ADA & IT InFocus - Volume 10, Number 1
Winter 2005
- ADA and IT Issues:
Training News and Events
- Affiliates News:
- ADA Rulings:
- What’s New:
- ADA Quick Tips: Sign Language Interpreters
- Equal Employment Opportunity Commission: New Fact Sheets
- Assistive Technology Act of 2004
- Access Board Seeks Public Comment on Guidelines for Passenger Vessels
- NCD: "Righting the ADA"
- Equal Employment Opportunity Commission: New Fact Sheets
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 www.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
Rachel Margolis, Technical Assistance Specialist
David Stewart, Technical Assistance Specialist
Mark Derry, Training Consultant
Traci Lemon, Office ManagerTransCen, 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
© 2005 by TransCen, Inc.
ADA and IT ISSUES:
EMERGENCY PREPAREDNESS: PLAN, PREPARE, AND PRACTICE!
War and terrorism, severe weather and natural disasters, and the impressive array of chemical and radiological threats present in our world today are enough to give pause to even the most carefree individual. While we can work to eliminate some of these frightening possibilities, others are beyond our control. There is a lot we can do, however, to respond, survive, and recover when they occur.
Planning, preparation, and practice are key components of effective emergency response. This is true for people with or without disabilities, so it is important that individuals and families, government agencies, businesses, and other private organizations all work together to ensure the best possible outcomes.
Planning
Government agencies and businesses seem to be improving efforts to include people with disabilities in emergency planning at work and in the community. A Harris Interactive survey, commissioned by the National Organization on Disability (NOD) and conducted in December of 2003, indicated a marked improvement in the workplace preparedness of people with disabilities who are employed. Sixty-eight percent (68%) said that plans had been made for job site evacuation (a dramatic increase from the forty-five percent (45%) found in a similar survey conducted two years previously).
Another Harris/NOD survey, conducted in the fall of 2004, found that an average of sixty-nine percent (69%) of state and local government emergency managers had incorporated the needs of people with disabilities into their emergency plans. An additional twenty-two percent (22%) said they had a plan under development. Most of these plans are very comprehensive and address a broad range of needs, from warning and information systems, to transportation, "special-needs" shelters, and post-disaster services.
However, planning must take place not only at the business and government level, but on a personal level as well. The same Harris/NOD survey conducted in December 2003 indicated that only thirty-nine percent (39%) of people with disabilities had made plans related to evacuation from their homes. Yet forty-three percent (43%) described themselves as at least "somewhat anxious" about their personal safety (compared to thirty-six percent (36%) of people without disabilities).
Every individual and family must take some responsibility for their own safety and make plans (and alternate plans, and then back-up plans!) about what to do, where to go, and how to communicate in various situations, including both evacuation and sheltering in place.
Preparation and Practice are Essential
Planning is only the first step in responding effectively in a crisis. Preparation and practice are essential as well. Even the most comprehensive and detailed plan, if unsupported by preparation or untested by practice, can prove inadequate when disaster actually strikes.
Planning, preparation, and practice must take place at every level, from individuals and families to the highest levels of government.
Tips for Individuals and Families
Educate yourself about various kinds of emergencies and disasters, both natural and man-made. You will need to do different things in different situations.
Prepare to meet basic needs (water, food, clean air, and warmth), as well as particular disability-related needs (continued electricity and/or refrigeration, supplies, medications, etc.), in your own home in case you have to shelter in place. Be prepared for interruptions in power and/or telephone service, as well as government or business services.
Nothing is more vital in an emergency than accurate information. Make sure you have at least one way of getting information that does not require electricity.
You and your family may not be home together when an emergency arises. Are you prepared, or know what plans and preparations are in place, at work or school? Do you have a communications plan, with a "point of contact" (friend or relative) outside of your local area?
If you have concerns about whether your employer, local government, or child’s school is prepared to meet your disability needs in an emergency, ask! Don’t assume they are aware of your needs or prepared to meet them, even if they know you, and don’t wait until an emergency occurs to find out.
