New Resource re: documentation from AHEAD

May 15th, 2012

AHEAD (Association Higher Education and Disability) recently released a new guidance document to its membership which is aimed at providing additional information related to the documentation of disability for accommodation requests made by students in post secondary education.   This document is titled “Supporting Accommodation Requests: Guidance on Documentation Practices” and is a conceptual framework for disability professionals in higher education to use as they make informed accommodation determinations. It represents the culmination of a comprehensive process with contributions from workgroups and expert consultation throughout. This new guidance was developed at the direction of the AHEAD Board of Directors and unanimously approved in April, 2012. Supporting Accommodation Requests: Guidance on Documentation Practices supersedes previous AHEAD guidance on disability documentation.

AHEAD encourages study of this new guidance, discussion with colleagues, and consideration of its transformative impact on your institution and departmental practice.  AHEAD is hosting a tele-webinar to review and discuss implementation of this new documentation framework on Thursday, May 24th from 3:00 – 5:00 PM EDT.  It is offered to AHEAD members and non-members. To register, visit the AHEAD website.

See the complete text of Supporting Accommodation Requests: Guidance on Documentation Practices online.  

Specific inquiries regarding this document can be emailed to practices@ahead.org.

Rocky Mountain ADA Center Provides Tips for Establishing a Mentally Healthy Workplace

May 10th, 2012

Mental health problems affect many employees. According to the National Alliance on Mental Illness one in four adults—approximately 57.7 million Americans— experience a mental health disorder in a given year. This fact is usually overlooked and employers struggle addressing it because these disorders tend to be hidden at work. Some people are surprised to learn that the Americans with Disabilities Act (ADA) covers individuals with psychiatric, as well as physical, disabilities.

The ADA protects qualified individuals with disabilities that fall into one of three categories:

  • Have a physical or mental impairment that substantially limits one or more major life activities
  • Have a record of such an impairment
  • Or are regarded as having such an impairment

The ADA defines mental impairment to include psychiatric disabilities including mental illness. There are more than 200 classified forms of mental illness. Some of the more common disorders are depression, bipolar disorder, anxiety disorders (which include panic disorder, obsessive compulsive disorder, and post-traumatic stress disorder), schizophrenia, and personality disorders.

“One of the ADA’s primary goals is to promote equal employment opportunity for people with disabilities,” said Jana Burke, the director of the Rocky Mountain ADA Center. “Achieving this goal requires employers to move beyond mental health stereotypes and to assess the qualifications and performance of workers on an individual basis. Employees with psychiatric disabilities can bring unique skills and sensitivities that significantly add to the quality and diversity of the workplace.”

Burke suggests that all employers should implement the following five tactics to create a mentally healthy workplace that is open and welcoming so that employees can be at their best, free from judgment.

1.       Be proactive: Don’t wait for problems to come to you. Examine culture, norms, policies and expectations to find out what you can change to create an environment that’s conducive to promoting mental health. Be sure to train all levels of management on mental health matters and make sure they are actively involved with your mental health messaging. Let employees know you recognize and understand the challenges they face, and that your management is there to support them.

2.       Break down the barriers: An employer can play a vital role in reducing the stigma associated with mental health conditions. Stigma begins with stereotypes and hurtful labels. Challenge negative assumptions about mental health problems and recovery from them. Employees and managers at all levels of the organization need to learn about mental health conditions, stress and wellness. Encourage staff at all levels to look past the label and use “people-first” language (i.e., “a person with schizophrenia,” as opposed to the dehumanizing term, “a schizophrenic”).

3.       Make mental health a priority: Invest in mental health benefits, including prevention and educational programs. Innovative employers recognize that they play an essential role in their employees’ mental health not only by paying for a large portion of treatment but also by creating an environment in which people feel comfortable accessing care.

4.       Promote well-being:Provide managers with information and strategies on how to foster a mentally healthy work environment. Some ways employers can promote well-being include ensuring that employees have a good work/life balance, engaging employees in their work, introducing flexible work hours, promoting positive working relationships, clearly communicating staff responsibilities and expectations, and encouraging exercise and social events.

5.       Encourage dialogue:Foster a safe environment where people feel comfortable discussing wellness concerns. Send the message that mental health conditions are real and treatable. Provide employees with the skills and confidence to talk to a colleague about mental health issues. Organizations that can talk candidly about mental health help set a positive tone.

