ADA Pipeline Volume 15, Number 2 2006 A Publication of the Southeast Disability and Business Technical Assistance Center A Project of the Center for Assistive Technology and Environmental Access at Georgia Tech Southeast DBTAC Project Staff ADA Pipeline ADA Pipeline is published three times per year by the Southeast Disability and Business Technical Assistance Center (DBTAC). The Southeast DBTAC is authorized by the National Institute on Disability and Rehabilitation Research, Grant #H133D010207 to provide information, materials, and technical assistance to individuals with rights, as well as entities, that are covered by the ADA. The information, materials, and technical assistance are intended solely as informal guidance; this assistance does not serve as determination of your legal rights or responsibilities under the ADA, nor is it binding on any agency with enforcement responsibilities under the ADA. ADA Pipeline is available, free of charge, to subscribers in the eight southeastern states. ADA Pipeline is available in large print, braille, audio cassette, and computer disk, upon request. Southeast DBTAC Project Staff * Shelley Kaplan Project Director * Pamela Williamson Assistant Project Director * Cheri Hofmann Information Specialist * Christine Woodell Information Specialist * Sarah Endicott Information Specialist * Amy Oliveras Office Administration/Hispanic Outreach * Mary Morder Help Desk Specialist/Newsletter Editor * Marsha Allen Web Developer * Sally Weiss Materials Development * Jimmie Taylor Data Entry Clerk * Disability Rights & Resources Technical Assistance Coordination Looking Back and Ahead 15 Years of Successful Collaboration By Shelley Kaplan I have been privileged to serve as the Director for the Southeast Disability & Business Technical Assistance Center (DBTAC) since its inception in 1991. As one of ten regional ADA information centers, the Southeast DBTAC has become the premier resource on the ADA and accessible information technology (IT) in the Southeast Region. It also has the distinction of serving the largest geographical region in the country, covering eight states and an eclectic population. The Southeast Region ranges from less-populated Mississippi to the vast populations of Florida and North Carolina, from the coastal communities of Biloxi and Myrtle Beach to the Blue Ridge Mountains of Tennessee and North Carolina. The types and number of organizations and agencies actively involved with the Southeast DBTAC are just as diverse in terms of their length and level of involvement, the amount of resources they bring to the network, the level of collaboration desired, and the degree of value-added benefits perceived. Developing, operating and maintaining a regional resource center capable of providing ongoing high quality and equitable services to such a geographically large and diverse region certainly has its rewards and challenges. The key to our success in achieving real outcomes for people with disabilities lies in the collaborative spirit embodied by an extraordinary network of individuals and organizations. Southeast DBTAC Leadership Networks The Southeast DBTAC uses a decentralized approach to build regional capacity. Guided by a cross-section of individuals with and without disabilities representing disability, business, grassroots, and government entities, the Southeast DBTAC works collaboratively with a network of 99 Affiliates, 21 Educational Leaders, a ten-member Training Team, a six-member Technical Assistance Team and a network of local "teams" producing outcome-based projects. Together we expand and strengthen regional capacity to facilitate voluntary ADA compliance and adoption of accessible IT. The Leadership Networks are described below: * The Affiliate Leadership Network is made up of eight organizations that have each designated one individual as the DBTAC liaison. These eight Leaders organize statewide efforts and provide leadership in coordinating an infrastructure capable of supporting a network of community-based organizations who share a common vision about effective ADA implementation and broadening the reach of the Southeast DBTAC. Representing both public and private entities, they include state agencies (South Carolina Employment Security Commission and North Carolina Council on Developmental Disabilities), statewide disability coalitions (Tennessee Disability Coalition), statewide network of independent living centers (LIFE of Mississippi), community-based consumer-run organizations (Georgia's Disability Resource Group and Kentucky's Center for Accessible Living) and private non-profit centers (Florida's Boley Centers for Behavioral Health, Inc.). * The Educational Leadership Network consists of 21 leaders in the field of education who guide the Southeast DBTAC in its mission to promote accessible information technology (IT) across educational settings. These members are "champions" of accessible IT within state and local educational agencies as well as institutes of higher learning, community and technical colleges. They help forge strategic education-based collaborations among their existing constituencies to advance the DBTAC's objectives. * The Regional Training Team includes ten individuals who conduct customized programs around the region and moderate distance education programs. Members represent peers from our Leadership Networks who consistently demonstrate leadership and high quality training skills. These "experts" provide mentoring and peer support to strengthen and solidify services over the long term. * The Regional Technical Assistance Team is made up of six members of the DBTAC's core staff and Affiliate Network who respond to inquiries received via the project's toll free hotline (1-800-949-4232). They have extraordinary expertise and experience in helping others understand and comply with the ADA. Fostering Voluntary Compliance As the Southeast DBTAC's regional network matures in expertise and experience, so do tangible results. The recent shift to outcome-based local projects produced numerous visible changes across this vast region. Below are some examples of outcome-based results achieved during this fiscal year. For more examples, please visit our website at www.sedbtac.org and look for "Promising Practices." * The Center for Independent Living of Northwest Florida and Programs for Accessible Living in North Carolina consulted with 45 local businesses in Escambia County and Charlotte, as well as the Florida State School of Medicine. As a result, these entities re-striped parking lots to ensure adequate accessible parking and modified policies to discontinue the use of vehicle/shopping cart storage in parking access aisles. * Following training provided by Arts Access, Inc., Raleigh's Museum of Natural Science added audio description to their tours and exhibits to ensure effective communication by visitors with visual impairments. * Affiliates in North Carolina, Georgia, Tennessee and Mississippi worked with local election officials in removing structural and communication barriers to ensure equal access to the voting process and polling places. * The Georgia Network worked with local health departments in an ongoing education effort to ensure that women with disabilities receive medical attention in accessible facilities. * Under its Navigator grant from the U.S. Department of Labor, the South Carolina Employment Security Commission assisted with training new staff using the DBTAC's online courses, At Your Service: Welcoming Customers with Disabilities to Your One Stop Center and ADA Basic Building Blocks. As a result, Navigators established linkages with the South Carolina ADA network to assist in better serving customers with disabilities across the state. * Mississippi Affiliates were involved in city planning committees and served on Mayor's Committee for Disability Awareness to resolve local access issues in McComb and Oxford. As a result, the famous square in the center of Oxford has installed curb cuts. * Collaboration among all 10 DBTACs has produced national initiatives such as the ADA Document Center [www.adaportal.org], Audio Conference Series [www.ada-audio.org], ADA Game [www.adagame.org], ADA National Symposium [www.adasymposium.org], ADA Basic Building Blocks [www.adabasics.org], At Your Service: Welcoming Customers with Disabilities To Your One Stop Center [www.wiawebcourse.org], and Breaking Down Barriers: K-12 and Beyond Toolkit. Southeast DBTAC Seeks Refunding In August, we submitted our competitive proposal to continue operating the Southeast DBTAC for another five years. We hope that the Southeast DBTAC will be refunded so that it can continue to meet the ADA-related information, training, and technical assistance needs of multiple public and private stakeholders through the provision of five core services: 1) information dissemination, 2) education and training, 3) technical assistance, 