ADA InFocus Volume 11, Number 3
Fall 2006
ADA Issues: TEENS AND YOUNG ADULTS: What Does the ADA Mean to You? Affiliates News: ADA Rulings:
What’s New: ADA & IT IN FOCUS FOCUS is published three times yearly by the DBTAC: Mid-Atlantic ADA Center. It is posted to the web on the "Publications" page at www.adainfo.org. It is also available by request in large print, Braille, audio cassette, and computer disk. Richard G. Luecking, President TransCen, Inc. is a Rockville, MD based firm specializing in human resources issues that impact workplace diversity. TransCen administers the DBTAC: Mid-Atlantic ADA Center, providing technical assistance to DE, DC, MD, PA, VA and WV. This is a publication of the DBTAC: Mid-Atlantic ADA Center, funded by the National Institute on Disability and Rehabilitation Research of the U.S. Dept. of Ed. (Grant # H133A060085). The opinions contained in this publication are those of the grantee and do not necessarily reflect those of the Dept. of Education. DBTAC: Mid-Atlantic ADA Center ADA ISSUES:
DBTAC: MID-ATLANTIC ADA CENTER FUNDED FOR FIVE MORE YEARS!
TransCen, Inc. is pleased to announce that it has been awarded the National Institute on Disability and Rehabilitation Research (NIDRR) grant to operate the Disability and Business Technical Assistance Center (DBTAC) in the mid-Atlantic region for the coming five years. The project, formerly called the ADA & IT Information Center for the Mid-Atlantic Region, will now be known as the DBTAC: Mid-Atlantic ADA Center. Our mission and core services will remain the same, and we will be launching several exciting new initiatives as well. We have new partners at the University of Maryland, who will be conducting research on the factors that affect the provision of reasonable accommodations to employees with disabilities. We will also be launching a “Hospitality Initiative” to provide ADA training and materials to restaurants, hotels, motels, and other places of lodging. Efforts will be designed to promote increased access for customers, as well as opportunities for applicants and employees with disabilities. We will continue to work with our affiliates in Virginia, West Virginia, Maryland, Pennsylvania, Delaware, and the District of Columbia to educate businesses, people with disabilities, employers, state and local government entities, schools, and others in the region about their rights and responsibilities under the ADA. The ADA Coalition members will be working with us on the Hospitality Initiative, as well as other outreach and training activities in their local communities. The Assistive Technology projects will be working with us to educate employers about the use of assistive technology to accommodate applicants and employees with disabilities. We will continue, of course, to respond to the hundreds of calls we receive each month via our toll-free telephone line, answering questions, providing customized training programs, and disseminating publications and materials to meet your needs! We’d love to hear from you, so call, write, or e-mail and let us know how we can help you implement the ADA! TEENS AND YOUNG ADULTS: What does the ADA Mean to You?
The Americans with Disabilities Act (ADA), a civil rights law passed in 1990, was designed to address discrimination against people with disabilities in several broad areas: employment (Title I), state and local government programs (Title II), private businesses offering goods and services to the public (Title III), and telecommunications (Title IV). The Civil Rights Era
The development of the ADA, to a great extent, grew out of the civil rights movements of the 1960s, when African Americans, other minorities, and women sought equal opportunities. Several civil rights laws were enacted during this turbulent decade, including the Civil Rights Act, the Voting Rights Act, and the Fair Housing Act. These laws were primarily designed to protect members of racial, ethnic, language, and religious minority groups, as well as women. People with disabilities were not included among the protected groups. Many people with disabilities were inspired by the struggles and successes of other minority groups, and began to advocate for civil rights protections. Traditionally, disability laws in the United States had been based on a social service or medical model of disability. Both government and private programs focused on “taking care of” people with disabilities, who were generally assumed to be incapable of living independently or performing truly productive work. Services were often provided in institutions and other segregated environments. Many people with disabilities were frustrated by these segregationist policies. They wanted the same kinds of opportunities that other citizens had. They wanted to attend the same public schools, ride the same public buses, patronize the same restaurants, and work in the