Find out if your community has a "special needs" registry for those with disabilities. Many communities maintain these confidential, voluntary registries for people who need some type of notification or assistance in emergencies.
Make evacuation plans and preparations in case you have to leave your home or even your local area altogether. If you will need assistance to get out of your house or transportation to get to a shelter or other location, find out what your options are and make arrangements now. Make a get-away kit or list so you take what you need with you.
Get to know your community. Find out where the facilities that are typically used as emergency shelters are located, and learn more than one route to get to them. Remember, in an emergency, roads may be damaged, blocked, or clogged with traffic.
Find out if shelters will meet your accessibility needs, or if special needs shelters have been designated. Special needs shelters typically are those which have back-up sources for electricity and may have supplies or skilled staff. Most people with disabilities will not need to go to special needs shelters, as long as the general population shelters meet their basic accessibility needs.
Don’t forget preparations for your pets, if you have any. Although shelters will admit service animals, most will not admit pets.
Practice! Hold periodic drills so that things will go smoothly if your plans ever have to be implemented. Encourage and participate in drills in your workplace or community.
Tips for Businesses and Agencies
Involve everyone in emergency planning. Don’t forget the night shift or janitorial staff. Include employees with disabilities in your planning and preparation activities, but remember that you may have employees who have disabilities that you don’t know about, ranging from psychiatric conditions to arthritis. Many people who may not need accommodations on the job on a daily basis may need assistance in an emergency.
If your business or agency is open to the public, you may have visitors with all kinds of disabilities on your premises when an emergency occurs. Plan accordingly! Assess both your facility (accessible routes out of the building, alarm systems, etc.) and your emergency procedures.
Some types of emergencies will preclude evacuation, and instead require that people remain indoors and shelter in place. Are you as prepared as you are at home? Do you have a supply of water, non-perishable food, or first aid supplies? Do you have a means of getting information that does not require electricity?
Train your staff in the use of any equipment or procedures that may be needed in an emergency. Neither the fire extinguisher in the hallway, nor the evacuation equipment designed to get a wheelchair user down a flight of stairs, will be of any use if no one knows how to use them.
Train your volunteers, too. Many organizations that provide disaster and relief services rely on volunteers. Many kind and generous people simply have not had the opportunity to interact with someone with a cognitive, psychiatric, mobility, hearing, speech, or vision disability. Training and support will help ensure smooth operations in difficult situations.
Practice! Hold regular drills to work the bugs out of your system. Include people with disabilities and their representatives in these exercises and debriefs.
EMERGENCY PREPAREDNESS RESOURCES
National Organization on Disability
Emergency Preparedness Initiative
202-293-5960 V
202-293-5968 TTY
www.nod.org/emergency/Ready.gov
This web site from the Department of Homeland Security offers practical tips on preparedness for a variety of disaster events. The site features information for families and businesses, in both English and Spanish. Call 1-800-BE-READY for a free brochure or visit www.ready.gov/
Centers for Disease Control
Emergency preparedness and response information in English and Spanish. CDC Hotlines: English: 888-246-2675 866-874-2646 TTY
Español: 888-246-2857
www.bt.cdc.gov/index.asp
An ADA Guide for Local Governments: Making Community Emergency Preparedness and Response Programs Accessible to People with Disabilities
This new guide offers practical advice on how to include people with disabilities in emergency planning, and meet their needs with notification systems, evacuation and sheltering, and post-disaster services.
U.S. Department of Justice
800-514-0301 V 800-514-0383 TTY
www.ada.gov/emergencyprep.htm
This publication is also available from the ADA & IT Information Center; call 1-800-949-4232 V/TTY or visit www.adainfo.orgEmployers’ Guide to Including Employees with Disabilities in Emergency Evacuation Plans
This guide includes a step-by-step procedure and checklist to develop an emergency plan, as well as accommodation ideas and product information.
