ADA HEADLINER - April-May 2012
Register Today for the 2012 National ADA Symposium
- Indianapolis, Indiana from May 30-June 1
SPOTLIGHT OF THE MONTH
Now is the time to update your training on the Americans with Disabilities Act!
The updated 2010 ADA Standards for Accessible Design and the Title II Regulations become fully effective on March 15, 2012. These updates, in conjunction with the Americans with Disabilities Act Amendments Act (ADAAA), directly affect all businesses, local governments, and covered employers. Now is the time to get training on these newest standards and regulations, and learn how the changes affect you, your business and your community.
Attend the 2012 National ADA Symposium - Indianapolis, Indiana from May 30-June 1
Visit ADAsymposium.org to learn more and to register today.
NEWS
National News
The U.S. Access Board will hold a public hearing and town hall meeting in Atlanta on May 8 at the Atlanta Hilton from 9:30 to 12:00. The hearing will allow members of the public to submit comments on accessibility standards the Board recently proposed for medical diagnostic equipment.
The U.S. Department of Justice’s new standards for the Americans with Disabilities Act go into effect on March 15. Fortunately, the new provisions allow for “safe harbor” for elements that were required under and comply with the old 1991 Standards for Accessible Design.
Source: Hotel News Now
The hotel industry has asked the DOJ's Civil Rights Division for clarification on the recent DOJ guidance on "fixed" pool lifts.
Source: Hotel Law
ATM operators have until March 15 to make the devices accessible to customers who are blind or visually impaired. But banks and analysts say many of the country's 409,000 cash machines are unlikely to be ready in time.
Source: Wall Street Journal
As of March 15, 2012, the self-storage industry will be required to follow the ADA regulations passed in 2010, unless a property already meets the original ADA standards written in 1991. Any renovations or development of new facilities must be designed to meet the new regulations.
Source: Inside Self Storage
Under a new program, grant funding has been awarded to for four states – Iowa, Oregon, Tennessee, and Washington – under the "Employment First" initiative. This effort helps facilitate the full inclusion of people with the most significant disabilities into the workplace and community.
Source: Office of Disability Employment Policy (ODEP)
Regional News Around the Southeast States
Southeast Region News
A North Carolina disability advocate shares his experiences during the National ADA Symposium in Orlando, Florida.
Source: StarNewsOnline.com (Blog), NC
Florida News
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Settlement Means Revamping Access to State Buildings
The Florida Capitol and dozens of downtown office buildings are in for a $1.1 million renovation of their accessibility fixtures under a court settlement enforcing provisions of the Americans with Disabilities Act.
Source: Tallahassee.com, FL
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Santa Rosa County, Florida, officials are in the process of upgrading one of its outdated courtrooms to make the courthouse more compliant with the Americans with Disabilities Act.
Source: The Northwest Florida Daily News, FL
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Getting a service dog changed Kyra Alejandro's life.
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The Palm Beach County school district is installing Assisted Listening Device systems featuring special earpieces that will work with each school's public address service.
Source: Sun Sentinel, FL
Georgia News
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On March 22, 2012 the Federal Emergency Management Agency (FEMA) held a Think Tank conference call and forum in Atlanta, Georgia to focus on strategies and approaches for incorporating and integrating disability related access and functional needs, issues and concerns into emergency management actions and activities. | Story: FEMA Think Tank for March 2012 Focuses on Disability Topics
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Mary Fernandez is a 2010 National Federation of the Blind (NFB) scholarship winner who comes from New Jersey and attends Emory University in Atlanta, Georgia.
Source: National Federation of the Blind (NFB)
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Meet Mr. Gibbs, a golden doodle trained to be a three-year-old Georgia girl's constant companion.
Source: MSNBC
- Georgia Radio Reading Service Produces “At Your Service” and “Be Prepared” Broadcast Archives
The Georgia Radio Reading Service (GaRRS) has produced two radio broadcasts — “At Your Service” and “Be Prepared” which are now available on the Georgia State ADA Coordinator website in both MP3 and Microsoft Word transcription formats. The broadcasts in the series are also available to download.
- Be Prepared Radio Broadcast - a short public service announcement program featuring emergency preparedness tips and information for individuals with disabilities.
- At Your Service Radio Broadcast - a 28-minute program featuring agencies that provide services and information for people with disabilities.
Sources: State of Georgia ADA Coordinator Office, Georgia Radio Reading Service (GaRRS)
Kentucky News
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Twelve innovative "First Mobility Vehicles" – or MV1s – are now part of the transit fleet serving people with disabilities in metro Louisville, Kentucky.
Source: WDRB, KY
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A service dog named Piper helps a Kentucky boy and his family live full and active life.
Source: Surfky.com, KY
North Carolina News
South Carolina News
Tennessee News
- American Association of People with Disabilities Says Tennessee Law Unfair
A representative for the American Association of People with Disabilities visited Frankfort, Kentucky, to complain that the state’s new voter identification law is unfair to persons with disabilities because it raises hurdles to their casting their ballots in person.
Source: The Tennesseean (blog), TN
- Board Adopts ADA Service Animal Policy
Dogs and horses could become part of everyday school life once the Sumner County Board of Education approves a new policy allowing service animals on campuses.
Source: The Tennessean, TN
- New Charter School Aims to Serve Special Needs Students
If the charter is approved by Metro Nashville [Tennessee] Public Schools, a new school will offer a job training program for high school students 17 to 22 years old.
Source: News Channel 5.com, TN
- Basketball Player Inspires Tennessee Team
David Andrews, who has Downs [Syndrome], plays for his freshman basketball team at Germantown High School outside of Memphis, Tennessee.
Source: ABC News
Public Comment, Input & NPRM
The Access Board is organizing an advisory committee to advance its development of new standards for medical diagnostic equipment and seeks applications from interested parties to serve as committee members.
Workforce Recruitment Program Seeks Subjects for "I Am the Workforce" Photo Project
The Workforce Recruitment Program (WRP) is seeking volunteers willing to have their pictures taken and share their employment success stories as part of WRP’s “I Am the Workforce” photo project. Target audience: Employers, Recruiters, Campus Coordinators, Students and Colleagues.
Source: Office of Disability Employment Policy (ODEP)
The Arc is officially launching the National Council of Self Advocates of The Arc (NCSA), and inviting individuals with intellectual and developmental disabilities across the country to join. This Council will give self-advocates the chance to support each other and provide learning opportunities as they grow as advocates in their community.
