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VOLUME 1.2-------------NATIONAL CIRCULATION: 6000 ----------FALL , 1996
THE DISABILITY NEWS
THIS NEWSLETTER WAS FURNISHED TO YOU BY: THE TENNESSEE ASSOCIATION FOR DISABILITY RIGHTS
THE TASTE OF' DISCRIMINATION
No matter who you are, where you are, or what you are, everyone must eventually taste the bitterness of discrimination. The rich ignore the poor, the poor try to ignore the rich. You may be hated for what you have done, as well as for what you haven't done.
Discrimination can be as small as the reason you couldn't merge into traffic today, or as large as the closing of your eyes and ears to the millions of people crying for food and medicine in the third world.
Some are horn into discrimination. As children they walked down the street and wondered why the kids on the other side were calling them names. Why some kids wouldn't play with them because of the color of their skin, or the clothes they wore, the wheelchair they sat in, the car their daddy drove, or simply because their parents had told them they couldn't. These are the people who learn, early on, that humans may be created equal, hut the equality ends when they're carried out of the hospital and taken home.
There are people who feel they just don't have the time to think or worry about discrimination. School! Career! Life's just too busy to be distracted by someone else's misfortune. By pretending it's not there, they discriminate.
You have people who see the discriminations every day, but as long as it isn't directed at them, they really don't care who gets hurt. Discrimination by indifference.
We also have the "take no crap" kind of people. Born to raise hell and don't realize they are being discriminated against when people avoid them because of their attitudes and looks. They spend their entire lives confusing intimidation with discrimination.
I'm sure people much smarter and wiser than I can even imagine, have sat around and debated this for centuries. Looking for an answer to, "Why does one man need to better himself over another"? "Why does one man enjoy, so much, the distance he puts between himself and the person, or class of people that he hates?"
Ponder these questions the next time you're racing to get through a bad neighborhood, the next time you see a wheel chaired individual trying to get over or around a curb, the next time you hear kids making fun of others, or the next time a disabled person tells you that he or she just wants to work. Slow down, look around, listen to the people. If one individual can have any positive effect on the human race this is where it's got to start. Peace!
ALSO INSIDE....
The City of Columbia, TN pioneers a much needed and long overdue program.
The Americans with Disabilities Act (ADA). Some common questions for injured workers.
Accessibility laws. Are they enough?
Repetitive stress injuries. Do you have one? Stop, before it's too late.
Why we decided to change our name to the Tennessee Association for Disability Rights.
PLUS MUCH MORE
A Different Kind of Newsletter….
Greetings,
I believe all of you will find this, our second newsletter, a little more organized and focused than our first issue last June. At that time, we were still feeling the anger for, and the betrayal of, an employer who found it more convenient to replace us rather than re-assign us to a job that met our physical capabilities. As the bitterness of that situation has lessened over time, our focus on the issues of discrimination has continued to broaden. In talks with other disability rights organizations across this country and Canada, we have found surprisingly similar discriminations in a variety of work environments, not just manufacturing.
Due, in part, from our having to deal for years with discriminatory attitudes and policies in our own workplace, at the very time we were trying to hold together our lives to cope, both physically and mentally, with our disabilities, we feel we've experienced, first hand, the bias of some in the business community toward disabled and handicapped workers. We realize this attitude isn't limited to just Tennessee, the United States, or even North America, it's thriving wherever the power of money outweighs the right to fair treatment and dignity as a human being. It's a feeling of betrayal from your fellow man that can only be experienced, and it can, and will, destroy your life if you let it.
As we have continued to educate ourselves more and more on the rights of the disabled, the Association has developed a need, and a great desire to help others in the disability community. Our redefined goal is to now provide as much information as possible to the entire community, to anyone that may not be aware of the basic rights afforded to an individual with disabilities under ADA law. We will also step up our efforts to get the same information into the hands of the general workforce. Right now, we believe this newsletter is the best way to do that.
I would like to take this opportunity to personally thank all the people who have helped our Association go as far as we have in these few short months. We are currently expanding our scope dramatically to include our entire local community, the state of Tennessee and hopefully, in the near future, the entire nation. I think you would be surprised at the amount of energy the disability rights movement has today, but you may also be surprised at how much more needs to be done. We welcome anyone who would like to lend their assistance or talent to our cause. People who will except smiles, a handshake, and a little gratitude as full payment for their work. We are currently compiling a mailing list of disability organizations, various union leadership, political leaders, and other individuals who have informed us personally that they wish to have a copy of this newsletter in their hands. Feel free to contact the Association for a copy. Quantities will be limited.
