August 2014
Volume 10 Issue 8 
 
 
 

Trainings & Events

Accessibility Online Webinar Series
Accessible Routes - Advanced Session
August 7th, 2014 1:30-3:00 CT.
Special attention is sometimes needed when applying certain accessible route provisions in the 2010 ADA Accessibility Standard and the Architectural Barriers Act Standard. This session will include an advance level discussion of the accessible route provisions and focus on issues such as overlapping clear space requirements and door maneuvering clearances, exterior routes, among other issues. Presenters will highlight some of the more frequently asked questions and also respond to your questions submitted in advance. Participants interested in this session are encouraged to review archived sessions on this topic for a review of the basic provisions.See this.
Presenters:
Jim Pecht -Accessibility Specialist/Librarian, US Access Board
Dave Yanchulis -Coordinator of Public Affairs, Office of Technical and Information Services, US Access Board
For more information visit AccessibilityOnline at http://www.accessibilityonline.org
ADA Audio Conference Series
Helping People With Hearing Loss Hear In Public Places Through The Use Of Hearing Loop Technology
August 26,2014 1-2:30 CT
Hearing loops transmit the audio from a PA system directly to telecoil-equipped hearing aids and cochlear implants. The telecoil functions as an antenna, relaying sounds directly into the ear without background noise just like Wi-Fi connects people to the Web. Hearing Loops are quickly becoming the hearing assistive listening system of choice for bringing clear sound to people with hearing loss: From schools and houses of worship to concert venues, assisted living facilities, municipal buildings and increasingly in transportation environments. Hearing Loops are a consumer preferred solution and the only system that is directly hearing aid compatible, does not require the use of separate receiver for the users most likely to avail themselves of assistive technology and will make facilities seamlessly hearing friendly. This system has the potential to bring many of 36+ million people with hearing loss back to theatre, houses of worship and community activities, but also enhances face-to-face customer service at ticket windows and service desks particularly if these areas are in locations with background noise. Anywhere where audible communication is integral to the use of the space, hearing loops can offer seamless assistive listening as mandated by the American with Disabilities Act. The Webinar will explain hearing loss, the needs of people with hearing loss and why hearing assistive technology is needed even if a person uses hearing aids or cochlear implants, the 2010 ADA-Communication Elements and Assistive Listening Systems (ALS) requirements, the international IEC 60118-4 Induction Hearing Loop Standard and how it relates to the telecoils in hearing aids. The advantages and disadvantages of the different hearing loop designs and installation techniques will be discussed as well as best practices in hearing loop procurement.
Speakers: TBD
For more information visit ADA Audio Conference Series at http://www.ada-audio.org
(877) 232-1990
Accessibility Online Webinar Series
Open Question and Answer Session
September 4th, 2014 1:30-3:00 CT.
Back by popular demand! Accessibility specialists and information technology specialists from the Access Board are available to answer your burning questions during this session. Session participants are requested to submit questions in advance on the 2010 ADA Accessibility Standard, the Architectural Barriers Act Accessibility Standard, Section 508, Medical Diagnostic Equipment or other Board rulemakings or activities. Accessibility specialists will answer questions submitted in advance during the first half of the session, leaving time in the second half to answer questions in the live session.
Speakers:
Marsha K. Mazz -Director, Office of Technical and Information Services, US Access Board
Rex Pace -Senior Accessibility Specialist and Technical Assistance Coordinator, US Access Board
For more information visit AccessibilityOnline at http://www.accessibilityonline.org
ADA Legal Webinar Series
Websites and the ADA: Accessibility in the Digital Age
September 18, 2014 1-2:30 CT
When the ADA was enacted in 1990, the internet had not yet become such an important part of people's lives, including the lives of people with disabilities. Now that the internet has become such an integral tool for businesses, employers and governmental entities, courts have been grappling with how the ADA applies to websites. Also, the Department of Justice has announced it will be revising its regulations to address website accessibility. This webinar will review the legal theories on applying the ADA to the internet and discuss the case law analyzing this issue. Don't miss this session as accessibility moves beyond ramps and onto the world wide web.
Speakers:
Barry Taylor -Vice President of Civil Rights and Systemic Litigation
Rachel M. Weisberg - Staff Attorney, Equip for Equality
For more information visit ADA Audio Conference site at http://www.ada-audio.org/ or call (877) 232-1990.
Accessible Technology Webinar Series
Android is Accessible. Really.
September 25, 2014 1-2:30 CT
Most people in the blindness community know Apple devices are accessible, but many don't realize other mobile devices also include off-the-shelf accessibility. This presentation discusses the level of accessibility available on Android to people who are blind or have low vision. It focuses on the accessibility services, settings, and apps routinely used by the eyes-free Android community to work with their phones and tablets. The level of detail is suitable for people interested in the operating system, comparable to what is found in a quick-start guide
    Session Objectives:
  • Android is accessible. TalkBack, BrailleBack, and Explore by touch are accessibility services available to people who are blind or low-vision
  • Android is customizable. Features and settings associated with screen readers in other platforms are available to Android users through third-party apps
  • Android is original. Google's approach to things is a little wild and a little experimental. It's approach to accessibility is no exception.
Speakers:
For more information visit ADA Audio Conference site at http://www.ada-audio.org
 