4) information and referral and 5) public awareness events. In addition, the Southeast DBTAC has proposed research initiatives that will add to the state of knowledge about employer corporate culture and business practices and the impact of ADA on civic access to reduce and eliminate barriers to fuller civic, social, and economic participation for Americans with disabilities. If our proposal is successful, the Southeast DBTAC will be managed and led by a consortium that includes four nationally recognized nonprofit organizations or institutions: the Center for Assistive Technology and Environmental Access (CATEA) at Georgia Institute of Technology (Georgia Tech), the Burton Blatt Institute Centers of Innovation on Disability at Syracuse University, the Living Independence for Everyone (LIFE) of Jackson, Mississippi, and Partnerships in Assistive Technology (PAT) of North Carolina. In order to continue to improve responsiveness to the employers, large and small within the region, the Southeast DBTAC has also established a Business Leadership Council (BLC) composed of 10 key stakeholders who have a strong record of hiring and advancing workers with disabilities. The BLC will provide advice and important linkages to the business community throughout the Southeast to facilitate the exchange of research findings and new knowledge that improves opportunities for employment for persons with disabilities. As we wrap up the final weeks of the current five-year grant cycle, we look forward to an exciting future. If funded, the Southeast DBTAC will be enriched by a balance of current lead staff and new experts to produce measurable outcomes that enhance the employment, economic status, and civic and social participation of Americans with disabilities. A new level of collaboration between the business community and government will be achieved that facilitates voluntary and effective compliance with the ADA. With respect and gratitude for everyone's leadership, Shelley Kaplan Director Highlights from Around the Region The Southeast DBTAC maintains a decentralized operation and funds a network of State and Local Affiliates to broaden its reach across the eight-state region. These Affiliates — known as the ADA Leadership Network — conduct a diverse range of “outcome-based” activities that facilitate voluntary ADA compliance by addressing specific local needs for ADA information and education and/or access to IT in educational facilities through short-term projects that result in tangible changes such as more accessible parking spaces, increased accessibility in polling places, restaurants, public transit, and the arts among others. In this manner, Affiliates leverage resources via in-state collaborations and maximize outcomes for people with disabilities in their local communities and result in tangible changes. The Birmingham Independent Living Center (BILC), in collaboration with the Birmingham ADA Coordinator, the Alabama Governor's Office on Disability, and the Southeast DBTAC, conducted a two-day ADA Train-the-Trainer workshop for city officials in Birmingham, Alabama to provide ADA training and technical assistance to address compliance issues included in the U.S. Department of Justice Project Civic Access Settlement Agreement. Lead facilitator and trainer was Graham Sisson, JD, who serves as the State of Alabama ADA Coordinator and is an Assistant Attorney General advising on ADA Issues. Mr. Sisson was assisted by Ron Talley, Manager of the AssisTech Group, who conducted a session on disability sensitivity. The 23 city employees from various departments indicated that they had an increased awareness and knowledge of ADA and their role after the training. These employees will now serve as trainers for employees in their divisions. Read more about the Settlement Agreement with the City of Birmingham at www.ada.gov/birminghamalsa.htm. Rebuilding Accessible Communities is a new initiative to promote accessibility in the rebuilding of communities destroyed by last year's hurricanes. Rebuilding Accessible Communities, a joint venture of the DBTACs and the U.S. Access Board, is focused on developing and distributing guidance on achieving accessibility in reconstruction projects. The Rebuilding Accessible Communities effort was conceived as an opportunity for community groups, advocates and the building industry to collectively reconstruct communities in a way to be accessible to all. The new website, an initial step of this program, currently provides answers to common questions that have arisen in work to rebuild devastated areas as well as links to existing sources of information. Additional resources, best practices and advisory information will be posted to this site as they become available. Check it out at www.adata.org/rac/index.aspx. The Challengers Self Advocacy group in North Carolina hand delivered information to 11 businesses in downtown Albermarle to raise ADA awareness about accessible access aisles. Duncan Lake in Hattiesburg is now friendly to persons with disabilities thanks to the combined efforts of Ann Jones, General Manager of Hattiesburg's Parks and Recreation Department and the technical assistance provided by LIFE of Mississippi. Read more at www.sedbtac.org/articles.php?idpg=8&id=5504. A Framework for Providing Reasonable Accommodation for Employees with Disabilities in the Workplace was co-sponsored by the Southeast DBTAC and Great Lakes ADA & IT Center as a four-part online mini series. Sessions focused on determining the essential functions of a job, the pros and cons of a job description, determining what's reasonable, clarifying undue hardship and direct threat, and issues related to policies, practices, and staff training. Fifty people participated in the series with ten people earning CRCC or SHRM HR Credits. Participants were enthusiastic about this new cost- and time-effective method of learning. The Griffin, Georgia 4-H Club Distributes Signs Welcoming Service Animals to Local Businesses [Note: The regular print edition includes a photo of two girls in 4-H uniforms placing a sign on the door of a business.] A Junior and Senior High 4-H Club in Griffin, Georgia conducted a community project from January to June 2006 to educate business owners about service animals and to provide these businesses with a poster to place in their window welcoming service animals. The Disability Resource Group (DRG), formerly known as the Georgia ADA Exchange, conducted a two-hour workshop on the ADA specifically focusing on Title III and service animals. DRG assisted the club members and club sponsers in preparing a brochure on the ADA and service animals. The club members distributed these brochures and designed posters which they put up in local businesses. This project enlisted 24 4-H Club members, six sponsors, and 10 local businesses. [Note: The regular print edition includes a photo of a man and woman standing together. The caption to the photo reads as follows:] Cheri Hofmann, Information Specialist and Course Moderator for the Southeast DBTAC, along with Kevin Lofton, Memphis CIL, conduct training for the City of Nashville. [Note: The regular print edition includes a photo of a section of a parking lot and sidewalk that run along level ground. The caption to the photo reads as follows:] Promising Practice Multi-use accessible parking lot highlighting Community House Middle School, Charlotte-Mecklenburg Schools, Charlotte, North Carolina Printed with permission of Charlotte-Mecklenburg Schools; Parking lot designed by Gantt Huberman Architects El Centro de Asesoria Tecnica en Deshabilidad e Industria del Sureaste An average of 19, 259 people visit the Southeast DBTAC website each month. Check it out at www.sedbtac.org. Check out the Spanish portal at www.sedbtac.org/espanol/index.php. EEOC OPENS NEW OFFICE Office to Serve South Alabama, Southern Mississippi and the Florida Panhandle The Equal Employment Opportunity Commission (EEOC) has opened a new office in Mobile, Alabama, a region that has seen service needs soar largely because of shifting populations and increasing diversity. The new office is part of the agency's broader effort to reposition its field structure to enhance its enforcement presence, improve customer service and public access, and increase efficiency. The Mobile office, located at 63 South Royal Street, Suite 504, in the Riverview Office Plaza, is responsible for receiving charge filings of discrimination, conducting investigations, and providing outreach, education and technical assistance to local employers and the public. Part of the EEOC's Birmingham District, the office is open from 8 a.m. to 4:30 p.m. Central Time, Monday through Friday. It can be reached by phone at 251-690-2590, by fax at 251-690-2581, and by TTY at 251-690-2579. First-time callers should contact the EEOC at a toll-free number, 1-800-669-4000. The office's jurisdiction includes South Alabama, Southern