DBTAC: Great Lakes ADA Center

Trainings & Events

ADA Audio Conference Series

2009 Legal Issues Webinar: Employment and the ADA

2009 Accessible Technology Webinar

2009 7th Annual ADA Symposium

• Formal plated luncheon with Keynote Speaker Senator Tom Harkin.
• Round table sessions allowing participants to meet with Symposium presenters.
• Research track featuring research projects on increasing community access and employment of people with disabilities.
• Formal evening banquet with jazz quartet.

News from the Federal Agencies

U.S. Access Board

Board Provides Information on Projects Receiving Federal Stimulus Funds

The Access Board has developed on its web site information for entities receiving money through the recent stimulus bill, also known as the "American Recovery and Reinvestment Act," in order to assist in understanding requirements under federal disability rights laws. Those laws are the Americans with Disabilities Act (ADA), Architectural Barriers Act (ABA) and Rehabilitation Act. The ADA applies to state and local governments and places of public accommodations, the ABA requires access to facilities designed, built, altered or leased with federal funds and the Rehabilitation Act requires entities receiving federal funds to operate programs that are accessible to and useable by individuals with disabilities. Read morehttp://www.access-board.gov/recovery/

Next Board Meeting in Boston, MA

The Access Board will hold a town hall meeting in Boston, MA on May 28, 2009. Each year the Board holds a meeting in a different city providing the opportunity to citizens to participate in the Board's activities. The meeting will provide a forum for general discussion and feature panel discussions on various topics, including promoting accessibility in design education, the work of the Massachusetts Architectural Access Board (MAAB), and museum exhibit design. Read morehttp://www.access-board.gov/news/boston.htm

The U.S. Equal Employment Opportunity Commission

Commission Files Suit against Florida Employer

The EEOC has filed suit against the Florida Institute for Neurologic Rehabilitation for failing to provide an interpreter for a deaf employee. The lawsuit charges that the company failed to provide a sign language interpreter to an employee in a training program for a housekeeping position. As a result of the failure to provide the interpreter the individual failed to complete the training program the suit alleges. Read Moreabout the lawsuit

http://www.eeoc.gov/press/4-16-09b.html

Gary, IN Employer Faces EEOC Suit for Violation of the ADA

U.S. Steel has been sued by the EEOC for rescinding a job offer to an individual with a disability. The suit charges that the company rescinded the job offer following the discovery of a disability during a post-job offer medical examination. The EEOC is seeking compensatory and punitive damages against the company. Read Moreabout the lawsuit

http://www.eeoc.gov/press/4-15-09a.html

Suit Alleges Employer Failed to Allow Employee to Return to Work Following Leave

The EEOC has filed suit against Medical Health Group, Inc for failing to allow an employee with cancer to return to work. According to the suit the employee was terminated one week prior to her approved leave was to end. The suit states that right before terminating the employee the employer had been informed that the employee planned on returning to work while under going her remaining treatment for the cancer. Read Moreabout the case

http://www.eeoc.gov/press/4-1-09b.html

EEOC Suite Alleges Employer Failed to Hire Applicant because of Disability

The EEOC has filed suit against a Sonic restaurant franchisee for failing to hire an applicant with a disability. The suit alleges that the restaurant refused to hire the applicant because of the applicant's speech impediment. The EEOC is seeking a permanent injunction prohibiting the company from engaging in disability discrimination, as well as back pay, compensatory damages, and punitive damages. Read morehttp://www.eeoc.gov/press/4-13-09.html

Department of Justice

Justice Settles Complaint Alleging Hospital Failed to Provide Effective Communication

The Department of Justice announced it had reached a settlement agreement with Central DuPage Hospital in Winfield, IL. The agreement settles a complaint that alleged the hospital failed to provide an interpreter after several requests had been made by a patient in the crisis stabilization unit of the Hospital. The agreement requires the hospital to develop new policies to insure that necessary auxiliary aids and services are provided to deaf and hard of hearing patients and visitors in order to provide effective communication. Hospital staff must under go training and the agreement requires that a log of requests for auxiliary aids and services be maintained. Read morehttp://www.ada.gov/central_dupage.htm

Minnesota County Settles Complaint Filed by Deaf Individual Following Arrest

Dakota County in Minnesota has reached an agreement with the Department of Justice settling a complaint that the county was in violation of Title II of the ADA. Allen Mate alleged in his complaint that the county failed to provide him with an interpreter while being booked at the Dakota County Jail and that the county failed to provide him with access to a telecommunications devices for the deaf (TDD). As part of the agreement the county will provide detainees with necessary auxiliary aids and services when needed to insure effective communication and develop a training curriculum for staff. Read more

http://www.ada.gov/dakota_co.htm

DOJ Settles Complaint Regarding Refusal to Allow Service Animal in Store

The Department of Justice has reached an agreement with World Fresh Market settling a Title III complaint. The complaint alleged that and individual was asked to leave the store because he was being accompanied by his service animal. The agreement requires the store to develop policies and train staff so as to avoid discriminating against individuals with disabilities using service animals. Read more

http://www.ada.gov/worldmarket.htm

Settlement of Fair Housing Act Complaint

The Department of Justice announced that a federal district court judge in Louisville, Ky., approved a settlement of the Department's lawsuit against several apartment developers. The lawsuit alleged that the design and construction of 12 multifamily housing complexes discriminated on the basis of disability in violation of the Fair Housing Act. The complexes contain more than 800 units covered by the Fair Housing Act's accessibility provisions. As part of the settlement the plaintiffs will are responsible for the cost of making units accessible. Read more

http://www.usdoj.gov/opa/pr/2009/April/09-crt-346.html

U.S. Departmnet of Labor

Labor Leading Initiative to Increase Number of Federal Employees with Disabilities

