Trainings & Events
ADA Audio Conference Series
2008 Legal Issues Webinar: Employment and the ADA
News from the Federal Agencies
U.S. Access Board
Updated Draft Guidelines for Buses and Vans
The U.S. Access Board has issued updated accessibility guidelines for buses and vans. Public comments are being accepted on the document until January 20, 2009. The guidelines are part of the Board’s refresh of the vehicle accessibility guidelines under the Americans with Disabilities Act. The new draft includes revisions made in response to input of draft guidelines issued in 2007. Changes and additions address level boarding access, automated stop announcement systems, boarding devices, wheelchair spaces, headrests, accessible routes, and provisions for bus stations. In addition, the Board has added provisions specific to over-the-road buses. Read more
http://www.access-board.gov/transit/noa2.htm
Committee on Emergency Transportable Housing Issues Report
The Access Board’s Advisory Committee on Emergency Transportable Housing presented its recommendations at the Board’s last meeting. This committee was organized to examine access to housing trailers made available by the government in response to natural disasters and emergencies. The committee, which included representation from disability groups, industry and code groups, and government agencies, reviewed standard designs for these types of trailers and assessed engineering and other constraints. Read more
http://www.access-board.gov/eth/report.htm
Department of Justice
The U.S. Department of Justice announced it has filed a lawsuit against an Evansville, IN, retirement community. The lawsuit alleges that the Rathbone Retirement Community is in violation of the Fair Housing Act for prohibiting residents that use electric wheelchairs or scooters from using the devices in the dining hall or in their apartments. Read more about the lawsuithttp://www.ada.gov/reg3a.html#Anchor-11185
The U.S. Department of Justice announced a settlement agreement with Push My Swing, Inc. The Department conducted an investigation following a Title III complaint being filed alleging that the child care center refused to admit a child with a mobility impairment who wore leg braces. The child care center originally admitted the child but later refused admittance stating that its insurance carrier would not cover the center if the child fell. As a result of the settlement Push My Swing agrees to not discriminate on the basis of disability in the provision of its services, develop a non-discrimination policy and provide that policy to the parents or guardian of any child with a disability seeking entrance to the center. Read more about the provisions of the agreementhttp://www.ada.gov/pushmyswing.htm
Disability Rights Online News
The U.S. Department of Justice has posted Issue 27 of the Disability Rights Online News to its web site. This publication is a bi-monthly update on the Civil Rights Division's activities in the area of disability rights. The new issue was posted on November 7, 2008. Read the publicationhttp://www.ada.gov/disabilitynews.htm
U.S. Departmnet of Labor
The U.S. Department of Labor has published a final rule for the Family and Medical Leave Act (FMLA). The final rule expands FMLA for military families and clarifies rules for workers and employers. Provisions in the final rule call for increased notice obligations for employers and revises employee notice rules to minimize workplace disruptions that may result from unscheduled FMLA absences. The final rule also contains technical changes that reflect decisions by the U.S. Supreme Court and lower courts. Read Moreabout the rulehttp://www.dol.gov/opa/media/press/esa/esa20081703.htm
Great Lakes In Focus
Upcoming Chronicle Issues and Training Opportunities
The next issue of the Great Lakes Chronicle will be February 2009 due to holiday schedules. When the next issue is posted the ADA Amendments Act of 2008 will have become effective. The Equal Employment Opportunity Commission (EEOC) is responsible for developing regulations that will implement the law. It is expected that the EEOC will issue interim guidance early in 2009. The interim guidance will be effective when published. If the EEOC does issue interim guidance they will be able to accept public comments on the guidance and could make modifications at a later date.
The Great Lakes web site will be a great place to stay informed on changes to the ADA. It is anticipated there will be a special session of the ADA Audio Conference series when the EEOC issues its guidance sometime in early 2009. In addition to the special session of the Audio Conference a four part series on employment begins in January. The sessions include:
4-Part Series – Employment Series
- January 20th, 2009 >> Work at Home/Altered Work Schedules as an accommodation
- February 17th, 2009 >> Unraveling the differences and similarities regarding leave, light duty, reassignment and return to work issues: Implications for Employers
- March 17th, 2009 >> Virtual Communication: Implications for Employers
- April 21st, 2009 >> Understanding Mental Illness: What does an employer need to know?