Technology Access Highlights
As Alliance partners, ODEP and ATIA will promote effective policies and practices regarding assistive technology and information and communications technology accessibility to advance the employment of people with disabilities. Visit the ATIA website.
Sources: Office of Disability Employment Policy (ODEP) and ATIA.org
Peter Blanck, chairman of the Burton Blatt Institute (BBI) at Syracuse University, has written a paper about web accessibility for people with cognitive disabilities. Towards a Right under the ADA to Web Access for People with Cognitive Disabilities (PDF 6 pages, 138 KB)
Source: Great Lakes ADA Center
This website contains information about assistive technology innovations and practices across the United States and around the world. The site includes "John Williams' AT Tech News Blog." Williams is a journalist with disabilities who has been writing about assistive technology for over 30 years.
The assistive technology device Light Operated Mouse and Keyboard (LOMAK) is part of the permanent collection at the Museum of Modern Art (MoMA) in New York City. Watch demonstration: YouTube video (captioned, 2:00) Lomak Laser Keyboard
Source: Office of Disability Employment Policy (ODEP)
The report provides eight action steps to help employers (including government contractors) design, purchase, lease, maintain and use Information and Communication Technology (ICT) that is accessible to and usable by people with disabilities and others. Download: ODEP Report- Framework for Designing and Implementing Accessible Technology Strategic Plans [PDF, 71 pages].
Source: Office of Disability Employment Policy (ODEP)
The job accommodation process under the Americans with Disabilities Act can often be resolved by an inexpensive app for an iPhone or other device.
Source: HR Daily Advisor
The connection between adults with autism and computer programming has become the basis of a unique nonprofit technology company in Texas.
Source: Computerworld.com
Bespoke Innovations designs artful coverings around prosthetic legs to make them unique and express individuality. (Story video is not captioned.)
Source: CNN (blog)
The Smith Center in Las Vegas wants to be a model of a fully accessible performing arts facility.
Source: Las Vegas Review Journal, NV
Many people with disabilities find that driving enables them to keep their independence and offers more opportunities for employment and participation in their communities. The National Highway Traffic Safety Administration offers information on adapting motor vehicles for people with disabilities.
Source: Disability.gov
Business Connection
Understanding reasonable accommodations and the interactive process
Source: Business West
This Center offers resources for blind and visually impaired entrepreneurs and business owners. Resources include: Discussion Group for blind and visually impaired entrepreneurs and business owners; MYOB (Minding Your Own Business) online business seminar series; Business Directory - list of businessess owned or operated by visually impaired individuals around the world that provides networking opportunities and free advertising.
Source: http://www.hadley.edu
People with disabilities are one of the most underutilized employment resources.
Source: StandardNet
Not every injury causes a disabling condition that qualifies for ADA protection.
Source: Business Management Daily
Employers should know to avoid questions on their job applications about applicants’ disabilities or medical procedures.
Source: Business Management Daily
Not every medical problem is a disability that requires accommodation. Employees aren’t disabled unless their condition substantially limits a major life function.
Source: Business Management Daily
Source: Business Management Daily
Effectively communicating with all guests is crucial to providing a quality experience. A well-trained staff able to implement various devices, handle front-desk interactions with guests
and ensure the hotel is being compliant with ADA standards is very important.
Source: Hotel News Now
Jobs Board Available to WRP Students and Federal Employers
A new feature of the Workforce Recruitment Program (WRP) allows federal employers to post internship and job openings and WRP students to view the openings as part of their search for temporary or permanent employment.
Federal employers — post a job |
WRP students — visit the federal jobs board
Source: Workforce Recruitment Program
This series of videos addresses various topics that will help all young people with disabilities navigate the job search process. The videos feature young professionals that either have disabilities themselves or work with college students with disabilities.
Source: Workforce Recruitment Program
USBLN “I Am, I Can, I Do” National Public Education Campaign: First Public Service Announcement (PSA) Now Available Online
The U.S. Business Leadership Network (USBLN) has launched their national public education campaign titled, “I Am, I Can, I Do.” The campaign includes a series of 30 and 60 second Public Service Announcements (PSAs) showcasing people with disabilities who 'Do!' when they aspire to their dream careers.
Press release: DOC: USBLN 'I Am, I Can, I Do' Campaign | PDF: USBLN 'I Am, I Can, I Do' Campaign |
PSA: 'I Am, I Can, I Do' [You Tube, captioned] from the USBLN
Monthly newsletter from the Office of Disability Employment Policy (ODEP), U.S. Department of Labor.
Source: Office of Disability Employment Policy (ODEP)
ODEP's apprenticeship initiative aims to provide integrated inclusive apprenticeship training to youth and young adults with a full range of disabilities, including those with the most significant disabilities, and to utilize the increased flexibilities detailed in DOL's newly released apprenticeship regulations.
Source: Office of Disability Employment Policy (ODEP)
Focuses on the importance of soft skills in the workplace. Resource: Skills to Pay the Bills (English) | (en Español)
Sources: Society for Human Resource Management (SHRM), ODEP
DOL's Elaws Advisors are interactive e-tools that provide easy-to-understand information about a number of federal employment laws.
Job Accommodation Network (JAN) discusses employing people with disabilities.
A four-part webinar series focused on leading practices, practical methods, experience, and success for promoting the inclusion of people with disabilities in the workplace.
Supported by: The Burton Blatt Institute (BBI) - Southeast in partnership with: ADA National Network; American Association of Peoples with Disabilities (AAPD); Council of State Administrators of Vocational Rehabilitation – National Employment Team (CSAVR-NET); and US Business Leadership Network (USBLN®).
Web: ADAsoutheast.org/webinars/archives.php
This webinar presented by the ADA National Network on November 15, 2011 discussed how to provide effective communication for businesses. PowerPoint slides, resources, and an audio transcript are archived and PDF, Text and audio files are available.
Archives of recent webinars available online from Employer Assistance and Resource Network (EARN) include: Tour of EARN Services; Workforce Recruitment Program: Tapping the Talent of Students and Graduates with Disabilities.
Source: Employer Assistance and Resource Network (EARN)
Presented by the Great Lakes ADA Center and the University of Illinois at Chicago, this free, online workshop provides an enhanced understanding of people with cognitive disabilities and provides tools that can be applied in the workplace when addressing accommodations for people with cognitive disabilities.
