Print Friendly VersionADVOCACY ACTION NEWS
July 2007, Issue 115
Federal/National
Wisconsin
Local
Announcements
ADA/Fair Housing
On the Web
CELEBRATE THE 17th ANNIVERSARY OF THE ADA – OUR CIVIL RIGHTS LAW!
The Americans with Disabilities Act (ADA), signed into law by President Bush on July 26, 1990, is undeniably the most comprehensive formulation of the rights of the people with disabilities in the history of the United States or of any other nation.
The passage of the ADA evolved out of a series of findings from national research including points like:
• Our 50 million Americans have one or more physical or mental disabilities, and this is increasing as the population as a whole is growing.
• Discrimination against individuals with disabilities persists in such critical areas as housing, public accommodations, education, transportation, communication, recreation, health services, voting, and access to public services.
• Unlike individuals who have experienced discrimination on the basis of race, color, sex, origin, religion, or age, individuals who have experienced discrimination on the basis of disability often had no legal recourse to redress such discrimination.
• Discrimination and prejudice denies people with disabilities the opportunity to compete on an equal basis and to pursue those opportunities our free society is justifiably famous, and costs the United States billions of dollars in unnecessary expenses resulting from dependency and nonproductiveness.
The ADA prohibits discrimination on the basis of disability in the areas of employment, public services provided by state and local governments, public services operated by private entities, transportation, and telecommunications.
The ADA is not the only federal statute to prohibit disability discrimination. Other statutes preceding the ADA include the Developmental Disabilities Bill of Rights Act of 1975, the Air Carrier Access Act of 1986, the Voting Accessibility for the Elderly and Handicapped Act of 1984, sections 501 and 503 of the Rehabilitation Act of 1973, and the Fair Housing Act Amendments of 1988.
Federal/National
COMMUNITY LIVING ASSISTANCE SERVICES AND SUPPORTS ACT (CLASS ACT)
There are approximately 10 million Americans who need long-term services and supports to maintain independence, employment, and remain in their communities. And that number is only going to rise as the population ages.
Most private-sector insurance plans are constrained in the protection they can offer at an affordable price, and neither Supplemental Security Insurance (SSI) nor Old Age, Survivors, and Disability Insurance (OASDI) programs take the extent and character of disability into consideration when providing benefits.
As a result, most Americans who have or develop significant functional limitations can only access coverage for the services they need to maintain their independence through Medicaid. Relying on Medicaid for critical supports means lots of people with disabilities have to "spend down" their assets and remain poor and unemployed to maintain their eligibility.
The Community Living Assistance Services and Supports Act (CLASS
Act) will offer an alternative to Medicaid by creating a national insurance program through a voluntary payroll deduction to help adults who have or develop functional impairments to remain independent, employed, and stay a part of their communities. Those who are working and voluntarily contributing to the program will have access to benefits, on the basis of their ability to perform daily living activities or an equivalent cognitive impairment. The benefits received may be spent however the individual feels is most appropriate toward their long-term needs, be it a housing modification, transportation modification, assistive technology, or personal assistance services.
The large risk pool created by this program will make additional coverage much more affordable than it is today, which will give individuals a chance to invest in their own futures and gain access to supports without requiring them to become impoverished to qualify. Please take the time to let your federal legislators know your opinion of this proposal.
Source: AAPD (edited)
SUPREME COURT RULES HOME HEALTH AIDES NOT ENTITLED TO OVERTIME
In June, a retired home health aide who sued her employer for unpaid overtime lost her case in the Supreme Court. A regulation is depriving an increasingly important group of health care providers of a decent living.
No one disputed that the health aide, Evelyn Coke, 73, of Queens, had worked overtime for no extra pay. Employed for 20 years by Long Island Care at Home, a private, for-profit agency, she was often on duty for more than eight hours a day, including many 24-hour stretches in the homes of elderly people she was assigned to care for.
But the Labor Department decided in 1975 to exclude home health aides from basic labor protections, like the minimum wage and time-and-a-half for overtime - and in a 9-to-0 decision, the Supreme Court refused to do anything about it. The justices rejected Ms. Coke's argument that Congress intended to include home health employees in the labor law and to exclude only certain domestic workers, like baby sitters and companions for the elderly, who are paid by the families they work for.
They ruled that Congress authorized the Labor Department to write the regulation on who was to be covered under the law and that the department properly did just that. Justice Stephen Breyer wrote that, given those circumstances, deferring to the department's rule "is what the law requires."
Source: New York Times
Wisconsin
STATE BUDGET STATUS
On June 15th, the Joint Finance Committee completed its work on the 2007-09 state budget. The vote on the entire budget was deadlocked at 8-8, with Democrats voting in favor and Republicans opposed. The budget next moves to the Democratic-controlled Senate. After passing the Senate, the budget moves to the Republican-controlled Assembly, where a very different version of the budget will likely pass. At that point, leadership from both houses will convene a conference committee to work out a compromise. Finally, after passing identical versions in both houses, the budget will go to Governor Doyle for his review and vetoes.
Some budget items are identified below. For additional information, please contact Karen Avery at 414-291-7520 (v/tty) or kavery@independencefirst.org.