same offices and factories as their family members and neighbors. The Architectural Barriers Act (ABA) was one of the first federal disability laws that was not based on the traditional segregationist policy models. Although it is not a “civil rights” law in a strict sense, it does promote integration by requiring that buildings constructed, altered, leased, or funded by the federal government be accessible to people with disabilities. It does not, however, require that older buildings be retrofitted specifically to improve access. (This is why many older federal buildings, such as post offices or social security offices, are still not accessible.) Disability Law and Civil Rights
The 1970s began to see a real shift in the focus of disability legislation. The Rehabilitation Act of 1973 addressed discrimination, not just architectural inaccessibility. The Rehab Act prohibits discrimination by the agencies of the executive branch of the federal government, in employment as well as programs and services provided to the public. Additionally, it prohibits discrimination by any agency, public or private, that receives federal funds. The Rehabilitation Act was, and remains, significant not only in relation to federal programs and employment, but also because of the wide range of public and private organizations that receive federal funding. Implementation and compliance continue to present challenges to this day. The Education for All Handicapped Children Act, or PL 94-142 (later renamed the Individuals with Disabilities Education Act, or IDEA) was enacted in 1975. This law was also significant because it guarantees not only that children with disabilities be educated, but that they be educated alongside their non-disabled peers to the greatest extent possible. Although the implementation of the “least restrictive environment” requirement also continues to cause conflict, the law has produced a generation more accustomed to the integration of people with disabilities. The 1980s saw a continued expansion of disability civil rights legislation, with laws that were either designed specifically to protect people with disabilities, or that included them along with other groups. The Civil Rights of Institutionalized Persons Act, or CRIPA, (1980) authorizes the U.S. Attorney General to investigate conditions at state and local government institutions such as prisons, jails, juvenile detention facilities, nursing homes, and institutions for people with psychiatric or developmental disabilities. The Voting Accessibility for the Elderly and Handicapped Act of 1984 (enacted nearly twenty years after the Voting Rights Act) requires polling places used for federal elections to be accessible, or alternate means of casting ballots must be provided. The law also requires that registration and voting aids be available for voters with disabilities and elders. The Air Carrier Access Act (1986) prohibits discrimination in air transportation by domestic as well as foreign air carriers. The law also requires certain accessibility features in newly built aircraft. Twenty years after the passage of the Fair Housing Act, it was amended to include people with disabilities as a protected class. Under the Fair Housing Amendments Act (1988) it is unlawful for housing providers to discriminate against people with disabilities, refuse to make reasonable accommodations in policies and practices, or to refuse to allow residents with disabilities to make reasonable architectural modifications to the premises. The Act also establishes accessibility requirements for most newly constructed multi-family housing facilities. The 80s came to a close with the introduction in Congress of the first version of the Americans with Disabilities Act (ADA). When the ADA was enacted in 1990, it was hailed by many as a “sweeping” piece of civil rights legislation. It takes much of its language from the Rehabilitation Act, but reaches entities, particularly many private employers and businesses, that had previously been untouched by federal prohibitions against disability discrimination. The ADA was passed by an overwhelming majority of the Congress; both Democrats and Republicans supported it. The passage of the ADA represented the combined efforts of people with all types of disabilities, family members, friends, advocates, business leaders, and legislators who worked together to find the common ground on which we could all move forward. The ADA signing ceremony, witnessed by over 3,000 people, was the largest such ceremony that had ever been held. The enactment of the ADA raised awareness of