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					                     ADA Pipeline

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A Publication of the DBTAC: Southeast
ADA Center
Volume 20, No. 1, 2011
A Project of the Burton Blatt Institute:
Centers of Innovation on Disability at
Syracuse University

                 Table of Contents
ADA Pipeline ............................................... 1
The New ADA Regulations: Service Animals
Go to the Dogs (and Miniature Horses) ...... 5
Making a Difference .................................. 17
Southeast DBTAC Staff and Affiliates Put
the ADA in Action ...................................... 17
“Like” Us on Facebook! ............................. 24
Other Changes Made to Titles II and III
under the Americans with Disabilities Act . 25
Register Now for the 2011 National ADA
Symposium ............................................... 36

                              1
2011 Webinar Series for Business ........... 38
Department of Justice Update .................. 41
Employment Rights and the Americans with
Disabilities Amendments Act of 2008 ....... 60
Employment Update ................................. 63
REI Tour TaxAccess Project Makes Tax
Filing Easier for Persons with Disabilities . 65
New Publications & Online Resources ..... 70
The Community Participation Research
Project: Using Participatory Action
Research to Study Accessibility and
Community Participation ......................... 104
Do You Need this Newsletter in an
Accessible Format? ................................ 113



               About ADA Pipeline
 ADA Pipeline is published twice each year
   by the DBTAC: Southeast ADA Center
(Southeast DBTAC). The Southeast DBTAC
  is authorized by the National Institute on
   Disability and Rehabilitation Research,
 Grant #133A060094 to provide information,

                          2
    materials, and technical assistance to
 individuals with rights, as well as entities,
      that are covered by the ADA. The
    information, materials, and technical
 assistance are intended solely as informal
guidance; this assistance does not serve as
     determination of your legal rights or
   responsibilities under the ADA, nor is it
  binding on any agency with enforcement
        responsibilities under the ADA.

ADA Pipeline is available, free of charge, to
subscribers in the eight southeastern states,
  and it is available upon request in large
 print, braille, audio cassette, and compact
                      disk.


      Southeast DBTAC Project Staff
• Peter Blanck, J.D., Ph.D
Co-Principal Investigator
• Shelley Kaplan

                      3
Senior Advisor
• Pamela Williamson
Project Director
• Meera Adya, J.D., Ph.D
Director of Research
• Elaine Sutton Mbionwu
Director of Training and Technical
Assistance
• Sally Weiss
Director of Materials and Dissemination
• Marsha Schwanke
Web Developer
• Mary Morder
Help Desk Specialist/Newsletter Editor
• Amy Oliveras
Office Administration
• Sarah Endicott
Information Specialist
• Cheri Hofmann
Information Specialist/
Distance Learning Coordinator

                     4
• Linda Priest
Information Specialist
• Maris Burton
Information Specialist
• Christine Woodell
Information Specialist



  The New ADA Regulations: Service
 Animals Go to the Dogs (and Miniature
                Horses)
   By Pamela Williamson, Project Director
       DBTAC: Southeast ADA Center
  Burton Blatt Institute at Syracuse University

On July 23, 2010, U.S. Attorney General Eric
Holder signed final regulations revising the
Department of Justice (DOJ) ADA regulations
under Title II and Title III, including its ADA
Standards for Accessible Design. The official
text was published in the Federal Register on

                         5
September 15, 2010. Perhaps the most eagerly
awaited sections of the new regulations were
those concerning the definition of a ―service
animal.‖ The final rule includes new language
(in Sect. 35.104 of the Title II regulations and in
Sect. 36.104 of the Title III regulations) that
defines ―service animal‖ as a dog that has been
individually trained to do work or perform tasks
for the benefit of an individual with a disability.
The final rule also clarifies that the ADA
protects individuals with mental disabilities who
use service animals that are trained to perform a
specific task. For example, a service dog may
help persons with psychiatric and neurological
disabilities by preventing or interrupting
impulsive or destructive behaviors.

Although the ADA has been around for more
than 20 years, there is still a lot of confusion
about service animals. The Southeast ADA
Center receives many calls and e-mails asking

                         6
about the ADA regulations for service animals.
Owners and managers of hotels and restaurants
want to know if they must allow a person with a
service animal to enter their place of business.
Employers ask for advice on workplace
accommodations for employees who use service
animals. Medical offices and schools wonder
what their ADA obligations are to persons who
use a service animal.

Some of the questions we receive include:
   What types of animals are qualified as
    service animals?
   What tasks do the animals perform?
   A person who is deaf came into my store
    with a dog. I thought that people who are
    blind are the only ones who use service
    dogs. Can you tell me how dogs help other
    people with disabilities?




                       7
    Definition of Service Animal (became
          effective March 15, 2011)
“Service animal” means any dog that is
individually trained to do work or perform tasks
for the benefit of an individual with a disability,
including a physical, sensory, psychiatric,
intellectual, or other mental disability. Other
species of animals, whether wild or domestic,
trained or untrained, are not service animals for
the purposes of this definition. The work or tasks
performed by a service animal must be directly
related to the handler’s disability. Examples of
work or tasks include, but are not limited to,
assisting individuals who are blind or have low
vision with navigation and other tasks, alerting
individuals who are deaf or hard of hearing to
the presence of people or sounds, providing non-
violent protection or rescue work, pulling a
wheelchair, assisting an individual during a
seizure, alerting individuals to the presence of
allergens, retrieving items such as medicine or

                        8
the telephone, providing physical support and
assistance with balance and stability to
individuals with mobility disabilities, and
helping persons with psychiatric and
neurological disabilities by preventing or
interrupting impulsive or destructive behaviors.
The crime deterrent effects of an animal’s
presence and the provision of emotional
support, well-being, comfort, or companionship
do not constitute work or tasks for the purposes
of this definition. 1

Because the work or tasks performed by a
service animal must be directly related to the
person‘s disability, dogs that are not trained to
perform tasks that reduce the effects of a
disability, including dogs that are used purely
for emotional support, well being, comfort or
companionship, do not meet the definition of
service animals under the new regulations.



                         9
 Miniature Horses May Be Service Animals
The 2010 regulations also permit the use of
trained miniature horses as alternatives to dogs,
subject to certain limitations. The rule states: ―A
public entity shall make reasonable
modifications in policies, practices, or
procedures to permit the use of a miniature horse
by an individual with a disability if the miniature
horse has been individually trained to do work
or perform tasks for the benefit of the individual
with a disability.‖ 2

The Justice Department‘s Fact Sheet on
Highlights of the Final Rule Highlights of the
Final Rule to Amend the Department of
Justice’s Regulation Implementing Title II of
the ADA notes that ―to allow flexibility in
situations where using a horse would not be
appropriate, the final rule does not include
miniature horses in the definition of ‗service
animal.‘‖ 3 In addition to being individually

                        10
trained to do work or perform tasks for the
benefit of the individual with a disability, the
miniature horse must be housebroken and, as
with dogs used as service animals, the handler
must have sufficient control of the animal. When
considering whether a reasonable modification
can be made for a miniature horse serving as a
service animal, the public entity shall consider
―the type, size, and weight of the miniature
horse and whether the facility can accommodate
these features; … and whether the miniature
horse‘s presence in a specific facility
compromises legitimate safety requirements that
are necessary for safe operation.‖ 2

According to the Guide Horse training program,
most miniature horses are 34 to 38 inches high at
the shoulder blades. Miniature horses selected
for the Guide Horse training program must
measure less than 26 inches high to enable



                       11
accessibility for their owners.
(www.guidehorse.org/faq_horses.htm)


  Emotional Support Animals and the ADA
Emotional support can be an important part in
the lives of people with disabilities. However,
emotional support animals are not included in
the definition of service animal under the ADA
and are not considered service animals — even
if a doctor states that the person has a disability
and needs the dog for emotional support.
However, a psychiatric service dog that has been
―trained to perform a variety of tasks that assist
individuals to detect the onset of psychiatric
episodes and [reduce] their effects‖ 4 falls under
the ADA definition of a service animal.

The ADA National Network by DBTAC
publication, Service Animals and Emotional
Support Animals: Where are they allowed and
under what conditions? gives examples of tasks

                        12
performed by psychiatric service dogs as well as
disability-specific tasks performed by other
types of service animals. 4

Psychiatric Service Dog can be trained to
perform a variety of tasks that assist individuals
with disabilities to detect the onset of
psychiatric episodes and ameliorate their
effects. The tasks performed by psychiatric
service animals may include reminding the
handler to take medicine; providing safety
checks, or room searches, or turning on lights
for persons with Post Traumatic Stress
Disorder; interrupting self-mutilation by
persons with dissociative identity disorders; and
keeping disoriented individuals from danger.
Dog Guide, or Seeing Eye® Dog is a carefully
trained dog that serves as a travel tool for
persons with severe visual impairments or who
are blind.