Job Accommodation Network
800-526-7234 V/TTY
www.jan.wvu.edu/media/emergency.htmlAccessibility of Emergency Video Programming to Persons with Hearing and Visual Disabilities
Federal Communications Commission
888-CALL-FCC (1-888-225-5322)
888-TELL-FCC (1-888-835-5322) TTY
www.fcc.gov/cgb/consumerfacts/emergencyvideo.htmlFEMA for Kids
This web site from the Federal Emergency Management Agency has kid-friendly information, games and quizzes, and a kid-to-kid connection page for sharing disaster experience stories, poems, and artwork. There are also “Parents and Teachers” pages with activities, curriculum, and safety information for home and classroom use.
www.fema.gov/kids/Visit the "Links and Resources" page at our web site at www.adainfo.org for more great resources!
TRAINING NEWS AND EVENTS
Best Practices in ADA Training
Gaithersburg, MD: March 9, 2005
This is a great opportunity for training professionals to improve training skills, learn about new resources, and network with colleagues.
Workforce Discovery: Diversity and Disability in the Workplace
Gaithersburg, MD: April 20 - 21, 2005
This "Train-the-Trainer" workshop will include modules on understanding disability, hidden disabilities, effective communication, legal implications, reasonable accommodations, and best training practices.
For more information on these training events,
call the ADA & IT Information Center
1-800-949-4232 V/TTY (in DC, DE, MD, PA, VA, WV); 301-217-0124 V/TTY
or e-mail kporter@transcen.orgNational ADA Symposium
Kansas, MO: May 17 – 19, 2005
This three-day event is a comprehensive training on the Americans with Disabilities Act and related disability issues.
For more information, visit www.adaupdate.org/Symposium.html
or call 1-800-949-4232 V/TTYNEW WEB COURSE: INTRODUCTION TO ACCESSIBLE INFORMATION TECHNOLOGY IN EDUCATION
This course was developed by the National Center on Accessible Information Technology in Education (AccessIT). Lessons address issues such as the difference between information technology and assistive technology, typical accessibility problems and solutions, and relevant laws for web design, distance learning, software, self-contained closed products, telecommunications, and multimedia. The final lesson provides an overview of approaches and strategies for influencing information technology accessibility policy in education, and examines sample policies. Interactive features include streaming video, hypothetical case studies, and review questions that allow students to review and evaluate their understanding of lesson concepts. Visit www.washington.edu/accessit/webcourse.php
For information on these and other ADA, IT, and disability-related training events, check the "Training" page at the ADA & IT Information Center web site:
www.adainfo.org/trainingAFFILIATES NEWS
BREAKING DOWN BARRIERS: K-12 AND BEYOND
The national network of Disability and Business Technical Assistance Centers is pleased to announce the availability of a new publication designed to promote accessible information technology in elementary and secondary schools.
The Breaking Down Barriers: K-12 and Beyond materials include a booklet and an interactive CD for educators, as well as A Parents’ Guide to Accessible Technology in Schools.
Schools, even at the elementary level, are using technology more and more to enhance learning for all students. Information technologies in educational settings can include instructional software, electronic textbooks, various telecommunications systems and products, office machines, video equipment, computers, web-based applications and distance learning programs.
It can be a challenge to ensure accessibility to this increasingly sophisticated array of technologies, but meeting that challenge creates new opportunities and facilitates greater involvement for students, parents, employees, and members of the community with disabilities.
The booklet and CD can assist principals, superintendents, school board members, computer lab personnel, library staff, technology directors, curriculum planners, and teachers to identify barriers and improve the usability of information technology within their schools. The package also includes a full-color, 17" x 23" poster illustrating "Barrier-Free Computing."
The parent guide offers practical advice and strategies that can be used to advocate for the purchase, development, and use of accessible technologies in schools.
To obtain copies of the Breaking Down Barriers: K-12 and Beyond materials, or other information on accessible technologies, contact your state’s Assistive Technology program (see contact information below).
