeast DBTAC). The Southeast DBTAC is authorized by the National Institute on Disability and Rehabilitation Research, Grant #133A060094 to provide information, materials, and technical assistance to individuals with rights, as well as entities, that are covered by the ADA. The information, materials, and technical assistance are intended solely as informal guidance; this assistance does not serve as determination of your legal rights or responsibilities under the ADA, nor is it binding on any agency with enforcement responsibilities under the ADA. ADA Pipeline is available, free of charge, to subscribers in the eight southeastern states, and it is available upon request in large print, braille, audio cassette, and compact disk. Southeast DBTAC Project Staff • Peter Blanck, J.D., Ph.D Principal Investigator • Shelley Kaplan Project Director • Meera Adya, J.D., Ph.D Director of Research • Pamela Williamson Director of Training and Technical Assistance • Sally Weiss Director of Materials and Dissemination • Michael Morris, J.D. Chair, Business Leadership Council • Marsha Schwanke Web Developer • Mary Morder Help Desk Specialist/Newsletter Editor • Amy Oliveras Office Administration/Hispanic Outreach • Sarah Endicott Information Specialist • Cheri Hofmann Information Specialist/ Distance Learning Coordinator • Linda Priest Information Specialist • Becky Williams Information Specialist • Christine Woodell Information Specialist Making a Difference Southeast DBTAC Affiliates Put the ADA in Action Kentucky: Welcome to Our Newest Affiliate Members! The DBTAC: Southeast ADA Center (Southeast DBTAC) is pleased to introduce the newest members of its Affiliate Leadership Council. From Kentucky, please welcome: Melinda Mast, Executive Director of the Brain Injury Association of Kentucky (BIAK) and Barry Whaley, Executive Director of Community Employment, Inc, will serve in a collaborative partnership on the Southeast DBTAC’s Affiliate Leadership Council. The Brain Injury Association of Kentucky (BIAK) is a statewide network that links survivors of brain injury and their families to support from others with similar experiences; provides them with education and information about living and coping with brain injury; assists them in locating resources for financial assistance; and seeks to connect people with sources of emotional support. BIAK may be contacted at: Melinda Mast, Executive Director Brain Injury Association of Kentucky 7410 New LaGrange Road, Suite 100 Louisville, KY 40222 (800) 592-1117 (toll free) (502) 493-0609 (voice) (502) 426-2993 (fax) Email: melinda.mast@biak.us Website: www.biak.us Community Employment, Inc. provides opportunities for employment training and job placement in integrated community businesses for people with cognitive disabilities, brain injury and autism. Services include job evaluation, job development, training and consultation services, and on-going support services. Community Employment, Inc. may be contacted at: Barry A. Whaley, Executive Director Community Employment, Inc. 1974 Douglass Blvd. Louisville, KY 40205 (502) 451-5601 (voice) (502) 451-8518 (fax) Email: Barrycei@bellsouth.net BIAK and Community Employment, Inc. will draw on their statewide networks in Kentucky to promote the DBTAC’s mission of facilitating voluntary compliance with the Americans with Disabilities Act (ADA) via the core functions of technical assistance, training, information dissemination, public awareness, and capacity building. Please join us in welcoming Melinda and Barry to the Southeast DBTAC family. North Carolina: Making the Arts Accessible As a result of their past work related to ADA compliance and the arts, two North Carolina ADA Network local affiliates in Raleigh (Arts Access and Alliance of Disability Advocates) received a contract from the North Carolina Arts Council to conduct three regional ADA trainings in Asheville, Winston-Salem, and Kinston. These trainings assisted current North Carolina Arts Council grantees in complying with ADA requirements in their grant projects. The trainings took place on January 27-29, 2009. Tennessee: Making Websites Accessible Voter Access to Websites: The Disability Law and Advocacy Center of Tennessee (DLAC) sent the results of a survey of all Election Commission websites to the Tennessee State Coordinator of Elections. Survey results show that 38 of 95 counties have websites, and 31 of these websites offer sample ballots. Most counties offer sample ballots in “PDF” format, which is not typically readable with screen-reader software. Additionally, none of the web sites included statements of ADA compliance or notices listing whom to contact if voters needed assistance with the sample ballot, the website, or any other service that the commission offered. DLAC will work to have plain text sample ballots along with a statement of ADA compliance posted on county websites. Davidson County has already upgraded their web site as a result of a complaint filed with the Metro Nashville ADA Compliance Office by individuals who are blind. DLAC will follow up with the state to ensure that all websites offer online ADA accessibility in both services and documents. Making the Link: The Tennessee Disability Coalition (TDC) helped individuals who are blind contact the Tennessee Secretary of State Election Department regarding the accessibility of their website. Through this interaction, information on web accessibility has been shared and individuals who are blind are working with Department staff to provide feedback on accessibility issues. Close to Home: A staff member has been researching accessible credit card donation systems for use with the TDC website. In the process, TDC contacted Coalition members who are blind, the National Federation for the Blind, companies that provide donation services (such as Click & Pledge or PayPal), and the Center for Assistive Technology and Environmental Access at Georgia Tech. TDC shared its research by providing the donation service companies with information on accessibility and other recommendations. Consequently, the TDC plans to develop a donation and membership page on its web site that would have three components, two of which would provide accessibility, as follows: • Donations/Membership by mail –information about how to join or donate by mail. • Accessible Membership form - an accessible membership/donation form will be created for people interested in joining the TDC. TDC staff will respond using either print mail or e-mail, according to the new members’ preferred response format. • Join/Donate Now Button - would lead to an online form on another website, created through a service such as Click & Pledge, which would allow people to join or donate immediately by using a credit card. Helping out TASH: Due to advocacy by the TDC staff, the international TASH conference program (www.tash.org) on the web was made available in an accessible text format, as well as in PDF format. Tennessee: Yes, Names Will Sometimes Hurt Us TDC staff filed a complaint with the Metro Nashville ADA Compliance Office regarding a sign at an early voting precinct which read “Handicaps Proceed to Front of Line.” Although whoever posted the sign may have thought they were being helpful, additional training on people-first language and disability etiquette was needed. ADA Compliance Office staff responded that they will be conducting training for Metro ADA Coordinators in the near future that will cover these issues. They plan to provide additional training for the Election Commission poll workers prior to future elections, and they will involve people with disabilities and disability advocates in the training. Making a Difference Southeast DBTAC Affiliates