Trainings & Events
ADA Audio Conference Series
2008 Legal Issues Webinar: Employment and the ADA
News from the Federal Agencies
U.S. Access Board
Advisory Committee Presents Report on Vessel Alarm Systems
The Access Board received a report on vessel alarm systems during its September meeting. The Access Board organized the committee in 2007 to prepare recommendations on how new passenger vessel guidelines should address emergency alarm systems for passengers with hearing impairments. The committee’s report outlines consensus recommendations on providing access to vessel alarm systems in public use areas and to those located in passenger cabins. Read more
http://www.access-board.gov/pvaac/alarms/report.htm
U.S. Equal Employment Opportunity Commission
EEOC ADDRESSES PERFORMANCE AND CONDUCT ISSUES UNDER THE AMERICANS WITH DISABILITIES ACT: New Publication Focuses on Frequently Asked Questions from Employers and Employees
In an effort to increase compliance and reduce confusion surrounding how the ADA applies to conduct and performance issues the EEOC released a question and answer guide, which explains how the requirements of the ADA applies to a wide variety of performance and conduct issues. Actual cases are used to illustrate the appropriate implementation of conduct and performance standards, as well as the appropriate role of reasonable accommodations. The guide also provides recommendations on how and when employees should request reasonable accommodations to help them comply with conduct and performance standards, and how these request should be handled by employers. Read more about the Document at http://www.eeoc.gov/press/9-3-08.html.
New EEOC Publication Aimed at Increasing Opportunities for People with Disabilities in Federal Employment.
The EEOC released a new document aimed at increasing the number of people with disabilities who are currently employed by federal agencies. The new publication provides answers to frequently asked questions about what the law allows and requires federal agencies to do with respect to the affirmative hiring and employment of people with disabilities. Read more about the Document at http://www.eeoc.gov/press/8-26-08.html.
U.S. Department of Housing and Urban Development
The U.S. Department of Housing and Urban Development has charged a New York Co-OP with denying the parents of an autistic child from getting an emotional support animal. The parents stated that the Co-OP’s original agreement to allow the animal included restrictions on the type and size of the animal as well as a requirement for liability insurance in the amount of $1,000,000. The restrictions by the Co-OP amounted to a denial of the family’s request for the modification of the building’s no pet policy HUD charged. The charge will be heard by a United States Administrative Law Judge unless any party to the charge elects to have the case heard in a federal district court. Read more about the chargeshttp://www.hud.gov/news/release.cfm?content=pr08-156.cfm
Department of Justice
The Department of Justice announced it had settled a lawsuit against a Lancaster, PA apartment owner and its management company. The lawsuit alleged violation of the Fair Housing Act because the management company had refused to rent an apartment to an individual with a vision impairment that uses a guide dog. The landlord has agreed to pay $60,500 and to modify its policies when necessary to insure that residents with disabilities have an equal opportunity to enjoy the full range of amenities offered at the apartment complex. Read more about the lawsuithttp://www.usdoj.gov/opa/pr/2008/October/08-crt-914.html
The U.S. Department of Justice announced it had reached a Settlement Agreement with the Barter Foundation, Abingdon, VA. An investigation by the Department of Justice was initiated following a complaint by the Board of Directors for The Appalachian Independence Center, Inc. The complaint alleged the Barter Foundation was in violation of Title III of the ADA by failing to include accessible parking and an accessible route of travel from the Barter Theatre building to the Stonewall Square facilities. The Barter Foundation has agreed to remove all of the physical barriers identified during the Department of Justice’s investigation over a 12 month period. Read more about the provisions of the agreementhttp://www.ada.gov/barter.htm
Great Lakes In Focus
2008-09 ADA Audio Conference Schedule
The network of Disability and Business Technical Assistance Centers (DBTAC). Provide another tool for accessing information on the Americans with Disabilities Act (ADA)
The Disability Law Lowdown is a podcast series devoted to disability law issues. It is available for free download on both iTunes and the Disability Law Lowdown websitehttp://www.disabilitylawlowdown.com/. The podcasts are available in ENGLISH, SPANISH, and AMERICAN SIGN LANGUAGE
Listeners can subscribe to the podcasts to have shows automatically delivered to them. The podcasts are also available on the DLL website, where transcripts of the shows are simultaneously available.
