Posted in disability civil rights

What the ADA says – and does NOT say.

228E32D9-BAEB-4C0A-8A80-EE29BEDDAB72

The Internet is indeed a mixed blessing. The good news is that there’s an amazing amount of information out there. The bad news is that there’s an amazing amount of information out there.

As an individual with multiple sclerosis, I have of course surfed the web, looking for answers. Once I learned how to separate the truthful and credible information from the wacky and even dangerous stuff, I learned a great deal.

Much the same can be said about the current confusion regarding the Americans with Disabilities Act (ADA), the landmark law that has literally changed the American landscape and allowed so many people with disabilities to participate in society. In my years investigating discrimination cases for the State of Oregon, I encountered a lot of this misinformation and saw how it negatively affected both employers and employees, often pitting them against each other.

Because it is so important that everyone gets it right, I’ve given a couple of examples of some of the most common areas of confusion. In future columns, I’ll try to further separate fact from fiction.

MYTH:
If two people are equally qualified to perform a job, the employer must hire the one with the disability.

FACT:
The ADA does not require that an employer give preference to one applicant over another. The law simply requires that employers don’t discriminate against people because they have disabilities.

Part of nondiscrimination, however, is that if an employer can make changes in the way a job is performed, and this change allows the employee to perform their duties without causing undue hardship to the employer, the employer must make those changes.

EXAMPLE:
Judith and Jonathan both apply for a cashier’s position at the neighborhood drug store. Judith is more experienced and the employer wishes to hire her. Because Judith has arthritis, she must sit down for at least 10 minutes every hour. There is room for a stool in the cashiering area, and Judith can perform her cashiering duties while sitting. If the employer does not hire Judith because of her arthritis, the employer has likely violated the ADA.


MYTH:
If an employee with a disability cannot do her job, the employer cannot fire her but has to hire someone extra or make other employees do the work.

FACT:
As with anyone else, an individual with a disability does not have an automatic right to stay in a job unless she can actually perform it. But as with the above example on hiring, the employer may have to make adjustments to allow the employee to perform the job.

EXAMPLE
An office receptionist with a spinal deformity cannot sit for more than an hour or so at a time. It would probably be a reasonable accommodation for the employer to let him get up and stretch him legs for a few minutes every hour. This would allow him to do the job, and would result in little or no cost to the employer. But if his condition worsened to the point where he often had to leave his desk in the middle of customer calls and there was no one available to replace him, it would likely become an undue hardship for the employer to tolerate this situation.


CONCLUSION

The ADA challenges both employers and employees to put fresh eyes on workplace tasks and determine whether they can be done in an effective (and possibly non-traditional) way. The law also requires that employers and employees work together to determine the best way for that to happen. The net result is often a workplace where everyone feels more respected.

For a great website that spells all this out in detail, go to https://askjan.org

Posted in disability civil rights

Michael Volpe: Walking the Walk and Talking the Talk

Michale Volpe testifying before the Oregon Transportation Commission, October 19, 2018
______________________

You probably have never thought much about that striped area alongside all disabled parking places. And you also likely haven’t noticed that quite frequently, this space is inhabited by all manner of vehicles – cars, delivery trucks, motorcycles, etc.

No need to feel guilty. There are usually no signs present, so it’s a little hard to tell what exactly that area is for. But as Michael Volpe put it to the Oregon Transportation Commission (OTC) last October 19, those spaces for hm are the difference between being able to leave his vehicle or being a prisoner therein until the obstruction is removed.

Michael has multiple sclerosis, and is unable to move either his arms or legs. In addition, he is legally blind and is gradually losing his ability to talk. But with the help of an assistant, he could not have expressed himself more eloquently when he told the commission of the many times he was unable to find a disabled parking place, only to find that once he did locate one, that side area was blocked by another vehicle. Therefore, he could not get his wheelchair out of his van and was essentially stuck there until the impediment was removed.

In addition to Michael, there were four or five of us at that OTC meeting. Our purpose was to urge them to vote in favor of putting “No Parking” signs in those areas.