Put the ADA in Action Tennessee: People with Disabilities on the Move! The Music City Moves! (MCM!) Initiative, (www.musiccitymoves.org) which began five years ago with a Robert Wood Johnson Grant, was aimed at reversing the trend of obesity in America. Nashville was one of 30 U.S. cities awarded this grant, administered by the Metro Nashville Planning Department. Other partners included: Walk/Bike Nashville, the Metro Health Department, the Tennessee Disability Coalition (TDC) and Center for Independent Living of Middle Tennessee (CILMT). The MCM! Initiative focused on making the built environment more accessible so that all residents of Davidson County could participate in regular physical exercise. During their meetings the group discussed the local ADA policy for sidewalks at construction sites. Inaccessible sidewalks with no alternate means of travel are a problem in many areas of the city. As a result of the involvement of TDC and CILMT: (1) a representative from the Metro ADA Compliance Office was assigned to MCM! Initiative group; and (2) the State of Tennessee Traumatic Brain Injury (TBI) Program worked with the Walk/Bike Nashville executive director on its bike safety training program. In addition, the TBI Program gave bike helmets to the bike safety program. Most recently, the mayor appointed the city’s director of the MCM Initiative to be the Bicycle and Pedestrian Coordinator for the Mayor’s Office. The mayor also appointed a Bicycle and Pedestrian Advisory Committee (BPAC) to assist in the implementation of the updated sidewalks and bikeways plan and other efforts to make Nashville a more walkable and bikeable city. One of the CILMT staff is also a member of the BPAC. Educating the Educators in Tennessee Over the past few months, TDC Assistant Executive Director Donna DeStefano has served on the Metro Nashville Public Schools’ Section 504 Committee at the request of Metro’s ADA Compliance Director. The goal is to develop an updated Section 504 Manual to be used by Metro Schools instead of the current manual which was developed by the State Department of Education. Ms. DeStefano connected the Tennessee Parent Training and Information Center (Support and Training for Exceptional Parents) staff with Metro Nashville Public Schools staff so that the parent’s group was able to have input into the Section 504 manual. As of this writing, the final draft is in process. Update on Lawsuit Regarding Tennessee Legislative Plaza Three ADA complaints were filed regarding inaccessibility at the Tennessee Legislative Plaza in Nashville. The U.S. Attorney’s Office has combined the complaints for settlement talks. The TDC Network Administrator talked with one of the plaintiffs who reported that she did a walk-through recently with the U.S. Attorney. An architect from Washington, D.C. also reviewed the site, and reportedly the state architects took careful note of what he said (e.g., doors too heavy; toilet issues, grab bars). The plaintiff is working with the US Attorney’s office on a resolution, which is currently in negotiation. [Note: Photo (removed) of people with and without disabilities waiting in a hallway at the Tennessee Legislative Plaza.] Making a Difference Southeast DBTAC Affiliates Put the ADA in Action Georgia: The Disability Resource Group and Cross-Cultural Technical Assistance The Disability Resource Group is the Southeast ADA Center’s State Affiliate for Georgia. They wrote the following article in response to a call they received. The article was translated into Chinese for the editor of a Chinese-language community newspaper. Excerpts from this article have been printed in Chinese and Korean newspapers in Georgia. Service Animals – Myths and Facts Lee has owned and operated an excellent Chinese buffet restaurant in Atlanta for about ten years. Last summer his hostess refused to allow a young woman using a wheelchair to come in because she insisted that her service dog should come in with her. The hostess talked to the manager, and the young woman was again refused entry with her dog and was told that dogs are never allowed in restaurants. The young woman showed the manager a card explaining that her dog is trained to assist her and that the Americans with Disabilities Act (ADA) requires restaurants to allow service animals inside. The manager called the police, who told him that they had no authority in such cases. Refusing to go in the restaurant without her dog, the young woman was not seated. Noting that the dog was wearing no harness or special sign, Lee persisted and asked the woman and her dog to leave the premises. Three months later, the young woman’s attorney contacted Lee, informing him that he was being sued for violating the Americans with Disabilities Act. Lee retained his own lawyer, and eventually they reached a settlement without going to court. He paid both his and the young woman’s attorney fees, was required to put up signs saying all service dogs are welcome in his restaurant, and had to provide instruction to all of his staff on the Americans with Disabilities Act. Had the case actually gone to court, Lee would have lost a great deal more money. As it was, he still had to pay out about seven thousand dollars to the lawyers. Many Chinese business owners do not realize that all businesses in the United States that provide goods or services to the public are required to comply with the ADA This law requires businesses to “accommodate” people with disabilities so that they can purchase goods or benefit from the services that the businesses offer. No matter how small the business, even in a one-person coffee shop, owners are required to make any changes necessary, within budgetary restraints, to enable people with disabilities to participate. For example, a buffet restaurant manager should provide, upon request, a staff person help a patron in a wheelchair fill his plate and carry it to the table. A clothing shop owner should help a blind person find items she is searching for and tell her the size and cost. People with many types of disabilities now use service animals. People with seizures may have dogs trained to alert them that they are about to have a seizure. Blind people often have dogs to guide them. People with difficulty walking may have a dog to help them stay standing when they are dizzy or feeling weak. The ADA requires that business owners do not ask for proof of the dog’s training or certification, but take the dog owner’s word that the dog is a service animal. If the dog does not behave appropriately, (for example, if the dog barks, growls, sneaks food from the table, or sniffs other patrons), however, the business staff can ask its owner to leave and not come back with the dog until it has learned proper behavior. If you need more information about service animals or the Americans with Disabilities Act, please call the Disability Resource Group at 770-451-2340. We have materials in English and in eight other languages. You can also call a regional DBTAC: ADA Center at 800-949-4232 (voice/TTY). I Just Want to Cross the Street The ADA and the Public Rights of Way By Cheri Hofmann, Distance Learning Coordinator/ADA Information Specialist and Christine Woodell, ADA Information Specialist DBTAC: Southeast ADA Center, Burton Blatt Institute at Syracuse University Currently, many cities, municipalities and private businesses are facing increasing pressure from individuals and disability advocacy groups to make sidewalks and curbs conform to the requirements of the Americans with Disabilities Act (ADA). Access to civic life by people with disabilities is a fundamental goal of the ADA and access to public rights-of-way is critical. Public rights-of-way include