In light of the recent Natural Disasters (hurricanes Katrina and Rita) affecting the Gulf Coast, the U.S. Department of Health and Human Services (HHS) made available a poster containing resources for evacuees. There is a text version as well as a PDF version of the poster. The poster includes national telephone numbers, and state-specific telephone numbers for the following services:

• Mental Health Hotline (national 800-273-8255)
• Head Start Services (national 866-763-6481)
• TANF (Temporary Assistance for Needy Families; state-specific number)
• SCHIP (State Children's Health Insurance Programs; state-specific number)
• Medicare (national 800-633-4227)
• Elder Care (national 800-677-1116)
• Medicaid (state-specific number)

The National Council on Disability (NCD) is gathering information on how Hurricanes Katrina and Rita affected people with disabilities and their relatives, friends, and neighbors, and how they have affected organizations that have been providing assistance to people with disabilities.

NCD has called for a federal disability response and recovery plan, and has published two briefs on Hurricane Katrina affected areas. The first was released on September 2, 2005, the second on September 7, 2005. Issues raised include the implications of how Hurricane Katrina has affected people with disabilities, where help can be sought, the response of the government, the additional help or assistance that is currently needed, the subsequent actions that must be undertaken, and the response made by the disability community to the hurricane.

There are 3 ways to submit feedback to NCD by October 12, 2005:

U.S. Mail:

National Council on Disability
1331 F Street NW
Suite 850, Washington, DC 20004

Email:

info@ncd.gov

Fax:

202-272-2022

Indicate whether you would like to make your response anonymous.

A poster depicting the 2005 theme for National Disability Employment Awareness Month (NDEAM), "Workers with Disabilities: Ready for Tomorrow's Jobs Today," is now available through the Office of Disability Employment Policy web site. The 2005 NDEAM poster also commemorates 60 years since Congress established October as the month to recognize the contributions Americans with disabilities are making in the workplace.

The U.S. Department of Health and Human Services has announced the awarding of $28.5 million in grants to 17 states to help people of all ages with disabilities or long-term illnesses live in their homes and participate fully in community life. The grants are part of the "New Freedom Initiative," which promotes community living for individuals with disabilities and long-term illnesses. Under this initiative, which began in 2001, 10 federal agencies work with states and other entities to remove barriers to community living.

The ADA and IT Technical Assistance centers collaborated efforts to redesign the ADA Audio Conference to include a new look and format for this season. The 2005-2006 ADA Audio Conference Series is now hosted at new website, www.ada-audio.org.

New this year is the option to listen to the session online using Real-time Streaming Audio. Therefore, the format for the series includes 3 services: Teleconference, real-time captioning and the NEW Service: Real-time Streaming Audio via the Internet. In addition to new services, the program will offer three series intended to provide participants with a concentration in one or more special topic areas. They include Accessible IT (2 sessions), Employment (4 sessions) and Issues Associated with the Built Environment (2 sessions). Each session is scheduled from 1:00 to 2:30 P.M. Central Time (90 minutes). A written transcript and digital recording of each session will be archived on the ADA Audio Conference Series' new web site.

• October 18, 2005» ADA Legal Update: Current litigation trends under the ADA

2–Part Series – Accessible Information Technology

• November 15, 2005» Pro's and Con's of Web Accessibility Validation Tools
• December 13, 2005» Accessible Web Based Communication Tools: Why are they so hard to find?

4–Part Series – Employment and the ADA

• January 17, 2006» Employer Case Studies: Best Practices of Employers
• February 21, 2006» Leave as an Accommodation: Interplay between the ADA and FMLA
• March 21, 2006» Planning for Emergencies in the workplace: Inclusion of people with disabilities
• April 18, 2006» Survey of Employer Resources Regarding the ADA

2–Part Series – The Built Environment

• May 16, 2006» Creating Accessible Play Areas – State of the Science
• June 20, 2006» Permanent Rooms and Spaces: Accessible Signage

• July 18, 2006» ADA Update: 16 Years Later
• August 15, 2006» Disability Statistics: What are the "real" numbers and how do you make sense of them?
• September 19, 2006» Accessible Travel Options: By Land, By Air and By Sea

The Great Lakes ADA & Accessible IT Center is launching a ADA Audio Conference series in Spanish this fall. The sessions are free and open to the general public. The sessions are targeted towards community leaders, business leaders, advocacy groups, educators, and anyone interested in disability rights.