Sources: Great Lakes ADA Center and the University of Illinois at Chicago
An illustrated guide to help small businesses understand the new and updated requirements of the revised ADA regulations. (Updated March 16, 2011)
Source: Department of Justice
Web: askjan.org/webcast/index.htm
Explore the skills, habits, and knowledge required by staff to serve a diverse range of businesses and career seekers, especially persons with disabilities. The archive of
this webinar, including recording, Microsoft Powerpoint, and transcript, are available from NTAR Webinars webpage.
Web: ntarcenter.org/content/webinars
Military & Veterans with Disabilities
This National Resource Directory provides access to services and resources at the national, state and local levels that support recovery, rehabilitation and community reintegration for military service members and veterans. The Transportation & Travel section provides information on military travel pay, free transportation, modifying personal vehicles to accommodate a disability, and off-duty travel resources. Locate Resources in Your State.
The Wounded Warrior Home Project is an inventive approach to military housing, serving the needs of wounded soldiers and their families as they continue to serve on active duty at Fort Belvoir, Virginia. (Audio story and photos available.)
Source: National Public Radio (NPR)
Hospitality & the ADA
The American Hotel & Lodging Educational Institute (EI) has created a new video training program, Enabling Independence: Service for Guests with Disabilities, to show employees how to confidently and respectfully deliver great service to guests with disabilities. The 33-minute DVD training program provides information on new ADA Title III non-discrimination requirements that went into effect in March 2011.
Source: Hospitality Net
The American Hotel & Lodging Association (AH&LA) has compiled a Top Five list to let hoteliers know about the new 2010 ADA Title III regulations.
Transportation and the ADA
The Accessible Transportation Coalitions Initiative is a systems-change model designed to improve accessible transportation options for people with disabilities. Selected communities receive on-site facilitation and targeted technical assistance during a two-day event to learn the ATCI model and develop an accessible transportation plan. St. Lucie County, Florida, has been selected as a 2012 ATCI community.
Easter Seals Project Action (ESPA) has created a new section on its website that will provide answers to popular transportation questions.
Source: Easter Seals Project Action (ESPA)
The Federal Transit Administration (FTA) announces the availability of technical assistance on transportation to transit agencies, riders, and advocates — download Topic Guides on ADA Transportation that brings together the requirements of the Americans with Disabilities Act and the U.S. Department of Transportation's ADA regulations, FTA determinations, and operational practices that comply with the ADA. Each Topic Guide is available as a webpage (HTML), a PDF file, and a plain Text file - Topics include:
- Equipment Maintenance
- Stop Announcement and Route Identification
- Eligibility for ADA Paratransit
- Telephone Hold Time in ADA Paratransit
- Origin to Destination Service in ADA Paratransit
- On-Time Performance in ADA Paratransit
- No-Shows in ADA Paratransit
The Topic Guides are funded by the FTA and developed by the Disability Rights Education & Defense Fund (DREDF) and TranSystems Corporation.
Source: Disability Rights Education & Defense Fund (DREDF)
dredf.org/ADAtg/index.shtml
The ADA National Network held a seven-session webinar series covering the "Topic Guides on ADA Transportation," which bring together the requirements of the Americans with Disabilities Act (ADA) and the Department of Transportation (DOT) ADA regulations, Federal Transit Administration (FTA) determinations, and best operational practices for ADA compliance, as well as draw information from many other sources.
The webinar series is coordinated by Great Lakes ADA Center and Southwest ADA Center in collaboration with Project Action and DREDF.
Web: ADAconferences.org/Transportation/Archives/
ADA & Disability Solutions for Every Audience
Did You Know? The Southeast ADA Center website makes it easier to find ADA Tools & Solutions – Choose the category that best fits who you are or the information you are trying to find. If you need more help, please contact our staff at 1-800-949-4232 [voice/tty] or e-mail ADAsoutheast@law.syr.edu.
LEGAL UPDATES & CASE LAW
Information to Help You Understand New ADA Regulations
On Thursday, March 15, 2012, Attorney General Eric Holder signed a final rule extending the date for compliance with sections 242 and 1009 of the 2010 Americans with Disabilities Act (ADA) Standards for Accessible Design as it relates to the provision of accessible entry and exit to existing swimming pools, wading pools, and spas.
This new Department of Justice document is designed to help Title II and Title III entities understand how new requirements for swimming pools, especially existing pools, apply to them.
This new checklist is based on the 2010 ADA Standards for Accessible Design. It updates the original ADA Checklist for Readily Achievable Barrier Removal (revised 1995), which was based on the 1991 ADA Standards for Accessible Design. Businesses and non-profit organizations removing barriers before March 15, 2012 have the choice of using either the 1991 Standards or the 2010 Standards. Businesses and non-profit organizations removing barriers on or after March 15, 2012 must use the 2010 Standards. 83 pages
Department of Justice Publications Concerning the 2010 ADA Regulations
- What titles of the ADA are covered by the revised ADA regulations?
- What are some of the key changes in the revised ADA regulations?
The Southeast ADA Center, one of ten regional resources in the ADA National Network, has put together this summary of key changes about the revised and expanded regulations implementing the Americans with Disabilities Act (ADA).
This document contains the following: (1) supplementary information (the preamble to the revised regulation); (2) the Title II regulation updated to reflect the 2010 revisions and the technical corrections (published March 11, 2011) which became effective on March 15, 2011; (3) guidance on the revised regulatory provisions; and (4) guidance on the original 1991 Title II regulation.
This document contains the following: (1) supplementary information (the preamble to the revised regulation); (2) the Title III regulation updated to reflect the 2010 revisions and the technical corrections (published March 11, 2011) which became effective on March 15, 2011; (3) guidance on the revised regulatory provisions; and (4) guidance on the original 1991 Title III regulation.
Compliance with the 2010 Standards for Accessible Design is permitted as of September 15, 2010, but not required until March 15, 2012.
The U.S. Equal Employment Opportunity Commission's (EEOC) final regulations to implement the ADA Amendments Act (ADAAA) are now available. The Commission has released two Question-and-Answer documents about the regulations to aid the public and employers – including small business – in understanding the law and new regulations. The ADAAA regulations, accompanying Question and Answer documents and a fact sheet are available on the EEOC website.
A new technical assistance document, entitled, “ADA 2010 Revised Requirements: Effective Date, Compliance Date | PDF file - ADA 2010 Revised Requirements has been posted on the Department of Justice ADA Home Page.
