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Updated May 20, 2013

Justice Department Reaches Fair Housing Settlement with Design Professionals in Disability Lawsuit

The Justice Department today announced a settlement with the architects and civil engineers involved in the design and construction of multifamily housing complexes located in Mississippi, Louisiana and Tennessee. The department’s lawsuit alleges that nine multifamily housing complexes with more than 800 units covered by the Fair Housing Act’s accessibility requirements were designed and built without required accessible features. No settlement has been reached with the developer, builder or former owners of these properties, who are alleged to have violated not only the Fair Housing Act, but also the Americans with Disabilities Act.

Under the settlement, which was approved today by the U.S. District Court for the Southern District of Mississippi yesterday evening, nine architects and civil engineers will pay a total of $865,000 to make the complexes for which they were responsible accessible to persons with disabilities. They will also pay $60,000 to compensate aggrieved persons harmed by the inaccessible housing alleged in the government’s lawsuit. The settlement requires these defendants to undergo training on the Fair Housing Act and to provide periodic reports to the government.

“Persons with disabilities are entitled to equal access to housing under the Fair Housing Act,” said Eric Halperin, Senior Counsel and Special Counsel for Fair Lending in the Civil Rights Division. “This settlement makes clear that the department takes seriously the accessibility requirements for multifamily housing.”

“The U.S. Attorney’s Office is committed to working with the Civil Rights Division to help ensure that those who design and construct housing units make them accessible to persons with disabilities in compliance with the Fair Housing Act and the Americans with Disabilities Act,” said Gregory K. Davis, U.S. Attorney for the Southern District of Mississippi.

The architects and civil engineers involved in this settlement are Stephen G. Hill, Pickering Firm Inc. a/k/a Pickering Inc.; Larry Singleton d/b/a Singleton Hollomon Architects, H D Lang And Associates Inc.; Richard A. Barron, Architect, Shows, Dearman & Waits Inc.; Canizaro Cawthon Davis f/k/a Canizaro Trigiani Architects; Evans-Graves Engineers Inc. and J.V. Burkes & Associates Inc.

The Fair Housing Act prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status. Title III of the Americans with Disabilities Act requires, among other things, that public accommodations comply with specific requirements related to architectural standards to ensure accessible public and common use areas. More information about the Civil Rights Division and the laws it enforces is available at www.usdoj. gov/crt . Individuals who believe that they may have been victims of housing discrimination can call the Housing Discrimination Tip Line at 1-800-896-7743, e-mail the Justice Department at fairhousing@usdoj.gov , or contact the U.S. Department of Housing and Urban Development at 1-800-669-9777.

Access Board Working Group on Accessible Prescription Drug Labels to Hold Final Teleconference May 22

The Access Board’s Working Group on Accessible Prescription Drug Labels will hold its final meeting by teleconference May 22 from 2:00 to 4:00 (ET). This group is examining alternatives for making information on prescription drug container labels accessible to people who are blind or visually impaired or who are elderly. Members of the public can follow the proceedings remotely through a toll-free conference line and online real-time transcription. There will be an opportunity for public comment following the working group’s deliberations.   

Further details are posted on the Board's website. For more information, contact Susan Crawford at crawford@access-board.gov, (202) 272-0029 (v), or (202) 272-0082 (TTY).

Teleconference of the Accessible Prescription Drug Labels Working Group
May 22, 2:00 - 4:00
Dial: (888) 603-7094
Passcode: 6317703

Communication Access Realtime Translation (CART):
http://www.streamtext.net/

EEOC Issues Revised Publications on the Employment Rights of People with Specific Disabilities

WASHINGTON --The U.S. Equal Employment Opportunity Commission (EEOC) today issued four revised documents on protection against disability discrimination, pursuant to the goal of the agency's Strategic Plan to provide up-to-date guidance on the requirements of antidiscrimination laws.

The documents address how the Americans with Disabilities Act (ADA) applies to applicants and employees with cancer, diabetes, epilepsy, and intellectual disabilities. These documents are available on the agency's website at "Disability Discrimination, The Question and Answer Series," http://www.eeoc.gov/laws/types/disability.cfm.

"Nearly 34 million Americans have been diagnosed with cancer, diabetes, or epilepsy, and more than 2 million have an intellectual disability," said EEOC Chair Jacqueline A. Berrien. "Many of them are looking for jobs or are already in the workplace. While there is a considerable amount of general information available about the ADA, the EEOC often is asked questions about how the ADA applies to these conditions."

In plain, easy-to-understand language, the revised documents reflect the changes to the definition of disability made by the ADA Amendments Act (ADAAA) that make it easier to conclude that individuals with a wide range of impairments, including cancer, diabetes, epilepsy, and intellectual disabilities, are protected by the ADA. Each of the documents also answers questions about topics such as: when an employer may obtain medical information from applicants and employees; what types of reasonable accommodations individuals with these particular disabilities might need; how an employer should handle safety concerns; and what an employer should do to prevent and correct disability-based harassment.

Fort Worth Center of Rehabilitation Sued by EEOC for Disability Discrimination

Health Care Facility Refused to Allow Alternate Form of Drug Testing as a Reasonable Accommodation for Applicant with Renal Failure, Agency Charged

DALLAS - The Fort Worth Center of Rehabilitation violated federal law by discriminating against an applicant based on her disability, renal failure, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed today.

According to the EEOC's suit, FWCR discriminated against Patsy Roberson, whose kidneys were removed several years ago as a result of their total failure, in violation of the Americans with Disabilities Act (ADA). In June 2011, FWRC made a conditional job offer to Roberson as a certified nurse assistant. The FWRC interviewer told Roberson that the job offer was contingent on passing a drug screen, at which point she indicated that she could not do a urine-based screen because of her kidney failure.

Robertson specifically requested a reasonable accommodation in the form of a different method of drug testing. The rehab center denied Roberson's request for accommodation despite the existence of alternate forms of drug screening, and revoked her conditional offer of employment.

Refusing to grant a request for a reasonable accommodation during the application process, absent a showing that doing so would create an undue burden on the company, and subsequently refusing to hire an individual because of her disability violate the ADA. The EEOC filed suit (Civil Action No. 3:13-cv-1736 in U.S. District Court for the Northern District of Texas) after first attempting to reach a pre-litigation settlement through its conciliation process. The EEOC seeks back pay, compensatory and punitive damages and injunctive relief to ensure no future discrimination.

"This employer could have accommodated Ms. Roberson's disability in several different ways," said Robert A. Canino, regional attorney for the EEOC's Dallas District Office. "For example, blood or hair screens are drug tests that do not require a urinalysis."

EEOC Trial Attorney Meaghan Shepard said, "The right to a reasonable accommodation extends not just to employees, but also job applicants. Ms. Roberson, was denied the opportunity to work because of an unfortunate ignorance of the law. The request for accommodation here would not have cost the company any significant amount of money, and it would have gained a great employee in Ms. Roberson."

In fiscal year 2012, 26,379 ADA charges were filed with the EEOC, an increase of 2 percent from the previous fiscal year. Addressing emerging and developing issues in equal employment law, including issues involving the ADA, is one of the six national priorities identified by the Commission's Strategic Enforcement Plan.

The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.

ADA-related Articles in the News

Updated May 6, 2013

Comments on the Access Board’s Guidelines for Shared Use Paths Due May 14

In February, the Access Board released for public comment proposed accessibility guidelines for shared use paths which are used by pedestrians, bicyclists, and others for transportation or recreation. The Board's proposal would add provisions for shared use paths to guidelines it is developing for public rights-of-way that were previously made available for comment.

Comments on the supplemental guidelines for shared use paths are due May 14. Those received after this date will be considered to the extent feasible. Comments can be submitted or viewed through the regulations.gov website. For further information, visit the Board’s website.

