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In the News

Updated April 27, 2009

New Disability Law Lowdown Podcast

This new audio Disability Law Lowdown podcast, produced by the national network of ADA Centers, features Jacquie Brennan interviewing Memphis labor & employment attorney Joe Leibovich about the ADA Amendments Act and his new legal blog called The Legal Verse.                

The Disability Law Lowdown podcast is available in English, Spanish, and American Sign Language. You can access all three podcast versions by going to www.DisabilityLawLowdown.com

In addition to the current show, you can also listen to, or download, past episodes, including the Fair Housing Act, Social Security, the ADA, Transportation, and FMLA changes.


Updated April 21, 2009

Texas Healthcare Workers Wanted for Study Participation

April 21, 2009
Austin, Texas

Do you work in health care in Texas and have a colleague or supervise someone who has a disability? Or, are you a person with a disability who works in health care in Texas?

(By 'disability' we mean any kind of physical or mental impairment you currently have or had that lasted more than 6 months that limits or limited a major life activity for you — it could be arthritis, diabetes, a back injury, depression or a history of cancer or addiction to drugs or alcohol.— any health condition or impairment that currently does or in the past made it a lot harder for you than for the average person to walk, lift, sit, stand, read, concentrate, learn, see, hear, speak, bathe or engage in other major life activities.)

If so, researchers from SEDL would like to interview you about your work experiences.

We will give you a gift card of $25 as a thank you.

Focusing on those who work in hospitals, medical and dental labs, and nursing homes, the goal is to conduct one-on-one interviews, either face-to-face or by telephone, with individuals with disabilities, and with people who manage or supervise people with disabilities.

Please e-mail dbtac@sedl.org or call 1-800-476-6861 and ask for Kathleen Murphy to make arrangements. The research protocol has been reviewed by the Committee for the Protection of Human Subjects of the University of Texas Health Science Center at Houston (HSC-MH-08-0373).


Updated April 6, 2009

The American Recovery and Reinvestment Act of 2009 and the ADA: What You Need To Know

A reminder from the Department of Justice that the programs funded by the economic stimulus package must be accessible to people with disabilities and comply with ADA.


Updated April 8, 2009

Disability Law Handbook photoDisability Law Handbook

The DBTAC Southwest ADA Center, a program of ILRU at TIRR Memorial Hermann, announces the publication of The Disability Law Handbook, a 50-page guide to the basics of the Americans with Disabilities Act and other disability related laws.

Written in an FAQ format, The Disability Law Handbook answers questions about the Americans with Disabilities Act, the ADA Amendments Act, the Rehabilitation Act, Social Security, the Air Carrier Access Act, the Individuals with Disabilities Education Act, the Civil Rights of Institutionalized Persons Act, and the Fair Housing Act Amendments.

Currently, all printed copies have been given away and the handbook is now only available in electronic format.


Updated March 3, 2009

EEOC Seeks Public Comment On Proposed Regulations Implementing Genetic Information Non-Discrimination Act

February 25, 2009 - Embarking on an historic new area of jurisdiction, the U.S. Equal Employment Opportunity Commission (EEOC) today presented a Notice of Proposed Rule Making implementing employment provisions of the Genetic Information Non-Discrimination Act of 2008 (GINA), and urged public comment.

“The addition of genetic information discrimination to the EEOC’s mandate is historic, and represents the first legislative expansion of the EEOC’s jurisdiction since the Americans with Disabilities Act passed in 1990,” said Acting EEOC Chairman Stuart J. Ishimaru. “We welcome the opportunity to implement important provisions of this landmark legislation, and to expand the promise of equal opportunity in the workplace for everyone.”

Acting EEOC Vice Chair Christine M. Griffin said, “GINA is an important piece of legislation. As a deliberative body, we want to ensure that the intent of Congress is properly carried out through our regulations. Public comment on this NPRM is a critical part of that process. We look forward to a vigorous and thoughtful review.”