                       13
Hearing or Signal Dog is a dog that has been
trained to alert a person with significant hearing
loss or deafness when certain sounds occur -
such as a crying baby or a knock on the door.
SsigDog is a dog trained to assist a person with
autism. For example, the dog alerts the person
with autism to their distracting repetitive
movements (e.g., hand flapping) that are
common behaviors for persons with autism,
allowing the person to stop the behavior.
Seizure Response Dog is a dog trained to assist
a person with a seizure disorder. How the dog
serves the person depends on the person‘s
needs. The dog may stand guard over the
person during a seizure, or the dog may go for
help. Some dogs have learned to predict a
seizure and warn the person in advance. 4

If you have additional questions or concerns
about these new regulations on service animals
and the ADA, please contact the Southeast ADA

                       14
Center at 1-800-949-4232 (voice/TTY) or e-mail
us at sedbtacproject@law.syr.edu.


                   Endnotes
1
 ADA Title II Regulations: Part 35
Nondiscrimination on the Basis of Disability in
State and Local Government Services (as
amended by the final rule published on
September 15, 2010), Subpart A - General,
Section 35.104 Definitions
www.ada.gov/regs2010/titleII_2010/titleII_2010
_withbold.htm

2
  ADA Title III Regulations: Sect. 36.302
Modifications in policies, practices, or procedure
(c) Service animals, (i) miniature horses;
Also in ADA Title II Regulations: Sect. 35.136
Service animals




                       15
3
  Fact Sheet: Highlights of the Final Rule to
Amend the Department of Justice‘s Regulation
Implementing Title II of the ADA
www.ada.gov/regs2010/factsheets/title2_factshe
et.html

4
  Service Animals and Emotional Support
Animals: Where are they allowed and under
what conditions?
www.southwestada.org/html/publications/ebulle
tins/legal/2011/march2011


            Additional Resources
Service Animals TIPS: Technical Information
Perspectives and Solutions (TIPS) - October
2010,
sedbtac.org/ada/training/ServiceAnimals.doc

ADA Title II Regulations



                      16
www.ada.gov/regs2010/titleII_2010/titleII_2010
_withbold.htm

ADA Title III Regulations
www.ada.gov/regs2010/titleIII_2010/titleIII_20
10_integrated.htm 




            Making a Difference
Southeast DBTAC Staff and Affiliates Put
           the ADA in Action


Outreach to Post-Secondary Students with
Disabilities
On February 4, 2011, Burton Blatt Institute
(BBI) and DBTAC: Southeast ADA Center
representatives Pamela Williamson, Project
Director, and Elaine Sutton-Mbionwu, Assistant
Project Director/Director of Training and
Technical Assistance, met with Stephan Hamlin-

                      17
Smith, Executive Director of AHEAD
International (Association on Higher Education
and Disability). The purpose of this meeting was
to identify opportunities for the Southeast ADA
Center to conduct: 1) information dissemination
through AHEAD‘s local, regional, national, and
international network of affiliates; 2) training
and technical assistance for AHEAD‘s affiliates
on the ADA Amendments Act; 3) on-site
presentations at AHEAD‘s annual conference in
July 2011, as well as to showcase products and
services at an exhibitor‘s booth.


Reintegration of Individuals with Disabilities
with a History of Incarceration
On February 4, 2011, Burton Blatt Institute
(BBI) and DBTAC: Southeast ADA Center
representatives Stephan Hamoiwitz, with the
Homeless Veterans‘ Reintegration Program, and
Elaine Sutton Mbionwu, met with John Howell
of Florida Vocational Rehabilitation (VR) to

                       18
discuss Florida VR‘s interest in workforce
reintegration of individuals with disabilities with
a history of incarceration. Although the Florida
VR is very familiar with providing services for
individuals with disabilities, it is unfamiliar with
the barriers and challenges facing individuals
with disabilities who have been in jail. The
concerns the group discussed were: 1) how to
explain convictions to employers; 2)
expungement of records; 3) restoration of rights;
4) federal bonding; 5) challenges with obtaining
medical/psychological records; 6) pre/post-
release eligibility determination; and 7)
strategies for developing job search goals for an
individual with a criminal history. Future plans
include providing technical assistance to the
Florida VR specific to workforce reentry
barriers for unemployed former inmates with
disabilities, as well as developing collaborative
partnerships to support the ongoing needs of
these individuals with disabilities.

                        19
Outreach to Persons with Disabilities in
Culturally Diverse Communities: Invisible
Voices Project
On February 4, 2011, Burton Blatt Institute
(BBI) and DBTAC: Southeast ADA Center
representatives Pamela Williamson, Project
Director, and Elaine Sutton-Mbionwu, Assistant
Director/Director of Training and Technical
Assistance, met with Myrna Clayton, Director of
ABEL2, a metropolitan Atlanta arts and
education non-profit organization that recruits
and showcases the musical talent of individuals
with disabilities. This initial meeting was an
exploratory one to discuss the potential of a
collaborative partnership around Invisible
Voices, a powerful DVD that invites the viewer
to consider disability in a profound and personal
way. Invisible Voices is a recording of a live
performance featuring six ordinary people with
extraordinary life stories. The focus of this

                       20
meeting was identifying ways to diversify and
widen the distribution outlets and overall reach
of the Invisible Voices Project DVD. In addition,
the group brainstormed on ways to make the
project more culturally inclusive by involving
school-age children (K-5) who live in urban
areas. More information on Invisible Voices:
www.invisiblevoices.org.


DVD Available on Loan
Invisble Voices on DVD is also available
through the Southeast ADA Center‘s Video
Loan Program. Please visit
www.sedbtac.org/publications.php?idpg=257#vi
deoloan or contact Amy Oliveras at 1-800-949-
4232 (voice/TTY); Email: aolivera@law.syr.edu
for information on borrowing the Invisible
Voices DVD.




                       21
DBTAC: Southeast ADA Center Welcomes
Elaine Sutton Mbionwu
The DBTAC: Southeast ADA Center welcomes
Elaine Sutton Mbionwu to the team as the new
Assistant Director/Director of Training and
Technical Assistance. She brings a wealth of
experience to the team. Most recently, she
worked as the Program Manager/Volunteer
Administrator with the Single Parent Alliance
and Resource Center and was responsible for
organizational capacity building and resource
development through the provision of training,
technical assistance, and program development.
She has also worked with the National Disability
Rights Network (NDRN) in developing their
first National Criminal Justice Initiative for the
national Protection and Advocacy (P&A)
network.

Elaine is a graduate of the Executive Faculty
Development Program of Morehouse School of

                       22
Medicine‘s National Primary Care Center in
Atlanta, Georgia. The one-year accelerated
program centered on the development of a
public health curriculum entitled, ―Advancing
the Development of Healthy Life-Course
Outcomes for Single Parent Families.‖

Her additional publications include:
 ―Re-Entry Partnerships: A Guide for States &
Faith-based/Community Organizations‖ (2008)
(www.reentrypolicy.org/jc_publications/reentry
_partnerships_guide/Reentry_Partnership_Web.
pdf)
 Parental Engagement: Intervention Strategies
for Single Parent Families in Crisis, published
by the Child and Family Journal of Ontario,
Canada (September 2008).
 Contributing author to the textbook, Race,
Crime, and the Media. Her chapter is titled
―Media Frames: The Impact of Public Opinion



                      23
on the Death Penalty‖ (2009) (www.mcgraw-
hill.co.uk/html/0073401560.html).


Audio: Learn More about the Southeast
ADA Center and Burton Blatt Institute (BBI)
at Syracuse University
sedbtac.org/media/AYS-APRIL2011.MP3
Pamela Williamson, Project Director of the
DBTAC: Southeast ADA Center, is featured in
an ―At Your Service‖ radio broadcast from the
Georgia Radio Reading Service (GARRS),
talking about the work of the Southeast ADA
Center and the Burton Blatt Institute (BBI) at
Syracuse University. (MP3 file) 


          “Like” Us on Facebook!
www.facebook.com/pages/DBTAC-
Southeast-ADA-Center/154812123602


Visit the Southeast ADA Center Facebook
page to find out what we are doing. 
                      24


    Other Changes Made to Titles II and III
    under the Americans with Disabilities
                    Act

The Department of Justice (DOJ) has amended
its regulations implementing Titles II and III of
the Americans with Disabilities Act (ADA),
which applies to public entities. Most of the new
regulations took effect on March 15, 2011. Some
of these changes are summarized here with
information from two DOJ Fact Sheets:
Highlights of the Final Rule to Amend the
Department of Justice’s Regulation
Implementing Title II [and Title III] of the ADA.

Copies of this rule and the fact sheets are
available in an accessible electronic format at
www.ada.gov. For additional information or to


                       25
order copies of any documents, call the ADA
Information Line at (800) 514-0301 (voice) or
(800) 514-0383 (TTY).


Wheelchairs and Other Power-Driven
Mobility Devices
The final rule adopts a two-tiered approach to
mobility devices, drawing distinctions between
wheelchairs and ―other power-driven mobility
devices.‖ ―Other power-driven mobility devices‖
include a range of devices not designed for
individuals with mobility impairments, such as
the Segway® PT, but which are often used by
individuals with disabilities as their mobility
device of choice. Wheelchairs must be permitted
in all areas open to pedestrian use. ―Other
power-driven mobility devices‖ must also be
permitted to be used unless the covered entity
can demonstrate that such use would
fundamentally alter its programs, services, or
activities, create a direct threat, or create a safety

                         26
hazard. The rule also lists factors to consider in
making this determination. This approach
accommodates both the legitimate business
interests in the safe operation of a facility and
the growing use of the Segway® PT as a
mobility device by returning veterans and others
who are using the Segway® PT as their mobility
aid of choice.