Legal & Enforcement Updates: Disability-Related
The U.S. Equal Employment Opportunity Commission (EEOC) announced a victory in one of its first disability discrimination lawsuits taken to trial concerning bipolar disorder.
Resources for Human Development, Inc. (RHD), doing business as Family House of Louisiana, a treatment facility for chemically dependent women and their children, will pay $125,000 to settle a disability discrimination suit filed in September 2010 by the U.S. Equal Employment Opportunity Commission (EEOC).
The EEOC has filed suit against Miami [Florida]-based Vitas Healthcare alleging it violated the ADA when it made a disabled employee compete for a vacant position. The case raises a critical question that could carry it all the way to the Supreme Court.
Source: Business Management Daily
Medical information voluntarily disclosed to an employer and subsequently disseminated by a supervisor to other employees does not trigger the nondisclosure provisions of the ADA because the information was not derived through the employer's inquiry into the employee's ability to perform his job duties, ruled a federal district court in Kentucky (Shannon Brent Ctrs v Hitachi Auto Sys Ams, Inc, ED Ky, February 24, 2012).
Halpern alleged that his dismissal from medical school for unprofessional behavior violated the Rehabilitation Act of 1973, and the Americans with Disabilities Act (ADA). [4th Circuit Court of Appeals - decided Feb. 28, 2012)
Source: Leagle.com
Branscomb argues that the district court erred in granting the Navy's motion for summary judgment as to (1) his disability discrimination claims brought under the ADA and the Rehabilitation Act, (2) his claims of retaliation, in violation of the Rehabilitation Act, and (3) his claims brought pursuant to Title VII. [11th Circuit Court of Appeals - March 13, 2012]
Source: Leagle.com
Hodge, a federal prisoner, appeals the summary judgment against his claims that a prison physician, acted with deliberate indifference to Hodge's pain in violation of his civil rights, and that officials of the Florida Department of Corrections violated the ADA by delaying and denying Hodge access to medical services. [11th Circuit Court of Appeals - March 6, 2012]
Source: Leagle.com
According to the court, the ADA allows an employer to require that employees report prescription drugs if it is job-related and consistent with business necessity. (Parsons v. First Quality Retail Services, LLC, No. 5:10-CV-145 (CAR) (M.D. Ga. 01/20/12))
Recent Settlement Agreements Reached
The Justice Department announced it has reached a settlement with the Mountain Valley, Pennsylvania, Midget Football League to ensure that children with disabilities are offered an equal opportunity to play youth football.
Source: 7thSpace Interactive (press release)
Florida State University and two students who are blind have resolved a lawsuit brought by the students with the assistance of the National Federation of the Blind.
The Justice Department entered an agreement with Shanghai Cottage at Fairhope, Inc. regarding modification of policies, practices, and procedures to permit the use of a service animal by an individual with a disability in an Alabama restaurant. (DJ# 202-3-18)
Recent Charges and Lawsuits Filed
The Department of Justice is investigating a complaint filed by the Southern Poverty Law Center against the Georgia Department of Education.
Golden LivingCenter discriminated against a Charlotte, North Carolina employee with a disability and then unlawfully fired her, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit.
Company Fired Employee Because of Back and Leg Problems, Federal Agency Charged
The United States has filed a complaint against AT&T Corporation under the False Claims Act for conduct related to its provision of Internet Protocol (IP) Relay services for persons who are deaf and hard-of-hearing, the Justice Department announced. The government alleges AT&T improperly billed the FCC for reimbursement.
The U.S. Department of Housing and Urban Development (HUD) announced that it is charging Bank of America with discriminating against homebuyers with disabilities. Bank of America allegedly applied discriminatory lending requirements for borrowers with disabilities. HUD, and Charging Party, v. Bank of America (PDF 10 Pages, 896 KB)
A blind woman who uses a guide dog, and her fiancée, filed a federal civil rights complaint in the U.S. District Court in Los Angeles, including class action allegations that McDonald’s Corporation fails to adequately train employees regarding the rights of people with disabilities using service animals.
Source: PR Web
Case Law - Legal Briefs and Resources
ADA Case Law - Legal Briefs
from the Southeast ADA Center and BBI - Syracuse University
- Hosanna-Tabor v. EEOC (Jan. 12, 2012)
Keyword: Ministerial Exception
- White v. Interstate Distributor Company
Keywords: Essential Job Functions, Modified or Accommodated Positions
- AAPD v. Harris
Keywords: Voting, Effective Communication, Program Access
- MacDonald v. United Parcel Service
Keywords: Definition of Disability, Major Life Activity, Substantially Limited
- Picard v. St. Tammany Parish Hospital
Keywords: Definition of Disability, Interactive Process
- Harrison v. Benchmark Electronics Huntsville, Inc.
Keywords:Medical or Disability-Related Inquiry
- Carmona v. Southwest Airlines Company
Keywords: Discrimination, Definition of Disability, Qualified Individual
- EEOC v. Hosanna-Tabor Evangelical Lutheran Church and School
Keywords: Retaliation, Discrimination
- Soliday v. 7-Eleven, Inc.
Keywords: Employment, Legal Concepts
Search ADA Case Law by Topic, Court, and/or Audience and get additional Legal Resources.
Complete the Survey on Legal Briefs from the BBI Legal Team and Southeast ADA Center to help improve the quality and usefulness of our published legal briefs.
Web: ADAsoutheast.org/legalissues.php
The biweekly e-Newsletter is a free publication (subscription required) that summarizes the most current information available about disability law and policy, including events, press releases, court decisions, reports, and academic and news articles.
Source: Law, Health Policy & Disability Center
Web: ADAportal.org
Olmstead Decision News
The Secretary for Health & Human Services pledges to honor the Obama Administration’s commitment to promoting and enforcing the right of individuals with disabilities to choose to live in their own communities.
Source: U.S. Department of Health & Human Services
An attorney for the City of Springfield [Georgia] told Volunteers of America that the city hasn’t violated the Fair Housing Act or the Americans with Disabilities Act by denying the group a variance to open a second home for adults with mental illness in the city.
Source: Savannah Now, GA
The continued placement of mentally ill residents in Kentucky's personal care homes is a violation of federal disability laws, a watchdog state agency said.
Source: Lexington Herald Leader, KY
The state of Florida needlessly and illegally warehouses about 250 severely sick and disabled children in nursing homes rather than pay to help them live at home, families said in a federal lawsuit filed this week.