Mississippi and the Florida panhandle. The EEOC is responsible for enforcing federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov. Southeast DBTAC Hosts Second Postsecondary Leadership Academy [Note: The print edition includes a four-photo montage of the Leadership Academy participants and their instructors in the classroom.] As part of its mission to promote the use of accessible education-based information technology in the Southeast Region, the Southeast DBTAC is working with colleges, universities, community colleges and K-12 schools to improve access to information technology for students with disabilities in educational settings. The Southeast DBTAC has been assisted in this endeavor by a 21-member Education Leadership Team comprised of representatives of educational institutions throughout the Southeast Region. In March 2006, the Southeast DBTAC, in partnership with its Education Leadership Initiative partners at the University of Florida and the University of Georgia, hosted a regional Postsecondary Leadership Academy at the Georgia Center for Continuing Education in Athens, Georgia. The Leadership Academy selected eight higher education institutions located within the Southeast Region: Northeast Alabama Community College, University of Alabama-Birmingham, Broward Community College, Macon State College, University of Kentucky, Gardner-Webb University, Benedict College, and Clemson University. Each institution selected was represented by a three-person team, consisting of one disability service representative, one information technology representative, and one team member representing a "Change Agent." The "Change Agent" was new to this year's event and this was a person who was willing and able to take the information received at the Leadership Academy and impact campus leadership to modify campus policy on accessible information technology. During the one and a half day event, participants received in-depth training on accessible information technology issues in higher education, including several sessions on campus wide policy development for accessible information technology. Follow up activities designed to generate specific outcomes are already underway. Materials from the two-day program can be viewed on the Southeast DBTAC's website at www.sedbtac.org/ed/edaction/academy.php?elaid=post06GA. As a result of effort to date, the Southeast DBTAC has identified four lessons learned from this initiative and its follow up activities. 1. Characteristics of Students Students with disabilities are a diverse population with differing levels of computer literacy and whose various types of disability result in significantly different needs and methods for providing accessibility. Participants concluded that the issue is not as much the ability of students with disabilities as it is the accessibility of the course itself. Given access to appropriate assistive technology, if needed, students can easily access a universally designed web page or on-line course regardless of their type of disability. In addition, when faculty and web designers are taught to focus the needs of the user, the quality of the end product is much higher. Meaningful involvement of students with disabilities is key to identifying specific difficulties in IT access as well as other barriers to full participation in the academic and social life provided on campus. Their experience and perspective are unique - and these students should not be expected to provide their expertise on a volunteer basis. In order to maximize the probability that students with disabilities will be willing and able to take time from their busy schedules to identify barriers and provide advice on increasing accessibility, administrators and faculty should demonstrate respect for students' expertise and the value of their time by offering course credit, tuition reduction, or student stipends equal to the time required to evaluate barriers to access and make recommendations for overcoming those barriers. 2. Characteristics of Faculty Faculty and adjunct staff may have little or no familiarity with the access needs of students with disabilities. This includes the students' needs for reasonable accommodations as well as their needs for accessible information technology. Therefore, in order to increase faculty awareness about accessible information technology, it is also necessary to make them aware of the impact that different disabilities may have on their students' ability to function successfully in an academic setting. Faculty may also differ significantly in their level of computer literacy. Many faculty and staff have very limited experience with using a computer, let alone with designing accessible web pages or on-line courses. Hands-on training and lab demonstrations are very effective methods of instruction. In addition, small group discussions facilitate on-going interaction and support for staff who frequently feel isolated in their advocacy for inclusion of students with disabilities. 3. Design Barriers To take full advantage of the unique possibilities offered by on-line courses, designers should avoid direct replication of traditional in-class chalk-and-talk course format. Direct one-for-one transfer of course materials into on-line format creates significant access barriers for students with disabilities. Designers should also understand that students with different disabilities may have access needs-such as limited stamina, difficulty with small motor skills, short-term memory difficulties -that affect course content and presentation, in addition to issues of how a web page is formatted. 4. Factors Affecting Systems Change Obtaining buy-in from key administrators and other key stakeholders is vital to the successful adoption and implementation of policies and practices to assure IT accessibility. The active involvement and support of key faculty and administrators can raise the issue of access to information technology to a high level of visibility. It is also important to identify and focus on "Agents of Change." Priority should be given to reaching those faculty and staff whose positions (e.g., information technology specialists, dean/director of information technology, department chair) allow them to have an immediate impact on the accessibility of websites and on-line courses. Finally, be proactive by providing technical assistance to faculty and staff in making their websites or on-line courses accessible. This technical assistance may come in the form of specific on-site or telephone consultation or through the creation of templates, on-line tutorials, or posting workshops on-line to facilitate review or viewing by staff who were unable to attend in person. Technical Assistance Corner ADA Document Portal Search Tips www.adaportal.org The ADA Document Portal was developed by Meeting the Challenge, Inc. under grant number H133G000221 from the U.S. Department of Education, National Institute on Disability and Rehabilitation Research (NIDRR). Continued operation and maintenance of the ADA Document Portal is supported by the ten ADA & IT Technical Assistance Centers. The ADA Collection consists of more than 7,400 ADA-related documents. The ADA Portal also provides resources and documents for several federal laws in addition to the ADA. These collections are located on the home page in the right column. The five searchable collections are: Accessible IT, Fair Housing Act, Air Carrier Access Act, Individuals with Disabilities in Education Act (IDEA) and Help America Vote Act (HAVA). These resources allow you to search thousands of additional documents. The ADA Portal has several features to help people find answers - especially first-time users. Below the search box on the home page is the question - "Not sure what to search for?" and the link to Keyword Searches. When you click on this, the "keyword search" page appears with more than 300 terms and words in alphabetical order. The search results for these key terms are preset. In addition, alternate terms are listed that reference the proper word for the results. As an example, "therapet" and "therapy animals" direct you to "service animals." Give it a try at www.adaportal.org/ADA_Portal_Keywords_TOC.html. Many times you can realize better search results if you 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 keyword search box. The seven categories are: employment, private business, transportation, communication, facility access, state & local government, and DOJ letters. New resource materials are added to these categories on a regular basis. Want to narrow your searches and eliminate irrelevant documents? The ADA Portal can provide more effective results by using quotation marks around the words that describe the phrase you are searching for. As an example, by not adding quotes around effective communication, you will receive results that contain both these words in the text, but