disability rights for a whole new generation. RESOURCES FOR YOUTH: GET INVOLVED! The National Consortium on Leadership and Disability for Youth (NCLD-Youth) National Youth Leadership Network (NYLN) Junior NAD (National Association of the Deaf) Maryland Youth Leadership Forum Virginia Youth Leadership Forum West Virginia Youth Disability Caucus Delaware Leadership, Employment, Advocacy Development (LEAD) Project Youth Empowerment Resource Center (DC) TRAINING NEWS AND EVENTS 2007 PATHS Conference: Creating Opportunities through AT ADA AUDIO CONFERENCE PROGRAM The ADA Audio Conference Series provides in-depth information on the ADA and other disability related topics. A 90 minute session is offered each month in English. The session is delivered via telephone conferencing, as well as real-time streaming text and audio on the Internet. Transcripts and audio recordings of each session are available in the online archive. For additional information about the ADA Audio Conference Series, including the schedule of sessions, speakers, cost, and registration, visit the ADA Audio Conference Web site at www.ada-audio.org or call 1-800-949-4232 V/TTY. ADA Audio Conference Series in Spanish The Great Lakes Disability and Business Technical Assistance Center offers an audio conference series in Spanish. These free sessions are presented by experts in their fields. For more information on the Spanish audio conferences, visit the Great Lakes ADA Center’s Web site at www.adagreatlakes.org/Spanish/PnServices/AudioConferencing DIVERSITY AND DISABILITY IN THE WORKPLACE: TRAINING COMING THIS SPRING! For information on these and other ADA and disability-related training events, check the "Training" page at the DBTAC: Mid-Atlantic ADA Center web site: www.adainfo.org/training AFFILIATES NEWS WEST VIRGINIA: DISABILITY HISTORY WEEK Legislation signed into law in West Virginia designates the third week in October as Disability History Week. Students across the state will learn about the history and contributions of people with disabilities. Public elementary and secondary schools are required to provide information on disability history, people with disabilities, and the disability rights movement. Colleges and universities are encouraged to conduct activities that promote awareness of disability history as well. Teachers, administrators, parents, community members, and students can participate in a variety of activities. Ideas and resources for lessons, reading materials, videos, and games can be found online at http://wvde.state.wv.us/news/1297/, or call Regina Scotchie, social studies coordinator for the West Virginia Department of Education, at 304-558-7805 for more information. This legislation is particularly significant because the bill was originated by the delegates to the 2005 West Virginia Youth Disability Caucus. The West Virginia ADA Coalition was involved in organizing this event, and continues to support youth development activities across the state. New Digs in Delaware The Freedom Center for Independent Living in Delaware, which administers our affiliate, the Statewide Coalition for the ADA (SCADA), has moved to a new location in Middletown. The Center now occupies "new and improved" offices at 400 North Broad Street. The Center hosted an open house on October 11 to celebrate and welcome the community, while raising awareness of disability issues with "mini" trainings on the ADA and outreach to the media. Governor Ruth Ann Minner recognized the Center’s efforts by proclaiming October 11th as Freedom Center for Independent Living Day! Contact Center Director Cathy McKelvey (see box at right) to find out how you can get involved in SCADA activities! TO CONTACT OUR AFFILIATES: State ADA Coalitions:
MD – 800-949-4232 V/TTY DE – 302-376-4399 v or 302-376-4397 TTY WV – 800-946-9471 V/TTY VA – 757-461-8007 V or 757-461-7527 TTY PA – 570-327-9070 V or 570-327-5254 TTY State Assistive Technology Programs:
MD – 800-832-4827 V or 866-881-7488 TTY DC – 202-547-0198 V or 202-547-2657 TTY DE – 800-870-3284 V/TTY (IN STATE ONLY) WV – 800-841-8436 V/TTY (IN STATE ONLY) VA – 800-552-5019 V/TTY (IN STATE ONLY) PA – 800-204-7428 V/RELAY (IN STATE ONLY) It has been established by many courts that workplace harassment based on disability is actionable under the ADA. Courts have relied on case law under Title VII of the Civil Rights Act to provide guidance on this issue. Title VII prohibits discrimination against an individual based on race, color, national origin, religion, and gender, with respect to the " ... terms, conditions, or privileges" of employment. The Supreme Court ruled that this language addresses harassment or a "hostile work environment." The ADA has similar language in reference to