sidewalks and streets, including crosswalks, curb ramps, street furnishings, pedestrian signals, and parking and are covered under Title II of the ADA. Title II of the ADA requires state and local governments to make their programs and services accessible to persons with disabilities. Both the ADA Standards for Accessible Design (ADA Standards) and the Uniform Federal Accessibility Standard (UFAS) contain technical requirements for the construction of accessible exterior pedestrian routes that may be applied to the construction of public rights-of-way. In the absence of a specific federal standard, public entities may also satisfy their obligation by complying with any applicable State or local law that establishes accessibility requirements for public rights-of-way that are equivalent to the level of access that would be achieved by complying with the ADA Standards or UFAS. Achieving full accessibility in the public rights of way presents distinctive challenges since specific guidance has not yet been provided by the enforcement agencies. The U.S. Access Board has been working to address this situation and is currently developing new guidelines that will include access for pedestrians who are blind or have low vision at street crossings, wheelchair access to on-street parking, and various constraints posed by space limitations, such as bus stops, roadway design practices, slope, and terrain. The new guidelines will also cover pedestrian access to sidewalks and streets, including crosswalks, curb ramps, street furnishings, pedestrian signals, parking, and other components of public rights-of-way. Stay up to date on the federal rulemaking for Public Rights of Way at www.access-board.gov/prowac/index.htm. Additional Resources ADA Information from the DBTAC: Southeast ADA Center 1-800-949-4232 (v/tty) www.sedbtac.org Curb Ramps and Pedestrian Crossings www.ada.gov/pcatoolkit/chap6toolkit.htm Accessible Sidewalk Videos www.access-board.gov/news/sidewalk-videos.htm Accessible Public Rights-of-Way Planning and Design for Alterations www.access-board.gov/prowac/alterations/guide.htm Accessible Rights-of-Way: A Design Guide www.access-board.gov/prowac/guide/PROWGuide.htm U.S. Department of Justice Amicus Brief: Barden v. City of Sacramento www.usdoj.gov/crt/briefs/barden.pdf Accessible Pedestrian Signals www.accessforblind.org/aps_abt.html Designing Sidewalks and Trails for Access www.fhwa.dot.gov/environment/sidewalk2/index.htm Southeast DBTAC Welcomes the TACE Center The Southeast DBTAC is pleased to welcome another BBI project, The Technical Assistance and Continuing Education Center: Region IV (TACE Center). The TACE Center is a partnership of the DBTAC: Southeast ADA Center, East Carolina University (ECU), and the Burton Blatt Institute (BBI) and is co-located with the Southeast DBTAC in Atlanta, Georgia. Funded by a five-year grant from the Rehabilitation Services Agency, the TACE Center’s goal is to improve the quantity and quality of employment outcomes for individuals with disabilities through enhanced technical assistance and continuing education for State Vocational Rehabilitation agencies and their agency partners (e.g., Centers for Independent Living, Client Assistance Programs, and Community Rehabilitation Programs). Like the Southeast DBTAC, the Southeast TACE Center serves the eight states that make up Region IV: Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina and Tennessee. How to Contact TACE Center Region IV: Toll-free: (866) 518-7750 (voice/TTY) (678) 686-1712 (voice/TTY) (404) 541-9002 (fax) Hours: Monday - Friday, 9:00 a.m. to 5:00 p.m. (Eastern Time) Web: http://TACEsoutheast.org Email: tacesoutheast@law.syr.edu A Friendly Reminder for State and Local Government Agencies and Private Businesses As part of the economic stimulus package, Congress passed — and President Obama signed into law — the American Recovery and Reinvestment Act of 2009 (ARRA). Under the ARRA, funds are being distributed by Federal agencies to State and local governments throughout the country to build, repair, and upgrade a wide range of facilities, systems, and programs. The Department of Justice wants to take this opportunity to remind State and local government officials — as well as business owners and building professionals — of their obligations under the Americans with Disabilities Act (ADA). Generally, agencies or companies that build new facilities or alter existing facilities must comply with the ADA Standards for Accessible Design. The ADA also requires that all State and local government programs and services and all goods and services offered to the public by businesses must be accessible to people with disabilities. The National Network of DBTAC: ADA Centers (DBTACs) can answer your questions by calling the toll free number at 1-800-949-4232 (voice/TTY). You can also call the Department of Justice ADA Information Line at 1-800-514-0301 (Voice) or 1-800-514-0383 (TTY) to help you understand your responsibilities. If you want to read or download the ADA Standards for Accessible Design, visit the Justice Department’s ADA Website at www.ada.gov, where the Standards and a wealth of other ADA information are available. Do You Need this Newsletter in an Accessible Format? For a copy of the ADA Pipeline in regular print, PDF, large print or plain text, check out the Publications/Newsletter section of our web site at www.sedbtac.org/pipeline.php for links to those formats. If you need to order a copy in Braille, please contact us at 1-800-949-4232 (voice/TTY) or e-mail us at sedbtacproject@law.syr.edu. US Business Leadership Tapped by Labor's Office of Disability Employment for Strategic Alliance to Promote Employment of Americans with Disabilities Note: The US Business Leadership Network is one of the DBTAC’s strategic partners, assisting us in our efforts to reach out to employers and educate them on the ADA and the ADAAA and to support their efforts to employ people with disabilities. The US Business Leadership Network (USBLN®) announced that it entered into a Strategic Alliance with the U.S Department of Labor's Office of Disability Employment Policy (ODEP) to promote employment of people with disabilities nationwide. The USBLN® is the third organization to receive this prestigious honor, along side the Society for Human Resource Management (SHRM) and CVS/Caremark. "We are honored and humbled by ODEP's recognition of the good work being done by the US Business Leadership Network, its 54 BLN affiliates, and corporate members," stated John D. Kemp, executive director and general counsel of the USBLN®. "Our alliance will allow our organization to further discuss how organizational structures, values, policies, and day-to-day practices affect all aspects of the employment of people with disabilities - including recruitment, hiring, retention, and promotion." On September 12th, Kemp signed the alliance agreement with (former) ODEP Assistant Secretary Neil Romano. According to ODEP this collaboration will provide USBLN® members and other employers with information, guidance and access to resources that will help them to recruit, hire and advance workers with disabilities. Through such alliances, ODEP (www.dol.gov/odep) partners with organizations to develop model policies, programs and strategies, as well as forge new channels for training, education and outreach. The agency's Alliance Initiative is open to businesses, trade and professional associations, labor unions, educational institutions, government agencies and others. "The USBLN looks forward to advancing disability employment strategies that focus on talent, and our new alliance with ODEP further strengthens our commitment," summarized Katherine