Dave's Faves

A few good reads:

Another study on the employment of people with disabilities -

"In a first-of-its-kind study unveiled to Chicago-region business leaders on January 28, a team of researchers at DePaul University discussed research results that found employees with disabilities from the healthcare, retail and hospitality sectors in the region were just as dependable and productive as employees without disabilities. In addition, researchers also discussed research results that showed accommodation costs associated with workers with disabilities were often minimal and well worth the expense."

I got that link from Access Living, which also had a link to a story about Marca Bristo, being honored as a Chicagoan of the Year.

Another great read from Steve Kuusisto: How to Write Able-ist Prose.
It starts with,

"I once knew a disabled (insert "Man" "Woman" "Child" HERE)."

And, a new blog: Crimes Against People with Disabilities, It's time to speak up... Yes, indeed.

A positive employment story

ABC World News had a story tonight about the Walgreen's Distribution Center in Anderson, South Carolina.

"Though the job market continues to be a bright spot in an otherwise
troubled economy, with the unemployment rate still just 4.7 percent, the national unemployment rate for disabled Americans is more than 44 percent.
Almost two decades after the first President Bush signed the Americans with Disabilities Act into law, disabled Americans continue to face enormous barriers in the workplace. But in this building, abled and disabled workers do many of the same jobs and earn the same pay."

This Walgreens is different. 700 employees and 40% have a disability. Check out the video or the written transcript. It's well worth a look. I would have liked to have seen more about the training, accommodations, and profitability of the employment. It looks like the employees are very satisfied, and I imagine turnover is very low.

Walgreen executive Randy Lewis speaks of the success of the effort and says that any company could do what Walgreens is doing. He says,

"This building is not about charity. It's about opportunity."

This is so much better than how Walgreen's competitor addresses employment and disability issues. Way to go, Walgreens!

Support the ADA Restoration Act

H.R. 3195 ADA Restoration Act was introduced in July, 2007 to "restore the intent and protections of the Americans with Disabilities Act of 1990." A hearing was held yesterday to discuss this bill.

This is critically important legislation, because lately more and more employees are being barred from protection by the ADA. You may remember this story about the pharmacist who was fired because of his diabetes. His employer, Walmart, denied him a 30 minute lunch break. Thirty minutes needed to eat his lunch and keep his blood sugar regulated. When the pharmacist sued, a judge threw out his lawsuit, because the judge did not consider him disabled since he took insulin and therefore deemed him not qualified for protection from the Americans with Disabilities Act.

Representative Steny Hoyer, who worked on the original bill in 1990 says that the Congress never intended to disqualify people from protection from discrimination because they were taking medication that improved their condition.

Employment is a huge, huge issue for people with disabilities. Without employment, how do we live independently, support ourselves, buy food and shelter, live a life? Without employment, we are relegated to relying on charity and government services, which just cannot be an economically sound way to run a country. Without employment, it's tough to share our perspectives, our talents.

Steve Kuusisto has a very informative analysis of the proposed modifications to the law. I urge you to read his entire post because it really clarifies the issues. He quotes Scott Lissner, a university ADA coordinator:

"This would clearly widen the scope of who is protected from discrimination (exclusionary practices and prejudicial practices resulting in differential treatment) but would not directly expand who is entitled to an accommodation. Though it is possible if fewer students, employees and program participants with disabilities are excluded there may be some increase in the accommodations provided.

The second critical change puts the ADA in sync with other civil rights legislation by moving from protecting only qualified individuals with disabilities from discrimination to protecting all individuals from disability based discrimination."

Here's what the American Civil Liberties Union's press release has to say about this important legislation:

The American Civil Liberties Union today applauded the House Committee on Education and Labor for holding a hearing on H.R. 3195, the Americans with Disabilities (ADA) Restoration Act.
The original ADA passed with overwhelming bipartisan support in 1990 and was heralded by Republican and Democratic leaders as the "emancipation proclamation" for people with disabilities. However, due to a series of Supreme Court decisions that have narrowed the definition of disability under the ADA, the vast majority of ADA cases brought against private employers have been dismissed by the courts.

The ADA Restoration Act restores the original intent of the ADA by clarifying that anyone with an impairment, regardless of his or her successful use of treatments to manage the impairment, is entitled to seek a reasonable accommodation in the workplace.

Specifically, this legislation:
amends the definition of disability so that individuals whom Congress originally intended to protect from discrimination are covered under the ADA;
prevents the courts from considering the use of treatment or other accommodations when deciding whether an individual qualifies for protection under the ADA; and
focuses on whether individuals can demonstrate they were treated less favorably on the basis of disability.

The following can be attributed to ACLU Legislative Counsel Joanne Lin: "It is time to fix the problems created by the Supreme Court. The ADA Restoration Act would reestablish Congress' original intent in passing the ADA and restore the Act to its place as one of our country's great civil rights laws."