Sincerely,
James R. Walden, Editor
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So why the name change?
by David Chilson
One of the more important lessons we've learned in our first few months of existence has been that our name, "The Association for Disability Rights in the Workplace" has limited, in some peoples minds, exactly what we do for the disability community. The word "workplace" insinuated that we helped only the injured or disabled in the working environment. Our purpose has always been to help the community as a whole, not just the people in the workplace. Therefore, we feel the need to change our name to avoid further confusion. As of this newsletter, we are officially, "The Tennessee Association for Disability Rights." We can now be reached by direct mail at: P.O. Box 8021 Columbia, TN 38402. Web page: http://edge.edge.net/~Rhonda/ E-mail: Rhonda@edge.net
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The Americans with Disabilities Act
( The ADA )
What is the Americans with Disabilities Act? The Americans with Disabilities Act of 1990 is civil rights legislation that extends to persons with disabilities, the same protection against discrimination that has been in place for other persons on the basis of race, sex, religion, and national origin. The ADA covers all aspects of participation in society employment, public accommodations, transportation, and telecommunications. The employment provisions of the Americans with Disabilities Act (Title 1) prohibit discrimination against persons with disabilities in all facets of employment, including: recruitment, pre-employment screening, hiring practices, promotional practices, layoff and termination's. Employers, human resource professionals, and labor union representatives need to be aware of the requirements of the ADA in order to respond appropriately to accommodation requests by workers with disabilities.
Is there a relationship between the ADA and injured workers? The employment provisions of the ADA became effective on July 26, 1992. Private employers, state and local governments, employment agencies, labor unions, and joint labor-management committees must comply with Title 1 of the ADA. Covered employers are those who have 25 or more employees (July 26, 1992) or 15 or more employees (July 26, 1994), working for them for 20 or more calendar weeks in the current year. The definition of "employer" includes persons who are "agents" of the employer, such as managers, supervisors, foremen, or others who act for the employer, such as agencies used to conduct background checks on candidates. Therefore, the employer is responsible for actions of such persons that may violate the law.
In the first year of the implementation of these provisions, almost 13,000 charges were filed with the Equal Employment Opportunity Commission (EEOC), that branch of the federal government that oversees compliance with the employment provisions of the ADA. The ADA violations most often alleged in these complaints in the first year have been; wrongful discharge (49%), and failure to provide reasonable accommodation (22%). The most often cited disability where discrimination has been charged, is in spinal impairments (19%). These figures suggest that people already in the workforce who incur an illness or injury are using the coverage of the ADA to seek protection against discrimination.
The areas which employers and workers should consider when trying to identify whether an issue for an injured worker is one that is relevant to coverage by the ADA are the following: whether the employee is one who is covered under the ADA, medical examination and medical inquiries under the ADA, confidentiality of medical records, and accommodation of injured workers.
Is an injured worker automatically covered under the ADA? Whether an injured worker is protected by the ADA will depend on whether or not the person meets the ADA definitions of "an individual with a disability" and "qualified individual with a disability". For purposes of the ADA, a person with a disability is one whose physical or mental impairment substantially limits one or more major life activities of that individual, or the person has a record of such an impairment, or is regarded as having an impairment. The key factor under this definition is that the person is substantially limited in his or her major life functioning. However, as the expanded definition indicates, a person who may no longer be experiencing this serious disability, but is discriminated against based on the history of that disability or the perception of being disabled, may also be a person protected under the ADA.
Another important facet of definition under the ADA is the concept of the person being qualified for the job.
Continued…
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The ADA protects an employee or job applicant who meets applicable qualification standards and is able to perform the essential functions of the job, with or without the employer making a reasonable accommodation for that disability. The fact that an employee is awarded workers' compensation benefits does not automatically establish that this person is protected by the ADA.
Does the ADA change anything about the employers ability to find out about a workers prior workers compensation history? An employer may not inquire into an applicants' workers compensation history before making a conditional offer of employment. After making a conditional job offer, an employer may ask about a persons workers comp. history in a medical inquiry or examination that is required of all applicants in the same job category. An employer may not require an applicant to have a medical examination simply because the response to a medical inquiry discloses a previous on-the-job injury, unless all applicants in the same category are required to have the same examination.
What does the ADA say about pre-employment medical examination? Under the ADA, it is illegal to conduct medical exams prior to an employment offer. However, a covered entity may require a medical examination after making an offer of employment to a job applicant before beginning his or hers employment duties, and may condition an offer of employment on the results of such examination, if all entering employees in the same job category are subject to such an examination regardless of disability.
If the employer withdraws a job offer because the medical examination reveals that the person does not satisfy certain employment criteria, the employer must be able to show that:
1. the exclusionary criteria does not screen out or tend to screen out an individual with a disability or a class of individuals with disabilities or;
2. the exclusionary criteria is job-related and consistent with business necessity, and that there is no reasonable accommodation that will permit the individual with a disability to perform the essential functions of the job.