New episodes are available today, including The ADA Amendments Act (the English podcast), Employment Discrimination and the ADA (the Spanish podcast), and Law Enforcement and the ADA (the ASL podcast).
The Disability Law Lowdown brings listeners the latest information about disability rights, disability case law updates, obligations under the Americans with Disabilities Act, and other disability-related topics.
Disability Law Lowdown is brought to you by the Disability and Business Technical Assistance Centers (DBTAC), which is a national network of ten ADA Centers, offering technical assistance and training on the Americans with Disabilities Act and other disability-related laws. You may reach your Center by calling (800) 949-4232 (V/TTY).
In Focus Suggested Resources
- DBTAC National Network of ADA Centers http://www.adata.org/
- Disability Law Lowdown Podcast http://dll.ada-podcast.com/
The Docket
Kellogg v. Energy Safety Servs. Inc. d/b/a Oilind Safety LLC, 10th Cir., No. 07-8072
http://ca10.washburnlaw.edu/cases/2008/10/07-8072.pdf
The 10th U.S. Circuit Court of Appeals has ruled that driving is not a major life activity under the Americans with Disabilities Act (ADA). The decision reversed a lower court jury verdict in favor of the plaintiff, Ireane Kellog.
Kellog was a Safety Supervisor for Energy Safety Servs. Inc. and in that position was required to drive extensively to get to client locations. After being diagnosed with epilepsy her physician instructed her not to drive for six months. When Kellog’s physician would not release her back to work without the driving restriction her employer terminated her.
Kellogg sued, alleging that Oilind discriminated against her in violation of the ADA by firing her and that they had denied her overtime payments under the Fair Labor Standards Act (FLSA). The jury found in her favor on both counts and awarded her damages. The district court also awarded Kellogg prejudgment interest, front pay under the ADA, liquidated damages under the FLSA and attorney’s fees. The lower Court also wrote that driving was certainly a major life activity under the ADA particularly in rural Wyoming where public transportation is virtually non-existent.
The 10th Circuit Court of Appeals disagreed and in its ruling wrote that the Equal Employment Opportunity Commission guidance on the definition of disability did not list driving as a major life activity. The Court of Appeals also stated that driving is merely a “means to an end” and not a major life activity in and of itself. The ruling places the 10th Circuit with the 2nd and 11th in holding that driving is not a major life activity.
From the ADA Expert
Question:Are there any tax benefits to assist businesses trying to comply with the requirements of the Americans with Disabilities Act (ADA)?
Answer:In order to assist businesses with complying with the ADA, Section 44 of the IRS Code allows a tax credit for small businesses and Section 190 of the IRS Code allows a tax deduction for all businesses.
The tax credit is available to businesses that have total revenues of $1,000,000 or less in the previous tax year or 30 or fewer full-time employees. This credit can cover 50% of the eligible access expenditures in a year up to $10,250 (maximum credit of $5000). The tax credit can be used to offset the cost of undertaking barrier removal and alterations to improve accessibility; providing accessible formats such as Braille, large print and audio tape; making available a sign language interpreter or a reader for customers or employees, and for purchasing certain adaptive equipment.
The tax deduction is available to all businesses with a maximum deduction of $15,000 per year. The tax deduction can be claimed for expenses incurred in barrier removal and alterations. It is not available for new construction.
For questions about the ADA Amendments Act contact the DBTAC: Great Lakes ADA Center by calling (800) 949-4232 (V/TTY) or by visiting the online contact formhttp://www.adagreatlakes.org/WebForms/ContactUs/
Suggested Resource
- ADA Tax Incentives Packet http://www.ada.gov/taxpack.htm
- Expanding your market: Customers with Disabilities Mean Business http://www.ada.gov/busstat.htm
- ADA Guide For Small Businesses http://www.ada.gov/smbustxt.htm
