Office of the Press Secretary

For Immediate Release
July 25, 2011

Presidential Proclamation–Anniversary of the Americans with Disabilities Act

Generations of Americans with disabilities have improved our country in countless ways. Refusing to accept the world as it was, they have torn down the barriers that prohibited them from fully realizing the American dream. Their tireless efforts led to the enactment of the Americans with Disabilities Act (ADA), one of the most comprehensive pieces of civil rights legislation in our Nation’s history. On this day, we celebrate the 21st anniversary of the ADA and the progress we have made, and we reaffirm our commitment to ensure equal opportunity for all Americans.

Each day, people living with disabilities make immeasurable contributions to the diversity and vitality of our communities. Nearly one in five Americans lives with a disability. They are our family members and friends, neighbors and colleagues, and business and civic leaders. Since the passing of the ADA, persons with disabilities are leading fuller lives in neighborhoods that are more accessible and have greater access to new technologies. In our classrooms, young people with disabilities now enjoy the same educational opportunities as their peers and are gaining the tools necessary to reach their greatest potential.

Despite these advancements, there is more work to be done, and my Administration remains committed to ending all forms of discrimination and upholding the rights of Americans with disabilities. The Department of Justice continues to strengthen enforcement of the ADA by ensuring that persons with disabilities have access to community-based services that allow them to lead independent lives in the communities of their choosing. Under provisions of the Affordable Care Act, insurers will no longer be able to engage in the discriminatory practice of denying coverage based on pre-existing conditions, and Americans with disabilities will have greater control over their health care choices. And last year, I signed an Executive Order establishing the Federal Government as a model employer for individuals with disabilities, placing a special focus on recruitment and retention of public servants with disabilities across Federal agencies.

Through the ADA, America was the first country in the world to comprehensively declare equality for citizens with disabilities. To continue promoting these principles, we have joined in signing the Convention on the Rights of Persons with Disabilities. At its core, this Convention promotes equality. It seeks to ensure that persons with disabilities enjoy the same rights and opportunities as all people, and are able to lead their lives as do other individuals.

Eventual ratification of this Convention would represent another important step in our forty-plus years of protecting disability rights. It would offer us a platform to encourage other countries to join and implement the Convention. Broad implementation would mean greater protections and benefits abroad for millions of Americans with disabilities, including our veterans, who travel, conduct business, study, reside, or retire overseas. In encouraging other countries to join and implement the Convention, we also could help level the playing field to the benefit of American companies, who already meet high standards under United States domestic law. Improved disabilities standards abroad would also afford American businesses increased opportunities to export innovative products and technologies, stimulating job creation at home.

Equal access, equal opportunity, and the freedom to make of our lives what we will are principles upon which our Nation was founded, and they continue to guide our efforts to perfect our Union. Together, we can ensure our country is not deprived of the full talents and contributions of the approximately 54 million Americans living with disabilities, and we will move forward with the work of providing pathways to opportunity to all of our people.

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 Tuesday, July 26, 2011, the Anniversary of the Americans with Disabilities Act. I encourage Americans across our Nation to celebrate the 21st anniversary of this civil rights law and the many contributions of individuals with disabilities.

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fifth day of July, in the year of our Lord two thousand eleven, and of the Independence of the United States of America the two hundred and thirty-sixth.

BARACK OBAMA

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The settlement agreement, which resolves an ADA complaint filed by an individual who is deaf, requires, among other things, that H&R Block furnish appropriate auxiliary aids and services, including sign language interpreter services, when necessary to afford a person who is deaf or hard of hearing equal access to the goods, services and accommodations made available to others.

“By signing this agreement, H&R Block has affirmed its commitment to providing effective communication with people who are deaf and hard of hearing not only at their tax preparation offices in San Antonio, where the complaint originated, but at their locations across the country,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “The agreement will ensure that individuals who are deaf or hard of hearing have equal access to tax preparation services at more than 11,000 offices nationwide.”

