Patricia E. Kefalas Dudek
Advocate for Elders, People
with Disabilities
and Their Families

Disabilities

Americans with Disabilities Act (ADA)

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The Americans with Disabilities Act (ADA) is the most comprehensive federal civil-rights statute protecting the rights of people with disabilities.
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Articles

Access is An Attitude, Not Just a Law (StarNews - 5/12/10)
Under the ADA (American with Disabilities Act) historic buildings have different guidelines than new construction.

ACLU Joins Civil Rights Organizations for Disability Rights Briefing - (ACLU - Jan. 8, 2008)
The American Civil Liberties Union participated in a briefing in conjunction with the Leadership Conference for Civil Rights, to discuss the Americans with Disabilities Act (ADA) Restoration Act of 2007.

ADA Changes Better Late Than Never (Employee Rights Post - 11/9/09)
The ADA was intended to protect individuals with disabilities from discrimination. Because of the way in which the Act was written, combined with the way in which it has been interpreted by an exceedingly conservative federal judiciary, most cases got thrown out on summary judgment because the courts determined that the individual plaintiff employee was not disabled.

Another Story Illustrating Why We Need the ADA - (Growing Up With a Disability Blog - Jan. 24, 2008)
A blog entry from a college student with cerebral palsy who believes society often underestimates the complexity of living with a disability - the joys, the challenges, the ordinary, and the extraordinary.

Briefs Filed in Three States to Enforce Supreme Court's Olmstead Decision (US Dept. of Justice - 12/2/09)
Last week proved to be a landmark for federal enforcement of the Supreme Court decision in Olmstead v. L.C., a ruling requiring States to eliminate unnecessary segregation of persons with disabilities and to move persons who can function in the community out of segregated facilities.

Celebrating the ADA - Reflections from Tom Harkin (Ability Magazine)
We have come a long way in the last 20 years. Before the ADA, life was very different for people with disabilities, and discrimination was both commonplace and accepted.

Court Rules for Moviegoers in Disability Access Case (Business Insurance - 5/3/10)
The owners of movie theaters could be required to install special equipment for patrons with hearing and visual impairments under the Americans with Disabilities Act as a result of a federal appeals court ruling that that has been hailed as groundbreaking. Also see related article from Consumer Affairs.

Disabled Access (BBC - 10/2/08)
How effective is government legislation to make shops, bars and restaurants accessible to disabled people?

Doing Good Work? You're Fired! - (Reunify Gally - Oct. 28, 2007)
A story about a man who got fired because his disability did not interfere with his ability to perform the job for which he was hired.

EEOC Regulations May Spur More ADA Suits (Wisconsin Law Journal - 10/12/09)
According to plaintiffs’ lawyers, proposed new regulations from the EEOC broadening the definition of “disability” mean that more ADA cases might get before a jury.

Expansion of American Disability Law Now Looks Likely (Kiplinger Business Resource Center - Jan. 24, 2008)
Employers should brace for an expansion of the Americans with Disabilities Act. A bipartisan group of lawmakers is pushing a bill that would broaden the reach of the ADA.

Happy Birthday to the ADA (Our Rights, Our Future - 7/26/10)
As with most other laws designed to protect against discrimination, enforcement of the ADA is an ongoing battle. The Supreme Court recently agreed to hear the case Virginia Office for Protection and Advocacy v. Reinhard (“VOPA v. Reinhard”). This lawsuit concerns whether a state agency responsible for advocating on behalf of people with disabilities may sue another state entity to obtain for information about possible abuse and neglect of people with disabilities.
Patti's Comment: All advocates for folks with challenges should read this important article and case.

Helping Patients Access Protections of the ADA (CancerNetwork.com)
The Americans with Disabilities Act Amendments Act of 2008 (ADAAA), which became effective on January 1, 2009, amends the Americans with Disabilities Act (ADA) to restore the original intent of Congress to protect people with chronic conditions such as cancer, diabetes, epilepsy, and mental illness from discrimination at work, school, public places, and elsewhere. The ADAAA provides hope that in the future, cases will be decided differently. This hope can only be realized with the help of healthcare professionals.

July 26, 2010, sing the accomplishments of 20 years of disability rights through the ADA (Media dis&dat - 7/16/20)
You can find out about the hundreds of 20th Anniversary celebrations around the USA at the anniversary Facebook page.