Ticketing
The final rule provides guidance on the sale of
tickets for accessible seating, the sale of season
tickets, the hold and release of accessible seating
to persons other that those who need accessible
seating, ticket pricing, prevention of the
fraudulent purchase of accessible seating, and
the ability to purchase multiple tickets when
buying accessible seating. It requires a venue
operator to accommodate an individual with a
disability who acquired inaccessible seating on


                        27
the secondary ticket market only when there is
unsold accessible seating for that event.


Detention and Correctional Facilities
The final rule clarifies the requirements that
apply to correctional facilities. It requires three
percent of newly constructed or altered cells to
be accessible. At least one of each type of
general holding cells, general housing cells,
medical care facilities, and visiting areas must
be accessible. In addition, at least one of each
type of special holding cells or special housing
cells also must be accessible. Also, at least one
of each type of central holding cells, court-floor
holding cells, and visiting areas in a judicial
facility must be accessible.


Judicial Facilities
The final rule requires that each courtroom must
be accessible. Jury boxes, witness stands, and

                        28
jury deliberation areas must be accessible. The
judge‘s bench and other employee work stations
must be accessible, but raised courtroom work
stations are not required to provide ramps or lifts
at the time of construction as long as the space
has been designed to permit the future addition
of a ramp or lift without substantial
reconstruction.


Residential Housing Offered for Sale to
Individual Owners
Residential housing programs provided by Title
II entities are covered by the ADA. For the first
time, however, the final rule establishes design
requirements for residential dwelling units
designed and constructed or altered by public
entities that will be offered by sale to
individuals. These units must comply with the
requirements for residential facilities in the 2010
Standards including section 233 and 809. This
requirement also applies to housing programs

                        29
where the design and construction of particular
residential dwelling units take place only after a
specific buyer has been identified. In such
programs, the covered entity must provide the
units that comply with the requirements for
accessible features to those pre-identified buyers
with disabilities who have requested such a unit.


Effective Communication
The rule includes video remote interpreting
(VRI) services as an example of a type of
auxiliary aid that may be used to provide
effective communication. VRI is an interpreting
service that uses video conference technology
over dedicated lines or wireless technology
offering a high-speed, wide-bandwidth video
connection that delivers high-quality video
images. To ensure that VRI is effective, the
Department has established performance
standards for VRI and requires training for users
of the technology and other involved individuals

                        30
so that they may quickly and efficiently set up
and operate the VRI system.


Reservations Made by Places of Lodging
The rule establishes requirements for
reservations made by places of lodging,
including procedures that will allow individuals
with disabilities to make reservations for
accessible guest rooms during the same hours
and in the same manner as other guests, and
requirements that will require places of lodging
to identify and describe accessible features of a
guest room, to hold back the accessible guest
rooms for people with disabilities until all other
guest rooms of that type have been rented, and
to ensure that a reserved accessible guest room
is removed from all reservations systems so that
it is not inadvertently released to someone other
than the person who reserved the accessible
room. The final rule limits the obligations of
third-party reservation operators that do not

                        31
themselves own and operate places of lodging.
In addition, to allow the hospitality industry
appropriate time to change reservation systems,
the final rule gives places of lodging 18 months
from the publication date of September 15,
2010, to come into compliance with these
requirements.


Timeshares, Condominium Hotels, and
Other Places of Lodging
The rule provides that timeshare and
condominium properties that operate like hotels
are subject to Title III, providing guidance about
the factors that must be present for a facility that
is not an inn, motel, or hotel to qualify as a place
of lodging. The final rule limits obligations for
units that are not owned or substantially
controlled by the public accommodation that
operates the place of lodging. Such units are not
subject to reservation requirements relating to
the ―holding back‖ of accessible units. They are

                        32
also not subject to barrier removal and
alterations requirements if the physical features
of the guest room interiors are controlled by
their individual owners rather than by a third
party operator.


Adoption of the 2010 ADA Standards for
Accessible Design
The Department of Justice has adopted revised
ADA Design Standards that include the relevant
chapters of the Access Board´s 2004 ADA/ABA
Accessibility Guidelines as modified by specific
provisions of this rule. To minimize compliance
burdens on entities subject to more than one
legal standard, these design standards have been
harmonized with the Federal standards
implementing the Architectural Barriers Act and
with the private sector model codes that are
adopted by most States.



                        33
The rule will become effective on March 15,
2011. On March 15, 2012, compliance with the
2010 Standards will be required for new
construction and alterations. In the period
between September 15, 2010 and March 15,
2012, covered entities may choose between the
1991 Standards, the Uniform Federal
Accessibility Standards (UFAS), and the 2010
Standards. Covered entities that should have
complied with the 1991 Standards or the UFAS
during any new construction or alteration of
facilities or elements, but have not done so by
March 15, 2012, must comply with the 2010
Standards.

The rule includes a general ―safe harbor‖ under
which elements in covered facilities that were
built or altered in compliance with the 1991
Standards or the UFAS would not be required to
be brought into compliance with the 2010
Standards until the elements were subject to a

                       34
planned alteration. Similar safe harbors were
adopted for elements associated with the ―path
of travel‖ to an altered area.


                    Sources
2010 ADA Standards for Accessible Design
www.ada.gov/regs2010/ADAregs2010.htm

Fact Sheet: Highlights of the Final Rule to
Amend the Department of Justice‘s Regulation
Implementing Title II of the ADA
www.ada.gov/regs2010/factsheets/title2_factshe
et.html

Fact Sheet: Highlights of the Final Rule to
Amend the Department of Justice‘s Regulation
Implementing Title III of the ADA
www.ada.gov/regs2010/factsheets/title3_factshe
et.html



                       35
Revised ADA Requirements: Effective Date and
Compliance Date
www.ada.gov/revised_effective_dates-2010.htm
www.ada.gov/revised_effective_dates-2010.pdf
(PDF 4 pages, 217 KB) 


Register Now for the 2011 National ADA
             Symposium


May 8-11 ~ Las Vegas, Nevada


Questions?
Lisa Hamburg
Phone: (573) 882-3600
E-mail: HamburgL@missouri.edu
Web: adasymposium.org

The National ADA Symposium is the most
comprehensive conference available on the
Americans with Disabilities Act (ADA). It is

                      36
designed to meet the needs of a diverse audience
including ADA Coordinators, advocates,
architects, code officials, government officials,
service providers, individuals with disabilities,
employers, and the business community.

Over 95% of prior Symposium attendees
reported they learned something that they could
use on the job or in their communities.

This year‘s Symposium will offer 64 sessions
covering all areas of the ADA, with a special
emphasis on the many critical new
developments in ADA regulations and
guidelines.

Representatives from the key agencies involved
in implementing the ADA, the U.S. Departments
of Justice, Labor, and Transportation, the EEOC,
and the U.S. Access Board, will provide cutting
edge information on:

                       37
  Impact of the ADA Amendments Act
   (ADAAA) on employers and employees;
  New U.S. Department of Justice (DOJ)
   regulations for Title II and Title III of the
   ADA;
  New 2010 ADA Standards for Accessible
   Design.

Whatever your background and experience with
the ADA, you will not find a better conference
than the National ADA Symposium! 



    2011 Webinar Series for Business
 Your Training Solution on the ADA & People
      with Disabilities in the Workplace
    sedbtac.org/webinars/index.php




                       38
Overview
A four-part webinar series (February, April,
June and September) focused on leading
practices that advance disability inclusion for
business. Leaders in the field will share their
experience, success and practical methods for
promoting the inclusion of people with
disabilities in the workplace.


Benefits of Series
Participating in the Webinar Series can support
professional development of an individual, a
department or an entire agency for less cost than
sending staff to comparable training events.
We encourage businesses and sponsoring
agencies to invite individuals, co-workers, local
employers and community partners to participate
at your site. Use the time following each session
to discuss company employment programs and
talk with participants about next steps to


                        39
improve their approach to disability inclusion
and employing individuals with disabilities.


FREE ~ Registration limited to 400 sites!
Time ~
1:30 pm - 3:00 pm (Eastern)
12:30 pm - 2:00 pm (Central)


Webinar Schedule
• June 16, 2011
Creating a Model with Business: Common
Sense Approaches to Access &
Accommodations
• September 15, 2011
On-line Employment Applications & Website
Accessibility
Archived Webinars:
• Flexible Workplaces Benefit Everyone
Especially Persons with Disabilities (February
17, 2011)

                       40
sedbtac.org/webinars/eventTemplate.php?eventi
d=530#pptmats
• Building the Corporate Business Case for
Including Disability-Owned Businesses in
Supplier Diversity (April 21, 2011)
sedbtac.org/webinars/eventTemplate.php?eventi
d=531#pptmats





       Department of Justice Update
Enforcing the ADA: A Status Report from
the Department of Justice

This summary is excerpted from Disability
Rights Online News, a bi-monthly update of
activities of the Civil Rights Division in the area
of disability rights, and from Enforcing the ADA,
a quarterly status report on ADA activities. It
highlights ADA activities of the Department of
Justice in the Southeast from September 2010 to

                        41
January 2011. The full reports are available at
www.ada.gov/disabilitynews.htm and
www.ada.gov/enforce.htm#anchor201570.