The agreement requires that H&R Block:

* Provide auxiliary aids and services, including qualified sign language interpreters, to persons who are deaf or hard of hearing when necessary to ensure effective communication of its tax preparation services, programs and courses;

* Adopt and enforce a policy on effective communication with individuals who are deaf or hard of hearing for all H&R Block offices nationwide, post the policy on its websites and in its employee manuals, and distribute the policy to current and new employees and contractors;

* Establish and maintain a list of sign language interpreter providers;

* Post and maintain in a conspicuous location in all reception areas of H&R Block offices a notice stating that individuals who are deaf or hard of hearing have a right under the ADA to request a sign language or oral interpreter or other form of auxiliary aid or service if needed;

* Provide staff training on the ADA and H&R Block’s obligations to provide effective communication to individuals with disabilities;

* Monitor franchisees’ compliance with this requirement consistent with monitoring of compliance with the franchise agreements and other requirements of federal, state or local laws; and

* Pay $5,000 damages to the individual who filed an ADA complaint and a $20,000 civil penalty.

The ADA prohibits discrimination against customers with disabilities by businesses that serve the public. Among other things, the ADA requires tax preparation services, accountants, lawyers, doctors and other businesses to provide equal access to customers who are deaf or hard of hearing. When services such as tax preparation involve important, lengthy or complex oral communications with customers, businesses are generally required to provide qualified sign language interpreters and other auxiliary aids, free of charge, to individuals who are deaf, are hard of hearing or have speech disabilities. Other auxiliary aids may include the use of relay services for telephone communication, exchanging notes for brief and uncomplicated communications, providing assistive listening systems and receivers in classes for attendees who are hard of hearing, and providing captioned videos. The appropriate auxiliary aid to be provided depends on a variety of factors including the nature, length and importance of the communication; the communication skills and knowledge of the individual who is deaf or hard of hearing; and the individual’s stated need for a particular type of auxiliary aid.

Auxiliary aids must also be provided for individuals who are blind or have low vision, such as materials in Braille, large print or accessible electronic formats such as email or HTML, qualified readers and assistance in filling out forms.

Those interested in finding out more about this agreement or businesses’ effective communication obligations under the ADA may call the Justice Department’s toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TDD), or access its ADA website at www.ada.gov > . ADA complaints may be filed by email to ada.complaint@usdoj.gov .

The White House * 1600 Pennsylvania Avenue, NW * Washington DC 20500 * 202-456-1111

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Hidden Cameras Reveal Bystanders’ Reactions When Discrimination Is Staged

Two young women walk into a coffee shop to apply for a job in the kitchen when something strange happens: the manager seems oddly reluctant to let them fill out an application. Then, in full view of customers, out it comes: the real reason the manager isn’t interested in hiring them? They are deaf.

It’s a shocking violation of the law, or it would be if this weren’t an episode of “What Would You Do?” The manager and the deaf job applicants are actors. Of course the customers don’t know that. How will they respond to a display of the kind of discrimination this country outlawed two decades ago?

This special WWYD was developed with the help of students and administrators at the Rochester Institute of Technology’s National Technical Institute for the Deaf, in Rochester, N.Y. It is the world’s first and largest technical college for deaf and hard-of-hearing students.

In an interview at the college, student Brenna DeBartolo said, “I have a lot of respect for people who aren’t deaf, for people who are hearing. At the same time, it would be nice for them to think about, ‘What is it like to be a deaf person?’ I mean, how would they like to go into a place and want to apply for a job and then be discriminated against just because of who you are?”

Although they’re still in college, many NTID students already have an idea of the difficulties they may face in the workplace. Maya Ariel told WWYD that when she applied for part-time jobs in the past, “one or two places never called me back.”

“From what I found out, they didn’t call me back because I was deaf,” she said, speaking thorough a sign language interpreter.

Hannah Worek’s parents are deaf. “My dad right now, he doesn’t have a job,” Worek said. “He got laid off. He’s been looking for jobs and it’s hard because you have to get an interpreter every time you do an interview.”

The new president of NTID, Gerry Buckley, explains how employers are supposed to treat a deaf or hard-of-hearing job applicant (or any disabled applicant, for that matter).

