ADA Pipeline [Editor’s note: This document is a plain text version with photos and other images removed. Photo descriptions have been added.] A Publication of the DBTAC: Southeast ADA Center Volume 19, No. 1, 2010 A Project of the Burton Blatt Institute: Centers of Innovation on Disability at Syracuse University Table of Contents ADA Pipeline 1 From 1990 to 2010: We’ve Come a Long Way... One Step, One Person, One Facility and One City at a Time 2 Participatory Action Research – Including People with Disabilities as Equal Partners in the Research Process 6 A New Public Service Announcement (PSA) Series from the ADA National Network Is Available on You Tube 9 2010 ADA Anniversary Campaign 10 Department of Justice Update 10 Disability Law Lowdown Podcasts Series 15 Justice Department Reaches Americans with Disabilities Act Settlement with Florida Income Tax Preparation Service 16 Justice Department Signs Agreement with City of Atlanta to Ensure Civic Access for Persons with Disabilities 17 Do You Have Questions about the ADA? 18 Celestica Corporation Settles EEOC Disability Accommodation Lawsuit 18 Making a Difference 19 Pamela Williamson Appointed New Director of the Southeast ADA Center 21 Shelley Kaplan Named Senior Advisor at ADA Southeast Center 21 Connect and Network 21 New Publications & Online Resources 22 Access Board Update 27 ADA Amendments Act of 2008 28 Mark Your Calendar 28 Do You Need this Newsletter in an Accessible Format? 29 Google to Add Captions, Improving YouTube Videos 29 ADA Pipeline ADA Pipeline is published twice each year by the DBTAC: Southeast ADA Center. The DBTAC: Southeast ADA Center 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. DBTAC: Southeast ADA Center Project Staff • Peter Blanck, J.D., Ph.D Co-Principal Investigator • Shelley Kaplan Senior Advisor/Co-Principal Investigator • Meera Adya, J.D., Ph.D Director of Research • Pamela Williamson Project Director • Sally Weiss Director of Materials and Dissemination • Marsha Schwanke Web Developer • Mary Morder Help Desk Specialist/Newsletter Editor • Amy Oliveras Office Administration • Sarah Endicott Information Specialist • Cheri Hofmann Information Specialist/ Distance Learning Coordinator • Linda Priest Information Specialist • Becky Williams Information Specialist • Christine Woodell Information Specialist From 1990 to 2010: We’ve Come a Long Way... One Step, One Person, One Facility and One City at a Time By Sally Weiss DBTAC: Southeast ADA Center Burton Blatt Institute at Syracuse University One picture may be worth 1,000 words when you look at the beautiful and accessible Humber-White House at Georgia College and State University (GCSU) in Milledgeville. The Humber-White House was constructed in 1874 and purchased by GCSU in 1990. Georgia College and State University spent over $270,000 on renovating the house so that it would be a showplace for the Center for Georgia Studies. The Center currently shares the Humber-White House with the Department of History and Geography. Mike Chambers, Assistant Director, Institutional Equity and Diversity for Disability Services at GCSU, provides the story behind the picture. Georgia College and State University is Georgia’s designated Public Liberal Arts University, located in historic Milledgeville, less than a dozen miles from the geographic center of the state. Milledgeville was the antebellum capital of Georgia and is a center of history and culture featuring beautiful homes and historic buildings. Throughout the past 20 years, GCSU has addressed accessibility needs in its existing facilities by removing architectural and communications barriers to enhance program access at the university. Bathrooms, offices and classrooms were renovated to achieve compliance, and numerous ramps, elevators, curb cuts and automated doors were installed. Extreme care was taken whenever possible to maintain architectural integrity wherever exterior structural changes were made. New modern facilities were constructed offering additional accessibility in housing, library and instructional technology services, and classroom instruction. As technology has rapidly advanced, GCSU has also taken steps to ensure full accessibility of its academic programs by offering a variety of assistive technologies designed to meet the needs of individual students with disabilities. Electronic texts, captioning and voice-capable software play an important role, and other available aids, academic accommodations, and support services give students with disabilities full access to materials and information to ensure equal opportunity. Today, Georgia College and State University stands as a proud example of what was intended by Congress when the Americans with Disabilities Act (ADA) was enacted in 1990. Ensuring full and complete accessibility for all qualified GCSU students is a goal that they constantly strive to achieve. [Editor’s Note: Photo has been removed from this text-only edition of the newsletter. Color photo is of large two-story house with a beautiful curving, accessible, wheelchair ramp with wooden handrails that matches the style of the house. Photo caption: The Humber-White House at Georgia College and State University (GCSU) in Milledgeville] One Person at a Time The Southeast ADA Center asked people to tell us what changes they have seen in the 20 years since the ADA was enacted in 1990. “For me personally, if it were not for the Americans with Disabilities Act, I would not have been able to have my service dog (Sassy) go with me out in public. Sassy is my companion who helps me by retrieving items, balancing, and [performing] many other duties in life.” “Twenty years ago, service animals were not allowed in public as readily as they are today. Most of the animals were known as guide dogs, but because of the ADA, we now have mobility dogs, hearing dogs, seizure alert dogs, and more. Today we can celebrate the ADA and the ability to have our service dogs who mean the world to us.” Another respondent was not so sure: “Yes, things used to be worse [but] I cannot verify the reason they are somewhat better now…. It’s hard for me to verify that changes I experienced are due to the ADA. One job, as a Special Ed teacher for a few years, seemed to indicate that. A seizure in the classroom did not get me fired. Did it not happen because of knowledge or fear of the ADA and possible consequences? Or did it happen due to enough intelligence, especially considering I was teaching a special education class?” One message that can be drawn from the ADA is that what is accessible for one person may not be accessible for another person. The North Carolina Division of Services for the Blind recognized this fact and was able to accommodate an employee. Here is her story: “I am a rehabilitation counselor for the North Carolina Division of Services for the Blind, and I use a motorized wheelchair. When I [changed jobs with my employer] in 2006, the position was located in a building that had an accessible bathroom. However, I was unable to use it. I really do need it to be a certain way. So they built me a bathroom. One of the rooms was converted to an accessible bathroom. They consulted with me every step of the way. As a result, I have no problems using the facilities!” Another person responded that, because the ADA Amendments Act of 2008 (ADAAA) has changed how a ‘person with a disability’ is defined, she is now covered by the ADA. “As someone with a seizure disorder, the changes to the ADA earlier this year mean that I am now covered under the ADA, where previously I was not covered under the law. I have lost many opportunities and have been fired from employment simply because I had a seizure on the job. Now I will be protected.” One Facility at a Time Public and private facilities, inside and out, have changed over the past two decades. As one disability advocate points out: “After 20 years I see accessibility improvements everywhere. Have we reached the point where we need to stop educating the public? Not yet. It will remain ongoing. However, groups that serve people with disabilities and people with disabilities have definitely made a difference! Some of the changes I’ve seen are: * Relocating services to accessible locations; * Making classrooms, restrooms, entrances and parking accessible; * Installing new elevators, tactile signage and visual alarms; * Improving accessibility in stadiums, museums and theaters; * Providing auxiliary aids and services and [offering information in] accessible formats to ensure effective communication; * Increasing website accessibility; * Developing plans for emergency evacuation of people with disabilities.” “We have made monumental changes in the way the public views the ADA and have dispelled many myths and stereotypes. People with disabilities are no longer out of sight and hidden. However, businesses change management, supervisors, and employees all the time. If we don’t keep the ADA fresh, we will move backwards. If it becomes part of standard operating procedures, it will not be forgotten or feared. Hopefully, it will be a constant [policy] and welcomed!” One City at a Time Sometimes ADA compliance takes time — and a little persuasion. Nashville is much more accessible, in part due to a lawsuit and settlement agreement with the U.S. Department of Justice. An ADA Compliance unit was created within the Metro Nashville government. The unit sought out people with disabilities and disability advocates to assist as they evaluated the city, then developed and implemented their transition plan. As a result of these efforts, the city has: * added more sidewalks with appropriately constructed curb cuts and traffic signals; * added accessible buses -- in fact, all Metro buses are now accessible; * worked with the Center for Independent Living of Middle Tennessee and the Nashville Area Metropolitan Planning Organization to develop the first Regional Bicycle and Pedestrian Plan. Nashville also has a more accessible Legislative Plaza. Renovations to Legislative Plaza began in October of 2007 to make the complex fully accessible for persons with disabilities. This came about as the result of a lawsuit. Initially, restrooms and all public areas were renovated, enabling people with disabilities to use and move around in those areas. Braille signage has been added. As of this writing, the Department of Justice is still involved in monitoring the situation. And in the private sector in