The ADA Report- July, 2019

 Americans with Disabilities Act. Celebrate the ADA ! July 26, 2019

Celebrate the 29th anniversary of the ADA by signing the ADA Pledge: A nationwide celebration and recommitment to the ADA.   https://www.adaanniversary.org/pledgeon

 

If you missed the July 3rd ADALive podcast: A Conversation with Senator Tom Harkin, you can access the archives (audio and transcript) at   https://www.adalive.org/episode70 

 

Webinar:Reflections on the ADA: Past, Present, and Future

Presented by TransCen, Inc and the Mid-Atlantic ADA Center
July 30, 1:00pm t0 2:30pm Central

This session will feature two unique perspectives on the evolution, current status, and future direction of the law. Disability rights attorney, John Wodatch, served 42 years in the Federal government, where he co-authored the ADA’s comprehensive disability rights regulations and created and led the Department of Justice's section in charge of enforcing the law. As the former director of the Mid-Atlantic ADA Center, Marian Vessels brings her professional experience educating governments, businesses and individuals on rights and responsibilities under the ADA. She also provides her personal perspective as an individual with a disability before and after the ADA’s passage. Join us for a lively discussion of the ADA’s history, enforcement and significance in our communities.FYI/Resources

Resources

Great Plains ADA Center updates its website. www.gpadacenter.org

We have made a few changes in our website resulting in a cleaner look, easier navigation, and a homepage twitter feed.  New resources will be added to our website on a monthly basis and highlighted in the ADA Report

This month, visit our resource page. It links to documents and resources on a range of ADA related topics organized by category.  New links will be added, so bookmark this page for future visits.

 


Guide dog leading blind man walking alongside blind woman using a cane.

State Laws Covering Service Animals

Title II and Title III of the ADA give people with disabilities the right to use service animals (dogs and miniature horses) in public places.  A number of states also have laws that cover service animals. These laws may expand the definition of a service animal for that state or cover areas that are not addressed by the ADA, such as fraudulent use or harming an individual with a disability's service animal.

Table of State Assistance Animal Laws

State Laws Covering Support Dogs in Court Facilities

State Laws Covering Fraudulent Use of Service Dogs

State Laws Covering Interference with Assistance Animals

Court Cases/Reports/Articles

Work Restrictions Don't Necessarily Amount to a Disability

Lexology

The U.S. Court of Appeals for the Sixth Circuit held that the fact an employee had work restrictions that prevented his transfer did not mean that he was disabled under the Americans with Disabilities Act.

In Booth v. Nissan North America, Inc., an employee suffered an injury resulting in work restrictions, but those restrictions did not affect his ability to perform his job duties, which he continued to do for another decade. He then applied for a transfer, but those restrictions conflicted with the requirements of the new position and he was denied the transfer. In the meantime, his current job was restructured to add new duties that were also in conflict with his restrictions. The employee’s doctor then reevaluated him and modified the restrictions such that he could perform all the duties. He then sued, alleging violations of the ADA.

The Sixth Circuit found that the denial of transfer claim was untimely, as he failed to file a charge of discrimination with the Equal Employment Opportunity Commission within 300 days of the denial decision. Although the employee noted that the denial had been reiterated within that 300-day period, the Sixth Circuit found that the 300-day period ran from the date of the final decision, and not any date of subsequent re-explanation of the decision.

In addition, the Sixth Circuit also disposed of the discrimination claim. If an employee claims that he is substantially limited in the major life activity of working, he must show that his impairment limits his ability to “perform a class of jobs or broad range of jobs.” The Sixth Circuit held that “simply having a work restriction does not automatically render one disabled…nor does being unable to perform a discrete task or a specific job.”


Employing and including workers with disabilities:  3 lessons from the Society for Human Resource Management (SHRM) 2019 Annual Conference.

HRDive, June 29, 2019

Presenters at the annual conference of the Society for Human Resource Management (SHRM) urged attendees to adopt strategies to make their workplaces more inclusive of people with disabilities. The top tip: provide training and take action to fight subconscious bias.


New guidance from the CDC urges a more nuanced approach to treating and managing pain, including appropriate use of medication.

-USA Today, June 27, 2019

The Centers for Disease Control and Prevention (CDC) recently issued new guidance for opioid prescribing, stating that many doctors have been misapplying earlier guidelines aimed at reducing opioid addiction and overdose. Some doctors, insurers, and regulators overreacted to those earlier guidelines, with results ranging from abrupt, dangerous withdrawals for long-term patients with chronic pain, to patients in acute pain from surgeries or conditions like cancer being denied adequate pain medication.


Red, white and blue vote button against a blue background.

The Disability Vote: An Increasing Voter Bloc That Will Impact 2020

American Association of People with Disabilities (AAPD), July 10, 2019


Upcoming Webinar/Conferences/Training

How to Create and Test Accessible PDFs 

Tuesday, July 30th, 2019

1:00 PM EDT - 1:30 PM EDT

Nicshan Floyd, of the U.S. Department of Homeland Security’s Office of Accessibility Systems & Technology (OAST) will conduct this session and address common questions about PDF accessibility and review access issues and solutions. In addition, he will offer best practices and techniques from the Accessible Electronic Document Community of Practice. Attendees will learn how to discover accessibility issues by manually examining different components of PDFs such as the Content layer, Tags layer, and Logical Reading Order. They will also learn to utilize Adobe Acrobat’s Accessibility Checker to validate and remediate identified accessibility problems.


Insights on Traveling with a Mobility Disorder 

Tuesday, August 20, 2019

2:00 PM Eastern Time Zone

Traveling by planes and trains and accessing places of lodging and tourist sites can present obstacles for persons that use mobility devices. Join us for this session as our speaker talks about her travel as a wheelchair user and the tips and tricks she has developed in her 20 plus years of travel. The speaker will talk about the Air Carriers Access Act (ACAA) and the Americans with Disabilities Act (ADA) as it applies to her travel. There will be time for participants to ask questions following the speaker’s presentation.


Save the Dates!

 

ADA Coordinator Conference

October 14-15, 2019 Charlotte, North Carolina

Registration will open soon.www.adacoordinator.org


National ADA Symposium

The 2020 National ADA Symposium will be held May 10-13 in Kansas City, MO at the new Loews hotel!

Note: Photos from the recent 2019 National ADA Symposium