Special Edition: ADA-Related News

There have been quite a few developments in ADA and related issues the past several weeks so we wanted to bring many of them together in one place for easy reference.  These developments include lawsuits, advisories, events, and the release of Proposed Regulations implementing the ADA Amendments Act of 2008.

ADA Amendments Act Regulations

Earlier today we posted an extended story about recently issued EEOC proposed regulations for implementing the ADA Amendments Act, including information on how you can comment on those regulations.  These regulations will provide framework and set the tone for ADA enforcement for years to come.  It's a critical step in the regulatory process.  To read more.

Montel Meets the ADA

"I just don’t get it. What don’t employers understand about the laws that protect disabled workers? The Americans with Disabilities Act (ADA) has been in place for almost 20 years and was expanded this year to create even broader protections. If employees know their rights, and courts know them too, why don’t employers? Let’s see how a talk show ended up in the middle of a big courtroom drama …" 

This column is written from the perspective of a Human Resources director - not an advocate - but it is still informative.  To read it.  Photo Source:  http://www.montelmedia.com

National Council on Disability - Will Hold Quarterly Meeting in Nashville

This is BIG, BIG news for Tennesssee. 

The Council has four quarterly meetings each year that are held at a different location each time.  It is always a privilege and a unique opportunity for persons with disabilities, their friends and family to speak out when the Council comes to your state.  So we are encouraing everyone to make a special effort to either attend the meetings in person or to submit comments electronicially.

The Council will be here from Monday, October 26th through Wednesday morning, October 28th.  There will be numerous items on its agenda and time will be set aside for public comment.  To learn more about this event and how to submit comments check out our Blog Post.

Report on Enforcing the ADA

The US Department of Justice, Civil Rights Division released the January - March 2009 Status Report on September 1, 2009.   It includes information on litigation, settlements and more during that period.  It is posted on the ADA Website at http://www.ada.gov/statrpt.htm

Proposed Legislation Would Make Internet More Accessible via Real-time Texting, Closed Captioning

This month, as Congress returns from break, health care reform is not the only imperative issue on their plate. A new bill will aim to make content on the Internet more friendly to those with disabilities.

The "21st Century Communications and Video Accessibility Act of 2009" (H.R. 3101) plans to modernize disability standards by making such accessibility features as closed captioning, video description and real-time texting a standard for Internet technologies.

“When we first sat down a couple years ago we realized that the communication act that the FCC regulates and administers was not keeping up with all the changes going on in communications, particular with everything starting to move through the internet,” said Jenifer Simpson, Senior Director of Government Affairs at the American Association of People with Disabilities, a founding member of COAT.

Currently, some Web sites that let you watch television or movies over the Internet - such as Netflix or iTunes - do not offer closed captioning, or offer very little captioning. By law they are not required to, because closed captioning standards enforced by the FCC do not extend to content broadcasted over the Internet. To read more about the legislation.

Air Carrier Access Act

Not technically ADA - The Disability Law Lowdown has posted a new video about Rights and Responsibilities under the Air Carrier Access Act with a special focus on issues of interest to the deaf and heard of hearing community.  The video, available on YouTube, includes captions and an interpreter who is signing.

To see the video on YouTube - You may need to turn on the audio.

For a transcript of the video.

To learn more about the Disability Law Lowdown

 

2010 by 2010 Campaign

July 26, 2010 will mark the 20th anniversary of the Americans with Disabilities Act! Across the United States communities are already planning events to celebrate the progress made through the implementation of the ADA.

The National ADA Symposium is sponsoring a unique project that recognizes the progress made toward the mission of the ADA--inclusion of people with disabilities into all aspects of American life while addressing that there is still much work to be done: The 2010 by 2010 Campaign!

Our goal is to have 2,010 public entities, businesses, and organizations submit a "Proclamation of Recommitment to the Mission of the ADA" by the 20th anniversary of the ADA. This website will showcase and celebrate the public entities joining us in reaffirmation of the ADA.  To learn more about the campaign.

August 2009 Disability Employment Statistics

The Office on Disability Employment Policy, US Department of Labor has announced on their website that the August 2009 Disability Employment Statistics have been released.

In August 2009, the percentage of people with disabilities in the labor force was 22.2 compared with 71.2 for persons with no disability. The unemployment rate for those with disabilities was 16.9 percent, compared with 9.3 percent for persons with no disability, not seasonally adjusted.

