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The Chronicle Newsletter:

Resources of the Month

March 2024
Volume 17 Issue 5


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Resource Highlights

Person transferring from patient bed to wheelchair

Mobility-Friendly Travel Guide


Are you planning a Spring Break trip? Do you or does someone in your travel group have mobility limitations? The National Council on Aging (NCOA) has provided a helpful guide for planning mobility-friendly travel.

National Council on Disability Logo

Making AI Hiring Tools More Inclusive


Through March 11, you can take part in a national online dialogue about ways to make artificial intelligence (AI)–enabled hiring tools more inclusive for people with disabilities. The online dialogue will gather public input to build a profile on inclusive hiring that is based on the National Institute of Standards and Technology’s AI Risk Management Framework.

Shovel and snow pile next to sign with the international symbol of accessibility

The A to Z of Disabilities and Accommodations


Did you know that this resource from the Job Accommodation Network (JAN) can suggest accommodations by disability, limitation and job function? Here are some examples of suggested accommodations for conditions like Cerebral Palsy and Traumatic Brain Injury (TBI).

Food on a plate wrapped in measuring tape

Developmental Disabilities Awareness Month


The theme for this year is "A World of Opportunities" for people with developmental disabilities. Check out the resources and promotional materials provided for this year's celebration. Individuals can also register for the World Congress of the International Association for the Scientific Study of Intellectual and Developmental Disabilities (IASSIDD) which will be held this year in Chicago, Illinois from August 5-8.


Q&A of the Month

Is a state or local government required to modify its policies? Image of the U.S. flag, a government building and a check for yes and cross for no

Question: Is a state or local government always required to modify its policies when requested by a person with a disability?

Answer: No. A state or local government (a.k.a. a public entity) only needs to make "reasonable" modifications in its policies, practices, or procedures to avoid discrimination and provide equal opportunity.

If the public entity can demonstrate that a requested modification would fundamentally alter the nature of its service, program, or activity, it is not required to make the modification. A fundamental alteration is something that would change the essential nature of the entity’s programs or services. For example, a local government would not be required to move a beach volleyball tournament to an indoor court.

A state or local government is also not required to take an action that would result in an undue financial and administrative burden. This means that the request would be too expensive and difficult to provide.

Rules that are necessary for the safe operation of a program, service, or activity are also allowed and can be enforced, but they must be based on actual risk, not on assumptions, stereotypes, or generalizations about people who have disabilities. For example, a parks and recreation department may require all participants in their agency-sponsored white-water rafting event to pass a swim test. It would not be a "reasonable" modification to eliminate this safety policy for a person with a disability due to the actual risk of harm to someone who cannot swim to safety if their raft capsizes. However, it would also not be acceptable to only apply this safety policy to people with disabilities.

If a requested modification would not be reasonable, a state or local government has a responsibility to look at alternative modifications that would be reasonable, effective and provide access to the greatest extent possible.

Resource(s):

Learn more by visiting our ADA Frequently Asked Questions.


ADA Cases


Title I - Employment


U.S. Equal Employment Opportunity Commission Seal

EEOC v. McLane/Eastern, Inc., Doing Business As "McLane Northeast"


McLane Northeast, a New York distribution company, will pay $1.675 million after being charged with refusing to interview and hire a qualified deaf applicant for two warehouse jobs.


EEOC v. Covenant Woods Senior Living, LLC and BrightSpace Senior Living, LLC


Covenant Woods retirement community in Columbus, Georgia, has been charged with violating federal law when they fired a 78-year-old employee from her position as a receptionist because of her age and disability.


EEOC v. Tech Mahindra (Americas) Inc.


Tech Mahindra, Inc., a New York-based IT services company, will pay $255,000 to a job applicant to settle a disability discrimination lawsuit. According to the suit, once Tech Mahindra realized that an applicant was deaf and using an interpreter, they ended the interview and sent an email claiming that having an interpreter on-site would "be a challenge."


EEOC v. Pete's Car Smart, Inc.


Texas dealership Pete’s Car Smart will pay $145,000 to settle an age and disability discrimination lawsuit. The suit alleges that an employee that went on leave for heart surgery in early 2021 was told by the employer in the days leading up to her return to work that she needed to retire, or she would be fired, because he did not feel she could do her job any longer.


EEOC v. Hospital Housekeeping Systems, LLC


Hospital Housekeeping Systems, LLC, a provider of housekeeping, food and facilities support based in Texas, will pay $520,000 as part of the settlement of a disability discrimination lawsuit. According to the suit, the company required employees to take the Essential Functions Test (EFT) at hire, annually, and upon return from medical leave, even when portions of the test were not job-related. The employer also fired employees who failed the test even if they could successfully perform their essential job functions.


