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Tag: Americans with Disabilities Act

  • Remote Work Boosts Employment for People With Disabilities, Survey Shows

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    The language of DEI may be currently out of favor, but a new report from the country’s largest human resources trade association, SHRM, suggests that the American workforce is far more diverse since the Covid pandemic effectively ended in 2021. The surprising change happened almost by default, but SHRM’s data show that there’s been a huge surge in the numbers of people with disabilities participating in the workplace — partly thanks to the shift toward hybrid and remote working. 

    In fact, SHRM says the rates have hit a “historic high.” As of July this year “nearly 25 percent of people with disabilities participated in the labor force,” the organization notes, adding that the numbers represent a 30 percent surge since the beginning of the covid pandemic. The rising numbers are partly attributed to the shift to teleworking which has ”lowered traditional barriers to employment,” and SHRM also notes that research shows “workers with disabilities are more likely to work fully remote schedules compared to their counterparts without disabilities.”

    An interesting factor in the growth is that it may skew toward younger people with disabilities: labor force participation of people in this group aged 16 to 24 has grown by nearly 60 percent since February 2020, SHRM says, higher than the average growth. This may mesh smoothly with the technological skills of digital-first age cohorts.

    Of course the rising workforce participation of people with disabilities isn’t evenly spread, and the data show it’s lowest in jobs like “life, physical, social science and health care practitioners, and technical roles,” and high in work like building, maintenance and grounds cleaning. It’s possible this is linked, the report notes, to lower barriers to entry for these types of work. This may be a representation, SHRM says, of persistent societal challenges for people with disabilities, including “higher unemployment rates and lower educational attainment compared to those without disabilities.”

    Nevertheless, the positive note here is that the surge in participation numbers are a “a vital opportunity for employers to address ongoing labor shortages,” SHRM’s report suggests, and it also says the data should be a call for HR teams and companies to persist in recruiting and advancing workers with disabilities. The research shows that having inclusive hiring habits, along with flexible or remote working models can help “foster a more diverse and competitive economic environment.”

    The takeaways from this data for your company are very clear. SHRM’s report notes that workers with disabilities right now make up nearly 5 percent of the total employed workforce — that’s 1 in 20 people. If your company’s benefits and working models aren’t disability-friendly, then your recruitment process may be skipping potentially talented, valuable workers without addressing that pool of prospective job candidates.

    But there’s much more value in hiring people with disabilities, starting with presenting an image of a company that has a good reputation — a recent report says that this characteristic may be more important when hiring the right candidates than ever. 

    Meanwhile, a 2018 study of 140 American companies by consultancy giant Accenture found that companies that actively hire people with disabilities recorded 28 percent higher average revenues compared to companies without this policy, and their profit margins were 30 percent higher. Data also show that if an employee with disabilities is happy in their place of work they tend to remain with that employer for longer than people without disabilities. This can lead to cost savings over time, due to lower costs from reduced staff turnover.

    To support your workers with disabilities, it’s also important to remember that there’s more work to do. Reports show that one-third of people in this cohort experience workplace discrimination of one sort or another, including a quarter who say discrimination began with interviewers, and 12 percent who said they’ve had difficulty even accessing the interview.

    The other fact to remember is that there is much wider support for hybrid and remote working models than you may have thought. Offering this to your workers is known to be a good for business as well as a good incentive, and, as SHRM’s data show, it also has benefits for workers with disabilities.

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    Kit Eaton

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  • Battlefield alum DevAlly raises €2M to help companies with Europe’s feisty new accessibility law | TechCrunch

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    Many businesses that provide goods and services to the EU’s 450 million consumers must comply with new accessibility standards that took effect in June. Like the GDPR before it, this new act had companies scrambling to adjust their websites, e-commerce platforms, and banking apps. But despite similar standards existing in the U.S., many still have a long way to go.

    “One thing that surprised us was companies, even massive companies, coming to us two weeks before [the deadline] saying, ‘Oh we didn’t know anything about this,’” said Irish entrepreneur Cormac Chisholm.

    His startup, DevAlly, is among the first to leverage technology to make it easier for businesses to detect accessibility problems. It also helps them comply with regulations like the European Accessibility Act (EAA), which promises hefty fines for new products and services that aren’t in compliance. (Existing ones get a grace period to comply until 2030.)

    Launched in 2024, DevAlly audits for accessibility barriers such as, for instance, videos lacking captions on corporate websites. It also tracks customer-reported issues, helps companies create roadmaps for fixes and generate accessibility reports.

    While human consultants can also conduct audits, DevAlly’s CEO Chisholm, believes a such an approach can’t scale to meet demand or adapt to the realities of shipping digital products and features. DevAlly has accessibility experts, too, but it leverages AI and accessibility LLMs to automate testing and issue tracking. This, Chisholm believes, helps integrate accessibility with the product development lifecycle.

    This tech-first approach mirrors the path taken by cybersecurity compliance company Vanta, now valued at $2.45 billion.

    The regulatory tailwinds and growing awareness around accessibility helped DevAlly secure €2 million in pre-seed funding (approximately $2.3 million), TechCrunch learned exclusively.

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    With this new capital, the team plans to grow its team from 5 to 15 people by the end of the year — mostly in Dublin, where it participated in the NDRC accelerator program operated by Dogpatch Labs on behalf of state body Enterprise Ireland.

    NDRC and Enterprise Ireland participated in the round, but it was led by Belgian fund Miles Ahead Capital, with participation from European angels. According to DevAlly’s founders, that’s in part thanks to tech conference Slush, where they made the top 3 of the startup competition and connected with their future lead investor.