News from the Federal Agencies

U.S. Equal Employment Opportunity Commission (EEOC)

EEOC Sues Erie Strayer Company for Disability Discrimination

The Erie Strayer Company, an Erie-Pa.-based construction equipment supplier, violated federal disability discrimination law, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed. The EEOC said that the Erie Strayer Company unlawfully subjected Thomas Young and a class of other, similarly situated employees to a policy and practice of unlawful medical inquiries and adverse employment actions resulting from such inquiries. These actions included coercion, intimidation, threats, and interference with the exercise and enjoyment of their protected rights according to the EEOC lawsuit.

EEOC Issues Updated Enforcement Guidance On Pregnancy Discrimination And Related Issues

The U.S. Equal Employment Opportunity Commission (EEOC) issued Enforcement Guidance on Pregnancy Discrimination and Related Issues, along with a question and answer document about the guidance and a Fact Sheet for Small Businesses. This is the first comprehensive update of the Commission's guidance on the subject of discrimination against pregnant workers since the 1983 publication of a Compliance Manual chapter on the subject.

The Enforcement Guidance

Q&A document

Fact Sheet

Dialysis Clinic, Inc. Sued By EEOC For Disability Discrimination

Nationwide healthcare provider Dialysis Clinic, Inc. (DCI) violated federal law by firing and refusing to re-hire a long-time nurse who needed more medical leave to complete her cancer treatment, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed. According to the EEOC's lawsuit, Francisca Lee had worked as a nurse at DCI's Sacramento Southgate location for 14 years when she was diagnosed with breast cancer. Lee took medical leave in order to have mastectomy surgery and chemotherapy treatments. Four months later, DCI notified Lee by mail that she was being terminated for exceeding the time limit dictated by its medical leave policy, the EEOC said.

EEOC Sues Genesis Healthcare / Mount Olive Care & Rehabilitation Center for Disability Discrimination

Genesis Healthcare, LLC, d/b/a Mount Olive Care & Rehabilitation Center, a Delaware limited liability company that operates a nursing home in Mount Olive, N.C., violated federal law by firing an employee because of her disability, the U.S. Equal Employment Opportunity Commission (EEOC) alleged in an employment discrimination lawsuit it filed. According to the EEOC's complaint, Genesis Healthcare hired Margaret Washington to work as a cook and dietary aide at its Mount Olive facility in June of 2013. Washington has a physical impairment that limits her use of the left side of her body. Shortly after Washington began working for Genesis Healthcare, her supervisor asked her what was wrong with her left arm. Washington explained that she did not have the full use of her left arm, but that she was still able to perform her job duties. A few weeks later, Washington's supervisor informed Washington that she did not believe Washington could perform her job duties without the full use of both arms. Shortly thereafter, Genesis Healthcare fired Washington because she did not have the full use of her left arm.

America's Largest Drug Store Chain to Pay $180,000 to Settle EEOC Disability Discrimination Suit

Walgreens has agreed to pay $180,000 to a longtime employee with diabetes and to implement revised policies and training to settle a federal disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced. The EEOC's lawsuit charged that former cashier Josefina Hernandez, who has Type II Diabetes, was fired by a South San Francisco Walgreens because of her disability after she ate a $1.39 bag of chips during a hypoglycemic attack in order to stabilize her blood sugar level.

EEOC Sues Wal-Mart for Disability Discrimination

The U.S. Equal Employment Opportunity Commission (EEOC) filed a lawsuit yesterday against Wal-Mart Stores, Inc., alleging that the giant retailer fired an intellectually disabled employee at a Rockford Walmart store after it rescinded his workplace accommodation.

U.S. Department of Justice (DOJ)

Justice Department Announces Settlemen Agreement with Hubbard, OR

The Justice Department announced that it reached a settlement with the city of Hubbard, OR, resolving an investigation of the city under Title I of the Americans with Disabilities Act (ADA). The investigation found that the city's online employment application asked questions about disabilities in violation of the ADA. The ADA does not permit employers to inquire whether an applicant is an individual with a disability or as to the nature of such disability before making a conditional offer of employment.

Information about LSAC Compensation Fund Posted to DOJ Website

The Law School Admission Council (LSAC) has entered into a Consent Decree with the California Department of Fair Employment and Housing (DFEH) to settle a statewide lawsuit and with the U.S. Department of Justice (DOJ) to settle a nationwide lawsuit. This resolution addresses alleged violations of the Americans with Disabilities Act (ADA) and the California Unruh Civil Rights Act. information regarding the LSAC nationwide compensation fund, including how to submit a claim and how to contact the Claims Administrator, is available on the Justice Department website.