Jury Awards $240 Million for Long-Term Abuse of Workers with Intellectual Disabilities

Historic Verdict Against Henry's Turkey Service for Men Subjected to Verbal and Physical Harassment, Housed in Substandard Facilities, Denied Medical Care

WASHINGTON - A Davenport, Iowa jury today awarded the U.S. Equal Employment Opportunity Commission (EEOC) damages totaling $240 million - the largest verdict in the federal agency's history - for disability discrimination and severe abuse.

The jury agreed with the EEOC that Hill County Farms, doing business as Henry's Turkey Service subjected a group of 32 men with intellectual disabilities to severe abuse and discrimination for a period between 2007 and 2009, after 20 years of similar mistreatment.

"The verdict sends an important message that the conduct that occurred here is intolerable in this nation, and hopefully will help to restore dignity and acknowledge the humanity of the workers who were mistreated for so many years,"  said EEOC Chair Jacqueline A. Berrien.

The company is based in Goldthwaite, Texas, but the work and abuse occurred in West Liberty and Atalissa, Iowa.  The jury awarded each of the men $2 million in punitive damages and $5.5 million in compensatory damages.  This verdict follows a September 2012 order from the district court judge that Henry's Turkey pay the men $1.3 million for unlawful disability-based wage discrimination, thus making the total judgment $241.3 million.

EEOC presented evidence to the jury that Henry's Turkey exploited these workers, whose jobs involved eviscerating turkeys, because their intellectual disabilities made them particularly vulnerable and unaware of the extent to which their legal rights were being denied. The affected men lived in Muscatine County, Iowa, where they worked for 20 years as part of a contract between Henry's Turkey and West Liberty Foods, an Iowa turkey processing plant.

"This historic verdict marks one of the EEOC's finest moments in its ongoing efforts to combat employment discrimination, especially discrimination against vulnerable and historically underserved populations," said EEOC General Counsel David Lopez.  "The fact that the jury rendered the largest verdict ever obtained by the EEOC says volumes about the severity of the violation and it illustrates this agency's resolve to vindicate the rights of all discrimination victims."

Specifically, the EEOC presented evidence that for years and years the owners and staffers of Henry's Turkey subjected the workers to abusive verbal and physical harassment; restricted their freedom of movement; and imposed other harsh terms and conditions of employment such as requiring them to live in deplorable and sub-standard living conditions, and failing to provide adequate medical care when needed.

Verbal abuses included frequently referring to the workers as "retarded," "dumb ass" and "stupid."  Class members reported acts of physical abuse including hitting, kicking, at least one case of handcuffing, and forcing the disabled workers to carry heavy weights as punishment.  The Henry's Turkey supervisors, also the workers' purported caretakers, were often dismissive of complaints of injuries or pain.

"These men suffered isolation and exploitation for many years, while their employer cruelly consumed the fruits of their labor," said Robert A. Canino, regional attorney of the EEOC's Dallas District Office, which tried the case.  "Our society has come a long way in learning how persons with intellectual disabilities should be fully integrated into the mainstream workplace, without having to compromise their human dignity."

Such abuse violated the Americans with Disabilities Act (ADA), which prohibits discrimination on the basis of disability, including intellectual disabilities, in terms and conditions of employment and wages and bars disability-based harassment.  The EEOC filed its lawsuit (No. 3:11-cv-00041-CRW -TJS, in U.S. District Court for the Southern District of Iowa) after first attempting to settle the case through its conciliation process.

"The ADA provided us with a law enforcement tool to ensure fair treatment for persons with physical and mental disabilities," said Canino.  He told the jury that Henry's Turkey treated the men "like property."  He added, "The jury heard the human stories of these men, understood what they suffered, and valued their experiences in reaching their verdict."  Canino said the men "feel humiliation and suffer distress from their experiences even to this day."  Canino urged the jury to think of the "broken lives of 32 hard-working but vulnerable intellectually disabled men" who were employees of Henry's Turkey.

In support of its case and to detail the human story for each of the victims at trial, the EEOC relied upon a nationally recognized expert in the field of care and treatment of persons with intellectual and developmental disabilities, Dr. Sue Gant.  Social workers from the Iowa Department of Human Services, former DHS manager Denise Gonzalez, and the staff of a disability support services provider, Exceptional Persons Inc. of Waterloo, Iowa, also provided in-depth personal perspectives with regard to the victims and the nature of the abuses suffered.

"Inherent in the ADA is the idea of dignity - that people with disabilities have the right to full and productive lives.  This was the principle Henry's Turkey Service attempted to take away from these men and the principle the jury so emphatically restored," said Janet V. Elizondo, director of the EEOC's Dallas District Office.  "The ADA starts from the idea that people with disabilities can be great employees, if given the opportunity to fairly compete and prove themselves."

In addition to the EEOC's disability-based harassment and discrimination verdict, the EEOC earlier won a $1.3 million wage discrimination judgment when Senior U.S. District Court Judge Charles R. Wolle found that, rather than the total of $65 dollars per month Henry's Turkey paid to the disabled workers while contracted to work on an evisceration line at the plant, the employees should have been compensated at the average wage of $11-12 per hour, reflecting pay typically earned by workers without intellectual disabilities who performed the same or similar work.  The EEOC's wage claims for each worker ranged from $28,000 to $45,000 in lost income over the course of their last two years before the Henry's Turkey Service operation was shut down in February 2009.

Protecting vulnerable workers from disparate pay, harassment, and other discriminatory policies is one of the priorities identified in the EEOC's Strategic Enforcement Plan (SEP).

The EEOC enforces the nation's laws prohibiting employment discrimination.  Further information about the EEOC available at www.eeoc.gov.

HUD Issues Notice on Assistance Animals and Reasonable Accommodations for People with Disabilities

WASHINGTON – The U.S. Department of Housing and Urban Development (HUD) today issued a Notice reaffirming that housing providers must provide reasonable accommodations to persons with disabilities who require assistance animals. The “Notice on Service Animals and Assistance Animals for People with Disabilities in Housing and HUD-Funded Programs” discusses how the Fair Housing Act and the Americans with Disabilities Act (ADA) intersect regarding the use of service or assistance animals by persons with disabilities.

The Fair Housing Act prohibits landlords from discriminating based on disability, race, color, national origin, religion, sex, and familial status. The ADA prohibits discrimination against people with disabilities in employment, transportation, public accommodations, communications, and state and local government activities. Both laws contain provisions which address the use of service or assistance animals by people with disabilities. While the Fair Housing Act covers nearly all types of housing, some types of housing, such as public housing, are covered by both laws.

“The vital importance of assistance animals in reducing barriers, promoting independence, and improving the quality of life for people with disabilities should not be underestimated, particularly in the home,” said John Trasviña, HUD Assistant Secretary for Fair Housing and Equal Opportunity. “Disability-related complaints, including those that involve assistance animals, are the most common discrimination complaint we receive. This notice will help housing providers better understand and meet their obligation to grant reasonable accommodations to people with disabilities that require assistance animals to fully use and enjoy their housing.”

HUD’s new notice explains housing providers’ obligations under the Fair Housing Act, including the requirement to provide reasonable accommodations to people with disabilities who require assistance animals. Pet restrictions cannot be used to deny or limit housing to people with disabilities who require the use of an assistance animal because of their disability. Housing providers must grant reasonable accommodations in such instances, in accordance with the law. The guidance also describes the Department of Justice’s revised definition of “service animal” under the ADA, as well as housing providers’ obligations when multiple nondiscrimination laws apply.

