ADA HEADLINER - March 2007

In This Issue

By the DBTAC - Southeast ADA Center: Project of the Burton Blatt Institute at Syracuse University

Welcome to this issue of the ADA HEADLINER, your monthly newsletter with the latest information and important issues about the Americans with Disabilities Act (ADA). Subscribers to the Southeast DBTAC Email List automatically receive a newsletter each month.

Index

Some information is in PDF format (to view, use the free download: Adobe P D F Reader) and in a Word file (to view, use word processing software, such as the free download: Word Viewer).

• Current News
• Southeast DBTAC Regional News
• Enforcement Update: ADA
• ADA in Action
• Publications, Videos and Online Courses
• Bookmark for Future Reference
• Technical Assistance
• Articles of Interest
• Mark Your Calendars
• Notable Quotables
• Training Tools
• Contact for Email List, Questions, & Comments
• Credits & Acknowledgements

CURRENT NEWS - March 2007

Federal Government Proposes ADA Guidelines for Foreign Cruise Ships

The Federal Register recently published rules that would apply ADA standards to foreign registered cruise ships. The proposed rules apply to foreign cruise ships that dock in the United States, and ban practices including price discrimination, requiring advance notice that a passenger has a disability, and rejecting arbitrary caps on the number of service animals allowed on the ship. The new rules may be finalized in late 2007.

Source: www.orlandosentinel.com/business/custom/tourism/orl-aseccruises28012807jan28,0,634892.story?coll=orl-home-headlines

Research Completed on the Visibility of Detectable Warnings

Source:www.access-board.gov/research/dw-fhwa/report.htm

Want More News?

Read more News on ADA at www.sedbtac.org/news.php

SOUTHEAST DBTAC REGIONAL NEWS

2007 Leadership Academy Offered in New Grant Cycle

With renewed funding, the Southeast DBTAC plans to offer an annual Intensive Leadership Academy for institutions of higher learning in the Southeast Region. The curriculum will be expanded to include equal emphasis on training and information about assistive technology (AT) as well as training and information on accessible information technology (IT). This change will reflect the intimate relationship between AT and IT tools that must be considered together, not separately, in order to provide effective, long-lasting solutions. The design of multimedia-driven online courses, for example, can only be optimized via a thorough understanding of the types of AT the audience may use, the strengths, weaknesses and features of this AT, and the context in which it is typically employed. The Leadership Academy will be conducted as an online series among three-member teams from participating institutions of higher learning in order to synthesize these elements into multi-modal solutions for students and faculty with various of disabilities. If you are interested in learning more about the 2007 Leadership Academy, please contact the Southeast DBTAC via email sedbtacproject@law.syr.edu or call 800-949-4232 (v/tty) or 404-385-0636 (v/tty).

ENFORCEMENT UPDATE: ADA

Appeals Court Rules EEOC Can Proceed With Disability Discrimination Case Against Wal-Mart

The Eighth Circuit Court of Appeals ruled that EEOC can proceed with a lawsuit against Wal-Mart Stores, Inc. that alleges a violation ofthe ADA when one of its stores in Missouri refused to hire a man with cerebral palsy as a greeteror a cashier. The EEOC originally filed the case in January 2004, but a federal judge in the U.S. District Court for the Western District of Missouri summarily ended the case in favor of Wal-Mart in August 2005, claiming the EEOC did not provide sufficient evidence of the alleged discrimination. The EEOC appealed, and the U.S. Circuit Court of Appeals for the Eight Circuit ruled that the EEOC can continue with the case.The decision is important because it marks the first time that it has ruled that an employer's claim that an applicant with a disability wasn't hired because he or she posed a threat to the safety of others or him or herself, must be proven by the employer rather than the applicant.

Source: www.kansascity.com/mld/kansascity/16691993.htm

Settlement Agreement Between the United States of America and Shoney's, LLC

The complainants, an individual with a disability and her husband, allege that on May 21, 2005, they were told to leave the Shoney’s Restaurant located at 2303 Carmack Blvd, Columbia, Tennessee because they were accompanied by a service animal.

Source: www.usdoj.gov/crt/ada/shoneys.htm

ADA Briefs from the Department of Justice

Source: www.ada.gov/briefs/adabrief.htm

New Settlement Agreements are Posted to U.S. Department of Justice Website

Sources: www.usdoj.gov/crt/ada/new.htm

ADA In Action

University Of Alabama Working To Up Accessibility (Tuscaloosa, Alabama)

Sources: www.cw.ua.edu/vnews/display.v/ART/2007/02/07/45c98bed6ab0c

PUBLICATIONS, VIDEOS, AND ONLINE COURSES

Questions and Answers about Health Care Workers and the Americans with Disabilities Act

Source: www.eeoc.gov/facts/health_care_workers.html

ADA Best Practices Tool Kit for State and Local Governments

The U.S. Department of Justice issued on February 27, 2007 the third and fourth installments of a new technical assistance document designed to assist state and local officials to improve compliance with Title II of the Americans with Disabilities Act (ADA) in their programs, services, activities, and facilities.