Source: Sun Sentinel, FL
Florida keeps medically fragile children in nursing homes designed for the elderly.
Source: Miami Herald, FL
The Department of Justice has created this technical assistance guide to assist individuals in understanding their rights under Title II of the ADA and its integration mandate, and to assist state and local governments in complying with the ADA.
A new website from the U.S. Department of Justice dedicated to enforcement of the Supreme Court Decision in Olmstead v. L.C. (1999).
This new technical assistance guide is created to assist individuals in understanding their rights and public entities in understanding their obligations under the ADA and Olmstead.(NEW June 22, 2011)
President Obama talks about the 12th anniversary of the Olmstead court decision.
Sue Jamieson is an attorney with the Atlanta Legal Aid Society, Mental Health and Disability Rights Unit. She was the lead attorney in the Supreme Court decision of Olmstead v. L.C. Twelve years later, Sue writes about this historic decision in the White House blog.
TRAINING EVENTS & TOOLS
UPCOMING Webinars, Webcasts & Audio Conferences
The Access Board and ADA National Network partner to conduct this webinar series – Learn about the work of the Access Board, its guidelines and standards, and accessible design through monthly webinars and audio conferences, which also provide an opportunity to earn continuing education credits (CEUs).
Contact for more information:
ADA National Network - Great Lakes ADA Center
Phone: (877) 232-1990 [voice/tty] •
Email: gldbtac@uic.edu
Source: AccessibilityOnline.org
The Department of Justice is announcing free webinars that will provide information and technical assistance addressing the accessible pool entry requirements of the revised 2010 ADA Regulations and the 2010 Standards as they relate to existing pools. The first webinar will address the pool access provisions as they apply to the existing pools of public accommodations subject to title III of the ADA. The second webinar will address how the pool access provisions apply to the existing pools of state and local governmental entities subject to title II of the ADA.
Contact for more information:
ADA National Network - Great Lakes ADA Center
Phone: (877) 232-1990 [voice/tty] •
Email: gldbtac@uic.edu
Source: AccessibilityOnline.org
Each session is 90 minutes and held from 2:00-3:30 p.m. (Eastern). All sessions will have a written transcript as well as a digital recording of the session archived on this site. The program is available in three formats:
– Teleconference, Streaming Audio via Internet, Real-time Captioning via Internet.
Contact for more information:
ADA National Network - Great Lakes ADA Center
Phone: (312) 996-1174 [voice/tty] • Email: gldbtac@uic.edu
Source: ADA-audio.org
These webinars will focus on key concepts, strategies and instructional technology that may be used to develop course materials that are universally designed. Universally designed course materials often provide benefits on multiple levels, including accessibility, content retention, varied learning styles, as well as platform and device independent delivery.
All sessions are scheduled on 3rd Thursday of the month from October 20, 2011 through May 17, 2012.
Web: ADAconferences.org/IBHE/
JAN Webcasts are available at no cost. All Webcasts begin at 2:00 pm eastern and are 1 hour. You must register to attend. One registration is equivalent to one login. All registrations are processed on a first come first served basis. Topics include: disability etiquette, assistive technology, management techniques, and the latest on accommodations and the employment provisions of the Americans with Disabilities Act (ADA).
Web: askjan.org/webcast/index.htm
Each session is 90 minutes and held from 2:00-3:30 p.m.(Eastern). All sessions utilize an online conferencing system.
Web: ADA-audio.org/Webinar/ADALegal
A free online webinar series that explores some of the latest technological trends and their accessibility for people with disabilities. Each session is 60 minutes and held from 2:00-3:00 p.m. (Eastern).
Web: ADA-audio.org/Webinar/AccessibleTechnology
Courses & Tutorials Online/Web-based
BBI has produced two webinars designed to provide employers with resources on incorporating people with disabilities into the workplace.
Inclusive Culture and the Workplace |
Employees with Disabilities: Recruitment, Hiring and Training
Workforce Recruitment Program (WRP) Webinar
A nationwide webinar co-produced by the Departments of Labor and Defense highlighted the Workforce Recruitment Program for College Students with Disabilities. The webinar, "Talent Has No Boundaries," reached more than 800 federal officials and was hosted as part of Executive Order 13548, which calls for increasing federal employment of individuals with disabilities. Presentation materials from the webinar are available online.
The Office of Personnel Management, in partnership with the Computer/Electronic Accommodations Program (CAP) and the USDA TARGET Center, has developed this webinar series to assist agencies in implementing Executive Order 13548. Joint Memorandum Outlining Resources for Implementing Executive Order 13548 [PDF, 3 pages]
Training Modules Available:
- Introduction to Reasonable Accommodations
- Who Is Responsible?: Disability Program Manager and Selective Placement Program Coordinator Responsibilities
Web: www.dm.usda.gov/oo/target/eotraining/
If you are a member of this program, don't forget to check the ADA Coordinators' Training Sources to find opportunities that meet your credit requirements for program completion.
If you are not a member of the program, you can still benefit from the training opportunities listed on the website.
Source: University of Missouri School of Health Professions Disability Studies and Policy Center and the Great Plains ADA Center
The Job Accommodation Network (JAN) announces the first two in a series of fully-accessible training modules. The Modules and supporting documents are in JAN's Multimedia Training Library.
- JAN's Interactive Process
This 23-minute training module, transcript and handout provides a sample step-by-step process that employers can use to help them successfully accommodate applicants or employees.
- JAN's Understanding and Applying the Americans with Disabilities Act Amendments Act and Its Regulations
This 43-minute video provides you with information on the ADA Amendments Act (ADAAA) and uses real-life examples from the Job Accommodation Network case study library.
Web: askjan.org/training/library.htm
$FREE Webcourses and CEU/CRCC credit offered by ADA National Network
Web: ADAsoutheast.org/training/courses.php
Produced by the New England ADA Center, this free, self-paced web course (available 24/7) provides an overview of disability rights laws. The course takes approximately two hours and includes real life scenarios, quizzes and a final exam.
Web: DisabilityRightsCourse.org
Cost: Free (Registration required).
Presented by the Great Lakes ADA Center and the University of Illinois at Chicago, this online workshop provides an enhanced understanding of people with cognitive disabilities, makes sense of the ADA and legal responsibilities related to people with cognitive disabilities, and provides tools that can be applied in the workplace when addressing accommodations for people with cognitive disabilities.
