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May 12-14, 2008 - National ADA Symposium & Expo - St. Louis, MO

In the News

Updated April 28, 2008

Judge Rules Social Security Administration Must Accommodate Blind Beneficiaries

On April 23, 2008, Judge William Alsup of the U.S. District Court for the Northern District of California ruled that the U.S. Social Security Administration (SSA) must accommodate the real and legitimate needs of people with visual impairments who receive benefits from SSA. The agency is required under the Rehabilitation Act and the due process clause, the ruling states, to provide communications in formats that are accessible to these beneficiaries. Judge Alsup’s ruling cites a concern about “the possibility that the agency [SSA] channeled the discrimination claims of plaintiffs into a black hole from which there is no escape.”

The ruling came after SSA sought to dismiss a class action filed in federal court in 2005 by the American Council of the Blind and a group of individuals who are blind or have visual impairments filed a class action lawsuit against SSA, alleging that the agency fails to provide the most basic accommodations to its blind and visually impaired applicants and beneficiaries. To this day, the SSA communicates with blind and visually impaired applicants and beneficiaries in standard 12-point font print that they cannot read, and is unwilling to provide meaningful communication in alternative formats such as Braille, audio, large font or electronic text.

Plaintiff attorneys argued successfully that the agency is subject to the jurisdiction of Section 504 of the Rehabilitation Act of 1973, which bars discrimination on the basis of disability in federal programs, including removing communication barriers by providing “auxiliary aids” that allow persons with disabilities an equal opportunity to participate.

Plaintiffs in the lawsuit have gone without benefits as a result of SSA’s failure to give them effective notice of its actions. “Imagine receiving a phone call from the bank that your checks are bouncing and fees are mounting,” suggests American Council of the Blind Executive Director Melanie Brunson.

Attorneys for the plaintiffs include the Disability Rights Education and Defense Fund, Heller Ehrman LLP, the Oregon Advocacy Center, and the National Senior Citizens Law Center.

News articles about the ADA

The content of the news articles is externally linked and may be inaccessible to people with disabilities. Access to articles may expire after a duration.

Credit reports to be accessible to the blind (San Francisco Chronicle 4/24/2008)
The nation's major credit reporting companies will make on-line credit reports accessible to blind people's audio software under an agreement.
Disabled man's complaint prompts series of changes in Johnson County (Fort Worth Star-Telegram 4/17/2008)
Johnson County has changed how it works with disabled people after a man unhappy with the way he was treated filed a federal complaint.
Businesses must grant access to guide dogs (Brownsville Herald 4/13/2008)
Under the ADA, all privately owned businesses, as well as public buildings, must grant access to people with disabilities who have trained service animals. A "service animal" is a guide dog or any other type of animal that is particularly trained to assist someone with a disability.

Wal-Mart to Pay $300,000 to Rejected Job Applicant with Disability

KANSAS CITY, Kan. (4/17/2008) – Wal-Mart Stores, Inc. will pay $300,000 to a Hardin, Mo., man to settle a disability discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC).

In its suit, the EEOC alleged that Wal-Mart refused to hire Steve Bradley, who has cerebral palsy and uses crutches or a wheelchair for mobility, when he applied for employment at its Richmond, Mo., store in 2001. At the time, the retail giant was preparing to open a new 24-hour Supercenter and was conducting mass hiring. Bradley applied for any available job, but during his interview he was questioned about his ability to work using his wheelchair and was told he was “best suited” for a greeter position. Ultimately, the company refused to hire him. The EEOC’s suit (EEOC v. Wal-Mart Stores, Inc., No. 04-cv-0076 (W.D. Mo)) alleged that Wal-Mart violated Title I of the Americans with Disabilities Act (ADA) when it refused to hire Bradley.