TO CONTACT OUR AFFILIATES:
State ADA Coalitions:
MD - 301-871-8077 V/RELAY
E-MAIL - cjandre@comcast.netDC - 202-388-0033 or 202-388-0277 TTY
E-MAIL - hgalmore@dccil.orgDE - 302-376-4399 v or 757-376-4397 TTY
E-MAIL - vsiefert@fcilde.orgWV - 800-946-9471 V/TTY
E-MAIL - ADAcoalition@aol.comVA - 757-461-8007 V or 757-461-7527 TTY
E-MAIL - kgonzalez@endependence.orgPA - 570-327-9070 V or 570-327-5254 TTY
E-MAIL - communityorganizer@cilncp.orgState Assistive Technology Programs:
MD - 800-832-4827 V or 866-881-7488 TTY
WEB - www.mdtap.orgDC - 202-547-0198 V or 202-547-2657 TTY
WEB - www.atpdc.orgDE - 800-870-3284 V/TTY (IN STATE ONLY)
WEB - www.dati.orgWV - 800-841-8436 V/TTY (IN STATE ONLY)
WEB - www.cedwvu.org/programs/wvatsVA - 800-552-5019 V/TTY (IN STATE ONLY)
WEB - www.vats.orgPA - 800-204-7428 V/RELAY (IN STATE ONLY)
WEB – http://disabilities.temple.edu/programs/assistive/index.htmlCOURTS COVER THE TITLES: Decisions in Employment, State Government, and Public Accommodations Cases
Maryland Court: Trial to be Set for Emergency Evacuation Case
A Maryland Circuit Court judge has declared that public accommodations must consider people with disabilities when developing emergency evacuation procedures.
The case of Savage v. Dierman Realty Group arose in the fall of 2002 when Katie Savage was shopping at Marshalls department store at City Place Mall in Silver Spring, Maryland. An alarm sounded and an announcement over the public address system instructed shoppers and employees to evacuate the premises. Ms. Savage, who uses a wheelchair, left the store but was trapped in the below-ground mall atrium when elevators shut down.
Ms. Savage sued both Marshalls and the operator of the mall. Marshalls argued that the ADA does not require places of public accommodation to modify evacuation plans in order to accommodate the needs of people with disabilities, but the court disagreed, writing that "it is certain that Title III of the ADA does apply to this situation." The case will now proceed to trial.
Third Circuit Addresses Accommodation for Employee "Regarded As" Having a Disability
The Third Circuit Court of Appeals reversed a lower court’s dismissal of a police officer’s ADA discrimination claim. The case of Williams v. Philadelphia Housing Authority Police Department will be sent back to the lower court for further consideration of whether the officer had a disability and/or whether the officer’s employer regarded him as having a disability and failed to reasonably accommodate him.
This case is significant in that it is the first time the Third Circuit has ruled on the question of whether an individual who is "regarded as" having a disability is entitled to reasonable accommodations on the job. Mr. Williams had an impairment that limited his ability to perform certain duties, but his employer, because it regarded him as more limited than he actually was, refused to allow him an assignment that he could have performed. The employer even ignored its own doctor’s advice in refusing the assignment.
Although other courts have ruled differently, this court found that the plain language and legislative history of the ADA, as well as the landmark Supreme Court Arline decision (which discussed both the “history/record of” and the “regarded as” prongs of the definition of disability) led to an “inescapable” conclusion that employees who are regarded as having disabilities are entitled to reasonable accommodations.
The decision is posted in PDF format at: www.ca3.uscourts.gov/opinarch/031158p.pdf
PA Court Decides "Olmstead" Case
The case of Frederick L. v. the Department of Public Welfare of the Commonwealth of Pennsylvania has been decided by the Eastern District Court of Pennsylvania in favor of the Commonwealth.
This class action was filed on behalf of individuals with mental impairments who were institutionalized at Norristown State Hospital. The plaintiffs claimed that the state was not moving fast enough to facilitate community placements for appropriate candidates.
The district court had initially decided in favor of the state, finding that to accelerate the de-institutionalization program any more would require a "fundamental alteration" of the state’s "programming and budgetary allocations." The Third Circuit Appeals Court, however, returned the case, faulting the lower court for not looking closely at the state’s plans for future progress toward de-institutionalization.
The district court then looked further at the state’s plans, finding them sufficient and noting a "central and long-term commitment" to progress.