not necessarily together or in that order. However, by searching "effective communication" using quotes, you will only receive results where these two words are together and in that order. In our example, a search on the terms Effective Communication without using quotes returned 1,155 documents. By adding quotation marks, the phrase "Effective Communication" reduced the search returns to only 729. Learn to be more specific with your keywords by using quotes around multiple words and your search results will become more precise and efficient. A page has been created on the ADA Portal that allows you to view previous ADA Portal tips. Search tips are also linked from the home page. View previous portal tips at www.adaportal.org/SearchTips.htm. A Tip in Time Saves Ronnie’s Job An Employer Tidbit (see box at the end of this article) came just in time to give a Peer Counselor the information she needed to advocate successfully on behalf of a young man who has Cerebral Palsy (CP). Cheri Hofmann, of the Northwest Florida Center for Independent Living (CIL NWF, Inc.) writes, "What helped me with this situation is one of the Employer Tidbits that the folks from the Southeast DBTAC send out. (See www.sedbtac.org/emptidbits.php). Ronnie has been employed by Wal-Mart for 12 years. Wal-Mart revised its job codes (job descriptions with assigned numbers), and under the new codes his job was combined with another position. Ronnie has CP with limited speech and motor skills, and it would require some imagination to work out reasonable accommodations for some of the essential functions of the new, combined job. In addition, Ronnie only works 12 hours a week, and Wal-Mart was also requiring that employees in the new position work more hours. For 12 years Ronnie has gained the respect of all his fellow workers and has always performed to the standards required of him. When the new job codes became effective, Wal-Mart said that they would have terminate Ronnie because he was no longer qualified for the position. When his mother contacted me and asked if I could assist her to save his job, Wal-Mart was in the process of putting Ronnie on leave and then he would be terminated. I contacted Ronnie's supported employment coach and we began researching possible reasonable accommodations and solutions to save Ronnie's job! The first thing that we addressed was putting him on leave. It was not necessary, and we were successful in getting that pulled. Then we began working with the Wal-Mart manager as well as the ADA Coordinator at the corporate level. The outcome was great! Ronnie kept his job, and Wal-Mart continues to accommodate him as they always have. The new job codes would have required Ronnie to work two eight-hour shifts, two days a week, something Ronnie was unable to do because of his personal needs. Instead they accommodated him by allowing him to work four-hour shifts, three days a week. This means Ronnie works one hour longer each day than he used, and therefore, may need to use the men's room. Because the men's room door is too heavy for Ronnie to maneuver, Wal-Mart installed a buzzer for Ronnie to push when he needs the door opened. Currently, Ronnie's job requires him to take returned items from a bin in customer service and place them back on the shelves where they belong. Occasionally, Ronnie may require assistance in putting something on a high shelf, so they accommodate him by having another store employee help him out as needed. Ronnie is also a people greeter as part of his new duties. Given Ronnie's current performance rated as "outstanding," Wal-Mart has said that they will train him how to carry out this new job function. Ronnie is excited and loves his new responsibilities. If he doesn't greet you when you visit this Wal-Mart, look around and you'll catch him wheeling around putting items back in the departments where they belong. Employer Tidbit # 5 www.sedbtac.org/emptidbits.php Situation: A company has an employee with a disability whose performance in the position has been exceptional.  Due to company-wide changes in policy and procedures, new mandates will cause the essential functions of the employee’s job to change. Question: Can the employer implement new standards that change the essential functions of the job if they would result in the employee’s inability to perform that job? Response: Employers have the right to establish or change content, nature or functions of a job. The ADA simply requires that employers evaluate an employee’s qualifications as they relate to his/her ability to perform the essential functions of the new position, with or without reasonable accommodations.  When changes to essential job functions are made for legitimate business reasons, their impact on employee with a disability does not render the change unlawful. The ADA does not limit an employer’s ability to establish or change the content, nature, or functions of a job. There may be some aspects of each function, however, that are not “essential” to the job, or some possible modification in the way these functions are performed, that would enable the employee to qualify for the new position. The ADA simply requires that an individual with a disability’s qualifications for a job be evaluated in relation to its essential functions to determine if that employee can perform the essential functions, with or without reasonable accommodations. Source: Americans with Disabilities Act Title I Technical Assistance Manual, www.adaportal.org/Employment/Browse_TAM_I/Chapter_II_2-3.html. Do You Have Questions About the ADA? Call the Southeast DBTAC at 1-800-949-4232 (voice/TTY) Recent ADA Circuit Court Decisions in the Southeast Region 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? For a full discussion of this case, visit http://seadata.cotelco.net/ADACaseLaw Development/tabid/411/Default.aspx. I. Introduction It is estimated that just over 26 percent of people in the United States experience a diagnosable mental disorder in a given year. Though common, great stigma remains associated with having a mental disorder. Yet, more than one in three military members returning from service in Iraq seeks mental health services. Focusing on employees with mental disabilities like PTSD, depression, and bipolar disorder, this brief compares employee-favored decisions in the Fourth, Fifth, Sixth, and Eleventh Circuits. States affected by decisions in these circuits include Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee. Discrimination claims brought under the Americans with Disabilities Act ("ADA") in the Fourth and Sixth Circuits have not fared as well as they have in the Fifth and Eleventh Circuit. These cases typically fail when the court does not accept the plaintiff's claim of disability, without addressing the alleged discrimination. II. Plaintiffs with Mental Illness in the Southeast DBTAC Region The Fourth Circuit, in particular, has been very tough on ADA claims. Decisions from the Fourth Circuit are the least likely of all federal circuits to favor the employee claiming disability discrimination. For instance, in Rohan v. Networks Presentation, LLC, the employee had been diagnosed with bipolar disorder, but the court found that the employee's claim could not succeed because her employer did not regard her as disabled. Employees generally do not succeed in Sixth Circuit cases but this Circuit may view employees with mental health issues differently than other circuits. Proof of a diagnosed mental condition is more readily categorized as a disability. In Tubbs v. Formica Corporation and in Joostberns v. United Postal Service, Inc. the employees were diagnosed with bipolar disorder and depression, respectively, and the court accepted these diagnoses as proof of disabilities. The Fifth Circuit requires more proof of mental illness. Unlike the Sixth Circuit, the court is not likely to accept a diagnosis as proof of a disability. For example, in Winters v. Pasadena Independent School District and in Curl v. United Supermarkets, Ltd., employees had been diagnosed with depression and bipolar disorder, respectively, but the court did not accept these diagnoses as proof of disabilities. In Tullos v. City of Nassau Bay, however, the employee had been diagnosed with PTSD, depression, impulse control disorder, and rage disorder, and the court accepted these diagnoses as proof of disability. The cases suggest that multiple diagnoses of mental illnesses may provide the minimum amount of information needed for a successful claim. Of the four circuits examined here, the Eleventh Circuit is considered the most pro-plaintiff. For instance, in Farley v. Nationwide Mutual Insurance Co., the court found in favor of the employee, who had been diagnosed with depression and PTSD, because he continuously endured disability-related jokes, and because he had been discharged due to his disability. III. Conclusion In sum, the Fourth and Fifth