The Americans with Disabilities Act requires equal access for people with disabilities using trained service dogs in public accommodations and government facilities. Under the Fair Housing Act, housing providers have a further obligation to accommodate people with disabilities who, because of their disability, require trained service dogs or other types of assistance animals to perform tasks, provide emotional support, or alleviate the effects of their disabilities.
HUD’s and the Department of Justice’s Joint Statement on Reasonable Accommodations provides additional information regarding housing providers’ obligations to provide reasonable accommodations. The Department of Justice has also published a fact sheet on service animals and the ADA.

Click here to read HUD’s new notice on assistance animals.

Persons who believe they have been denied a reasonable accommodation request may file a complaint by contacting HUD’s Office of Fair Housing and Equal Opportunity at (800) 669-9777 (voice) or (800) 927-9275 (TTY). Housing discrimination complaints may also be filed by going to www.hud.gov/fairhousing, or by downloading HUD’s free housing discrimination mobile application, which can be accessed through Apple devices, such as the iPhone, iPad, and iPod touch.

Articles and Resources:

Updated April 29, 2013

Access Board Advisory Committee on Medical Diagnostic Equipment to Meet May 7 & 8

Access Board Advisory Committee on Medical Diagnostic Equipment to Meet May 7 & 8

The Access Board’s Medical Diagnostic Equipment Accessibility Standards Advisory Committee will hold its next meeting May 7 and 8 in Washington, D.C.

Further details are posted on the Board’s website. For more information, contact Rex Pace at pace@access-board.gov, (202) 272-0023 (v), or (202) 272-0052 (TTY). Committee meetings are open to the public. Members of the public can follow the proceedings remotely through a toll-free conference line and online real-time transcription.

MDE Accessibility Standards Advisory Committee Meeting
May 7 and 8
Access Board Conference Center
1331 F Street, NW, Suite 800
Washington, D.C.
Note: For the comfort of all participants and to promote a fragrance-free environment, attendees are requested not to use perfume, cologne, or other fragrances.

Call-in option (listening only):
Dial: (888) 603-7094
Passcode: 6317703

Real-time transcription:
The link will be posted on the MDE homepage.

Articles and Resources

Updated April 22, 2013

Disability Articles in the News

Updated March 25, 2013

Workers with a Disability Less Likely to be Employed, More Likely to Hold Jobs with Lower Earnings, Census Bureau Reports

Individuals with disabilities were less likely to be employed than individuals without disabilities, and those who were employed typically held jobs with lower earnings and also earned less than their colleagues with no disability, according to the U.S. Census Bureau's American Community Survey. Based on the new Disability Employment Tabulation, the statistics show that between 2008 and 2010, individuals without disabilities were about three times more likely to be employed than individuals with disabilities. Overall, individuals with disabilities accounted for 9.4 million, or 6.0 percent, of the 155.9 million civilian labor force.

More than half of all workers with a disability were concentrated in four general occupation groups: service workers (except protective services) with 18.2 percent, followed by administrative support (15.1 percent), sales workers (10.4 percent) and management, business and finance (8.9 percent).

Among specific occupations, janitors and building cleaners had the highest number of employees with a disability at 315,000, or 11.8 percent of all workers in that field, followed by drivers/sales workers and truck drivers with 263,000 people, cashiers with 256,000 and retail salespeople with 223,000.

Among occupations with 100,000 or more people, dishwashers had the highest disability rate at 14.3 percent, followed by refuse and recyclable material collectors (12.7 percent), personal care aides (11.9 percent), and janitors and building cleaners (11.8 percent). The rates for refuse and recyclable material collectors, personal care aides, and janitors and building cleaners were not statistically different from one another.

More than half of workers with disabilities (52 percent) earned less than $25,000 in the previous year, compared with just 38 percent of workers with no disabilities. This translates into an earnings gap where individuals with disabilities earn about 75 percent of what workers without disabilities earn.

"Even within the largest occupations, employed workers with disabilities, on average, earned less than similarly employed workers without disabilities," said Jennifer Cheeseman Day, the assistant chief for employment characteristics in the Census Bureau's Social, Economic and Housing Statistics Division. "Several factors may account for this earnings gap, such as differences in age, work experience, number of hours worked, or other factors. For example, 46 percent of workers with a disability worked full time, year-round compared with 62 percent of workers with no disability."

The Disability Employment Tabulation 2008-2010 — available on American FactFinder (the Census Bureau's online statistics search tool) — is sponsored by the Department of Labor's Office of Disability Employment Policy and Office of Federal Contract Compliance Programs.

"Reliable, accurate data on disability employment is an essential tool for furthering education, research and policy initiatives that improve employment opportunities and outcomes for people with disabilities," said acting Secretary of Labor Seth D. Harris.

The Disability Employment Tabulation, which has similar content to that found in the recently released Equal Employment Opportunity Tabulation, now presents in-depth labor force characteristics of individuals with disabilities, with more details on employment status, occupation, education and earnings.

In addition, the latest tabulation provides information about the labor force across several variables, including, age, sex, race, Hispanic origin, occupation groups, citizenship and earnings by employment status.

Overall, janitors and building cleaners were among the most common occupations for individuals with a disability for non-Hispanic whites (184,000 people), non-Hispanic blacks (60,000) and Hispanics (54,000).

Individuals with disabilities accounted for 6.3 percent of the male civilian labor force and 5.7 percent of the female civilian labor force.

The three most common occupations for men with disabilities were drivers/sales workers and truck drivers (246,000); janitors and building cleaners (217,000); and laborers and freight, stock, and material movers (171,000). For women, they were cashiers (195,000); secretaries and administrative assistants (189,000); and nursing, psychiatric and home health aides (172,000). The number of male laborers and freight, stock, and material movers was not significantly different from the number of female nursing, psychiatric and home health aides.

FEMA Seeks Applicants for Youth Preparedness Council

The U.S. Department of Homeland Security’s Federal Emergency Management Agency (FEMA) is seeking applicants/nominations for its Youth Preparedness Council (YPC). The YPC is a unique opportunity for youth leaders to serve on a highly distinguished national council. Members will have the opportunity to: 

  • Complete a self-selected youth preparedness project;
  • Voice opinions, experiences, ideas, and questions on youth disaster preparedness with the leadership of FEMA and national organizations working on youth preparedness; and
  • Participate in the YPC Summit.

Any individual between the ages of 12 and 17 who is engaged in individual and community preparedness may apply or be nominated to serve on the YPC. An individual may apply on his/her own behalf, or he/she can be nominated by an adult familiar with his/her youth preparedness activities.

Individuals interested in applying to the YPC must submit a completed application form, a narrative, and a letter of recommendation. The letter of recommendation can be from any adult, including a parent, guardian, community first responder, or teacher. Applications that do not include a letter of recommendation will not be reviewed.

Individuals interested in nominating a youth to the YPC should complete the application form and narrative, but a letter of recommendation is not mandatory. Specific information about completing and submitting the application and attachments can be found on the application.

All applications and supporting materials must be received no later than 11:59 E.D.T. on April 19, 2013 in order to be eligible.

Council members will be selected based on vacancies in the Council. National and regional FEMA representatives will review applications/nominations. Each state and territory falls into one of ten FEMA regions, and each region has a Community Preparedness Officer (CPO); the CPOs report to FEMA Headquarters. Applications will be reviewed by FEMA Headquarters staff and the CPO from the region from which the application originated.

YPC members will be announced in May 2013. Once selected, members serve on the Council for one year, with the option to extend for an additional year, based on a formal request by FEMA.

For more information about the YPC and the Individual and Community Preparedness Division’s work on youth preparedness, and to access the application materials, please visit http://www.ready.gov/youth-preparedness.