McCary, Vice-President of SunTrust Bank and Chair of the USBLN Board of Directors. The USBLN is the only national business organization currently representing BLN chapters in 32 states - including the District of Columbia - and more than 5000 employers [by] using a 'business to business' strategy to promote the business imperative of including people with disabilities in the workforce and marketplace. ADA Title II and Title III Amended Rules and Regulations on Hold On January 21, 2009, the Department of Justice notified the Office of Management and Budget (OMB) that the Department has withdrawn its draft final rules to amend the Department’s regulations implementing Title II and Title III from the OMB review process. (The draft final rules that were withdrawn included the controversial rules affecting the definition of “Service Animal.”) This action was taken in response to a memorandum from the President’s Chief of Staff directing the Executive Branch agencies to defer publication of any new regulations until the rules are reviewed and approved by officials appointed by President Obama. No final action will be taken by the Department with respect to these rules until the incoming officials have had the opportunity to review the rulemaking record. Incoming officials will have the full range of rule-making options available to them under the Administrative Procedure Act. For more information go to: www.ada.gov/ADAregswithdraw09.htm Department of Justice Update Enforcing the ADA: A Status Report from the Department of Justice This summary is excerpted from Disability Rights Online News, a bi-monthly update of activities of the Civil Rights Division in the area of disability rights, and from Enforcing the ADA, a quarterly status report on ADA activities. It highlights ADA activities of the Department of Justice in the Southeast from March 2008 to February 2009. The full reports are available at www.ada.gov/disabilitynews.htm and www.ada.gov/statrpt.htm. Title II Amicus Brief Long v. Benson --The Civil Rights Division of the Department of Justice filed a statement in the U.S. District Court for the Northern District of Florida in Long v. Benson supporting the validity of the Department’s Title II regulation requiring State services to be provided in “the most integrated setting appropriate to the needs of qualified individuals with disabilities.” The lawsuit was brought by Medicaid-supported residents of nursing facilities who alleged that Florida discriminated against them by failing to provide adequate access to care in integrated, community-based settings, rather than in nursing homes. The State asked the court to dismiss the case, arguing that Title II of the ADA did not provide statutory authority for the Department’s integration regulation. In response to a request for guidance from the court, the Department filed a statement in support of the regulation, arguing that both the integration regulation and the ADA statute itself prohibit the unjustified isolation of individuals with disabilities. The district court upheld the validity of the integration regulation and refused to dismiss the case. (Filed April 2, 2009) www.usdoj.gov/crt/briefs/longbenson.pdf (PDF format) Title III Amicus Brief Ault v. Walt Disney World Co. - Objections of Amicus Curiae United States to Proposed Disney Class Action Settlement Agreement —This document outlines “friends of the court” objections to the proposed Settlement Agreement with Walt Disney World regarding the use of Segway mobility devices by persons with disabilities who visit Disney theme parks. (Filed March 12, 2009) www.ada.gov/briefs/disneyclassobjectionsbr.pdf (PDF format) www.ada.gov/briefs/disneyclassobjectionsbr.wpd (Word Perfect format) www.ada.gov/briefs/disneyclassobjectionsbr.doc (Word format) Title III Formal Settlement Agreements Garibaldi’s Inc., Savannah, Georgia --The Department reached an agreement with Garibaldi’s, Inc. that will make the facilities of Garibaldi’s Restaurant and menu items served at the nearby Savannah Bistro accessible to people with disabilities. Because of historic features, narrow sidewalks, and the close proximity of the city’s underground utilities, making the Bistro accessible was not readily achievable. Garibaldi’s, Inc., however, also owns and operates Garibaldi’s Restaurant, which is less than 100 feet away from the Bistro. The owner agreed to make Garibaldi’s Restaurant fully accessible and to make the Bistro’s menu selections available at Garibaldi’s. In addition, the owner agreed to pay the complainant damages in the amount of $1,000. (Signed Feb. 8, 2008) www.ada.gov/garibaldi.htm (HTML format) Golden Cab Corporation, West Palm Beach, Florida --The U.S. Attorney’s Office for the Southern District of Florida reached an agreement with Golden Cab Corporation resolving a complaint alleging that the company refused to provide a taxi ride to a passenger because she was accompanied by her service animal. Golden Cab agreed to adopt a written policy stating that its drivers may not refuse to transport a person with a disability because that person is accompanied by a service animal or to charge that person an extra fee. It also agreed to distribute the policy and provide training to all present and future reservation call-takers, dispatchers, and taxi drivers dispatched by Golden Cab, and other employees or contractors whose duties involve contact with Golden Cab’s customers. The company also agreed to require all drivers dispatched by Golden Cab and all individuals using vehicles owned or leased by Golden Cab to post a large-print sign inside or outside of each taxi indicating that people with disabilities accompanied by service animals are welcome in Golden Cabs. Golden Cab agreed to promptly investigate complaints and to impose appropriate sanctions. In addition, Golden Cab agreed to pay $1,000 in compensation to the complainant and a civil penalty of $1,000 to the United States. (Signed Feb. 21, 2008) Settlement: www.ada.gov/golden_cab.htm Wal-Mart Stores, Inc. (Wal-Mart) — This Agreement resolves an investigation of Wal-Mart conducted by the Department of Justice (United States) under Title III of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12181, et seq. The United States initiated this investigation after it received several complaints alleging that Wal-Mart discriminated against people with disabilities by failing to make reasonable modifications to rules, policies, and procedures at Wal-Mart stores nationwide. In particular, several complainants alleged that Wal-Mart denied equal access to its stores for people with disabilities who use service animals; at least five complainants alleged a failure to provide disability-related assistance, two complainants alleged that Wal-Mart denied equal access by failing to make reasonable modifications in order to accept payment by people with disabilities at different stores; and one complainant alleged that a Wal-Mart auto service department denied him equal access to its services because he was deaf and did not have a cellular telephone. (Signed Jan 16, 2009) Settlement: www.ada.gov/walmart.htm Fact Sheet: www.ada.gov/walmartfctsht.htm Push My Swing, Inc., Camden, South Carolina — The Department reached a Settlement Agreement with Push My Swing, Inc., a child care center. A parent seeking to enroll her child, who has a mobility disability and wears leg braces, alleges that Push My Swing denied the child admission to the child care center on the basis of disability. Push My Swing initially accepted the child’s application and a check of $25 for the deposit. However, Push My Swing later denied the child admission to the center, stating that its insurance company would not cover her