Each session is 90 minutes in length and is real-time captioned on the Great Lakes web site. Each session will provide a question an answer portion where participants are able to ask questions of the presenters. Be part of a diverse forum ready to discuss issues of protection and responsibility under the Americans with Disabilities Act (ADA) and other disability related laws. Join us as we continue in new and innovative ways to provide information regarding disability related laws and resources to the Spanish speaking community.

To get additional information on the Spanish ADA Audio Conference contact Bi-Lingual Technical Assistance Specialist Anel Gonzalez by calling the Center at (800) 949-4232 or via our on-line contact form.

A new video on electronic accessibility in education is now available. The video, "Accessible Information Technology in Education: Building Toward a Better Future", gives insight on the challenges of inaccessible information technology environments, with in person interviews and testimonials. The video also goes into the advantages of making information technology environments accessible, and the benefits that accessible information technology has had in the lives of different people with different abilities and disabilities. Total running time for the video is under 15 minutes.

The video serves as a valuable tool for educating people on the importance of accessible IT. The video is useful in explaining and reinforcing concepts of accessibility and inaccessibility to people new to the issues, and can be useful as well to people already in disability fields.

For more information on the videos contact the Great Lakes ADA & Accessible IT Center at (800) 949-4232 or via our on-line contact form.

The Social Security Administration released proposed regulation on Friday, September 30, 2005 that will revise the current regulations implementing the Ticket to Work and Self-Sufficiency Program (Ticket to Work program), authorized by the Ticket to Work and Work Incentives Improvement Act of 1999. The Ticket to Work program provides beneficiaries with disabilities expanded options for access to employment services, vocational rehabilitation services, and other support services. SSA is proposing to make revisions to the current rules to improve the overall effectiveness of the program in assisting beneficiaries to maximize their economic self-sufficiency through work opportunities.

Public comment will be accepted through December 29, 2005. Individuals or entities may submit comments through several different mechanism:

Web

SSA Site: http://policy.ssa.gov/erm/rules.nsf/Rules+Open+To+Comment

Federal rulemaking Portal: http://www.regulations.gov

Email

regulations@ssa.gov

Fax

410-966-2830

Mail

Commissioner of Social Security,
P.O. Box 17703,
Baltimore, MD 21235-7703

The new Medicare Prescription Drug, Improvement and Modernization Act of 2003 (P.L. 108-173), enacted December 8, 2003 requires the Social Security Administration (SSA) to undertake a number of additional Medicare–related responsibilities. SSA and the Centers for Medicare & Medicaid Services (CMS) are working together to provide persons with limited income and resources extra help paying for their prescription drugs. Social Security's role in this partnership is to help the public understand how they may qualify and apply.

Individuals may visit the SSA web site to see if they qualify for the program. The SSA may be contacted by calling (800) 772-1213 (Voice) or at (800) 325-0778 (TTY).

Senator Roberts (R-KS) and Senator Kennedy (D-MA), have introduced Senate Bill 1570 "Employer Work Incentive Act for Individuals with Severe Disabilities" which will create a government contracting preference for companies that employ significant numbers of severely disabled workers. This contracting incentive will ensure that Americans with severe disabilities have access to competitive jobs that allow them to achieve personal and economic self-sufficiency.

They will host an unveiling of the legislation on Thursday, October 6^th at 12:00 noon at the Dirksen Senate Office Building Room 430 in Washington DC.

This legislation is available in PDF format as well as Text format

Equip for Equality today filed suit in federal court against The Lambs Farm, Inc of Libertyville, Illinois, on behalf of a 54-year old man with a developmental disability whom Lambs Farm refuses to serve because he is HIV positive. Lambs Farm is a non-profit organization located on a 72-acre campus in Libertyville, IL that provides housing, vocational and recreational services to adults with developmental disabilities.

The suit alleges that Lambs Farm's refusal to admit Doe to its services is a violation of the Americans with Disabilities Act, the federal Rehabilitation Act, and the federal Fair Housing Act. When Lambs Farm reviewed the medical packet sent by the agency assisting Doe, its management became aware that Doe was HIV-positive.

Doe's application was immediately rejected. Lambs Farm's Executive Director, Dianne Yaconetti, expressed concern that others would find out about Doe's HIV status and would be fearful. The Chairman of the Board of Directors, Robert Neiman, confirmed that Lambs Farm would provide neither housing nor vocational services to Doe because of his "communicable disease".