disability. The first case that came before a federal appellate court on the issue of disability harassment in the workplace was Fox v General Motors Corp., which arose in West Virginia and was decided by the Fourth Circuit Court in 2001. (The Fourth Circuit covers the Region III states of Maryland, Virginia, and West Virginia, as well as North Carolina and South Carolina.) General Motors (GM) argued that harassment was not actionable under the ADA, but the court had “little difficulty” dispatching the argument, based on the precedents set under Title VII. Since the Fox decision, several other federal courts have agreed that harassment can be a viable basis for complaint under the ADA, however, an individual must prove all of the following: If an individual can get past the “disability threshold” (which is often problematic in ADA cases), and prove that he has a disability as defined by the ADA and was qualified at the time of the alleged harassment, he then faces the challenge of addressing the other factors. Cases often turn on whether the offending treatment was severe and pervasive enough to be considered harassment. There have been several claims alleging disability harassment within the courts in our region in recent years; plaintiffs have been unsuccessful in most of them. The Fourth Circuit Court, in the case of Mason v Wyeth (2006), found that a manager’s teasing and pranks were not motivated by the plaintiff’s hearing impairment, since almost all of the employee’s co-workers were subjected to similar treatment. Two cases were decided this year in the Eastern District of Virginia, in which the court found that "isolated" comments which were not threatening or humiliating were not enough to create a hostile work environment. The cases were Rozier-Thompson v Burlington Coat Factory Warehouse and Wiggins v DaVita Tidewater LLC. A similar case, Robinson v the Department of Agriculture, was decided by the District Court for the District of Columbia. This case was brought under the Rehabilitation Act (the ADA’s "older sister"). The court here also found that the offensive comments were too few and far between, did not include threats or humiliation, and did not affect the plaintiff’s ability to perform her job. One plaintiff in the region was recently successful in a case brought in the District Court in Delaware. The jury in the case of Spencer v Wal-Mart awarded $12,000 in damages for emotional distress to a hard of hearing worker who was subjected to a hostile work environment. The court affirmed the award, finding evidence that the individual’s supervisor and co-workers directed obscene gestures at her, and alternately yelled at her or refused to communicate with her because of her hearing impairment. Resources for Emergency Preparedness New publications are available to help people with disabilities and elders prepare for and cope with the aftermath of disasters. Visit the National Organization on Disability (NOD) at www.nod.org/emergency or call 202-293-5960 (voice) or 202-293-5968 (TTY). Visit AARP at www.aarp.org/katrina or call toll-free 1-888-OUR-AARP (687-2277). EEOC: Q&A about Deafness and Hearing Impairments in the Workplace The U.S. Equal Employment Opportunity Commission issued the latest publication in its “question-and-answer” series about workplace issues and the ADA. This fact sheet explains how the ADA might apply to job applicants and employees with hearing impairments, and addresses issues such as reasonable accommodations, safety concerns, harassment, and enforcement. Find this document online at www.eeoc.gov/facts/deafness.html. ICC and NFPA Compare 2006 Codes to Access Board’s New Guidelines The U.S. Access Board recently issued a side-by-side comparison of its updated accessibility guidelines (not yet enforceable under the ADA), the original ADA standards (currently enforceable), and the International Building Code, or IBC (2003 edition). Additional comparisons have been prepared by the International Code Council (ICC) and the National Fire Protection Administration (NFPA). These comparisons are based on the 2006 code editions. To access the 2006 IBC comparison, visit www.iccsafe.org/safety/accessibility/news-2006comparison.html. To access the 2006 NFPA comparison, visit www.nfpa.org/itemDetail.asp?categoryID=823&itemID=29693. IDEA 2004: Final Regulations Issued The U.S. Department of Education issued final regulations to implement the Individuals with Disabilities Education Improvement Act of 2004. The Department also launched a new web site to provide a "one stop shop" for resources related to IDEA and its implementing regulations. The "Building the Legacy: IDEA 2004" site provides searchable versions of the statute and regulations, as well as access