With whom can medical records be shared? Information obtained from permitted medical examinations and inquiries is a "confidential medical record", and shall be collected and maintained on separate forms and in separate medical files. Access to the file and the information contained in it must be strictly limited and disclosed only under the following circumstances:
1. Supervisors and managers may be informed regarding necessary restrictions on the work or duties of the employee and necessary accommodations.
2.First-aid safety personnel may be informed, when appropriate, if the disability might require emergency treatment.
3. Government officials investigating compliance with this chapter shall be provided relevant information on request.
What is reasonable accommodation under the ADA? A critical concept in the employment provisions (Title 1) of the ADA is that of "reasonable accommodation". Reasonable accommodation is any modification or adjustment to a job, an employment practice, or the work environment that makes it possible for a qualified individual with a disability to participate in, and enjoy an equal employment opportunity. The employers obligation to provide a reasonable accommodation applies to all aspects of employment. The duty is ongoing and may arise any time a persons disability or job changes, unless the accommodation causes undue hardship to the employer. An undue hardship is an action that requires significant difficulty or expense in relation to the size of the employer, the resources available, and the nature of the operation. An employment opportunity cannot be denied to a qualified applicant or employee solely because of the need to provide reasonable accommodation. If the cost of the accommodation would impose an undue hardship on the employer, the individual with a disability should be given the option of paying that portion of the cost which would otherwise constitute an undue hardship for the employer.
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Does filing a workers compensation claim prevent an injured worker from filing a charge under the ADA? Filing a workers compensation claim does not prevent an injured worker from filing a charge under the ADA. "Exclusivity" clauses in state workers compensation laws bar all other civil remedies related to an injury that has been compensated by a workers compensation system. However, these clauses do not prohibit a qualified individual with a disability from filing a discrimination charge with the Equal Employment Opportunity Commission (EEOC), or filing a suit under the ADA, if issued a "right to sue" letter by the EEOC.
Where can I go to get more information on these issues? The following are national resources available to you that will provide further information on the employment provisions of the ADA including reasonable accommodation:
ADA Regional Disability and Business Technical Assistance Center: 1- (800) - 949-4232
U.S. Equal Employment Opportunity Commission: 1- (800) - 669-4000 ;
Job Accommodation Network: 1- (800) - ADA-WORK
The preceding information was condensed by Suzanne M. Bruyere, Ph.D., C.R.C. of Cornell University from, "The ADA and Workers' Compensation" by Bruce Growick. Edited for this publication by James Walden.
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There's never a right way to do a wrong thing!
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Accessible? Think again!
as told by Mary Kline of Three Rivers, Michigan
Times have changed. I've heard this expression all my life. And with regard to the handicapped citizens of this world, it's very true. You can't go anywhere these days without seeing the familiar blue sign with the wheelchair symbol indicating handicap accessibility, but is it enough?
Eight years ago my twenty-one year old son was in an auto accident that left him paralyzed from the chest down. A quadriplegic. In a matter of seconds his life and mine were changed forever. At the time, we were so caught up in the immediate happenings… Will he live?.. Will he survive the surgery?.. How long will he be hospitalized?…What's the prognosis?…that no one had time to think about "long range effects".
Since that time the words, "handicap accessible" or "wheelchair accessible" have taken on a new meaning for me. Conditions that are considered legally within prescribed limits often fall far short of the mark. We've learned (often the hard way) that spontaneity doesn't exist for those who are severely handicapped. Public buildings and places of business often present numerous difficulties.
First, there's the very obvious problem of stairways. Most places have public elevators, but we have, more than once, been forced to ride in a freight elevator because nothing else was available. Otherwise we are pretty much confined to the ground floor.
Next, we have to locate the restrooms. This is not as easy as it sounds. We once took a class at the local community college, and there wasn't a single bathroom on the floor where the classroom was located. We had to use a tiny, two person elevator to go down one floor, get off, switch to another elevator, and go down one more floor to use a restroom. How convenient!, and once you get there, there's a good chance it won't be accessible to a person in a wheelchair. If the entrance is one of those with a single door followed by another door, or the hallway narrows, we're in trouble. Accessible you say? Not Hardly!
When we go to a restaurant, we have to make sure there's enough room between the tables for my son to wheel through, and that the tables are tall enough so that he can roll under them without having to take his feet off the footrests. When we go to the movies, we have to make sure there is a level place where he can park his wheelchair, ( it's usually in the back ). We tried one time in an aisle closer to the screen, but sitting comfortably while tilted forward was just impossible.
