Jennie Bourgeois

U.S. Department of Labor Steps Up Efforts to Serve Workers with Disabilities

The U.S. Department of Labor’s Office of Disability Employment Policy (ODEP) joined President Obama today in underscoring the administration’s commitment to serving every American worker, including the 54 million people across the nation living with disabilities.

Read the Press Release (see link below)

http://www.dol.gov/opa/media/press/odep/ODEP20091228.htm

U.S. Department of Labor Holds ‘National Listening Session’ for Public Input on Reauthorization of Workforce Investment Act

ODEP Assistant Kathy Martinez and Assistant Secretary of Labor for Employment and Training Jane Oates heard comments from workforce investment systems personnel, representatives of the disability community, leaders of nonprofit organizations, academic professionals and members of the general public. Approximately 700 people attended in person, by webinar and via conference call.

Read the Press Release (see link below)

http://www.dol.gov/opa/media/press/odep/ODEP20091211.htm

Workforce3 One Unveils a New Disability and Employment Resource Web Page

In connection with National Disability Employment Awareness Month, Workforce3 One unveiled a new Disability and Employment Resource web page to provide employment-related resources for the workforce system. The purposes of this page are to disseminate promising practices to promote the positive employment outcomes of people with disabilities and expand the capacity of the One-Stop Career Center system to serve customers with disabilities.

http://disability.workforce3one.org/

These stories and more are now available from the Office of Disability Employment Policy home page. Go to http://www.dol.gov/odep/

Visit us on the web at http://www.dol.gov

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From THE WHITE HOUSE
<http://jfactivist.typepad.com/.a/6a00e54ed3f13788330120a5b27c88970b-pi>

Office of the Press Secretary
For Immediate Release September 30, 2009
NATIONAL DISABILITY EMPLOYMENT AWARENESS MONTH, 2009

- – - – - – -
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION

Fair access to employment is a fundamental right of every American,
including the 54 million people in this country living with disabilities. A
job can provide financial stability, help maximize our potential, and allow
us to achieve our dreams. As Americans, we possess a range of vocational
opportunities to make the most of our talents and succeed in a chosen
career; those with disabilities are entitled to the same opportunities.

During National Disability Employment Awareness Month, we recommit ourselves
to implementing effective policies and practices that increase employment
opportunities for individuals with disabilities.

In the past half-century, we have made great strides toward providing equal
employment opportunities in America, but much work remains to be done. As
part of that continuing effort, we must seek to provide opportunities for
individuals with disabilities. Only then can Americans with disabilities
achieve full participation in the workforce and reach the height of their
ambition.

My Administration is committed to promoting positive change for every
American, including those with disabilities. The Federal Government and its
contractors can lead the way by implementing effective employment policies
and practices that increase opportunities and help workers achieve their
full potential. Across this country, millions of people with disabilities
are working or want to work. We must ensure they have access to the support
and services they need to succeed.

Recognizing the need for equal employment opportunities, we must also
strengthen and expand the educational opportunities for individuals with
disabilities. The American Recovery and Reinvestment Act substantially
increased funding for the Individuals with Disabilities Education Act, and
provided more than $500 million for vocational rehabilitation services,
including job training, education, and placement. If we are to build a world
free from unnecessary barriers, stereotypes, and discrimination, we must
ensure that every American receives an education that prepares him or her
for future success.

Each day, Americans with disabilities play a critical role in forging and
shaping the identity of our Nation. Their contributions touch us all through
personal experience or through that of a family member, neighbor, friend, or
colleague. We grow stronger as a Nation when Americans feel the dignity
conferred by having the ability to support themselves and their families
through productive work. This month, we rededicate ourselves to fostering an
inclusive work culture that welcomes the skills and talents of all qualified
employees.

NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America,
by virtue of the authority vested in me by the Constitution and the laws of
the United States, do hereby proclaim October 2009, as National Disability
Employment Awareness Month. I call on all Americans to celebrate the
contributions of individuals with disabilities to our workplaces and
communities, and to promote the employment of individuals with disabilities
to create a better, more inclusive America, one in which every person is
rightly recognized for his or her abilities and accomplishments.

IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of
September, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and
thirty-fourth.

BARACK OBAMA

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NEWS RELEASE
NCD #09–588
September 30, 2009
Contact: Mark S. Quigley
202-272-2004

WASHINGTON—The National Council on Disability (NCD) today released a report entitled The Current State of Health Care for People with Disabilities, calling for immediate health care reform for people with disabilities.