EEOC v. Atlantic Property Management Corporation


Atlantic Properties Management Corporation and its affiliate, Diversified Funding, Inc., property management companies in Boston, allegedly violated federal law by failing to provide a reasonable accommodation to a new hire with breast cancer and subsequently withdrawing her job offer.


EEOC v. Voyant Beauty, LLC


Voyant is charged with terminating an employee on her first day of work at their Countryside, Illinois location after learning that she is deaf. The company terminated the employee even though she was qualified for the job and could have performed its essential functions with or without accommodation.


EEOC v. ADT Pizza, Doing Business As "Pizza Hut"


The EEOC investigation found that ADT Pizza discriminated against an employee by subjecting her to unwelcome and derogatory comments by a member of management based on her disability and that she was discharged because of the harassment. They have agreed to pay $13,083.75 in damages and $1,916.25 in backpay to resolve the charge.


Title II - State and Local Government


Department of Justice Seal

DOJ v. Unified Judicial System of Pennsylvania (UJS)


The Unified Judicial System of Pennsylvania (UJS) to resolve allegations that UJS courts violated the ADA by preventing individuals under court supervision from taking lawfully prescribed medication to treat opioid use disorder (OUD). Under the agreement, UJS courts will pay $100,000 to victims, and encourage all its component courts to adopt new policies and train personnel on the ADA’s anti-discrimination requirements regarding OUD.


DOJ v. Lincoln Public Schools (LPS)


The Nebraska school district, Lincoln Public Schools (LPS), violated the ADA by denying some deaf and hard of hearing students an equal opportunity to attend their neighborhood schools. Following a Department of Justice (DOJ) investigation, the department found that when LPS believes that a student needs American Sign Language (ASL) interpretation, they require the student to attend a cluster school serving deaf and hard of hearing students. Watch this ASL video describing the DOJ findings.


DOJ v. The State of Tennessee and the Tennessee Bureau of Investigation (TBI)


The Department of Justice (DOJ) has filed a lawsuit after notifying Tennessee and the TBI that they violated the ADA by enforcing the state’s aggravated prostitution statute against people living with human immunodeficiency virus (HIV). The department’s investigation found that the state and TBI subject people living with HIV to harsher criminal penalties solely because of their HIV status, violating Title II of the ADA.


Title III - Places of Public Accommodation


Department of Justice Seal

DOJ v. MedStar Health, Inc.


A complaint against MedStar, a leading health care provider in Maryland and Washington, D.C., alleges that they violated the ADA by excluding necessary support persons from attending appointments with patients who have disabilities. Under the proposed consent decree, MedStar Health has agreed to pay a total of $440,000 to compensate multiple affected individuals.


Statements of Interest


Voting Sticker

DOJ Files Statement in Case Alleging that Georgia Voting Law Discriminates Against Voters with Disabilities


The Justice Department has filed a statement of interest explaining how the ADA’s equal opportunity and reasonable modification requirements apply in the voting context. The statement of interest was filed in a consolidated lawsuit challenging restrictions on absentee and in-person voting under Georgia Senate Bill SB 202. To learn more about protecting the right to vote under the ADA, please refer to the DOJ webpage on Voting and Polling Places.



Stay Connected

Follow us on Facebook, Instagram, LinkedIN, YouTube and TikTok to learn about the latest in ADA and disability news.

Check out a recent post, image and caption below:

Race Disability Employment. A collage of hands in various shades of brown, one with vitiligo, as well as a white cane, prosthetic arm, hearing aid, and job resume.
Check out this research brief on Race, Disability and Employment. This brief was released in 2021 from researchers at the Department of Disability and Human Development in the University of Illinois at Chicago (UIC).

Research Brief: https://bit.ly/4bHs2cJ

#Employment #Research #Race #Disability

Follow us at Great Lakes ADA en Español on Facebook for ADA and disability-related content in Spanish!

Check out a recent Spanish post, image and caption below:

Una imagen ilustrada de varias flores de muchos colores vibrantes. Texto grande de “mes de la herencia afroamericana, celebrando afrolatinos”
Las contribuciones que los afrolatinos han hecho en la comunidad son muchas como, las artes, entretenimiento, políticas, justicia social, deportes, y más. 1 en cada 4 personas en los estados unidos tiene una discapacidad física o mental, y los latinos somos diversos. Un informe del Centro de Investigaciones Pew encontró más de 6 millones de personas se consideran Afrolatino. Para aprender más sobre los latinos y discapacidades visite, Smithsonian, https://s.si.edu/3SVMKy7 y puede leer más sobre los afrolatinos en los estados unidos en el siguiente LA Times, https://lat.ms/49f0Ksw. Si tiene más preguntas acerca de la ADA contáctenos gratis al 800-949-4232.

#afrolatino #latinoamerica #latinos




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