The Rocky Mountain ADA Center is a valuable resource for employers and employees as they seek ways to accommodate people with psychiatric disabilities. The Rocky Mountain ADA Center is operated by Meeting the Challenge, Inc. and provides information, materials and training to individuals and organizations with rights and responsibilities under the ADA. The Rocky Mountain ADA Center serves a six state region including Colorado, Montana, North Dakota, South Dakota, Utah and Wyoming.

To contact the Rocky Mountain ADA Center directly, e-mail adainfo@adainformation.org or call (800) 949-4232 (V,TTY) or (719) 358-2460 (VP).

NPS Issues Revised Interp Media Guidelines

April 26th, 2012

A new version of the Programmatic Accessibility Guidelines for National Park Service Interpretive Media has been issued by Harpers Ferry Center. The document provides guidance for making interpretive media and programs accessible such as audiovisual programs, tours, artifacts, exhibits, furnishings, signs, waysides and publications. While the document is geared for use by units of the National Park Service, it can also serve as a resource document for museums, nature centers, zoos and other interpretive attractions. The document is available to the public and can be downloaded from the HFC accessibility web page.

Improve Transportation for People with Disabilities!

April 23rd, 2012

The Disability Rights Education & Defense Fund (DREDF) is conducting research on what factors are most important to riders with disabilities when deciding which transit mode to use. Please participate in this short web survey, and encourage others to do so!

http://www.surveygizmo.com/s3/882523/TransitChoices

The confidential survey results will be part of a national study called Transit Cooperative Research Project B-40: Strategy Guide to Enable and Promote the Use of Fixed-Route Transit by People with Disabilities. The goal is to develop strategies to improve bus and train systems for people with disabilities. DREDF’s research partners are TranSystems Corporation, The Collaborative, and KFH Group.

Please take the survey, and encourage others to do so!  Questions?

New employment videos coming soon!

April 16th, 2012

The National ADA Network and Our Ability have agreed to partner on a series of short videos discussing elements of workplace best practices towards the employment of people with disabilities.

“These videos will capture real stories of real people with disabilities in the workplace,” Jana Burke, Project Director at the Rocky Mountain ADA Center said. “They will be powerful tools for our training, technical assistance, and materials related to the Americans with Disabilities Act.”

Over the next nine months Our Ability will produce a series of at least nine two minutes stories focusing on various employment topics. They include veteran integration, accessibility, job accommodation, disclosure, higher education and promotion.

As we produce these videos, we will release them on OurAbility.com as well as the National ADA Network.  If you have suggestions on topics or are interested in being one of the people in the video, please feel free to contact John at Our Ability.

“These videos represent exactly what we hoped we would be producing for the disability advocacy community,” John Robinson, President of Our Ability stated. “Our hope is to continue this relationship with the National ADA Network well into the future. We feel we can change the attitudes of hiring an inclusive workforce with powerful video stories.”

According to Robin Jones of the Great Lakes ADA Center, data collected by the Job Accommodation Network suggests that 56% of all accommodations cost nothing.  Furthermore, JAN’s research shows that most employers report benefits from providing accommodations for workers with disabilities like reduced costs associated with turnover and  increased worker productivity.

Stay tuned for more information about the videos!

Condos and ADA compliance by Noah Klug

April 6th, 2012

There’s been much discussion lately whether residential condominiums are required to comply with the Americans with Disabilities Act of 1990 (ADA). The issue was brought to a head by a new ADA regulation requiring that all pools (including spas) have sloped entries or hard-mounted “lifts” that assist disabled persons with access. If residential condominiums are subject to the ADA, then they have to install these improvements, but if they are not subject to ADA, they do not. My view explained below is that in many cases residential condominiums are not subject to the ADA and are not required to improve their pools.

Title III of the ADA provides federal civil rights protection to the disabled. As pertinent here, it applies to private condominium projects to the extent that they are “public accommodations.” The ADA defines “public accommodations” to include “an inn, hotel, motel, or other place of lodging.” In turn, the applicable federal regulations indicate that a project is a “place of lodging” if it accommodates guest stays of generally 30 days or less and provides all of the following:

(1) On- or off-site management and reservations service;

(2) Rooms available on a walk-up or call-in basis;

(3) Availability of housekeeping or linen service; and

(4) Acceptance of reservations for a guest room type without guaranteeing a particular unit or room until check-in, and without a prior lease or security deposit.