According to NCD Chairperson John R. Vaughn, “NCD undertook this study in 2007 to focus the nation’s attention on the health care disparities experienced by people with disabilities, and to provide information and recommendations that can help to eliminate health care inequities for people with disabilities.“

The report provides a road map for eliminating the pervasive barriers to health care for people with disabilities, which will improve the quality of life, productivity, and well-being of greater numbers of Americans as the population ages.

Some of the recommendations include:

●        Congress should amend the Minority Health and Health Disparities Research and Education Act to broaden the definition of “health disparity population” found in 42 U.S.C. § 287c-31(d) to encompass “populations for which there is a significant disparity in the quality, outcomes, cost, or use of health care services o r access to or satisfaction with such services as compared to the general population,” as specified in 42 U.S.C. § 299a-1(d).
●        Congress should establish a technical assistance system through which states, health plans, clinics, hospitals, diagnostic and treatment centers, individual medical practitioners, equipment manufacturers, people with disabilities, and others can easily obtain centralized information on universal standards of care and related practical resources for ensuring full access to culturally competent health care services for people with disabilities.
●        The U.S. Department of Justice (DOJ) must step up monitoring and enforcement of the ADA and Section 504 of the 1973 Rehabilitation Act for health care facilities and programs. DOJ must focus additional resources on compliance monitoring and investigation of Title III complaints concerning programmatic access violations of the ADA and Section 504 by health care providers.
●        Congress should ensure that reform of the health care system in the United States responds to the basic needs of people with disabilities by making certain that health care coverage is available and affordable to all people with disabilities without pre-existing condition limitations.
According to NCD Health Care Committee Co-Chair Anne M. Rader, “People with disabilities bear a disproportionate burden of poor health compared with the general population and use preventive services at a lower rate than people who do not have disabilities.”

For many, health care in the United States is not always available or affordable, and gaps in coverage can present insurmountable obstacles to obtaining appropriate care and maintaining good health. Lack of health care provider education and disability cultural awareness and competency also creates significant barriers for people with disabilities when they try t o access care.

The root causes of these longstanding health and health care inequities involve multiple, complex factors that are embedded in the historical evolution of the nation’s health care structure, and the parallel research and public health emphasis on disability prevention and cure. One especially serious outcome of this evolutionary process is a highly fragmented health care delivery system, which is unable to reconcile the competing interests of cost containment and patient-centered care, which is an important tool for achieving culturally competent care for people with disabilities.

According to NCD Health Care Committee Co-Chair Victoria Ray Carlson, “Immediate action must be taken where existing research reveals the clear need for such strategies as enhanced health care provider education, greater clinical research, enhanced payment systems, and the removal of policy and procedural barriers and other physical barriers to receiving quality health care services.”

There is no simple solution to the complex and entrenched problems people with disabilities experience when they seek health care. Key elements of any move toward reform must include action by Congress, Federal agencies that have a role in health care, professional medical associations, organizations of medical educators, accreditation organizations, the public health community, and the disability community.

For more information or to receive a copy of the report, please contact NCD’s Mark S. Quigley, at mquigley@ncd.gov or by telephone at 202-272-2004.

# # #

Mark S. Quigley
Director of External Affairs
National Council on Disability
1331 F Street, NW, Suite 850
Washington, DC 20004
202-272-2008
202-272-2022 fax
www.ncd.gov

You also may want to join more than 2,000 subscribers who receive the latest news from NCD via its listserv. Please sign up at http://listserv.access.gpo.gov/ and click on On-line mailing list archives, then select NCD-NEWS-L and complete the short subscription form.

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Status Update: On September 16, 2009, the Commission voted to approve a Notice of Proposed Rulemaking (NPRM) [HTML] |  [PDF] to conform its ADA regulations to the Amendments Act of 2008. The NPRM was published in the Federal Register on September 23, 2009. The Commission has also issued a question and answer guide on the NPRM. Below is a summary of the changes made by the Amendments Act, which became effective on January 1, 2009. You may continue to check this space for periodic updates.

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On September 25, 2008, the President signed the Americans with Disabilities Act Amendments Act of 2008 (“ADA Amendments Act” or “Act”). The Act emphasizes that the definition of disability should be construed in favor of broad coverage of individuals to the maximum extent permitted by the terms of the ADA and generally shall not require extensive analysis.