Circuits generally are the least likely to find for the employee. In cases where the employee has been diagnosed with multiple severe mental health conditions and well-documented evidence of the employer's knowledge exists, the Fifth Circuit is more likely will find for the employee. The Sixth Circuit, though tough on ADA claims generally, is more likely to examine the alleged discrimination by accepting a doctor's diagnosis as proof of a disability. The Eleventh Circuit is the most likely to accept a medical diagnosis as proof of his disability, and address the discrimination claim. Reassignment as an ADA Reasonable Accommodation in the Manufacturing Industries of the Southeast DBTAC Region: Comparing Appellate Court Outcomes For a full discussion of this case, visit http://seadata.cotelco.net/ADACaseLaw Development/tabid/411/Default.aspx. I. Introduction Federal court decisions involving employment accommodation cases under the American with Disabilities Act of 1990 (ADA) reveal that across the Southeast DBTAC region, federal courts at the appellate level apply a low standard for employees with disabilities to prove a reasonable reassignment accommodation against companies in the manufacturing sector, such as plants, factories, mills, and companies that involves changing or assembling materials. This region consists of: North and South Carolina (Fourth Circuit); Mississippi (Fifth Circuit); Kentucky and Tennessee (Sixth Circuit); and Alabama, Florida, and Georgia (Eleventh Circuit). The ADA forbids a company from discriminating against a qualified employee with a disability because of his disability. Such discrimination includes a company not making reasonable accommodations to the known physical or mental disability of the employee. A reasonable accommodation may be a change to the work environment or job tasks that enables a qualified employee with a disability to perform the "essential functions" of the position. For example, reassignment to a vacant position can be a reasonable accommodation. If a reassignment, however, imposes an undue hardship on the operation of business, then it is not an accommodation that is reasonable. Requirements to prove that a reassignment accommodation is reasonable include: 1) the requested reassignment position is vacant and available; and 2) the reassignment does not conflict with any "non-discriminatory" company policy. II. Reassignment to a Vacant Position In EEOC v. Stowe-Pharr Mills, Inc., the Fourth Circuit Court of Appeals ruled in favor an employee with osteoarthritis who was medically refrained from walking on concrete. In that case, the company, a textile manufacturer, placed the employee on involuntary leave instead of reassigning her to a location with softer floors where she could have performed the essential functions of her job. Similarly, in Kiphart v. Saturn Corp., the Sixth Circuit Court of Appeals reversed a lower court's ruling against an employee who was diagnosed with tendonitis and medically restricted from repetitive use of his hands. In that case, the company, an automobile manufacturer, placed the employee on involuntary disability leave and made him wait over 1300 days until a position that reasonably accommodated his condition was found. The court noted that in previous cases "employers have reasonably accommodated employees through far shorter job searches of only thirty-seven and forty days." In Foreman v. Babcock & Wilcock Co., however, the Fifth Circuit Court of Appeals ruled in favor of a welding and steel fabrication company that did not reassign an employee who, due to his internal pacemaker, was medically restricted from working near welding equipment. In that case, if the employee were granted the reassignment positions he requested, the seniority provisions of a company policy would be violated because the employee lacked the requisite seniority to acquire those positions. Also, the employee did not prove that any of the requested positions were available. Additionally, in Duckett v. Dunlop Tire Corp., a salaried supervisor experienced "dangerously elevated" high blood pressure and requested that he not work as a salaried supervisor, but as a salaried employee in the bargaining unit. The company, however, had a policy against "rolling back" salaried employees into production positions within the bargaining unit. The Eleventh Circuit Court of Appeals held that because the employee's reassignment request to the bargaining unit conflicted with company policy, it was not a reasonable accommodation. III. Conclusion Professor Ruth Colker, who analyzed 720 ADA appellate ADA employment discrimination cases between 1992 and 2000, found that employers prevail in more than ninety-three percent of reported ADA employment discrimination trial court cases and in eighty-four percent of cases that are appealed. She also observed that the Fourth (North and South Carolina) and Sixth (Kentucky and Tennessee) Circuits tend to produce low pro-plaintiff results. In contrast to Colker's study, this brief solely analyzes the issue of reasonable reassignment accommodation. Throughout the Southeast DBTAC region, federal appellate courts require that the proposed position be vacant and not conflict with non-discriminatory company policies. If an employee in this region successfully makes out a claim that he is a qualified individual disability, he likely will find success on an accommodation claim for reassignment if he demonstrates these two requirements. Thus, the reasonable reassignment accommodation may be a more successful accommodation alternative for qualified employees with disabilities working in a manufacturing industry within the Southeast DBTAC region. Subscribe to our monthly e-mail newsletter, the Southeast DBTAC “ADA Headliner” Each month, members of the Southeast DBTAC’s network listserv receive a newsletter dropped directly into their e-mail boxes. This newsletter is designed to keep you informed of important updates about the Americans with Disabilities Act (ADA) and accessible IT in education. To join the listserv, send a message to sedbtacproject@coa.gatech.edu with ‘subscribe’ as the only word in the subject line of the email. A Status Report from the Department of Justice This Status Report highlights the ADA activities of the Department of Justice, primarily in the Southeast Region from July 2005 through March 2006. The full reports are available through the Department’s ADA web site at www.ada.gov/statrpt.htm. Other news about enforcement is excerpted from Disability Rights Online News, a monthly update on the activities of the Civil Rights Division in the area of disability rights, located at ww.ada.gov/newsltr1005.htm LITIGATION The Department may file lawsuits in Federal court to enforce the ADA and may obtain court orders including compensatory damages and back pay to remedy discrimination. Under Title III the Department may also obtain civil penalties of up to $55,000 for the first violation and $110,000 for any subsequent violation. Decisions Supreme Court Upholds Title II Suit Against State Prison - The Supreme Court ruled unanimously in U.S. v. Georgia that a Georgia prisoner could proceed with his Title II suit for damages against the State to the extent that the Title II claim is based on conduct that "actually violates" the Constitution. The Department intervened in this case to defend the constitutionality of ADA Title II suits against State agencies. The plaintiff, who has paraplegia and uses a wheelchair, alleged that his cell was too small for him to maneuver his wheelchair, making it impossible for him to access his bed, toilet, and shower without assistance, and that assistance was often denied. He also claimed that the prison's barriers prevented him from using the prison library, attending religious services, and participating in a wide range of counseling, education, and vocational training programs. The Supreme Court accepted the Eleventh Circuit's ruling that the plaintiff's allegations regarding his inability to move about his cell (and his restraint there for 23 out of 24 hours each day), the refusal of prison officials to assist him with toileting in these circumstances, and the prison staff's deliberate indifference to his medical condition constituted allegations of actual violations of the Eighth Amendment, which bars "cruel and unusual punishment." The State did not dispute, and the Court found "quite plausible," that this alleged conduct also violated Title II. The Court found, however, that the plaintiff did not precisely identify (for the wide range of allegations in his complaint) the alleged conduct that was the basis for particular Title II claims. Because of this lack of precision, the court concluded that it was impossible to determine if any of the Title II claims were based on conduct that did not violate the Constitution. Therefore, the Court refrained from deciding at this time the broader