Planning vacations or trips is often challenging. We've always traveled by car because we don't want to take the chance of getting stuck somewhere between point A and point B. From what I have been told, air travel requires an unsettling double transfer from the wheelchair to the airplane seat. The wheelchair, over time, tends to become an extension of the body, and taking away my sons chair is the equivalent of someone taking your legs from you. Once we had landed, we would immediately have to secure transportation from the airport to our final destination, making sure that the vehicle was accessible. So far, I haven't been able to muster the courage to try this particular adventure.
Reserving a motel room, sight unseen, can also be a big mistake. Many motels have altered their rooms by removing one of the usual two double beds and replacing it with a single king size. While this does free up space in the room, it could make for an uncomfortable situation if the handicapped person has to share a bed with their traveling partner who very well may not be their spouse. Then there's the motel bathroom. The prevalent feeling seems to be that if you attach the required number of bars in the shower and beside the toilet, any handicapped person will be able to use the facility. Wrong! I visited about twenty motels this summer trying to find one, just one, where my son could roll under the sink to wash up and brush his teeth. We don't feel this is too much to ask.
We've had adventures too numerous to mention, some funny, some heartrending, and some that made me just plain mad. The bottom line is, "There is still a long way to go before every citizen is free to go wherever he or she wishes". Editors note: Please follow ADA accessibility guidelines when building or renovating. It is the law.
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A Democratic End to Workers' Compensation Benefits
by J. Anthony Arena
On April 24, 1996, Governor Don Sundquist signed into law House Bill No.2943, which amends certain provisions of the Tennessee Workers' Compensation Act. This new law may take away an employee's right to receive workers' compensation benefits for an on-the-job injury, and discussions from the House and Senate Floor reveal that it was passed to specifically address workers at the Saturn and Nissan plants in Middle Tennessee. Not surprisingly, this law was passed very quickly and quietly, and it is extremely beneficial to employers who provide self-funded disability insurance plans. The new law states in pertinent part: Any employer may set off from temporary total, temporary partial, and permanent partial and permanent total disability benefits any payment made to an employee under an employer funded disability plan for the same injury, provided that the disability plan permits such an offset. Such an offset from a disability plan may not result in an employee receiving less than the employee would otherwise receive under the workers' compensation law. In the event that a collective bargaining agreement is in effect, this provision shall be subject to the agreement of both parties.
Saturn's disability policy specifically provides that workers' compensation benefits may be offset by whatever is paid under the disability policy. Saturn's attorneys have argued in the past that they should not have to pay workers' compensation benefits to an employee who has already received disability benefits. The Tennessee Supreme Court has rejected this argument, and has ruled that the setoff provision in Saturn's disability policy was void and unenforceable. This is because, at the time, a provision in the Tennessee Workers' Compensation law stated: No contract or agreement, written or implied, or rule, regulation or other devise, shall in any manner operate to relieve any employer in whole or in part of any obligation created by this Chapter except as herein provided.
This is the same statute which has now been amended to include the wording quoted earlier. Therefore, management has effectively protected its interests and will likely save hundreds of thousands of dollars by they're ability to lobby Congress and change the laws. When the Tennessee Supreme Court would not allow the companies to enforce the setoff provisions because of the way the law was written, they simply had the Tennessee General Assembly rewrite the law.
As an example, assume a employee sustains an on-the-job injury and is required to miss six (6) months of work for back surgery. The company provides a self-funded disability insurance plan. Under the old law, that employee would receive a combination of S&A benefits and workers' compensation benefits. Workers' compensation benefits are not subject to taxation while disability benefits are. Therefore, when the employee is drawing 60% disability, a portion of that would not be subject to taxation because it's workers' compensation. However, under the new law, the employee would simply receive S&A while recovering from surgery and the entire amount would be subject to taxation. This could amount to several hundred dollars a month less in overall benefits under the new law, as opposed to what an employee would have received under the old law.
Unfortunately, this several hundred dollar per month loss is relatively insignificant when compared to the tens of thousands of dollars the employee will likely lose in permanent disability benefits. This new law probably will not effect the employee who is able to return to work and keep his job, because he will never receive any long term disability benefits which could be setoff against workers' compensation benefits. However, if an employee is "put out" under the company's Mcplacement process, then he may not receive any permanent disability benefits from workers' compensation.
Under the old law, an employee who undergoes back surgery and eventually gets put out might hire an attorney, go into court, and ultimately receive anywhere from $25,000.00 to $100,000.00 or more in workers' compensation benefits. This would be in addition to the 60% long term disability benefits that employee would draw under S&A. Under the new law, if that employee has already received $50,000.00 in S&A benefits by the time his case gets to court, and the judge ultimately awards $60,000.00 in workers' compensation benefits, then the employer would only have to pay that employee $10,000.00 in workers compensation benefits. In this same scenario, if the employee received an award of $40,000.00, the company would not have to pay him anything for workers' compensation benefits.