    “Traditionally in Ireland, the approach is to go with an Irish VC, but we went with Europe, and one of the things that we’re super excited about is to explore what that unlocks from this investor,” Chisholm said.

    DevAlly will use Miles Ahead’s support to launch U.S. operations, starting with sales in San Francisco. The city proved valuable for connecting with heads of accessibility at large B2B software companies after DevAlly participated in TechCrunch Disrupt’s Startup Battlefield 2024. “A lot of our customers right now are on the West Coast,” co-founder and chief revenue officer Patrick Guiney told TechCrunch. 

    The startup has seen traction in Europe thanks to the EAA coming into force. So have other players, such as Barcelona-based QualiBooth, which recently reviewed the state of European e-commerce accessibility — retail is one focus of the EAA. But both startups also see opportunities in the U.S., where DevAlly is betting on procurement as a major driver of demand.

    With estimates that disabled consumers and their households represent $8 trillion a year in disposable income, Chisholm is adamant that “good design is accessible design.” One in five people live with disability, and disability can also be situational — because heavy glare makes it impossible to read your screen in sunlight, or you are holding a baby and can’t access control buttons, he said. “So you want to try and create as much universal design as possible.”

    The actions a company may take to address this range from screen reader support to higher contrast and gradients that work for the color-blind. But recent analysis conducted by UX/UI design agency Tenscope found that 94% of the top 1,000 US websites fail basic accessibility standards.

    The travel industry was the worst performer, preventing many users from completing basic functions like contact forms, account creation, and online purchases. Even before the EAA, Spanish airline Vueling was fined for failing to make its website accessible.

    With the EU-wide EAA now involving multiple jurisdictions, each with its own fines, big tech companies that operate in multiple countries could find themselves in search of help. “That’s why we’re positioning ourselves as a bridge to Europe for these U.S companies,” Chisholm said.

    If they do, this will be good news for DevAlly and their investors; but possibly for all of us, Chisholm said. “The improvements that come with accessibility, like subtitles at Netflix, become massive advancements in terms of how we all use technology. It’s a much better form of design.”

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    Anna Heim

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  • Uber denies rides to passengers with disabilities, Justice Department claims in lawsuit

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    The Justice Department has filed a $125 million lawsuit against Uber, alleging that the ride-sharing company discriminates against passengers with disabilities. 

    The department said Uber violated the Americans with Disabilities Act, which prohibits discrimination based on disability, by routinely refusing to serve individuals with disabilities, charging cleaning fees because of service animal shedding, and charging cancellation fees to riders who are “unlawfully denied service.” Uber said in a statement that it disagrees with the DOJ’s allegations.

    The ADA requires ride-sharing companies to allow service animals accompany people with disabilities on rides and provide rides and assistance to people with stowable wheelchairs and mobility devices, the Justice Department said.

    The lawsuit, reviewed by CBS News, highlighted that Uber is the largest ride-share service in the U.S., and said that “many individuals with disabilities increasingly rely on Uber’s services to meet their transportation needs—including to travel to work, medical appointments, religious services, and other important places.” 

    The department said the company has refused to reasonably modify its policies “to avoid discriminating against riders with disabilities” or train drivers in ADA compliance. The issues mean “individuals with disabilities have experienced significant delays, missed appointments, and have been left stranded in inclement weather,” the department said. 

    In a statement in response to the lawsuit, Uber said every driver must acknowledge and agree to the service animal policy and “all applicable accessibility laws.” Drivers who violate Uber policies face “decisive action,” including “permanent account deactivation,” the company said. Uber said it also invests in technology, training and dedicated reporting channels, including a 24/7 service animal denial hotline, to “ensure riders can quickly alert us so we can investigate and address issues.” 

    A woman opens the Uber app on her smartphone. 

    Serene Lee/SOPA Images/LightRocket via Getty Images


    “Riders who use guide dogs or other assistive devices deserve a safe, respectful, and welcoming experience on Uber—full stop,” the company said. “We have a clear zero-tolerance policy for confirmed service denials, and we fundamentally disagree with the DOJ’s allegations.” 

    The Justice Department previously sued Uber for charging disabled passengers a fee when they need extra time to reach a vehicle, even when they need more time because of their disability. Uber settled the lawsuit in 2022, compensating more than 65,000 users. 

    The new lawsuit includes allegations from over a dozen people with disabilities, including blind passengers who alleged they experienced frequent ride denials and people who use wheelchairs or mobility aids who said Uber drivers refused to assist them or stow their devices. 

    “Uber denies service to hundreds, and potentially even thousands, of individuals with disabilities who travel with service animals, who use wheelchairs or other mobility devices, or whose appearance or involuntary behavior because of their disabilities may offend, annoy, or inconvenience drivers,” the lawsuit said. 

    The lawsuit is seeking a court order to stop Uber from discriminating against customers with disabilities, force the company to modify its policies to comply with the ADA and train its staff and drivers on the legislation. It also demands Uber pay monetary damages to riders who have been affected and a civil penalty “to vindicate the public’s interest in eliminating disability discrimination.”  

    “For too long, blind riders have suffered repeated ride denials by Uber because they are traveling with a service dog,” said Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division in the news release. “This lawsuit seeks to end this persistent discrimination and allow riders with disabilities to use Uber. We will enforce the ADA’s guarantee that people with disabilities have equal opportunity and full participation in all aspects of American society, including transportation.”

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  • Colorado districts hope voters support tax measures for new school buildings, scholarships, and more

    Colorado districts hope voters support tax measures for new school buildings, scholarships, and more

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    Sign up for Chalkbeat Colorado’s free daily newsletter to get the latest reporting from us, plus curated news from other Colorado outlets, delivered to your inbox.