question of the extent to which lawsuits may be brought against States challenging conduct that violates Title II but not the Constitution. The Court remanded the case to the district court to give the plaintiff the opportunity to amend his complaint to identify clearly the alleged conduct underlying each of his claims. District Court Orders Accessibility in AMC Stadium-Style Movie Theaters - The U.S. District Court for the Central District of California approved an order proposed by the Department in U.S. v. AMC Entertainment, Inc., requiring far reaching measures to ensure the accessibility of the cinema chain's stadium-style movie theaters. In an earlier ruling, the court had found AMC in violation of the ADA for failing to locate wheelchair and companion seating in the stadium sections of its stadium-style movie theaters. When the parties could not reach a negotiated agreement on the specific measures needed to ensure accessibility, the Department asked the court to approve its proposed remedies. The order requires AMC to make modifications in nearly 1,200 noncompliant stadium-style auditoriums nationwide, including building ramps in about 350 of these auditoriums; ensure that any stadium-style theater built by AMC over the next five years conforms to specified new construction design standards; pay $200,000 in total monetary relief to the complainants; and pay a total of $100,000 in civil penalties. AMC has appealed the order to the U.S. Court of Appeals for the Ninth Circuit. Consent Decrees Some litigation is resolved at the time the suit is filed or afterwards by means of a negotiated consent decree. Consent decrees are monitored and enforced by the Federal court in which they are entered. Title III U. S. v. Century Management, Memphis, Tennessee - The U.S. Attorney's Office for the Western District of Tennessee entered a consent agreement ensuring that 28 Memphis-area McDonald's restaurants owned by Fred Tillman and managed by Century Management will be accessible to individuals with mobility disabilities and individuals who are blind or have low vision. The consent decree provides for extensive barrier removal in these restaurants, including installing a standard accessible stall or accessible unisex restroom in all restaurants, providing accessible routes from parking and public sidewalks, improving signage, lowering self-service counters and placing dispensers within proper wheelchair reach ranges, and removing protruding objects from circulation paths. The consent order also provides for damages in the amount of $40,000 to the complainant, an individual with a mobility disability who was injured when she attempted to use one of the inaccessible restrooms, and a civil penalty to the United States of $55,000. In a separate settlement agreement, the McDonald's corporation guaranteed that it would carry out the structural changes required by the consent decree in the event that Tillman or Century Management failed to comply. Formal Settlement Agreements The Department sometimes resolves cases without filing a lawsuit by means of formal written settlement agreements. Title II Wilton Manors, Florida - The Department entered an agreement with the City of Wilton Manors to resolve a complaint that the city hall and police department were not accessible to persons with mobility impairments. The city agreed to provide accessible stalls and make other accessibility modifications to the two public restrooms in the city hall. The city also agreed to install accessible handrails for ramps at the entrances to the city hall and police department and for stairs leading to the city council chamber. New Project Civic Access Agreements Signed with the Daviess County Public Library District, Owensboro, Kentucky The District agreed to submit for review by the Department of Justice architectural plans for the new Daviess County Public Library scheduled to be constructed in 2006; ensure that the library's web pages are accessible; notify the public of its policy not to discriminate against individuals with disabilities; identify sources of real-time transcription services and vendors that can put documents in Braille; ensure that all appropriate employees are trained in using the Kentucky relay service; and modify its employment policies to provide that the library will maintain any employee medical records in a confidential manner, separate from personnel files. Title III Huntsville Speedway, Huntsville, Alabama - The Department entered into a settlement agreement with the past and current owners of Huntsville Speedway resolving complaints that the race track lacked accessible parking, toilet rooms, and spectator seating. Under the settlement, the current owner of Huntsville Speedway will make physical modifications to Huntsville Speedway so that parking, ticket counters, toilet rooms for spectators and racers, spectator seating, and routes to spectator seating are accessible to people with disabilities. It will also provide waiter or waitress service for patrons seated in wheelchair accessible seating locations during all scheduled events. In addition, the former owner of Huntsville Speedway will pay a total of $6,250 in monetary relief to the two complainants. McDonald's Restaurant, Huntsville, Alabama - The Department reached an agreement with Johnson Enterprises, LLC, the owner of a McDonald's Restaurant in Huntsville, Alabama, resolving a complaint by an individual alleging that he was refused service because he was accompanied by his service animal. The owner agreed to provide its employees with a written copy of its service animal policy, place a "service animals welcome" sign in its restaurant, provide training to its employees on the ADA and its service animal policy, and pay the complainant $250 in damages. Automated Petroleum and Energy Company, Inc., Brandon, Florida - The Department entered an agreement with Automated Petroleum and Energy Company, Inc., the owner and operator of three Florida gasoline service stations with convenience stores - Ocala Chevron Station, Inverness Chevron Station, and Dade City CITCO Station - resolving complaints that the company failed to remove architectural barriers. The company agreed to a wide variety of measures; including adding van-accessible spaces; reconfiguring entrances; rearranging furniture to provide accessible aisles; and providing accessible restrooms by widening doorways, adjusting the height of lavatories, installing accessible hardware, adjusting the height of dispensers, and installing grab bars. City Cab Company, Crestview, Florida -The Department signed an agreement with City Cab resolving a complaint alleging that the taxi provider denied services to a blind passenger because the passenger was accompanied by a service animal. City Cab agreed to adopt a policy requiring all drivers to transport individuals accompanied by service animals and to provide the complainant with complimentary taxi services for a period of one year. Other Settlements The Department resolves numerous cases without litigation or a formal settlement agreement. In some instances, the public accommodation, commercial facility, or State or local government promptly agrees to take the necessary actions to achieve compliance. In others, extensive negotiations are required. Following are some examples of what has been accomplished through informal settlements. Title III An individual who uses a service animal complained that a Florida sports bar refused to allow him into the facility with his service animal. The bar owner agreed to post a service animal policy and to confirm publicly that persons accompanied by service animals are welcome at the sports bar. An individual who uses a service animal complained that an Alabama grocery store refused to serve her while accompanied by her service dog. The grocery store, part of a regional grocery store chain, agreed to train its employees on the requirements of the ADA. In addition, the facility agreed to return photographs of the complainant with her service animal taken by store employees. MEDIATION Under a contract with the Department of Justice, The Key Bridge Foundation receives referrals of complaints under Titles II and III for mediation by professional mediators who have been trained in the legal requirements of the ADA. Over 80% of the cases in which mediation has been completed have been successfully resolved. Following are recent examples of results reached through mediation in the Southeast Region. In Georgia, a person who is deaf complained that a regional medical facility that provides services for individuals who are HIV-positive failed to provide an interpreter. The facility agreed to provide sign language interpreters for all appointments and to give patients a choice of interpreters due to the sensitive nature of the visits. The facility will also provide disability-related sensitivity training for all staff, post