GINA, signed into law in May 2008, prohibits discrimination by health insurers and employers based on people’s genetic information. The EEOC is charged with issuing regulations by May 21 implementing Title II of GINA, which prohibits the use of genetic information in employment, prohibits the intentional acquisition of genetic information about applicants and employees, and imposes strict confidentiality requirements.

The EEOC opened a 60-day public comment period on the proposed rule-making at a Commission meeting today. Also at the meeting, a panel of experts hailed GINA for allowing people to advance their health care without risking their jobs.

“We know that in the past, patients have passed up genetic testing that could benefit their health, and have gone to great lengths to keep genetic information secret – even from their own doctors,” said Susannah Baruch, Law and Policy Director of the Pew Genetics and Public Policy Center at Johns Hopkins University. “With the passage of GINA and its implementation, we welcome a new era. There are many factors an individual may consider in deciding whether to take a genetic test, but the fear of discrimination must not be one of them.”


Updated November 3, 2008

Disability Law Lowdown Podcast in English, Spanish, and American Sign Language

October 23, 2008 - The Disability Law Lowdown is a podcast series devoted to disability law issues. It is available for free download on both iTunes and the Disability Law Lowdown website at http://www.disabilitylawlowdown.com/.

Listeners can subscribe to the podcasts to have shows automatically delivered to them. The podcasts are also available on the DLL website, where transcripts of the shows are simultaneously available.

New episodes are available today, including The ADA Amendments Act (the English podcast), Employment Discrimination and the ADA (the Spanish podcast), and Law Enforcement and the ADA (the ASL podcast).

The Disability Law Lowdown brings listeners the latest information about disability rights, disability case law updates, obligations under the Americans with Disabilities Act, and other disability-related topics.

Disability Law Lowdown is brought to you by the Disability Business Technical Assistance Center (DBTAC), which is a national network of ten ADA Centers, offering technical assistance and training in the Americans with Disabilities Act and other disability-related laws.

To subscribe or listen, look for the Disability Law Lowdown podcast on iTunes, or go to the website at http://www.disabilitylawlowdown.com


Updated September 25, 2008

President Bush signs the ADA Amendments Act into Law

(Washington, DC) For nearly two years, disability rights advocates have traveled the nation in a modified bus educating citizens and policymakers alike of the pressing need to restore vital civil rights protections of the Americans with Disabilities Act (ADA).

Today, President Bush signed the ADA Amendments Act into law and ADA Watch and the National Coalition for Disability Rights, the nonprofit organizations behind the Road To Freedom bus tour, praised all of those involved in this successful campaign to advance disability rights.

In recent years, the ADA the world's first human rights law for people with disabilities has been dramatically narrowed in the courts leaving citizens with epilepsy, diabetes, mental illness, HIV-AIDS and other disabilities unprotected from discrimination.

The ADA Amendments Act clarifies the intent of Congress and reverses the "judicial activism" that has resulted in more than 95% of employment-related ADA cases being dismissed on summary judgment.

Senator Tom Harkin (D-Iowa), lead sponsor of the ADA Amendments Act, acknowledged ADA Watch/NCDR's role in passage of this legislation on the floor of the Senate, thanking the Road To Freedom crew for "dedicating almost 2 years of their lives traveling on a bus around the country to every State, showing people about the importance of restoring the protections of ADA."

ADA Watch/NCDR founder and president, Jim Ward stated today:

"This is a monumental victory for people with disabilities. As America seeks to respond to the economic challenges we face, this law if enforced will assure that people with disabilities are fairly included in the workforce and that we can do our jobs free from discrimination."

"ADA Watch and the National Coalition for Disability Rights praises the thousands of Americans who produced and participated in Road To Freedom bus stops as, together, we called for restoration of the ADA. Likewise, we praise the tireless efforts of advocates such as Andy Imparato, Sandy Finucane, Curt Decker, Chai Feldblum, Jennifer Mathis, Arlene Mayerson, Shereen Arent, Donna Meltzer, Nancy Zirkin, Michael Collins, Yoshiko Dart, Tom Olin, Debbie Fletter Ward and so many others."