Happily, the commission voted unanimously to enact these suggested rule changes. This will be extraordinarily helpful for Michael and other wheelchair users. It will also help him continue to travel around Oregon and do his important work, which has included serving on the State Independent Living Council and the Oregon Disabilities Commission.

As a colleague once wrote about Michael, “While [he] can no longer stand or walk and while his voice must be amplified by a microphone, Mike always stands up for the rights and well-being of others, and his voice is heard loud and clear.” Now he has a better chance of actually arriving at the places where he can talk about the rights of those with disabilities.

Thanks Mike, and keep up the wonderful work!

Posted in disability civil rights

Fighting for Our Rights: the Brilliance of the Disability RIghts Movement

I won’t sugar-coat it: climbing up stairs can be exhausting, embarrassing and dangerous when you have multiple sclerosis. And of course, there’s no point in even trying if you are a wheelchair user.

That’s why the Americans with Disabilities Act (ADA) has been such a godsend to those of us with MS and other mobility impairments. More and more, we don’t have to gaze up at a store, a government building or a museum and make an instant analysis of whether getting there is worth the often tortuous journey. Thanks to the ADA, there are increasing numbers of ramps and elevators that solve the problem.

But I can’t reflect on the ADA without also mentioning the incredible people and events that made its passage possible. Here are just a few of them:


Ed Roberts, the Rolling Quads and the Independent Living Movement
Like many pioneers of the disability rights movement, Ed Roberts had polio. He was initially denied admission to U.C. Berkeley in 1962, because “We tried cripples before and it didn’t work.”

But Roberts would not be denied. He convinced the administration to admit him and allow him and his iron lung to reside in the campus hospital. Soon, other students in wheelchairs joined him, and the group became known as the “Rolling Quads.”

The Quads helped each other throughout their college years and then extended their assistance to people with disabilities outside of campus, eventually starting the first Center for Independent Living. Similar centers soon sprang up throughout the country.

https://www.ilusa.com/links/022301ed_roberts.htm


The Section 504 Sit-In
Eleven years after Roberts was admitted into Berkeley, Congress passed the Rehabilitation Act of 1973. This was the first federal law prohibiting disability discrimination in many businesses and programs. It also requires these entities to make reasonable efforts to accommodate people with disabilities.

But after the fanfare of passage, a strange thing happened: This seminal law was just ignored. Federal officials failed to write the regulations necessary to implement it, and it languished on the books for years.

By 1977, disability activists had had enough. They used a common means of protest at the time – sit-ins. Groups of people gathered at government offices and simply stayed there, demanding that the law be enforced. The longest sit-in was in San Francisco and lasted for five weeks, with some of the demonstrators literally risking their lives by remaining in the building without their attendants or medication. But their efforts paid off – the regulations were implemented and the law was finally put into play.

http://www.mn.gov/mnddc/ada-legacy/ada-legacy-moment14.html#navigation


“Deaf President Now!”

Gallaudet University, located in Washington D.C, was the first U.S. college to focus on deaf and hearing-impaired students. Its academic tranquility was uprooted, however, when the college president resigned and the board selected a hearing individual to replace him.

This so enraged the students, faculty and alumni that they gathered for a massive rally and sit-in, effectively shutting down the school until the new president resigned and a non-hearing individual was hired to replace her.

Many people were awakened to the cause of disability rights by seeing the poignant images on television of demonstrators silently waving signs that said, “deaf president now.”


https://www.usatoday.com/story/news/nation/2018/04/03/gallaudet-deaf-president-now-30-anniversary/464611002


The “ Capital Crawl” (top photo)

http://www.historybyzim.com/2013/09/capitol-crawl-americans-with-disabilities-act-of-1990/

As can be expected, there were many attempts to foil the final passage of the ADA. Just in case anyone needed to be reminded of the prescient law’s significance, something extraordinary happened on the day that Congress was inside the capital, ironing out its final compromises. Right outside, a virtual army of people with disabilities had thrown down their walkers and wheelchairs and proceeded to crawl up the capital steps.