In a proposed consent decree, which will require court approval, Wal-Mart agreed to pay $300,000 to Bradley, provide ADA training to managers at its Richmond store, notify job applicants about the decree and inform several Kansas City-area job service agencies that that the company seeks to employ qualified individuals with disabilities. If approved by the court, the EEOC will monitor the company’s compliance with the decree for two years.

The settlement followed a February 2007 decision by the U.S. Court of Appeals for the Eighth Circuit (EEOC v. Wal-Mart Stores, Inc., No.06-1583 [8th Cir.]) that reversed a district court ruling dismissing the case. Wal-Mart had claimed that Bradley would pose a safety risk to himself or customers if he worked at the store using a wheelchair or crutches. In addition to finding that the EEOC presented sufficient evidence for the case to go to trial, the appeals court also held, in an important ruling interpreting the ADA, that an employer bears the burden of proof if it claims that a disabled employee or applicant poses a “direct threat” to the health or safety of himself or others. After the appellate decision, the case was set to go to trial on March 31 of this year.

“We are pleased that after four years of litigation, Wal-Mart finally decided to resolve this matter,” said Jean P. Kamp, acting regional attorney of the EEOC’s St. Louis District Office. “This case sends an important message to employers that they cannot allow stereotypes or assumptions about disabled people to interfere with those people’s right to work in jobs for which they are qualified.”

“Working at Wal-Mart was a dream for Steve Bradley, and one that should have been attainable for him,” said Andrea G. Baran, the EEOC’s senior trial attorney who handled the case. “Mr. Bradley saw Wal-Mart’s ads on television showing disabled employees, and he thought it would be a great place to work. Unfortunately, Wal-Mart didn’t train its managers to see that an applicant’s ability, not his disability, is what matters. We’re very hopeful that this settlement signals Wal-Mart’s strengthened commitment to employing people with disabilities.”

National Council on Disability Recommends Improving Federal Data Describing the Status of Americans with Disabilities

WASHINGTON (4/21/2008) —The National Council on Disability (NCD) released Keeping Track: National Disability Status and Program Performance Indicators, calling on the Federal Government to do more now to improve federal data describing the status of Americans with disabilities.

This report is the result of a year-long effort. It describes what is known about the status of people with disabilities in the United States, and examines current data to assess the extent to which they meaningfully measure the well-being of people with disabilities.

According to NCD Chairperson John R. Vaughn, “There is much we do not know about the lives of people with disabilities. Currently, the statistics informing the policy debate are predominantly economic, such as employment and household income. Such statistics are helpful, but paint only part of the picture. Other quality of life dimensions are substantially overlooked. Although some surveys cover topics that are related to some aspects of well-being, such as income, assets, or health insurance status, they do not necessarily reflect other aspects of well-being as they would be defined by the target population.”

“During the past 30 years, advocates, policymakers, and a variety of public and private organizations have undertaken significant efforts to improve the lives of people with disabilities, culminating in the passage or improvement of legislation such as the Americans with Disabilities Act (ADA), various sections of the Rehabilitation Act, the Individuals with Disabilities Education Act, the Ticket to Work and Work Incentives Improvement Act, and others. Notwithstanding these various policies, little effort and progress has been made to measure and reflect upon the overall effectiveness and performance of these laws and policies, and their impacts on the quality of life for people with disabilities,” Vaughn concluded.

Updated April 8, 2008

Recent News Articles about the ADA

The content of the news articles is externally linked and may be inaccessible to people with disabilities. Access to articles may expire after a duration.