Web: ADAgreatlakes.org/Presentations/CognitiveDisabilities/slides.asp
An online course developed by the U.S. Department of Justice that explains how the ADA applies to businesses. Putting these lessons into practice will allow you to comply with the ADA and welcome a whole new group of customers to purchase your goods, products, and services.
Web: ADA.gov/reachingout/intro1.htm
Want More Training?
Check out Training & Events Calendar for the most current ADA and disability-related events in the Southeast Region and across the United States.
The American Association of People with Disabilities (AAPD) has launched a Public Service Announcement (PSA) in its new campaign to stop the bullying of students with disabilities in schools. Watch the anti-bullying PSA “30 Seconds” [YouTube video] at http://www.youtube.com/watch?v=m-1yVFH3gn8&feature=player_embedded
Source: American Association of People with Disabilities (AAPD)
Policies in Practice Profile: Matthew Staton Discusses His Workplace Accommodations
The Department of Defense Computer/Electronic Accommodations Program (CAP) interviewed Matthew Staton, a veteran with a disability, about the workplace accommodations provided by CAP [YouTube, captioned, 3:46 min.] | Visit CAPTEC - CAP You Tube videos [captioned] (22 captioned videos)
The Campaign for Disability Employment launches a Spanish micro website (¿Usted que puede hacer?) and the "Yo Puedo" Public Service Announcement (PSA). Find disability employment related resources in Spanish and watch the "I Can" PSA - "Yo Puedo" - in Spanish. The video (TV) and radio PSAs are available in English and Spanish. Download broadcast quality PSAs for What Can You Do? Campaign.
Web: www.ustedquepuedehacer.org; www.plowsharegroup.com/media_downloads/cde.php
Share these PSAs from the ADA National Network - the leaders in providing information, guidance and training on the Americans with Disabilities Act (ADA).
- I Am – ADA Public Service Announcement #1
- You're Hired – ADA Public Service Announcement #2
- Where's Brett? – ADA Public Service Announcement #3
- Service Animals Are Welcome – ADA Public Service Announcement #4
- Good Morning Class – ADA Public Service Announcement #5
- Day in Student Life – ADA Public Service Announcement #6
Web: www.youtube.com/watch?v=MrukJTUmc_A
This 17-minute video for employers uses a question-and-answer format to explain the ADA in common sense terms and refute unfounded misconceptions and fears that many employers may have about hiring people with disabilities. The new video and other ADA accessible streaming videos are available at the ADA Video Gallery.
The Disability Law Lowdown (DLL) project of the ADA National Network has posted a podcast about self-advocacy for high school students with disabilities. Jacquie Brennan discusses a new information sheet published by the Pacer Center (pacer.org) that provides valuable information for high school students about how to plan for their future by taking an active role in IEP meetings and transition planning, whether the transition is to employment, post-secondary education, or independent living. It is important that students learn to advocate for themselves so that goals are set and plans are made that include their own desires and needs.
The Disability Law Lowdown Podcasts are back online with new host, Lex Frieden, from the Southwest ADA Center (ILRU). Topics will include talking about the international aspect of disability and disability rights, and the new regulations from the Department of Justice and the Access Board.
The DLL is a project of ADA National Network that is a free podcast series available to download in English, Spanish (Español), and American Sign Language (ASL) and covers a wide variety of disability-related topics. Each podcast is archived, including show notes and a full text transcript. To subscribe or listen to podcasts, visit Podcast Series: DisabilityLawLowdown.com.
Past topics in the Disability Law Lowdown Podcasts Series include:
- New Employment Guidance from the EEOC (June 15, 2011) (English)
- New Regulations for Titles II and III of the ADA (English)
- Service Animals (program in three parts) (English)
- Genetics Information Non-Discrimination Act (GINA) (English)
- Filing Closed Captioning Complaints - Part 1 (ASL)
- Air Carrier Access Act (ACAA) and Service Animals (ASL)
- El Titulo numero 2 del ADA (Spanish/Español)
- La Verdad sobre la ley de Discapacidad (Spanish/Español)
Source: DisabilityLawLowdown.com
Bi-weekly videos on disability law delivered with American Sign Language (ASL), captioning, voice-over, and transcripts. Subscribe via web or iTunes.
Web: ASL.DisabilityLawLowdown.com
College students with disabilities share strategies they use to succeed in staying in school, graduate and land jobs. Use these closed-captioned videos as part of a training (each video is 7-9 minutes) and share them with other students and professionals. Watch the videos online at the New England ADA Center website or request a DVD via email adainfo@newenglandada.org.
Web: adaptiveenvironments.org/neada/site/student_videos
On-Site Training Events
Register Today for the 2012 National ADA Symposium
Now is the time to update your training on the Americans with Disabilities Act!
The updated 2010 ADA Standards for Accessible Design and the Title II Regulations become fully effective on March 15, 2012. These updates, in conjunction with the Americans with Disabilities Act Amendments Act (ADAAA), directly affect all businesses, local governments, and covered employers. Now is the time to get training on these newest standards and regulations, and learn how the changes affect you, your business and your community.
Attend the 2012 National ADA Symposium:- Indianapolis, Indiana from May 30-June 1
Visit ADAsymposium.org to learn more and to register today.
This new resource give Federal Employers information and tools that can assist them in learning more about disability employment and to make the recruitment, hiring and retaining process of WRP candidates an easy and mutually beneficial experience.
Source: Office of Disability Employment Policy (ODEP)
Search a wealth of ADA training materials, including case studies, courses, handouts, case law updates, statistics, quotes, and solutions for specific audiences.
Web: ADAcourse.org
A publication from the Department of Justice, includes the latest chapter on: Emergency Management for State and Local Governments.
Web: ADA.gov/pcatoolkit/toolkitmain.htm
The Campaign for Disability Employment, a collaborative of leading disability and business organizations funded by ODEP, recently unveiled a series of new products designed to promote the hiring, retention and advancement of people with disabilities and dispel negative stereotypes about disability and employment. The new products include posters and discussion guides to accompany the Campaign's “I Can” public service announcement (PSA). The discussion guides and posters, as well as other outreach tools, can be ordered free of charge on the Campaign's website.
Source: Office of Disability Employment Policy (ODEP)
PUBLICATIONS
New Publications
Building an Inclusive Workforce: A Four-Step Reference Guide to Recruiting, Hiring and Retaining Employees with Disabilities
This desktop flip guide is now available for download from ODEP's website.