In addition to the Audio Conference sessions the Great Lakes Center hosts a Legal Issues Webinar series. Upcoming sessions in the series include:
- January 13th, 2009 >> Interplay between the ADA and the Family Medical Leave Act (FMLA)
- March 3, 2009 >> Disparate Treatment vs. Disparate Impact
- April 28, 2009 >> Legal Update on Major Life Activities
All Audio Conference and Webinar sessions are from 1-2:30 CST. Registration information and descriptions of the sessions may be found at ADA Audiowww.ada-audio.org or by calling (877) ADA-1990 or (877) 232-1990 (V/TTY).
Look for the Chronicle to continue to provide the latest information from Federal agencies, upcoming events and other ADA related information in 2009. If you have questions regarding the Chronicle please contact Peter Berg at (312) 413-1407 (V/TTY) or via the online contact formhttp://www.adagreatlakes.org/WebForms/ContactUs/Default.asp?attention=Peter%20Berg
Resources
Notice Concerning the Americans with Disabilities Act (ADA) Amendments Act Of 2008http://www.eeoc.gov/ada/amendments_notice.html
The Docket
Ligas v Maram
http://www.equipforequality.org/news/pressreleases/ligasmaramfiles.php
An agreement to settle a lawsuit between Illinois residents with developmental disabilities and State of Illinois officials was announced. The class action lawsuit had been brought against the State for alleged violations of the civil rights of people with developmental disabilities in Illinois.
Under the proposed Consent Decree, all individuals with developmental disabilities living in private institutions will receive independent evaluations to determine the supports and services they need to live in a community setting. Following the evaluation, those who choose or do not oppose community placement will receive an individualized service plan and move into the community over a six-year period.
A Judge must approve the consent decree before the terms of the agreement can be put into action. The plaintiffs were represented by Equip for Equality and Sonnenschein Nath & Rosenthal LLP as lead counsel on the case. The plaintiffs are also being represented by Access Living, the American Civil Liberties Union of Illinois and the Public Interest Law Center of Philadelphia.
From the ADA Expert
Question:My son has autism and I am his primary caregiver along with a woman hired by my wife and me. This woman is moving and I need to adjust my work schedule in order to care for my son. Does the ADA require my employer to provide this schedule adjustment as a reasonable accommodation?
Answer:The Americans with Disabilities Act prohibits covered employers from discriminating in all aspects of the employment process against a qualified applicant or employee on the basis of disability. A disability is defined under the ADA as:
A physical or mental impairment that substantially limits one or more major life activities or:
A record of such an impairment or:
Being regarded as having such impairment.
The ADA does require covered employers to provide accommodations to qualified applicants/employees when necessary to provide equal access to the employment process, allow an individual to perform the position or to provide equal access to any benefit associated with the position.
However, a covered employer is not required to provide an employee with an accommodation because the employee has an association with some one with a disability. The obligation for an employer to provide an accommodation is only to the individual with a disability. The ADA does prohibit an employer from discriminating against the employee based on an employee’s association with some one with a disability. For example, it would be discriminatory for a covered employer to not provide a promotion to an employee that has a child with a disability because the employer thinks the employee will not have the time to handle the new position.
There may be other laws, Family and Medical Leave Act or state law that would provide time off to allow you to care for your son. One can check with the U.S. Department of Labor, (800) 827-5335, regarding the requirements of the FMLA. One should check with a state’s civil rights commission or department of human rights to see if the state has any laws addressing this situation.
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
- Questions and Answers About the Americans with Disabilities Act's Association Provision http://www.eeoc.gov/facts/association_ada.html
- Questions and Answers about EEOC’s Enforcement Guidance on Unlawful Disparate Treatment of Workers with Caregiving Responsibilities http://www.eeoc.gov/policy/docs/qanda_caregiving.html
- The Family and Medical Leave Act, the Americans with Disabilities Act, and Title VII of the Civil Rights Act of 1964 http://www.eeoc.gov/policy/docs/fmlaada.html