Nashville, Yellow Cab and Checker Cab have operated eight accessible taxis among its fleet of 75 vehicles since July 2009. A grant of $276,000 helped finance 80% of the project. Change Spreads to Other Communities Other cities are changing, too. The Jackson, Tennessee Center for Independent Living (JCIL) has been instrumental in making polling places accessible. Since 2004, JCIL has partnered with the Madison County Election Commission to make polling places more accessible and ADA compliant. JCIL learned that a polling place was needed in their neighborhood so they agreed to let the Commission use their facility. On election day the JCIL Community Room is filled with voting machines and the precinct is officially the JCIL Precinct. Now known as “the Cadillac precinct,” it is the model of accessibility for other polling places in west Tennessee, and JCIL has been working with election commissions from other counties regarding ADA compliance issues. Have these changes been successful in getting out the vote? The answer is an unqualified “yes.” On November 2, 2004, the JCIL Precinct had an 81% voter turnout. There have been changes across the state as well. The Tennessee court system now has a Judicial branch ADA Coordinator, as well as county ADA coordinators. Visit the state website (www.tsc.state.tn.us/geninfo/ADA/IndexADA.htm) for information on the ADA policies and documents. A number of playgrounds in Tennessee are accessible for all children, including those with disabilities: * Sisken Children’s Institute in Chattanooga (http://boundlessplaygrounds.org/playgrounds/find/playground.php?playground_id=137) [Editor’s note: Photo of Sisken Children’s Institute Playground has been removed from the text-only edition of this newsletter.] * Darrell’s Dream in Kingsport (http://boundlessplaygrounds.org/playgrounds/find/playground.php?playground_id=167) * Lily’s Garden in Nashville (www.nashville.gov/parks/spec_pop.asp) * Ashley Nicole Dream Playground in Knoxville (www.ci.knoxville.tn.us/parks/ashleynicole.asp) In Alabama, the Independent Living Resources (ILR) of Greater Birmingham-Walker County Office has been active in making their community more accessible. The group conducted ADA surveys with the Walker County Commission on election day in 2004. The County Commission used Help America Vote Act (HAVA) funds to build ramps, pave parking lots and mark accessible parking with signage. ILR-Walker County also advocated for a mock election to give the voters an early chance to use the accessible voting equipment. As a result, switches for accessible voting machines (AutoMark) were purchased for all polling sites in Walker County. ILR-Walker County also collaborated with the City of Jasper Parks and Recreation Department in the planning of an indoor pool by insuring that a ramp was included in the plan. A disability-related group that meets at the ILR-Walker County office donated a waterproof wheelchair for the community to use in the pool. Finally, ILR-Walker County advocated for a $10,000 line item in the City of Jasper budget for accessibility needs. The money was used to purchase accessible public bus shelters. An official with the Florida-Alabama Transportation Planning Organization reports that in April, Yellow Cab of Pensacola (Florida) added three accessible cabs, boosting its fleet to eight accessible vehicles. A grant paid for the vehicles, which cost about $35,700 each. As the official notes, “It’s not a large amount of money, but it’s making a big difference.” One Final Word We’ve come a long way since 1990, but all of us know that there is still much more to do. A Florida resident sums it up nicely: “The way I view any law is that it has to be used as a constant. If we just talk about it once in awhile, it gets swept under the carpet. We have a constant reminder while we drive what the speed limit is – there are signs everywhere! If we speed – we pay the price. The problem with the ADA is that it still needs to be out there as a constant reminder. It is still hiding in the back of drawers, collecting dust in many places. It needs to be talked about in staff meetings, board meetings, widely published in brochures and placed in visible locations for all to see.” So, as a person from the ILR of Greater Birmingham-Walker County reminded us: “If not us, then who?” ADA Snapshot from Mississippi Our ADA Network Affiliates were asked about the changes they’ve seen during the past 20 years: The Olmstead Supreme Court decision upheld the ADA regarding the provision of [personal] services in the most integrated setting. Many states, including Mississippi, had lawsuits brought against them under this Supreme Court ruling. The settlement agreements have resulted in increases in home and community based services for individuals with disabilities. Frankly, I believe these Olmstead suits and the resulting services might be the most important change we have seen. Christine Woodell, Mississippi Lawsuits filed against local governments (cities) for violating the ADA have resulted in improved access in Biloxi, Jackson, Hattiesburg, Puckett and other small towns. Jackson has an ADA Coordinator. Christy Dunaway, Director, LIFE of Mississippi [end of story] Participatory Action Research – Including People with Disabilities as Equal Partners in the Research Process Southeast ADA Center Hosts Regional PAR Team Conference In February, the Southeast ADA Center held a regional meeting in Atlanta that brought together members of its Affiliate Leadership Council. The meeting provided an opportunity to discuss our current research project – Examining the Civic, Social, and Economic Participation of Persons with Disabilities. The project focuses on understanding how implementation of the ADA and the presence or lack of barriers impacts participation in community life for people with disabilities. This research project has three goals: 1. To understand the experience of accessibility through on-site visits (site reviews) conducted by people with diverse disabilities; 2. To examine the political climate where ADA implementation occurs by interviewing local ADA coordinators and elected officials; and 3. To examine the community participation of people with disabilities, including barriers to community participation. Participatory Action Research What is our approach to this research? We use Participatory Action Research (PAR), a method that uses the values of the Disability Rights Movement, including ‘Nothing About Us Without Us,’ in research. PAR is characterized by an equal partnership between those affected by an issue and the researchers throughout all phases of research – from deciding what to study to sharing the findings. A team of individuals with and without disabilities leads the research project, including members of the Southeast ADA Center staff, the Southeast ADA Center Affiliate Leadership Council, cross-disability state research teams, and researchers from Syracuse University and the Georgia Institute of Technology (Georgia Tech). We are conducting this research in the eight (8) states served by the Southeast ADA Center. In each state, we collect data from two types of communities in order to diversify accessibility: eight communities that are part of the Department of Justice’s Project Civic Access and eight comparable communities without settlement agreements. [Editor’s Note: Photo has been removed of a family group seated at an accessible picnic table, including a boy who uses a wheelchair. Photo caption: Accessible picnic table area] For the site reviews, we select five local government (Title II) entities in each community (City Hall, Civic Center, Park, Public Library, and Police Station) and give the cross-disability team of researchers three tasks: (1) gather public information about the facility (opening hours, services provided to individuals with disabilities); (2) attempt to complete a task at the facility (find the City Council’s meeting schedule and how to raise an issue on their agenda); and (3) evaluate the facility for physical accessibility using an adapted version of the ADA Checklist for Existing Facilities. The researchers will also interview four policymakers and ADA Coordinators in each community and conduct 50 community participation surveys with individuals with disabilities. Research Results - Positive and Negative What are we finding? Data collection and analysis are ongoing, but we will give you a sneak preview of our findings. Please keep in mind that these results may change as we complete data collection and analysis. The site reviews conducted to date suggest mixed results. For example, researchers with disabilities identify more barriers to access facilities and services than researchers without disabilities. Several researchers attempted to learn about the facility before going on site since many people with disabilities need to know about accommodations in advance. Unfortunately, finding out this information was often difficult. In almost all instances, researchers had difficulty in contacting facilities or receiving a response because voice mail boxes were full or phone calls and e-mail messages were not returned. In one instance, the staff member answering the phone could not answer questions accurately and did not know who to contact for the correct information. Researchers who reviewed facility websites noted that the availability of alternate formats greatly increased their ability to find out about and use facilities. However, not all information was provided in accessible formats, such as web sites with alternative text descriptions or text versions of PDF documents. Researchers also reported that information gathered offsite is not always accurate regarding what programs or services would be available at the facility. For example, an assistive listening device was available at the Civic Center, although the researcher was told in advance that they had no assistive technology. [Editor’s Note: Photo has been removed of a man standing in front of a closed door with a sign reading “WOMEN” in large block letters. Photo caption: Restroom without accessible signage] At the facilities, researchers with disabilities noted barriers resulting from poor signage, counters that were too high, parking spaces that were not wide enough, and restrooms that were only partially accessible (which makes them inaccessible to many users). Researchers found that a lack of accessible signage can lead to