    More than 30 of Colorado’s 178 school districts are asking voters to approve a local tax measure in this November’s election.

    The number of requests on the ballot isn’t more than in some past years. But what has gone up is the amount of money districts are requesting — nearly $7 billion.

    There are two types of tax measures districts are putting to voters this year. Bond and capital measures would mostly go to pay for new school buildings, renovations, new air conditioning in some districts, and safety upgrades. Mill levy overrides would raise operating dollars that would mostly help increase staff pay and add more career education opportunities for students.

    Some districts are planning to use the money for unique needs. Adams 12 would like to build a central warehouse and kitchen. Harrison would like to continue a scholarship program for graduates. And Weld County’s 3J district would like to hire more bus drivers.

    While some Colorado homeowners have already seen higher property tax bills this year, when it comes to education, those increases don’t always translate to more money for schools.

    The state uses a formula to calculate how much funding each district needs per student. When local property tax revenues aren’t enough to reach that amount, the state pitches in funding. In many districts, rising property tax revenue has simply allowed the state not to have to fill in as much with its own dollars, but the total dollars per student hasn’t changed.

    If approved, bond and mill levy override dollars are provided to school districts in addition to the amount of money that the state calculates districts must have per student.

    Some districts that pass tax measures and have high property wealth in their communities gain an advantage over other districts that aren’t able to pass these tax measures for additional funds. This year, a couple of the districts requesting a mill levy override for operating dollars on top of their state calculation, Pueblo 70 and Montezuma, have never passed such a tax measure before.

    The Harrison and Adams 14 school districts last passed mill levy overrides more than 20 years ago.

    Below is some more information about proposed tax measures in several districts.

    Harrison hopes to keep funding community college scholarships

    • $9 million mill levy override request for teacher salaries and the district’s scholarship program for graduates.
    • If approved it will cost homeowners about $5.31 per month per $100,000 of a home’s value.

    Wendy Birhanzel, the superintendent for the Harrison school district in Colorado Springs, said that about 100 students have already benefited from the district’s scholarship program, which allows district graduates to attend two years of community college for free.

    She said for many of the district’s students who didn’t think higher education was possible, being able to go to college is a “game changer” that can alter the trajectory of their lives.

    And during the beginning of the pandemic, when college-going rates were going down elsewhere, Birhanzel said the rate kept going up in Harrison.

    But the scholarship program was privately funded for the three years. District leaders said they hope voters will approve the mill levy override in order to continue it.

    In addition to the scholarship program, Birhanzel said the district needs more money to be able to increase teacher pay.

    “Our retention and hiring is better than surrounding districts,” Birhanzel said. But to be able to keep competing, and increasing salaries, the new money would go a long way: “We want to have that competitive advantage.”

    Aurora’s request won’t require a higher tax rate

    • $1 billion bond request for three new school buildings and other renovations.
    • $30 million capital funds mill levy for some ongoing maintenance, salaries, and career education.
    • If approved, the tax rate homeowners pay will stay the same.

    In Aurora, the district’s chief financial officer Brett Johnson, says the district’s ability to plan ahead for the past few years has allowed them to make more debt payments.
    For the past few years, with previous debt, the district has paid about $80 million per year in principal and interest. But with accelerating payments, those annual payments will go down by $50 million, allowing the district capacity to now take out $1 billion in bonds with the same amount in payments, meaning no additional taxes will be necessary, Johnson said.

    The district has a need for such a large amount of funding in part due to how much buildings cost now.

    The Aurora district has seen a decline of students on its western boundary near Denver as housing costs rise. But on the opposite boundary, opening up to the eastern plains, the district is rapidly growing and needs new schools for the new homes being built.

    “We’re talking as many as 2,000 new homes per year at this point,” Johnson said.

    The district has already opened new schools in recent years with previous bonds, but this year’s request would pay for two more pre-K-8 buildings and a high school.

    In 2016, with the last bond, a pre-K-8 building cost the district between $30 million and $35 million. Now, a similar building will cost $80 million.

    The new high school building is expected to cost between $220 million and $230 million, up from around $100 million in 2016. The Cherry Creek school district, next to Aurora, is also requesting a bond to build a new high school, and has estimated a similar cost.

    Aurora’s second request, a capital mill levy, is a request for ongoing capital funds that are expected to generate about $30 million annually, and also will not need a higher tax rate.

    If that measure passes, Johnson said that ideally the district would do more maintenance, such as upgrading HVAC systems, on a routine basis, rather than waiting to pass bonds.

    Adams 12 says it needs new Thornton High School

    • $830 million bond request for a new high school, new central kitchen, and other maintenance.
    • $34.5 mill levy override request for teacher salaries, computer science classes, and career education.
    • If approved, the bond will not require a tax increase. The mill levy override would cost homeowners about $2.04 per month per $100,000 in home value.

    Thornton High School isn’t the oldest building in the Adams 12 school district, but it’s the one that’s causing the most problems. The school was built on a hillside, and has up to five floors on one part of the building. There are ramps throughout the building, but some parts are still a challenge for ensuring accessibility under the Americans with Disabilities Act.

    There have been other problems too, ranging from water pressure to masonry issues that endangered the structure.

    Adams 12 is now planning to construct a new building for Thornton High on the same campus.

    Chris Gdowski, the Adams 12 superintendent, said that the district has invested more in buildings in the north of the district. With the new Thornton High, the district is looking to bring more needed investments to the older part of the district.

    The bond would also pay to expand air conditioning to more parts of school buildings, such as gymnasiums and cafeterias, while also upgrading the filtration systems to improve air quality.