if she fell down, and returned the check to the parent. (Signed Sept 14, 2008) Settlement: www.ada.gov/pushmyswing.htm Hotel Group Will Eliminate Physical Barriers and Provide Effective Communication Devices for Guests Who Have Disabilities — On November 18, 2008, Promus Hotels, Inc., which is affiliated with the Hilton Hotel Corporation and owns or operates 23 Hampton Inn and Suites across the country, reached a settlement agreement with the Department resolving a complaint alleging that a Hampton Inn and Suites in Memphis, Tennessee, did not provide the equipment required to alert guests with hearing disabilities to door knocks, telephone and wake up calls, and also lacked text telephones (TTYs) as required by the ADA. The comprehensive settlement agreement affects all Hampton Inn and Suites owned or operated by Promus. Under the agreement, Promus will provide kits containing visual signaling devices and TTYs to each of its 23 hotels. Promus will also conduct a comprehensive survey of its properties to evaluate their accessibility and will remove any architectural barriers identified. Other Settlements The U.S. Attorneys obtained informal settlements in the following cases – Middle District of Tennessee --An individual who is deaf complained that a major hotel and resort complex did not have rooms accessible to people with hearing disabilities. The hotel agreed to permanently install visual alarms and notification devices in 107 guest rooms by 2009. In the interim, the hotel will make available 50 communication kits, including an alarm, a notification device, and a TTY, for guests who are deaf or hard of hearing. The hotel also agreed to place TTY’s at its front desks and to post signage at all lobby phone banks directing people to the TTY’s. The hotel also compensated the complainant $1,000 and paid $5,000 in civil penalties. Southern District of Mississippi --An individual with a mobility disability complained that a municipal arts center lacked accessible parking and an accessible route from parking to facility entrances. The arts center installed accessible parking and modified curb ramps creating an accessible path of travel to all building entrances, installed curb ramps serving pedestrian approaches to the facility, including an accessible pedestrian drop-off area, and eliminated changes in level that created barriers along the path of travel to the facility. An individual with a mobility disability complained that a specialty food store’s aisles were inaccessible. The store agreed to create and maintain aisles that are wide enough to provide access to display racks and counters. The store also agreed to install a sign informing customers with disabilities that employee assistance is available for reaching items that may be displayed above the required reach ranges and to train employees to assist customers with disabilities. Other Enforcement News In partnership with the Burton Blatt Institute (BBI), the Southeast DBTAC’s Legal Team analyzes legal and policy developments relevant to civil rights protections and the impact of court decisions in the Southeast Region under the Americans with Disabilities Act (ADA). Also highlighted are legal terminology and policy developments relevant to information technology (I T) accessibility. Visit www.sedbtac.org/legalissues.php?idpg=14 to view Legal Updates on Professional Licensing Issues: Title II of the ADA Applied to State and Local Professional Licensing, Telework Options for Employees with Disabilities, Reassignment as ADA Reasonable Accommodation in Manufacturing Industries of Southeast U.S.: Comparing Appellate Court Outcomes, and much more! Housing Discrimination The U.S. Department of Justice’s housing discrimination complaints and settlements are available at www.usdoj.gov/crt/housing/fairhousing/. An important settlement in the Southeast Region included: On September 29, 2008, Murphy Development, LLC, was sued by the Department in federal court in Nashville, Tennessee, for failing to provide required accessible features for people with disabilities at seven Nashville-area multi-family housing developments, as required by the federal Fair Housing Act. The complexes, which together have more than 375 ground floor units covered by the Fair Housing Act’s accessibility requirements, are Meadowcreek Apartments, Miller Town Apartments, 17th Street Apartments, Forest View Apartments, Swiss Ridge Apartments, Lakeside Apartments, and Stonebridge Apartments. According to the complaint, these developments lack some walkways needed to connect covered dwelling units to public and common use areas, and, where walkways are provided, they are too steeply sloped to be accessible to people who have mobility disabilities. In addition, the exterior doors to covered dwellings have handles that require tight grasping and twisting of the wrist, making the apartments inaccessible to people who have limited dexterity or grasping ability, and the complexes have non-protected stairways and other protruding objects that pose a danger to people are blind or have low vision. The lawsuit seeks a court order requiring the defendants to modify the complexes to bring them into compliance with federal law and prohibiting future discrimination. It also seeks monetary damages to compensate victims of discrimination and a civil penalty to be paid to the government to vindicate the public interest. Consent Decrees Justice Department Settles Allegations of Disability and Religious Discrimination Against Nashville, Tennessee. On January 29, 2009, the United States entered into a consent decree resolving allegations that the Metropolitan Government of Nashville and Davidson County (Metropolitan Government) violated the Fair Housing Act (FHA) and the Religious Land Use and Institutionalized Persons Act (RLUIPA) by discriminating against Teen Challenge, a Christian substance abuse treatment program. In a federal lawsuit filed in September 2008, the United States alleged that the Metropolitan Government discriminated against individuals with disabilities in violation of the FHA and imposed a substantial burden on religious exercise in violation of RLUIPA. According to the complaint, the Metropolitan Government denied Teen Challenge a building permit to operate in Goodlettsville, Tennessee, and amended its zoning code in a manner that prevented Teen Challenge from using the property. The consent decree, which must still be approved by the court, requires the Metropolitan Government to train nearly 100 employees and officials who make zoning and land use decisions on the requirements of the FHA and RLUIPA, to appoint a compliance officer to receive complaints and ensure compliance with the settlement, and to provide periodic reports to the Justice Department. As part of the settlement, the Metropolitan Government rescinded the amendment to its zoning code that affected Teen Challenge and adopted a reasonable accommodation policy for individuals with disabilities. The Metropolitan Government will also pay a $20,000 civil penalty to the United States and $50,000 to participants in Teen Challenge’s program. New Project Civic Access Settlement Agreements Project Civic Access (PCA) is the Department’s wide-ranging initiative to work cooperatively with local governments to ensure that their programs and activities comply with the ADA, allowing people with disabilities to participate more fully in the civic life of their communities. On September 25, 2008, the Department signed a settlement agreement with Pike County, Kentucky, under which people with disabilities will be better able to attend community meetings, view government websites, enjoy local parks and recreational facilities, and vote at