"ADA Authors Rebut Critics of ADA Restoration"

Reunify Gally is full of links and information about the ADA Restoration Act. The most recent post shares a letter that Representatives Hoyer and Sensbrenner wrote in response to points raised in opposition to the ADA Restoration Act. These representatives were part of the drafting of the original ADA and are now leaders in the bipartisan work on the Restoration Act.

Here's a portion of the letter:

"The clarification of the definition of the ADA is by no means a “radical change.” Moreover, it will ensure that those who “are deserving of” the ADA’s protections will be covered by the law. We hope you agree that people “deserving of the ADA’s protections” include the many people with epilepsy, diabetes, heart conditions, depression, multiple sclerosis, cancer, and intellectual disabilities who have been told by the courts they are not “disabled enough” to gain protection under the ADA."

And,

"Finally, passage of this law will not overwhelm the EEOC and cause it to be unable to do its job. The statistics on the number of charges filed with the EEOC, and the number of findings of reasonable cause, are closely comparable to other civil rights statutes protecting our citizens. As you are aware, any individual who charges discrimination under any of the civil rights laws must prove that the discrimination occurred because of an illegitimate factor."

Check out this post at Reunify Gally for both the criticisms and the full response to the criticisms.

Steak 'n Shake apology

"We believe in admitting when we make mistakes and learning from them."

I blogged about the lack of service that Karen received at the Steak 'n Shake drive-thru because of her deafness. You can read here about Karen's meeting with representatives with Steak 'n Shake.

If you read through Karen's posts on this incident (and the resulting comments), you can see just how many people have a hard time believing that this type of discrimination exists.

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.

Another story illustrating why we need the ADA

Yesterday afternoon, Karen, who blogs at A Deaf Mom's Shares Her World, wanted to order shakes for herself and her son. Karen is deaf and cannot place a drive-thru order via the speaker. She needs a real person with whom she can lipread and speak. Doesn't sound too tough, does it? She drove up to the payment window at Steak and Shake to place her order, and was refused service, even threatened by the server with calling the police because she was "disrupting business."

Last summer, a woman with underdeveloped arms and hands who uses her feet to do the work of her hands, was refused service for herself and four children at McDonald's because the employee was disgusted when she gave him her credit card with her foot.

I've heard some people say that we don't really need the Americans with Disabilities Act because,

C'mon, people are reasonable.
Why get the government in the middle of it?
It will cause more trouble than it's worth.

And, again -

People are reasonable, we can work things out ourselves.

Nope. Not true.

Reasonable people will stop their car when the school bus stops in front of them to let kids off, even if the kids aren't crossing the street. But, we have a law. Why? For the safety of our children, and because, frankly, some people aren't so reasonable when they are in a rush or in a foul mood or just don't feel like stopping.

So many, many times when I try to do something - sing in a play, go on a school field trip, enter a restaurant, I hear,

We can't...
We don't....
You can't...
Sorry, it just won't work.
I know there's the ADA and all, but...
Go away.

The ADA is needed so that people can have shelter, work, shop for groceries and other necessities, get healthcare, take public transportation, etc, etc. Important daily functions, and recreation as well.

Incidently, money isn't really the issue here. As is so often the case, accommodations are not necessarily costly. They simply require a little thought, a little effort, or a little creativity.

A few suburbs over from the Karen's Steak and Shake is a Culver's Restaurant who, a few years ago, installed a bell at their drive-thru speaker.

"The customer pulls up and simply rings the bell...The staff now knows that the person out here is struggling with the speaker and then they pull forward and then they are handed a pen, paper and a to go menu."

(This accommodation and others similar to it are designed by a Chicago company, Inclusion Solutions.)

We need the ADA and we need the ADA Restoration Act to keep the teeth in the law.

We can't count on people being "reasonable".

"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.