As you can see, this new law is extremely dangerous and inequitable to all employees, especially those at the Saturn and Nissan plants. Not only will the workers lose their valuable right to seek workers' compensation benefits, but they will also have a difficult time finding an attorney to represent him and protect his interests.
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Attorneys who work on contingency will be extremely reluctant to take on a case that will result in little or no recovery and unfortunately, very few attorneys are willing to work for free. When employees lack proper legal representation, management will take more and more steps to improperly deny other benefits, such as proper medical treatment and timely payment of expenses.
This new law only applies to injuries which occur on or after July 1, 1996. It was sponsored by the following legislators:
Representative Mike Williams, Democrat -----20 Roberts Street, Franklin, TN 37064
Senator Andy Womack, Democrat ----------1410 Ivy Court, Murfreesboro, TN 37130
Representative Frank Buck, Democrat --------Route 1, Dowelltown, TN 37059
Senator Jerry Cooper, Democrat ---------P.O. Drawer 790, McMinnville, TN 37110
Because this law applies to all future injuries, it is potentially devastating to all members of the workforce regardless of whether they are currently disabled. Nevertheless, there are steps that can and should be taken to protect the rights of all disabled workers to receive workers' compensation benefits. Again, the law states, In the event that a collective bargaining agreement is in effect, this provision shall be subject to the agreement of both parties".
Each and every employee should talk to their UAW representatives, and urge them to address this issue during the next contract negotiation. The union must take a stance by forcing management to agree that this new law shall not apply to the bargaining unit. If this issue is not addressed in the next contract, then you may as well pay your dues directly to Representatives Williams and Buck, and Senators Womack and Cooper. It appears they are the ones who are bargaining for you on Capitol Hill. Disability insurance is a benefit that was bargained for in the original contract. Labor probably gave up other issues, such as a better pay scale or retirement plan, in order to have disability insurance. In spite of all prior negotiations, our elected officials have now deprived employees of literally tens of thousands of dollars in workers compensation benefits simply because the union bargained for and established a disability plan.
If you think those union brothers and sisters on long term disability have a tough time making ends meet at sixty (60%) percent of their base wages, with no added bonuses, then imagine what it would be like trying to get by without the workers compensation benefits they so desperately need. Think about it. Do something about it.
J. Anthony Arena *
* J. Anthony Arena is a partner in the Nashville law firm of Schulman, LeRoy & Bennett where he concentrates his practice in the areas of workers' compensation and employment law. He is a 1990 graduate of the University of Memphis School of Law, and formerly served a judicial clerkship for the Honorable Ben H. Cantrell, Tennessee Court of Appeals, Middle Section. For more information, you may contact him at (615) 244 - 6670. Mr. Arena is not certified as a civil trial specialist by the Tennessee Commission on Continuing Legal Education and Specialization.
THE BULLETIN BOARD
Easter Seals F.O.W. Meeting (spinal cord injury support group) 3rd Tuesday of every month at the Department of Human Services 209 Wayne St. Columbia, Tennessee or contact Jay Ellis at 1-800-264-0078
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Sometimes the best things come in the smallest packages
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First 30 Minutes FREE --- Free Document Review ---- Free Follow-up Letter or Call,
30% DISCOUNT FOR UNION MEMBERS THROUGH UNION PRIVILEGE LEGAL SERVICE. IN THE NASHVILLE AREA CALL THE OFFICE OF - JAMES BRAMELL AT 615-256-0191
Nationwide - 1-800-920-4460
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Achieving our Goals
by James Walden, Sandy Robbins, and Judy Halter
While continually addressing the many issues of disability rights, we've found ourselves becoming more aware of our surroundings as they relate to the disability community. Non-conforming handicap parking signage and the abuse by those not qualified to use one has become the most noticeable problem we see almost daily. Apparent to anyone that may visit or drive through our local community. In most cases it is clearly visible that many of the parking lots in Maury County are not in compliance with local ordinances or ADA guidelines.
After discussing it among ourselves, the Tennessee Association for Disability Rights requested a meeting with local officials from the city of Columbia to address these concerns. On August 15, 1996 the first meeting was held with city officials. Representing the city were: Bill Gentner - City Manager, Jim Boyd - Chief of Police, and Eddie Dooley - Assistant Chief of Police. Representing the Association were: Bob Millage, Jeff Kiphart, Sandy Robbins, and James Walden. Cindy Graves of The Impact Center in Columbia was also present.
The Association was offering volunteers within it's membership to assist in the enforcement of handicapped parking issues. Detailed plans would have to be developed first, but both parties agreed at this meeting that revenues raised from this endeavor should be funneled into other disability programs within the community.