          ENFORCING OLMSTEAD
State of Georgia Agrees to Overhaul Its
Mental Health and Developmental Disability
System to Comply with ADA
On October 19, 2010, the State of Georgia
entered into a comprehensive settlement
agreement with the Department that will
transform the state‘s mental health and
developmental disability system. The agreement
requires the state to vastly expand its
community-based services so that Georgia can
serve individuals with mental illnesses and
developmental disabilities in the most integrated
setting appropriate to their needs, as required by
the ADA and the Supreme Court‘s landmark
decision in Olmstead v. L.C., an earlier case
challenging segregation in a Georgia state

                        42
hospital. Under the agreement, over the next
five years the state will create at least 1,000
Medicaid waivers to transition all individuals
with developmental disabilities from state
hospitals to community settings. The state will
also create or greatly expand crisis, respite,
family support, and housing support services to
better serve these individuals in the community.
In addition, the state will increase its assertive
community treatment, intensive case
management, case management, supported
housing, and supported employment programs to
serve 9,000 individuals with mental illnesses in
community settings. The state will create crisis
services centers, crisis stabilization programs,
mobile crisis units, and crisis apartments to
respond to and serve individuals in a mental
health crisis without the need for admission to a
state hospital.




                       43
       OTHER OLMSTEAD ACTIONS
On September 10, 2010, the Department filed a
motion to intervene in Jones v. Dudek (formerly
Jones v. Arnold), a lawsuit pending in the
federal court in Jacksonville, Florida,
challenging the State of Florida‘s failure to
provide necessary community-based services so
that Medicaid-eligible individuals with spinal
cord injuries can be served in community
settings. Plaintiffs are seeking to have the case
certified as a class action. The State continues to
fund costly institutional care, rather than provide
sufficient community-based services for people
with spinal cord injuries, which forces them to
choose between forgoing needed services or
being institutionalized in order to receive the
services they need.

On September 14, 2010, the Department filed a
Statement of Interest (a legal brief similar to a
brief filed as amicus curiae) in Cruz v. Dudek, a

                        44
lawsuit pending in the federal court in Miami,
Florida, raising the same issues as Jones v.
Dudek. The Department‘s brief urged the court
to grant the plaintiffs‘ motion for a preliminary
injunction requiring the State to provide
community-based services to them while the
case is pending. This case will likely be joined
with the Jones lawsuit if it is certified as a class
action.

On October 6, 2010, the Department filed a
Statement of Interest in Knipp v. Perdue, a
lawsuit pending in the federal court in Atlanta,
Georgia, on behalf of individuals with mental
disabilities whose Medicaid services were being
terminated by the state. The Department‘s brief
urged the court to grant the plaintiffs‘ motion for
a preliminary injunction requiring the state to
continue providing services to them while the
case is pending and to deny the State‘s motion
challenging the plaintiffs‘ right to sue and their

                         45
claim that the state‘s action violates the
Olmstead decision and the ADA‘s integration
mandate.

On October 12, 2010, the Department filed a
Statement of Interest in Boyd v. Herrmann-
Steckel, a lawsuit challenging the State of
Alabama‟s refusal to provide community-based
services for a young man with quadriplegia who
currently resides in a nursing home. The
facility‘s restrictions and conditions make it
difficult for him to pursue his graduate studies at
a local state university. The Department‘s brief,
filed in the federal court in Montgomery,
Alabama, argued that the plaintiff is suffering
irreparable harm and should be provided with
community-based services while the case is
pending.




                        46
      NEW PROJECT CIVIC ACCESS
            SETTLEMENTS
New Justice Department settlement agreements
in the Southeast Region under the Project Civic
Access initiative include:


Fort Myers, Florida (9/30/10)
www.ada.gov/ft_myers_pca/fort_myers_sa.htm


      ADA MEDIATION HIGHLIGHTS
The ADA Mediation Program is a Department-
sponsored initiative intended to resolve ADA
complaints in an efficient, voluntary manner.
Mediation cases are initiated upon referral by the
Department when both the complainant and the
respondent agree to participate. The program
uses professional mediators who are trained in
the legal requirements of the ADA and has
proven effective in resolving complaints at less
cost and in less time than traditional

                       47
investigations or litigation. Over 78% of all
complaints mediated have been resolved
successfully.

In North Carolina, a person who uses a
wheelchair complained that a department store
was inaccessible because merchandise blocked
the accessible route and boxes were stored in the
accessible dressing rooms. The store increased
space between the racks, trained employees to
ensure that merchandise is not stored in the
aisles or in the accessible dressing rooms, and
apologized to the complainant.

In Alabama, the children of a person with a
disability that affects manual dexterity
complained that a chain restaurant refused to
provide their parent with a safety cup that the
restaurant provides for children. The company
reaffirmed its commitment to modify its policies
for people with disabilities, provided ADA

                        48
training to all employees in the region, required
that two of the restaurant‘s managers (one of
whom was demoted due to this incident) write
an apology letter to the complainants, and
provided a free meal for the complainants.

In South Carolina, an individual complained
that a fitness center revoked her membership
because she has Tourette Syndrome. The fitness
center reinstated the complainant‘s membership
and posted an informational notice about
Tourette Syndrome at the front desk at the
complainant‘s request.

In Florida, an individual with a disability
alleged that a beauty and barber academy
refused to serve him because he uses a service
animal for seizure detection. The academy
changed its policy and agreed to serve customers
who use service animals, added materials on
service animals and the ADA to its employee

                        49
training, and provided the complainant [with] six
free haircuts.

In Tennessee, a person who uses a wheelchair
complained that a city public works building
was inaccessible. The city installed signage and
a curb ramp at an accessible parking space, re-
graded the path of travel from the parking space
to the building entrance, installed a ramp at the
entrance, and installed a buzzer for individuals
to ring for employee assistance to open the door
if needed.

In Florida, a person who is deaf complained that
a residential substance abuse treatment center
refused to provide him with a sign language
interpreter for its entry interview and classes.
The center changed its policy and developed
new procedures for providing effective
communication, including the provision of sign
language interpreters upon request, for all

                       50
classes and programs. The center also trained
staff on providing effective communication and
on deaf culture and paid the complainant $8,000.


     DOJ INFORMAL SETTLEMENTS
The Department resolves numerous cases
without litigation or a formal settlement
agreement. In some instances, the public
accommodation, commercial facility, or State or
local government promptly agrees to take the
necessary actions to achieve compliance. In
others, extensive negotiations are required.

In Georgia, an inmate who uses a prosthetic leg
alleged that a state prison refused to have his
prosthesis repaired. The prison gave him a new
prosthetic leg.

In Mississippi, an individual with a disability
complained that the city hall in a small city was
inaccessible. The city agreed to remove all

                        51
barriers identified during a site visit, including
re-grading the accessible parking area, replacing
a noncompliant ramp, widening several office
doorways, adding room identification and
directional signage, and creating an accessible
restroom.


      OTHER ENFORCEMENT NEWS
Alabama City Will Permit Group Home for
Adults with Intellectual Disabilities
On September 16, 2010, the federal court in
Mobile, Alabama, approved a consent decree
between the City of Satsuma, a Mobile suburb,
and the Department resolving a lawsuit alleging
that the city and its Board of Adjustment
violated the Fair Housing Act (FHA) by refusing
to permit a for-profit organization to operate a
group home for three women with intellectual
disabilities. The residents, who previously
resided at a large state-managed institution, were

                        52
to share living space and common facilities and
receive professional supportive services in the
home. Under the terms of the consent decree,
the city will amend its zoning ordinance and
business license law to permit both non-profit
and for-profit group homes for people with
disabilities and will pay $59,000 in
compensatory damages to the operator of the
home and the trustees of the three residents, as
well as a $5,500 civil penalty to the government.


Developer Sued for Disability Discrimination
On September 24, 2010, the Department filed a
lawsuit in the federal court in Atlanta, Georgia,
against Post Properties, Inc., Post Apartment
Homes, L.P., and Post GP Holdings, Inc., for
failing to provide accessible features required by
the FHA and the ADA at numerous multi-family
housing developments in six states. Post has
designed, constructed, and developed at least 50


                       53
multi-family apartment complexes in Georgia,
Texas, Florida, New York, North Carolina,
Virginia, and the District of Columbia since
March 13, 1991, when the FHA first required
new multi-family housing to contain accessible
features. Nineteen of these properties are in the
Atlanta region. All together, the properties
contain more than 17,000 units, at least half of
which are in elevator-equipped buildings. Post
operates many of these properties as rentals. The
lawsuit alleges that Post designed and
constructed many of the complexes without
accessible routes leading into and through the
apartment buildings. In addition, some of the
complexes lack adequate maneuvering space in
kitchens and bathrooms, and have thermostats
that are too high and doors and hallways that are
too narrow to be used by people with mobility
disabilities. The lawsuit seeks a court order
requiring the defendants to modify the
complexes to bring them into compliance with

                       54
federal laws, pay monetary damages to people
harmed by the inaccessible features and a civil
penalty to the government, and comply with
federal accessibility requirements in future
developments.