information about a patient's right to an interpreter, and evaluate the provision of interpreters on an on-going basis. A wheelchair user complained that the check-out aisles of a Georgia grocery store were not accessible and that store employees refused to assist him when he was unable to use the check-out aisle. The grocery store made all check-out aisles accessible, and the complainant agreed to participate in quarterly staff meetings to provide disability sensitivity training to employees. In Georgia, an individual with a mobility disability alleged that a mall failed to provide adequate accessible parking. The mall added four additional accessible spaces, including access aisles and signage. In South Carolina, a person who is deaf complained that a hospital did not provide an interpreter. The hospital agreed to provide interpreters upon request and to have ongoing staff training concerning deaf culture, hospital policies governing effective communication, and implementation of those policies. A wheelchair user complained that the check-out aisles of a Georgia grocery store were not accessible and that store employees refused to assist him when he was unable to use the check-out aisle. The grocery store made all check-out aisles accessible, and the complainant agreed to participate in quarterly staff meetings to provide disability sensitivity training to employees. In South Carolina, a disability advocacy group complained that a restaurant housed in a historic building was inaccessible. The restaurant renovated both restrooms and installed an accessible ramp so that all sections of the restaurant are now accessible. In Mississippi, a wheelchair user complained of several accessibility issues in her town. The town installed accessible parking and accessible routes at the fire and police departments, city hall, city auditorium, health department, and electric department; and accessible restrooms in city hall. The town also provided curb cuts at intersections along the main street and near five central businesses. Other Enforcement News Kmart Settles Suit Over Access: It will pay $13 million to resolve claims that it violated the ADA. Kmart Corp. agreed to pay $13 million to settle a class-action lawsuit accusing the retailer of ignoring federal regulations that govern access for disabled customer. The settlement, if it wins a judge's approval, would be the largest ever under terms of the Americans with Disabilities Act. The agreement, which plaintiffs' lawyers said could affect hundreds of thousands of Kmart customers, would allot $12.1 million in damages to class members in California. The remainder would go to plaintiffs in six other states. Kmart also agreed to spend as much as $70 million in the next eight years to bring stores around the country into compliance with federal standards for merchandise placement, counters, restrooms, fitting rooms and parking lots. The retailer operates 1,400 stores nationwide, including 108 in California. The suit, filed in 1999 in U.S. District Court in Denver, came to a standstill in early 2002 after Kmart filed for bankruptcy protection. The case resumed after the company emerged from Chapter 11 in May 2003. EEOC Wins Disability Bias Suit Against Fedex: Jury Rules Federal Express Must Pay $108,000 for Failure to Accommodate Deaf Employee A federal jury found in favor of the U.S. Equal Employment Opportunity Commission (EEOC) in its employment discrimination lawsuit against Federal Express Corporation (FedEx) for violating the Americans with Disabilities Act of 1990 (ADA). EEOC had charged the Memphis, TN-based global shipping giant with failing to provide a reasonable accommodation to Ronald Lockhart, a profoundly deaf employee who worked as a package handler at the company's Baltimore Ramp. The suit charged FedEx with violating the ADA when it failed to provide reasonable accommodations to Lockhart in the form of American Sign Language interpreters, despite his repeated requests. The jury found FedEx liable for punitive damages in the amount of $100,000 for its knowing failure to accommodate Lockhart as well as compensatory damages of $8,000 for the loss of the accommodation itself. EEOC's lawsuit was filed in U.S. District Court for the Northern District of Maryland on September 30, 2004 (Case No. 04 CV-3129) after the agency first attempted to reach a voluntary pre-litigation settlement. Did You Know ... In Fiscal Year 2005, the EEOC received 14,893 charge filings from individuals alleging disability discrimination, filed 46 ADA lawsuits against employers, and recovered more than $48 million in total monetary benefits through enforcement and litigation. New Publications and Online Resources Check out the Southeast DBTAC publication section at www.sedbtac.org/ada/publications/index.php for a list of available information about the ADA. Direct links to many documents are included to assist you in accessing important and accurate information. Rebuilding Accessible Communities www.adata.org/rac/index.aspx A new initiative is underway to promote accessibility in the rebuilding of communities destroyed by last year's hurricanes. Rebuilding Accessible Communities, a joint venture of the DBTACs and the U.S. Access Board, is focused on developing and distributing guidance on achieving accessibility in reconstruction projects. The Rebuilding Accessible Communities effort was conceived as an opportunity for community groups, advocates and the building industry to collectively reconstruct communities in a way to be accessible to all. The new website, an initial step of this program, currently provides answers to common questions that have arisen in work to rebuild devastated areas as well as links to existing sources of information. Additional resources, best practices and advisory information will be posted to this site as they become available. ADA Guide for Local Governments: Making Community Emergency Preparedness and Response Programs Accessible to People with Disabilities www.usdoj.gov/crt/ada/emergencyprep.htm A newly revised and expanded publication prepared by the U.S. Department of Justice to assist local government planners, first responders, and emergency staff prepare for and meet the unique needs of people with disabilities during natural and civil emergencies. Promising Practices in Information Technology Accessibility in K-12 Education in the Southeast Region www.sedbtac.org/ed/edaction/promising_practices_K12.doc This publication describes six leadership initiatives supported by the Southeast DBTAC over a two-year period to improve access to information technology for students with disabilities in the K-12 arena. This report identifies these projects, highlights the development and implementation of each project, and reports on project outcomes. Barriers common to these projects and cross-project findings are also presented in this report. ADA Standards for Accessible Design www.ada.gov/stdspdf.htm Posted on the Internet in Acrobat PDF format with formatted text and graphics, and links to figures, graphics and cross-referenced sections. New ADA Accessibility Guidelines Side-by-Side Comparison www.access-board.gov/ada-aba/comparison/index.htm The Access Board has issued a comparison between the new ADA Accessibility Guidelines (ADAAG), the original ADA Standards for Accessible Design, and the International Building Code. This side-by-side comparison is arranged and ordered according to the format and sequence of the new ADAAG, which the Board published in July 2004. Provisions in the ADA Standards maintained by the Department of Justice, which currently are based on the original ADAAG (1991), are provided alongside corresponding sections of the new ADAAG. Questions and Answers about Deafness and Hearing Impairments in the Workplace and the Americans with Disabilities Act www.eeoc.gov/facts/deafness.html This document is part of a question-and-answer series addressing specific disabilities in the workplace. It explains how the ADA might apply to job applicants and how employees with a hearing impairment can file a claim against an employer under the ADA or the Rehabilitation Act. Accommodation for Attorneys with Disabilities www.eeoc.gov/facts/accommodations-attorneys.html The EEOC advises creating a climate in which people with disabilities will feel free to be open about their condition and request accommodations. Many stories taken from real life are used to illustrate the agency's guidelines. For example, an attorney with macular degeneration requested and was granted the services of a reader to help him cope with the many documents he reviewed daily. Another attorney with deteriorating hearing used a hearing aid, but because it only helped her in conversing with one person at a time it was useless for meetings. The firm installed an assistive listening system in the conference room that amplified speakers' voices in the headset the attorney wore, without