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ADA – Olmstead « Disabilities – Legal Issues

  • ADA iconThe Americans with Disabilities Act (ADA) is the most comprehensive federal civil-rights statute protecting the rights of people with disabilities.
  • ADA Act of 1990 – (U.S. Code)
    Current text of the Americans with Disabilities Act of 1990, as amended.
  • ADA Home Page – (U.S. Department of Justice website)
    Information and technical assistance on the Americans With Disabilities Act.
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ADA and the EEOC:

  • For more Employment related information for people with disabilities, see PEKD page: Employment Resources

ADA and the U.S. Department of Justice:

  • 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.
  • 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.
  • 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 & Civil Rights Update: Effective & Compliance Dates for 2010 ADA Revised Rules (U.S. Dept. of Justice)
    Revised final regulations implementing the ADA for title II (State and local government services) and title III (public accommodations and commercial facilities) on September 15, 2010. This document gives information about dates by which entities covered by the ADA are required to comply with the new or revised provisions of DOJ’s rules.
  • Frequently Asked Questions About Filing an ADA Complaint With the US Dept. of Justice (U.S. Dept. of Justice)
    How you can file a complaint and other procedural information.
  • 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.
  • 2010 ADA Standards for Accessible Design (U.S. Dept. of Justice)
  • The Department has assembled this official online version to bring together the information in one easy-to-access location. It provides the scoping and technical requirements for new construction and alterations resulting from the adoption of revised 2010 Standards in the final rules for Title II (28 CFR part 35) and Title III (28 CFR part 36).

Articles re: ADA – Olmstead

  • 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 Amendments Redefine Cancer as a Disability (Ohio Employer's Law Blog)
    Effective January 1, 2009, Congress amended the ADA to reinstate “a broad scope of protection.” The ADAAA did not change the statutory definition of “disability,” but made significant changes in how it is interpreted. Importantly, the ADAAA clarified that the operation of “major bodily functions,” including “functions of the immune system,” constitute major life activities under the ADA.
  • 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.
  • 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.
  • City's Subways Aren't Friendly to Disabled Riders, According to Lawsuit (NY Daily News – 10/13/10)
    The MTA discriminates against the disabled by not doing everything required under federal law to make subway stations wheelchair accessible, a new lawsuit charges. The class-action suit being filed today in Manhattan federal court slams the Metropolitan Transportation Authority for not spending a federally mandated 20% of station rehabilitation budgets on improvements like elevators and ramps.
  • 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.
  • 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.
  • Justice Department Signs Agreement with the City of Independence, Kansas, to Ensure Civic Access for People with Disabilities (U.S. Dept. of Justice – 4-28-11)
    The Justice Department today announced an agreement with the city of Independence, Kan., to improve access to all aspects of civic life for people with disabilities…to ensure that cities, towns and counties throughout the country comply with the Americans with Disabilities Act.
  • 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.
  • 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 re: ADA – Olmstead

  • 10-Plus Years After the Olmstead Ruling – Progress, Problems and Opportunities (NSCLC – Sept. 2010)
    Nationally, the Olmstead decision has had two principal effects. First, the case confirmed that a state could be sued if its programs lead to unnecessary institutionalization. Second, the Olmstead decision and its reasoning have become accepted in the community, particularly throughout the network of persons providing aging services. Policymakers, stakeholders, and many consumers are familiar with Olmstead and understand the core of its ruling—that people
    with disabilities have a right not to be relegated to nursing homes, psychiatric hospitals, and like institutions.
  • 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.
  • Comparison of the ADA and the ADA Amendments Act – (Georgetown U)
  • 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.
  • What the Law Says State Agencies Must do to Serve People With Disabilities (National Center for Law & Economic Justice)
    The pamphlet discusses the legal obligation to make agency websites accessible to people with disabilities, to make any online application forms and process accessible, to modify agency policies and practices when necessary to ensure accessibility, to ensure that telephone communication with individuals with disabilities is effective, and to use automated phone systems that are accessible to and usable by people with disabilities.

Organizations & Services re: ADA – Olmstead

  • 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.
  • National Center for Law and Economic Justice
    The Center demonstrates that the law can be a powerful instrument for improving the lives of the most disadvantaged members of our society.

Resources: Websites & Blogs re: ADA – Olmstead