errors and exclusion, as illustrated by the picture above of a women’s restroom door without accessible signage. In another example of inadequate accessibility, one of the parks had Braille signage. Unfortunately, the signage was located in a grassy area without clearly marked accessible routes to reach it. [Editor’s Note: Photo has been removed of sign with Braille located in the middle of a large grassy area with no pathway to the sign. Photo caption: Park signage in Braille without an accessible route] Our research teams noted more problems with accessibility at Civic Centers and City Halls, possibly because these typically are older buildings. Despite these barriers to participation, researchers also documented fully accessible parking spaces, benches and picnic tables. [Editor’s Note: Photo has been removed of a man and woman seated on a park bench. The man has a service dog. The bench is located on a wide, level paved sidewalk with a curb cut in front of the bench. Photo caption: Accessible public seating area] Interviews with Local Officials With respect to the interviews on ADA implementation, we have learned how difficult it can be to get local elected officials and ADA Coordinators to participate in interviews due to busy schedules and legal concerns. Interviews to date suggest that ADA Coordinators may lack organizational power and may have multiple responsibilities in addition to ADA oversight. In fact, ADA Coordinators’ responsibilities seem to be loosely defined. Consequently, any personal initiative and enterprise shown by the individual makes a big difference. ADA Coordinators who are members of the ADA Coordinators Association seem to be more engaged and aware of their ADA obligations. Despite a perceived lack of resources, some communities show awareness of and sensitivity towards ADA implementation. However, they also mention a need for more Department of Justice assistance and feedback. Lastly, we are finishing up plans to survey adults with disabilities in each community and we and expect to launch data collection later this spring. Once all eight states complete their surveys and data is analyzed, a report will be posted on the Southeast ADA Center website at www.sedbtac.org. While everyone will tell you this project has been a great deal of work, they will also tell you it is important and, at the end of the day, quite fun! We look forward to keeping you apprised of our work. Southeast ADA Center’s Research Featured at Conferences In May, Paul Baker, Ph.D., Director of Research at the Center for Advanced Communications Policy (CACP) at the Georgia Institute of Technology, will give a presentation, “Results from a DBTAC Study on Municipal Policy Compliance with the ADA and the Effects on Civil Participation by Citizens with Disabilities,” at the NARRTC (formerly National Association of Rehabilitation Research and Training Centers) Annual Conference in Washington, D.C., which is being held in conjunction with the 2010 ADA National Network Research Conference. For details about the conference, visit www.narrtc.org. In June, Katie McDonald, Ph.D., Pamela Williamson and Rene Cummins will present a paper, “Evaluating the Many Dimensions of Accessibility: A Participatory Action Research Project,” at the Society for Disability Studies Conference at Temple University. Check out the Southeast ADA Center Research Page On sedbtac.org, the Southeast ADA Center Research Team publishes information on its two priorities: Examine barriers to employment and economic self-sufficiency of people with disabilities, and Increase the civic and social participation of people with disabilities within their communities and across America. [end of story] A New Public Service Announcement (PSA) Series from the ADA National Network Is Available on You Tube www.youtube.com/user/DBTACSoutheastADA This Public Service Announcement (PSA) series was created by the ADA National Network, the leaders in providing information, guidance and training on the ADA. A total of five PSAs will be launched the 26th day of each month to celebrate the 20th Anniversary of the ADA on July 26, 2010. [Editor’s Note: Photo has been removed of a video image of a woman and a girl standing in a supermarket aisle. The woman is holding the harness of a service dog. The video caption reads: “No, sweetie you can’t pet her right now. She’s a working dog.”] Service Animals are Welcome (PSA 4) Where’s Brett? (PSA 3) You’re Hired (PSA 2) I Am (PSA 1) [end of story] 2010 ADA Anniversary Campaign Celebrate the 20th Anniversary of the Americans with Disabilities Act! Join the 2010 by 2010 Campaign! The 2010 by 2010 Campaign's goal is to collect 2010 "Proclamations of Recommitment" to the mission of the ADA by the 20th anniversary of the ADA on July 26, 2010. Join us and become part of a nationwide effort to proclaim a recommitment to the vision and spirit of the Americans with Disabilities Act – full inclusion of people with disabilities in American life! The National ADA Symposium is spearheading the 2010 by 2010 Campaign as a lead-up activity to the June 20-23, 2010 conference in Denver, Colorado. In recognition of the passage of this landmark civil rights legislation, the National ADA Symposium invites state and local governments, schools and colleges, businesses, organizations, service providers and advocates to join our "Proclamation of Recommitment" to the spirit of the ADA. The Proclamation website includes: a state-by-state list of entities who have made their 2010 by 2010 Proclamations; community activities being planned to recognize the 20th anniversary of the ADA and improve local accessibility; and suggestions for activities that state and local governments, organizations, educational institutions and businesses can conduct as part of their "Proclamation of Recommitment." Please join the 2010 by 2010 Campaign www.2010anniversary.org [end of story] 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 April 2009 to April 2010. The full reports are available at www.ada.gov/disabilitynews.htm and www.ada.gov/statrpt.htm. New Lawsuits Under Title II City of Jackson Sued for Inaccessible Public Transportation -- On June 23, 2009, the Department intervened in a lawsuit filed in the U.S. District Court for the Southern District of Mississippi, challenging inaccessibility in Jackson’s public transportation system. The pending lawsuit, filed by 11 residents of Jackson with disabilities and two nonprofit organizations that work on behalf of people with disabilities, alleges violations of Title II of the ADA. The Department’s complaint details allegations of injury caused by inaccessible public transportation in Jackson and alleges that the city has failed to maintain, promptly repair, and keep in operative condition the wheelchair lifts of its fixed route bus system, known as JATRAN; has failed to adequately train personnel to properly assist passengers with disabilities; has failed to provide the required level of service to passengers of Handilift, the ADA complementary paratransit service; and has otherwise denied individuals with disabilities benefits to which they are entitled under the law. Consent Decrees Under Title III Jones v. Holliday’s General Services Corporation -- On September 14, 2009, the Department intervened in and resolved by consent decree a lawsuit against Holliday’s General Services Corporation and Dudley Prop. LLC., alleging that Holliday’s Fashions, a women’s clothing store in Memphis, [Tennessee,] had discriminated against a customer who uses a wheelchair. The plaintiff alleged that, because the front door was inaccessible, on her first two visits she had to wait in an alley next to the trash dumpster until a sales person cleared a way for her to enter the store through the service door. On a subsequent visit, the store supervisor refused to allow her into the store. The consent decree requires Holliday’s Fashions to install a ramp at the main entrance of the store; provide an accessible route from parking spaces to the main entrance; modify the entrance, lower the counter at the register; and modify the dressing rooms and restrooms to provide access. The decree also requires the defendants to pay $20,000 in damages to the complainant and pay a $1,000 civil penalty to the United States. RV Resort Pays $46,000 to Settle Discrimination Suit – On January 19, 2010, the federal court in Mobile, Alabama, approved a consent decree settling the Department’s ADA lawsuit against the Wales West RV Resort in Silverhill, Alabama. Wales West is a resort for families with RVs [recreational vehicles] located near Alabama’s Gulf of Mexico beaches. It includes a three-acre lake, nature trails, gardens, an indoor pool, a tearoom, a gift shop, several Welsh-style Victorian buildings, and a Welsh-style steam-powered narrow gauge train that circles the resort. The lawsuit stemmed from a complaint received from a family that had booked a four-week summer vacation at Wales West to spend quality time together while the father commuted to nearby Mobile to continue his ongoing cancer treatments. Wales West was selected because of its lake and train and because it is near Mobile. On the day they arrived, the mother casually mentioned to a staff person that their 2-year old child had HIV. Later that day the manager appeared and told the parents that the child could not use the swimming pool or showers. The family was so upset that they checked out of the resort early the next morning. In the settlement, the resort agreed to pay $36,000 to the family and a $10,000 civil penalty to the United States for discriminating against the family. Wales West also agreed to adopt non-discrimination policies and train staff on the ADA. Amicus Briefs Under Title II The Department files briefs in selected ADA cases in which it is not a party in order to guide courts in interpreting the ADA. Long v. Benson -- On April 2, 2009, the Department filed an amicus brief in the U.S. Court of Appeals for the Eleventh Circuit in Long v. Benson. The appeal arose out of a class action filed against officials of the State of Florida by a group of individuals with disabilities who reside in nursing homes but desire to live in an integrated community setting. The plaintiffs filed suit under Title II of the ADA claiming that the State’s refusal to provide services in the community violates the ADA’s integration mandate, which is stated explicitly in the Title II regulations. The