Source: http://promotions.usa.gov/odep.html
This Job Accommodation Network (JAN) fact sheet provides links and resources related to job accommodations and the Americans with Disabilities Act for small businesses.
EEOC Issues Revised Publications on Employment of Veterans with Disabilities
The revised guides reflect changes to the law stemming from the ADA Amendments Act of 2008.
Source: U.S. Equal Employment Opportunity Commission (EEOC)
This fact sheet highlights issues Veterans should keep in mind as they re-enter the workforce, including if and when to tell an employer about a disability, requesting workplace accommodations and how work may affect disability benefits payments.
Source: Northeast ADA Center
New resources have been added to ODEP's Integrated Employment Toolkit, including original photographs of workers who represent Integrated Employment success stories.
Source: ODEP
A collection of career development exercises and activities designed to help sharpen the communication and other "soft" skills of young workers (ages 14-21), including those with disabilities. The skills addressed include communication, networking, enthusiasm and attitude, teamwork, problem-solving, critical thinking and professionalism. Available for download in English or Spanish.
Source: ODEP
Employer Resources, developed by the Burton Blatt Institute (BBI) at Syracuse University under its Employer Demand Project, are now available online. The Employer Demand briefs and toolkit are designed to provide employers with resources on incorporating people with disabilities into the workplace and improving employment outcomes for all workers.
The Schedule A hiring fact sheet can help youth and young adults with disabilities who are seeking a job with the federal government.
Source: ODEP
Leading Practices on Disability Inclusion
The U.S. Business Leadership Network (USBLN) released these booklets with the U.S. Chamber of Commerce which highlights 20 real-life, successful corporate strategies that can be used by businesses of all sizes to create a more inclusive workplace, marketplace, and supply chain.
The WRP is a recruitment and referral program that connects federal and private sector employers nationwide with highly motivated postsecondary students and recent graduates with disabilities who are eager to prove their abilities in the workplace through summer or permanent jobs. The program is co-sponsored by the U.S. Department of Labor's Office of Disability Employment Policy (ODEP) and the U.S. Department of Defense with the participation of many other federal agencies and sub-agencies.
Newsletters Links
Source: Office of Disability Employment Policy (ODEP)
A bi-monthly newsletter from the U.S. Access Board is now available in HTML format.
The JAN E-News is a quarterly online newsletter of the Job Accommodation Network (JAN).
IS Election Connection is the newsletter formerly known as HAVAccess. IS Elections is the new name for the website of information on accessible voting, polling place access, and other disability access requirements under the Help America Vote Act (HAVA).
The Great Lakes ADA Center is part of the ADA National Network. The April - June 2012 issue is now posted.
Stay up to date on everything happening at Easter Seals Project ACTION (ESPA) by subscribing to the monthly electronic newsletter called Extra. Information on new products, services, training opportunities, facts and reports to help those creating and improving accessible transportation for people with disabilities. To be added to the mailing list, sign up online at www.projectaction.org. Or call ESPA at (800) 659-6428.
The biweekly Disability Law & Policy e-Newsletter is a free publication that summarizes the most current information available about disability law and policy, including events, press releases, court decisions, reports, and academic and news articles. Subscription required.
Source: Law, Health Policy & Disability Center
For more publications:
Publication Lists, and Newsletters.
Articles of Interest
President Obama uses sign language to respond to a deaf student at Prince George's Community College. Story includes video without captions.
Source: Yahoo News
A mom in Texas was stunned when school officials insisted that her 5-year-old daughter switch to a wheelchair from the walker she’d been using for the previous two years. Story includes video without captions.
Sources: Today.com, MSNBC.com
Story includes video with no captions
Source: Yahoo Sports.com
Though adaptive sports have existed for years, they are expanding as people with disabilities participate at the recreational and professional levels.
Source: Chicago Tribune
An insurance company cannot charge someone with a disability more for a policy. They have to prove the disability can cause this person to become a higher risk for accidents.
Source: ADI News
Source: Washington Post
RESOURCES
Bookmark for Future Reference
Mobility Map is a web-based tool that helps consumers find wheelchairs and other mobility equipment that meets their specific needs. It also offers tips on identifying your “wheelchair team” such as physicians and medical equipment suppliers, how to obtain a wheelchair evaluation, and where to find funding.
Source: Users First
The Ready Campaign has partnered with several national organizations to develop emergency preparedness information for older Americans and people with disabilities.
UCP Relaunches Brave Kids Website
Brave Kids is an online resource for families of children and teens with disabilities. The website includes the latest medical information, ways technology is enhancing the lives of kids and families, and a secure online community where users can chat with others.
Source: United Cerebral Palsy (UCP)
The Workforce Recruitment Program database of over 2600 qualified college students with disabilities is a key resource for both federal managers responding to President Obama's Executive Order 13548 and for private sector employers seeking to diversify the pool of candidates for their summer and permanent positions.
The Transportation Security Administration (TSA) recently announced the launch of TSA Cares, a toll-free helpline (1-855-787-2227) to answer questions travelers with disabilities and medical conditions may have before arriving at the airport.
As part of student engagement initiative from Easter Seals Project Action, the new Accessible Transportation for Students Online Community allows students, their families, educators, human service providers, and transit professionals to learn from each other.
The New York (NY) Disabilities Film Festival is the largest festival in the country dedicated to promoting awareness and appreciation of the lives, stories and artistic expressions of people with different disabilities. Initiated in 2007, the festival presents award winning films by and about people with disabilities in multiple locations throughout each hosting city.This year, ReelAbilities will hold film festivals in Atlanta, Boston, Chicago, Cincinnati, Washington DC, New York, Philadelphia, and Richmond. Atlanta ReelAbilities – dates to be announced.
Various resource lists are available in Word and Text formats from the Southeast ADA Center. Topics of interest, include: Employment-Related and ADA Definitions, Federal Employment and Disability, ADA Amendments Act (ADAAA), the Olmstead Decision, Voting Rights, Arts Facilities & Museums and more.
Quotes
“The state, counties and federal government have spent a lot of money making polling places accessible. Voting is an amazing experience and it is wrong — wrong — and it is mean-spirited to place a photo ID barrier between a citizen with a disability and a voting booth.”
— Jim Dickson, Vice President of Organizing and Civic Engagement for the American Association of People with Disabilities, quoted in The Tennessean article: Tennessee Voter ID Law Will Create Barriers for People with Disabilities.