• Chapter 3, General Effective Communication Requirements Under Title II of the ADA
• Chapter 3, Addendum: Title II Checklist
• Chapter 4, 9-1-1 and Emergency Communications Services
• Chapter 4, Addendum: Title II Checklist

Source: www.usdoj.gov/crt/ada/pcatoolkit/toolkitmain.htm

New U.S. Department of Justice ADA Business Connection Publications

• Expanding Your Market: Accessible Customer Service Practices for Hotel and Lodging Guest with Disabilities
• Expanding Your Market: Accessible Customer Service Practices for Hotel and Lodging Guest with Disabilities

Sources: www.ada.gov/accesscust.htm; www.ada.gov/accesscust.pdf

• Expanding Your Market: Building a Diverse Customer Base
• Expanding Your Market: Building a Diverse Customer Base

Sources: www.ada.gov/civilrights.htm; www.ada.gov/civilrights.pdf

• Expanding Your Market: Tax Incentives for Business
• Expanding Your Market: Tax Incentives for Business

Sources: www.ada.gov/taxincent.htm; www.ada.gov/taxincent.pdf

Disability Rights Online News

A bi-monthly update about the Civil Rights Division's activities in the area of disability rights.

Source: www.usdoj.gov/crt/ada/disabilitynews.htm.

ADA Basic Building Blocks

This introductory webcourse on the Americans with Disabilities Act of 1990 (ADA) explores the legal requirements and spirit of the ADA. The course content is self-paced and organized into 12 topics. Upon completion of the course if you meet ALL established criteria, you will be eligible to earn 0.5 continuing education units (CEU), which equates to 5 contact hours. In addition, the Commission on Rehabilitation Counselor Certification (CRCC) has approved the course for 3.5 CRCC Credits. The course is FREE; but to receive continuing education credit or an official certificate of completion, there is a $50 fee that must be paid.

Source: www.adabasics.org

At Your Service: Welcoming Customers with Disabilities

This introductory webcourse on disability awareness will provide you with the information and background you need to serve people with disabilities effectively and courteously. The course is FREE and self-paced with content organized into 15 topics .This webcourse was created as a training tool for Customer Service Representatives employed at the Department of Labor's One-Stop Centers as well as for Navigators in the Disability Program Navigator Initiative, jointly funded by the Department of Labor and the Social Securing Administration. However, anyone interested in learning more about interacting effectively with people who have a variety of disabilities will also benefit from this webcourse. In addition, the Commission on Rehabilitation Counselor Certification (CRCC) has approved the course for 5 CRCC Credit.

Source: www.wiawebcourse.org

ADA Game

If you’ve played the game at www.adagame.org and used newly-learned information to make a change in your community, please let us know by sending an email to sedbtacproject@law.syr.edu.

Source: www.adagame.org

Reaching Out to Customers with Disabilities

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.

Source: www.ada.gov/reachingout/intro1.htm

Pipeline ADA Newsletter from Southeast DBTAC Available Online

Source: www.sedbtac.org/pipeline.php

Want more Publications?

Check out the Publications List and Publications on ADA at www.sedbtac.org/publications.php.

BOOKMARK FOR FUTURE REFERENCE

U.S. Supreme Court's Olmstead Decision: Five Years Later

Five years after the Supreme Court's landmark Olmstead decision applying the Americans with Disabilities Act to the right of individuals with disabilities to receive health care in a community-based setting, the Kaiser Commission on Medicaid and the Uninsured releases two new reports and a video examining what progress has been made and the impact on the Medicaid program.

Source: www.kff.org/medicaid/kcmu062104pkg.cfm

Over the Horizon: Potential Impact of Emerging Trends in Information and Communication Technology on Disability Policy and Practice

This report in PDF format from the National Council on Disability explores trends in information and communication technology and the potential opportunities and problems these trends pose for people with disabilities.

Source: www.ncd.gov/newsroom/publications/2006/pdf/emerging_trends.pdf

Want more Web Resources?

Check out the wealth of disability related links in Web Resources on ADA and Accessible IT at www.sedbtac.org/resources.php.

TECHNICAL ASSISTANCE

Employer Tidbits (ADA Title I)

These tidbits are designed to provide you with information and insight regarding the Americans with Disabilities Act (ADA) and disability-related issues that you may have addressed in the workplace.