U.S. District Court for the Northern District of Florida issued a preliminary injunction ordering the State, for the duration of the lawsuit, to pay for personal care services for one class member who moved himself out of a nursing home into a community setting. The State appealed the injunction, challenging its validity on a number of grounds. The Department filed a brief in support of the plaintiff arguing that the requirements in the regulations enforcing Title II of the ADA are enforceable through a private lawsuit. It also argued that the ADA regulation stating that entities are not required to provide “personal devices and services” to individuals with disabilities does not exempt entities from complying with the integration regulation when they choose to operate a program that does provide personal services and devices to individuals with disabilities. Department Files Brief to Enforce Supreme Court’s Olmstead Decision On December 21, 2009, the Department filed a motion to participate as amicus curiae – or friend of the court – and a brief in support of the position taken by North Carolina’s protection and advocacy (P & A) agency, Disability Rights North Carolina, in an ADA lawsuit filed against the State of North Carolina in the federal court in Raleigh on December 11. The lawsuit, Marlo M., et al. v. Cansler, et al., alleges that the State’s decision to terminate state funding for two individuals with mental illness and developmental disabilities who had been living in the community for long periods of time (10 years and 5 years, respectively) puts them at imminent risk of institutionalization in violation of the Olmstead decision and the ADA’s integration mandate. The Department’s brief urged the court to grant the P & A agency’s motion for preliminary injunction. The court granted the motion after a hearing on December 28, 2009. Amicus Briefs Under Title III Department Objects to Banning Segways® from Disney Resorts Nationwide — On July 13, 2009, the Department filed a brief as amicus curiae, or friend-of-the-court, objecting to the proposed class action settlement in Ault v. Walt Disney World Co., an ADA lawsuit challenging a policy banning Segways from all Disney resorts nationwide. The parties in the suit have proposed a settlement which, if approved, would permit Disney to continue banning Segways® and other two-wheel devices from its resorts and, instead, make 15 Disney-owned four-wheel electric stand-up vehicles (ESVs) available for rent at $45.00 per day. The Department, along with 23 state attorneys general, nearly 100 individual objectors, and several disability rights organizations, urged the court to reject this proposed settlement. Formal Settlement Agreement Under Title III Nashville Neurologist to Provide Effective Communication -- On September 14, 2009, a neurologist in Nashville, Tennessee, entered into a settlement agreement with the U.S. Attorney’s Office for the Middle District of Tennessee resolving a complaint alleging that he and his neurology practice had refused to pay a qualified sign language interpreter who was provided on three occasions by the League for the Deaf and Hard of Hearing and E.A.R. Foundation for a patient who is deaf. Under the agreement, William Strickland, M.D., and William Garrison Strickland, M.D., Ph.D., P.C., will adopt and implement policies regarding effective communication with individuals with disabilities, including paying for interpreters when needed, posting conspicuous notice of the new policies, and training all employees about their responsibilities under the ADA. The practice will also pay the outstanding interpreter bill plus $500 in damages to the League and a $500 civil penalty to the United States. Other Settlements Under Title II Department of Justice Issues Settlement Agreement with Charlotte Regional Visitors Authority (CRVA) in North Carolina (April 12, 2010) – The complainants alleged that altered portions of the Ovens Auditorium were not readily accessible to and usable by individuals with disabilities. Under the Settlement Agreement, the CRVA will take the following remedial actions within 12 months: * Provide accessible seating for wheelchair users; * Provide a lift that is on an accessible route from the auditorium entrance and along an accessible route to accessible wheelchair seating; * Modify parking spaces and signage in the main auditorium parking lot to bring them into ADA compliance; * Modify the single-user toilet room on the main level to bring it into ADA compliance. (www.ada.gov/ovens.htm) An inmate who is blind alleged that a Tennessee state prison denied her auxiliary aids and services necessary to access the prison’s library and recreational programs, and reasonable modifications necessary for her to safely move about the prison and access the prison’s food service, commissary, and laundry programs. The prison provided her with a white cane to improve her mobility and safety; a cassette player, books on tape, and Braille reading materials to ensure access to library services; a radio with headphones to ensure access to recreational activities, and assignment to a single cell and an inmate aide to provide assistance with cell maintenance. At the complainant’s request, the prison also arranged to deliver food trays, commissary items, and laundry directly to the complainant. An inmate who has low vision complained that a Tennessee state prison denied her auxiliary aids and services to accommodate her disability and that the prison failed to provide supplies necessary for her to participate in a course. The prison helped the complainant to obtain a white cane and to complete a mobility training program, ordered a supply of bulbs for a special lamp used by the complainant, and purchased ink cartridges for a printer she uses to independently print personal correspondence. Also, the complainant has enrolled in a Braille correspondence course and the prison has agreed to stock Braille paper in its commissary. Other Settlements Under Title III An individual who is deaf alleged that a Florida doctor’s office failed to provide a sign language interpreter for an appointment. The doctor has agreed to adopt a policy to provide qualified sign language interpreters at the business’ expense when the office has received notice that interpreting services are necessary; develop and implement a training program to ensure that all staff receive training on the policy; inform each new patient, as well as all existing patients, that auxiliary aids and services for persons with disabilities are available upon request; and pay the complainant $1,500. An individual, whose neck has been fused, complained that a Florida restaurant refused to provide him with a straw so that he could drink his beverage. He left the restaurant without being served. The restaurant has agreed to modify its “no straws” policy, train its staff on the new policy, and compensate the complainant $500. An individual who is deaf complained that a South Carolina resort lacked accessible rooms for people who are deaf or hard of hearing. The resort agreed to equip four guest rooms with auxiliary aid devices, including visual alarms, notification devices, and TTY phones, as well as train resort staff on the use of the telecommunications relay service. An individual with a hearing disability alleged that he was denied effective communication for an appointment scheduled with a Florida health care provider. The doctor adopted a policy for providing sign language interpreters, developed and implemented training for all staff, including those responsible for answering the telephone and making appointments, on the office’s new policy, and informed all new and existing patients about the availability of auxiliary aids and services. In addition, the doctor paid the complainant $1,500. 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 Alabama, the parents of a child with cerebral palsy complained that a recreation center unnecessarily excluded their child and others from some of their programs because of their disabilities. The recreation center reaffirmed its policy not to discriminate against children with disabilities. The center also formed a committee comprised of parents and staff to review existing programs and, where appropriate, add specialized programs for children with disabilities who are unable to participate in the regular programs. The complainant’s child joined one of those specialized programs, the adaptive swimming class, which now has a waiting list because of its popularity. In Florida, an individual with a mobility disability complained that an inn refused to accept her reservation because she uses a service animal for balance. The inn agreed to modify its “no pets” policy to allow service animals, revised its website to reflect the new policy, trained current employees, and will train new employees on service animals and the ADA. The owner of the inn also apologized to the complainant. A wheelchair user complained that a Georgia hotel was inaccessible. The hotel provided an accessible path of travel from its accessible parking to the accessible entrance. The hotel modified four guest bathrooms by installing grab bars, sinks with appropriate knee clearance and insulated pipes, and hand-held shower heads, and also acquired portable shower seats that can be fixed in place. Additionally, the hotel installed security viewers at accessible levels in the guest room doors. Finally, the hotel trained staff on the ADA and meeting guests’ requests for disability-related accommodations. In Florida a person with muscular dystrophy who uses a wheelchair complained that a flea market refused to allow her inside because she uses a service animal. The flea market reaffirmed its policy of allowing service animals, trained its employees about service animals and the ADA, and added materials on service animals to its new employee orientation. Two individuals who are deaf complained that a South Carolina urgent-care medical network refused to provide sign language interpreters for scheduled appointments. The health care network changed its policy and developed new procedures for providing effective communication, including the provision of sign language interpreters for patients upon request. The network will make a case-by-case assessment of the communication needs of patients and will post its policy on notices at its facilities and on its website. A couple, one of whom