South Carolina County Will Make Its
Courthouse Accessible
On July 22, 2010, Oconee County, South
Carolina, entered into a settlement agreement
with the Department resolving a compliance
review of the county‘s courthouse which, when
built in 2003, did not meet ADA requirements.
The agreement requires the county to create
accessible parking, create accessible routes into
and within the facility including the emergency
exit, add wheelchair seating spaces in
courtrooms and jury boxes, and make all toilet
rooms and common-use break rooms accessible.



                       55
           FORMAL SETTLEMENT
Manicure Salon Agrees to Adopt
Nondiscrimination Policy
On September 30, 2010, Lee Nails, a manicure
salon in Lake Wales, Florida, entered into a
settlement agreement with the Department
resolving a complaint that the salon had refused
to serve a high school student because she has
cerebral palsy that affects one of her hands. The
complainant went to Lee Nails with a group of
classmates to have their nails done for their high
school prom and was upset by the salon‘s
unwillingness to serve her. The agreement
requires Lee Nails to adopt an ADA
nondiscrimination policy, train all new and
current employees on the policy, and pay the
complainant $2,000 in compensatory damages.




                        56
            CONSENT DECREES
Hilton Worldwide Agrees to Precedent-
Setting Settlement of ADA Issues
On November 9, 2010, the Department
simultaneously filed a lawsuit and a consent
decree in the federal court in Washington, DC,
resolving multiple complaints of discrimination
by Hilton Worldwide, Inc. (HWI). The decree
covers all ten hotel brands owned by HWI:
Hilton Hotels, Conrad Hotels & Resorts,
Waldorf Astoria Hotels & Resorts, Hilton Grand
Vacations, Hilton Garden Inn, Hampton Inn,
Homewood Suites, Embassy Suites Hotels,
Home2Suites, and Doubletree Hotels. The
consent decree is precedent-setting in three
ways: this is the Department‘s first case in
which a franchisor has agreed to impose ADA
requirements on franchisees; it is also the first
case that sets out comprehensive standards for
making a hotel reservations system accessible;


                       57
and is the first case in which a hotel chain has
agreed to provide specific information on its
website about the accessible features of guest
rooms and make its online reservations system
accessible.


Two Largest Movie Theater Companies
Agree to Improve Accessibility and Enhance
Viewing Experience in Stadium-Style
Theaters
Regal Entertainment Group, America‘s largest
movie theater company with more than 6,700
screens nationwide, and AMC Entertainment,
Inc., the second largest company with more than
5,300 screens, recently entered into consent
decrees with the Department resolving claims
that they violated the ADA by failing to provide
patrons who use wheelchairs with comparable
lines of sight relative to other movie patrons.
These consent decrees will improve the movie-


                        58
going experience for people who use
wheelchairs at stadium-style theaters across the
country.


Florida County Pays $400,000 to Resolve
FHA Lawsuit
On October 25, 2010, Polk County, Florida,
entered into a consent decree with the
Department resolving a lawsuit filed on
September 30, 2010, alleging that the county
violated the Fair Housing Act (FHA) when it
denied New Life Outreach Ministries the right to
operate a faith-based transitional residency
program in Lakeland, Florida, for homeless men
with disabilities, including those in recovery
from drug and alcohol abuse. The county had
originally approved the project, but subsequently
reversed itself after community opposition arose
because of the disabilities of the residents.
Under the terms of the consent decree, the


                       59
county will pay $280,000 in compensatory
damages to New Life, up to $80,000 in
compensatory damages to individuals who were
forced to relocate from New Life‘s facility as a
result of the county‘s conduct, and a civil
penalty of $40,000 to the United States. The
consent decree also prohibits the county from
further discrimination and requires county
employees who have responsibilities related to
zoning and land-use to receive fair-housing
training. 



 Employment Rights and the Americans
  with Disabilities Amendments Act of
                   2008

www.eeoc.gov/laws/statutes/adaaa_info.cf
                  m




                       60
On September 25, 2008, President George W.
Bush signed the Americans with Disabilities Act
Amendments Act of 2008 (―ADAAA‖ or "ADA
Amendments Act"). The ADAAA 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.


Learn More about the ADAAA


                        61
Text of the ADAAA
www.eeoc.gov/laws/statutes/adaaa.cfm
EEOC's Notice Concerning the Americans
with Disabilities Act (ADA) Amendments Act
of 2008
www.eeoc.gov/laws/statutes/adaaa_notice.cfm
Final Regulations Implementing the ADAAA
(PDF)
ofr.gov/OFRUpload/OFRData/2011-
06056_PI.pdf
Questions and Answers on the Final Rule
Implementing the ADA Amendments Act of
2008
www.eeoc.gov/laws/regulations/ada_qa_final_ru
le.cfm
Questions and Answers for Small Businesses:
The Final Rule Implementing the ADA
Amendments Act of 2008
www.eeoc.gov/laws/regulations/adaaa_qa_small
_business.cfm


                     62
Fact Sheet on the EEOC‟s Final Regulations
Implementing the ADAAA
www.eeoc.gov/laws/regulations/adaaa_fact_she
et.cfm
Press Release (March 24, 2011)
www.eeoc.gov/eeoc/newsroom/release/3-24-
11.cfm 



            Employment Update

Commission Meets to Discuss Employment
of People with Mental Disabilities
eeoc.gov/eeoc/newsroom/release/3-10-11.cfm
The U.S. Equal Employment Opportunity
Commission (EEOC) held a public meeting on
employment of people with mental disabilities
on Tuesday, March 15. The Commission heard
from invited panelists on the employment rates
of people with intellectual disabilities and the


                       63
challenges they face in the workplace, as well as
why it makes good business sense to employ
people with disabilities.


Myths and Stereotypes about Mental
Disabilities Greatest Barrier to Employment
eeoc.gov/eeoc/newsroom/release/3-15-11c.cfm
The greatest barriers to employment for people
with intellectual and psychiatric disabilities are
employers‘ myths and fears about their
condition, not the disabilities themselves, the
EEOC learned at a hearing held on March 15.
Written Testimony by Ruby Moore, Executive
Director of the Georgia Advocacy Office
www.eeoc.gov/eeoc/meetings/3-15-
11/index.cfm.




                        64
Senator Harkin Convened Hearing on
Employment Opportunities for People with
Disabilities
www.iowapolitics.com/index.iml?Article=2287
56
Om March 2, Senator Tom Harkin of Iowa,
Chairman of the Health, Education, Labor and
Pensions (HELP) Committee, convened the first
in a series of hearings to examine how to
improve employment opportunities for people
with intellectual disabilities. Testimony and
archived videos are posted at
help.senate.gov/hearings. 



 REI Tour TaxAccess Project Makes Tax
Filing Easier for Persons with Disabilities
          Tools to Help Make Your
           VITA Site Accessible
           sedbtac.org/taxaccess



                     65
TaxAccess is a pilot project designed to develop
a community for Volunteer Income Tax
Assistance (VITA) programs in six cities in the
Southeastern United States. TaxAccess is a safe
zone to ask questions about accessibility and
accommodation and to find helpful resources
specific to tax coalitions. The TaxAccess
Community focuses on disability issues,
including access to facilities, programs, and
customer service. The six cities in the Southeast
participating in the TaxAccess project are:
 Atlanta, Georgia
 Chapel Hill, North Carolina
 Jackson, Mississippi
 Memphis, Tennessee
 Mobile, Alabama
 North Charleston, South Carolina
 Tampa, Florida.
Check the website often for What's New
updates and resources during the 2011 tax
season at sedbtac.org/taxaccess.

                       66
               What's New!
Publications
Communicating with People with Disabilities
www.bcm.edu/ilru/dlrp/html/publications/Title
3/fact3.pdf (PDF)
Providing Effective Communication
adaptiveenvironments.org/neada/pubdocs/pub_
352_t3fact2.pdf (PDF)
Tax Incentives for Business to improve
accessibility
www.ada.gov/taxincent.pdf (PDF)
Business Toolkit - Web Accessibility
www.adagreatlakes.org/BusinessToolKit/?secti
on=2&id=5
IRS Accessible Tax Publications
(in Braille and Text Formats)
www.irs.gov/formspubs/article/0,,id=131761,0
0.html



                     67
Frequently Asked Questions (FAQ)
Effective Communication
Providing an Interpreter – When is one
required? What are options for funding?
sedbtac.org/taxaccess/faqs.php#1ec
Braille Request - Where and how do I provide
Braille? Will there be a cost?
sedbtac.org/taxaccess/faqs.php#2ec


Facility Access
 Checklist and other materials to help make my
 tax site accessible to persons with disabilities
 sedbtac.org/taxaccess/faqs.php#2fa


Website & Materials Accessibility
Websites — How do I know if my website is
accessible?
sedbtac.org/taxaccess/faqs.php#1web




                        68
e-flyers — How do I make electronic
documents accessible for screen readers?
sedbtac.org/taxaccess/faqs.php#2web


           Have More Questions?
If you did not find an answer under our FAQs ~
Call us or submit your question online.
1-800-949-4232 (voice/TTY)
 Online Form to Request Information
 sedbtac.org/taxaccess/ta/index.php
 Alternate formats are available upon request.