The 2^nd U.S. Circuit Court of Appeals has reinstated a suit against New York City by a former sanitation worker who claims he was fired because he suffers from night blindness. Anthony Capobianco sued the city and the Department of Sanitation in 2001 under the Americans with Disabilities Act. The 2^nd Circuit Court reversed a lower court, which had awarded summary judgment to the City of New York indicating that Capobianco was not a qualified individual with a disability under the ADA.

The Illinois ADA Project's September 12^th Conference, "Making the ADA WORK for Business" was a successful event. Over 50 people attended the event including representatives from private businesses, government agencies, and not-for-profit organizations. According to the Conference Evaluations, 96% of Conference attendees stated that they were "Very Satisfied" with the information communicated at the conference and the remaining 4% stated that they were "Satisfied." The Conference had four sessions:

1. Best Practices for Reasonable Accommodations: Low Cost and No Cost Solutions:
2. Website and Computer Accessibility presented by Robin Jones, Project Director of the Great Lakes ADA and Accessible Information Technology Center.
3. ADA Hot Topics: What Are the EEOC and the Courts Saying? Featuring two nationally recognized ADA Attorneys, Adele Rapport, Regional Attorney for the Detroit office of the Equal Employment Opportunity Commission, and Barry Taylor, Legal Advocacy Director at Equip for Equality.
4. Interaction Between the ADA and the Family Medical Leave Act presented by Susanne M. Bruyère, Ph.D., CRC, and Director at the Employment and Disability Institute and a Professor of Disability Studies at Cornell University.

In addition, the Illinois ADA Project gave an ADA Employment training in Springfield to Americorps, a nationwide volunteer organization that is beginning a new initiative to hire more individuals with disabilities. Please visit the ADA Project's Website, www.ADA-IL.org, for more information about the Illinois ADA Project.

ADA-Indiana Retreat

During late August, ADA-Indiana members met to do organizational planning for the coming years. This offered an opportunity for members to reflect on and celebrate past successes, talk about current needs and issues for implementing the ADA in Indiana, and plan for future projects and opportunities.

Finishing up the 2004-2005 Audio Conference Series in Indiana... During this past year ADA-Indiana partnered with local and state organizations to bring the 2005-2006 Great Lakes ADA Audio Conference series to six community sites in Indiana. Nearly 350 individuals, representing diverse organizations in the disability, nonprofit, state and local government, and business sectors, as well as people with disabilities and advocates, took advantage of this free program offered in their communities.

In this coming year, ADA-Indiana plans to offer the Audio Conference series in Indianapolis (two locations), Evansville, Westville, and Bloomington. Additional sites may be added in October. Please check the ADA-Indiana website (www.adaindiana.org) for more information about the 2005-2006 Audio Conference series.

Things to look for from ADA-Indiana in the coming months...

October- A Statewide Video Conference on Title I and Reasonable Accommodation that will be available in several Indiana communities via video conferencing technology

November- ADA-Indiana will release the 2006 Request for Proposals to fund Community ADA Projects in late November December- ADA-Indiana will host a booth at the 2005 Conference for People with Disabilities.

Visit the ADA-Indiana website (www.adaindiana.org) for updates on projects and events.

The Michigan ADA Steering Committee participated in a training on September 8, 2005 titled, "How Does the ADA affect your Business?" held at the Muskegon Community College in Muskegon, MI. Amy Maes, Legal Director at Michigan Protection & Advocacy Service, Inc. and co-chair of the Michigan ADA Steering Committee and Vern Nash, EEOC Specialist of Muskegon County provided the half day of training that covered the following topics: Employment Law & Disabilities, Supreme Court case studies and legislation affecting employers in Michigan, and best practices in hiring and pre-employment guidelines. More than 40 public and private employers attended the training. The training was sponsored by Michigan Department of Labor & Economic Growth, the Disability Connection Center for Independent Living, Michigan Works! Association, and the Employers Association of West Michigan.

ADA Minnesota's Homepage

ADA-Ohio participated in two significant accessibility surveys: The first was for the Knox County Board of Elections and concentrated on surveying all of the county's forty-one polling sites. The second was a collaboration with AXIS Center for People with Disabilities to survey the Franklin County Court House in Columbus, OH. Reports will be generated identifying priorities for barrier removal.

The agency also served on a planning committee for VSA arts of Ohio to present a forum entitled, "Careers in the Arts." The forum helped to identify and overcome barriers often faced by artists with disabilities in the work field. Attendees were involved in large group discussions as well as small breakout sessions to identify these barriers and find solutions. Information gathered and strategies learned during the forum will be compiled into a resource workbook that will help current and future artists with career development. More information about the forum and resource workbook can be obtained by contacting VSA arts of Ohio at 614-241-5325 or at info@vsao.org.