uses a wheelchair, complained that a South Carolina motel failed to provide an accessible guest room, even though they had been assured the room they reserved would be accessible. The motel installed a roll-in shower, a raised toilet seat, and grab bars in the bathroom. In Georgia, two veterans with mobility disabilities alleged they were refused access to a car show held at a motor speedway because they used scooters as their mobility devices. The speedway made changes to policies for outside vendors and vendor contracts that explain their obligation to provide access for individuals with disabilities, including those who use scooters. The complainants were also given four tickets and a parking pass for a racing event at the speedway. In Georgia, a person with a disability complained that security personnel forced him to leave a shopping mall because he uses a service animal for mobility assistance and seizure detection. The mall reaffirmed its policy of allowing service animals, trained its security personnel about service animals and the ADA, added materials on service animals to its employee manual, and paid the complainant $7,000. In North Carolina, an individual with a mobility disability complained that he was denied access to a grocery store because he uses a service animal for balance. The company agreed to expand the scope of the mediation to cover all stores in the grocery chain nationwide. The company changed its policy, developed procedures to allow service animals, posted them on the nationwide employee website, and incorporated them into its corporate policy manual. Additionally, the company posted signage stating “Service animals welcome, no pets please” in more than 1,300 stores in 11 states. Other Legal Issues Around the Southeast In partnership with the Burton Blatt Institute (BBI), the Southeast ADA Center (DBTAC) analyzes legal and policy developments relevant to civil rights protections and the impact of ADA-related court decisions in the Southeast Region. We also highlight information on the U.S. Courts. Check out the Legal Updates section of our website for a current summary of case law alerts in the Southeastern circuits at www.sedbtac.org/legalissues.php?idpg=14. [end of story] Disability Law Lowdown Podcasts Series www.english.disabilitylawlowdown.com Be sure to subscribe to the free DBTAC series of podcasts on disability-related topics. There are three different podcast series available for downloading: English, Spanish (Espanol) and American Sign Language (ASL). The podcasts cover a wide variety of topics, and each podcast is archived, including show notes and a full text transcript. [end of story] Justice Department Reaches Americans with Disabilities Act Settlement with Florida Income Tax Preparation Service H&R Block Franchisee Agrees to Provide Sign Language Interpreters for Deaf Customers The Justice Department announced a comprehensive settlement agreement under the Americans with Disabilities Act (ADA) with HRB Businesses of Florida Inc. (HRB), to ensure effective communication with individuals who are deaf or hard of hearing in the provision of tax preparation services and courses. HRB is an H&R Block Inc. franchisee with multiple offices. The settlement agreement, which resolves a complaint filed under Title III of the ADA by an individual who is deaf, requires, among other things, that HRB furnish appropriate auxiliary aids and services, including sign language interpreter services, when necessary to afford a person who is deaf or hard of hearing equal access to the goods, services and accommodations made available to others. “Access to tax preparation services enables people with and without disabilities to prepare and pay taxes as contributing members of our society on an equal basis,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “We are glad that, at the height of tax season, HRB has affirmed its commitment to provide effective communication of its tax preparation services and classes for individuals who are deaf or hard of hearing.” The agreement requires that HRB: * Provide auxiliary aids and services, including qualified sign language interpreters, to persons who are deaf or hard of hearing when necessary to ensure effective communication of its accounting services, tax preparation services, and programs and courses; * Adopt and enforce a policy on effective communication with individuals who are deaf or hard of hearing, and post the policy on its Web site, in the each reception area and in its employee manuals and other print materials; * Distribute the policy to current and new staff; * Compile and maintain a list of sign language interpreter providers; * Provide staff training on the ADA and HRB’s obligations to provide effective communication to individuals with disabilities; * Establish, implement, publicize and monitor a grievance procedure for ADA-related complaints from customers; and * Pay $2,500 damages to an individual who filed an ADA complaint and a $5,000 civil penalty. The ADA prohibits discrimination against customers with disabilities by businesses that serve the public. Among other things, the ADA requires tax preparation services, accountants, lawyers, doctors and other businesses to provide equal access to customers who are deaf or hard of hearing. When services such as tax preparation involve important, lengthy, or complex oral communications with customers, businesses are generally required to provide qualified sign language interpreters and other auxiliary aids, free of charge, to individuals who are deaf or hard of hearing. Other auxiliary aids may include the use of relay services for telephone communication, exchanging notes for brief and uncomplicated communications, and providing assistive listening systems and receivers in classes for attendees who are hard of hearing. The appropriate auxiliary aid to be provided depends on a variety of factors including the nature, length and importance of the communication; the communication skills and knowledge of the individual who is deaf or hard of hearing; and the individual’s stated need for a particular type of auxiliary aid. Those interested in finding out more about this agreement can call the Justice Department’s toll-free ADA Information Line at (800) 514-0301 or (800) 514-0383 (TDD) or access its ADA Web site at www.ada.gov. Source: www.ada.gov/hrb-business.htm [end of story] Justice Department Signs Agreement with City of Atlanta to Ensure Civic Access for Persons with Disabilities The Justice Department announced an agreement with the city of Atlanta to improve access to all aspects of civic life for persons with disabilities. The agreement was reached under Project Civic Access (PCA), the department’s wide-ranging initiative to ensure that cities, towns and counties throughout the country comply with the Americans with Disabilities Act (ADA). The department has conducted compliance reviews with certain localities in all 50 states, helping to improve the lives and broaden opportunities for millions of Americans with disabilities. “Civic access is a basic and critical civil right, and it ensures individuals with disabilities can play productive, fulfilling roles in their communities,” said Thomas E. Perez, Assistant Attorney General for Civil Rights. “City officials are to be commended for making this commitment to fulfill the ADA’s promise of equal access to city programs and services.” PCA was initiated to ensure that persons with disabilities have an equal opportunity to participate in civic life, a fundamental part of American society. As part of the PCA initiative, Justice Department investigators, attorneys and architects survey state and local government facilities, programs and services in communities across the country to identify the modifications needed for compliance with ADA requirements. The agreements are tailored to address the steps each community must take to improve access. This agreement is the 174th under the PCA initiative and the 13th agreement reached this year. “Like other communities throughout the United States, Atlanta still has some work to do to achieve full ADA compliance,” said Assistant Attorney General Perez. “This agreement sets out a realistic plan with specific steps and reasonable timeframes for the city to get there.” Under the agreement, the city of Atlanta will take several important steps to improve access for individuals with disabilities, such as: * Making physical modifications to its facilities so that parking, entrances and routes into facilities, parking lots, public telephones, restrooms, service counters and drinking fountains are more accessible; * Making specific modifications to improve access to city parks and tennis courts; * Officially recognizing Georgia’s telephone relay service and training staff to use the relay service to ensure effective communication for people who are deaf or hard of hearing; * Continuing to ensure that 9-1-1 emergency service calls placed by persons with disabilities who use text telephones (TTYs) are answered as quickly as other calls, that such calls are monitored for timing and accuracy, and that employees are trained and practiced in using a TTY to make and receive calls; * Implementing a plan to improve the accessibility of city sidewalks and provide for the installation of accessible curb ramps throughout Atlanta; * Ensuring that the city’s official website is accessible to persons with disabilities, including individuals who are blind or have low vision; * Ensuring equal access to emergency management services for persons with disabilities; * Developing a method for providing information for interested persons with disabilities concerning the existence and location of the city’s accessible services, activities and programs; * Installing signs at inaccessible entrances to facilities directing persons with disabilities to accessible entrances; * Posting, publishing and distributing a notice to inform members of the public of the ADA’s provisions and their applicability to the city’s programs, services and activities; and * Adopting a grievance procedure to deal with complaints of disability discrimination relating to city programs and services. This settlement agreement was reached under Title II of the ADA, which prohibits discrimination against individuals with disabilities by state and local governments. The agreement will remain in effect for three years. The department will monitor