There are 243 cosponsors of the ADA Restoration Act. But, there is considerable opposition. Some say that the ADA Restoration Act will allow everyone to claim a disability, encourage "cheaters", and the expense to business will be overwhelming. I don't buy it. As stated above, the ADA is being chipped away to not cover those who need it. And the reason is not concern that for cheaters. And, most accommodations cost very little to the employer, while adding greatly to the employer's bottom line to have a productive employee.



These statistics from a talk by attorney Howard Rosenblum of Equip for Equality, bear repeating:

20% of reasonable accommodations cost nothing.

Over 70% cost $500 or less.

The median cost is $250.

A company makes $35 for each $1 spent on reasonable accommodations. Some of the benefits include hiring and retaining a qualified employee, increased productivity, and decreased turnover costs.

Certainly a lunch break for the Walmart pharmacist is not a costly accommodation.

This bill has bipartisan support in the House, but Senate support is not clear. Please contact your Representatives and Senators to support this important civil rights legislation.

Regular updates on the progress of the ADA Restoration Act can be found at: The American Association of People with Disabilities blog and at Reunify Gally and The Road to Freedom.

"The Argument Against Lifeboats"

Steve Kuusisto of Planet of the Blind makes a very interesting comparison of the opposition to the Americans with Disabilities Act and the ADA Restoration Act with the problem of an inadequate number of lifeboats on the Titanic. Check it out!

Dave's Faves 2

Three very different links:

A horse for a service animal? Interesting.

Ruth’s back-up aide didn’t show up. She offers this prayer. I hope today is a better day for you, Ruth.

A pharmacist is fired by Walmart because of his diabetes. This is why we need the ADA Restoration Act.

House Bill 1256 Update

House Bill 1256 has passed both Illinois houses of Congress. It now goes to the governor and will be signed into law. Thanks to everyone who called or e-mailed their state representatives and urged them to support this important bill. This bill will allow people with disabilities to earn up to $25,000 a year and still be eligible for Medicaid. For many people with disabilities who have pain or low stamina, part-time employment may be a possibility when full-time employment is not.

Employment and the ADA

One of the speakers at the Coalition For Citizens with Disabilities in Illinois (CCDI ) conference was Howard Rosenblum, senior attorney for the Illinois advocacy organization Equip for Equality. Mr. Rosenblum gave a very informative presentation about the Americans with Disabilities Act as it pertains to employment.

Mr. Rosenblum explained the difference between essential functions of a job and non-essential functions of a job. He gave the example of an accounting job. Essential functions would include bookkeeping, skills with numbers, and the appropriate certification or education. Non-essential functions might include telephone communication and reading.

It is illegal for an employer to ask if a job applicant has a disability. The key point in determining suitability for a job is whether or not the applicant is capable of performing the essential functions of the job. A permissible question an employer can ask is, "Are you able to do the essential functions of the job with or without a reasonable accommodation?" Mr. Rosenblum said that, whether or not one has a disability, one can answer yes to this question. It is absolutely unnecessary to indicate "with" or "without", and it is illegal for the interviewer to ask any further questions about the existence of a medical condition or disability.

Mr. Rosenblum said that it's a tricky issue whether or not one should tell the interviewer that you have a visible disability before meeting in person. Sometimes if the interviewer knows ahead of time, he or she has time to worry. On the other hand, if the interviewer is surprised by a visible disability, he or she may be so distracted as to be unable to do an effective interview. While it is legal to ask for accommodations such as a sign language interpreter or a scribe for the job interview, Mr. Rosenblum recommended that when possible, the applicant supply his or her own accommodations for the interview. It is also legal to ask for alternative formats in a job interview.

Not being able to do the non-essential functions of a job is not a legal reason to be refused a job.

Reasonable accommodations must be provided to allow an employee to perform the essential functions of a job. An employer is not expected to make an accommodation that results in lower attendance or output requirements for the employee, is a safety hazard, or causes an undue hardship to the company. The employer is not expected to tolerate violent behaviors or provide personal care services for an employee.

Some examples of employment accommodations: restructuring of non-essential functions, modifying work schedules, and providing auxiliary aids and services.

Interesting statistics on reasonable accommodation costs versus benefits from the Job Accommodation Network (JAN):
20% of reasonable accommodations cost nothing.
Over 70% cost $500 or less.
The median cost is $250.
A company makes $35 for each $1 spent on reasonable accommodations. Some of the benefits include hiring and retaining a qualified employee, increased productivity, and decreased turnover costs.

Resources provided by Mr. Rosenblum:
Job Accommodation Network
Equip for Equality (Illinois advocacy agency, other states have their own agencies)
US Department of Justice ADA Home Page

A powerful week

This week I went to the Illinois state capital, Springfield, for the Coalition of Citizens with Disabilities in Illinois (CCDI) annual Disability Rights Conference. There were a variety of workshops on a number of topics such as disability myths (making the comparison of ableism with racism and sexism), disability law, particularly as it applies to employment, and disability bioethics (discussing Ashley X and state futility laws, such as the Texas one being applied to baby Emilio).