The decision is posted online at www.paed.uscourts.gov/documents/opinions/04d0294p.pdf
ADA Quick Tips: Sign Language Interpreters
The ADA & IT Information Center has developed a new publication designed to provide information about title III of the ADA and its requirements for private businesses to ensure effective communication. This half-page, double-sided publication on card stock includes practical tips for individuals and businesses, information about tax credits, basic regulatory references, and contact information for follow-up questions. This free publication can be ordered from our Center, or downloaded directly from the "Publications" page on our web site at www.adainfo.org
Equal Employment Opportunity Commission: New Fact Sheets
Questions & Answers About Persons with Intellectual Disabilities in the Workplace and the ADA offers advice on when an employer may ask an applicant, employee, or a third party (such as a family member of an applicant or employee) questions about an intellectual disability; what types of reasonable accommodations may be needed in the workplace; how to address safety concerns and conduct issues; and how an employer can prevent harassment. Find the online version at www.eeoc.gov/facts/intellectual_disabilities.html
How to Comply with the ADA: A Guide for Restaurants and Other Food Service Employers discusses the relationship between the ADA and the Food and Drug Administration (FDA) Food Code. The guide is posted at www.eeoc.gov/facts/restaurant_guide.html
Assistive Technology Act of 2004
President Bush signed the Assistive Technology Act of 2004, which was passed with overwhelming support in Congress. This reauthorization of the 1988 Act will remove the "sunset" provision from the law, ensuring continued funding for the states’ and territories’ assistive technology (AT) programs. The AT programs will provide a variety of direct aid programs, including reutilization, demonstration, alternative financing, and device loan programs.
Check the "To Contact Our Affiliates" box on page 3 to find a list of all the AT projects in the Mid-Atlantic region.
Access Board Seeks Public Comment on Guidelines for Passenger Vessels
The U.S. Access Board released for public review and comment a draft of accessibility guidelines for passenger vessels. The document provides accessibility criteria for large vessels designed to accommodate more than 150 passengers or 49 overnight passengers.
The Board is also soliciting information on how to address access to smaller vessels, such as water taxis and excursion boats, which pose unique design challenges. The notice outlines several options on how access can best be specified.
The deadline for comment is March 28, 2005. Information and related materials are posted on the Board’s website at www.access-board.gov (look for the "Passenger Vessels" link), or contact the Board at 202-272-0080 (voice), 202-272-0082 (TTY).
The National Council on Disability has issued its "Righting the ADA" report, in which it analyzed Supreme Court interpretations in ADA cases. The Council believes that "while some of the Court’s decisions have clearly liberated people with disabilities, ... several ... depart from the core principles and objectives of the ADA."
NCD called upon the Administration and Congress to support legislation to "restore" the ADA. Visit the "Newsroom" at www.ncd.gov for more information.
No Internet Access?
If you are not able to obtain online publications,
call the ADA & IT Information Center,
1-800-949-4232 V/TTY.
We will be happy to assist you!WEB SITES
www.adagame.org The ADA Game is free and available to play at any time. Players take on the role of advocates for disability rights and work together to improve compliance with the ADA in their virtual communities.
www.adaportal.org The searchable ADA Portal collection contains over 3,400 documents on the ADA and over 15,000 documents on other disability-related topics.
wind.uwyo.edu/breasthealth/ The Breast Health for Women with Disabilities project site contains a variety of information on health services, training materials, and resources on breast health for women with disabilities.
www.acuta.org The Association for Communications Technology Professionals in Higher Education (ACUTA) works to support higher education institutions in achieving optimal use of communications technologies.
www.tdi-online.org TDI (Telecommunications for the Deaf, Inc.) promotes access to telecommunications and media for people who are deaf, hard-of-hearing, late-deafened, or deaf-blind. They maintain information on products and services such as Internet and video relay options, home video distributors, theater chains, captioning providers, television broadcast and cable networks, TTYs, and wireless telecommunications devices. They also list resources related to advocacy, public policy, and emergency preparedness.
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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