September 2025
Volume 18 Issue 11
Rocking Your Rentals—ABA Accessibility and Leased Facilities
A Legal Update on Associational Discrimination in Education and Employment Environments
Sexual Education, Disability, and the Law: Understanding the ADA’s Role
September 8-12th was Voting Disability Rights Week. Did you know that there are several federal laws that protect the rights of voters with disabilities in addition to the ADA? These laws include:
Learn more about accessible Voting and Polling Places.
2025 Fall ADA Coordinator Virtual Conference
ADA Coordinator Training Certification Program (ACTCP) announced its Fall ADA Virtual Conference will take place on October 20th to 22nd. Membership in the ACTCP program is not required. Registration is open until October 10th.
AI Hiring Tools Elevate Bias Danger for Autistic Job Applicants
AI-enabled interview tools and algorithmic personality tests risk employment discrimination against autistic job seekers and raise potential ADA violations. Learn more about these bias dangers.
Disability Criminalization: A Primer
The authors of article show how people with disabilities are disproportionately policed, prosecuted, and incarcerated for conduct linked to disability. This American Criminal Law Review introduces the concept of disability criminalization to legal scholarship and argues that Critical Disability Studies provides a crucial framework to challenge it.
Countdown to NDEAM
This upcoming October is the 80th anniversary of National Disability Employment Awareness Month (NDEAM). U.S. Department of Labor has many resources aimed at employers and employees for NDEAM and are free to download.
Sensory-Friendly Travel at Chicago’s Airports
The Chicago Department of Aviation (CDA) announced new sensory maps and other resources designed to help neurodivergent travelers, specifically those who experience sensory sensitivities, feel more comfortable and confident in their journeys through Chicago’s airports. The digital resources are available to download and share at FlyChicago.com/Sensory.
The Obama Presidential Center’s Commitment to Accessibility
To build a campus that welcomes and supports all visitors, Presidential Center designers worked with stakeholders, activists, and experts to create an inclusively designed destination that meets or exceeds the standards set forth by the ADA, the state of Illinois, and Chicago. The Center is on track to become a standard-bearer in inclusive design, offering visitors several accessibility options that range from visual, mobility, and hearing support to sensory assistance.
Noblesville Family & HOA Clash Over Ramp for Paralyzed Teen
Corban Phillips, a teen who was partially paralyzed in a trampoline accident at gymnastics practice in August 2024, and his family are facing difficulties getting approval from their homeowners' association for a safe wheelchair ramp. Parents say HOA is more concerned about aesthetics than safety.
South Bend International Airport Added to Interactive Map App for Accessible Travel
The South Bend International Airport launched GoodMaps on Wednesday. GoodMaps is an interactive digital map that offers real-time guidance for everyone, especially those with disabilities. South Bend is the first airport in Indiana to offer the service. The free app also offers help in 18 languages.
MDCR Files Charge of Discrimination Against Restaurant in Clinton Township
Michigan Department of Civil Rights (MDCR) investigation determined that Big George’s Coney, Inc. denied a customer service due to a service animal and refused to consider an accommodation to a disability. Both decisions violated Michigan’s Persons with Disabilities Civil Rights Act (PWDCRA). As a result, MDCR filed a formal charge of discrimination on August 18, 2025.
Letter from Chair of MI Civil Rights Commission Addresses MDCR Budget
Michigan (MI) Senate has adopted a budget that keeps Michigan Department of Civil Rights (MDCR) funding at its current levels, with no elimination of staff. However, the MI House of Representatives proposal is to cut funding by 53%. If that were to be enacted, MDCR would lose over half of their investigators, making it much harder to handle the 700+ complaint contacts received each month. MDCR’s work to support people with disabilities would also suffer. Recent funding allowed MDCR to expand ADA trainings, review documents for accessibility, and process more service animal requests. That progress would be lost.
New Study Reveals Gaps in Autism Diagnosis for Girls
Researchers at the University of Minnesota recently discovered the most compelling evidence to date that girls present with different symptoms of autism spectrum disorder (ASD) compared to boys — highlighting the need for new and innovative approaches to improve diagnostic practices.
Students with Disabilities Transition to Workplace in Project SEARCH
Students with intellectual or developmental disabilities are developing career skills during a one-year internship program through Project SEARCH at Ohio Health Mansfield Hospital. Project SEARCH was created at Cincinnati Children's Hospital Medical Center as a total workplace immersion program composed of classroom instruction, career exploration and hands-on training to help students develop work skills.
