ADA In Focus - Volume 9, Number 1 Winter 2004
In Focus this Issue
- ADA and IT Issues: :
- Training Events
- Coalitions & Consortium:
- ADA Rulings:
- What's New:
- Web Sites
ADA & IT IN FOCUS is published three times yearly by the ADA & IT Information Center for the Mid-Atlantic Region. It is posted to the web on the "Publications" page at adainfo.org. It is also available by request in large print, Braille, audio cassette, and computer disk.
Richard G. Luecking, President
Marian Vessels, Project Director
Nancy Horton, Assistant Director
Kathleen Desmond Porter, Training and Organization Development Director
Wesley R. Young, Technical Assistance Specialist
David Stewart, Technical Assistance Specialist
Mark Derry, Training Consultant
TransCen, Inc. is a Rockville, MD-based firm specializing in human resources issues that impact workplace diversity. TransCen administers the ADA & IT Information Center, providing business and technical assistance to DE, DC, MD, PA, VA and WV.
This is a publication of the ADA & IT Information Center, funded by the National Institute on Disability and Rehabilitation Research of the U.S. Dept. of Ed. (Grant # H133D010212). The opinions contained in this publication are those of the grantee and do not necessarily reflect those of the Dept. of Education.
ADA & IT Information Center
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
URL: www.adainfo.org
©2004 by TransCen, Inc.
ADA and IT Issues:
ACCESS TO TECHNOLOGY
Adapted from articles developed by the University of Washington and AccessIT (www.washington.edu/accessit):
- What is accessible electronic and information technology?
- What types of disabilities do students and employees have that impact their use of electronic and information technology?
- What access challenges do people with disabilities face when using a telephone?
Electronic and information technology includes, but is not limited to, telecommunications products (such as telephones), information kiosks and transaction machines, World Wide Web sites, multimedia, and office equipment (such as copiers and fax machines). The design of some electronic and information technology makes it difficult or impossible for individuals with specific disabilities to effectively use it.
Accessible electronic and information technology is technology that can be used by people with a wide range of abilities and disabilities. It incorporates the principles of universal design. Each user is able to interact with the technology in ways that work best for him or her. Accessible technology is either directly accessible-in other words, it is usable without assistive technology-or it is compatible with standard assistive technology. Just as buildings that have ramps and elevators are accessible to wheelchair users, products that adhere to accessible design principles are usable by people with a wide range of abilities and disabilities.
Computers
Some individuals with disabilities cannot operate a standard keyboard and/or mouse. A wide range of devices, called adaptive or assistive technology, allows individuals with mobility impairments to access computers. They include mini, expanded, and other alternative keyboards; speech input systems; and alternatives to a standard mouse. These devices are available for all commonly used computers. Some individuals with visual impairments require that images be enlarged; some cannot see the computer screen at all. Software is readily available for enlarging screen images. In addition, speech output systems are available for reading text presented on the screen; however, these systems cannot provide access to content presented only in a graphical form.
Web Pages
Individuals who are blind and using speech output systems cannot access web content that is presented only in a graphical form and can have difficulty accessing content presented in tables and other forms, unless the content is designed with access in mind. People who are color-blind cannot discriminate between color-coded options. Individuals who are deaf cannot access content presented using audio output unless captions or transcriptions are provided.
Telephones
People who are deaf or hard of hearing as well as individuals with visual impairments, mobility impairments, and speech impairments experience difficulty when trying to operate standard telephones.
The telephone is one of the earliest examples of information technology that excluded individuals with disabilities. People who are deaf or hard of hearing were particularly excluded from this audible medium from the onset. Text alternatives became possible in the mid-1960s with the invention of the acoustic coupler, and began to appear as teletypewriters (TTY) shortly thereafter.
People with hearing impairments, however, are not the only group who has historically experienced problems with telephones. People with speech impairments, mobility impairments, and visual impairments continue to have difficulty with mainstream telephone equipment today.
People with speech impairments, if unable to communicate verbally, could use a TTY. However, these same individuals face additional barriers if they have physical disabilities that prevent them from using the TTY effectively. Many of these individuals can benefit from the Speech to Speech Relay System, a system in which communications assistants (trained speech and language recognition specialists) are provided for people with speech disabilities and others who speak unclear English.
People with mobility impairments may be unable to use the controls on the phone. Several devices have been developed to assist people who have mobility impairments in using the telephone, including automatic memory dialers, dialing aids, large add on push buttons, large number overlays, raised face plates, and touch tone transmitters.
