E-Bulletin

February 15, 2012 Bulletin

We post our bi-weekly bulletin to keep you up to date on disability-related resources, news, and other items of interest.  Make sure to also check our "Other News" section to find significant updates from previous bulletins that are still relevant. This information is being provided solely for non-commercial, nonprofit educational purposes, including news reporting and research. It is not intended for commercial purposes. Further, we understand that our readers generally read the articles and information online, at the Web sites provided in the hypertext links, rather than relying solely on our synopses or copies. We are not responsible for the accessibility or the content of other Web sites. Please be aware that some links provided are time sensitive, and may become inactive at any time.

We include links to articles, editorials and opinion pieces, press releases, and other materials that represent diverse perspectives. Inclusion does not imply endorsement of any products, services, sources, information, or opinions expressed in these materials.

Visit the Trainings section for information on ADA and disability related trainings, meetings, and conferences.

General / ADA

Accessible Pools Means of Entry and Exit

The Department of Justice released a brand new pool fact sheet “Accessible Pools Means of Entry and Exit” Monday, January 31, 2012. This document outlines the obligations for those with existing pools and for the construction of pools on or after March 15, 2012. The revised 2010 Standards change that. For the first time, the 2010 Standards set minimum requirements for making swimming pools, wading pools, and spas (pools) accessible.

Lodging Webinar Series Offered In Preparation of March 15 Effective Date 

In preparation for the March 15, 2012 effective date of the new ADA lodging requirements, American Hotel & Lodging Association (AH&LA), Asian American Hotel Owners Association (AAHOA) and the ADA National Network’s “Hospitality Initiative” sponsored by the Mid-Atlantic ADA Center are pleased to announce a free six-part series of 90-minute (60-minutes content; 30-minutes Q&A) webinars targeting the issues most critical to the hospitality sector. This timely series occurs each Wednesday, starting February 15 through March 21, 2012, from 2:00 – 3:30 pm ET. AIA credit is available. 

ADA National Network Fact Sheets Posted Online  

The U.S. Department of Justice recently revised the ADA Title II requirements for State and Local Governments and Title III requirements for Places of Public Accommodation. Although a great number of the regulations took effect March 15, 2011, additional requirements take effect March 15, 2012. The National Network of ADA Centers has created a series of fact sheets to ensure businesses, government entities and individuals understand these changes. PDF versions of each fact sheet are now available on the ADA National Network web site shown above.

Access Board’s Proposed Standards for Medical Diagnostic Equipment 

Access to diagnostic equipment has been problematic for people with disabilities, including those who use wheelchairs and other mobility aids.  The Access Board, a leading resource on accessible design, has a long history of developing guidelines and standards under various laws that address access to the built environment, information and communication technology, and transit systems.  Additional information will be posted on the Board’s website as it becomes available. 

ADA Checklist for Readily Achievable Barrier Removal (New for 2010 Standards) 

This checklist is based on the 2010 ADA Standards for Accessible Design. It updates the original ADA Checklist for Readily Achievable Barrier Removal which was based on the 1991 ADA Standards for Accessible Design. The original checklist was issued in 1992 and revised in 1995.
Businesses and non-profit organizations removing barriers before March 15, 2012 have the choice of using either the 1991 Standards or the 2010 Standards. Businesses and non-profit organizations removing barriers on or after March 15, 2012 must use the 2010 Standards.

Department of Justice Publications Concerning the 2010 ADA Regulations

Ticket Sales: 2010 Revised ADA Requirements 
PDF, 3 pages: Ticket Sales: 2010 Revised ADA

Service Animals: 2010 Revised ADA Requirements 
PDF, 3 pages: Service Animals: 2010 Revised ADA
This publication provides guidance on the term “service animal” and the service animal provisions in the Justice Department's new 2010 regulations.

Revised Final Title II Rule: A Compilation of Regulatory Provisions and Guidance -- Nondiscrimination on the Basis of Disability in State and Local Government Services 
PDF - Final Title II Rule
This document contains the following: (1) supplementary information (the preamble to the revised regulation); (2) the Title II regulation updated to reflect the 2010 revisions and the technical corrections (published March 11, 2011) which became effective on March 15, 2011; (3) guidance on the revised regulatory provisions; and (4) guidance on the original 1991 Title II regulation.

Revised Final Title III Rule: A Compilation of Regulatory Provisions and Guidance -- Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities 
PDF : Final Title III Rule
This document contains the following: (1) supplementary information (the preamble to the revised regulation); (2) the Title III regulation updated to reflect the 2010 revisions and the technical corrections (published March 11, 2011) which became effective on March 15, 2011; (3) guidance on the revised regulatory provisions; and (4) guidance on the original 1991 Title III regulation.

ODEP Renews Alliance with the Society for Human Resource Management 

Kathy Martinez, Assistant Secretary of Labor for the Office of Disability Employment Policy (ODEP), joined Society for Human Resource Management (SHRM) President and CEO, Hank Jackson, to renew an alliance agreement first formalized in 2006. SHRM is the world's largest association devoted to human resource management. Martinez said that the alliance will serve to inform HR professionals about the skills of people with disabilities. 

Special Education Gets Federal Funding Boost 

Under a budget passed in late December 2011, Congress approved an additional $100 million for special education, provided an extra $5 million for programs supporting young children with disabilities and increased funding for parent information centers and technical assistance. Like all education programs, however, special education was subject to an across the board cut of nearly 2 percent. 