OOD Hosted Second Annual Accessible Ohio Conference & Expo
Last month, Opportunities for Ohioans with Disabilities (OOD) hosted Accessible Ohio Conference & Expo which brought together a variety of stakeholders to explore accessibility solutions, resources, and best practices. In his remarks, Governor DeWine emphasized Ohio's dedication to being a Disability Inclusion State and Model Employer of Individuals with Disabilities. He highlighted that the Accessible Ohio program aims to prioritize accessibility and promote inclusiveness across the state.
Lawmakers Introduce Bill to Assist Disabled Residents
A bill seeks to secure disability insurance access for disabled residents. The proposed legislation codifies a court decision that determined that a Wisconsin law that barred individuals from receiving Social Security Disability Insurance (SSDI) and Unemployment Insurance (UI) payments at the same time was in violation of the Americans with Disabilities Act and the Rehabilitation Act.
Dept. of Ed. Cancels Grants that Support Deafblind Students
U.S. Department of Education has abruptly terminated nearly $11 million for two grant programs that have been helping Wisconsin serve children with vision and hearing loss and others receiving special education services, according to the Wisconsin Department of Public Instruction.
Real Connections, Real Change: Empowering Abilities in Action
When someone is in crisis, what first responders know before they arrive can make all the difference. That's why Milwaukee Police launched the SAFER program, designed to provide officers with crucial information about individuals with mental health conditions, disabilities, or special needs before responding to calls. When a call comes in, officers now have access to more than just an address. A SAFER alert can include a person's diagnosis, triggers, communication style, and the safest way to approach them.
Advancing Court Accessibility for Individuals with Disabilities
This comprehensive guide was developed by the Southwest ADA Center to empower court personnel to meet the disability needs of court users. it can also be used by court users with disabilities and others to understand how the ADA applies to the judicial system. Read this comprehensive guide on Advancing Court Accessibility for Individuals with Disabilities.
Adobe Tools for Accessibility
Adobe is a software that is widely used to create portable document formats, or PDFs as they are commonly known. But did you know that they also offer free accessibility tools like a color contrast analyzer and a free optical character recognition (OCR) tool that can help turn image-based PDFs into searchable documents? Check out these tools and Adobe’s guidance on creating accessible PDFs.
Data Report on the Direct Service Workforce for Aging Adults and People with Disabilities
The 2023 National Core Indicators Aging and Disabilities (NCI-AD) Survey Report was recently issued. This survey collects comprehensive data on provider agencies and the Direct Service Workers (DSW) providing services to older adults and people with physical disabilities. It features information on three states from our region: Illinois, Indiana and Wisconsin. Read the report to learn how states can measure challenges and monitor improvements in their direct service workforce.
Answer: The Department of Justice (DOJ) has stated that service animals must stay on the floor or a person may carry their service animal. For example, a common task for diabetic alert dogs is detecting changes in their handler’s blood sugar levels through scent. These service dogs may need to be carried in a chest pack so they can be close to their handler’s face to smell their breath and alert them to changes in their blood sugar.
The ADA gives people with disabilities the right to be accompanied by their service animal, but covered entities are generally not required to allow a service animal to use items provided for customer use only.
Resource(s):
Learn more by visiting our ADA Frequently Asked Questions.
According to the lawsuit, Silver Cross Hospital failed to provide a reasonable accommodation to employees who requested to be exempt from receiving the COVID-19 vaccine because of religious and disability reasons. The hospital denied both employee’s requests for accommodation and retaliated against them, either by firing them or forcing them to quit, even though each could have been accommodated without undue hardship, according to the EEOC’s lawsuits.
EEOC v. Zoe Center for Pediatric & Adolescent Health, LLC (Zoe Pediatrics)
Zoe Pediatrics agreed to pay $70,000 to settle a disability discrimination and retaliation lawsuit. The suit charged that an employee requested a reasonable accommodation of one day of leave, one week of remote work, and then a modified schedule of working remotely three days per week due to her disabilities. The employee could have performed her job responsibilities within the proposed modified work schedule. However, Zoe Pediatrics denied the employee’s request and terminated her employment.
Sarafina Network, a management company for gas station convenience stores, will pay $40,000 and furnish other relief to settle a disability discrimination lawsuit. According to the suit, store managers, employees and customers routinely mocked a neuro-divergent cashier with eye problems, anxiety, and a seizure disorder. The lawsuit further charged that after receiving complaints about the harassment, the store manager responded by demanding that the employee provide a medical release related to a seizure episode. The employer subsequently refused to accept a medical release tendered by the employee and proceeded to terminate him. The business failed to maintain any anti-harassment or anti-discrimination policies or train employees about their obligations under federal anti-discrimination laws, the EEOC said.