ADA Watch and the National Coalition for Disability Rights (NCDR) is a coalition of national, state and local disability, civil rights and social justice organizations united to protect and promote the human rights of children and adults with physical and mental disabilities.

For more information about the ADA Amendment Act, please visit adabill.com or Georgetown's new site on the ADA, ArchiveADA.


Updated September 10, 2008

Federal Judge Rules ADA applies to Airports and Airlines

A federal judge in Detroit ruled that the Americans with Disabilities Act applied to airports and to airlines such as Northwest Airlines. Several courts have previously ruled that the ADA did not apply to airports and that air travelers had to rely on remedies under the Air Carrier Access Act.


Updated September 4, 2008

EEOC Addresses Performance and Conduct Issues under the Americans with Disabilities Act

The U.S. Equal Employment Opportunity Commission (EEOC) issued a comprehensive question-and-answer guide addressing how the Americans with Disabilities Act (ADA) applies to a wide variety of performance and conduct issues.  The document is available on the agency’s web site at www.eeoc.gov/facts/performance-conduct.html.

The new guide makes clear that employers can apply the same performance standards to all employees, including those with disabilities, and emphasizes that the ADA does not affect an employer’s right to hold all employees to basic conduct standards.  At the same time, however, employers must make reasonable accommodations that enable individuals with disabilities to meet performance and conduct standards.

The guide reviews relevant ADA requirements and explains how they govern performance and conduct standards as applied to employees with disabilities.  Through examples based on actual cases and specific scenarios that the EEOC has learned about from employers and individuals with disabilities, this guide explains when and how performance and conduct standards should be applied and the appropriate role of reasonable accommodation. The guide explains how and when employees should request accommodations to help them meet performance requirements and comply with conduct rules, and how an employer should handle such requests.

Other topics addressed include issues related to attendance, dress codes, and drug and alcohol use, and the circumstances in which employers can ask questions about an employee’s disability when performance or conduct problems occur.


Updated August 26, 2008

First Ever ASL Podcast from the Disability Law Lowdown

August 21, 2008 – The first ever video podcast series in American Sign Language announces new episodes on the Disability Law Lowdown website at ASL.DisabilityLawLowdown.com. The Disability Law Lowdown ASL podcasts  bring a new level of service to the Deaf community by expanding traditional audio-only podcasts to include video that allows subscribers too see native Deaf speakers signing the show’s content.  The podcasts deliver the latest in disability law information every other week via American Sign Language, captioning, voice-over, and transcripts to maximize accessibility. Free subscriptions to the ASL podcasts are available to have shows automatically delivered to MP3 players. The ASL podcasts are also available on the Disability Law Lowdown website, where transcripts of the shows are simultaneously available. And for the fastest viewing, the ASL podcasts are available on YouTube at www.youtube.com/disabilitylawlowdown.

Topics currently available include: Your Legal Rights as a College Student, Legal Obligations of the Hospitality Industry, Requesting an Interpreter, and an Overview of the Americans with Disabilities Act.

The hosts for the ASL Disability Law Lowdown are native Deaf signers Danny Warthling and AJ Roupp. They will provide the latest information about disability rights and obligations under the Americans with Disabilities Act, and other disability-related topics. Subscription is free and RSS feeds are available to automatically download the shows to video iPods, computers, phones, and other video-capable devices.

Disability Law Lowdown is provided by the Disability Business Technical Assistance Center (DBTAC), a national network of ten ADA Centers across the country, offering technical assistance and training in the Americans with Disabilities Act and other disability-related laws. DCRE Labs developed the Disability Law Lowdown website and brought together several new technologies as part of the Disability Law Lowdown project.

To subscribe, look for the ASL Disability Law Lowdown podcast on iTunes, or visit ASL.DisabilityLawLowdown.com.

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