Articles in the News

Updated March 18, 2013

Survey Reveals Most Subspecialty Medical and Surgical Practices Are Unable to Safely Accommodate Patients Who Use Wheelchairs

More than 20 years ago, the Americans with Disabilities Act (ADA) mandated that all medical practitioners provide "full and equal access to their health care services and facilities." However, a telephone survey shows that many medical and surgical subspecialty practices are still unable to accommodate patients who use wheelchairs. Using a "secret shopper" type survey approach, researchers called medical and surgical subspecialists in four U.S. cities (Boston, Dallas, Houston, and Portland, OR) to make an appointment for a fictional patient who uses a wheelchair and is unable to transfer from the chair to an exam table. Of 256 surveyed practices, 56 (22%) reported they could not accommodate the patient. Practices' inability to accommodate the patient was rarely due to building inaccessibility (9 practices). More frequently, practices were inaccessible because they were unable to transfer the patient to a table in order to perform an exam (47 practices). Inaccessibility varied by subspecialty. Gynecology was the subspecialty with the highest rate of inaccessible practices at 44 percent, while just 6 percent of psychiatry practices were inaccessible. Of 200 accessible practices, 67 (33%) reported they had equipment that could adjust to the patient while sitting in the wheelchair (e.g., otolaryngology, ophthalmology) or, in the case of psychiatry, that they did not need to move the patient for an exam. One hundred and three practices (51%) reported they planned to "manually transfer" the patient from her wheelchair to a non-accessible high table without the use of a lift. Only 22 practices (11%) reported the use of accessible tables or a lift for transfer. According to the lead study author, the survey results provide one possible explanation for the health care disparities observed in the wheelchair-bound population. The author of an accompanying editorial writes that height-adjustable examination tables could solve the access problem, but the ADA does not specify standards for exam table accessibility. The authors and the editorialist agree that physicians need to be educated about ADA requirements so they can improve access to care for patients with mobility impairments. A summary of this article is free to the public.

The link http://www.annals.org/article.aspx?doi=10.7326/0003-4819-158-6-201303190-00001 will be live at 5:00 p.m. on March 18.

Harkin Introduces Legislation to Expand Captioning and Improve Access to Movies

Wednesday, March 13, 2013

WASHINGTON—Senator Tom Harkin (D-IA), Senate sponsor of the Americans with Disabilities Act (ADA) and Chairman of the Senate Committee on Health, Education, Labor, and Pensions (HELP),today introduced two bills that will expand access to captioning and image narration in movie theaters and airplanes.

“More than two decades have passed since the enactment of the Americans with Disabilities Act, and in that time we have seen a transformation of our physical landscape—from curb cuts to wheelchair ramps, buses with lifts to automatic doors—our communities are more accessible than ever for our neighbors with disabilities," Harkin said. "However, we still have more to do. These bills will allow Americans with visual or hearing impairments to enjoy going to the movies and watching in-flight entertainment, through captioning and video description, just as they can at home.”

The Captioning and Image Narration to Enhance Movie Accessibility (CINEMA) Act would amend Title III of the ADA to require movie theater complexes of two or more theaters to make captioning and video description available for all films at all showings. Video description is a process that allows an individual who is blind or visually impaired to have access to the key visual elements of the programming by contemporaneous audio narrated descriptions of the actions, settings, facial expressions, costumes, and scene changes during the natural pauses in the audio portion of the programming, usually through headphones.

The Air Carrier Access Amendments Act would amend the Air Carriers Access Act to require that air carriers make captioning and video description available for visually-displayed entertainment programming—live televised events, recorded programming, and motion pictures—that is available in-flight for passengers. In instances where the programming is only available through the use of an individual touchscreen or other contact-sensitive controls, the bill would authorize the U.S. Access Board to promulgate accessibility standards so that individuals with disabilities, including individuals who are blind or visually impaired, can operate the displays independently.

Access Board Advisory Committee on Medical Diagnostic Equipment to Meet March 26 & 27

The Access Board’s Medical Diagnostic Equipment Accessibility Standards Advisory Committee will hold its next meeting March 26 and 27 in Washington, D.C.

Further details are posted on the Board’s website. For more information, contact Rex Pace at pace@access-board.gov, (202) 272-0023 (v), or (202) 272-0052 (TTY). Committee meetings are open to the public. Members of the public can follow the proceedings remotely through a toll-free conference line and online real-time transcription.

MDE Accessibility Standards Advisory Committee Meeting
March 26 and 27
Access Board Conference Center
1331 F Street, NW, Suite 800
Washington, D.C.
Note: For the comfort of all participants and to promote a fragrance-free environment, attendees are requested not to use perfume, cologne, or other fragrances.

Call-in option (listening only):
Dial: (888) 603-7094 (toll-free)
Passcode: 6317703

New Data Show People with Disabilities Less Likely to Be Employed, More Likely to Hold Jobs That Pay Less

People without disabilities are about three times more likely to be employed than people with disabilities, according to the U.S. Census Bureau's American Community Survey. The new Disability Employment Tabulation also shows that between 2008-2010, people with disabilities who were employed often earned less than their colleagues without disabilities. The survey data now presents in-depth labor force characteristics of individuals with disabilities, with more details on employment status, occupation, education and earnings. The U.S. Department of Labor's Office of Disability Employment Policy helped fund this research.

Articles in the News

Updated March 5, 2013

Newly Released Survey Reveals the Majority of Cancer Patients and Survivors Want To Continue Working

Support is Necessary to Balance Health and Work Demands

NEW YORK, March 5, 2013 – Nearly 80 percent of cancer patients and survivors say continuing work after diagnosis aids recovery, according to a new survey from Cancer and Careers and Harris Interactive. Still, just as many respondents struggle to find support navigating the work/life balance of employment with cancer – which is where Cancer and Careers offers assistance.

As the only organization in the U.S. dedicated solely to serving people who work during and after cancer treatment, Cancer and Careers designed the survey with Harris Interactive to better understand and empower employed persons with cancer. Results indicate that several factors motivate cancer survivors to continue working, including feeling well, wanting to maintain a routine and wanting to be productive. At the same time, 67 percent of surveyed cancer patients and survivors said work/life balance was critical to having a career.

“As a breast cancer survivor, I know there are so many unknowns and questions you have when you receive a cancer diagnosis. That’s why it’s so important for people going through the cancer journey to feel supported in every aspect of their lives, particularly when it comes to work,” said Sonia Kashuk, creator, Sonia Kashuk Beauty, and Cancer and Careers board member. “Cancer and Careers is incredibly instrumental as a resource to help people navigate the practical challenges of balancing work and cancer.”

According to the National Cancer Institute, there were an estimated 13.7 million Americans with a history of cancer as of January 1, 2012, and approximately 1.6 million new cases are expected to be diagnosed this year. With more than 80 percent of cancer survivors returning to work after treatment, understanding the needs of the working patient is becoming more important.

Additional survey highlights include:

• More than half (60 percent) of survey respondents reported taking no time off or only a few days off before returning to work after diagnosis.
• Those newly diagnosed or currently in treatment were most eager to continue work. Almost three-quarters (73 percent) felt employment gave them a sense of purpose and was tied to their identity.
• Approximately 20 percent of the newly diagnosed or those currently in treatment also reported feeling that cancer prevented them from carrying out professional responsibilities, reaching their true potential or performing at the same level as their peers.

“For today’s cancer patient, diagnosis occurs earlier, drugs are more targeted and the stigma around the disease has decreased,” said Kate Sweeney, executive director, Cancer and Careers. “The free expert advice, interactive tools and educational events Cancer and Careers provides will help patients and survivors maintain a professional identity – one many suggest plays a key role in their overall well-being.”

About the Survey
Cancer and Careers commissioned Harris Interactive to conduct this survey to better understand the attitudes and behaviors of employed persons with cancer. A total of 400 respondents participated in the research. Respondents were 18 years of age or older, diagnosed with cancer and employed full- or part-time. The interviews were conducted online, between September 27, 2012 and October 3, 2012.