    The district would also build a new central kitchen and warehouse that will allow the district to cook more meals for students, decreasing the reliance on pre-packaged meals.

    Gdwoski said without a large enough storage site, Adams 12 has to ask for multiple deliveries so the orders are taken to each school. Instead, the district wants large orders to come to a central location where staff can prepare meals and then deliver them to school sites.

    “It’s about double the cost now compared to what it will be” if the measure is approved, Gdowski said.

    Additionally, with the mill levy override, the district wants to expand a pilot program for how it pays teachers. This year, the pilot is at two schools, and if the tax measure is approved, it would expand to all other Title I schools in the district over the next two years.

    All teachers would also get a 2% raise for the current year.

    Westminster’s big focus is expanding career education

    • $111 million bond request for expanding career education, and for security, and air conditioning upgrades to schools.
    • If approved it would not cost any additional in property taxes

    This fall, the district opened a new building, the Iver C. Ranum Innovation Campus, where high school students can take career classes that will earn college credit as well as industry certificates. Westminster wants to do more of the same through bond money.
    “It really comes down to making sure we are providing for the needs of our students for the jobs of the 21st century in Adams County,” said Jeni Gotto, Westminster’s new superintendent.

    The building also hosts younger students to help them explore what they want to do when they grow up. Next fall, the school will also partner with Front Range Community College to offer career education for adult students.

    If the bond is approved, Wesntminster plans to expand the career offerings based on family surveys and a consultant that helped evaluate the career pathways. Among the planned programs are an expansion of the biomedical courses and offerings, as well as advanced manufacturing, construction engineering, and culinary arts.

    Westminster’s bond would also help add air conditioning to the remaining schools that don’t yet have it, as well as security upgrades at schools too.

    Yesenia Robles is a reporter for Chalkbeat Colorado covering K-12 school districts and multilingual education. Contact Yesenia at yrobles@chalkbeat.org.

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  • All for One, One for All: SHOWAbility celebrates 34th anniversary of the ADA

    All for One, One for All: SHOWAbility celebrates 34th anniversary of the ADA

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    The SHOWAbility INCLUSIVE CHORUS opened the rally with renditions of “This Is me” and “Happy” on Friday, July 26, 2024.
    Photo by Donnell Suggs/The Atlanta Voice

    The SHOWAbility INCLUSIVE CHORUS took the stage inside Friendship Baptist Church and followed a brief introduction from the event’s MC, Dr. Yvette Pegues, PhD., a well-known advocate for Americans with disabilities, author, and public speaker, started singing “This is Me,” the popular lead track from “The Showman” soundtrack. The chorus is made up of adults with and without disabilities. The inclusivity that SHOWAbility, a metro Atlanta-based organization that highlights performing arts talents of people with disabilities, works to showcase was on full display that morning.

    SHOWAbility founder Myrna Clayton ran around the church working with performers, sound guys, guests, and families. The venue filled quickly and was full of applause when the curtains opened for the opening performance and for the performances that followed.

    The 34th anniversary of the Americans with Disabilities Act (ADA), which was signed into law on July 26, 1990, was commemorated with a celebration of the human spirit on Friday in Atlanta. SHOWAbility held a ADA anniversary celebration at Friendship Baptist Church, which was attended by dozens of supporters and people with disabilities, both young and old, Black and white, male and female. Inclusivity at its purest and most simplest form.

    Dr. Yvette Pegues, PhD., a well-known advocate for Americans with disabilities, author, and public speaker, was the events MC. Photo by Donnell Suggs/The Atlanta Voice

    “Awareness, understanding, and change,” Pegues, who wore a sequined dress for the occasion, explained when asked why rallies and celebrations like the one that took place on Friday were important. “If you don’t have awareness and understanding you can’t change. My hope and prayer is that our next generations won’t have this fight.”

    July is Disability Pride Month and sponsors like the Bobby Dodd Institute and Amazon were involved in helping ShowAbility put on a show and information session that included a panel and tables from inclusive businesses like MARTA and many others.

    “We need as many allies as we do adults with disabilities focussing on the fight,” Pegues said.

    One of the information tables in the lobby of the church was from Fulton Votes, which was there to both register voters and help people with and without disabilities check their voter status in Georgia’s largest county. Photo by Donnell Suggs/The Atlanta Voice

    One of the information tables in the lobby of the church was from Fulton Votes, which was there to both register voters and help people with and without disabilities check their voter status in Georgia’s largest county. Pamphlets with key voting dates were available as well as a sample voting machine for people to practice on if they were unfamiliar.

    Norma Stanley (standing) and her daughter Sierra Stanley. Photo by Donnell Suggs/The Atlanta Voice

    One of those people excited about punching her first presidential ticket is SHOWAbility Board Chair Norma Stanley. A native of Antigua, Stanley has lived and worked in the United States for decades, but recently filed for and received her citizenship. Not only her but her daughter Sierra, who was born with cerebral palsy 34 years ago, will be voting for the first time this fall. Stanley admitted that she did not know that her daughter, an American citizen, was able to vote, but she does now.

    “I had to do it for both of us,” Stanley said of registering to vote. “There couldn’t be a better time than now.”

    At the rally, Stanley, who spoke to the crowd at the beginning of the festivities and who also suffers from what can be described as an invisible disability, adult onset epilepsy, said she was happy that it was taking place at Friendship Baptist Church again for a consecutive year. “It’s important because people with disabilities had to fight to get this act passed,” Stanley said. “This is a celebration.”

    Georgia State Rep. Kim Schofield (District 63), who suffers from Lupus, another invisible disability that affects millions of Black American women. One in 250 Black women will develop the disease, according to data provided by the Lupus Foundation of America. “It’s about you today, it’s about the celebration today,” Schofield said.