One of the first priorities would be to develop a plan to educate the local business community to the proper use of signage as it relates to local and federal law. Association volunteers are currently visiting local businesses that aren't in compliance and personally putting the necessary information in their hands that will enable them to update their parking lots to ADA standards.
On September 3, 1996 Association member Bob Millage, along with local business owner Carmen Klapperich, presented the issues and all of the information that had been gathered by us up to that point, to the Maury County Commissioners. The Commissioners seemed to react very favorably to our proposal and suggested we continue to work out the details with the city and return in October for a vote by them for passage.
A meeting with the city on Sept. 18th reassured us of the positive attitude of all involved to get this thing going. On October 3rd the Association, in collaboration with Bill Gentner, Jim Boyd, and Eddie Dooley, officially presented our proposal to the Columbia City Council. The City Council voted unanimously to except it. The Councils approval will now send a petition to the Maury County government for passage of Bill 55-21-101 which legally permits a municipality to use volunteers for parking enforcement. County Commissioners Charles Tisher, Jim Evans, Tim Napeir, Walt Harlen, and Jerry Erwin are due to vote on the petition on November 5th. Please contact them personally if you support our proposal.
We would like to take this opportunity to again thank Columbia officials Bill Gentner, Jim Boyd, and Eddie Dooley, business owner Carmen Klapperich, along with consumers Jeffrey Lawrence and Tony Harris. All deserve a lot of credit for the enthusiastic response backing this proposal. Thanks to all for having the compassion and fortitude to understand and address the current and future needs of our community.
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Local ordinances state, "All handicap parking shall be marked by both ground placard and a sign on a pole in front of the space". Federal accessibility guidelines state, "Such signs shall be located so they are not obscured by the vehicle parked in the space".
* For further information on Columbia ordinances contact David Holerfield at 388-1339
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A Great Experience!
by Jeff Kiphart
The "Fifth Annual Disability Conference and Technology Fair" was recently held at the Nashville Airport Marriott Hotel on August 29th and 30th, 1996. The theme for the conference was, "Creating a New View of the World".
I was able to attend the conference through a scholarship granted by the Tennessee Disability Coalition (TDC). I was very proud to be representing the Association for Disability Rights in the Workplace and the good people of Maury County, Tennessee.
The conference got underway with an opening address by Karen Tamley. Karen co-founded the Disability Rights Action Coalition for Housing in 1994. She is currently serving as a housing organizer at Access Living, an Independent Living Center in Chicago, Ill.
There were "breakout" sessions held throughout the two day event. I was honored (along with Bob Millage) to be asked to speak at one of these sessions. Our topic was the Americans with Disabilities Act (ADA), Title I, which covers employment for those with disabilities. Other sessions ranged from "Questions and Answers in Independent Living," presented by Charlie Buck to "Children and Tenn-Care" presented by Michele Johnson. Charlie Buck is the Director of the statewide Independent Living Council and Michele Johnson is an attorney working in the area of child health policy at the Tennessee Justice Center in Nashville.
The Technology Fair was open during the entire Conference to give everyone a chance to view the latest achievements in assistive technology. Exhibits included augmentative communication devices, home medical equipment, and counseling services.
The conference ended with, "Planning for Action in Tennessee" presented by Carol Westlake. Carol is the Executive Director of the Tennessee Disability Coalition in Nashville. As the conference came to a close, I sat and thought about all of the information I had absorbed and all the wonderful people I had just met in these two days. I personally left that conference with a "new view of the world".
The Fifth Annual Disability Conference and Technology Fair was co-sponsored by: the Tennessee Disability Coalition (TDC), the Tennessee Developmental Disabilities Council (TDDC), the Tennessee Technology Access Project, and the Tennessee Commission on Aging.
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Injured Workers Unite
by Bob Millage
On July 26-27, 1996 injured workers from all over the United States and Canada met at West Chester University in Pennsylvania. I had the distinct pleasure of being invited to attend. This was made possible by a consumer travel grant from the State of Tennessee Developmental Disabilities Council, and the United Cerebral Palsy of Middle Tennessee. I would like to personally thank them both for giving me the opportunity to participate. The national AFL\CIO was a major sponsor as well as the Louisiana Injured Workers Union and the Pennsylvania Federation of Injured Workers. Guest speakers spoke on a variety of topics ranging from workers compensation to health and safety struggles, fundraising, public relations, organizing, recruitment, and handling of the media. There were representatives from 14 states including Alaska. Canada was also well represented. The objective of the conference was to promote the organization of injured workers around the country to join together and take up the fight against "unfair reform" legislation that undermines workers compensation. I spoke with many individuals regarding their networking with Disability Coalitions and their respective State Developmental Disabilities Councils. I encouraged all to take their place at the Disabilities Community Table, and stressed that, without them, the circle cannot be complete. We spoke with, and established collaborative relationships with representatives from the national AFL\CIO in Washington D.C., the Union of Injured Workers from Canada , as well as a representative for Ralph Nader. We have also been invited to speak in Ontario, Canada next year during legislative rallies for ADA type legislation. We gathered quite a bit of written material that is available through our library.