OPM Issues Final Rule to Simplify Schedule A Hiring Authority for Persons With Disabilities

Washington, DC – The U.S. Office of Personnel Management (OPM) issued final regulations pertaining to a special hiring authority for the appointment of persons with certain disabilities.  The final rule for “Excepted Service – Appointment of Persons with Intellectual Disabilities, Severe Physical Disabilities, and Psychiatric Disabilities,” also known as “Schedule A Hiring Authority,” simplifies the hiring process for job applicants with disabilities who have work, educational, or other relevant experience, by relieving them of the burden of procuring “certificates of readiness” as a condition of  appointment. The new regulations are consistent with the President’s policy of removing barriers and encouraging the employment of individuals with disabilities in the federal workforce, as expressed in Executive Order 13548, Increasing Federal Employment of Individuals With Disabilities.

“We deliver the best results to the American people when we include all parts of our society in our workforce, and take full advantage of their skills and perspectives,” said OPM Director, John Berry. “It’s important to recruit, hire, develop and retain a competitive and diverse workforce, so that we tap the potential of all groups – including Americans with disabilities.”

Previously, an individual with a disability who wished to be appointed under the Schedule A authority was required not only to establish that he or she had a qualifying disability but also to submit a “certification of job readiness,” essentially a formal written assessment, by a medical professional, vocational rehabilitation specialist, or disability benefit agency, that the applicant could reasonably be expected to perform in a particular work environment. This final rule removes the requirement for a certification of job readiness.  Now an applicant will only need to establish that he or she has a qualifying disability.    

Schedule A Hiring Authority for persons with disabilities is one of the tools the federal government uses to accomplish the goals of Executive Order 13548. In FY 2011, people with disabilities represented 7.96 percent of all new hires. When veterans who are 30 percent or more disabled are included, people with disabilities represent 14.7 percent of all new hires or 18,738 people.

To view the final regulations on the Federal Register, please visit: https://www.federalregister.gov/articles/2013/02/22/2013-04095/appointment-of-persons-with-intellectual-disabilities-severe-physical-disabilities-and-psychiatric.

For more information on disability hiring, please visit: /policy-data-oversight/disability-employment/hiring/#url=Overview.

US Labor Department marks 20th anniversary of Family and Medical Leave Act

New rule announced benefitting military families and airline flight crews

WASHINGTON — (02/5/2013) The U.S. Department of Labor marked the 20th anniversary of the signing of the Family and Medical Leave Act by issuing a final rule implementing two important expansions of FMLA protections. The first expansion provides families of eligible veterans with the same job-protected FMLA leave currently available to families of military service members and it also enables more military families to take leave for activities that arise when a service member is deployed. The second expansion modifies existing rules so that airline personnel and flight crews are better able to make use of the FMLA's protections.

"Enabling our military families to care for their loved ones without fear of losing their job and to actively participate in deployment, reunification and recovery reflects our deeper understanding of the role family members have in sustaining an all-volunteer force. Today's rule makes clear this administration's strong, ongoing commitment to respond to the needs and sacrifices of our military families. The rule also helps ensure that pilots and flight crews will no longer need to choose between career and caring for a loved one," said acting Secretary of Labor Seth D. Harris.

The rule, being expanded today, implemented congressional amendments to the FMLA permitting eligible workers to take up to 26 workweeks of leave to care for a current service member with a serious injury or illness. Congress also created qualifying exigency leave, which permits eligible employees to take up to 12 workweeks of leave for qualifying exigencies arising out of active duty or call to active duty in support of a contingency operation of a family member serving in the National Guard or Reserve. This means that workers can attend a spouse's farewell and welcome home ceremonies without being penalized at work. They also can spend time with family members on leave from active duty service without risking their jobs.

The final rule also implements amendments clarifying the application of the FMLA to airline personnel and flight crews. Until the amendments, many flight crews did not meet FMLA eligibility criteria due to the unique way in which their hours are counted. The legislation authorized the department to tailor FMLA regulations that extend protections to these uniquely situated employees.

For more information, including the rule, a military leave guide, fact sheets and other materials, visit http://www.dol.gov/whd/fmla/2013rule.

The final rule announced today will have tremendous benefits for workers, employers and families. The FMLA, enacted in 1993, entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons. For additional information on the FMLA, including information and fact sheets on the proposed revisions, visit http://www.dol.gov/whd/fmla/.

Using Technology for Severe Weather Preparedness

March 3-9, 2013 marks the second annual National Severe Weather Preparedness Week. Preparing for severe weather can be easy and simple with the help of technology. This issue features using every day technology like computers, mobile devices and social media to improve severe weather preparedness.

We ask you to take action this week and be a force of nature by sharing these opportunities with other individuals and organizations in your community. Be sure to follow @FEMA and @Citizen_Corps on Twitter for the latest information on severe weather.

Updated March 4, 2013

Nine Extraordinary Leaders in the Global Disability Community Receive the 2013 Henry Viscardi Achievement Award

Committee chaired by Sen. Robert Dole, actress Marlee Matlin and Ambassador Luis Gallegos honor notable figures on 80th Anniversary of FDR inaugural.

Albertson, NY - The Viscardi Center today announced the recipients of a new international Award designed to identify and honor people living with disabilities for their work and influence on the global disability community of more than one billion people.

The Henry Viscardi Achievement Awards bear the name and honors the vision of Dr. Henry Viscardi, Jr., who was one of the world’s leading advocates for people with disabilities.

The announcement coincides with the 80th anniversary of the inauguration of President Franklin D. Roosevelt, who as a member of the disability community was among the most influential figures of the 20th century. President Roosevelt was one of eight presidents whom Dr. Viscardi advised during his lifetime. Dr. Viscardi wore prosthetic legs and died in 2004 at the age of 91.

“I am proud to join The Viscardi Center and my fellow committee members in announcing this outstanding group of Henry Viscardi Achievement Award recipients,” said former U.S. Sen. Robert Dole, Selection Committee co-chair. “All of them are champions for people with disabilities around the world. In turn, their work, and the stories of their lives, are important and set the bar high for the next generation of innovators, activists and leaders.”

The Awards drew nominations from seven nations and cities throughout the U.S. In addition to Senator Dole, the Selection Committee was co-chaired by Academy Award-winning actress Marlee Matlin and U.N Representative Luis Gallegos.

The recipients are:

  • Laurie Ahern, President, Disability Rights International, Washington, D.C.
  • Rosangela Berman Bieler, Senior Advisor on Children with Disabilities, UNICEF, New York City
  • Tony Coelho, former U.S. Rep. from California, primary sponsor of the Americans with Disabilities Act of 1990
  • Lex Frieden, Professor, The University of Texas Health Science Center at Houston School of Biomedical Informatics; Director of the Independent Living Research Utilization program at TIRR Memorial Hermann
  • Yoav Kraiem, Chairman, National Council for Community Relations – Mental Health, Israel
  • U.S. Rep. James R. Langevin, Rhode Island’s 2nd Congressional District
  • Kathleen Martinez, Assistant Secretary, , U.S. Department of Labor, Washington, D.C.
  • Patrick D. Rummerfield, Community Liaison, International Center for Spinal Cord Injury, Kennedy-Krieger Institute, Chesterfield, MO.
  • Michael Ashley Stein, Ph.D., Executive Director, Harvard Law School Project on Disability

Read biographies here: http://www.viscardiawards.org

In addition to honoring today’s leaders and mentors for the next generation, John D. Kemp, president and CEO of Long Island-based The Viscardi Center, instituted the Awards program as a way of honoring Dr. Viscardi’s legacy and raising awareness around the issues that continue to impact people with disabilities throughout the world.