People with blindness or low vision may have difficulty locating appropriate controls on telephone devices. These same individuals may be excluded if devices provide information via a visual display. Several devices have been developed to assist people who are blind in using the telephone, including Braille TTYs, telephones with Braille markings, voice activated telephones, voice output telephones, and voice output caller identification. As telephones have become increasingly portable and increasingly integrated with other computing devices and networks, their role in education is beginning to evolve beyond their being used in staff offices. Many educational entities in both postsecondary and K-12 environments are exploring ways to integrate wireless telephones into the classroom, providing students access to resources beyond those found in the classroom.
Photocopy and FAX Machines
Photocopy and FAX machines cannot be accessed by individuals who use wheelchairs if the controls are not easy to reach and the systems are not at an accessible height. Those who have low vision cannot access instructions and labels available only in small print. Those who are blind cannot access instructions presented only in visual form.
Potential access barriers for people with disabilities should always be considered when products are developed, purchased, or upgraded.
For more information:
U.S. Access Board
www.access-board.gov
800-872-2253 V or 800-993-2822 TTY
Federal Communications Commission (FCC)
www.fcc.gov/cgb/dro/
888-225-5322 V or 888-835-5322 TTY
Training News & Events
National ADA Symposium
Kansas City, MO, May 11 - 13, 2003
The National ADA Symposium is hosted by the network of Disability & Business Technical Assistance Centers (DBTACs). The ADA & IT Information Center is the DBTAC for the Mid-Atlantic Region. Symposium workshop sessions cover a wide variety of topics; presenters are nationally recognized experts in their fields and dynamic trainers. Presenters include representatives of the U.S. Department of Justice, U.S. Access Board and the U.S. Equal Employment Opportunity Commission. The Symposium will also include the popular EXPO! of disability related products and services. This year's keynote speaker will be John Hockenberry, award winning commentator of Dateline NBC and author of Moving Violations: War Zones, Wheelchairs and Declarations of Independence.
For more information, visit www.adaproject.org or call the Great Plains DBTAC at 573-882-3600 V/TTY
ADA Distance Learning Program
The ADA Distance Learning program continues to offer monthly sessions on a variety of disability-related topics, presented by national experts. The program utilizes a combination of telephone conferencing and web-based technologies to deliver cost-effective continuing education right to your home or office! For more information, visit www.adainfo.org/resources/#distance or call the ADA & IT Information Center at 1-800-949-4232 V/TTY
On-Line ADA Course
The Southeast Disability and Business Technical Assistance Center (DBTAC) has developed an introductory web-course on the ADA. The course is self-paced and organized into 12 topics, which are designed to be studied in order. Each topic contains relative information as well as numerous real-life examples and self-tests to help you apply what you've learned. This course is also approved for one continuing education unit (CEU) through Georgia Tech Professional Education.
For more information, visit www.adabasics.org/
Coalition & Consortium News
Accessible Web Site contest: K-12 Schools
The Mid-Atlantic Accessible Education-Based Information Technology Consortium is pleased to announce its Web Site Accessibility Contest for K-12 schools in the Mid-Atlantic region.
The Consortium, comprised of the Mid-Atlantic Assistive Technology Programs, promotes the development and use of accessible information technologies in educational institutions at all levels. Accessible technology ensures that students, parents, faculty, employees, and others with disabilities can access and share information, participate in discussion forums and group projects, and take advantage of distance learning options.
Designing an accessible web site means ensuring that information is available to all users, including individuals with disabilities who may use assistive technologies or alternate methods to navigate and interact with the site.
Fabulous Prizes!
K-12 schools in the Mid-Atlantic Consortium region (Delaware, District of Columbia, Maryland, Virginia, West Virginia and Pennsylvania) are invited to submit web sites. Categories include:
- elementary school (student developed)
- middle school (student developed)
- high school (student developed)
- non student developed sites, including district wide
Web sites must be submitted for consideration by February 28, 2004. Prizes include digital cameras and web authoring software.
For more details on the contest, visit the Consortium's web page at www.adainfo.org/IT/events.htm Contact your state's Consortium partner (State Assistive Technology Programs listed below) for more information on web site accessibility and resources. Good luck!