Voting questionnaire

A friend from my high school days contacted me about a newstory that she is writing for her journalism class at NYU. Katie is a journalism and politics major, and is writing about access to voting for people with disabilities. I answered her questions and offered to post her questions here so that she could maybe get a few more responses. If you have a disability and can take a few minutes to answer any or all of her questions by noon on Wednesday, October 10, she'd greatly appreciate it.

Two New York Times articles last summer (here and here) addressed the issues and delays of voting machines which allow independent access to voting by those with disabilities.

Katie's questions:

1. Have you voted (for President, Congress, even school board)?

2. If so, tell me about your experience - did you use a paper ballot or a machine? Did you find the system difficult? Any problems getting to the voting place?

3. If not, why didn't you vote?

4. Do you plan to vote in the 2008 Presidential election?

5. There is a federal law stating that all disabled persons must be able to cast their vote without assistance, because someone helping them might influence their vote. Do you think this is important? Is voting on your own a part of being independent?

6. The new law discussed in the New York Times articles is being debated because experts are worried that the voting machines that are easiest for most disabled people to use may not be totally secure - it is possible that hackers could hack into the system and screw up the votes. So, politicians are trying to balance what is most important - giving the disabled full access to voting or protecting voting security. What do you think?

7. Do you think it is important for every effort to be made to help disabled people vote? Why?

8. What would you think if you found out that the voting machines used to help the disabled were being canceled because of hacking concerns?

9. What would be the easiest way for you to cast a ballot?

10. Do you have any political issues that are especially important to you? What are they and why?

Email your answers to Katie at: km1312@nyu.edu no later than Wednesday at noon. Your thoughts on any of the questions would be appreciated.

Thank you!

Dave's Faves 1

School and health issues are keeping me out of advocating trouble. I’m not having as much time as I’d like to post my thoughts, but many other bloggers are writing great stuff, and there are always interesting things to be found in the news. So, welcome to the first “Dave’s Faves”, where I’ll be linking to some of those interesting finds.

Steve Kuusisto, dealing with a guide dog stress injury, hits on an issue that is all too common for people with disabilities. “I wonder sometimes if the able bodied public knows that people with disabilities have stress injuries that are the result of their accommodations. Wheelchair users have carpal tunnel syndrome; back aches, neck aches, profound tension headaches—all of these things are essentially the norm for PWDs." So true. I need my computer because I cannot handwrite, but I get neck pain from using my computer too much. It’s tough to figure out the right balance when the computer is a necessary part of my independence and yet causes me so much pain.

"This is best for you." Ruth eloquently writes about those simple, yet incredibly annoying words that people with disabilities hear from total strangers. “So far the winner is a secretary at a local DME provider who ‘decided’ which wheelchair was best for me in less than a minute. I suppose she had a chart in front of her which indicated the exact model to "prescribe" for a quadriplegic. When I brought up the issue of what medical folks thought I should have, she promptly replied ‘Oh no. The model I gave you is the one you need.’”

As people often presume incompetence in all areas when one is in a wheelchair, Bridget Houlihan offers great examples about "what it takes to simply be your best when your have a disability." I can relate to her experience of hoping a college education would encourage people to take her more seriously.

“Bah humbug.” In Goals schmoals, Terrible Palsy shares her feelings about school and therapy goals for her son. “Stick your goals where the sun don’t shine. Happiness is all that matters.” Right on!

Thanks to Ruth for noting this USA Today article about the rise in reporting of housing discrimination. I did not know that housing discrimination on the basis of disability was as prevalent as discrimination based on race.

Ever been in the hospital at night? I have. Billie, at Micropreemie Twins, shares the wonderful night’s sleep she and her daughter get while in the hospital. Not! It’s common knowledge that sleep is necessary for healing – someone needs to tell hospital personnel.

Disaboom is a new website hoping to become a resource for the disability community. Check it out.

Mobility International USA is looking for 15-17 year olds with and without disabilities to participate in a 21 day trip to Bahrain next summer.

Finally, Amanda, at Ballastexistenz, shares and analyzes the story of a boy who really was a hero in Kid Hero Saves a Teacher.

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.