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  • Colorado civil rights attorney Kevin Williams, who fought to improve lives of people with disabilities, dies at 57

    Colorado civil rights attorney Kevin Williams, who fought to improve lives of people with disabilities, dies at 57

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    Colorado civil rights attorney Kevin Williams died this week after 26 years of fighting to improve the lives of people with disabilities. He was 57.

    Williams died Tuesday after a short illness, according to colleagues at the Denver-based Colorado Cross-Disability Coalition, where he launched the legal program in 1997 upon graduation from law school.

    A quadriplegic paralyzed from his chest down following a car crash at age 19, Williams steadily increased access for disabled people by filing lawsuits — pressing for enforcement under the Americans with Disabilities Act, the Rehabilitation Act, the Colorado Anti-Discrimination Act and the Fair Housing Act.

    He began this work as a third-year law student at the University of Denver. Shortly before his graduation, he sued his law school. The issue was compliance with the ADA. He prevailed, leading to required improvements, including a wheelchair-accessible graduation venue.

    Often serving as the plaintiff, Williams repeated that feat again and again, expanding access for Coloradans with disabilities in stores, restaurants, public transit systems, theaters, arenas and travel pathways around the state. For example, his litigation compelled the operators of Red Rocks Amphitheatre to provide accessible parking, seating and ticketing.

    He also led other lawyers into disability rights work.

    Williams grew up in the suburbs of Cleveland.  He made Colorado his home in 1990, the year President George H.W. Bush signed the ADA into law. He enjoyed drives in the mountains, attending concerts and visiting local breweries and distilleries.

    Friends this week remembered him as passionate in his pursuit of civil rights.

    “Kevin was contemplative, thorough and certain not to leave any stone unturned, especially in litigation,” said Andrew Montoya, who worked in the coalition’s legal program as an assistant and then was inspired to attend law school.

    “Even seemingly mundane legal issues could occupy hours of lively discussion ranging from interpretive case law to contemporary and historical politics to litigation strategy to the meaning of life, and back again,” Montoya said. “His passion for civil rights, both in general and specifically those of people with disabilities, clearly animated his work, both in the courtroom and in the rest of the world.”

    He also had a knack for making light of difficulties. Friends recalled his adaptation of the Beatles’ “Let It Be” — a rendition that he titled “Let Us Pee.” (“When I find myself in times of trouble; The bathroom door is two-foot-three; Whisper words of wisdom; Let us pee, let us pee.”

    “He was intense, passionate, focused and very analytical. What kept him motivated was seeing people with disabilities face discrimination and knowing that the laws that are supposed to protect us are being violated,” said Julie Reiskin, co-executive director of the coalition.

    “What bothered him was the blatant violation of the law, especially by those who should know better, such as courts and lawyers that made excuses rather than working to fix the problem.”

    Get more Colorado news by signing up for our daily Your Morning Dozen email newsletter.

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    Bruce Finley

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  • How I Share About My Condition

    How I Share About My Condition

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    By Bianca Palmisano, as told to Hope Cristol

     

    I talk a lot about what it means for me to be disabled, both with my friends and in the workplace. So talking about depression is quite common.

    I do have a physical disability: a hypermobility spectrum disorder. It means some of my joints bend way past a normal range of motion, and I live with chronic pain. But I also consider my mental illness — major depressive disorder (MDD) ­– a disability, and I talk about it as a disability.

    I think solidarity with this community is important. We support each other and advocate better for disability rights when we stand together.

    Depression at Work

    I don’t think depression is something you should have to hide on the job. It’s nothing to be ashamed of and it’s protected by the Americans with Disabilities Act, which gives you the right to ask for certain accommodations. But I understand why some people aren’t as open as I am. There was only one time when, unfortunately, being open about my depression didn’t go well.

    I had a job that was really exhausting, and some tense work relationships started giving me panic attacks. When I asked to work from home 2 days a week, just to give myself space to get things done away from those stressors, I found there was a high bar to prove my need.

    My therapist wrote a letter, but that wasn’t enough. I had to provide proof from a medical doctor, and I had nowhere to turn; at the time, I wasn’t on medication for my depression.

    My request was denied and a few weeks later, I was let go for different reasons.

    Having a job that’s a good fit with a supportive team makes all the difference. I recently became a forensic nurse, and the other day my boss asked me about taking some night shifts.

    Sleep is a big need for me to function well. I can’t work overnight shifts. I also struggle with waking up early. These are physical issues, not lifestyle preferences. Fatigue and difficulty with early wake-up times are typical symptoms of major depressive disorder.

    I said, “I’m happy to do that, but then I can’t work the very next day because of my depression and chronic fatigue.” That was just fine by my boss.

    Trashing the Idea of “Taboo”

    Talking about depression socially has never felt much like a disclosure. It’s always just been part of the conversation. My friends and I talk about how we feel, about our good days and bad days, and my depression informs all of that. I think it helps that many of my friends also have mental illness or are disabled in some way. There’s already an understanding in place.

    But I also talk about my depression a lot on social media. One of the main reasons is to help normalize it, especially for people whose lives otherwise fit into a straightforward, standard-issue mold.

    Mine doesn’t. I identify as nonbinary and queer, so I’m not expected to fit into that specific mold. For those who are, I want them to know that if they’re struggling with feelings of depression, I’m a safe person to talk to. I want them to know depression is not a bad thing.

    It’s also my job to talk about a lot of “taboo” topics — and to help other people talk about them comfortably. [In addition to being a registered nurse,] I’m a health educator and owner of Intimate Health Consulting. We train health care professionals and organizations to understand and navigate issues around sexual health that require special care, like LGBT issues, sexual function problems, and sexual assault survivorship. A lot of times I’m talking about things that are uncomfortable for some people, but we need to talk about them.