• Funding for planning activities to develop managed long-term care pilot programs for kids with disabilities
• Funding to expand Family Care statewide over the next five years
• Cigarette tax increase of $1.25/pack
• Rate increases to noninstitutional MA providers by 1% in the first year and 2% in the second (includes personal care)
• Rate increase for nursing homes
• Funding for the Quality Home Care Commission
• An increase in the minimal amount of insurance that is provided for mental health & substance abuse services
• Requires health insurance carriers to provide coverage for the treatment of autism and Asperger’s Syndrome
QUOTE OF THE MONTH
"Obstacles don't have to stop you. If you run into a wall, don't turn around and give up. Figure out how to climb it, go through it, or work around it."
~ Michael Jordan
Local
NEW YOUTH PROGRAMS AT INDEPENDENCEFIRST
IndependenceFirst has long been serving young people with disabilities through employment, independent living skills trainings, advocacy, peer support, information and referral and much more. But this year, for the first time, the agency has its very own Youth Leadership Specialist, who will be working with youth with disabilities in their goals for independent living. As the new Youth Leadership Specialist, I would like to introduce myself and discuss some of our programs. My name is Alie Kriofske Mainella and I have been working with young people with disabilities for many years as an educator, support worker and advocate. I feel very lucky and excited to be part of the team here at IndependenceFirst and to work on the many projects that serve youth.
One of those projects is the Youth Leadership Summit. This is an annual weeklong event for high school students with disabilities. This year’s Youth Leadership Summit is being held June 25th through the 28th and includes sessions such as a college panel to discuss the various college and universities’ offices of disability services and what accommodations can be provided, a panel of young people with disabilities who have obtained college degrees, sessions on employment, self-advocacy, transition and much more. The Summit is designed to equip high school students with disabilities with the knowledge and tools they need to transition out of and succeed after high school. They also get to meet others from all over the county of Milwaukee to network and form bonds.
Another project serving young persons with disabilities is National Disability Mentoring Day. This is a nationwide daylong event, which promotes career development for students and young adult job seekers with disabilities through shadowing and hands on career exploration. Young people with disabilities are encouraged to apply to be part of this exciting event where they will be matched with a business that suits their interests and career goals to spend the day in a mentoring relationship. The day will end in a reception held at IndependenceFirst at which mentors, mentees and their families and teachers will be invited to celebrate people with disabilities who work in their communities.
New also to IndependenceFirst is a Youth Benefits Counseling Project. This project is for young people age 17 to 21 who are still in school and receiving Social Security Benefits. One major fear of social security recipients is that if they work, they will stop receiving their benefits. This program is designed to help young people navigate the system, access their benefits and health care options and understand how working will affect their benefits. Sheri Bohl is the contact person for the Youth Benefits program, run through the Benefits and Employment department.
An exciting upcoming project to look out for is a young women and girls with disabilities support/peer group. This program will begin at IndependenceFirst in fall or early winter and will be designed for young girls and women with disabilities to get together on a regular basis to discuss issues relating to disability, school, femininity, and other issues the group finds important. This will be a safe and fun place for young women and girls to get together, form relationships, partake in social events and just to talk.
There is so much going on with young people with disabilities and IndependenceFirst is excited to be working with this wonderful population of people. As the Youth Leadership Specialist, having the privilege to work with young people with disabilities and on behalf of IndependenceFirst, I would like to thank and acknowledge the Jane Bradley Pettit Foundation for generously supporting our Youth Leadership Programs with a $10,000 grant in 2007. Thank you for your support and the opportunity to run programs such as these.
For more information on the Youth Leadership Programs and how to get involved contact myself, Alie Kriofske Mainella, at 414-226-8112 (direct/voice) or 414-291-7520 (TTY/Relay)
ADA/FAIR HOUSING
UPDATES EXPECTED FOR AMERICANS WITH DISABILITIES ACT
In 1990, Congress set out to ensure that people with disabilities could shop, work or ride a train as easily as everyone else.
It appears, at least in some quarters, to have been a successful effort.
Proposed new rules to the Americans With Disabilities Act due this summer, should probably be focused on clarifying who counts as disabled under the law and getting businesses and government entities to comply, rather than adding new requirements.
The U.S. Department of Justice will propose new rules related to the act sometime in the next few months, spokeswoman Cynthia Magnuson said.
Proposed requirements being considered include:
• Visible workplace alarms, which would allow deaf and hard-of-hearing employees to be made aware of an emergency situation.
• Additional wheelchair-accessible seating at stadiums, theaters and other entertainment venues, spread out at varying distances from the stage or screen.
• One in every six accessible parking spaces to be van accessible, up from one of eight.
• TTY, or text telephone, equipment in all buildings with four or more public telephones.
• Wider doorways and entrances to galley kitchens, public restrooms, hotel rooms and public housing.
Marilyn Golden, of the Disability Rights Education & Defense Fund, said the act has had an enormous positive impact, allowing people with disabilities to more easily do things others take for granted, for example, going across the neighborhood to pick up dry-cleaning (made possible by a wheelchair accessible shop entrance), visit friends out of town (thanks to a bus with a lift for the chair), or order a pizza though deaf (through a text-enabled telephone).