“We congratulate the nine recipients and offer our praise to them for their lifetime of work. Their dedication and accomplishments represent the vision and commitment of Dr. Viscardi and the 61-year mission of The Viscardi Center,” Kemp said. “The recipients’ collective efforts have truly transformed the world’s thinking about people with disabilities. Each of them is an example of the change that can come about when you combine ambition and dedication when facing personal and societal challenges.”

Kemp also extended special thanks to the prestigious members of the Selection Committee, including: RohiniAnand, Senior Vice President and Global Chief Diversity Officer, Sodexo; Cari Dominguez, Former Chair, U. S. Equal Employment Opportunity Commission; Col. Sherwood D. Goldberg, Esq. (Ret.), Senior Advisor for Asian Affairs, Center for Naval Analysis; Hiro Itoh, President & CEO, Abilities of Japan; Axel Leblois, president & CEO, The Global Initiative for Inclusive ICTS (G3ict); Inmaculada Placencia Porrero, Deputy Head of Unit, Integration of People with Disabilities European Commission; James Sinocchi, Director, Workforce Communications, IBM; and Nina Viscardi, daughter of Dr. Henry Viscardi.

REDC Default Solutions to Pay $50,000 to Settle EEOC Disability Discrimination Lawsuit

Company Fired Texas Woman Over Post-Stroke Condition, Federal Agency Charged

DALLAS - An Irvine, Calif.-based company will pay $50,000 and furnish other relief to settle a disability discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced. The EEOC had charged REDC Default Solutions, LLC with unlawfully failing to accommodate a disabled worker at its Plano, Texas location.

According to the EEOC's suit (Civil Action No. 3:12-cv-03885-D in U.S. District Court for the Northern District of Texas), the company denied an employee the reasonable accommodation of additional leave time that was required by her disability. The EEOC said that Asset Manager Terria Wiley went out on medical leave in March 2011 after suffering a stroke. In response to a letter from the company's HR director, Wiley promptly submitted a note from her treating physician indicating a specific date when she would be able to return to work without restrictions. The EEOC charged that instead of granting a modest extension of leave as a reasonable accommodation, REDC fired Wiley.

Refusing to grant a reasonable accommodation to an individual with a disability violates the Americans with Disabilities Act (ADA), unless granting that accommodation would create an undue hardship for the employer. Reasonable accommodations can include adjustments as simple as providing a stool to sit on or granting extra sick leave. The EEOC filed suit after first attempting to reach a pre-litigation settlement through its conciliation process.

"The EEOC brought this lawsuit because the company was unwilling to be flexible and reasonable in considering Ms. Wiley's request for an extended leave period," said Robert A. Canino, regional attorney for the EEOC's Dallas District Office. "Federal law gives employees with disabilities, like Ms. Wiley, a means to continue their employment with the benefit of an accommodation."

EEOC Trial Attorney Meaghan L. Shepard said, "Accrued paid leave or additional unpaid leave can be a reasonable accommodation under the law. Ms. Wiley was able to come back and do her job at REDC, and simply required a short amount of additional time to recover from her stroke before she could do so. We are pleased to get this case settled so favorably for her."

According to company information, REDC, a subsidiary of Auction.com, is a third-party service provider retained nationwide to facilitate short sales, deed in lieu of foreclosure transactions, and other foreclosure alternatives. Auction.com is a liquidator of affordable land and is the nation's largest auctioneer of developed and raw land parcels.

In fiscal year 2012, 26,379 ADA charges were filed with the EEOC and state and local anti-discrimination agencies.

The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.

ADA-related Articles in the News

Updated February 18, 2013

Access Board Issues Supplemental Rule to Address Access to Shared Use Paths

The Access Board has released for public comment proposed requirements for accessible shared use paths used by pedestrians, bicyclists, and others for transportation or recreation. These requirements would supplement guidelines the Board is developing for public rights-of-way that were previously made available for comment.

The proposed rights-of-way guidelines, which cover access to sidewalks, streets, and other pedestrian facilities, provide requirements for pedestrian access routes, including specifications for route width, grade, cross slope, surfaces, and other features. The Board's proposal would apply these and other relevant requirements to shared use paths as well. It also would add new provisions tailored to shared use paths that address grade, cross slope, surfaces, and protruding objects. One provision, for example, specifies that the grade of shared use paths not exceed 5% or, if contained within a street or highway right-of-way, the general grade of adjacent street or highway but includes an exception where constraints imposed by terrain, infrastructure, or other factors make compliance impracticable. In addition, curb ramps and blended transitions located along shared use paths would be required to extend the full path width.

This supplemental rule is responsive to feedback the Board received from the public on its proposed rights-of-way guidelines as well as on separate guidelines it is developing for trails and outdoor developed areas. Comments from the public on these rules urged the Board to specifically address access to shared use paths since they are distinct from sidewalks and trails. Shared use paths, unlike most sidewalks, are physically separated from streets by an open space or barrier. They also differ from trails because they are designed not just for recreation purposes but for transportation as well. In addition, the Board invited comment on this subject in an earlier notice.

The proposed supplemental provisions on shared use paths are further described in a published notice which includes instructions for submitting comment. The deadline for comments is May 14, 2013. For further information, visit the Board's website or contact Scott Windley at row@access-board.gov , (202) 272-0025 (voice), or (202) 272-0028 (TTY).

ADA-related Articles in the News

Updated February 1, 2013

U.S. Department of Education Clarifies Schools' Obligation to Provide Equal Opportunity to Students with Disabilities to Participate in Extracurricular Athletics

The Department's Office for Civil Rights issued guidance clarifying school districts' existing legal obligations to provide equal access to extracurricular athletic activities to students with disabilities. In addition to explaining those legal obligations, the guidance urges school districts to work with community organizations to increase athletic opportunities for students with disabilities, such as opportunities outside of the existing extracurricular athletic program.

Students with disabilities have the right, under Section 504 of the Rehabilitation Act, to an equal opportunity to participate in their schools' extracurricular activities. A 2010 report by the U.S. Government Accountability Office found that many students with disabilities are not afforded an equal opportunity to participate in athletics, and therefore may not have equitable access to the health and social benefits of athletic participation.

"Sports can provide invaluable lessons in discipline, selflessness, passion and courage, and this guidance will help schools ensure that students with disabilities have an equal opportunity to benefit from the life lessons they can learn on the playing field or on the court," said Education Secretary Arne Duncan.

The guidance letter provides examples of the types of reasonable modifications that schools may be required to make to existing policies, practices, or procedures for students with intellectual, developmental, physical, or any other type of disability. Examples of such modifications include:

The allowance of a visual cue alongside a starter pistol to allow a student with a hearing impairment who is fast enough to qualify for the track team the opportunity to compete.
The waiver of a rule requiring the "two-hand touch" finish in swim events so that a one-armed swimmer with the requisite ability can participate at swim meets.

The guidance also notes that the law does not require that a student with a disability be allowed to participate in any selective or competitive program offered by a school district, so long as the selection or competition criteria are not discriminatory.

"Participation in extracurricular athletics can be a critical part of a student's overall educational experience, said Seth Galanter, acting assistant secretary for the Office for Civil Rights (OCR). "Schools must ensure equal access to that rewarding experience for students with disabilities."

The mission of the Office for Civil Rights ("OCR") is to ensure equal access to education and to promote educational excellence throughout the nation through the vigorous enforcement of civil rights. Among the federal civil rights laws OCR is responsible for enforcing are Title VI of the Civil Rights Act of 1964; Title IX of the Education Amendment Act of 1972; Section 504 of the Rehabilitation Act of 1973; and Title II of the Americans with Disabilities Act. For more information about the Department of Education's Office for Civil Rights and the anti-discrimination statutes that it enforces, please visit OCR's website at http://www2.ed.gov/about/offices/list/ocr/aboutocr.html and follow OCR on twitter @EDcivilrights.