their local polling places. The Department previously signed PCA agreements with Pike County’s Health Department and Public Library District. (Signed 09/25/08) Settlement: www.ada.gov/pike_co_pca/pike_co_sa.htm Fact Sheet: www.ada.gov/pike_co_pca/pike_co_facsht.htm On September 26, 2008, the City Council of Gadsden, Alabama, entered into a settlement agreement with the Department under which the city will implement a grievance procedure, comply with ADA requirements for effective communication, and improve access to sidewalks and numerous municipal facilities including government office buildings, parks and recreational centers, community centers, and the police department. City officials worked cooperatively with the Department throughout the investigation in order to reach this agreement. (Signed 09/25/08) Settlement: www.ada.gov/gadsden_pca/gadsdensa.html Fact Sheet: www.ada.gov/gadsden_pca/gadsden_facsht.htm ADA Mediation Highlights The ADA Mediation Program is a Department-sponsored initiative intended to resolve ADA complaints in an efficient, voluntary manner. Mediation cases are initiated upon referral by the Department when both the complainant and the respondent agree to participate. The program uses professional mediators who are trained in the legal requirements of the ADA and has proven effective in resolving complaints at less cost and in less time than traditional investigations or litigation. Over 78% of all complaints mediated have been resolved successfully. In Florida, an individual with a mobility disability complained that she was denied access to a mental health hospital because she uses a service animal for balance. The hospital changed its policy and developed procedures to allow service animals to accompany individuals throughout the facility. In Alabama, the children of a person with a manual dexterity disability complained that a chain restaurant refused to provide their parent with a safety cup that the restaurant provides to children. The company reaffirmed its commitment to modifying its policies for persons with disabilities, provided ADA training to all employees in the region, required that two of the restaurant’s managers, one of whom was demoted due to this incident, write the complainants an apology letter, and provided a free meal to the complainants. A wheelchair user complained that a North Carolina department store allowed merchandise to block the accessible route and stored boxes in the accessible dressing rooms. The store increased space between the racks, trained employees to ensure that merchandise is not stored in the aisles or in the dressing rooms, and apologized to the complainant. In North Carolina, a person who is deaf complained that a dental office refused to provide a qualified sign language interpreter for a visit to discuss surgery. The practice changed its policy and trained its staff in providing effective communication, including sign language interpreters, and posted signs in the office about the policy. The practice also apologized to the complainant, reimbursed her for costs incurred, and paid her $200. In Georgia, a person who is deaf complained that a veterinary practice refused to provide her with a qualified sign language interpreter for a discussion of a complex surgical procedure for her service animal. The practice developed a policy to ensure effective communication, including provision of qualified sign language interpreters upon request, trained employees on the policy, and reimbursed the complainant $600. In North Carolina, a golfer with a mobility disability complained that a course did not allow off-path travel for golf carts used by people with disabilities. The parties agreed that the golf course did have a policy allowing off-path travel in appropriate circumstances but that the policy was not adequately communicated to golfers. The course agreed to institute ongoing training for all employees on course policies and the ADA and issued a written apology to the complainant. In Florida, a person who uses a wheelchair complained that a fast food restaurant had an inaccessible path to an otherwise accessible toilet stall, because the entrance to the restroom was too narrow. The restaurant agreed to modify the entrance to provide wheelchair access. One Stop Employment Centers Assist Workers with Disabilities Access to “Generic” Employment Services for People with Disabilities Did you know that people with disabilities can and should have full access to the “One Stop” Employment Services provided to job seekers and employers in your state? Each state may have a different name for this “One Stop” program—for instance, JobLink, [Name of State] Works!, or, even, One Stop Employment Center. But like a rose by any other name, each of these variously named programs provides the same array of job-related services. Under the Workforce Investment Act (WIA), all federally funded employment services and providers have now been consolidated under “one roof,” where job seekers can find employment information and resources, training and job-finding assistance without having to go from place to place. This includes, where necessary, referral to Vocational Rehabilitation (VR) for some or even all of the services an individual may require. However, instead of being automatically referred to VR when someone with a disability comes into a One Stop Center, WIA requires full access to the range of generic job services the Center provides. Here’s an example of what South Carolina’s One Stop program— South Carolina Job Link—provides: South Carolina JobLink is a free job matching and workplace information service for job seekers and employers. It is the portal to services offered through the South Carolina Employment Security Commission. South Carolina JobLink can assist the job seeker by providing the following services: Job Listings—a basic search can be made based on a variety of criteria; Resume Preparation—build, edit, and print your resume that can be viewed by employers; Labor Market Information—provides up-to-date statistics on employment trends; Community Resources— connect to numerous state and national disability and government resources. It also includes a link to the Southeast ADA Center (Southeast DBTAC) for current, confidential and free information about the ADA and the ADA Amendments Act (ADAAA). South Carolina JobLink is also a valuable tool for employers to post their current job openings, review resumes, and track the number of people who have viewed their openings. Let South Carolina JobLink be your link to the future. To get started, visit South Carolina JobLink at: www.scjoblink.org. Speaking of One Stop Centers…. In Alabama, the One Stop Centers are called “Career Centers,” and Brian Burrows, Peer Advocate, at Independent Living Resources of Greater Birmingham, wrote the following article about an excellent national initiative that facilitates individuals with disabilities access to the Career Center services and other supports they need in order to become competitively employed in their communities. The Disability Program Navigator Project and the ADA By Brian Burrows, Peer Advocate, Independent Living Resources of Greater Birmingham The Disability Program Navigator Project (DPN) is a nationwide initiative designed to improve both physical and programmatic access to Career Center services for people with disabilities. In Alabama, the DPN initiative is called Mapping Access to Program Services or MAPS. There are a total of 40 Career Centers located throughout Alabama, 21 Comprehensive and 19 Satellite Centers. The Alabama DPN initiative has done several things to improve Career Center accessibility. The main physical improvement has been