Court Rulings Affect Scope
She fears that court rulings will erode the advancements and wants Congress to intercede.
"A lot of court decisions have limited in scope who (the act) applied to,"
Golden said. "There have been court decisions where an individual missing a limb was ruled not covered as a person with a disability according to the ADA."
She said court rulings have also excluded people with epilepsy and diabetes from among the groups protected against discrimination by the act, and thus it's legal to pass over a job applicant because she's a diabetic or epileptic patient.
Magnuson said the justice department is also concerned that there may not be adequate protection for individuals with "hidden disabilities." The proposed rules won't cover employment, she said, because the Equal Employment Opportunity Commission has primary rule-making authority for that part of the law.
Critics of the act, including the California Chamber of Commerce, oppose the new rules, saying they could bring excessive expense for some businesses, such as neighborhood grocery stores.
Golden said the original act calls for businesses to remove barriers to access to the extent that such removal is readily achievable, meaning that by law, they don't have to perform tasks they couldn't afford to.
Source: http://www.pe.com/business/local/stories/PE_Biz_D_ada27.8c1653.html
COURT DECISION: "MENTAL RETARDATION" IS NOT A DISABILITY UNDER ADA
In the case of Littleton v. Wal-Mart Stores, Inc., the Court of Appeals for the Eleventh Circuit, in an unpublished opinion from May 11, held that an individual with mental retardation did not have a disability under the Americans with Disabilities Act.
With guidance from the Alabama Independent Living Center, Mr. Littleton interviewed for a job as a cart-push associate at Wal-Mart. However he was not allowed to have his job coach accompany him into the interview, and he was ultimately not hired.
While acknowledging his intellectual disability, in the Court's analysis, Littleton, who receives Social Security benefits because of his disability, was found not to be substantially limited in major life activities.
The following are excerpts from the court decision:
"We do not doubt that Littleton has certain limitations because of his mental retardation. In order to qualify as 'disabled' under the ADA, however, Littleton has the burden of proving that he actually is, is perceived to be, or has a record of being substantially limited as to 'major life activities' under the ADA.
"It is unclear whether thinking, communicating, and social interaction are 'major life activities' under the ADA."
The entire court opinion is available as a pdf at:
http://www.ca11.uscourts.gov/unpub/ops/200512770.pdf
Source: AAPD
ON THE WEB
HELP WANTED: When Disaboom.com launches in September of 2007, it will change the world for people with disabilities and functional limitations. Designed by doctors and fellow Disaboomers, Disaboom.com is the first interactive, online community dedicated to providing comprehensive resources for people with disabilities, their caregivers, families, rehabilitation providers and employers.
If you or someone you know has a disability or functional limitation or you work with people with disabilities, we want you to join us in helping to create Disaboom.com. Sign up to become a beta tester and let us know what you want to see on Disaboom.com. Log on to: www.disaboom.com/ltmd and become a beta tester. It won’t take much time; is completely free; and you even get a free movie download!
Announcements
AMERICORPS: PEOPLE WITH DISABILITIES ARE ENCOURAGED TO APPLY!
“What I gave came back tenfold…I was finally able to give back some of the love and nurturing I got as a child” – National Service member with a disability
Each year across the United States, AmeriCorps programs engage nearly 75,000 individuals in service that meets the needs of education, the environment, public safety, homeland security, and other areas. Many individuals with disabilities have had the opportunity to actively participate in national service. This participation has had a positive impact, not only on the communities where they were serving, but also on themselves and national service as a whole. AmeriCorps State, AmeriCorps VISTA, and AmeriCorps National Programs are now accepting applications for the ’07-’08 member terms, and people with disabilities are encouraged to apply. In Wisconsin, over 18 organizations are currently recruiting for over 750 positions, with commitments that range from minimum time to full time. Visit www.servewisconsin.org or www.americorps.gov to learn how you can make a difference in your community. If you have any other questions, please contact Rebecca Manuel, Disabilities Program Officer with Serve Wisconsin at (608) 267-0772 or manuer@dhfs.state.wi.us
Source: The Waisman Center and Serve Wisconsin
Advocacy Action News is published by IndependenceFirst on or about the 1st of each month. Submissions of articles are due by the 15th of each month prior to publication. For consideration, send your articles or announcements to the Editor, Karen Avery, via e-mail to kavery@independencefirst.org.
Advocacy Action News is available by request in alternative formats such as Braille, large print, on disk or audiotape. It is also made available via our website.
You may also receive Advocacy Action News via email instead of print copy. Contact Karen at 414-291-7520 (V/TTY) or kavery@independencefirst.org.
If you do not have access to the internet, and would like assistance in obtaining any of the internet-based items described in this news bulletin, please contact Karen at 414-291-7520 (V/TTY).
IndependenceFirst
The Resource for People with Disabilities…
600 W. Virginia Street, 4th Floor
Milwaukee, WI 53204
414-291-7520 (V/TTY)
414-291-7525 (FAX)
www.independencefirst.org