Source: www.sedbtac.org/emptidbits.php

EEOC: Frequently Asked Questions

Source: https://eeoc.custhelp.com/cgi-bin/eeoc.cfg/php/enduser/std_alp.php?p_sid=r9xBKEAh&p_lva=&p_sp=&p_li

ADA Case Law Development

The Southeast DBTAC’s Legal Research Team at BBI is identifying and analyzing legal and policy developments relevant to ADA civil rights protections and federal decisions from the relevant federal circuits that cover the eight-state geographic area. The briefs currently available include:

• Reassignment as an ADA Reasonable Accommodation in the Manufacturing Industries of the Southeast DBTAC Region: Comparing Appellate Court Outcomes
• Diminishing Rights under the Americans with Disabilities Act: Are People with Mental Disabilities Protected by the ADA in the Fourth, Fifth, Sixth, and Eleventh Circuits?

Source: seadata.cotelco.net/ADACaseLawDevelopment/tabid/556/Default.aspx

ADA Document Portal

Through this web site, search the thousands of resources and documents for several federal laws in addition to the ADA. There are five searchable collections, which can be accessed from the home page:

• Accessible Information Technology (I T) - Search Document Portal
  www.accessibleit.org
• Fair Housing Act - Search Document Portal
  www.adaportal.org/Other_Legislation/FHA/Fair_Housing_Act_TOC.html
• Air Carrier Access Act - Search Document Portal
  www.adaportal.org/Other_Legislation/ACAA/Air_Carrier_Access_Act_TOC.html
• Individuals with Disabilities Act (IDEA)- Search Document Portal
  www.adaportal.org/Other_Legislation/IDEA/IDEA_TOC.html
• Help America Vote Act (HAVA)- Search Document Portal
  www.votingaccess.org/

Search Tips for the ADA Document Center

There are several features to help you find answers – especially first-time users, including:

• Search Tips for the ADA Document Center
  To get better search results, use the “select category” drop down menu instead of just searching on “everything.” This is especially helpful when you know the general category that should contain your answers. Use the drop down menu right below the key word search box. The seven categories are: employment, private business, transportation, communication, facility access, state & local government, and Department of Justice letters. New resource materials are added to these categories on a continuing basis.
   
• Add a FREE ADA Portal Search Box to Your Website
  Work with your webmaster to add an ADA Portal search box to your website that will allow visitors to your website to search all of the documents that are on the ADA Portal.
   
• Advanced Search Option
  An advanced search button has been added to the ADA Portal which allows the user to have better access to the advanced search functions.

Sources: www.adaportal.org; www.adaportal.org/SearchTips.htm

DOJ: New Technical Assistance Materials for Law Enforcement

The Department of Justice has launched a new page with specific technical assistance materials for law enforcement agencies. The page includes:

• Communicating with People Who Are Deaf or Hard of Hearing: ADA Guide for Law Enforcement Officers
• Model Policy for Law Enforcement on Communicating with People who are Deaf or Hard of Hearing
• Police Response to People with Disabilities
  A streaming video series with short segments designed for use in roll-call training. The videos address law enforcement situations involving people who have mobility disabilities, mental illnesses, mental retardation, epilepsy or seizure disorders, speech disabilities, deafness or hard of hearing , and blindness or low vision.

Sources: www.ada.gov/policeinfo.htm; www.ada.gov/lawenfcomm.htm; www.ada.gov/lawenfmodpolicy.htm; www.ada.gov/videogallery.htm#Anchor-Dial-47492

Did you miss a web cast or other Distance Learning Session about the ADA and Accessible IT?

Check out the Disability Law Resource Project website for upcoming sessions at www.dlrp.org/html/Training/index.html and review the archives for past distance learning sessions on the ADA and accessible IT.

Source: www.adagreatlakes.org/ProgramsAndServices/AudioConferencing/Archives; www.dlrp.org/html/Training

ARTICLES OF INTEREST

ADA Requirements Must Be Met (University of Alabama Crimson White, AL)

Source: www.cw.ua.edu/vnews/display.v/ART/2007/02/08/45cae7e23b63f

Kentucky 2nd-Worst State in Disabilities (Louisville Courier-Journal, KY)

Source: www.courier-journal.com/apps/pbcs.dll/article?AID=/20070205/NEWS01/702050439/1008

Crestwood Medical Center May Have To Make Its South Huntsville Campus More Accessible (Huntsville Times, AL)

The federal government proposed new rules that would apply the Americans with Disabilities Act to cruise ships for the first time. The rules, published in the Federal Register, ban discriminatory practices by foreign-flagged cruise ships that dock in the United States. Guidelines for the design of ships have not been worked out.