More information regarding the statistics can be found including links to the full report on their site at www.dol.gov/odep/index.htm

TN Plant Charged with ADA Violations

A Michigan-based automotive parts company violated federal law when it conducted blanket drug tests of all of its production employees at its Lawrenceburg, Tenn., manufacturing facility, including testing for lawfully prescribed drugs, the U.S. Equal Employment Opportunity Commission (EEOC) charges in a lawsuit.

According to the EEOC’s suit,  Dura Automotive, Inc. tested all of its production employees for certain legally prescribed drugs for 12 different classes of drugs. Five of the drugs tested for were controlled substances, the EEOC said, but the other seven were legal medica­tions so long as they are lawfully prescribed for the individuals taking them.

Further, Dura required those who tested positive to disclose the medical conditions for which they were taking prescription medications and made it a condition of employment that the employees stop taking their prescription medications, without any evidence that the medications were affecting the employees’ job performances.  To read more.

UPS Charged with ADA violations

In a major class lawsuit filed here in federal court, the U.S. Equal Employment Opportunity Commission (EEOC) charged United Parcel Service, Inc. (UPS) violated federal law by rejecting an extension of medical leave as a reasonable accommodation for its employees with disabilities.

The EEOC’s administrative investigation, conducted prior to filing the lawsuit, and supervised by Chicago District Director John Rowe, found that UPS violated the Americans With Disabilities Act (ADA). According to Rowe, Trudi Momsen, an administrative assistant at UPS, took a 12-month leave of absence from work when she began experiencing symptoms of what was later diagnosed as multiple sclerosis.

She returned to work for a few weeks, but soon thereafter needed additional time off after experiencing what she believed to be negative side effects of her medication. Although Momsen could have returned to work after an additional two-week leave of absence, UPS fired her for exceeding its 12-month leave policy. Following its investigation, the EEOC reached an administrative determination that UPS failed to accommodate Momsen’s disability, in violation of the ADA.  To read more.

Court Rules that Worker's Comp Does Not Override ADA Requirements

A customer service area supervisor for a discount retail store obtained workers' compensation coverage for an on-the-job back injury. Her doctor gave her work restrictions on lifting, bending, twisting and climbing for an indefinite period. The supervisor requested a reprieve from working at the checkout counters as an accommodation for her condition, but her managers insisted it was an essential job function. When the supervisor provided additional medical certification preventing her from performing many of the functions listed in her job description, the store discharged her. She sued under the ADA and state law.

The District Court rejected the store's argument that the disability discrimination claims under the ADA and state discrimination laws were precluded by state workers' compensation law. The court noted that although the workers' compensation law prohibited benefit recipients from suing employers for their injuries, it did not ban intentional torts or discrimination claims. To read more about this case.

When Does ADHD Count as a Protected Disability?

Do you have employees who are easily distracted, restless, disorganized and forgetful? Maybe that’s just who they are—or maybe they’ve been diagnosed with Attention Deficit Hyperactivity Disorder (ADHD).

It’s pretty common. About 8 million adults in the United States suffer from it. It’s an “invisible” disability, but one court recently said employers shouldn’t be so fast to discount it. A disability is a disability … whether you can see it or not.

Case In Point: Dr. Robert Lewis worked in the University of Pittsburgh Medical Center emergency room. He told the ER chief that he thought he had ADHD and asked to be accommodated by seeing only one patient at a time.

The chief denied his request and formally put Lewis on probation because he was “impaired and distractible.” Lewis was also required to undergo a psychological evaluation. Subsequently, Lewis was diagnosed with ADHD.   To read more.

September ADA Headliner

This monthly report of the Southeast ADA Center touches on national ADA news, training opportunities, resources and more. To check it out.

The center has also launched a new and improved website at: http://sedbtac.org

Did you know? 

The Tennessee Disability Coalition is part of a nationwide network providing information on ADA compliance and coordinates efforts through the Southeat ADA Center. 

The DBTAC: Southeast ADA Center (Southeast DBTAC) is one of ten regional DBTAC: ADA Centers funded by NIDRR to provide information, training, and technical assistance on the Americans with Disabilities Act (ADA) and to promote the use of accessible technology.

All requests for information via phone or submitted online are strictly confidential.

To contact your DBTAC: ADA Center call 1-800-949-4232 (v/tty) from 9:00 a.m. to 5:00 p.m., Monday - Friday or complete the Help, Questions, Comments & Requests Form at http://www.sedbtac.org/ta/index.php#formbox.