To Contact our Affiliates:
State ADA Coalitions:
MD - 800-949-4232 V/TTY
E-MAIL - cjandre@comcast.net
DC - 202-234-7550 ext. 5 V or 202-234-7590 TTY
E-MAIL - info@disabilityrightscouncil.org
DE - 302-376-4399 v or 757-376-4397 TTY
E-MAIL - freedomcil@yahoo.com
WV - 304-296-6091 V/TTY
E-MAIL - ADAcoalition@aol.com
VA - 757-461-8007 V or 757-461-7527 TTY
E-MAIL - kgonzalez@endependence.org
PA 814-863-0471 V/TTY
E-MAIL - wwrl@psu.edu
State Assistive Technology Programs:
MD - 800-832-4827 V/TTY
WEB - www.mdtap.org
DC - 202-547-0198 V or 202-547-2657 TTY
WEB - www.atpdc.org
DE - 800-870-3284 V/TTY
WEB - www.asel.udel.edu/dati
WV - 800-841-8436 V/TTY
WEB - www.ced.wvu.edu/Programs/Community/WVATS/index.htm
VA 800-552-5019 V/TTY
WEB - www.vats.org
PA 800-204-7428 V/RELAY (in state only)
WEB - www.temple.edu/instituteondisabilities/piat/
Coalition Updates
The ADA & IT Information Center for the Mid-Atlantic Region is pleased to announce two new state ADA Coalition Coordinators: Jack Andre will be coordinating efforts to revitalize the Maryland Coalition on ADA Education, while Jody Tate will take over the activities of the Statewide Coalition for the ADA (SCADA) in Delaware. We welcome them as our affiliates and look forward to working with them. If you are interested in ADA education activities in your state, contact your Coalition Coordinator (information on preceeding page). Coalition Coordinators met with Center staff for the annual retreat this past November.
Pictured from left to right:
Bill Ritzman of the Pennsylvania ADA Coalition (PADAC), Linda Royster of the D.C. Access Coalition, Kelly Gonzalez of the Virginia ADA Education Coalition, David Stewart (seated) of the West Virginia ADA Coalition, Debbie Bain, Executive Director of the Freedom Center for Independent Living in Delaware, Jody Tate of the Statewide Coalition for the ADA (SCADA) in Delaware, and Jack Andre of the Maryland Coalition on ADA Education.
Advisory Board Updates
The Advisory Board joined the Coalition Coordinators and Center staff to share experiences and ideas at the annual retreat.
Pictured from left to right:
Joyce Lehrer, Cari Watrous (seated), Mark McKay, Alexis Thornton-Crump, Diane Edge, Charlie Downs (seated), Tony Langbehn, and Claire Michaels. (Not pictured: Gray Smith, who was in Philadelphia accepting a "Building the Future" award from the Inglis Foundation!)
ADA Rulings: Decisions and Settlements
Supreme Court Rules in Raytheon v. Hernandez
The Supreme Court has ruled in the case of Raytheon Co. v. Hernandez. Mr. Hernandez had worked at Raytheon and had resigned in lieu of termination after he tested positive for cocaine. He reapplied two years later, stating that he was rehabilitated, but Raytheon declined to hire him.
The Supreme Court said that Raytheon's reason for refusing to rehire, that it had a policy of not rehiring anyone who had been terminated or resigned because of a violation of workplace conduct rules, was legitimate and non-discriminatory.
The case will go back to the lower court to determine if the employer's action was in fact based solely on its policy, and not motivated specifically by its knowledge of Mr. Hernandez's history of addiction. The syllabus of the Supreme Court decision can be found on?line at: http://supct.law.cornell.edu/supct/html/02-749.ZS.html
Philadelphia Settlement: Police to Improve Treatment of Detainees with Diabetes
The city of Philadelphia will pay $206,000 to over 250 former inmates of its jail system who claimed that they were denied proper medical care or access to needed supplies, medication, and food while in custody. All of the plaintiffs have diabetes.
The city will also implement new policies to ensure that future detainees receive appropriate care. Educational materials for the police department, including a training video and posters about diabetes, will be developed in cooperation with the American Diabetes Association.
UPS to Pay $5.8 Million in Partial Settlement
United Parcel Service will pay $5.8 million in damages to applicants, former employees, and employees who alleged that they were denied reasonable accommodations and opportunities for jobs, training, and promotions. This lawsuit originated in California, and was subsequently certified as a class action on behalf of plaintiffs nationwide.
As part of the settlement, UPS will also provide communication aids and services when needed, including interpreters for job interviews, training, company events, performance evaluations, and disciplinary meetings, provide all class members with vibrating pagers to be used in emergencies, and make TTYs available.