More than any words could do, this symbolized the heroism and unyielding doggedness of the disability civil rights movement. All of us, whether or not we have disabilities, owe them our gratitude for moving this country closer towards true equal opportunity.

Posted in Accesibility for People with disabilities, disability civil rights

Who Needs Straws? Lots of People

It seems like a no-brainer: Get rid of straws and we’ll all leave a smaller carbon footprint.

But this only works if we don’t think about the people who need them. See the article below for more details.

https://www.cnn.com/2018/07/11/opinions/starbucks-plastic-draw-hurts-disabled-like-me-blake/index.html

CARE TO COMMENT? FILL OUT THE FORM BELOW.

Posted in ADA information center, Evacuating people with disabilities, people with disabilities in disasters

Include People with Disabilities in Evacuation Plans: Free Webinar

I’m currently reading a book about how ancient nomadic cultures dealt with people who had disabilities. It was pretty simple: If someone was unable to keep up with the group, someone else would sneak up behind them and kill them.

And although we consider ourselves somewhat more refined in today’s culture, the fact is that people with disabilities often get left behind when everyone else is moving. And this is particularly true in natural disasters and other emergencies. Consider some of the horror stories from recent hurricanes, floods and earthquakes, where some people with disabilities were unable to be rescued.

That is why I wanted to put the word out about a free webinar coming up on November 3. The ADA Information Center will be providing information on developing evacuation plans that specifically account for the needs of people with disabilities.

Let’s educate ourselves and show that we really have evolved!

https://adata.org/event/ada-national-network-learning-session-inclusive-disaster-preparedness-response-and-recovery

Posted in Accesibility for People with disabilities, Air carrier access act

The Skies Just Got Friendlier for People with Disabilities

We’re all a little anxious as we wait for our airline baggage after a flight. We hope that our suitcase will happily bounce down onto the conveyer belt and we can grab it and be on our way.

If our luggage is delayed or damaged in some way, it’s always a major irritant. We have to fill out forms and wait for the items to be returned or replaced.

But what if the damaged item is your wheelchair, walker or scooter? It then becomes much more than an inconvenience – it may literally cause you to be stranded at the airport for an indefinite period of time. This is especially true if it was a device specifically designed for you and your disability.

Fortunately, Congress has just passed a law that will make airlines more accountable. On October 5, 2018, the Federal Aviation Administration Reauthorization Act, H.R. 302, was signed into law. Among other things, this new law requires airlines to more closely track mobility devices on flights, as well as pay increased penalties for damaged equipment. Airlines are also required to enhance training for security officers on this issue.

One of our biggest challenges is to help people understand that our mobility devices are really an extension of ourselves, and should be treated as such. This new law brings us closer to that goal.

For more information, see the article below by the National Multiple Sclerosis Society.

https://www.nationalmssociety.org/About-the-Society/News/Society-Applauds-New-FAA-Law-Making-Travel-More-Ac

Posted in disability civil rights

“When Squirrels Fly”

A few days ago, an airplane full of passengers was sitting on the tarmac in Orlando, Florida, waiting to take off. But there was a two-hour delay while the passengers had to deplane and the police were called.

This is not an uncommon event, but what made this situation unique was the reason it happened. It wasn’t a belligerent passenger, a switch that wouldn’t go off, or a door that wouldn’t close. It was a squirrel.

A woman had tried to bring the squirrel onto the plane, saying it was an emotional support animal (ESA). She had also apparently called ahead and advised the airline that she would be bringing an ESA on board, but she did not say it was a squirrel. The airline pointed to its policy, which states that the only ESA’s allowed on flights are dogs and cats.

It would be short-sighted to just blame this passenger. Assuming that she did call the airlines beforehand, it sounds like she was a victim of yet another miscommunication between airlines and passengers on this issue.

In addition, I wonder about the airline’s policy. Assuming we are talking ESA’s and not service animals, what is the rationale for allowing only cats and dogs on airplanes? Is there medical or psychiatric literature supporting the proposition that these are the only “legitimate” emotional support animals? If so, I have never heard about it.