    I Have Privilege, so I Pay It Forward

    I’m so grateful to live where I live and to have the community I have. I think that’s a big part of what gives me my own strength and my resilience.

    I do sometimes get nervous sharing my diagnosis with new people or reaching out when I need help. It can feel scary to be vulnerable. But I remind myself that I deserve the same tenderness and care that I give to others. And I can’t receive that unless I’m open and I ask for help.

    How I look is another big factor in being able to talk about these topics. I’m white, 5-foot-3, I have a babyface and thin privilege. My body is not seen as intimidating, so my difference isn’t as dangerous. The stakes for me coming out are different than if I were a person of color, overweight, or marginalized in a different way. For example, the stakes are higher for some people of color to identify with mental illness and be open about it. I can put many labels on myself that they can’t.

    It’s not the label that matters anyway. As a friend and a nurse, I believe you can call yourself anything you want. I just want to make sure that you get the care that you need. I want to make sure that you’re OK, that you’re safe and that you’re living with the best life that you can. And I think people identify with that, label or no.

    Those might be the words a person needs to hear to get professional support, or go on medications, or seek out better, less toxic support structures — maybe sports, religion, friends. People get mental health care in lots of different ways besides our traditional medical system. I hope that approach, that view of mental health and depression, resonates with the people I talk to.

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  • Supreme Court takes up case concerning Americans with Disabilities Act ‘tester’ of hotels | CNN Politics

    Supreme Court takes up case concerning Americans with Disabilities Act ‘tester’ of hotels | CNN Politics

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    Washington
    CNN
     — 

    The US Supreme Court on Monday agreed to hear a case concerning whether a self-appointed “tester” of the Americans with Disabilities Act has the right to sue hotels over alleged violations of the civil rights law.

    The court was asked to take the case by Acheson Hotels, which owns and operates a hotel in coastal Maine. The company was sued by Deborah Laufer, who they say has filed hundreds of lawsuits against hotels across the country, claiming their websites are not in compliance with ADA rules that require hotels to disclosure information about how accessible they are to individuals with disabilities.

    Though Laufer doesn’t intend to visit the hotels she’s suing, the lawsuits are brought in an effort to force the hotels to update their websites to be in compliance with the law.

    A district court dismissed Laufer’s suit against Acheson Hotels, ruling she lacked the procedural threshold – known as standing – needed to bring the suit. But an appeals court later ruled in her favor.

    Now, the justices will decide next term whether she has the right to act as a “tester” toward hotels she doesn’t intend to visit.

    “Laufer is one of numerous ‘testers’ who have collectively brought thousands of lawsuits under the ADA. A cottage industry has arisen in which uninjured plaintiffs lob ADA lawsuits of questionable merit, while using the threat of attorney’s fees to extract settlement payments,” the hotel told the justices in court papers. “These lawsuits have burdened small businesses, clogged the judicial system, and undermined the Executive Branch’s exclusive authority to enforce federal law.”

    The hotel run by Acheson Hotels has a notice posted to its website that says, “Please Note: Unfortunately, we do not have the capabilities to provide pet-friendly or ADA compliant lodging. We apologize for the inconvenience!”

    Laufer had urged the justices to take the case, with her attorneys arguing in court papers that they should affirm the appeals court ruling.

    “Without civil rights advocates such as this plaintiff, there would be no enforcement of the ADA,” they wrote in part.

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  • Activists Fight to Advance Success for Students With Disabilities During COVID-19 Crisis

    Activists Fight to Advance Success for Students With Disabilities During COVID-19 Crisis

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    Press Release



    updated: Jul 27, 2020

    ​​As more than 6.3 million students in America with disabilities cope with COVID-19, the national disability nonprofit RespectAbility is hosting experts and self-advocates to mark the 30th Anniversary of the Americans with Disabilities Act and to promote greater success for students with disabilities.

    “Thus far during the pandemic, distance learning has been a train-wreck for students with disabilities. Much more must be done so that no more harm comes to students with disabilities. This includes both access to real learning and preventing further mental health distress,” said Jennifer Laszlo Mizrahi, president of RespectAbility. Mizrahi is dyslexic herself and, as a parent of a child with disabilities, is working to enable her own child to have access to a quality education during this current crisis.

    Part of a weeklong series of virtual #ADA30 events, RespectAbility’s Education & Skills for a Better Future convening will feature self-advocates with disabilities, special educators and parents of students with disabilities in conversation about the state of special education today and how to ensure that students with disabilities get the skills they need to succeed.

    The changing face of America is deeply reflected by students with disabilities. In America’s public schools today, students of color with disabilities constitute a solid majority of the millions of students receiving special education services.

    Further, students with disabilities also reflect the deep racial inequalities prevalent throughout the United States. Nationwide, among the class of 2018, only 66 percent of African-American students with disabilities, 77 percent of white students with disabilities, 71 percent of Hispanic students with disabilities and 79 percent of Asian-American students with disabilities completed high school. This compares to 85 percent of all students without disabilities.

    Taking place on Monday, July 27, the education panel features the insights and talents of Sneha Dave, founder of the Health Advocacy Summit and recipient of the 2020 Susan Butler Award; Ollie Cantos, a civil rights attorney and father of first blind triplets to become Eagle Scouts; Nicole Homerin, M.Ed., special educator; and Paul Luelmo, Ph.D., assistant professor of special education at San Diego State University. This panel will be moderated by Gerard Robinson, vice president for education at the Advanced Studies in Culture Foundation. Sophie Kim, 13-year-old actress from Netflix’s Healing Powers of Dude, ​will provide an introductory greeting. 