the implementation of the Universally Accessible Workstation. Each workstation includes, but not limited to, a 19 inch monitor on a moveable arm, JAWS, ZoomCaps, Closed Circuit Television, TTY, Williams Sound TeleTalker Amplified Phone, height adjustable computer table, and a Kensington Comfort Type Keyboard. The workstation is available in all comprehensive Career Centers for job search and other job-related activities. Other physical improvements include making sure entrances, pathways, and bathrooms are accessible, and the installation of a video interpreting system in the majority of the Comprehensive Career Centers. This system will enable customers who are deaf to have immediate access to a certified interpreter so communication with Career Center staff will be on demand and effective. The Alabama DPN initiative has improved Career Centers programmatically by training the staff on disability-related issues, such as disability etiquette, the ADA, people first language, and disability specific trainings as well. MAPS also developed a web-based training curriculum available to anyone at anytime. The curriculum is composed of 14 E-Learning modules on specific disabilities, ADA, and much more. The curriculum is available on the MAPS website at www.rehab.state.al.us/maps. As a result of the DPN initiative, people with disabilities are able to access job search related services without barriers. One Stop Employment Resources Disability Employment Statistics Released In February 2009, the rate of working age people with disabilities in the labor force was 23.0 percent. The unemployment rate for those with disabilities who were actively seeking work was 14.0 percent. (Source: Department of Labor, Office of Disability and Employment Policy) For more information, visit the Southeast ADA Center web site at www.sedbtac.org/articles.php?idpg=8&id=5765 and www.bls.gov/cps/cpsdisability.htm. U.S. Labor Department Makes Available to Employers Database of More Than 1,900 Job Candidates with Disabilities The U.S. Department of Labor will make available to employers nationwide a free database of 1,921 job candidates with disabilities seeking employment in a wide variety of fields. Federal employers can tap into this ongoing recruitment resource online at http://WRP.gov, and private sector, other government and nonprofit employers can request unlimited searches by calling the Labor Department’s Employer Assistance and Recruiting Network (EARN) at 866-327-6669 to access the database. Workforce Recruitment Program for College Students with Disabilities (https://wrp.gov) Co-sponsored by the Labor Department’s Office of Disability Employment Policy (ODEP) and the U.S. Department of Defense, this program compiled a database by sending recruiters to college campuses across the country to interview eligible undergraduate and postgraduate students, as well as recent graduates. One Stop Tool Kit Website www.onestoptoolkit.org This website is targeted toward state and local One-Stop service providers, but it contains resources that will be useful to a broader audience, including individuals with disabilities, advocates, parents, counselors and other employment professionals. Visit www.careeronestop.org for information about career services for workers and employers, laid-off worker assistance, and the location of One-Stop Career Centers. Or call: Toll-free: 1-877-872-5627 or TTY: 1-877-889-5627 There are more than 590 One Stop Centers in the Southeast Region! National ADA Symposium 2009 Will Be Held on June 8-10 The National ADA Symposium is the most comprehensive conference available on the Americans with Disabilities Act and related disability laws. The 2009 National ADA Symposium will be held June 8-10 at Hyatt Regency Crown Center in Kansas City, Missouri. This three day event offers an extensive session schedule on a variety of topics as well as two Professional Development Programs, one for ADA Coordinators and another for those involved in accessible design. Presenters for the 2009 ADA Symposium include representatives from the key federal agencies involved in implementing the ADA such as the U.S. Department of Justice (DOJ), the U.S. Access Board, and the Equal Employment Opportunity Commission (EEOC). A highlight of the 2009 Symposium is a Keynote Luncheon featuring United States Senator Tom Harkin as the Keynote Speaker. Senator Harkin was the leading sponsor of both the Americans with Disabilities Act of 1990 and the 2008 ADA Amendments Act and is a major advocate of disability rights. The theme of the 2009 Symposium is "Revitalizing the ADA." For more information and registration, visit www.adasymposium.org. The National ADA Symposium is sponsored by the DBTAC-Network of ADA Centers, a project of the National Institute on Disability and Rehabilitation Research (NIDRR). The DBTAC-ADA Centers were established in 1992 by the U.S. Dept. of Education to provide training, technical assistance, and information on the Americans with Disabilities Act. Disability Law Handbook The DBTAC: Southwest ADA Center (Region 6) has recently produced The Disability Law Handbook, a 50-page guide to the basics of the ADA and other disability-related laws. The Handbook is written in a frequently asked questions (FAQ) format and provides answers about the ADA, the ADA Amendments Act, the Rehabilitation Act, Social Security, the Air Carrier Access Act, Individuals with Disabilities Education Act, the Civil Rights of Institutionalized Persons Act, and the Fair Housing Act Amendments. To download The Disability Law Handbook, go to www.dlrp.org/html/publications/dlh/index.html. Note: The Disability Law Handbook is available only in electronic format (HTML and PDF files). Print copies are not available. Southeast DBTAC’s Cheri Hofmann Wins Service Award Southeast DBTAC Staff Member, Cheri Hofmann [Photo removed] (front row, standing second from right), along with the Honorable Marie Young, Escambia County Board of Commissioners, Reid Jaffe, Florida Office of Emergency Operations Grants Coordinator, and a representative for Governor Charlie Christ, all received awards for “Outstanding Support Service to People with Disabilities” in Northwest Florida, presented by the Disabilities Summit Council. The Award reads: “It is because of people like you that they are able to find the services they need to live a life of dignity.” New Publications and Online Resources The 411 on Your Job Rights www.youth.eeoc.gov/downloads/factsheet_en.pdf (PDF - English) www.youth.eeoc.gov/downloads/factsheet_es.pdf (PDF - Spanish) The Equal Employment Opportunity Commission (EEOC) has produced a new Fact Sheet, which explains employment rights to teens and young people. Learn more about youth employment rights and responsibilities by visiting the EEOC web site at www.youth.eeoc.gov. Questions and Answers: Promoting Employment of Individuals with Disabilities in the Federal Workforce http://eeoc.gov/federal/qanda-employment-withdisabilities.html A new publication from the Equal Employment Opportunity Commission (EEOC). The Americans with Disabilities Act: Applying Performance and Conduct Standards to Employees with Disabilities (EEOC) www.eeoc.gov/facts/performance-conduct.html U.S. Department of Labor Family and Medical Leave Act (FMLA) Information Page www.dol.gov/esa/whd/fmla/index.htm The U.S. Department of Labor has published new and revised forms that employers can use to comply with the new rules covering the Family and Medical Leave Act (FMLA), which became effective on January 16, 2009. Updated Family and Medical Leave Act (FMLA) Poster www.dol.gov/esa/whd/regs/compliance/posters/fmla.htm The U.S. Department of Labor, Office of Disability Employment Policy (ODEP) released