Justice Department Files Lawsuit Against Arkansas Alleging Statewide Violations of the ADA (PR Newswire 5/6/10)
The complaint encompasses all six Arkansas Human Development Centers and the state's restrictions on services in integrated settings. It seeks to enforce the ADA's requirement that Arkansas provide services to individuals with disabilities in the most integrated settings appropriate to their needs. The lawsuit also addresses the state's systemic failure to comply with the ADA in how it provides services to individuals with developmental disabilities.

Let Elders Age Independently and With Dignity (Clearinghouse Review - Sept./Oct. 2008)
Assisted-living and nursing home providers may reject certain people because "we can't meet your needs." But is this legal? The Fair Housing Act is a powerful tool to ensure that people with disabilities (including dementia) are treated equally and as individuals who have choices in their housing.

News, Commentary and President Obama's Remarks About the ADA's 20th Anniversary (Media dis&dat - 7/27/10)
President Obama's comments about the ADA 20th anniversary. (The President also created an ADA anniversary PSA about disability rights with AAPD.)

Restoring the Americans with Disabilities Act (DREDF eNews - Oct. 2007)
Info from the Disability Rights Education & Defense Fund on legislation that will restore important civil rights for people with disabilities.

Service or Companion Animals for Disabled Tenants
If you’re a landlord, you are required to make “reasonable exceptions” to ensure disabled folks are not discriminated against. For example, even with a “no pets” policy, you may be required to make an exception to accommodate a service or companion animal.

Speech on Olmstead (Samuel R. Bagenstos - Cincinnati College of Law - 3/3/10)
Eleanor Roosevelt, the mother of international human rights law, posed the fundamental challenge for those who, like me, are charged with protecting civil rights: Where, after all, do universal human rights begin?

Supreme Court to Decide Question Re Disabled Employee Reassignment (CA Labor & Employment Law Blog - Dec. 23, 2007)
The Court will attempt to harmonize differing appellate court rulings by deciding whether the ADA requires an employer to give a disabled employee a preference in job reassignments.

Using the Olmstead Decision as an Advocacy Tool for Your Clients (5/20/02)
This landmark 1999 Supreme Court decision, built upon the promises made in the Americans with Disabilities Act almost a decade earlier, held that "unjustified isolation" of individuals with disabilities "is properly regarded as discrimination based on disability, as it perpetuates negative stereotypes and severely restricts and infringes upon the everyday life activities of individuals with disabilities."

Women Face Workplace Weight Discrimination (MSU Today - Oct. 26, 2007)
Women are 16 times more likely than men to report weight discrimination in the workplace, according to a MSU-led study that provides the most dramatic evidence yet of the weight bias working women face.
Publications

A Guide to Disability Rights Laws (U.S. Dept. of Justice - Sept. 2005)
This guide provides an overview of Federal civil rights laws that ensure equal opportunity for people with disabilities.

A Guide to the Americans with Disabilities Act (ADA) for People Seeking Employment (SSA, EEOC, US Dept. of Justice)
Explains the employment-related rights of people with disabilities under the ADA. Includes answers to questions about reasonable accommodations and what to do if you think your rights have been violated.

ADA: Know Your Rights - Returning Service Members with Disabilities (U.S. Dept. of Justice)
You’ve been seriously injured while serving on active duty in the U.S. Military -- perhaps you’ve lost a limb, sustained a traumatic brain injury or spinal cord injury, sustained hearing or vision loss, or are experiencing post traumatic stress disorder (PTSD) -- and now you’re back in the States trying to adjust to living with your injury. This publication explains your rights under the Americans with Disabilities Act (ADA) and provides information on where to get assistance.

ADA Act of 1990 - (U.S. Code)
Current text of the Americans with Disabilities Act of 1990, as amended.

ADA and Shelters - San Francisco (PowerPoint show in pdf format)
Disability access to city funded shelters - training for shelter staff.

ADA Checklist for New Lodging Facilities - (U.S. Dept. of Justice)
A self-help survey that owners, franchisors, and managers of lodging facilities can use to identify ADA mistakes at their facilities.

ADA Information for Law Enforcement (U.S. Dept. of Justice)
Materials to help law enforcement officers understand how to interact with victims, witnesses, suspects, and others who have disabilities.

ADA Q&A...Back to School (Pacer Center)
While it is true that the ADA does apply to schools, both public and private, it is important to remember that the ADA is foremost a civil rights act with a broad application.

Administrative Handbook Bulletin: Equal Opportunity (bulletin issuing new policy from DHS)
Thanks to the advocacy of a number of organizations representing persons with disabilities and low income folks, DHS has issued a policy on "Nondiscrimination in Service Delivery". Although it is not perfect, by any means, the policy is a HUGE step forward. The publication that DHS has issued to inform clients about their rights under the ADA is not written in plain language and contains some misinformation (e.g. says you must use their form to file a complaint). See Equal Access to Programs.