The Act makes important changes to the definition of the term “disability” by rejecting the holdings in several Supreme Court decisions and portions of EEOC’s ADA regulations. The effect of these changes is to make it easier for an individual seeking protection under the ADA to establish that he or she has a disability within the meaning of the ADA.

The Act retains the ADA’s basic definition of “disability” as an impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment. However, it changes the way that these statutory terms should be interpreted in several ways. Most significantly, the Act:

• directs EEOC to revise that portion of its regulations defining the term “substantially limits”;
• expands the definition of “major life activities” by including two non-exhaustive lists:
  • the first list includes many activities that the EEOC has recognized (e.g., walking) as well as activities that EEOC has not specifically recognized (e.g., reading, bending, and communicating);
  • the second list includes major bodily functions (e.g., “functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions”);
• states that mitigating measures other than “ordinary eyeglasses or contact lenses” shall not be considered in assessing whether an individual has a disability;
• clarifies that an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active;
• changes the definition of “regarded as” so that it no longer requires a showing that the employer perceived the individual to be substantially limited in a major life activity, and instead says that an applicant or employee is “regarded as” disabled if he or she is subject to an action prohibited by the ADA (e.g., failure to hire or termination) based on an impairment that is not transitory and minor;
• provides that individuals covered only under the “regarded as” prong are not entitled to reasonable accommodation.

EEOC will be evaluating the impact of these changes on its enforcement guidances and other publications addressing the ADA.

Effective Date:

The ADA Amendments Act is effective as of January 1, 2009.

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FOR IMMEDIATE RELEASE
September 9, 2009
12:01 PM

CONTACT: Center for Economic and Policy Research (CEPR)
Alan Barber, 202-293-5380 x115

WASHINGTON – September 9 – When the Census Bureau releases its yearly data on income poverty this Thursday, there will likely be little focus on disability as a cause and consequence of poverty. Yet, as a new report from the Center for Economic and Policy Research (CEPR) shows, the share of people experiencing income poverty who have disabilities is far larger than conventionally understood. Nearly half of all working-age adults experiencing poverty during the year have a disability, and more than half of household heads will experience a period of disability by their mid-50s.

The paper, “Half in Ten: Why Taking Disability into Account is Essential to Reducing Income Poverty and Expanding Economic Inclusion,”reviews recent research on disability and poverty that finds higher rates of disability over the life cycle and among persons experiencing poverty than earlier research. This research employs newer, sophisticated data sources and defines disability in a way more consistent with the modern consensus.? Among the key findings:

• Almost half of working-age adults who experience income poverty for at least a 12-month period have one or more disabilities.
• Nearly two-thirds of working-age adults who experience consistent income poverty-more than 36 months of income poverty during a 48-month period-have one or more disabilities.
• Male household heads reaching their mid-50s have a 53 percent chance of having been disabled at least once and a 19 percent chance of having begun a chronic and severe disability.
• People with disabilities are much more likely to experience various forms of material hardship-including food insecurity, not getting needed medical or dental care, and not being able to pay rent, mortgage, and utility bills-than people without disabilities, even after controlling for income and other characteristics.
• Measures of income poverty that fail to take disability into account likely underestimate the income people with disabilities need to meet basic needs.

“These new findings show that any serious attempt at an agenda to reduce income poverty must take disability into account as both a cause and consequence of poverty,” said Shawn Fremstad, the author of the report.

“Of particular importance,” he adds, “are policies to ensure that all Americans have health insurance and quality care, provide paid-sick-days and paid-sick-leave to workers, and the modernization of Social Security for people with disabilities.

Click HERE for the full report

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The Center for Economic and Policy Research (CEPR) was established in 1999 to promote democratic debate on the most important economic and social issues that affect people’s lives. In order for citizens to effectively exercise their voices in a democracy, they should be informed about the problems and choices that they face. CEPR is committed to presenting issues in an accurate and understandable manner, so that the public is better prepared to choose among the various policy options.

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For Your Information

FOR IMMEDIATE RELEASE
FOR INFORMATION CONTACT:
Jacquie Brennan
DBTAC Southwest ADA Center
713.520.0232, jbrennan@bcm.edu
Rights and Responsibilities under the Air Carrier Access Act NEW ASL PODCAST SHOW from the Disability Law Lowdown.

