Newsletter: February 19, 2020

Northeast ADA Center News Bulletin: February 19, 2020

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Updates from the Northeast ADA Center:

Free Webinar-Implementing the ADA in a Health Care Setting

Wednesday March 25, 2020 12:00pm ET - 1:00pm ET.
Presenters: Joe Zesski, Program Manager, Northeast ADA Center
Sally Heron, Ithaca Center Manager, Planned Parenthood of Greater New York

People with disabilities face a variety of potential barriers in accessing health care. The physical environment, communication, policies, and a provider's lack of disability awareness can pose challenges for patients with disabilities, their companions, and for health care employees with disabilities. This webinar will provide an overview of these general challenges and then share the lessons learned from the Northeast ADA's collaboration with Planned Parenthood of the Southern Finger Lakes (PPSFL); now known as Planned Parenthood of Greater New York. PPSFL is a small health care provider that has partnered with the Northeast ADA on a research effort known as a Customized Service Agreement (CSA). The research project is intended to assist partners to better implement the ADA into their organizations. Joe Zesski and Sally Heron will address what the CSA has meant for the Northeast ADA and PPSFL, and describe what has been gained as a result. http://register.yangtaninstitute.org/register/index.cfm?event=7630

What's New in Our Region:

N.J. Bus Company to Pay Disabled Veteran $10K For Military Reunion Snafu

A bus company based in Hoboken will pay $10,000 to a disabled veteran and institute corrective measures after the company's failure to provide a wheelchair-accessible bus forced the veteran to miss most of his military reunion. The 8-page settlement between Academy Express and the Department of Justice, which included a $10,000 fine, was negotiated by the U.S. Attorney's Office for New Jersey and is aimed at ensuring equal access for passengers with disabilities, U.S. Attorney Craig Carpenito said. To read more about this go to: https://www.nj.com/hudson/2020/02/nj-bus-company-to-pay-disabled-veteran-10k-for-military-reunion-snafu.html

College Students Rally at New York State Capitol, Fighting to Secure Funding for Disability Services

Students with disabilities from across the state have gathered at the Capitol to urge increased state funding for higher education disability services. The State Education Department has included a $15 million proposal as part of its 2020-21 State budget request to supplement existing funding in support of students with disabilities in post-secondary education. According to State Ed, over 150 students came to Albany to urge the state to fulfill the State Ed's budget request to adequately fund education, services and programs for the estimated 75,000 higher education students with disabilities in the state. To read the full article go to: https://cbs6albany.com/news/local/large-student-rally-at-state-capital-attempts-to-secure-funding-for-disability-services

Disability Advocates Address Transportation Issues at NJ Transit Hearing

Recently, advocates and paratransit experts addressed a New Jersey Senate Select Committee on New Jersey Transit. The hearing was a forum to raise the pressing concerns of individuals with disabilities in using public transportation in the state. To learn more, go to: https://www.tapinto.net/towns/west-essex/sections/government/articles/disability-advocates-address-transportation-issues-at-nj-transit-hearing

What's New in the Rest of the Country:

Justice Department Settles with Child Care Providers to Protect the Rights of Children with Diabetes

The Justice Department entered into two settlement agreements today to resolve allegations that two childcare providers violated the Americans with Disabilities Act (ADA) by failing to reasonably modify its program to accommodate the needs of young children with Type 1 diabetes and dis-enrolling them based on their disabilities. These agreements protect and advance equal access for children with Types 1 diabetes and their parents or guardians. One agreement is with Lil' Einstein's Learning Academy (LELA), which operates childcare facilities in Bear and Newark, Delaware and Chesapeake City and Elkton, Maryland. The second agreement is with the Community First School Corp. (CFS), which operates a childcare facility in Sunnyvale, California. These settlements resolve allegations that two childcare centers discriminated against children and their parents based on their children's disabilities shortly after each child was diagnosed with Type 1 diabetes. Under the agreements, LELA agreed to pay $25,000 in compensatory damages to the aggrieved child and her parents and $2,500 in civil penalties, and CFS agrees to pay $15,000 to the aggrieved child and her parents and $2,500 in civil penalties. Both childcare centers also agreed to evaluate each request for reasonable modification on an individualized basis, using objective evidence and current medical standards, and where appropriate, to train childcare staff members to assist with routine diabetes care tasks, such as monitoring a continuous glucose monitor, administering Glucagon in emergencies, and administrating insulin by pen, syringe, or pump.

For more information on the ADA or this agreement, please visit http://www.ADA.gov or call the toll-free ADA Information Line at 800-514-0301 (TTY 800-514-0383).

BLI Northwest & Successor Harris Pacific Northwest to Pay $100,000 and Provide Other Relief to Settle EEOC Disability Discrimination Suit

According to the EEOC's suit, Angela Watson was dispatched by her union to work on a project for Diamond B Constructors in Anacortes, Wash. Watson is a pipefitter by trade and holds an additional certifica¬tion as a rigger. When Watson disclosed to her direct supervisor that she has epilepsy, he and other Dia¬mond B supervisors unilaterally concluded that she could not safely work at heights and terminated her emp¬loyment - even though Watson's epilepsy was well controlled by medication and that she had not requested any accommodation and had no medical restrictions. Terminating an employee based on her disability violates the Americans with Disabilities Act (ADA). The law also requires employers to make a case-by-case assessment of a worker's actual ability to perform the job functions when potential safety concerns are raised. After first attempting to reach a pre-litigation settlement through its voluntary conciliation process, the EEOC filed suit in U.S. District Court for the Western District of Washington. To read more about this go to: https://www.eeoc.gov/eeoc/newsroom/release/1-30-20.cfm

DOT Proposal Restricts Service Animals on Planes: So Long to the Emotional Support Peacock?