to cross referenced content from other laws (e.g., No Child Left Behind), topic briefs, and a variety of other information. Visit http://idea.ed.gov. Free Web Design Curriculum The AccessIT Web Design & Development I course curriculum is a project-based introduction to web design developed for use in grades 9-12. The curriculum emphasizes standards-based and accessible design, is cross-platform and vendor-neutral, and is freely available for teachers to use in their own classrooms. Students learn about web design standards and how to evaluate, create, and maintain quality web pages. Visit www.washington.edu/accessit/webdesign/index.htm. No Internet Access? WEB SITES Www.ncwd-youth.info The National Collaborative on Workforce and Disability for Youth (NCWD-Youth) provides information for youth and family members, employers, and youth service providers. Www.includingallkids.org Including All Kids, part of the Beyond Participation project, promotes inclusion of children and youth with disabilities in community-based youth programs and organizations. Www.nsttac.org/ The National Secondary Transition Technical Assistance Center (NSTTAC) works to improve transition planning, services, and post-school outcomes for youth with disabilities. Www.heath.gwu.edu/ The HEATH Resource Center is a national clearinghouse on postsecondary education for individuals with disabilities. Www.edjj.org/ The National Center on Education, Disability and Juvenile Justice (EDJJ) provides technical assistance, conducts research, and disseminates resources related to special education and transition services for detained and incarcerated youth with disabilities, as well as prevention of school failure and delinquency. Www.adainfo.org/ youth Check out our new "Youth with Disabilities" Web page for more information and resources related to education, transition, and other issues. ADA In Focus is intended for use by individuals, state and local governments, businesses, legal entities, and others interested in developments in the Americans with Disabilities Act. This publication is intended solely as an informal guidance and should not be construed as legally binding. ADA In Focus does not serve as determination of the legal rights or responsibilities under the ADA for any individual, business or entity. ©2008 DBTAC: Mid-Atlantic ADA Center
DBTAC: MID-ATLANTIC ADA CENTER FUNDED FOR FIVE MORE YEARS!
Marian Vessels, Project Director
Nancy Horton, Assistant Director
Marissa Johnson, Director of Training
David Stewart, Technical Assistance Specialist
Mark Derry, Training Consultant
Traci Lemon, Office Manager
451 Hungerford Dr., Suite 607
Rockville, MD 20850 4151
TEL: 301 217 0124 V/TTY
FAX: 301 217 0754
Toll-free: 800 949 4232 V/TTY
E-mail: adainfo@transcen.org
URL: www.adainfo.org
© 2006 by TransCen, Inc.
Web:www.ncld-youth.info
Toll-free telephone: 877-871-0744 (voice),
877-871-0665 (TTY)
Web:www.nyln.org
Toll-free telephone: 866-480-6565
Web:www.nad.org
(select "Inside NAD," then "Youth")
Telephone: 301-587-1789 (TTY),
301-587-1788 (voice)
Web:www.md-ylf.org
Telephone: 301-277-2839
Web:www.vaboard.org/ylf.htm
Toll-free telephone: 800-846-4464
Web:www.wvsilc.org/WEST_VIRGINIA_YOUTH_DISABILITY_CAUCUS_2007.htm
Telephone: 800-642-8207 ext. 4624
or 304-766-4624
Web:www.udel.edu/cds/lead.html
Telephone: 302-831-1705
Web:www.inclusionresearch.org/YERC/YERC%20HOME.HTML
(select "Inside NAD," then "Youth")
Telephone: 202-338-7153
This conference features exhibits and workshops on assistive technology for all ages.
For more information, visitwww.cedwvu.org/programs/wvats/2007paths.html or call 1-800-841-8436
"Workforce Discovery: Diversity and Disability in the Workplace," a two day "train-the-trainer" activity, covers disability awareness, communication and interaction, reasonable accommodations, and legal issues in employment, as well as best practices for trainers. If you are interested in participating in this training, please contact our Director of Training, Marissa Johnson, at 1-800-949-4232 V/TTY (in DC, DE, MD, PA, VA, WV), 301-217-0124 V/TTY (outside the region), or e-mail: mjohnson@transcen.org. We will plan dates and location to best meet the needs of interested participants.
E-MAIL – adainfo@transcen.org
E-MAIL – cmckelvey@fcilde.org
E-MAIL – ADAcoalition@aol.com
E-MAIL – kgonzalez@endependence.org
E-MAIL – communityorganizer@cilncp.org
WEB – www.mdtap.org
WEB – www.atpdc.org
WEB – www.dati.org
WEB – www.cedwvu.org/programs/wvats
WEB – www.vats.org
WEB – http://disabilities.temple.edu/programs/assistive/index.htm
If you are not able to obtain online publications,
call the DBTAC: Mid-Atlantic ADA Center,
1-800-949-4232 V/TTY.
We will be happy to assist you!
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