Copyright Permission — Duplication and
sharing this information is encouraged.
Credit: REI Tour TaxAccess
Web: sedbtac.org/taxaccess


Project Partners
Southeast ADA Center (DBTAC)
sedbtac.org

                      69
 Burton Blatt Institute at Syracuse University
 bbi.syr.edu
 Real Economic Impact Tour
 realeconomicimpact.org
Internal Revenue Service
irs.gov 


 New Publications & Online Resources
   This issue of the ADA Pipeline includes
additional resources to help you understand and
       apply the new ADA Regulations.

   Check out the Publications section of the
  Southeast ADA Center (DBTAC) website at
 sedbtac.org/publications/index.php for lists of
 available ADA materials. Direct links to many
  documents provide access to important and
             accurate information.




                       70
Resources from the ADA National Network


2011 Webinar Series for Business
sedbtac.org/webinars/index.php
A four-part webinar series for 2011 (February,
April, June, and September) focused on sharing
practical methods, experience, and success for
promoting the inclusion of people with
disabilities in the workplace.


ADA Case Law - NEW Legal Briefs from the
Southeast ADA Center and BBI - Syracuse
University
sedbtac.org/legalissues.php
 Frame v. City of Arlington
 Lowe v. Hamilton County Department of
 Job and Family Services

Search ADA Case Law by Topic, Court, and/or
Audience and find additional Legal Resources.

                      71
 **Complete the Survey on Legal Briefs
 from the BBI Legal Team and Southeast
 ADA Center to help improve the quality
 and usefulness of our published legal briefs
 at websurvey.syr.edu/legalbriefs.aspx.



Public Service Announcement (PSA) Series
from the ADA National Network by DBTAC
www.youtube.com/user/DBTACSoutheastADA
This PSA Series from the ADA National
Network by DBTAC - the leaders in providing
information, guidance and training on the
Americans with Disabilities Act (ADA) - was
created to celebrate the 20th ADA Anniversary
on July 26, 2010.


Disability Law Handbook
www.dlrp.org/html/publications/dlh/index.html


                      72
The DBTAC: Southwest ADA Center (Region
6) produced this 64-page guide on the basics of
the ADA and other disability-related laws.
Regular print copies are now available, in
addition to electronic format (HTML and PDF
files). Download free copies at:
www.southwestada.org/html/publications/dlh/in
dex.html. Print copies can be purchased for
$5.00 (includes shipping) at:
www.southwestada.org/html/publications/dlh/pu
rchaseform.html.


adaresources.org and adacourse.org
Your One-Stop Resources for Training and
Materials on the Americans with Disabilities Act
(ADA) from the ADA National Network.


ASL Video Podcast Series: Disability Law
Lowdown
dll-asl.ada-podcast.org

                          73
Bi-weekly videos on disability law delivered
with American Sign Language (ASL),
captioning, voice-over, and transcripts.
Subscribe via web or iTunes.


Succeeding in College and Work: Students
with Disabilities Tell Their Stories
adaptiveenvironments.org/neada/site/student_vid
eos
College students with disabilities share strategies
they use to stay in school, graduate and land
jobs. Use these closed-captioned videos as a
training tool (each video is 7 to 9 minutes), and
share them with other students and
professionals. Watch the videos online at the
New England ADA Center website or request a
DVD via e-mail at adainfo@newenglandada.org.


Employment Resources



                        74
Disability Employment Resource Page
www.shrm.org/hrdisciplines/Diversity/Articles/
Pages/disability_072110.aspx
The Society for Human Resource Management
(SHRM), a new Alliance Partner with ODEP,
has launched a web page to offer employers a
wealth of resources, articles and links to help
recruit, retain and develop people with
disabilities in the workforce.


Return-to-Work Toolkit
www.dol.gov/odep/return-to-work
The Office of Disability Employment Policy
(ODEP) created its online Return-to-Work
Toolkit to help employers and employees
understand the return-to-work process and
provide resources for employees.


Accommodating Employees in Retail Settings
askjan.org/media/JANRET.doc

                       75
Fact sheet on accommodation situations and
solutions for retail industry related jobs.


Office of Disability Employment Policy
(ODEP) Publications
Work Opportunity Tax Credit: An Under-
Utilized Employer Tax Incentive to Hire
Individuals with Disabilities
www.dol.gov/odep/documents/WOTC-
InfoBrief.pdf
The Earned Income Tax Credit: Capitalizing
on Tax Incentives
www.dol.gov/odep/documents/IncomeTaxCredit
Info.pdf
Effective Integration of Technology and
Instructor-Led Training to Promote Soft
Skills Mastery
www.dol.gov/odep/documents/20100804Techno
logyInfo.pdf



                      76
Teaching Soft Skills Through Workplace
Simulations in Classroom Settings
www.dol.gov/odep/documents/20100804Teachi
ngInfo.pdf


„What Can You Do?‟ Campaign Launches
Spanish Version
www.ustedquepuedehacer.org
The Campaign for Disability Employment
launches a Spanish micro website (¿Usted que
puede hacer?) and the "Yo Puedo" Public
Service Announcement (PSA). Visit
www.ustedquepuedehacer.org for disability
employment related resources in Spanish and to
watch the "I Can" PSA - "Yo Puedo" - in
Spanish. Download broadcast quality PSAs at
www.plowsharegroup.com/media_downloads/cd
e.php.The video (TV) and radio PSAs are
available now in English and Spanish.



                     77
Campaign for Disability Employment‟s “I
Can” PSA
www.whatcanyoudocampaign.org/blog/index.ph
p/toolkit
The Campaign for Disability Employment
(CDE) ―I Can‖ public service announcement
(PSA) will remind everyone that people with
disabilities want to work and that their talents
and abilities benefit America‘s businesses and
economy.


Resources for Veterans


National Resource Directory State Widget
www.nationalresourcedirectory.gov
The U.S. Departments of Defense, Labor and
Veterans Affairs released a new state widget on
the National Resource Directory (NRD) for
wounded warriors, transitioning Service
Members, Veterans and those who support them,

                       78
with quick access to thousands of resources to
help in their recovery, rehabilitation and
reintegration.


Resources for Veterans with Hearing Loss
pepnet.org/newsletter/2010_fall/default.asp
This issue of the Hearing Loss Association of
America (www.hearingloss.org) newsletter
focuses on resources for military veterans with
hearing loss.


Veterans Hiring Toolkit: Steps to Success
www.americasheroesatwork.gov/forEmployers/
HiringToolkit
This online resource outlines six simple steps
and free tools to assist in hiring veterans and
ensuring a veteran-friendly work environment. It
includes an introduction to military culture,
experience and vocabulary.


                       79
Employment-Related Training Tools


USBLN Employment Toolkits
www.usbln.org/programs.html
The US Business Leadership Network (USBLN)
has released three new toolkits aimed at creating
quality connections between USBLN affiliates,
employers, and students with disabilities eager
to gain the skills needed to enter the competitive
workplace.
 Guide to Business-Branded Mentoring
 Guide to Business-Branded Internships
 Guide to Creating Student Advisory Councils


Accommodating People with Cognitive
Disabilities in the Workplace
www.adagreatlakes.org/Presentations/Cognitive
Disabilities/slides.asp
Presented by the DBTAC Great Lakes ADA
Center and the University of Illinois at Chicago,

                       80
this free, online workshop offers an enhanced
understanding of people with cognitive
disabilities and provides tools for meeting needs
for workplace accommodations.


Real People, Real Jobs
www.realworkstories.org
In narrative and video formats, this website
highlights the employment successes of people
with intellectual and developmental disabilities.


The Campaign for Disability Employment
www.whatcanyoudocampaign.org
A collaborative effort to promote positive
employment outcomes for people with
disabilities by encouraging employers and others
to recognize the value and talent they bring to
the workplace.




                       81
The What Can YOU Do? Poster Series
www.whatcanyoudocampaign.org/blog/index.ph
p/what-can-you-do-posters
Presented by The Campaign for Disability
Employment, the What Can YOU Do? Poster
Series uses positive messages about disability
and employment to connect with employers and
employees, youth, youth influencers, people
with disabilities and the general public.


Workforce3 One Disability and Employment
Resource
https://disability.workforce3one.org
This resource page makes employment-related
information and promising practices available to
the One-Stop Career Center system to serve
customers with disabilities. The website includes
information for businesses on tax incentives and
recruiting and accommodating employees with
disabilities.