Commonly Asked Questions About Service Animals in Places of Business (US Dept. of Justice)
Under the Americans with Disabilities Act, privately owned businesses that serve the public are prohibited from discriminating against individuals with disabilities. The ADA requires these businesses to allow service animals onto business premises in whatever areas customers are generally allowed.

Comparison of the ADA and the ADA Amendments Act - (Georgetown U)

EEOC Enforcement Guidance on the Americans with Disabilities Act and Psychiatric Disabilities (EEOC)
Addendum following a Supreme Court's ruling on determining whether a person has an ADA disability.

EEOC Issues Proposed Regulations Under the Americans With Disabilties Act
Public comment invited by November 23, 2009.

Facts About the Americans With Disabilities Act (EEOC)
Basic information on qualifications and guidelines.

Revised ADA Regulations Implementing Title II and Title III (Dept. of Justice)
On Friday, July 23, 2010, Attorney General Eric Holder signed final regulations revising the Department’s ADA regulations, including its ADA Standards for Accessible Design. The Department has prepared fact sheets identifying the major changes in the rules. Links are provided here for Titles II and II with Appendices, Fact Sheets and Highlights.

Tax Benefits for Businesses Who Have Employees With Disabilities (IRS)
Reminder from IRS that there are tax benefits in the form of credits and deductions for businesses that accommodate individuals with disabilities.

The Disability Rights Movement - The ADA Today
If you're over 30, you probably remember a time in the not-too-distant past when a curb cut was unusual, there were no beeping sounds at crosswalks on busy streets, no Braille at ATM machines, few if any ramps anywhere, and automatic doors were common only in grocery stores.

Understanding the Americans with Disabilities Act Amendments Act and Section 504 (LD.org)
This Parent Advocacy Brief will help you understand the changes brought about by the ADAAA, how they apply to Section 504, and how these changes may impact children with disabilities, including learning disabilities, as well as other conditions such as Attention-Deficit/ Hyperactivity Disorder (AD/HD), Aspergers Syndrome, diabetes, asthma, and life-threatening food allergies.

Organizations & Services

ADA Home Page - (U.S. Department of Justice website)
Information and Technical Assistance on the Americans With Disabilities Act.

ADA National Network
Information, guidance and training on the ADA. Also check out their ADA Anniversary page.

Disability Network
An information highway for the disabled and their families.

Federal Transit Administration
If you have any questions or concerns regarding public transportation for persons with disabilities, please contact the Federal Transit Administration (FTA) Office of Civil Rights on our toll-free Americans with Disabilities Act (ADA) Assistance Line at 1-888-446-4511 [Voice] or by e-mail at FTA.ADAAssistance@dot.gov.

Resources: Websites & Blogs

Archive ADA: The Path to Equality (Georgetown University)
This site serves as a comprehensive, online archive of documents and history related to the ADA and the ADA Amendments Act of 2008.

Disasters, People with Disabilities and the ADA
A blog designed to address concerns of the disability community concerning the American Red Cross, Offices of Emergency Management, and Special Needs Shelters. It is also designed to provide information and resources concerning people with disabilities before, during and after disasters.

Frequently Asked Questions About Filing an ADA Complaint With the US Dept. of Justice (Dept. of Justice)
How you can file a complaint and other procedural information.

Sample Letter to Senators on ADA Restoration Act (Reunify Gally - Nov. 21, 2007)
How to let your Senator know how important this piece of legislation is.

Senate Hearing on the ADA Restoration Act (Reunify Gally - Nov. 21, 2007)
Info on a recent Senate hearing.

Steve Gold's Treasured Nuggets of Information
A Pennsylvania attorney with tools and articles on how to enforce the Americans with Disabilities Act and searchable archives on other related subjects.

Q&A from the EEOC about discrimination against an employee for "associating" with a person with a disability:
The Americans with Disabilities Act (ADA) is a federal law that prohibits discrimination on the basis of disability. Title I of the ADA makes it unlawful for any employer with 15 or more employees (including a state or local government employer) to discriminate against a qualified applicant or employee because of a disability in any aspect of employment. In addition to protecting qualified applicants and employees with disabilities from employment discrimination, one ADA provision – the "association" provision -- protects applicants and employees from discrimination based on their relationship or association with an individual with a disability, whether or not the applicant or employee has a disability. Click here for entire discussion.