August 31, 2009 – The Disability Law Lowdown podcast just posted a new podcast in American Sign Language (ASL) — Rights and Responsibilities under the Air Carrier Access Act, with a special focus on issues important to the deaf and hard of hearing community. New regulations for the Air Carrier Access Act went into effect in May. This podcast is part one in a series about how these regulations affect air travel for people who are deaf or hard of hearing.

The Disability Law Lowdown podcast is available at www.DisabilityLawLowdown.com, as well as on You Tube. People can download the podcast directing from a computer or can watch it on You Tube, where subscriptions to the podcast will alert viewers when new episodes are available.

The Disability Law Lowdown provides the latest information about disability rights and obligations under the Americans with Disabilities Act, and other disability-related topics. Subscription is free.

The Disability Law Lowdown is provided by the DBTAC National Network of ADA Centers. The centers provide technical assistance and training in the Americans with Disabilities Act and other disability-related laws. To reach the center that serves you call 1-800-949-4232 v/tty. The centers are funded by NIDRR (National Institute on Rehabilitation and Research) of the Department of Education.

The Disability Law Lowdown is available in English, Spanish, and American Sign Language.

To subscribe or find out more, visit www.DisabilityLawLowdown.com.

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Check out this two part article .. really good information!

New Mobility: Part I

New Mobility: Part II

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Americans with Disabilities Act Online Video

This two-part DVD explains the Americans with Disabilities Act and how it applies to postsecondary education for students who are deaf or hard of hearing.

This DVD is narrated by Chicago attorney Howard A. Rosenblum, whose practice focuses on disability rights and special education.

Part one, “The Basics of the Americans with Disabilities Act”, explains the history of the ADA, including its passage, its definitions of disability, and its recent Amendment Act. The ADA’s four sections- Employment, Public Entities, Public Accommodations and Telecommunications- are discussed, along with information on the various federal agencies responsible for enforcing ADA laws.

Click here to view part one of this video

Part two, “The Americans with Disabilities Act and the College Years”, explains how the ADA applies to postsecondary education by clarifying differences between the ADA and other legislation, such as the Individuals with Disabilities Act, which applies to K-12 education. It also discusses how the ADA and the Rehabilitation Act of 1973 may impact postsecondary faculty and staff, reviews how students who are deaf and hard of hearing may be protected by the ADA, and shows how the law impacts access and accommodations (physical, programs and activities) as well as the provision of equipment (e.g. visual alerts, hearing devices and telecommunications). Services that postsecondary institutions need to provide to students are outlined, including interpreting, captioning and notetaking services. It also reviews how postsecondary students may effectively request services and advocate for themselves.

Click here to view part two of this video

The DVD is in American Sign Language, with voice over and open captioning.

This video is provided for educational and information purposes only and is not legal advice. This video should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

This video was produced by PEPNet with the assistance of Equip for Equality, which is the nonprofit agency designated by Illinois as its Protection and Advocacy entity. Neither Equip for Equality nor its employee, Howard A. Rosenblum, are providing or intend to provide legal advice in this video.

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FOR IMMEDIATE RELEASE
FOR INFORMATION CONTACT:
Jacquie Brennan
DBTAC Southwest ADA Center
713.520.0232 ext 137, jbrennan@bcm.edu

NEW PODCAST SHOW
from the DISABILITY LAW LOWDOWN

August 17, 2009 – The Disability Law Lowdown podcast just posted Part One of Transitioning from High School to College for Students with Disabilities. Jacquie Brennan interviews Jean Ashmore, Director of Disability Support Services at Rice University, about facts, myths, and tips for students with disabilities transitioning from high school to college.

The Disability Law Lowdown podcast is available at www.DisabilityLawLowdown.com , as well as on iTunes. People can listen to the podcast directly from a computer or can download it to an MP3 player, like an iPod.

The Disability Law Lowdown provides the latest information about disability rights and obligations under the Americans with Disabilities Act, and other disability-related topics. Subscription is free.

The Disability Law Lowdown is provided by the National Network of ADA Centers across the country, offering technical assistance and training on the Americans with Disabilities Act and other disability-related laws. Call 1-800-949-4232 v/tty to reach the center that serves your region. The Disability Law Lowdown is available in English, Spanish, and American Sign Language.

To subscribe or find out more, visit www.DisabilityLawLowdown.com

The ADA Centers are the ten Disability Business Technical Assistance Centers (DBTACs) funded by the National Institute on Disability and Rehabilitation Research (NIDRR) of the Department of Education.

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