    Even prior to the pandemic, students with disabilities faced significant challenges completing their degrees, further aggravated by the failure of virtual learning to meet the needs of students with disabilities nationwide. Due to underlying medical conditions, many students will need to continue distanced learning, while other students with disabilities will be returning to a “new normal” riddled with virus-related safety concerns in schools.

    The entire week’s events, which are free and include ASL interpreters and live captions, are sponsored by Comcast NBCUniversal, the Murray/Reese Foundation, Sony Pictures Entertainment and The Walt Disney Company.

    Media Contacts:
    Jennifer Laszlo Mizrahi, President
    Email: JenniferM@RespectAbility.org

    Source: RespectAbility

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  • As the Americans With Disabilities Act Turns 30, Gaps in Employment and Education Remain

    As the Americans With Disabilities Act Turns 30, Gaps in Employment and Education Remain

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    Press Release



    updated: Jul 17, 2020

    ​On July 26, America will celebrate the 30th anniversary of the Americans with Disabilities Act (ADA), the most comprehensive piece of civil rights legislation ever passed for people with disabilities.

    In celebration, the national disability advocacy nonprofit RespectAbility is hosting #ADA30 Summit 2020, with daily virtual events from Monday, July 27, through Friday, July 31. The #ADA30 Summit 2020 is free and open to the public. It is sponsored by Comcast NBCUniversal, the Murray/Reese Foundation, Sony Pictures Entertainment and The Walt Disney Company.

    According to the U.S. Census, more than 55 million people – 1 in 5 Americans – had at least one disability prior to COVID-19. This includes people with physical, sensory, learning, cognitive and other barriers to everyday living. COVID-19 is rapidly expanding this number, especially those experiencing mental health challenges.

    The summit opens with several co-authors of the ADA, including former U.S. Congressman (R-TX) and RespectAbility Chair Steve Bartlett, Hon. Tom Harkin (D-IA), Hon. Tony Coelho (D-CA) and activist and former presidential appointee Hon. Lex Frieden. Amna Nawaz, PBS NewsHour senior correspondent and primary substitute anchor, will moderate this Zoomside chat.

    Employment is one of the most significant challenges still faced by people with disabilities. A major study showed that 70 percent of working-age people with disabilities are striving for work. However, even before the COVID-19 pandemic, the overall national employment rate for people with disabilities was only 37.6 percent. This shows some progress over three decades, as in 1990, the unemployment rate was 28.7 percent. According to Census Bureau data, out of the more than 20 million working-age (18-64) people with disabilities, only 7.6 million had jobs pre-COVID-19, which has led to an additional one million people with disabilities being unemployed.

    “Three decades later, the work to remove barriers continues,” said Bartlett. “The ADA is meant to ensure that people with disabilities have the opportunity to earn an income and achieve independence. We must fight stigmas and advance opportunities so people with disabilities can achieve their dreams, just like anyone else. We’ve come so far, yet we still have far to go.”

    In America’s public schools, more than 6.3 million students have disabilities and students of color with disabilities now represent a majority of those students. Nationwide, among the class of 2018, only 66 percent of African-American students with disabilities, 77 percent of white students with disabilities, 71 percent of Hispanic students with disabilities and 79 percent of Asian-American students with disabilities completed high school. This compares to 85 percent of all students without disabilities.

    Specific days will be devoted to employment, education, leadership and civic engagement. One day will focus on representation in Hollywood.

    #ADA30 Summit: Monday, July 27 – Friday, July 31
    1–3 p.m. ET / 10 a.m.–12 p.m. PT
    All events are free and fully accessible with ASL interpreters and live captions.

    Monday: Education & Skills for a Better Future
    Tuesday: Ensuring Inclusive Communities
    Wednesday: Fighting Stigmas with Hollywood
    Thursday: The Future of Work for People with Disabilities
    Friday: Leadership: Making a Difference for the Future

    Interviews available with RespectAbility Chairman Steve Bartlett and other speakers. View the full schedule and speakers list and register here: https://www.respectability.org/ada30.

    About RespectAbility: RespectAbility is a nonprofit organization that fights stigmas and advances opportunities so people with disabilities can fully participate in all aspects of community.

    Media Contacts:
    Jennifer Laszlo Mizrahi, President
    Email: JenniferM@RespectAbility.org

    Lauren Appelbaum, Vice President, Communications
    ​Email: LaurenA@RespectAbility.org 

    Source: RespectAbility

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  • ACCSES Participates in Panel at U.S. Commission on Civil Rights Public Briefing on Special Minimum Wage

    ACCSES Participates in Panel at U.S. Commission on Civil Rights Public Briefing on Special Minimum Wage

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    Press Release



    updated: Nov 15, 2019

    ​​​Kate McSweeny, Vice President Government Affairs and General Counsel, ACCSES, will represent ACCSES members at today’s U.S. Commission on Civil Rights Public Briefing on Special Minimum Wage. Click here to view her testimony.

    ACCSES is a national disability policy organization that represents community-based disability service providers across the country and the individuals with disabilities they serve. Guided by federal policy, including the Americans with Disabilities Act, the Olmstead Decision, the Workforce Innovation and Opportunity Act, the Individuals with Disabilities Education Act, the Rehabilitation Act of 1973, the Fair Labor Standards Act, and other federal and state laws, ACCSES stands with over three million people with disabilities and over 1,200 community rehabilitation providers across the country in support of maintaining a full array of options and opportunities for all people with disabilities. ACCSES represents and stands with the individuals who would be affected if the right to be paid special minimum wage under 14(c) certificates were eliminated.