EEOC v. Criswell Chevrolet, Inc.
Criswell Chevrolet, an automobile dealership, will pay $30,000 and provide other relief to settle a federal disability discrimination lawsuit. EEOC charged that Criswell Chevrolet violated federal law by refusing to allow a worker with post-traumatic stress disorder (PTSD) to have a service dog with him at work, leaving him no choice but to leave his employment.
Kwik Trip Inc., a family-owned gasoline station and convenience store with over 800 locations in the upper Midwest, agreed to provide $35,000 to a former employee and committed to provide additional training on equal employment opportunity, including ADA training for all employees and managers to resolve a finding of disability discrimination. EEOC will monitor compliance with these obligations for the next two years.
Ohio-based ViaQuest, and its affiliates will pay $175,000 and implement significant injunctive relief to resolve a disability discrimination charge. The investigation found that ViaQuest discriminated and retaliated against an applicant by denying her a reasonable accommodation during the hiring process and refused to employ her because of her disability.
EEOC v. Sam’s East, Inc. and Walmart Inc. (Sam’s Club)
Sam’s Club will pay $60,000 and undertake remedial measures to settle a disability discrimination lawsuit. According to the suit, Sam’s Club refused to let a longtime employee return to her associate position following a medical leave of absence related to an automobile accident. The employee sought reasonable accommodations for her disabilities and successfully performed a shift with restrictions upon her return. However, the supervisor later said she could not work with restrictions and would instead need to take another leave of absence until she could work without any restrictions. Sam’s Club then denied the employee’s requested leave and fired her. The store’s general manager told her Sam’s Club would not accommodate her injuries because they occurred outside of work.
A federal appeals court has ruled in favor of two medically fragile children from Indiana and their families who are fighting changes made by the state FFSA to a Medicaid waiver program. The Indiana Disability Rights and the ACLU of Indiana in May 2024 filed the lawsuit, arguing that the FSSA’s policy change violated the ADA by risking institutionalization of the children. The U.S. Seventh Circuit Court of Appeals on Aug. 11th affirmed a district court's prior preliminary injunction in favor of the families who sued. The decision means that two Indiana mothers can continue to serve as paid providers of “attendant care” for their children.
DOJ v. North Carolina Department of Adult Corrections (NCDAC)
DOJ entered into a settlement agreement with the NCDAC to ensure that incarcerated individuals who are deaf or hard of hearing have equal access to NCDAC’s programs, services, and activities, including educational, counseling, recreational, vocational training, and religious services. Under the agreement, NCDAC will provide inmates with hearing disabilities appropriate auxiliary aids and services, such as sign language interpreters, video telephones, visual notification systems, and hearing aids. NCDAC will also develop individualized communication assessments and plans; provide training on the ADA to staff.
DOJ v. Metro Nashville Public Schools (MNPS) and Ross Early Learning Center (Ross ELC)
As part of a settlement agreement, MNPS and Rose ELC agreed to modify the District’s policies, practices and/or procedures to permit the use of continuous glucose monitors (CGM) by children diagnosed with Type 1 Diabetes (T1D), to purchase or use existing equipment to monitor blood glucose alerts transmitted from CGMs of children with T1D, to ensure that school nurses and other appropriate trained staff members monitor blood glucose alerts transmitted by the CGM during the school day and during school-sponsored activities. MNPS also will pay the complainants $1,000 as part of the resolution
DOJ Launched Investigation into FlixBus and Greyhound
DOJ opened an investigation after receiving complaints that FlixBus and Greyhound violated the ADA rights of people with disabilities. Complaints alleged that FlixBus and Greyhound failed to properly maintain lifts on buses, refused to assist passengers with disabilities with using lifts, refused to allow service animals to accompany passengers with disabilities or improperly asked for documentation, abandoned customers with disabilities between legs of their journey, and failed to allow and assist passengers with disabilities to leave and return to the bus at rest stops, among other allegations.
Individuals that believe they have been a victim of disability discrimination by FlixBus or Greyhound, are encouraged by DOJ to file a complaint with the Civil Rights Division online at https://www.ada.gov/file-a-complaint/ ,or by calling the Department’s toll-free ADA Information Line at 1-800-514-0301(1-833-610-1264 (TTY)).