Find these and more Notable Quotes for use in your speeches and presentations.
RESEARCH
Research Update
GAO examined 14 local initiatives identified by experts as among the most promising or innovative efforts in which local workforce boards collaborated effectively with employers and other partners to achieve positive results. Full report, text version, and summary available.
Source: Government Accountability Office (GAO)
This report (PDF 1.6 MB) presents the results of a workshop held to explore technological innovations in accessible transportation and to better understand the requirements of pedestrians and travelers with visual impairments or other mobility disabilities.
Source: Federal Highway Administration (FTA)
The study examined predictors of such inactivity in individuals with intellectual and developmental disabilities, as well as how inactivity related to their sibling's well-being and the sibling relationship. (American Journal on Intellectual and Developmental Disabilities: January 2012, Vol. 117, No. 1, pp. 67-79.)
An Annual Report on Charges, Litigation, Regulatory Developments and
Noteworthy Case Developments from the Equal Employment Opportunity Commission (EEOC).
Related article: EEOC actions, enforcement trends focus of report on agency.
Source: Business Insurance.com
Despite ADA requirements that students with disabilities receive accommodations during tests like extra time or altered test formats, this report found that those with disabilities often face significant barriers.
Source: Government Accountability Office (GAO)
The report sets forth specific recommendations for the production and distribution of accessible instructional materials including printed and digital books, journals, course packs, articles, tests, videos, instructor-created materials, and Web pages, as well as any hardware, firmware, software, or other means of accessing such materials-to students who are blind or have other disabilities.
Source: U.S. Department of Education
About five percent of school-age children in the United States have a disability, according to a first-of-its-kind analysis from the U.S. Census Bureau. Released in November, the brief offers an in-depth look at children with disabilities, ages five through 17, who live in community settings.
Source: U.S. Census Bureau
Employers in the U.S. hospitality industry are often reluctant to hire people with disabilities because of prejudices and stereotypes that these individuals are incompetent at doing the job or that they are more costly to employ than people without disabilities, according to a new study (hospitality industry and hiring people with disabilities) by the University of New Hampshire.
Sources: Medical Daily, University of New Hampshire
Check out this popular resource that highlights examples of effective ADA implementation and support for improving access to technology for individuals with disabilities.
Survey Opportunities
Participant Registry for Blindness and Low Vision Research
The Rehabilitation Research & Training Center (RRTC) on Blindness and Low Vision at Mississippi State University is looking for people interested in participating in research on employment and independent living outcomes for individuals who are blind or visually impaired. To sign up or read more, visit: Participant Registry for Blindness and Low Vision Research. Researchers at the RRTC will use this information to determine eligibility and to inform registrants about future projects. For more information, call 662-325-2001 or toll free at 1-800-675-7782 or email rrtc2@msstate.edu.
Source: https://www.surveymonkey.com/s/W5Z2YLB
Student Mentor Study
The Rehabilitation Research and Training Center (RRTC) on Blindness and Low Vision at Mississippi State University is conducting a nationwide research project to see if pairing students who are legally blind with successful mentors in their career fields who are also blind will help students find jobs. The study is recruiting college students and professionals who are legally blind. A combination of face-to-face, telephone, email, and other electronic means of contact will be used as part of the mentoring process. Students will receive incentives for participation in the project. To find out more information, visit Employment Mentoring Project Seeking College Students and Professionals who are Legally Blind or contact Jamie O'Mally by phone at 662-325-2001 or by email at rrtc2@colled.msstate.edu.
Source: http://blind.msstate.edu/participate/mentoring/
Statistics & Facts You Can Use
The Centers for Disease Control (CDC) is currently previewing its Disability and Health Data System (DHDS), a new online interactive system that helps quickly translate state-level, disability-specific, data into information that can be used by state health departments, national disability and health organizations, and policymakers.
Source: Centers for Disease Control (CDC)
Mathematica Policy Research has prepared a study in demography describing the working age population with and without disabilities by residence type.
The U.S. Equal Employment Opportunity Commission (EEOC) received a record 99,947 charges of employment discrimination and obtained $455.6 million in relief through its administrative program and litigation in Fiscal Year (FY) 2011.
A recent poll released by the Society for Human Resource Management (SHRM) and the Northeast ADA Center at Cornell University's ILR School found that a majority (67%) of HR professionals have included veterans in their organization's diversity plan or policy during the past 12 months. However, only 17% of HR professionals said their organization hired a veteran who disclosed a disability either before or after time of hire.
Source: HR.BLR.com
Sources: U.S. Department of Labor Office of Disability Employment Policy, Bureau of Labor Statistics
Employment data for youth with and without disabilities is obtained from the Current Population Survey (CPS), a monthly survey of households conducted by the U.S. Census Bureau for the Bureau of Labor Statistics.
Now available in PDF format. More information on NOD Survey of Employment of Americans with Disabilities.
This 2011 collection of survey data and administrative records related to people with disabilities offers statistics to support research related to policy improvements, program administration, service delivery and protection of civil rights. Also available for download: 2011 Annual Disability Statistics Compendium [PDF 158 pages, 55.6 MB]
Source: Rehabilitation Research and Training Center on Disability Statistics and Demographics (StatsRRTC)
Connect & Network
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Wishing you success in your ADA activities from your Southeast ADA Center!
Credits & Acknowledgements
Principal Investigator: Peter Blanck, J.D., Ph.D.
Project Director:
Pamela Williamson
Assistant Director:
L. Elaine Sutton Mbionwu
Director - Knowledge Translation:
Sally Weiss
Distance Learning Coordinator:
Cheri Hofmann
Materials Development/Support:
Mary Morder
Technical Assistance:
Rebecca Williams
Director of Research:
Meera Adya, J.D., Ph.D.
Legal/Case Law:
William Myhill, J.D
Business Leadership Council:
Michael Morris, J.D.
Web/Instructional Design:
Marsha Schwanke
Disclaimer
Accessibility cannot be guaranteed for external websites. The Southeast ADA Center provides these links as a courtesy and does not endorse, take responsibility, or exercise control of the organization nor vouch for the accuracy of the contents of the destination link. The contents of this electronic newsletter were developed under Grant #H133A110021 from the Department of Education, National Institute on Disability and Rehabilitation Research (NIDRR). The information, materials, and/or technical assistance are intended solely as informal guidance, and are neither a determination of your legal rights or responsibilities under the ADA, nor binding on any agency with enforcement responsibility under the ADA.