                       82
Diversifying Your Workforce: A Four-Step
Reference Guide to Recruiting, Hiring, &
Retaining Employees with Disabilities
The printed version of this popular guide is back
in stock. This FREE resource includes an
accessible format mini-CD. Also, because the
Guide is mirrored on the ODEP website, the
information is always up-to-date. Order a printed
copy at www.pueblo.gsa.gov/rc/odep.htm.
Online versions are also available.
www.pueblo.gsa.gov/cic_text/smbuss/diversify/
workforce.html (HTML)
www.dol.gov/odep/documents/Flip%20Guide_F
inal_3%2030_508%20compliant2.pdf
(PDF 11 pages)


Ticket to Work Fact Sheets
https://disability.workforce3one.org/view/20011
04537590438700/info

                       83
The Social Security Administration (SSA)
produced three fact sheets targeted to the public
workforce system. The fact sheets focus on:
providing an overview of the Ticket to Work
program, including the benefits of becoming an
Employment Network (EN) and an EN payment
chart; delineating Ticket to Work resources; and
describing SSA‘s new electronic process to
expedite payments to the One-Stops and/or
Workforce Investment Boards that become ENs.


Job Search Tools and Resources


My Next Move Career Tools for Students
www.mynextmove.org
This easy-to-use, web-based resource helps
students, young adults and first-time workers
learn about careers through exploration of the
Occupational Information Network (O*NET)
system and related career information and links.

                       84
The tool is written at a reading level that makes
it accessible to everyone, including users
unfamiliar with computers and Internet sites. It
allows users to explore careers and provides a
one-page report for each selected occupation
that includes information on what someone
would do in that job, the most important
knowledge, skills, abilities, personality traits,
and technology used on the job, plus links to
education and training programs, salary
information, and job openings. An archived
webinar is available at:
https://www.workforce3one.org/view/30011054
53753400182. The new tool complements
DOL‘s mySkills myFuture tool
(mySkillsmyFuture.org), which is designed to
help those with previous work experience.


Worker ReEmployment Portal
www.careeronestop.org/ReEmployment


                       85
The Department of Labor has upgraded its
CareerOneStop Worker ReEmployment Portal
to provide access to assistance beyond career
and job searches. The ReEmployment Portal is
designed to assist impacted workers following
job loss, and to connect laid off workers to
needed resources for training, reemployment,
career planning, financial and emotional help
during the process of job transition.


Technical Assistance and Facility Access


Updated Integrated Versions of Revised Title
II and Title III Regulations
sedbtac.org/articles.php?idpg=8&id=6075
The U.S. Justice Department has published
updated integrated versions of the revised Title
II and Title III Regulations for the ADA.




                       86
2010 ADA Standards for Accessible Design
www.ada.gov/2010ADAstandards_index.htm
This is the Department of Justice (DOJ) official
online version of the 2010 ADA Standards for
Accessible Design (2010 Standards) to bring
together the information in one easy-to-access
location. It provides the scoping and technical
requirements for new construction and
alterations resulting from the adoption of revised
2010 Standards in the final rules for Title II and
Title III of the ADA.


2010 ADA Standards in PDF (Print Version)
www.ada.gov/regs2010/2010ADAStandards/20
10ADAStandards_prt.pdf
(PDF 4.7 MB) Please note: This is a very large
document.




                       87
2010 ADA Standards in PDF (Screen
Version)
(PDF 3.8 MB) Please note: This is a very large
document.
www.ada.gov/regs2010/2010ADAStandards/20
10ADAStandards.pdf


2010 ADA Standards in HTML
www.ada.gov/regs2010/2010ADAStandards/20
10ADAstandards.htm


Access Board Information on 2010 ADA
Standards
www.access-board.gov/ada-aba/ada-standards-
doj.cfm
The Access Board develops regulations for and
guidance on using the 2010 ADA Standards for
Accessible Design.



                      88
Adoption of the Revised ADA Standards for
Accessible Design – What it Means to
Recreation Facilities
ncpad.org/research/fact_sheet.php?sheet=833
The National Center on Physical Activity and
Disability (NCPAD) has issued a fact sheet
regarding the new ADA Standards for
Accessible Design and its effect on guidelines
for recreation facilities.


Disability Vote Project
www.aapd.com/site/c.pvI1IkNWJqE/b.5606967/
k.63BD/Disability_Vote_Project.htm
The American Association of People with
Disabilities (AAPD) sponsors the Disability
Vote Project (DVP), which helps people with
disabilities register to vote; educates them on
how to get to their polling places and what their
rights are at the polling places; and makes
polling places accessible.

                       89
Webcasts and Transcripts of Public Hearings
on Advance Notices of Proposed Rulemakings
www.ada.gov/anprm2010/anprm2010.htm
The Department of Justice held three public
hearings on four Advance Notices of Proposed
Rulemaking (ANPRMs), which asked for public
comment on the possibility of revising the ADA
regulations to address accessible web
information and services, movie captioning and
video description, accessibility of Next
Generation 9-1-1, and accessible equipment and
furniture. Webcasts of all three public hearings
(Washington, DC, San Francisco and Chicago)
are available online in three formats: (1) Re-
broadcast of the public hearing with open
captions; (2) Re-broadcast of the public hearing
with open captions and audio description; (3)
Transcripts of the hearings.



                       90
FCC Regulations for the Provision of
Telecommunications Relay Services (TRS)
Pursuant to Title IV of the Americans with
Disabilities Act (ADA)
www.fcc.gov/cgb/dro/4regs.html


FCC Reaffirms Rules and Policies of Video
Relay Service – New Video in ASL
www.fcc.gov/cgb/dro/vrs_policies.html
In the Matter of Structure and Practices of the
Video Relay Service Program. The FCC
Reaffirms Rules and Policies of Video Relay
Service. CG Docket No. 10-51 (February 25,
2010)


Links to State ADA Coordinators and State
Building Codes for U.S. Southeast Region
sedbtac.org/leadership.php?idpg=15
The Southeast ADA Center enhanced the State
Resource Network section on its website by

                        91
adding contact information for each State ADA
Coordinator and links to State Building Codes.


E-mail and Online Newsletters


Biz2Biz Report (Monthly)
www.usbln.org
The United States Business Leadership Network
(USBLN®), an ODEP Alliance partner since
2008, recently launched its national monthly
newsletter, Biz2Biz Report, available on the web
site and by e-mail subscription.


Disability Law & Policy e-Newsletter
(Biweekly)
disability.law.uiowa.edu/lhpdc/publications/new
s.html
The biweekly newsletter from the Law, Health
Policy & Disability Center is a free publication


                       92
that summarizes the most current information
available about disability law and policy,
including events, press releases, court decisions,
reports, and academic and news articles.
Subscription required.


ADA Pipeline (Biannually)
sedbtac.org/pipeline.php
All current and back issues (since 2007) of ADA
Pipeline, the Southeast ADA Center newsletter,
are posted on our web site in several accessible
file formats (PDF, Word, Large Print Word, and
Text). Due to increased costs, the newsletter is
no longer available in regular print, except upon
request.


Business Sense Newsletter (Monthly)
www.dol.gov/odep/bsense/bsense.htm
Produced by the U.S. Department of Labor,
Office of Disability Employment Policy (ODEP)

                        93
Job Accommodation Network (JAN) E-News
(Quarterly)
www.jan.wvu.edu/ENews/index.htm


National Council on Disability (NCD)
Bulletin (Monthly)
www.ncd.gov/newsroom/bulletins/index.htm


Access Currents from U.S. Access Board
(Bimonthly)
www.access-
board.gov/news/Access%20Currents/General.cf
m


Disability Rights Online News (Bimonthly)
www.ada.gov/disabilitynews.htm



                     94
Published by the U.S. Department of Justice
(DOJ)


Media Resources (Videos, Podcasts)


Invisible Voices DVD
www.invisiblevoices.org
This award-winning DVD from Meeting the
Challenge, Inc. captures a compelling stage
show, providing a window into the complex
worlds of six individuals who have adapted to
and thrived with their disabilities. A perfect
training tool for any organization, the Invisible
Voices DVD comes with a supplementary DVD:
―Reflections on a Promise,‖ which follows the
long road to and beyond the signing of the ADA.
(96 minutes; open captions)




                       95
Why Accessible Web Sites Are Important
(Video)
www.doit.wisc.edu/accessibility/video/web_appl
ications.asp
This captioned video describes the importance
of building well-designed web applications to
make websites accessible to everyone,
anywhere, especially now that so many people
use mobile devices to access the Internet. Video
transcript : Why Accessible Web Sites?


Research and Statistics on Employment
Issues


Workplace Accommodations: Low Cost,
High Impact
www.askjan.org/media/LowCostHighImpact.do
c
This Fact Sheet provides annually updated
research findings and addresses the costs and

                      96
benefits of job accommodations. (Updated:
September 2010)


Disability Employment Statistics
www.bls.gov/cps/cpsdisability.htm
A monthly report on the employment status of
people with disabilities from the U.S.
Department of Labor, Bureau of Labor
Statistics.


Bureau of Labor Statistics Releases First-
Time Data on Employment of Persons with a
Disability
www.bls.gov/news.release/disabl.nr0.htm
Persons with a Disability: Labor Force
Characteristics 2009 is the first news release
focusing on the employment status of persons
with a disability. The information in this release
is from the Current Population Survey (CPS), a
monthly sample survey of about 60,000

                        97
households that provides statistics on
employment and unemployment in the United
States.