All of this supports the ever-growing public chorus for airlines to be more specific about their criteria for allowing ESA’s on airplanes. The U.S. Department of Transportation is currently studying the issue and is expected to come out with new regulations in the future.

Let’s hope these regulations do more than just identify the animals that are “suitable” for boarding. It would be useful if they also clarified who is eligible to bring animals on board (people with disabilities), as well as required airlines to train their employees in how to manage both animals and the humans that travel with them.

See article below:

https://www.koin.com/news/national/flight-delayed-due-to-emotional-support-squirrel/1511295119

CARE TO COMMENT?

Posted in disability heroes, Disability sterotypes

“Like I was defective or something…”

Shaquem Griffin does not think of himself as an inspiring figure. He just wants to play football like his twin brother. The main differnce between them is unlike his brother, Shaquem has only one hand.

Shaquem was born with a birth defect that necessitated his hand being amputated when he was four years old. This did not stop him from doing what he wanted to do, which was play football. It also didn’t deter him when a coach from an opposing team told him, “You need two hands to play football.”

“It was like I was defective or something,” Shaquem said of that comment. But he shrugged it off and kept playing.

And now he is playing on the Seattle Seahawks. As Frank Bruni of the New York Times says below:

“In this rancorous country, we’re buffeted more than usual by reminders of humanity at its worst. Griffin is a glimpse of us at our best — of our ability to reframe hardship as challenge, tap extraordinary reserves of determination and achieve not just success but grace.’

https://www.nytimes.com/2018/09/18/opinion/shaquem-griffin-football-amputee.html

CARE TO COMMENT?

Posted in Accesibility for People with disabilities, ADA Title III, Baseball

Braille on Baseball Uniforms Outshines the Orioles’ Season

FORGET that the Baltimore Orioles have lost 111 games and are having the worst season in their history.

REMEMBER that On September 18, 2018, the Orioles became the first U.S. professional team to use Braille lettering on their uniforms.

This was in honor of the National Federation of the Blind’s move to Baltimore 40 years ago. Each uniform had “Orioles,” as well as the player’s name, spelled out in Braille characters. Braille alphabet cards were also handed out during the game.

The team was originally going to do something to commemorate the 28th Anniversary of the Amerians with Disabilities Act. When they learned about the NFB anniversary, however, they decided to have make their tribute closer to “home.”

Good on the Orioles!

And remember, there’s always next year…

https://www.washingtonpost.com/news/dc-sports-bog/wp/2018/09/19/orioles-become-first-u-s-pro-team-to-incorporate-braille-on-uniforms/

Posted in Affordable Care Act, disability civil rights, Health insurance, Jim abbott

Ask your Congressperson to Oppose the Latest Blow to Obamacare

I am writing to protest the Trump administration’s latest effort to deny health insurance to people who have pre-existing medical conditions.

This is very personal to me, because I have multiple sclerosis. So did my mother and my grandmother. But I now have many more opportunities than they did to slow down the progression of my disease through the use of new medications.

The problem is that these medications can cost up to $40,000.00 a year. That’s why the Affordable Care Act (ACA) was such a godsend. Among the many ways it protects people is by making it unlawful for insurance companies to deny coverage for people with pre-existing conditions.

But as mentioned above, the current administration is trying to destroy these protections, one stealthy step at a time. The latest tactic is a new federal regulation that would make it legal for insurance companies to offer “short term” insurance plans that do not have the same protections as the ACA.

And yes, it would again be legal to deny coverage for people because of pre-existing conditions.

As of now, this rule is scheduled to take effect at the end of September. I urge everyone to put pressure on their elected representatives to stop the further victimization of people who are already so vulnerable.

See the links below for more information.

https://pulse.ncpolicywatch.org/2018/08/01/skimpy-health-insurance-plans-pre-existing-conditions

https://www.npr.org/sections/health-shots/2018/08/01/634539877/under-new-rules-cheaper-short-term-health-care-plans-now-last-up-to-three-years