    Section 14(c) special minimum wage certificates have made a significant difference for numerous people whose lives have been more fulfilled through the opportunities, friendships, and community that work provides. Working under a Section 14(c) certificate gives people the opportunity to develop job skills that they can expand on in other environments. These skills have allowed many people who started out working under a Section14(c) certificate to take on new challenges that were previously out of reach. Section 14(c) certificates allow people with the most significant disabilities the dignity of work and earning a paycheck.

    There has been a good deal of misinformation spread about 14(c) certificates and the important role of community rehabilitation programs in providing and supporting employment opportunities for people with a wide range of disabilities. The network of CRPs across this country, staffed by people with substantial knowledge and extensive experience, are vital in providing and maintaining work opportunities for people with the most significant disabilities. CRPs not only provide training, work opportunities, transportation, and job supports, they also work with the people they serve to provide supported employment and job coaches in competitive jobs.

    McSweeny stated, “If Section 14(c) special minimum wage certificates were to be eliminated, no one would benefit.  … Many people who love their jobs and want to keep their jobs would be harmed. People working under a special minimum wage certificate already have the option of participating in day programming. They choose work, a choice that should be respected. Work is a vital part of their day and, indeed, their dignity.”

    ###

    ACCSES represents more than 1,200 disability service providers across the country. ACCSES works to promote and enhance community-based solutions that maximize person-centered employment and living opportunities for people with disabilities. Through collaboration with government and other stakeholders, ACCSES assures that services recognize and support the full potential of each person with a disability.

    MEDIA CONTACT:

    Kate McSweeny
    202.349.4279
    KMcSweeny@accses.org

    Source: ACCSES

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  • New Film Exposes Nationwide Abuses of Seniors and People With Disabilities, Calls for Reforms in Guardianships

    New Film Exposes Nationwide Abuses of Seniors and People With Disabilities, Calls for Reforms in Guardianships

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    Spectrum Institute Says the Enforcement of the ADA by U.S. Dept. of Justice Will Require State Courts to Provide True Access to Justice

    Press Release



    updated: Mar 1, 2018

    “Pursuit of Justice” is a film (36 minutes) by Greg Byers which tracks the advocacy of civil rights attorney Thomas F. Coleman, clinical psychologist Nora J. Baladerian, and a growing network of activists as they travel the country promoting reforms in adult guardianship proceedings involving seniors and adults with various disabilities. The documentary is sponsored by Spectrum Institute.

    Like the recent Oscar-nominated film “Edith+Eddie”, “Pursuit of Justice” shows how guardianships can be manipulated to abuse the rights of vulnerable adults. While “Edith+Eddie” involves an interracial couple in their nineties, “Pursuit of Justice” focuses on adults of various ages who have different types of disabilities.

    In addition to giving examples of injustices perpetrated on adults all along the age spectrum, ‘Pursuit of Justice’ offers hope that sustained and creative advocacy will eventually cause systemic reforms to the judicial systems in all 50 states.

    Thomas F. Coleman, Spectrum Institute

    Stephen and Greg are autistic men in their twenties. Mickey, in his thirties, had an intellectual disability. Kay, in her forties, has Down syndrome. Michael, an articulate young adult in his late teens, has cerebral palsy. David, a former NPR news editor was 59 when the onset of an illness devastated his mobility and impaired his ability to communicate.

    There are currently more than 1.5 million adults in the United States who are in court-ordered guardianships or conservatorships. Tens of thousands of new cases are filed each year. In these proceedings, judges take away the rights of adults to make basic life decisions – where to live or work, control over finances, medical choices, whether to marry or have sex, who to socialize with, etc.

    Each state uses its own rules in guardianship cases – rules which often deny meaningful access to justice to the adults whose fundamental rights are placed at risk in these proceedings.

    “Pursuit of Justice” offers a path for significant reform by promoting federal oversight of these state-operated judicial proceedings. Without voluntary changes by the states, it will require effective enforcement of the Americans with Disabilities Act by the U.S. Dept. of Justice to transform the status quo of unjust assembly-line practices into ADA-compliant proceedings that provide true access to justice.

    “Pursuit of Justice” was released on March 1, 2018 – just days before the film “Edith+Eddie” was considered for an Oscar at the Academy Awards. “Edith+Eddie” tells the story of an elderly couple who fell in love in their final years – only to be torn apart through an abusive guardianship proceeding initiated by an intruding relative.

    “Edith+Eddie” touches the hearts of viewers, leaving them wondering how such an injustice could occur. Although this masterfully produced and artfully directed film forcefully introduces viewers to a specific instance of oppression, the film’s audiences are left unaware that similar injustices are occurring every day in America and are ruining the lives of scores of adults of all ages, incomes, and political affiliations.

    In addition to giving examples of injustices perpetrated on adults all along the age spectrum, “Pursuit of Justice” offers hope that sustained and creative advocacy will eventually cause systemic reforms to the judicial systems in all 50 states.

    The combined impact of the films “Edith+Eddie” and “Pursuit of Justice” could make 2018 a watershed year for guardianship reform. These documentaries have just the right ingredients to become the impetus for significant and lasting political and legal reforms.

    Watch the film online at: http://www.pursuitofjusticefilm.com

    Spectrum Institute is a nonprofit organization promoting equal rights and justice for people with disabilities – especially for people with intellectual and developmental disabilities. In addition to its Disability and Guardianship Project, the organization also operates a Disability and Abuse Project.

    Contact:
    Thomas F. Coleman
    (818) 230-5156
    tomcoleman@spectruminstitute.org

    Source: Spectrum Institute

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