The Department of Labor announced that it is leading an 18 department initiative to increase federal employment of individuals with disabilities. The initiative was established by Disability Employment Policy Assistant Secretary of Labor Neil Romano under the direction of Labor Secretary Elaine L. Chao. The participants at the meeting heard presentations on tools for recruiting, hiring, retaining and advancing people with disabilities. Read Morehttp://www.dol.gov/opa/media/press/odep/archive/odep20090062.htm

New Disability Employment Resource for Employers Released

To meet the need for a comprehensive, portable, an easy to understand guide for employers who are looking to recruit, hire, and retain employees with disabilities, ODEP has released its new Four-Step Reference Guide. The online version of this resource, which covers topics such as Incentives & ROI, Recruiting, Interviewing & Hiring, also provides links and other resources. (PDF)http://www.dol.gov/odep/documents/Flip%20Guide_FINAL_3%2030_508%20compliant2.pdf (WORD)http://www.dol.gov/odep/documents/ODEP_Flip%20Book%202009_FK.doc

Great Lakes In Focus

A new web site has been designed to provide individuals with disabilities and their families information about the services and accessibility of local businesses in the northern suburbs of Chicago. The below description comes from the "About US" section of the web site. The Great Lakes Center does not endorse the descriptions of businesses or the content provided on the site. This is being provided for informational purposes only.

JJ's List - Where people with disabilities rate businesses and services

Some websites review hotels. Some websites review restaurants. This is the first website that reviews the disability awareness of these and many other kinds of businesses. JJ's List is the brain child of JJ Hanley, Illinois mom of a teenager with a disability.

While making a documentary about autism, JJ learned that families and schools invest in preparing kids with disabilities to become productive citizens of our country. But when people with disabilities leave high school, they face enormous barriers to building productive futures. They have almost no access to the regular experiences of community living, work and fun that those of us without disabilities take for granted.

There are several reasons for this, but one of the most overlooked and unaddressed is a lack of day-to-day awareness by businesses and communities in receiving people with disabilities as a normal part of everyday life.

That's why JJ's List was started: to give all people touched by disabilities information about businesses that are committed to serving people with disabilities in a welcoming, flexible and respectful way so that they can become an integral and natural part of community life.

This website was designed, developed and tested by people with disabilities. We are a non-profit, 100% volunteer run organization.

Suggested Resources

• JJ's List - Where people with disabilities rate businesses and services http://www.jjslist.com/
• DBTAC: Mid-Atlantic ADA Center Hospitality Initiative http://www.adainfo.org/hospitality/#content

The Docket

WINSLEY, MARSALETTE v. COOK COUNTY

http://caselaw.findlaw.com/data2/circs/7th/082339p.pdf

The 7th Circuit Court of Appeals affirmed a lower district court's decision in an Americans with Disabilities Act (ADA) case. The case involved a woman working for the County of Cook in Illinois as a nurse. Following a traffic accident the woman reported she was no longer able to drive and her position required her to visit clients in their homes. Driving comprised approximately 20% of her job duties.

After taking leave on several occasions the woman quit her position with the County. She then filed a complaint with the Equal Employment Opportunity Commission and subsequently filed suit in the Northern District of Illinois. Her lawsuit included charges of violations of Title I of the ADA and Title I of the Civil Rights Act.

The Circuit Court wrote, "In an adverse employment action, district court's grant of summary judgment for defendant is affirmed where: 1) plaintiff did not establish a genuine issue of material fact as to whether she had a disability under the Americans with Disabilities Act since she produced no evidence indicating that her inability to drive disqualified her from a class or range of jobs; 2) plaintiff did not meet her burden of proof of establishing a Title VII racial discrimination claim under either the direct or indirect method; and 3) plaintiff's did not establish her retaliation claim under either the direct or indirect method." The Appeals Court also mentioned that the ADA Amendments Act became effective on January 1, 2009 but this case was a Pre-amendments Act case.

From the ADA Expert

Question: I am an architect working on a project for a large box store. The client wants the sidewalk running the entire width of the store to be flush with the adjoining vehicular area. Is a detectable warning required in front of the entire building?

Answer: Section 4.29.5 of the ADA standards for accessible design requires that detectable warnings be provided where an accessible route crosses or adjoins a hazardous vehicular way. Unless there is some barrier, such as a curb or railing, separating the accessible route and the vehicular way a detectable warning would be required. The detectable warning strip would need to be three feet wide and run the entire length of the accessible route where it adjoined the vehicular way.

For additional information contact the DBTAC - Great Lakes ADA Center by calling (800) 949-4232 (V/TTY) or email us via our online contact us form.

http://www.adagreatlakes.org/WebForms/ContactUs/

Suggested Resource

• ADA Standards for Accessible Design http://www.ada.gov/reg3a.html
• ADAAG Requirements for Detectable Warnings March 2003 http://www.access-board.gov/adaag/dws/update.htm
• Guide to ADAAG Provisions http://www.access-board.gov/adaag/about/guide.htm#Detectable

Look for the Chronicle to continue to provide the latest information from Federal agencies, upcoming events and other ADA related information in 2009. If you have questions regarding the Chronicle please contact Peter Berg at (312) 413-1407 (V/TTY) or via the online contact form.

http://www.adagreatlakes.org/WebForms/ContactUs/Default.asp?attention=Peter%20Berg