“What should happen is that that deaf or hard-of-hearing person has an equal opportunity to apply for the job, just like any person. The supervisor or the employer … interviews them with the same kind of questions and scrutiny that they interview anyone,” he said.

The employer should “really look very specifically at their skills, related to being able to perform the work functions,” Buckley said. “Questions related to accommodations or costs associated with accommodations should be set aside (to) focus on whether the person has the skills to do the job.”

NTID is proud of its nearly 90 percent job placement record for graduates. It’s hard enough finding and keeping a job in today’s economy, but for those with a disability it is especially difficult. In January, the U.S. Equal Employment Opportunity Commission announced that allegations of workplace discrimination hit an all-time high in 2010. The biggest increase came in claims from workers who say they were discriminated against because of a disability.

It’s a problem many thought had become history more than 20 years ago when President George H. Bush signed the Americans with Disabilities Act into law in 1990. The ADA says if a worker with a disability is qualified to perform the essential functions or duties of a job, even if they require reasonable accommodation, they are protected from job discrimination.

Discrimination against the disabled is usually hidden. It may happen behind closed office doors, or even in the mind of the employer who doesn’t want to follow the law. But two decades after the passage of the ADA, we wondered how regular people would respond if they could see the law flouted right in front of them. So with the owner’s permission, we outfitted SmartWorld Coffee in Morristown, N.J. with hidden cameras and waited for the morning rush.

As the WWYD scenario got underway, NTID students Hannah Worek and Maya Ariel played our job applicants. Another WWYD actor played the discriminating manager of a coffee shop in need of a kitchen worker. When the women walked into the shop and asked for an application, the manager blatantly announced he wasn’t hiring any deaf people.

“I’m not going to hire a deaf person. I’m just letting you know. So we’ll save you some time. … I mean you’re deaf, it’s going to be really hard for you to work here,” he said.

Many customers looking on told us afterwards they were shocked. Some said they planned to raise the issue later with the store owner. As the scene repeated again and again throughout the day, some customers stared, rolled their eyes, or grimaced, but few openly objected to the outright discrimination they witnessed.

One striking exception was customer Gerald Tourgee. When he saw what was happening, he turned to the manager and said, “Excuse me, are you aware of the Equal Employment Opportunity laws? You just made a blanket statement about not hiring a deaf person. You’ve made it very clear you’re not hiring a deaf person. … If she takes the job and she’s not able to fulfill the duties, that’s a different situation. But not to hire her because she’s deaf, that’s absolutely discriminatory!”

After a long day of too many customers looking the other way, the outburst was welcomed by our actors. But other responses were less kind-hearted and some might shock you. Watch Friday night to see the surprising reactions of some people who are supposed to be employment experts: human resource workers and job recruiters.

For More Information

The U.S. Equal Employment Opportunity Commission enforces federal laws prohibiting employment discrimination. Click here to find more details about the Americans with Disabilities Act from the EEOC.

Video: (In case you miss on television)

http://www.hulu.com/watch/213121/what-would-you-do-deaf-to-job-discrimination

Article:

http://abcnews.go.com/WhatWouldYouDo/witnessed-discrimination-deaf-job-applicants/story?id=12822039

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Despite requests by the boy’s mother, Cindy Officer, the NCAC has refused to provide ASL interpreters at troop meetings and at their monthly outgoings. The NCAC troop meetings and monthly outgoings include immense amount of information, including safety information, which cannot be effectively communicated to Wolfgang other than through an ASL interpreter. As such, he is deprived of full participation in various Boy Scouts activities and unable to reap benefits that other boys of the NCAC enjoy, whether it is an opportunity to create intimate friendships with fellow troop members or develop leadership skills during a weekend outgoing.

“The NCAC refusal to provide ASL interpreters violates Title III of the Americans with Disabilities Act (ADA) and section 504 of the Rehabilitation Act. Their actions discriminate against Wolfgang Staley solely based on his deafness, and against Cindy Officer based on her association with Wolfgang Staley,” said Debra Patkin, NAD Law and Advocacy staff attorney. “The NAD requests that the U.S. District Court declare that the NCAC refusal to provide interpreters at its events is a violation of the ADA and the Rehabilitation Act. The filing further requests that the court award money damages to the plaintiffs.”