Feds to audit OKC for disability access (KTEN 4/7/2008)
Federal investigators from the U.S. Justice Department are to meet with Oklahoma City officials as they begin an audit of the city's compliance with the Americans with Disabilities Act
Segway gets the go-ahead for disabled mall patrons (Las Cruces Sun-News 4/2/2008)
A Las Cruces man has been given the green light to use his Segway at the Mesilla Valley Mall where he was initially barred.
Termination shouldn't be the answer to a disability (Houston Chronicle 4/2/2008)
The DBTAC Southwest ADA Center is quoted in this article!
Now is the time to act to protect the disabled (Chicago Tribune 3/31/2008)
Editorial by Lynne Landsberg
YMCA, Austin family spar over care of boy with diabetes (Austin American-Statement 3/25/2008)
Who should do that testing is the question at the center of a dispute about how far the local YMCA should go to accommodate children with medical conditions.
Prison system delays disabled inmates' aid (Rocky Mountain News 3/24/2008)
The Colorado prison system has missed two court-ordered deadlines to improve facilities and services for disabled inmates, some of whom have gone without glasses, wheelchairs or hearing aids for months or even years, according to court records.
Employer Bias Thwarts Many Blind Workers (Associated Press 3/16/2008)
Technology and training have improved to the point that blind people can adeptly perform a dazzling array of jobs — soon to include the governorship of New York. The biggest obstacle still in their way, advocates say, is the negative attitude of many employers.
Six Flags revises policy for disabled park patrons (Fort Worth Star-Telegram 3/14/2008)
Six Flags theme parks in Arlington and across the nation have implemented a two-stage policy to accommodate patrons with disabilities.

HUD Marks 40th Anniversary of the Fair Housing Act

WASHINGTON (4/1/2008) – More than 10,000 people filed housing discrimination complaints last year, most from persons with disabilities, according to an annual report released by the U.S. Department of Housing and Urban Development. HUD also found that race-based housing discrimination was the second most frequent reason individuals filed complaints.

Meanwhile, President Bush today issued a proclamation marking the 40th anniversary of the passage of Fair Housing Act.

Of the more than 10,000 complaints filed last year, 43 percent alleged discrimination against persons with disabilities while 37 percent alleged racial discrimination. Most complainants claimed to be victims of discrimination in the terms and conditions of the sale or rental of housing, or outright refusal to rent.

Updated March 7, 2008

Departments of Housing and Urban Development and Justice Release New Guidance on “Reasonable Modifications” under the Fair Housing Act

WASHINGTON – New guidance released this week by the Departments of Housing and Urban Development (HUD) and Justice (DOJ) reinforced the right of persons with disabilities to make “reasonable modifications” to their dwellings if a structural change to their dwelling or to a common area of the building or complex in which they live is needed so that they can fully enjoy the premises.

The guidance is designed to help housing providers and homeowners’ associations better understand their obligations and help persons with disabilities better understand their rights regarding the “reasonable modifications” provision of the federal Fair Housing Act (FHA).

The FHA prohibits discrimination in housing based on disability, race, color, religion, national origin, sex and familial status. HUD and DOJ share responsibility for enforcing the FHA. HUD is the agency with the primary responsibility to investigate individual complaints of discrimination. The Secretary of HUD, on his own initiative, may file complaints alleging discrimination. In addition, the Attorney General may commence a civil action in federal court when he has reasonable cause to believe that person(s) are engaged in a pattern or practice of discrimination or that a group of persons has been denied rights protected by the FHA.

One type of discrimination prohibited by the FHA is the refusal by housing providers or homeowner associations to permit a reasonable modification – i.e., a structural alteration – of existing premises, occupied or to be occupied by a person with a disability, when the modification may be necessary to afford the person full enjoyment of the premises. Although the housing provider or homeowner association must permit the modification, the tenant (or prospective tenant) is responsible for paying the cost of the modification. Examples of reasonable modifications include widening doorways to make rooms more accessible to persons who use wheelchairs or installing a ramp to provide access to a public or common use area, such as a clubhouse.

The new guidelines, issued in the form of questions and answers, cover such topics as:

What is a reasonable modification?
Who must comply with the reasonable modification requirement?
Who is responsible for expenses associated with the upkeep or maintenance of a reasonable modification?
When and how should an individual request permission to make a modification?
What types of documents and assurances may a housing provider require regarding the modification before granting the modification?
What procedures are available to a person wishing to challenge a denial of a requested modification?