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REPETITIVE STRAIN INJURY
by James Walden
Having to live with permanent damage from repetitive strain injury myself for over two years now, I've tried to read everything I could find on repetitive stress injuries. Even though RSI's have risen 800% in the last decade and now cost America $10 to $20 billion dollars a year in lost wages and medical costs, there doesn't seem to be much concrete information out there for the public. Some doctors seem hesitant to diagnose RSI's for fear of never ending worker compensation claims, which tend to keep them in court and away from their practice. So in some cases, you may be on your own to at least find a second opinion.
Beginning symptoms can be very similar in a number of these conditions, be it carpal tunnel syndrome, tendonitis, etc.… Some can be corrected with surgery, some cannot. Please do yourself a favor and don't wait too long before seeing a doctor. Here are some facts about RSI's that may help you judge whether or not they apply to you. As defined in her book on repetitive disorders, Norra Tannenhaus suggests certain characteristics in common with all repetitive injuries. They are:
1. Correspond directly to the intensity of the work.
2. Involve biomechanical and physiological mechanisms.
3. May occur after weeks, months, or years on the job, and may require weeks, months, or years to subside (although some injuries can become permanent.)
4. Have both occupational and non-occupational causes.
5. May have poorly localized, non-specific symptoms.
Below is a list of symptoms common to RSI's. If you find yourself with any of these on a regular basis, I would suggest you see a medical professional soon. In all of the material I have read concerning these injuries, they may be prevented from becoming permanent if you and your employer are willing to take the right steps toward accommodation. You will probably have to deal with a little peer pressure from your co-workers, but just remember that "YOU" are the only one who will wake up every morning with the pain, and every morning for the rest of your life is a long, long time.
1. Any pain, aching, and/or burning sensation that radiates from the affected area to nearby parts of the body. Example: hand to forearm, elbow, or even the shoulder.
2. Swelling of the affected area.
3. Jerky movements of the joint, or a snapping sound when you move the affected joint.
4. Any bumps or nodules that form on the tendons.
5. Numbness or tingling sensation in the fingers and hand.
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Here are two very good and informative books on repetitive strain injuries, including carpal tunnel syndrome. Both can be found at Barnes & Noble bookstores.
1. Repetitive Strain Injury. Author: Emil Pascarelli, MD \ Deborah Quilter $14.95 (218 pgs.) Publisher: John Wiley & Sons, Inc.
2. Relief from Carpal Tunnel Syndrome and other Repetitive Motion Disorders. Author:: Norra Tannenhaus $3.99 (118 pgs) Publisher: Dell Medical Library
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A Unique Educational Experience
by David Chilson
I was recently privileged with an opportunity to attend the "First Annual International Conference of Injured Worker Organizations" held at West Chester University in West Chester, Pennsylvania on July 26th and 27th, 1996.
The conference was very successful, and a giant step forward for the Labor Movement. People from all over the United States and Canada were present to share information and attend the various workshops that were available. The conference was sponsored by the Pennsylvania Federation of Injured Workers, the Louisiana Injured Workers Union, the National AFL/CIO and the Pennsylvania AFL/CIO. The event had been planned by the Rev. Tim Wagner and Bill Temmink. They deserve a great deal of credit for a job well done.
I would like to personally thank Jim Ellenberger from the AFL/CIO Department of Occupational Safety and Health, and Karl Crevar, ONIWG Hamilton, Ontario for all the time they spent with me, and their patience in answering all my questions. I met so many different people, people that had endured so much in their own personal lives, but still possessed the courage to continually go out and help others in the disability community, it was a very heartwarming experience.
One such person, Patrick Schoepple, teaches children how to build computers. After the children are successful on all the assembly and mechanics of the computer, Mr. Schoepple then presents the computer as a gift to the child.
I discovered just how little I knew concerning the facts and statistics of the disability community. One of the most important lessons I have recently learned is the negative effect of all the myths we learned as children and the effect they have on all of us today, disabled as well as non-disabled. People with disabilities do not want pity or handouts. They want to be productive. In the majority of cases, all this takes is small accommodations and very little effort on the part of others. There are so many benefits to reap from making these accommodations, I couldn't list them all in several newsletters. Benefits to the employers, workers, government, unions, our families, and many, many more.