Still to be addressed through further trial proceedings is the question of whether it is lawful for UPS to continue excluding workers who are deaf from driving positions. UPS maintains that it is a reasonable safety policy, while the plaintiffs argue that people who are deaf can safely operate many types of vehicles.
EEOC: $54,000 Settlement for Worker in Communication Case
Eddie Griffith worked for Von Hoffman Graphics, Inc. at its Frederick, Maryland location for nine years. He claimed that his employer never provided sign language interpreter services for meetings or training activities, despite many requests.
Additionally, Mr. Griffith claimed that a supervisor who took over in 1995 subjected him to discriminatory actions, including taking away his technical and mechanical tasks and assigning him only janitorial duties.
The Baltimore office of the U.S. Equal Employment Opportunity Commission announced that the employer agreed to pay Mr. Griffith $54,000, and to post notices of non-discrimination in the workplace.
DOT and AirTran Airways Settle
The U.S. Department of Transportation (DOT) issued an order finding that AirTran Airways violated the Air Carriers Access Act (ACAA). The order assessed a civil penalty of $125,000; the airline may use $105,000 of that to improve services for passengers with disabilities.
What's New
Recreation Guides are Here!
The ADA & IT Information Center has received a shipment of the new recreation guides recently published by the U.S. Access Board.
These excellent publications, rich with illustrations and photographs, summarize the accessibility guidelines for recreation facilities issued by the Board last fall. Seven different guides are available:
- Amusement Rides
- Boating Facilities
- Fishing Piers and Platforms
- Miniature Golf Courses
- Golf Courses
- Sports Facilities
- Swimming Pools and Spas
Single copies of the guides can be obtained for a nominal charge. If your group or organization would like to obtain larger quantities, let us know and we will be happy to work with you to meet your needs! Call us at 1-800-949-4232 (voice or TTY).
EEOC: New Fact Sheets
The U.S. Equal Employment Opportunity Commission has issued two new fact sheets. Job Applicants and the ADA includes information for job seekers with disabilities. The publication discusses interviews, medical questions and exams, how to talk to a potential employer about disability, how to ask for a reasonable accommodation, and what it means to be "qualified." Find the fact sheet online at www.eeoc.gov/facts/jobapplicant.html
Questions and Answers About Diabetes in the Workplace and the ADA addresses such questions as when diabetes may be considered a disability under the ADA, when and what questions employers may ask, how to address safety concerns, and what types of reasonable accommodations employees with disabilities may need. Find this document online at www.eeoc.gov/facts/diabetes.html
MD TAP: Education Workstation
The Project for Accessible Information Technology in Education at the Maryland Technology Assistance Program (MD TAP), has developed an "Education Workstation."
The workstation is equipped with a variety of accessible education software and learning tools that are intended to encourage thought and discussion on accessibility accommodations for the classroom.
The workstation is located within the Universal Workplace lab at the Workforce and Technology Center in Baltimore. If you would like to visit the lab, you may wish to attend one of the many "Looking at AT" trainings that will be held in 2004, or call 1-800-832-4827 (voice or TTY) to set up an individual appointment.
To find the schedule of the MD TAP's training events, visit: www.mdtap.org/calendar/index.html
DOJ Business Briefs: Communicating with People who are Deaf or Hard of Hearing
The U.S. Department of Justice has added two new publications to its ADA "Business Connection" pages. Communicating with People Who are Deaf or Hard of Hearing in Hospital Settings and Communicating with Guests Who are Deaf or Hard of Hearing in Hotels, Motels, and Other Places of Transient Lodging are posted in both PDF and HTML versions to facilitate online access as well as printing.
These publications include a wealth of practical information on when, why, and how to ensure effective communication. Visit the Business Connection collection at www.usdoj.gov/crt/ada/business.htm
Web Sites
Web Sites of Interest: Education and Technology
www.cast.org/udl CAST (Center for Applied Special Technology) offers this splendid, comprehensive site on Universal Design for Learning (UDL).
www.ldresources.com This site includes information, articles, resources, tools, and ideas related to learning disabilities. It also hosts a discussion forum.
www.wave.webaim.org The WAVE, one of the premiere "free checkers" for web access, is a collaboration between Temple University and WebAim (Web Accessibility in Mind). Enter the URL of the site you want to check, and fully labeled icons will reveal areas that need more attention to accessibility.
www.wave.aacintervention.com This site features information, resources, and "tips and tricks" on augmentative and alternative communication.
ADA & IT 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 & IT In Focus does not serve as determination of the legal rights or responsibilities under the ADA for any individual, business or entity.
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