compliance with the agreement until required actions have been completed. Atlanta is the capital and most populous city in the state of Georgia. With a 2008 estimated population of 537,958, it is the urban core of one of the fastest-growing metropolitan areas in the United States. According to Census data, more than 22 percent of people living in Atlanta are individuals with disabilities. People interested in finding out more about this agreement, the Project Civic Access initiative, or the ADA Best Practices Tool Kit for State and Local Governments can access the ADA home page at www.ada.gov or call the toll-free ADA Information Line at (800) 514-0301 or (800) 514-0383 (TDD). More information is also available in the Southeast ADA Center News archive at www. sedbtac.org/articles.php?idpg=16&id=5943&source=archive [end of story] Do You Have Questions about the ADA? Call the Southeast ADA Center Hotline at 1-800-949-4232 (voice/TTY) or E-mail us at sedbtacproject@law.syr.edu for fast and confidential answers to your ADA questions. [end of story] Celestica Corporation Settles EEOC Disability Accommodation Lawsuit Employee with Lupus, Breathing Problems and Enlarged Heart Denied Any Accommodation, Federal Agency Charged Celestica Inc., a Canadian electronics manufacturer service company doing business in the United States as Celestica Corporation, will pay $102,100 and provide other relief to settle a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced. The EEOC’s suit (No. 3:09-0813, filed in the U.S. District Court for the Middle District of Tennessee) had charged that Celestica willfully ignored requests for reasonable accommodations under the Americans With Disabilities Act (ADA). An employee, hired through a placement agency, worked inside a 400,000-square-foot warehouse in Mount Juliet, Tennessee, operated by Celestica. She has lupus, chronic obstructive pulmonary disease and cardiomyopathy. She requested use of her own electric wheelchair to get to her desk inside the warehouse from a handicapped parking space close to the side entrance. Although the placement agency allowed use of the wheelchair, Celestica ignored her requests and acted as if they had never occurred, the EEOC said. She continued working for a few months without any accommodation, but ultimately quit. Denial of a reasonable accommodation to an otherwise qualified individual with a disability violates Title I of the ADA, unless providing the accommodation would pose an undue hardship. The EEOC filed suit after first attempting to reach a voluntary settlement. Besides providing monetary relief, the two-year consent decree settling the suit, signed by Judge Todd Campbell on April 7, 2010, enjoins Celestica from further refusing or ignoring any request from an individual with a disability for a reasonable accommodation; requires the company to issue its policy regarding reasonable accommodations under the ADA to all employees in the United States; train its site managers and human resources managers on reasonable accommodations; report requests for reasonable accommodations to the EEOC; have the trainer administer a test after the training and review the test results with the trainees; and post notices on the settlement and the ADA. “Employers cannot simply ignore requests for reasonable accommodations of a qualified individual with a disability,” said Faye A. Williams, the EEOC regional attorney for the Memphis District Office. “Rather, they must take an active role in determining whether the accommodation can be provided or whether it would impose an undue hardship. We are pleased that Celestica joined us in a quick resolution to save all parties time and expense.” Celestica, Inc., located in Toronto, Canada, is a global provider of services for electronics manufacturers. It has over 38,000 employees worldwide. The EEOC is responsible for enforcing the nation's laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov. Source: U.S. Equal Employment Opportunity Commission (EEOC) (www.eeoc.gov/eeoc/newsroom/release/4-8-10a.cfm) [end of story] Making a Difference Southeast DBTAC Affiliates Put the ADA in Action Our State and Local Network Affiliates have been busy working for change in their communities. Space does not permit us to list everything they have done since July 26, 2009, but we’ve pulled a few examples from our files to highlight the diversity of their achievements. Below are examples of how the Southeast ADA Center Affiliates made a difference in people’s lives and promoted voluntary compliance with the Americans with Disabilities Act (ADA). * The Tennessee Disability Coalition (TDC) helped an individual with quadriplegia who was told to provide his own transfer equipment and an assistant at his next medical appointment. TDC staff provided a transcript from the August 16, 2005 audio conference “Just Hop up! Access to Medical Equipment - Where Are We?,” highlighting the lawsuit against Kaiser Permanente and Georgetown University Hospital. Presented with this information, the hospital’s Patient Liaison assured him that the hospital would provide the equipment and personnel he needed—and they did. * The Florida State Network Administrator and the ADA Coordinator for the city of St. Petersburg worked with the Tampa Bay Rays professional baseball team to have a sign language interpreter present at all games for singing the national anthem and “Take Me Out To The Ball Game.” The Rays also replaced two televisions in the Whitney Bank Club in order to show closed captioning on the broadcast channels. On deck, maybe as soon as August 2010, most of the in-game entertainment will be pre-scripted and captions will run simultaneously on one of the billboards, along with the actual event. * Metro Nashville Government now provides text versions of their fact sheets (on housing, transportation, food banks, etc.) for individuals with disabilities. The Tennessee State Network Administrator contacted the Metro Nashville’s Director of Planning and Coordination because the fact sheets were available only in PDF electronic format, which is often inaccessible to people with vision disabilities. The Director immediately converted the fact sheets to text files, which she sent to TDC and made available to the public. * As result of work done by advocates from the Western Alliance Center for Independent Living in North Carolina, the City of Asheville is adding a new accessible bus stop on New Leicester Highway. * AmeriCorps Volunteers at LIFE of Mississippi are conducting site reviews (43 and counting) of places in the community vital to individuals with disabilities as they transition out of nursing homes into the community. * The Brain Injury Association of Kentucky, our new State Affiliate, conducted accessibility surveys of Metro Louisville Municipal Buildings. * Ongoing discussions between the Tennessee Disability Coalition and the Tennessee Department of State, State Election Commission regarding their inaccessible website resulted in a commitment to make the site fully accessible by the 2010 election cycle. * The Disability Resource Group in Georgia provided consultation, resources and materials to the GAP Corporate Diversity Committee (sponsor of Heritage Months for various ethnic/minority groups) to help them prepare for Disability Employment Month, by shifting their emphasis from “It’s nice to hire disabled people” to “A celebration of the accomplishments of our employees with disabilities.” In addition, along with PRIDE month for gay and lesbian employees, they will have PRIDE month for people with disabilities. * The President of the Dollywood Foundation, which provides free books to preschoolers in several communities in Tennessee, reached an agreement with Recording for the Blind and Dyslexic to record every book in the Imagination Library and have them available for listening or downloading for free. This project will be an ongoing one, making all new books in the program available to children with visual disabilities. * A woman with cerebral palsy was attacked in Florida. The suspect was charged only with misdemeanor battery. She asked the Center for Independent Living (CIL) of Southern Florida for help and, after many conversations with the prosecutor, two felony charges were filed. [end of story] Pamela Williamson Appointed New Director of the Southeast ADA Center Pamela Williamson has been selected as the new Project Director for the ADA Southeast Center, a project of the Burton Blatt Institute (BBI) of Syracuse University. Ms. Williamson has served for 11 years as the Director of Training and Technical Assistance, where she coordinated the project’s core services of training and technical assistance. Ms. Williamson has extensive expertise in the Americans with Disabilities Act (ADA), Air Carrier Access Act, accessible information technology, and building effective grassroots networks. [Editor’s note: Photo of Ms. Williamson has been removed.] Ms. Williamson was instrumental in developing and implementing the Center’s four online courses: ADA Basic Building Blocks (public version), Basic ADA Building Blocks (moderated version), At Your Service: Welcoming Customers with Disabilities, and the ADA Title II of the Americans with Disabilities Act Tutorial. In addition, she assisted in the development of the curriculum, “Serving Customers with Disabilities in Air Travel.” Prior to her position with the ADA Southeast Center, Ms. Williamson worked for Protection and Advocacy for People with Disabilities in South Carolina as the Protection and Advocacy for Individual Rights (PAIR) Coordinator and Advocate. She has a Bachelor of Science degree in Therapeutic Recreation and is currently enrolled in the Masters in Education Instructional Technology Program at Georgia Southern University. [end of story] Shelley Kaplan Named Senior Advisor at ADA Southeast Center So, what has happened to former Project Director Shelley Kaplan? She won’t be far away. After almost 20 years of developing and operating a successful regional ADA Center, Shelley will continue working for the ADA Southeast Center’s parent organization, Burton Blatt Institute (BBI), on a part-time basis by focusing on BBI’s projects in Israel and expanding BBI activities in Georgia and the Southeast. Shelley will also serve as the Southeast ADA Center’s Senior Advisor, where she will facilitate mutually beneficial collaborations between BBI and the Southeast ADA Center affiliates and colleagues. Her contact information remains unchanged. [Editor’s note: Photo of Ms. Kaplan has been removed.] [end of story] Connect and Network Stay informed on ADA and disability access! Facebook: Southeast DBTAC www.facebook.com/pages/DBTAC-Southeast-ADA-Center/154812123602?ref=mf You Tube DBTAC Southeast ADA www.youtube.com/user/DBTACSoutheastADA Email List: Southeast DBTAC http://sedbtac.org/about/discussion.php Newsletters from Southeast DBTAC http://sedbtac.org/publications.php#pubnews Follow our Sponsor - BBI BBI Facebook www.facebook.com/pages/Burton-Blatt-Institute/194731496501?ref=sgm BBI Twitter (twitter.com/bbisyracuse) BBI website (http://bbi.syr.edu) Disability Law & Policy e-Newsletter http://disability.law.uiowa.edu/lhpdc/publications/news.html [end of story] New Publications & Online Resources Check out the Publications section of the Southeast ADA Center (DBTAC) website at www.sedbtac.org/publications/index.php for lists of available ADA materials. Direct links to many documents provide access to important and accurate information. Resources from the ADA National Network Resource Lists on ADA and Disability Available from DBTAC: Southeast ADA Center Website www.sedbtac.org/publications.php?idpg=35#resourcelist Several ADA and disability-related resource lists are available in Word and Text formats from the Southeast ADA Center website, including Emergency Preparedness, Employment and ADA-related Definitions, Federal Employment and Disability, Legal Research Websites, Voting and Disability, and more. 