several new fact sheets which can be downloaded from www.dol.gov/odep/pubs/publicat.htm. Highlights include: Making Workplace Accommodations: Reasonable Cost www.dol.gov/odep/documents/reasonableaccomodatations.pdf (PDF) www.dol.gov/odep/documents/reasonableaccomodatations.doc (MS Word) Supporting the Workplace Success of Wounded and Injured Service Members www.dol.gov/odep/documents/woundedandinjuredfactsheet.pdf (PDF) www.dol.gov/odep/documents/woundedandinjuredfactsheet.doc (MS Word) Kennedy Foundation Public Policy Guide (Web version) www.jpkf.org/JPKF-Policy-Guide/index.htm The Guide provides information and articles about making federal policy, including the federal budget process. It briefly describes key Congressional committees, Executive branch agencies, federal legislation and judicial decisions that are most significant for people with disabilities. It also lists a number of stakeholder and constituent groups that work with and on behalf of individuals with intellectual disabilities and their families. Pedestrian Safety Guide for Transit Agencies http://safety.fhwa.dot.gov/ped_bike/ped/ped_transguide/ The Federal Highway Administration Office of Safety released the guide to assist transit agencies in working to create safe environments for pedestrians. HTML and PDF versions are available online, or complete an online form to order print copies. Succeeding in College and Work: Students with Disabilities Tell Their Stories Web: www.adaptiveenvironments.org/neada/site/student_videos (Video file) College students with disabilities share strategies they use to succeed in staying in school, graduate and land jobs. Use these closed-captioned videos as part of trainings (each video is 7-9 minutes) and share them with other students and professionals. Watch the videos online at the DBTAC: New England ADA Center website or request a DVD via e-mail at adainfo@newenglandada.org. Guide to the Americans with Disabilities (ADA) and Architectural Barriers Act (ABA) Standards www.access-board.gov/ada-aba/guide.htm New standards are being issued under the Americans with Disabilities Act (ADA) and the Architectural Barriers Act (ABA), according to updated guidelines previously issued by the Access Board. Several different agencies are responsible for updating these standards, and action is still pending in some cases. Direct links to the standards and related information are included. State Building Codes Added to State Resources of Southeast DBTAC Website www.sedbtac.org/leadership.php?idpg=15#content The Southeast DBTAC has enhanced the State Resource Network on its website by adding contact information for each State ADA Coordinator and links to State Building Codes. ADA Amendments Act Resource Sheet www.sedbtac.org/publications.php?idpg=35#rl6 Updated March 2009: The DBTAC: Southeast ADA Center has compiled a summary and list of resources on the ADA Amendments Act (ADAAA). Additional ADAAA Information: • Legal E-Bulletin on the ADAAA (ADA Amendments Act of 2008) Produced by the DBTACs www.dlrp.org/html/publications/ebulletins/legal/2008/oct2008.html • Notice Concerning the Americans with Disabilities Act (ADA) Amendments Act of 2008 www.eeoc.gov/ada/amendments_notice.html Senate Passes by Unanimous Consent the ADA Amendments Act (Senate bill S.3406) on September 11, 2008 www.sedbtac.org/articles.php?id=5669 Promising Directions: ADA in Action by Southeast U.S. State www.sedbtac.org/promisingpractices.php?idpg=17 This popular section highlights resources and examples of effective ADA implementation and support for improving technology access for individuals with disabilities. Check out these recent additions: • Georgia Research on Civic Access: Tale of Two Cities in Georgia www.sedbtac.org/ada/ada_in_action/ada_in_actionTemplate.php?ref=28&ptitle=292 • Mississippi ADA Site Surveys by LIFE of MS AmeriCorps Members www.sedbtac.org/ada/ada_in_action/ada_in_actionTemplate.php?ref=28&ptitle=291 • National "Fitting In" Factor for Employment www.sedbtac.org/ada/ada_in_action/ada_in_actionTemplate.php?ref=28&ptitle=293 Resource Lists Available from Southeast DBTAC Website www.sedbtac.org/publications.php?idpg=35#resourcelist The DBTAC: Southeast ADA Center has developed resource lists available in Word and Text formats. Topics include: Emergency Preparedness, Employment and ADA-related Definitions, Federal Employment and Disability, Legal Research Websites, Voting and Disability, Olmstead Resources, and more. Washington Redskins Must Provide Effective Communication The Washington Redskins were ordered to provide deaf and hard-of-hearing fans with "equal access to aural content" in the team's stadium, such as music lyrics, ads and other broadcasts on the public-address system. This week's court ruling is the first of its kind under the Americans with Disabilities Act and will likely affect other sports venues, said Joseph Espo, a lawyer for three Redskins fans who filed the lawsuit in 2006. U.S. District Judge Alexander Williams said that since the suit was filed, the Redskins have resolved the "vast majority of the issues" raised by the plaintiffs by captioning play-by-play, emergency information and other content. "No one had ever before asked the Redskins to caption music," the team said in a statement. "But now that the court has addressed it, we are exploring alternatives to provide the words to the songs played during cheerleader dance routines." Williams ruled the stadium must go further to accommodate the deaf, writing that the Americans with Disabilities Act requires that the team provide "full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations available at FedEx Field.” “Defendants provide more than a football game; they also provide public address announcements, advertisements, music and other aural information to hearing fans," the ruling states. The judge did not specify how FedEx Field should comply with the law. But the ruling noted that the plaintiffs in this case would not be helped by assisted listening devices, which patrons have long been provided at FedEx Field upon request. More Information: www.hearinglossweb.com/Issues/Access/Captioning/redskins.htm and www.nad.org/GroundbreakingRedskinsCase. National Network of ADA Centers Releases New Guide to the Updated Air Carrier Access Act (ACAA) Regulations The Air Carrier Access Act (ACAA) regulations have been updated to incorporate new requirements, which become enforceable on May 13, 2009. To help you understand your rights under the updated ACAA, the National Network of ADA Centers announces the release of An Overview of the ACAA, which can be downloaded at www.southwestada.org/html/publications/ebulletins/legal/2009/may2009.html. Key changes include: • Coverage extended to foreign carriers; • New requirements for airport and aircraft accessibility and changes in airport services including reservations, facilities, in-flight and aircraft acquisitions; • New requirements for passengers who use respiratory assistive devices including 48 - hour notification of use in advance of flight; • New guidelines on provision of effective communication for passengers who are deaf or hard-of hearing; • New requirements for passengers traveling with emotional support animals or psychiatric service animals to provide documentation and give 48-hours' notice before flight. Call your regional ADA Center at 1-800-949-4232 (voice/TTY) for questions on the ACAA, the Americans with Disabilities Act and other disability-related laws. Visit the Disability Law Index at www.swdbtac.org/html/topical/aircarrier/index.html to review the full set of ACAA regulations as updated. The Overview is authored by Jacquie Brennan of the Southwest ADA Center. [End of document]