Source: www.al.com/news/huntsvilletimes/index.ssf?/base/news/1172225947158510.xml&coll=1

Accessible Prison: State Opens First Prison for Disabled

Source: www.tulsaworld.com/NewsStory.asp?ID=070220_Ne_A1_pstxc44709

MARK YOUR CALENDARS

Audio Conference Schedule for 2006-2007 is Available Online

Mark your calendars for this important series of conferences; for more information, visit www.ada-audio.org.

Training Available on Accessibility Guidelines for Play Areas

The National Playground Safety Institute (NPSI) and the U. S. Access Board developed this three-hour course, made available through NRPA, to train park and recreation professionals, designers, landscape architects, manufacturers, operators, and others concerned with ensuring access to play areas. It covers all sections of the play guidelines, including ramp and transfer access to elevated play components, the number of play components required to be accessible, play surfacing, and other topics.

Source: www.nrpa.org/content/default.aspx?documentId=5131

National Center on Accessibility: Accessibility Coordinator Training: Accessibility Management for Parks and Recreation

May 14-17, 2007
Indiana University - Bloomington
Web: www.ncaonline.org/training/accesscoordinator.shtml

A comprehensive accessibility management program is the key to success for park and recreation agencies.  This NCA training course is designed to give Accessibility Coordinators in parks and recreation the foundation for implementing an accessibility management program.  This course is ideal for professionals with newly appointed responsibilities and for those looking to brush up on the latest information for accessibility compliance. 

Sessions will include discussions of the characteristics and needs of people with disabilities, legislative mandates and litigation, accessibility standards and common errors, the application of universal design to park and recreation environments, program access, considerations for conducting accessibility assessments, visitor use and marketing, and comprehensive planning.  Examples and best practices in accessibility management will be presented throughout the sessions.  A field exercise will give participants an opportunity to practice conducting an accessibility assessment along with discussing considerations for prioritization of physical and programmatic barrier removal.

Job Accommodation Network 2007 Conference

August 6-7, 2007
Hyatt Regency Crystal City, Virginia
Web: www.jan.wvu.edu

US Business Leadership Network Annual Conference

September 20-22, 2007
Orlando, Florida
Web: www.usbln.org

National Institute on Recreation Inclusion

October 25-28 , 2007
Hyatt Regency at Reston Town Center
Reston, VA
Web: www.nrpa.org/content/default.aspx?documentId=3912

Seeking More Training Events?

Check out the Training Calendar of Events on ADA and IT at www.sedbtac.org/training.php#calendar.

NOTABLE QUOTABLES

"In 2006, the Commission [EEOC] made visible progress in advancing equal employment opportunity, yet much work remains.  Our challenge in 2007 is to make the most effective and efficient use of agency resources to foster fair and inclusive work environments for all individuals."

Naomi C. Earp, Chair
Equal Employment Opportunity Commission (EEOC)

Find Notable Quotables for use in your speeches and presentations at www.sedbtac.org/ada/training/trainingTemplate.php?ref=NQ.

TRAINING TOOLS

Check Training Tools on the ADA for use in your presentations and workshops at www.sedbtac.org/training.php#tools.

UNTIL NEXT MONTH ...

Wishing you success in your ADA and Accessible Information Technology Activities from your Southeast DBTAC!

Let us know what you think ...

The Southeast DBTAC is Your Regional Resource Center on the Americans with Disabilities Act (ADA).
Email: sedbtacproject@law.syr.edu     Phone: 800-949-4232 (v/tty) or 404-385-0636 (v/tty).

Credits & Acknowledgements

The contents of this electronic newsletter were developed under Grant #H133A060094 from the Department of Education, National Institute on Disability and Rehabilitation Research (NIDRR). However, the contents do not necessarily represent the policy of the Department of Education or NIDRR, and you should not assume endorsement by the Federal government.

Principal Investigator: Peter Blanck, J.D., Ph.D.
Project Director/Editor: Shelley Kaplan
Director of Training & Technical Assistance: Pamela Williamson
Director of Research: Meera Adya, , J.D., Ph.D.
Help Desk Specialist: Mary Morder
Materials Development Specialist: Sally Weiss
Legal Issues: Jason Mintz, J.D.
Business Leadership Council: Michael Morris, J.D.
Information Specialists: Sarah Endicott, Becky Williams, Christine Woodell, Cheri Hofmann, Linda Priest
Web Manager: Marsha Schwanke

Contact For More Information:

DBTAC - Southeast ADA Center (Southeast DBTAC)
490 Tenth Street NW, Atlanta, GA 30318
Phone: 800-949-4232 (v/tty) or 404-385-0636 (v/tty)
Fax: 404-385-0641
Email: sedbtacproject@law.syr.edu
Web: www.sedbtac.org

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UNTIL NEXT MONTH ...

Wishing you success in your ADA activities from your Southeast ADA Center!