Justice Department Reaches Settlement with Orange County Clerk of Courts

The Justice Department announced that it has reached a settlement with the Orange County Clerk of Courts in Florida to remedy violations of the Americans with Disabilities Act (ADA). The settlement resolves allegations that the Orange County Clerk of Courts failed to provide a blind attorney with electronic court documents in an accessible format readable by his screen reader technology, despite repeated requests.

Great Lakes In Focus

Justice Department Publishes Notice of Proposed Rule Making

On August 1, 2014, the Department's Notice of Proposed Rulemaking (NPRM) proposing to amend the Americans with Disabilities Act title III regulation to provide closed movie captioning and audio description to give persons with hearing and vision disabilities access to movies was published in the Federal Register and will be open for public comment. The comment period will close on September 30, 2014.

The Justice Department is very interested in the public's views on this NPRM, including the answers to the many questions that are posed throughout the document. Beginning August 1, 2014 comments may be submitted, identified by CRT Docket No. 126 or RIN 1190-AA63, by any of the following methods:

. Online at www.regulations.gov. Follow the website's instructions for submitting comments.

. Regular U. S. mail:

Disability Rights Section

Civil Rights Division

U.S. Department of Justice

P. O. Box 2885, Fairfax, VA 22031-0885.

. Overnight, courier, or hand delivery:

Disability Rights Section

Civil Rights Division

U.S. Department of Justice

1425 New York Avenue, N.W., Suite 4039, Washington, D. C. 20005

For more information about the NPRM, please visit the Department's ADA website at ADA Gov A direct link to the page for submitting comments has been added to ADA Gov

The Docket

Reeves v. Jewel Food Stores

Jewel Foods employed Sean Reeves as a bagger from 1997 until his dismissal in 2005. Reeves have Down syndrome and received vocational tutoring from Jewel. A social service agency sent a job coach to work with Reeves. Jewel's Service Manager provided individual training. Jewel also instituted supervision policies that applied only to Reeves.

Reeves, unlike the other baggers, was exempted from collecting shopping carts from the parking lot after he was found directing customers how to park their cars. Reeves sometimes had trouble complying with workplace rules. He cursed at a manager when the table at which he usually ate lunch was used for a tasting. He also once cursed within earshot of a customer about another customer. In 2005, Reeves took an American flag pin from a store shelf without paying for it, apparently not realizing the pins were for sale. Despite its usual policy, Jewel decided not to fire him.

Reeves's parents asked if Jewel could bring back a job coach. Reeves's supervisor deemed the extra instruction unnecessary. Reeves was later terminated for cursing at another employee within earshot of a customer and other employees.

The U.S. Equal Employment Opportunity Commission (EEOC) concluded that there was reasonable cause to believe both that Jewel discriminated against Reeves because of his disability and that Jewel engaged in a pattern and practice of denying reasonable accommodations to disabled employees.

The district court dismissed his Americans with Disabilities Act failure to accommodate claim, citing numerous accommodations Jewel had made and the fact that Jewel did not explicitly reject the Reeves's job coach suggestion. The Seventh Circuit Court of Appeals affirmed the lower Court's decision.

From the ADA Expert

Question:I am the ADA Coordinator for a local community college and the college allows local organizations to hold events in the college's facilities. Some groups use classrooms and others use larger spaces such as the theater. The college only provides the rooms and does not have anything to do with putting on the event. Recently I was contacted by an individual needing an interpreter for an upcoming event and wanted to know if the college was going to provide the interpreter because the organization putting on the event said they will not provide one. Does the college have any responsibility to provide the interpreter for this event?

Answer:

The Americans with Disabilities Act (ADA) requires that state and local governments and places of public accommodations insure individuals with disabilities have the same level of access to information that is provided to individuals without disabilities. In some instances that may require the provision of auxiliary aids and services. An example of such an auxiliary aid or service used to communicate with something that is deaf is a qualified interpreter. Every time a covered entity communicates with some one that is deaf an interpreter may not be necessary. Consideration of the complexity of the information being communicated and the length of the communication taking place, along with consultation with the deaf individual should help determine what auxiliary aid or service is needed.

Addressing your specific question, if as you state the college is only providing the space for the event then the college has no responsibility for insuring equal access for the individual that is deaf to the information being presented. The group putting on the event would have the responsibility for providing access to the information if the group is covered by the ADA or receives federal funds requiring compliance with Section 504 of the Rehabilitation Act.

For additional information please contact the Great Lakes ADA Center at (800) 949-4232 (V/TTY) or by completing the online form: http://adagreatlakes.com/WebForms/ContactUs/>

Suggested Resources

For more information please call 800-949-4232 (Voice/TTY) or Online via Contact Us form.

Great Lakes ADA Center
University of Illinois at Chicago
Department of Disability and Human Development (MC 728)
1640 West Roosevelt Road, Room 405
Chicago, Illinois 60608-6904
 
 
 
 

Last Updated on:
Wed Aug 6, 2014