To understand these rules, it’s useful to look at two different types of condominium projects. A first type would be condominiums (sometimes called “condotels”) that run like a hotel. They usually have a lobby and a front desk where members of the public can check-in on short notice. The rooms are generally available for rental by a central office, and there are services and facilities of the sort found in hotels such as concierge, housekeeping and room service. The primary distinction between these types of facilities and true hotels is that the rooms are owned by different individuals and not a single entity. These types of condominiums provide all of the items in the list above and would likely be considered public accommodations subject to the ADA. Accordingly, where they have pools, they will have to comply with the new regulations.

Contrast a second type of condominium project where the owners rent out their units, if at all, on their own. There is no central management, no front desk, no ability for the public to walk up and obtain a room. If there is housekeeping, it is arranged by the individual owners. There is no concierge or room-service. These types of condominiums generally do not meet all the items on the list and are likely not a “place of lodging” under the ADA. They certainly can improve their pools if desired, but they are not required to do so.

Every condominium project likely falls somewhere between the two types of projects described above and will need to examine for itself if the ADA is applicable. As a general guide, the case law makes it clear that Congress intended the ADA to apply only to “non-residential” projects. Some of the cases clarify that a project does not lose its essential residential character simply because certain owners rent out their units on a short-term basis for profit. In order to cross the line requiring ADA compliance, projects as a whole must have a commercial nature.

The Department of Justice recently announced that it would briefly delay imposition of the pool regulation, apparently to consider concerns of the hotel and lodging industry. While the nature of each project will determine the applicability of the law, most residential condominiums should not be required to comply with the ADA.

For in-depth analyses of this issue please refer to the Guidance on the 2010 ADA Standards for Accessible Design as it includes the preamble, public comment, & discussion of the changes to the ADA Standards. The Guidance in it’s entirely can be found at: http://www.ada.gov/regs2010/2010ADAStandards/Guidance2010ADAstandards.htm

Nominate a “Champion of Change” Now!

March 30th, 2012

The White House Champions of Change program highlights the stories and examples of citizens who represent President Obama’s vision of out-innovating, out-educating, and out-building the rest of the world through projects and initiatives that move their communities forward. The White House Office of Public Engagement (OPE), the Department of Labor, and the Department of Education are partnering to highlight individuals doing great work to increase science, technology, engineering and math (STEM) opportunities for people with disabilities. For example, a Champion’s work may entail:

  • Hiring people with disabilities in STEM fields
  • Making STEM materials accessible for people with disabilities
  • Advancing educational opportunities for people with disabilities in STEM
  • Promoting STEM opportunities for people with disabilities
  • Developing programs or initiatives that change attitudes about STEM for people with disabilities
  • Inventing STEM products for people with disabilities

To nominate a champion, click here on Champion. Submissions begin immediately through midnight on April 7.

DOJ Extends Requirements for Swimming Pools for 60 Days

March 16th, 2012

At 5:08 pm on Thursday, March 15, 2012, the U.S. Department of Justice and White House Office of Communications issued a press release on the 2010 ADA Standards going into effect today. The press release concluded with the statement that the requirements for existing swimming pools will be extended for 60 days. The press release continued to say that the department will also publish a Notice of Proposed Rulemaking with a 15-day comment period on a possible six-month extension in order to allow additional time to address misunderstandings regarding compliance with these ADA requirements. This action follows meetings and correspondences between the DOJ and the American Hotel and Lodging Association (AHLA) earlier this year.

The full text of the press release can be found on the Department of Justice web site: http://www.justice.gov/opa/pr/2012/March/12-crt-328.html

Source: The National Center on Accessibility

HUD Charges Bank of America with FHA Violations

March 5th, 2012

Owning a home is a part of the American dream.  For the overwhelming bulk of homebuyers, securing a home loan is a necessary step toward homeownership.  The Fair Housing Act makes it illegal to discriminate against homebuyers with disabilities—including by imposing different terms and conditions of a loan or including additional criteria or requirements in the application process…

Today the U.S. Department of Housing and Urban Development (HUD) charged that Bank of America violated the Fair Housing Act by imposing extra burdens on people with disabilities in the application process.

HHS takes action to ensure equal access for the deaf and hard of hearing

February 20th, 2012

HHS’ Office for Civil Rights (OCR) has entered into a settlement agreement with Advanced Dialysis Centers in Randallstown Maryland (“ADC”), to ensure individuals who are deaf and hard of hearing have equal access to programs and activities as required under Section 504 of the Rehabilitation Act (Section 504) and the Americans with Disabilities Act (ADA).

The HHS Settlement Agreement can be found on the OCR website at: www.hhs.gov/ocr/civilrights/activities/agreements