New Commercial about Employing People with Disabilities

The DBTAC Southwest ADA Center co-funded a new commercial that has been playing across the country: Employing People with Disabilities: National Network of DBTACs Speak Out (need windows media player)

EEOC Addresses Employment of Veterans with Service-Connected Disabilities

The U.S. Equal Employment Opportunity Commission (EEOC) issued two question-and-answer (Q&A) guides providing technical assistance for employers and veterans on workplace issues affecting veterans with service-connected disabilities.

The new guide for employers explains how protections for veterans with service-connected disabilities differ under the Americans with Disabilities Act (ADA) and the Uniformed Services Employment and Reemployment Rights Act (USERRA). The document further describes how the ADA in particular applies to recruiting, hiring, and accommodating veterans with service-connected disabilities. The EEOC enforces Title I of the ADA, which prohibits employment discrimination against people with disabilities in the private sector and state and local governments. The U.S. Department of Labor enforces USERRA, which applies to the reemployment of veterans with and without service-connected disabilities.

The other new publication answers questions that veterans with service-connected disabilities may have about the protections they are entitled to when they seek to return to their former jobs or look to find their first, or new, civilian jobs. The document also explains changes or adjustments that veterans may need, because of their injuries, to apply for, or perform, a job, or to enjoy equal access to the workplace.

EEOC Legal Counsel Reed L. Russell noted that each guide includes a list of resources on where to find more information on USERRA and the ADA; public and private organizations that can assist employers who want to recruit and hire veterans or can help veterans who are seeking employment; and organizations and agencies that can help identify specific reasonable accommodations for veterans with service-related disabilities.

Updated February 26, 2008

Recent Newspaper Articles about the ADA

The content of the news articles is externally linked and may be inaccessible to people with disabilities. Access to articles may expire after a duration.

Advocate of disabled sees ways city can improve access (El Paso Times 2/25/2008)
Some disabled residents feel that the city isn't doing enough to comply with the Americans With Disabilities Act, which was passed July 26, 1990.
Insurance Fears Lead Many to Shun DNA Tests (New York Times 2/24/2008)
Employers say discrimination is already prohibited in the workplace by the Americans with Disabilities Act and existing laws governing privacy of medical records. But employee rights advocates say nothing in those laws explicitly prevents employers hard-pressed to pay for mounting health care costs from trying to screen out employees they know are more likely to get sick.
Judge dismisses lawsuit against Disney (Orlando Sentinel 2/21/2008)
A federal judge has thrown out a lawsuit against Walt Disney World aimed at forcing the company to allow disabled visitors to ride two-wheeled Segways in its theme parks.
I’m Ill, but Who Really Needs to Know? (New York Times 2/21/2008)
ONE of the first decisions you make in the emotional hours after a scary diagnosis is whether to tell others. Most of us share the news with our loved ones, but what of the circles beyond, particularly those at work? Your boss?
Broad service animal law allows pets to be full-time companions (Waco Tribune Herald 2/17/2008)
While state law requires service animals to be trained through an accredited organization, the wording of the federal Americans with Disabilities Act leaves the issue open to interpretation.
City Takes Steps To Meet ADA ‘Mandate' (Shawnee Sun 2/14/2008)
Shawnee is embarking on what could be an expensive attempt to bring the city in line with sidewalk and planning regulations laid down by the 17-year-old Americans with Disabilities Act (ADA).
Fast food employees mocked a blind woman who needed help reading menu (New York Daily News 2/9/08)
Alice Camarillo, who is legally blind, says she was ridiculed when she asked for help reading the menu at fast-food restaurants like Burger King, McDonald's, Taco Bell and Wendy's.

Enforcing the ADA: A Status Report from the Department of Justice

The Status Report covers the ADA activities of the Department of Justice during the third quarter (July - September) of 2007.