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. Disability Law Handbook - Now Available in Print! www.dlrp.org/html/publications/dlh/index.html The DBTAC: Southwest ADA Center (Region 6) produced this 64-page guide on the basics of the ADA and other disability-related laws. Regular print copies are now available, in addition to electronic format (HTML and PDF files). Download free copies at: www.southwestada.org/html/publications/dlh/index.html. Print copies can be purchased for $5.00 (includes shipping) at: www.southwestada.org/html/publications/dlh/purchaseform.html. People with Disabilities in the Workplace www.sedbtac.org/ada/ada_in_action/empprofiles.php Facts and figures about employees with disabilities tell only one part of the story. Every month an employee profile provides a real-life look at employees with disabilities in the workplace — their reliability, their skills, and the low cost of reasonable accommodations. You’re Hired...Success Knows No Limitations! http://bbi.syr.edu/publications/kaplan/Success_Knows_No_Limitations.doc (Word format) http://bbi.syr.edu/publications/kaplan/Success_Knows_No_Limitations.txt (Text format) An article about barriers to employment in the workplace by Shelley Kaplan, former Director of the Southeast ADA Center. ADA Solutions and Q&A by Audience www.sedbtac.org Find specific resources and training on the ADA and disability access - select from Business, Employers, Government, Vocational Rehabilitation (VR), Individual/Advocate, Architecture/Design, and Español (Spanish). Also check out Popular Bookmarks and Expand Your ADA Knowledge. adaresources.org and adacourse.org Your One-Stop Resources for Training and Materials on the Americans with Disabilities Act (ADA) from the ADA National Network. ASL Video Podcast Series: Disability Law Lowdown dll-asl.ada-podcast.org Bi-weekly videos on disability law delivered with American Sign Language (ASL), captioning, voice-over,and transcripts. Subscribe via web or iTunes. Succeeding in College and Work: Students with Disabilities Tell Their Stories adaptiveenvironments.org/neada/site/student_videos College students with disabilities share strategies they use to stay in school, graduate and land jobs. Use these closed-captioned videos as a training tool (each video is 7 to 9 minutes), and share them with other students and professionals. Watch the videos online at the New England ADA Center website or request a DVD via e-mail at adainfo@newenglandada.org. Employment Resources ADA: Know Your Rights -- Returning Service Members with Disabilities This booklet provides military service members who have been seriously wounded with a basic understanding of their rights under the ADA and where to turn for additional information and assistance. www.ada.gov/servicemembers_adainfo.html (HTML format) www.ada.gov/servicemembers_adainfo.pdf (PDF 549 KB, 31 pages) ePolicy Works www.epolicyworks.org Sponsored by the U.S. Department of Labor’s Office of Disability Employment Policy (ODEP), ePolicyWorks is a collaborative, information-sharing initiative among national policymakers designed to address specific barriers to employment faced by people with disabilities. New Target Group under the Worker Opportunity Tax Credit http://wdr.doleta.gov/directives/corr_doc.cfm?docn=2800 The Employment and Training Administration has issued a training and employment guidance letter to State Workforce Agencies outlining two new Worker Opportunity Tax Credit (WOTC) targeted groups, one of which is disconnected youth who begin work for an employer during 2009 or 2010. Employment Law Poster (revised) www1.eeoc.gov/employers/poster.cfm The U.S. Equal Employment Opportunity Commission (EEOC) has revised its Equal Employment Opportunity is the Law poster to show current federal employment discrimination laws, including the ADA Amendments Act of 2008 and the Genetic Information Nondiscrimination Act of 2008. Customized Employment: Put It to Work for Your Business www.dol.gov/odep/documents/customized_employment_v3blue_508_FINAL.pdf The Office of Disability Employment Policy (ODEP) has developed a new brochure for employers who want to increase productivity and profitability, increase retention and lower turnover rates, improve return-to-work outcomes, increase efficiency of operations, and create a more diverse workforce and inclusive environment. This brochure showcases real employers that have put Flexible Work Arrangements to work in their businesses. (PDF 975 KB, 8 pages) Customized Employment Works Everywhere www.dol.gov/odep/documents/customized_employment_v3blue_508_FINAL.pdf As a general overview of how Customized Employment works across the nation, the Office of Disability Employment Policy (ODEP) developed this brochure on six individuals with significant disabilities from Louisiana, New York, Mississippi, Maryland, Missouri, and Washington, DC. It describes how they found competitive and integrated jobs using the principles of customized employment as a Flexible Work Arrangement with their employers. (PDF 1.0 MB, 12 pages) Employment-Related Training Tools The Campaign for Disability Employment www.whatcanyoudocampaign.org A collaborative effort to promote positive employment outcomes for people with disabilities by encouraging employers and others to recognize the value and talent they bring to the workplace. Also look at their Site Map at www.whatcanyoudocampaign.org/blog/index.php/sitemap The What Can YOU Do? Poster Series www.whatcanyoudocampaign.org/blog/index.php/what-can-you-do-posters Presented by The Campaign for Disability Employment, the What Can YOU Do? Poster Series uses positive messages about disability and employment to speak to different audiences, including employers and employees, youth, youth influencers, people with disabilities and the general public. The posters can be printed and saved as PDF files, either individually or as a group. For assistance with downloading these posters, e-mail: campaignfordisabilityemployment@jan.wvu.edu. Workforce3 One Disability and Employment Resource http://disability.workforce3one.org This new resource page makes employment-related information and promising practices available to the One-Stop Career Center system to serve customers with disabilities. The website includes information for businesses on tax incentives and recruiting and accommodating employees with disabilities. Diversifying Your Workforce: A Four-Step Reference Guide to Recruiting, Hiring, & Retaining Employees with Disabilities The printed version of this popular guide is back in stock. This FREE resource includes an accessible format mini-CD. Also, because the Guide is mirrored on the ODEP website, the information is always up-to-date. Order a printed copy at www.pueblo.gsa.gov/rc/odep.htm. Online versions are also available. www.pueblo.gsa.gov/cic_text/smbuss/diversify/workforce.html (HTML) www.dol.gov/odep/documents/Flip%20Guide_Final_3%2030_508%20compliant2.pdf (PDF 11 pages) Understanding Brain Injury: Guide for Employers http://mayoresearch.mayo.edu/mayo/research/tbims/guide-for-employers.cfm The Mayo Clinic has developed a guide for employers with information on brain injuries, available in PDF format and in Spanish. Using Video Interpreting in the Workplace (Webinar) sedbtac.org/eventscalendar.php?eventid=503 An archived webinar available on the DBTAC: Southeast ADA Center website. Easter Seals Project ACTION Bus Operator Training DVD www.projectaction.easterseals.com A.C.C.E.S.S. Matters: Accessibility, Communication, Cooperation, Excellence, Sensitivity, and Service is a free training program for fixed-route transit bus operators that focuses on customer service and sensitivity toward passengers with disabilities. It is designed as a one-hour group or self-study course and includes an open-captioned DVD, trainer materials, participant worksheet, and ADA materials. Order a free copy of the DVD online or call Project ACTION at 1-800-659-6428. Technical Assistance and Facility Access Accessible Public Rights-of-Way: Planning and Designing for Alterations www.access-board.gov/news/rowalterations-guide.htm This new guide on rights-of-way alterations explains how to maximize accessibility through careful planning, an understanding of current regulations and access criteria, and strategies for negotiating constraints. Links to State ADA Coordinators and State Building Codes for U.S. Southeast Region www.sedbtac.org/leadership.php?idpg=15 The Southeast ADA Center enhanced the State Resource Network section on its website by adding contact information for each State ADA Coordinator and links to State Building Codes. Emergency Preparedness Emergency Management Working Group and Web Site disasterrecoveryworkinggroup.gov President Obama created the Long Term Disaster Recovery Working Group that includes 20 federal departments, agencies, and offices to develop a national strategy of disaster response and