Latest News from the Job Accommodation Network 

The Job Accommodation Network (JAN) has released its latest electronic news bulletin and it includes topics such as return-to-work, chemical sensitivity and the workplace, ergonomics, and many others. 

Recordkeeping and Reporting Requirements under Title VII, the ADA, and GINA 

The Equal Employment Opportunity Commission (EEOC) recently published its final rule extending the recordkeeping requirements imposed under Title VII of the Civil Rights Act and the Americans with Disabilities Act (ADA) to employers covered by Title II of the Genetic Information Nondiscrimination Act (GINA). This rule will take effect on April 3, 2012. The EEOC's final rule does not require the creation of any documents or impose any new reporting requirements.

US Labor Department of Disability Employment Policy Releases Comprehensive Soft Skills Curriculum for Young Workers 

The U.S. Department of Labor's Office of Disability Employment Policy announced the release of "Skills to Pay the Bills: Mastering Soft Skills for Workplace Success," a collection of career development exercises and activities designed to help sharpen the communication and other "soft" skills of young workers, including those with disabilities. ODEP's curriculum, which covers communication, networking, enthusiasm and attitude, teamwork, problem-solving, critical thinking and professionalism, is based on the results of a survey of prominent businesses to determine what they believe to be the most important competencies and skills for young workers.

Report Says College Entrance Exam Administration Lack ADA Compliance 

According to a report from the Government Accountability Office, students with disabilities are not receiving appropriate ADA related accommodations on college entrance exams. Currently, the U.S. Department of Justice, which is responsible for enforcing ADA compliance in testing situations, considers complaints on an individual basis, an approach that the report found to be inadequate.

Professional Media Corporation to Pay $58,000 to Settle EEOC Disability Bias Suit 

A Bowie, Md., health magazine will pay $58,000 and furnish other relief to settle a disability discrimination lawsuit filed by the U.S Equal Employment Opportunity Commission (EEOC), the agency announced.  In its suit, the EEOC said that Professional Media Corporation, trading as Your Health magazine, had a policy of forcing employees to sign a “health warranty” certifying their health and that they did not use medications. 

Lowe’s Expands Accessible Home Offering with Ramp Program 

Lowe's, the world’s second-largest home improvement retailer, announced today at the International Builders’ Show its entrance into the do-it-yourself ramp market, with an affordable, configurable ramp system. The Gatehouse Custom Access Ramp System makes accessibility attractive and easy as life’s needs change. The program will be available to consumers in Lowe’s stores and on Lowes.com in spring 2012.

American Bar Association Says Law School Admission Tests Should Accommodate People with Disabilities 

The American Bar Association  (ABA) is calling on entities that administer a law school admission test to provide appropriate accommodations for test takers with disabilities to best ensure that the exam results reflect what the exam is designed to measure and not the test taker’s disability. During the ABA’s policy-making meeting, they also voted in Resolution 111 to urge all entities that administer, score, or report the results of a law school admission test to establish procedures to ensure that the application process, the scoring of the test, and the reporting of test scores is consistent for all applicants and does not differentiate on the basis that an applicant received an accommodation for a disability.

How Employers Gain Access to Talent with Brain Injuries 

Companies must reach out to people with disabilities to make sure such individuals know they are welcome, experts say. Some of the people with in-demand workplace skills who need certain accommodations are people—including military veterans—with traumatic brain injury (TBI). A principal consultant for the Job Accommodation Network (JAN) www.askjan.org urges employers to emphasize from the very beginning of the recruiting process that they are willing to hire people with disabilities.  JAN is a service of the U.S. Department of Labor’s Office of Disability Employment Policy.

CNN Sued Over Lack of Closed Captioning On Website 

A federal magistrate has refused to dismiss a suit by deaf Californians against CNN for its refusal to add closed captioning to news video clips on its website. The suit accuses CNN and its owner, Time Warner, of violating state disability laws by denying full online access to more than 100,000 Californians who are functionally deaf. CNN provides closed captions on television, as required by federal law, but its CNN.com website does not caption the brief video segments that make up most of its programming.

Southeastern Pennsylvania Transportation Authority (SEPTA) Opens Center at Suburban Station to Teach People with Disabilities Riding Skills 

SEPTA opened a new "accessible travel center" in one of its stations recently to make it easier for commuters with disabilities to learn to use buses, subways, and trains. The center has a full-size replica of the front third of a bus and mock subway and rail platforms, as well as training videos and piped-in street and train sounds.

Autism-Friendly Broadway Shows: 2 More Planned After Success of 'Lion King' 

Two more autism-friendly performances of Broadway musicals will be offered this spring and fall following the success last year of the first showing of a Broadway show specially altered for those diagnosed with the disorder. The Theatre Development Fund, a nonprofit organization focused on providing access to live theater, said it plans to offer specially designed matinee showings of "Mary Poppins" on April 29, 2012 and "The Lion King" on Sept. 30, 2012. The move comes after the Fund got enthusiastic feedback from grateful families when it launched a pilot effort in October with an autism-friendly showing of "The Lion King."

Disability Research Forums 

The Center for Studying Disability Policy (CSDP) will host a lunchtime seminar as part of their ongoing series aimed at providing opportunities to learn about the latest disability policy research findings and to discuss implications for disability policy. Experts from the Center will present recently released findings and lead discussions about their policy implications. Forum Number 18: Causes of the Chasm: Factors That Impact Employment Among Persons with Disabilities will take place Thursday, March 15, 2012 • 12:00-1:30 p.m.