Articles in the News

Updated January 25, 2013

Federal Charges Allege Captors Held Adults with Disabilities in Subhuman Conditions to Carry out Social Security Fraud

First Hate Crimes Case of Its Kind in the Country Also Charges Murder

Linda Weston, her daughter and three co-defendants are charged in a 193-count indictment, unsealed today, with racketeering, murder in aid of racketeering, hate crimes, sex trafficking, forced labor, theft, fraud and other crimes. The indictment alleges that Weston and her associates carried out a racketeering enterprise that targeted victims with mental disabilities as part of a scheme to steal disability payments from the victims and the Social Security system. As part of the scheme, Weston persuaded each victim to make her the designated recipient of their Social Security disability payments in exchange for the promise of a comfortable place to live. Once appointed as the designated recipient of disability payments, Weston, aided by the co-defendants, subjected the victims to subhuman conditions of captivity.

According to the indictment, the defendants beat the victims, kept them captive in locked closets, basements and attics, deprived them of adequate food and medical care, and moved them between Philadelphia, Pennsylvania, Texas, Virginia and Florida in order to further the scheme and evade law enforcement. According to the indictment, some of the victims endured this abuse for years, until Oct. 15, 2011, when Philadelphia Police Department officers rescued them from the sub-basement of an apartment building in the city’s Tacony section.

Today’s indictment was announced at a press conference by U.S. Attorney for the Eastern District of Pennsylvania Zane David Memeger, FBI Acting Special Agent-in-Charge John Brosnan, Special Agent-in-Charge Michael McGill with the Social Security Administration’s Office of Inspector General and Philadelphia Police Commissioner Charles Ramsey.

Along with Weston and her daughter Jean McIntosh, the indictment charges Weston’s paramour, Gregory Thomas Sr., Eddie Wright and Nicklaus Woodard. According to the indictment, the defendants used isolation, intimidation, threats of violence and violence to control the victims with mental disabilities and each defendant had a role in the racketeering enterprise:

  • Linda Weston was the leader and organizer of the enterprise that operated from at least the fall of 2001 through October of 2011. She enticed all of the victims into coming to live with the enterprise and controlled all aspects of their captivity.
  • Jean McIntosh was also a leader of the enterprise who acted as her mother’s right hand woman. She assisted in confining, controlling, disciplining, housing and transporting the victims.
  • Gregory Thomas Sr. assisted in obtaining, confining, controlling, housing and transporting the victims. He installed locks on the doors and windows of every residence where the victims were kept to prevent them from escaping.
  • Eddie Wright assisted in confining, controlling, housing and transporting the victims.
  • Nicklaus Woodard assisted in confining, controlling and disciplining the victims.

The indictment charges that in confining the victims, the defendants practiced what is described as “abusive control and confinement techniques” in which the defendants:

  • Confined the victims to locked basements, rooms, closets, attics and apartments;
  • Sedated the victims by putting drugs in the food and drink served to them by Weston and others, at Weston’s direction;
  • Subdued the victims by serving them a low calorie, high starch diet consisting exclusively of Ramen noodles, beans and stew and generally limited them to, at most, one meal a day;
  • Punished the victims by slapping, punching, kicking, stabbing, burning and hitting them with closed hands, belts, sticks, bats and hammers or other objects, including the butt of a pistol, when the victims tried to escape, stole food or otherwise protested their confinement and treatment.

The indictment alleges that Weston’s use of these techniques caused the deaths of two of the victims. For example, in 2002, Weston met M.L. and lured her to come live with the family. M.L. was forced to cook, clean, wash clothes and babysit without compensation. M.L. was beaten when she tried to escape or when she begged for food and was not provided with any medical attention for her injuries. When Weston moved the enterprise to Virginia in 2008, M.L. died of bacterial meningitis and starvation. Weston allegedly ordered other members of the household to move M.L.’s body to a bedroom and stage the scene before calling law enforcement and the next day the family left for Philadelphia. In addition, in April 2005, Weston and Thomas allegedly targeted victim D.S. who they saw standing on a street corner. They brought D.S. to the WF home at 2211 Glenview Avenue in Philadelphia. D.S. was kept in the basement with the other victims, fed a substandard diet, and not allowed to use the bathroom. On June 26, 2005, D.S. was found dead in the basement. Weston allegedly ordered other members of the household to move D.S.’s body to a bedroom and stage an accidental overdose before calling law enforcement.

The indictment also alleges that Weston forced two female captives to engage in prostitution while the enterprise operated in Killeen, Texas, and West Palm Beach, Fla.

The defendants are charged in four counts of violating the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act. The Shepard-Byrd Act criminalizes certain acts of physical violence causing bodily injury motivated by any person's actual or perceived disability, race, color, national origin, religion, sexual orientation, gender or gender identity.

“The allegations in this indictment describe a scheme to physically abuse and subjugate persons with disabilities for purposes of de-humanizing them, stealing their money, and unlawfully obtaining their labor,” said Assistant Attorney General Thomas E. Perez of the Department of Justice’s Civil Rights Division. “The laws against violently assaulting individuals because of their disabilities and those that prohibit human trafficking were designed to combat conduct aimed at vulnerable members of society, such as the alleged victims in this case.”

“Those with physical and mental disabilities are among the most vulnerable in our society. As with everyone else, they deserve to be treated with respect, not violence,” said U.S. Attorney Memeger. “Linda Weston and others, in fact, decided to prey on these victims specifically because of their disabilities and they did so through violence, fear and intimidation for the purpose of stealing social security payments that were meant for the victims’ long-term care. ‘Shocking’ does not begin to describe the criminal allegations in this case where the victims were tied-up and confined like zoo animals and treated like property akin to slaves. Hopefully, today’s announcement of a 196-count indictment will help begin the process of restoring the victims’ faith in humanity.”

“Today’s indictment represents just one more step towards closure and healing, not only for the victims of this heinous hate crime, but for the community as a whole,” said Special Agent-in-Charge John Brosnan. “The FBI, along with the U.S. Attorney’s Office, the Philadelphia Police Department and the Social Security Administration Office of Inspector General remain committed to protecting each and every citizen's civil rights, and will aggressively investigate any violation of those rights, bringing the perpetrators to justice.”

"The Office of the Inspector General investigates many cases involving the misuse of Social Security benefits by representative payees, but thankfully, we've never seen a case involving this level of cruelty and inhumanity to our most vulnerable beneficiaries," said Special Agent-in-Charge Michael McGill. "We're pleased to see justice served, and grateful to the U.S. Attorney and our investigative partners for their unflagging support in this investigation."

If convicted of all charges, each of the defendants faces a statutory maximum sentence of life in prison with advisory guideline sentencing ranges that involve substantial terms of imprisonment. Weston also faces mandatory restitution in the amount of approximately $212,000, fines, and special assessments.

An indictment is merely an accusation; all defendants are presumed innocent until proven guilty.

The case was investigated by the FBI, the Social Security Administration Office of Inspector General, the Internal Revenue Service Criminal Investigation, the Philadelphia Police Department, with assistance from the Bureau of Alcohol, Tobacco, Firearms, and Explosives, West Palm Beach Field Office. It is being prosecuted by Department of Justice Civil Rights Division Trial Attorney Betsy Biffl and Assistant U.S. Attorneys Richard P. Barrett and Faithe Moore Taylor. The case was originally charged by the Philadelphia District Attorney’s Office.

Updated January 21, 2013

Dillard's to Pay $2 Million to Settle Class Action Disability Discrimination Lawsuit by EEOC

Department Store Chain Policy Required the Disclosure of Confidential Medical Information Affecting Thousands of Workers, Federal Agency Says

LOS ANGELES -Dillard's Inc., a national retail chain, will pay $2 million and commit to extensive, company-wide injunctive relief to settle a class action disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.  At issue was Dillard's longstanding national policy and practice of requiring all employees to disclose personal and confidential medical information in order to be approved for sick leave.  The settlement also resolves claims that Dillard's terminated a class of employees nationwide for taking sick leave beyond the maximum amount of time allowed, in violation of the Americans with Disabilities Act (ADA).