“The intent of the ADA was to promote and ensure inclusion of individuals with disabilities in daily activities. The NAD is committed to removing communication barriers that discriminate against deaf and hard of hearing people,” said NAD President Bobbie Beth Scoggins. “They should be granted the same opportunities for teamwork, leadership, socialization, and skill building that the NCAC provides to hundreds of boys in the District of Columbia and nearby counties.”

Source:

http://nad.org/news/2011/1/nad-files-suit-behalf-deaf-boy-scout

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Informational Video on Using Interpreter in College Classes

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One day, many years ago, I was driving from St. Louis to Kansas City.

I had a performance that night. I was tired. My rental car didn’t have cruise control. And I was grumpy.

Plus, my car needed gas.

I checked out the gas prices at the coming exit.

$1.77 per gallon.

“$1.77 a gallon?  Are you freakin’ kidding me?  It was only $1.63 a few exits ago!”

So, I drove a few more exits, waiting for a better price.

Instead, the next exit was $1.87.

So, I did the logical thing.

I got off at that exit, and I drove back to the other exit to get my gas.

I saved exactly $1.20.

Now, I’m not sure exactly WHEN I woke up to the fact that my sense of economy was totally skewed at that moment.  But I did.  After all, as a performer, my first priority needs to be my well-being.  When I drove around trying to save $1.20 for gas, I was ultimately saying three things to the Universe and to my subconscious:

1. My indignant posturing about the price of gas is more important than my well-being.
2. One dollar and twenty cents is more important than arriving 20-minutes earlier at my hotel room for some quiet time.
3. My time and value as a Creative and as a performer are not worth much.

Most of us think that we’ll wait until we “arrive” before we’ll start to honor our value, set boundaries or invest in ourselves.

But, here’s the truth that very few people understand:

It’s the other way around.

You have to decide to honor your value FIRST!  And you do that by honoring your time, your space, and your priorities.  Most of us, however, blow off our valuable time by “majoring in minor things.”  Worrying about the little itty-bitty things – like a dollar and twenty cents!

I have a word for this.

I call it Lack-tions.

Lack-tions are Actions based in Lack Mentality.  They are habits designed to distract us from what’s truly important to us.

If you want to increase your success and productivity levels, start observing how much of your time gets burnt up performing Lack-tions.  ESPECIALLY if you find yourself constantly complaining that you don’t have time to do the things you really want to do. After that, stop wasting time on Lack-tions!

Very soon after my Missouri trip, I started a new habit of filling my gas tank when it was half-empty. (As opposed to waiting til the low-gas light came on.)  I also started playing a game of not even looking at the gas prices and simply choosing whichever gas station looked the “happiest.”  (Yes, I’m serious.)

I didn’t go broke.  In fact, I started to do better and make more m0ney.

What you define as a Lack-tion will change over time.  As you uplevel your life, or your self-care, or your business, you’ll have less tolerance for these habits of lack that appear out of nowhere and try to distract you with their anxieties.   It can be downright fun to let go of them.

These days, I challenge myself to stop a Lack-tion even before the idea for one can occur! And I have since taken the practice a step further: I invest in myself. I invest in my growth. The return on that investment is so much higher than if I had thought only in terms of the number and how much I could save if I held on tight!

So, what happens when you ditch the well-worn practice of Lack-tions and thinking of m0ney ONLY in terms of a number?

Well, you begin to experience TRUE wealth. That’s because you become the CREATOR, someone who defines the path of your cash. And you no longer live as a REACTOR – someone who lets cash tell you how to behave.

So, if true wealth appeals to you, start by asking yourself where you burn up energy with Lack-tions.

Then ask yourself, how can you change this behavior and start taking ACTIONS?

Christine Kane is the Mentor to Women Who are Changing the World. She helps women uplevel their lives, their businesses and their success. Her weekly LiveCreative eZine goes out to over 12,000 subscribers. If you are ready to take your life and your world to the next level, you can sign up for a F.R.E.E. subscription at http://christinekane.com.

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