Highlights of a Forum: Actions that Could
Increase Work Participation for Adults with
Disabilities
The U.S. Government Accountability Office
(GAO) issued this 2010 report to explore policy
options and actions that could help adults with a
current or past work history improve their
participation in the workforce.
Highlights Page
www.gao.gov/highlights/d10812sphigh.pdf
(PDF 1 page, 53 KB)
Full Report
www.gao.gov/new.items/d10812sp.pdf (PDF 58
pages, 2.8 MB)
Accessible Text
www.gao.gov/htext/d10812sp.html


                       98
Highlights of a Forum: Participant-Identified
Leading Practices that Could Increase the
Employment of Individuals with Disabilities
in the Federal Workforce. (GAO-11-81SP,
October 5, 2010)
www.gao.gov/products/GAO-11-81SP
Highlights -
www.gao.gov/highlights/d1181sphigh.pdf


Kessler Foundation/NOD Survey of
Employment of Americans with Disabilities
www.2010disabilitysurveys.org/octsurvey/pdfs/s
urveyresults.pdf
A survey (2010) sponsored by the Kessler
Foundation and the National Organization on
Disability (NOD) finds that most Americans
with disabilities are still struggling with many of
the same lifestyle and economic issues they
confronted in 1990 when the ADA became

                        99
federal law. Companion links are provided to a
Webinar, Press Release, Survey Results,
Presentation and Survey Summary.
More Information on NOD Survey of
Employment
sedbtac.org/articles.php?idpg=8&id=6039


Disability and Occupational Projections
www.bls.gov/opub/mlr/2010/10/art3exc.htm
Published in the October 2010 Monthly Labor
Review from the U.S. Bureau of Labor Statistics,
this article asserts that, while people with
disabilities currently tend to be
―underrepresented in growing occupations and
overrepresented in declining occupations‖, there
are several factors which could lead to
significant growth in future job opportunities.




                      100
Other Reports and Statistics


Annual Disability Statistics Compendium
2010
www.disabilitycompendium.org
The Compendium brings together disability
statistics published by various federal agencies,
including state-level statistics and time-trend
data. This survey offers statistics to support
research related to policy improvements,
program administration, service delivery and
protection of civil rights. Produced by the
Rehabilitation Research and Training Center on
Disability Statistics and Demographics (Stats
RRTC).


Webinars and Online Courses




                       101
2010-2011 Accessible Technology Webinar
Series
www.ada-audio.org
Time: 2:00-3:30pm (Eastern time); 1:00 -
2:30pm (Central time) (90 minutes)
The series is free, but participants must pre-
register at www.ada-audio.org.


ADA – Workplace Accommodations Seminar
www.worksupport.com/training/webcourses/pas
_course.cfm
The Rehabilitation Research and Training
Center (RRTC) of Virginia Commonwealth
University has created a free, self-paced, on-line
seminar on workplace personal assistance
services (WPAS). Many aspects of WPAS are
examined including assistive technology, self-
employment, funding and employers'
perspectives.



                       102
2011 Webinar Series for Business
sedbtac.org/webinars/index.php
A four-part webinar series for 2011 (February,
April, June, and September) focused on sharing
practical methods, experience, and success for
promoting the inclusion of people with
disabilities in the workplace.


2010 Webinar Series for Business Archive
sedbtac.org/webinars/archives.php
Now stored in our online archive, a four-part
webinar series from 2010 focused on leading
practices that advance disability inclusion within
businesses.


Accommodating People with Cognitive
Disabilities in the Workplace
www.adagreatlakes.org/Presentations/Cognitive
Disabilities/slides.asp


                       103
Presented by the DBTAC Great Lakes ADA
Center and the University of Illinois at Chicago,
this free, online workshop provides an enhanced
understanding of people with cognitive
disabilities and includes tools to apply when
addressing workplace accommodations for
people with cognitive disabilities. 


       The Community Participation
            Research Project:
        Using Participatory Action
            Research to Study
       Accessibility and Community
              Participation
By Katherine McDonald, Principal Investigator
    Burton Blatt Institute (BBI), Syracuse
   University and Portland State University

The Southeast ADA Center is using
Participatory Action Research (PAR) to study
how implementation of the ADA and the


                       104
presence (or lack) of barriers to accessibility
impacts participation for persons with
disabilities. PAR is a way of doing research that
shares values with the disability rights motto of
―nothing about us without us.‖

In PAR, people with disabilities join university
researchers to conduct research that matters to
people with disabilities. For the Community
Participation Research Project, the Southeast
ADA Center, the Southeast ADA Center
Affiliate Leadership Council, cross-disability
state research teams and researchers from
Portland State University, Syracuse University,
Georgia Institute of Technology are working
together.


Where are we doing this research?

We are conducting this research in seven (7) of
the states served by the Southeast DBTAC. In

                       105
each state we collect data from two types of
communities – those with and without Project
Civic Access agreements from the US
Department of Justice -- in order to diversify
communities.


What are the goals of the research
partnership?

(1) To understand firsthand experiences with
accessibility through on-site visits (site reviews)
conducted by persons with diverse disabilities.

For this part of the research, we selected five (5)
Title II entities in each community (City Hall,
Civic Center, Park, Public Library, and Police
Station). Then a cross-disability team of
researchers gather information about the facility
(opening hours, services provided to individuals
with disabilities), attempt to complete a task at
the facility (find the City Council‘s meeting

                        106
schedule and learn how to raise an issue on their
agenda) and evaluate the facility for accessibility
using an adapted version of the ADA Checklist
for Existing Facilities.

(2) To examine community participation among
adults with disabilities, including barriers to and
facilitators of community participation

We want to understand community participation
patterns of adults with disabilities, what
community activities are valued and desired in
greater quantity, and individual and
environmental factors that help or hinder
community participation for adults with
disabilities. We also want to learn whether there
are differences in community participation based
on individual characteristics.




                        107
(3) To examine the local political and
administrative climate in which ADA
implementation occurs.

Lastly, we are conducting interviews with
policymakers and ADA Coordinators in each
community to learn more about how they
address ADA implementation in their
community.

At the completion of this research, in addition to
answering the questions above, we will also be
able to examine whether there are differences in
experiences with documented accessibility based
on how communities organize around
implementing the ADA or whether there are
differences in community participation based on
experiences with documented accessibility or
how communities organize around
implementing the ADA. Through all of these
projects, we also want to learn more about

                       108
successful partnerships between people with
disabilities and university researchers to conduct
meaningful research.


Where are we with the research?

Thanks in no small part to leadership from the
Southeast ADA Center State Affiliates and their
cross-disability research teams, we have
completed the site reviews in all participating
communities. We are almost finished with the
policymaker and administrative interviews. We
are busy analyzing all of the data the teams
collected. We have recently started to collect
data on community participation from adults
with disabilities – if you are interested in
learning how you can help with this part of the
research, please see the information at the end of
this story.



                       109
What are we finding so far?

Data collection and analysis are ongoing. Stay
tuned for more complete findings in the months
to come. In the meantime, we can tell you that
results from our first few site visits are mixed.
In some instances, we are finding excellent
examples of program and physical accessibility,
while in other locations we see continued
barriers to full accessibility.


What does this research mean for people
with disabilities?

Decades after the implementation of civil rights
legislation for people with disabilities, the quest
continues for full realization of the goals of the
ADA. The Southeast ADA Center is pursuing
this research because it allows us to examine
critical supports and barriers to community


                        110
participation for people with disabilities. Our
findings will shed light on how the potential
impact of the ADA is experienced every day in
the lives of citizens with disabilities. For
example, this research may help us better
understand practices and characteristics that
promote accessibility and participation in each
community. The study also may help us identify
persistent barriers to access and participation. As
such, these findings may provide new insight
into how we can best achieve the goals of the
ADA, as they yield knowledge about community
participation relevant to policymakers, service
providers, advocacy organizations, and
researchers.


How You Can Help with This Research

There are two ways you can help us with this
research.


                       111
(1) Take our Community Participation Survey.

You may qualify for this survey if you:
 Are between the ages of 18-64
 Have a disability, and
 Live in one of these communities:
  Alabama: Birmingham & Montgomery
  Kentucky: Daviess & Hardin (counties)
  Mississippi: Biloxi & Tupelo
  North Carolina: Durham & Greensboro
  South Carolina: Florence & Aiken (counties)
  Tennessee: Memphis & Knoxville.

If you or people you know meet these criteria,
please contact us about taking the Community
Participation Survey.

   Web: sedbtac.org/community_participation/
   E-mail:
    BBIcommunityparticipation@law.syr.edu



                      112
   Call (800) 949-4232 (voice/TTY) and ask
    for Mary.

(2) Stay tuned for future updates on our research
by visiting our website to learn more – we
welcome the opportunity to share our results
with you. 


    Do You Need this Newsletter in an
          Accessible Format?

For a copy of the ADA Pipeline in regular
print, PDF, large print or plain text, check
out the Publications/Newsletter section of
our web site at sedbtac.org/pipeline.php for
links to those formats.
If you need to order a copy in Braille, please
contact us at 1-800-949-4232 (voice/TTY)
or e-mail us at sedbtacproject@law.syr.edu.

[end of ADA Pipeline newsletter]

                       113

				
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