I was awarded the Markeeta Award, an award for a youth in Illinois pursuing social justice and disability advocacy. It is named after the first recipient of the award, Markeeta Vincer, who fought successfully to be included in the Chicago Public School System.

I learned about an important bill, HB 1256, that has passed the Illinois House and is currently going through the Illinois Senate. If you live in Illinois, I urge you to call or email your state senator and ask him or her to support this bill. House Bill 1256 is very important for people with disabilities who have the ability to work, but not necessarily full-time. I see this bill as being very important for me personally and to many others with disabilities and stamina issues.
Here's some information from CCDI on the bill:

"-Lack of access to affordable health care forces people with disabilities to work for less or not at all. The current program does not go far enough.
-House Bill 1256 allows people with disabilities to work more often or accept better paying jobs and would allow people with disabilities to earn up to $35,000 (instead of the current $20,000) while paying their share of Medicaid costs.
-House Bill 1256 would allow people with disabilities to accumulate assets to alleviate poverty and promote their independence and self-sufficiency without jeopardizing their health care coverage"

I "rubbed elbows" at the conference with other advocates that I'd heard about - Diane Coleman and Stephen Drake from Not Dead Yet, Mike Ervin, FRIDA advocates, and ADAPT advocates. (I felt like a bit of a groupie.) I had many interesting conversations and an enjoyable time in Springfield.

Carnival #9

The 9th Disability Blog Carnival is up over at The 19th Floor. The theme for this carnival is employment. Mark shares lots of posts about employment and employment issues.

And if you would like some background to this important issue, Blue at The Gimp Parade shares some statistics and factual links about disability and employment. Did you know that, "The percent of people with disabilities aged 16-64 employed is 55.8%?"

A Day at Work

I interviewed Chris and his mom, Sheila, (real names used with permission) about Chris's job. Chris is a mail clerk for Rotary International. He has had this job since 1993. He works 40 hours a week, has full healthcare benefits, and paid vacation time.

Chris describes a typical workday:

7:00 a.m. - Chris gets up, has breakfast, and puts on a white shirt and tie.
7:45 a.m. - Chris walks to the bus stop, takes bus #204 for a 15 minute ride, and then walks a few blocks to work.
8:30 a.m. - Chris signs in.
8:30 a.m. - 9:30 a.m. - Chris works in the mail center, opening mail, sorting incoming mail and interoffice mail by department, sorting the outgoing mail by cost center, and using the mail machine to seal and stamp mail.
9:30 a.m. - First mail run of the day. Pushing his mail cart, Chris takes the freight elevator to deliver mail to the departments on the 18th, 17th, 16th, 15th, and 3rd floors. After the mail run he returns to the mail center for more sorting work.
11:00 a.m. - Second mail run of the day.
12:00 p.m. - 12:30 p.m.- Chris takes his lunch break in the cafeteria.
12:30 p.m. - Back to work in the mail center.
1:30 p.m. - Third mail run of the day.
3:00 p.m. - Fourth mail run of the day.
4:00 p.m. - Last mail run of the day.
5:00 p.m. - Chris heads home on the bus.

Chris is very dedicated to his work. He is always on time and is rarely absent. His professionalism is appreciated by Rotary International. Chris has an excellent memory for names and knows almost everyone in the company. He loves his job and loves the people he works with.

Payday is every other Friday. Chris deposits most of his paycheck into his bank account, taking out a small amount for his wallet. He uses his money to buy his lunch and soda at work, take his parents out to dinner occasionally, and pay for his YMCA membership.

Chris got to where he is today with hard work on his part and a team effort with his parents, his school and his community. He got his first job at 13 years old, picking up the mail from his church, then crossing two streets and delivering the mail to the post office. Chris’s school and his mother worked together to set up many job training opportunities for him. Over the years, he worked one to three hours a day as a mail clerk at a nursing home, in food service at a school, at his local university, and in other jobs in his community. In addition to learning job skills, Chris learned how to cross streets, take public transportation, and he explored his likes and dislikes.

Since Chris had always enjoyed delivering mail, Sheila thought working at Rotary International as mail clerk might be a good match for him. In addition, Rotary was at a location that Chris could get to independently. In April of his last year of school, Chris began training to work for Rotary. His job coach from his school helped to develop the job, break it down into smaller pieces, and teach him the whole process. The job coach provided Chris with full support initially and gradually withdrew his support as Chris became more comfortable with the job. In June of 1993, Chris finished high school and started working full time for Rotary International. Coming up on his 14th anniversary, Chris is a valued member of his company.

“I’m proud of myself. I love my job,” Chris says with a smile.

Top photo from Steve Liss, other photos from Sheila