The ADA Wisconsin Partnership is pleased to sponsor Susanne Bruyère of Cornell University along with Robin Jones of the Great Lakes ADA Center, to present at the Wisconsin Society for Human Resource Managers (SHRM) conference to be held next week in Milwaukee. As businesses become increasingly network intensive, internet recruitment has become a primary way that companies find new employees. Often these sites are not accessible for people with disabilities. The SHRM conference training session will cover web based employment practices and be held at the Midwest Express Center on Thursday, September 29 from 10:30 - 11:45 a.m. The presentation will cover use of the Internet in the workplace and its implications for employers and people with disabilities.

ADA Wisconsin will be exhibiting at the conference and surveying attendees regarding the training needs of human resources professionals regarding hiring and accommodating employees with disabilities. For more information about the conference see www.wishrm.org.

I am re-entering the workforce after completing a program with my state's Office of Vocational Rehabilitation Services. I am concerned about what information I will need to disclose to a prospective employer. If I am asked on an application or during an interview must I disclose information about my disability or about other medical conditions I have?


The ADA prohibits covered employers from asking any disability or medical related questions or any questions that would require some one to disclose a disability during the Pre-employment portion of the employment process. The ADA prohibits covered employers from discriminating against qualified individuals with disabilities in any employment practice. This would include any application an individual completes and any interview that takes place prior to a job offer being made. Medical examinations and medical questions are permissible during the post offer phase as long as the examination is consistent with business necessity and all other individuals entering similar positions are required to under go the examination.

Examples of prohibited questions during the pre-offer period include but are not limited to

• Do you have a heart condition? Do you have asthma or any other difficulties breathing?
• Do you have a disability which that interferes with your ability to perform the job?
• How many days were you sick last year?
• Have you ever filed for workers' compensation? Have you ever been injured on the job?
• Have you ever been treated for mental health problems?
• What prescription drugs are you currently taking?

Employers may ask specific questions regarding the performance of the essential functions of the job but can't ask if a reasonable accommodation is needed to perform the essential functions of the job. Asking all applicants this question has the effect of requiring individuals to disclose a disability. An employer can address reasonable accommodation during an interview if the applicant discloses the need for an accommodation, if the employer observes a disability and reasonably believes that an accommodation is needed or if the applicant discloses a disability and the employer reasonably believes that an accommodation is needed.

The ADA does not require that an applicant inform an employer about the need for a reasonable accommodation at any particular point, so this information need not be volunteered on an application form or in an interview. Determining the best moment to tell a prospective employer about the need for reasonable accommodation on the job is a personal decision. Sometimes, applicants are not aware they may need a reasonable accommodation until they have more information about the job, its requirements, and the work environment. Some applicants choose to inform an employer during the application process after they better understand the job and its requirements. Others choose to wait until they have a job offer. Once on the job it is the responsibility of the employee to notify the employer that an accommodation is needed.

The employment provisions of the ADA prohibit discrimination against individuals that have:

• A physical or mental impairment that substantially limits one or more major life activities or:
• Has record of such impairment or:
• Some one that is regarded as having such impairment.

Additionally, an individual must be qualified to perform the essential functions of the job with or without a reasonable accommodation to be considered a qualified individual with a disability.

For additional information on Title I of the Americans with Disabilities Act you can contact the Great Lakes ADA & Accessible IT Center at 800-949-4232 (V/TTY) or via our on-line contact form.

The Great Lakes ADA Center disseminates publications related to all aspects of the ADA to inform and raise awareness of disability issues and to foster voluntary compliance with the ADA. The Great Lakes ADA Center disseminates materials including posters, regulations and technical bulletins on various ADA topics. Materials are available in alternative formats.

The following documents provide information regarding the rights and responsibilities of individuals and employers covered by the Title I provisions of the ADA.

ADA - Your Employment Rights as an Individual With a Disability

Questions and Answers:

• Enforcement Guidance on disability-related inquiries and medical examinations of Employees under the Americans with Disabilities Act (ADA)
• The ADA: Your Responsibilities as an Employer

To obtain the resource of the month or to receive hardcopy versions of the above materials contact the Great Lakes ADA and Accessible IT Center by calling 800-949-4232 (V/TTY) or via our on-line contact form.