In January, the Department of Transportation proposed amendments to the Air Carrier Access Act (ACAA) regulations. The proposed amendments are intended to clarify the rights and responsibilities of airlines in regard to passengers who wish to travel with service or emotional support animals. To read more, go to: https://www.jdsupra.com/legalnews/dot-proposal-restricts-service-animals-65052/

Opportunities for You!

U.S. Access Board Webinar: Scoping Requirements in the ADA and ABA Standards for Alterations and Additions - Chapter 2 (March 5)

Determining what is required to be accessible when a facility is altered or expanded can be a challenge under the Americans with Disabilities Act (ADA) or the Architectural Barriers Act (ABA). The next webinar in the U.S. Access Board's free monthly series will take place March 5 from 2:30 - 4:00 (ET) and will cover how to apply the ADA and ABA Standards to planned alterations and additions. Presenters will clarify common sources of confusion, including what type of work constitutes an "alteration," how the scope of work determines application, the provisions for primary function areas and accessible paths of travel, historic facilities, and technical infeasibility.

Visit http://www.accessibilityonline.org for more information or to register. Questions can be submitted in advance of the session or can be posed during the live webinar.

An Opportunity for NYS Residents! IRT Toolkit

Seeking input from youth, educators, staff from community organizations, disability organizations & businesses about a new toolkit designed to improve employment outcomes for youth with disabilities.

Share Your Thoughts about the Integrated Resource Team Toolkit
https://changeimpact.wixsite.com/toolkit

Staff at CDO Workforce New York have been working with partners across New York State to empower youth with disabilities to build Integrated Resource Teams that will help them transition into successful careers.

The Integrated Resource Team Toolkit is now available for community review: https://changeimpact.wixsite.com/toolkit

Give us your Opinions and Feedback! Was information easy to find? What resources were the most helpful? What information or resources would make the toolkit better?

Tell us what you think via the following survey; https://www.surveymonkey.com/r/WJBXMX7

The deadline to respond to the survey is March 6, 2020!

Registration Now Open for ACL's Emergency Preparedness Response and Recovery Listening Sessions in New York

The Administration for Community Living (ACL) wants to hear and learn from older adults, people with disabilities, your families and caregivers, about your experiences with emergencies or disaster situations. We want to learn how you plan, respond, and recover from these challenging situations. Listening Sessions will help us to understand how we can improve our support, training, and technical assistance in times when emergencies and disasters hit our nation.

Event Description: Older adults, people with disabilities, family members and caregivers will participate in a group discussion where questions in the areas of preparedness, evaluation, response and recovery will be asked one at a time by a facilitator and answered one at a time by the participants.

New York City
Date: Thursday, March 5, 2020
Time: 12:00 PM - 2:00 PM, ET
Location: Self-Advocacy Association of NYS, 25 Beaver Street, Room 642, New York, NY 10004
Please note: You must enter the building using the Visitor's entrance at 60 Broad Street (just around the corner). A photo ID is required to enter the building. Once you are inside the building, there will be signs and staff to guide all visitors to the correct elevator bank that will take you to the meeting room.
Click to see flyer.

Yonkers
Date: Wednesday, March 4, 2020
Time: 5:30 PM - 7:30 PM, ET
Location: Yonkers Public Library, Riverfront Branch Community Room, 1 Larkin Center, Yonkers, NY 10701
Click to see flyer.

To Register: Click here (ACL Listens website) or call 301-588-6046

To Provide Written Comments: Click here (ACL Listens website) or email: alston@sidemgroup.com

More Information: alston@sidemgroup.com or 240-650-8298

Listening session prompts: https://mcusercontent.com/b5ba8e60a1cc093a382200353/files/713631cb-93d4-4ae2-b6e4-65db03d2f449/Emergency_Preparedness_Listening_Sessions_Final_Prompts.doc.pdf

Special Spotlight:

March Is National Brain Injury Awareness Month

National Brain Injury Awareness Month in March alerts us to the causes and aims to eliminate the stigma surrounding brain injuries. When it comes to brain injuries, not a single injury or person is the same. The month is dedicated to improving awareness of brain injuries. Providing quality support for people with brain injuries and understanding of their needs will improve their outcomes for the future. Changing the perspective of the world to understand how brain injuries work is a difficult task. While anyone can suffer from a brain injury, it is important to remember that everyone is a person first. They are not their injury. Each person has hopes and dreams, and they are not their injury. Each injury affects a person differently. How we support the person and treat the injury will require understanding and patience. Learn more about supporting those with brain injuries, prevention and more. Visit http://www.biausa.org to learn more. Use #BrainInjuryAwarenessMonth and #ChangeYourMind to share on social media.