The EEOC originally filed its lawsuit in 2008 in the U.S. District Court for the Southern District of California (EEOC v. Dillard's, Inc., et al, Case No. 08-CV-1780), on behalf of Corina Scott, a former cosmetics counter employee at a Dillard's store in El Centro, Calif., and others who were required to disclose the exact nature of their medical conditions to be approved for sick leave since 2005.  

While the class members had verifications from doctors to assure Dillard's that the absences were due to medical reasons, many did not feel comfortable disclosing the specifics of their conditions to the company.  According to the EEOC, Scott - who was absent from work for a mere four days - and others were then fired in retaliation for their refusal to provide details of their medical conditions, despite the fact that many of their own doctors advised them not to disclose specific medical information in accordance with the law.  

The EEOC argued that the policy violated the ADA which prohibits employers from making inquiries into the disabilities of their employees unless it is job-related and necessary for the conduct of business.  The District Court ruled that Dillard's medical disclosure policy was facially discriminatory under the ADA.  The EEOC expects to identify thousands of victims across the U.S. through the claims notice process designed to distribute the class fund arising from this settlement.  

Additionally, the EEOC claimed that Dillards enforced a maximum-leave policy limiting the amount of health-related leave an employee could take and, in practice, did not regularly engage in an interactive process with employees to determine if more leave was allowed under the ADA as an accommodation of the employee's disability.

The parties entered into a three-year consent decree requiring Dillard's to pay $2 million to identified victims and establish a class fund for currently unidentified victims who also suffered similar discrimination during the relevant time period.  Any person who worked at a Dillard's store (other than the El Centro store) between August 16, 2005, and August 15, 2009, and believes they were affected by the policy can go to www.dillardeeocsettlement.com, email dillards.settlement@eeoc.gov, or call (213) 894-1032 for more information on how to complete a claim form and potentially collect a monetary award as part of the settlement.  Also, any person who worked at any Dillard's store and believes they were terminated after May 28, 2008 for taking too much leave may also visit the website or call the phone number for more information on the claims process.  

The consent decree further requires that Dillard's hire a consultant with ADA experience to review and revise company policies as appropriate; post documentation related to this settlement; to implement effective training for both supervisors and staff on the ADA with an emphasis on medical inquiries and maximum leave policies; and, to develop a centralized tracking system for employee complaints involving disability discrimination.  Dillard's will submit annual reports to the EEOC verifying compliance with the decree.  

"I am pleased that we were able to resolve this systemic lawsuit on behalf of workers with disabilities," said EEOC General Counsel P. David Lopez.  "The EEOC always stands ready to use our enforcement to advance equal employment opportunities and we have been very successful in ensuring that people with disabilities are protected from workplace discrimination in cases such as EEOC v. Interstate Distributor Company, EEOC v. United Airlines and EEOC v. Verizon Communications."    

Anna Park, regional attorney for the EEOC's Los Angeles District Office, added, "We commend Dillard's for agreeing to measures that will prevent and effectively address potential disability discrimination. Policies and practices that permit medical inquiries without proof of a valid business necessity run afoul of the law, often having large-scale consequences. All employers should carefully examine their own policies and practices to ensure compliance with federal law."

In response to news of settlement, plaintiff Corina Scott stated, "It was humiliating to be fired after expressing my right to keep my medical information private.  I am grateful to the EEOC for assisting me and the many other workers who were also affected."

According to its website, www.dillards.com, Dillard's Inc. ranks among the nation's largest fashion apparel, cosmetics and home furnishings retailers with annual revenues exceeding $6.2 billion.  The Little Rock, Arkansas-based company operates just under 300 stores in 29 states nationwide.

 

Mayor Annise Parker, Community Leaders Break Ground on World-Class Skate Park and Park without Limits in North Houston

Mayor Annise Parker, Council Members Jerry Davis - District B and Ellen Cohen - District C and members of the Greenspoint Redevelopment Authority broke ground for new park facilities in the Greenspoint area. The 10-acre site will become home to the Spring Skate Park, which will complement downtown's Lee and Joe Jamail Skate Park, and Dylan's Park, a "park without limits" to accommodate children with disabilities. Opening is scheduled for Spring 2014.

The $5.5 million skate park in North Houston will have 72,000 square feet of skate surface and, upon completion, will be the largest skate park in the nation and second-largest in the world. This project will help fill a recreational void in the Greenspoint area, allowing children to play close to home. In addition to being a draw for residents from the immediate neighborhood and all over Houston, it will entice skateboard enthusiasts from around the country.

The skate park's unique design includes a world-class competition-scale Texas bowl featuring a full pipe, 12-foot vert ramp, 10-foot bowl, banked walls and speed hips, plus a couple of backyard-style pools and three beginner/intermediate/advanced flow bowls.  A section designed to emulate the street-skating experience will have ledges, rails, benches, banks, quarter pipes and stair obstacles, providing fun and creative challenge for skaters of all levels and interests.

A second aspect to the recreational facility, the park without limits, is named after a child who was severely injured, and later died, from child abuse. Dylan's Park will have areas designed to engage children who have a visual impairment, are deaf or hard of hearing, have been diagnosed with autism or utilize a wheel chair for mobility. The park will also include open grassy areas for unstructured play, and the facility will be completely fenced.

Parks without Limits promote inclusion, healthier bodies and add to the lives of all children, especially children with disabilities.

Funding also provides for walking trails, a community center, a management office and public restrooms. Maintenance will be handled by the Greenspoint District, which maintains other parks developed by the Greenspoint Redevelopment Authority. The District and the Authority are also working together, with other public and private sources, to create a system of trails connecting the area's parks to Greens Bayou.

Skateboarding has been shown to have therapeutic applications for children diagnosed with autism. Additionally, the small inclines of the beginner's skate area are perfect for use by persons who utilize wheelchairs. If there is community interest, the skate park could close on occasion for wheelchair games, effectively making the entire facility a park without limits.

ODEP launches media campaign encouraging youth with disabilities to pursue career goals

WASHINGTON — To help millions of people recognize what they can do to make a difference in the lives — and future careers — of young people with disabilities, the U.S. Department of Labor's Campaign for Disability Employment has released a new video public service announcement titled "Because." The PSA features real people with disabilities — not actors — who are pursuing and realizing their goals and passions as a result of the support they received from everyday people in their lives. Because nearly 1 out of 5 Americans has a disability, the PSA is intended to replace myths and misperceptions about disability employment with new views of what people with disabilities can do.

"Many people who achieve success and have found satisfaction in their careers have done so because one person believed in them and urged them to set their expectations high," said Kathy Martinez, assistant secretary of labor for disability employment policy. "This PSA challenges viewers to rethink their ideas about what people with disabilities can achieve and consider what they might do to encourage young people with disabilities to pursue their personal and career goals."

The PSA is being distributed to more than 1,400 television, including cable, English- and Spanish-language stations.

"Because" is the latest product of the Campaign for Disability Employment — a unique collaboration of leading business and disability organizations with the Department of Labor's Office of Disability Employment Policy that promotes the hiring, retention and advancement of people with disabilities. Campaign members include the American Association of People with Disabilities, the Job Accommodation Network, the National Business and Disability Council, the National Gay and Lesbian Chamber of Commerce, the Society for Human Resource Management, Special Olympics and the U.S. Business Leadership Network.

To download the PSA and posters or learn more about the Campaign for Disability Employment, visit http://www.whatcanyoudocampaign.org.

Disability Related Articles in the News