recovery. State of Georgia Emergency Preparedness Brochure http://web01.spo.ga.gov/ADA/ERBrochure%208-5-09.htm The Southeast ADA Center is a member of the State of Georgia Emergency Preparedness Coalition, a group made up of state agencies, disability organizations, the Red Cross, the Georgia Emergency Management Agency (GEMA), and other key service providers and advocacy groups. The Coalition has developed an emergency preparedness brochure targeted to people with disabilities. (PDF 135 KB, 2 pages) E-mail and Online Newsletters ADA Pipeline (Biannually) www.sedbtac.org/pipeline.php All back issues (since 2007) of ADA Pipeline, the Southeast ADA Center newsletter, are posted on our web site in several accessible file formats (PDF, Word, Large Print Word, and Text). Due to increased costs, the newsletter is no longer available in regular print, except upon request. Business Sense Newsletter (Monthly) www.dol.gov/odep/bsense/bsense.htm Produced by the U.S. Department of Labor, Office of Disability Employment Policy (ODEP) Job Accommodation Network (JAN) E-News (Quarterly) www.jan.wvu.edu/ENews/index.htm National Council on Disability (NCD) Bulletin (Monthly) www.ncd.gov/newsroom/bulletins/index.htm Access Currents from U.S. Access Board (Bimonthly) www.access-board.gov/news/Access%20Currents/General.cfm Disability Rights Online News (Bimonthly) www.ada.gov/disabilitynews.htm Published by the U.S. Department of Justice Media Resources (Videos, Podcasts) Ten Employment Myths: Information about the Americans with Disabilities Act www.ada.gov/videogallery.htm This new 17-minute video uses a question-and-answer format to explain the ADA in common sense terms and refute unfounded misconceptions and fears that employers may have about hiring people with disabilities. Accessible Parking Public Service Announcement www.dbtacnorthwest.org/about-us/staff/psa Robert David Hall of the popular TV show “CSI” joined forces with the ADA National Network to share this message. People with Disabilities in the Performing and Visual Arts (Video) www.dol.gov/dol/media/webcast/main.htm#20091022-arts Department of Labor Secretary Hilda Solis hosts this panel discussion on employment in the visual and performing arts. Panelists include Kathleen Martinez, Assistant Secretary, Office of Disability Employment Policy; Fred Beam, Founder and Executive Director, Invisible Hands, Inc. (IHI); and Robert David Hall, Advocate and Actor, “CSI: Crime Scene Investigation.” Imagine the Possibilities: Innovative Hiring Through Assistive Technology (Video) http://advocacy.ehclients.com/resources/disability_topic_info/category/imagine_the_possibilities_video This instructive video from Florida’s Advocacy Center for Persons with Disabilities examines the use of assistive technology to hire persons with disabilities. Research and Statistics on Employment Issues Using Labor Market Data to Improve the Job Prospects of People with Disabilities www.dol.gov/odep/documents/NTAR_Issue_Brief_4_Labor_Market_Data.pdf (PDF 174 KB, 11 pages) Produced by the ODEP-funded National Technical Assistance and Research (NTAR) Leadership Center, this report showcases a strategic partnership in Maine between the state labor department and disability service providers where they integrated labor market information and research tools into their provision of services. This report is useful for workforce professionals, job seekers, employers, workforce program designers and managers, and researchers. Disability Employment Statistics www.bls.gov/cps/cpsdisability.htm A monthly report on the employment status of people with disabilities from the U.S. Department of Labor, Bureau of Labor Statistics. The Survey of Employer Perspectives on the Employment of People with Disabilities www.dol.gov/odep/categories/research/index.htm (Home page) The Office of Disability Employment Policy (ODEP) recently released the first survey of its magnitude. 3,797 businesses representing 2.4 million companies, across 12 industry sectors and various company sizes, reported on their beliefs about and strategies for recruiting, hiring, retaining and advancing employees with disabilities. www.dol.gov/odep/documents/EmployerPerspectives.doc (Word format) www.dol.gov/odep/documents/EmployerPerspectives.pdf (PDF format, 335 KB, 6 pages) START-UP/USA Program Self-Employment Outcome Report www.dol.gov/odep/documents/ArticlebyStart-upUSA%28JVR%202009%29.pdf The Office of Disability Employment Policy (ODEP) START-UP/USA report (PDF 58 KB, 8 pages) looks at self-employment within the Vocational Rehabilitation system as an employment outcome. Self-Employment Technical Assistance, Resources, & Training (START-UP/USA) was a partnership between Virginia Commonwealth University and Griffin-Hammis and Associates, LLC. Home page: www.start-up-usa.biz Other Reports and Statistics Annual Disability Statistics Compendium 2009 www.disabilitycompendium.org The Compendium brings together disability statistics published by various federal agencies, including state-level statistics and time-trend data. Higher Education and Disability: Education Needs a Coordinated Approach to Improve Its Assistance to Schools in Supporting Students (GAO-10-33) www.gao.gov/products/GAO-10-33 This 2009 U.S. Government Accountability Office (GAO) online report also includes a summary, highlights page and list of recommendations. General Interest Association for Airline Passenger Rights – Persons with Disabilities www.flyfriendlyskies.com/disabled_passengers.html Tech Matrix -- Assistive Technology Tools for Learning www.techmatrix.org The TechMatrix is a powerful tool for finding educational and assistive technology products for students with special needs. [end of story] Access Board Update The Access Board has released a draft of updated requirements for information and communication technology (ICT) covered by Section 508 of the Rehabilitation Act and Section 255 of the Telecommunications Act. As part of this rulemaking, the Board proposes to supplement its ADA Accessibility Guidelines to include certain types of interactive transaction machines such as point-of-sales machines and self-service kiosks. Public comments are due by June 21, 2010. On April 1, 2010 the Board will conduct a webinar on the rule to review and explain changes. To sign up for news updates from the Access Board, including its free newsletter, Access Currents, visit www.access-board.gov/news.htm. [end of story] ADA Amendments Act of 2008 The ADA Amendments Act of 2008 (ADAAA), which became effective on January 1, 2009, made some significant changes in the text of the ADA. The full text of the ADA as amended is available on the Department of Justice ADA Homepage at www.ada.gov/pubs/ada.htm. Two annotated versions, showing the changes in strikeout and bold, are also available online; one is coded so that screenreaders can detect the strikeout and bold annotations. A full text version of the ADA as amended and an annotated version of the sections that were amended can be ordered in print from the Department’s ADA Information Line at 800-514 0301. For a complete Resource List on the ADAAA, visit the Southeast ADA Center’s website at www.sedbtac.org/ada/publications/adaaa_resources.doc [end of story] Mark Your Calendar Check out our online Events Calendar at sedbtac.org/eventscalendar.php 21st Annual APSE National Conference June 8 - 10, 2010 Atlanta, Georgia "Employment First: Not Just a Slogan" Description: The APSE conference focuses exclusively on employment of people with disabilities in the community. Share knowledge, expertise and ideas on the latest and best innovations to make employment for all a reality. Web: www.apse.org National ADA Symposium 2010 June 20-23, 2010 Hyatt Regency Denver at Colorado Convention Center Denver, Colorado Description: National ADA Symposium has earned the reputation as the most comprehensive conference on the ADA. Highlights include: * The latest information on new regulations and the ADA Amendments Act from the federal agencies that write the regulations. * Opportunities for networking with people directly involved in ADA implementation throughout the United States. * Continuing Education Units are available, including International Code Council (ICC) CEUs. The National ADA Symposium is hosted by the Great Plains and Rocky Mountain ADA Centers. Register online at http://adasymposium.org See the ADA Symposium 2010 announcement on page 9 of this newsletter. 2010 USBLN® Annual Conference & Expo September 19 - 22, 2010 Chicago, Illinois - Westin Michigan Avenue Hotel The theme of the US Business Leadership Network’s (USBLN®) 13th Annual Conference & Expo is “Aligning Disability with the Bottom Line: Talent, Market Share, and Supplier Diversity.” Web: www.usblnannualconference.org. [end of story] 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. [end of story] Google to Add Captions, Improving YouTube Videos In the first major step toward making millions of videos on YouTube accessible to deaf and hearing-impaired people, Google unveiled new technologies that will automatically bring text captions to many videos on the site. While the technology can insert captions only on English-language speech, Google is giving users the choice of using its automatic translation system to read the captions in 51 languages. The majority of clips on YouTube did not have captions and the new Google technology would generate them automatically. YouTube is initially applying the captioning technology only to a few channels, most of them specializing in educational content. They include channels from universities, PBS, and National Geographic, and Google itself — its corporate videos will be captioned. The company plans to gradually expand the number of channels that work with the automatic captioning technology. Google also introduced a related service to give anyone who uploads a video to YouTube the option of uploading a text file of the words spoken in the video. Google will turn the text file into captions, automatically matching the spoken words with the files. A feature called “auto-timing” will make it easy for anyone to add captions to their videos. In addition to helping people who are deaf or do not speak English, the captions will make it easier for anyone to search text inside videos and find specific snippets within a video. Source: New York Times (www.nytimes.com/2009/11/20/technology/internet/20google.html) [end of story] [end of newsletter]