its affecting anyone else. Police Response to People with Disabilities, Eight-Part Series www.ada.gov/policeinfo.htm#Anchor-VIDEO-11481 Designed for use in roll-call training, this videotape addresses 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. The eight segments range from 5 1/2 to 10 1/2 minutes in length. Communicating with People Who Are Deaf or Hard of Hearing: A Guide for Law Enforcement Officers www.ada.gov/lawenfcomm.htm Model Policy for Law Enforcement on Communicating with People Who Are Deaf or Hard of Hearing www.ada.gov/lawenfmodpolicy.htm Americans with Disabilities Act: Information for Law Enforcement www.ada.gov/policeinfo.htm Newly Revised ADA Game www.adagame.org The ADA Game is now better than ever with the Southeast Region fast becoming the most accessible area of our country. Log on today and check out the new features. ADA Document Center www.ADAportal.org A new on-line library of ADA documents developed by Meeting the Challenge Inc. of Colorado Springs with funding from the National Institute on Disability and Rehabilitation Research. This website makes available more than 7400 documents related to the ADA, including those issued by Federal agencies with responsibilities under the law. It also offers extensive document collections on other disability rights laws and issues. ADA Audio Conferencing Series www.ada-audio.org The Audio Conference Series is a collaborative project of the 10 Regional Disability and Business Technical Assistance Centers coordinated by the Great Lakes ADA and Accessible IT Center. ADA Audio Conferencing provides continuing education on regulations and trends under the Americans with Disabilities Act. Affiliates use this forum as an opportunity to address local accessibility issues and concerns by inviting members from their communities to first listen to the audio conference and then engage in follow up discussions. Newly Revised Online Course - At Your Service: Welcoming Customers with Disabilities To Your One Stop www.wiawebcourse.org. This free course is designed to increase understanding of the needs and experiences of people with disabilities, develop basic etiquette for interacting with a customer who has a disability, and offer suggestions about how to adjust general customer service standards to meet the needs of the customer with a disability in a One Stop Center environment. Bloques de Fundacion Basicos de la ADA (Spanish Version of the DBTAC ADA Basic Building Blocks Course Is Now Available!) www.adabasics.org/index_sp.php (Spanish) www.adabasics.org (English) This popular introductory web-based course on the Americans with Disabilities Act of 1990 (ADA) is now available in English and Spanish. The course 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, you may be eligible to earn CRCC credit, a certificate and one CEU if you meet ALL established criteria. The course is free, however, a $50.00 CEU fee is required to receive continuing education credit. Enabling Coverage of Disability People with disabilities want to see themselves in your coverage Use these tips to do it right By Susan M LoTempio The most frustrating part of my job as a readership editor is hearing people complain that they don't read the newspaper because there's nothing in it that reflects their day-to-day lives. Here's the irony: I have the same complaint. I'm a wheelchair user who has worked in newsrooms for 30 years. And, not for lack of trying, I haven't had much success getting stories written about the things that affect me - and people like me - every single day. Things like: * Access to public places; * Subtle and not-so-subtle discrimination; * Poor medical care; and * Lack of recreational opportunities. One in five Americans has a disability, according to the last census (www.census.gov/hhes/www/disability/disability.html). That number may mushroom, as baby boomers hit their 60s and face the life-changing health challenges that come with aging. Still, most reporters shy away from writing stories about disability. They think they're too hard to do. Reporters worry they'll say something during an interview that might offend a person who appears fragile. They worry about getting the jargon and medical terminology right. Many editors don't assign stories about disability because they're "downers" - the opposite of "inspirational" stories, which are perceived as good news. In-depth coverage of disability issues requires no more effort or skill than any other story. First, do your homework. Then report, ask, research and report some more. On the homework side of the equation, let me offer some guidance. Understand who falls under the definition of disabled. A person with a disability is generally defined as someone who has a physical or mental impairment that substantially limits one or more "major life activities" -˙ such as working, caring for one's self, walking, seeing or hearing - has a record of such an impairment or is regarded as having such an impairment. How do you interview a person with a disability? The basics apply. Conduct the interview in a place that's convenient for both of you. Ask if there's any special arrangement that needs to be made (a site with no steps or a sign-language interpreter). Be open, honest and don't be afraid to ask the obvious. That's certainly more productive than ignoring something that might affect the quality of the interview. Also: * Focus on the person you are interviewing, not his or her disability. Speak directly to your subject, not to his or her companion or interpreter. * Ask before giving assistance. Wait for the answer before doing anything (such as pushing the wheelchair that the interview subject is using). * When talking to someone with a hearing loss, face him or her and don't cover your mouth. * When meeting an interview subject with a visual disability, identify yourself verbally. If he or she has a service animal or guide dog, don't praise, pet or talk to the animal. * A wheelchair, or other assistive device, is part of a person's body space. Don't lean on or touch the wheelchair, unless the person asks you to. How do I know the right words to use? The words a journalist uses can either reinforce stereotypes or help to correct them. These guidelines should help you use the correct terminology. But if you're in doubt, ask the person you are interviewing for the terms he or she prefers. * Avoid emotionally charged (and inaccurate) words, such as suffers from, afflicted with and victim. * Emphasize the person, not the disability. For example, use man with epilepsy, not epileptic, woman with diabetes, not diabetic. * Avoid generic labels like the deaf or the blind. Instead, use people who are deaf, or children who are blind. * Don't use condescending euphemisms or "cute" terms like handicapable, mentally different, or physically challenged. * Never use cripple when referring to a person. And don't use confined to a wheelchair. Instead, use person with a disability or person who uses a wheelchair. * Beware of the word special. It is too often used to describe separate, such as special buses for the disabled or special bathrooms. It's more accurate to write separate buses (or bathrooms) for the disabled. Even more important, avoid referring to people and children with disabilities as special. It is considered patronizing and condescending. * Non-disabled is the appropriate term for people without disabilities, not normal, healthy or whole. And one last suggestion: When doing stories about disability, talk to people with disabilities. Sure, that seems obvious. But you'd be surprised at how often reporters talk to those who "speak for" people with disabilities - doctors, teachers, researchers and bureaucrats - but never to those at the center of the story. One of the most degrading stereotypes is that we can't speak for ourselves. Journalists can certainly help change that misperception. Reprinted with permission: Copyright 1995-2006 The Poynter Institute (www.poynter.org/column.asp?id=58&aid=100424) ADA Pipeline is online! www.sedbtac.org/ada/publications/pipeline.php Are you looking for accurate information about the ADA and accessible IT for your newsletter? Back issues of the ADA Pipeline newsletter are now available online at the Southeast DBTAC's website. You are encouraged to reprint the information contained in each issue in your own newsletter, with proper acknowledgment given to the Southeast DBTAC. Contact Information SOUTHEAST DISABILITY & BUSINESS TECHNICAL ASSISTANCE CENTER Center for Assistive Technology and Environmental Access 490 10th Street Atlanta, Georgia 30318 ADA Pipeline is published by the Southeast Disability and Business Technical Assistance Center (Southeast DBTAC) Center for Assistive Technology and Environmental Access 490 10th Street Atlanta, Georgia 30318 (800) 949-4232 (V/TTY) (404) 385-0636 (V/TTY) (404) 385-0641 (Fax) sedbtacproject@coa.gatech.edu www.sedbtac.org