The statistics show very clearly that your chances of becoming injured or disabled are extremely high. It's really in our best interest as people who love our families and provide for their future that we look closely at this matter and educate ourselves about these issues. I believe any negative prospective you may have will be changed when you educate yourself with the truths, as opposed to the myths we were raised with. I think you will find that the injured and disabled are treated differently for seemingly no reason.
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Room to Grow
by James Walden
ON September 20, 1996, members of the Association met with Charlie Buck from the Center for Independent Living in Nashville, TN. Talks concerned the possible opening of a Center for Independent Living that could service several counties south of Nashville. We were told of the requirements for such a venture and before we left, told Mr. Buck that we would indeed strive to meet them in the near future. Some of the goals and principles of the Centers for Independent Living are aimed at helping citizens with disabilities increase their personal levels of independence. In addition, there is an emphasis on eliminating the physical, architectural, and economic barriers that prevent people with disabilities from living fully integrated and productive lives. A search for qualified individuals who have the drive and confidence to become Board members is in the works right now. Please feel free to contact the Association if you believe that you, or someone you know, may be the right person for the job.
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Training for the Future
by Sandy Robbins, Gail Farmiloe and Stephanie Blair
September 27, 1996. Sandy Robbins, Gail Farmiloe, Bob Millage, and Stephanie Blair all attended the "Third Annual Common Threads Disability Awareness Conference" at the Radisson Hotel and the TVA Towers in Knoxville, Tennessee. The theme was "Focus on Technology for the Diverse Workforce".
The morning session was filled with keynote speakers and was very informative. Dinah Cohen, Director of the Department of Defenses' Computer / Electronics Accommodation Program (CAP) spoke on the Departments use of technology to employ people with disabilities. Rachel Wobschall, Executive Director of the Minnesota Governors Advisory Council on Technology for People with Disabilities spoke on, "The Role of Applied Technology in Promoting Diversity in the Workplace." A representative for Dr. Patricia Morrissey, Staff Director for the U.S. Senate Subcommittee on Disability Policy, chaired by the Honorable Senator, Bill Frist, addressed "The Impact of Current Disability Policy and Regulations on Employers and Employment of People with Disabilities". The room was filled with Corporate Managers from workplaces large and small, learning and listening about statistics, compliance under ADA laws, technology, disability rights, accommodations, and diversified work forces, among others.
Conference speakers offered an array of facts and information such as: According to the U.S. Department of Labor, just one-third of working age Americans with disabilities have jobs. Forty-nine million people have disabilities and one-half of those have severe disabilities. Sixty-five percent of people with disabilities are unemployed. As baby boomers age, employers will begin seeing large increases in disabilities throughout the general population.
Employers should know that making the workplace accessible to an employee with a disability need not be expensive. Most employers are able to provide accommodations for $500.00 or less. Some high tech, but not necessarily high priced solutions can be made. The percentage of employers who make accommodations and the costs they incur in doing so are; 31% - no cost to the employer ; 38% - $1.00 to $500.00 ; 19% - $500.00 to $1,000.00 ; 11% - $1,000.00 to $5,000.00 ; 1% -more than $5,000.00.
Conference speakers also offered their opinions on the ADA and it's impact on the workplace. They believe that in the future, informed business leaders will voluntarily strive to keep a diversified workforce with the help of accommodations. There is a definite need to retain talented people on board at all levels of business. Sometimes focus is shifted away from individuals with disabilities because of fear of compliance laws and lawsuits. Sometimes employers should look beyond legal obligations and look at the talent the disability community has to offer. The Americans with Disabilities Act extends Federal Civil Rights Laws to protect people with disabilities from job discrimination. The law is about participation, not a free ride for persons with disabilities. Employers need to know what a disability is and how to find available resources. Businesses cannot claim they are in compliance with ADA laws unless they explore all accommodation opportunities. Reassignment is the last step in the accommodation process. Conference speakers addressed that employers need to go back to the basics and fit people to work stations and use creativity to solve problems that are attainable. Employers can create enabling work cultures and take initiative and responsibility in understanding differences and focusing on abilities.
Employers sometimes don't know where to go for assistance when questions arise about accommodations. Simple, two-way communication with the injured or disabled employee or job applicant can be a good start. Chances are, the injured employee may have already developed a plan or has a suggestion for accommodation. A disabled worker applying for a job usually knows his or her limitations very well and can usually offer suggestions immediately when a job is described or shown to them.
Continued…
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Afternoon sessions consisted of four different workshops, each of us attending one. 1. Unique School-to-Work Initiatives in Tennessee. 2. Reasonable Accommodations of the Enabling Kind. 3. Ask the Experts / Perceptions of Current and Future Uses of Technology in the U.S. Workforce. and 4. TVA University Focuses on Ability and Technology in the Workplace. Later, we shared the information with one another. Each of us had a unique and enlightening experience, and will welcome the opportunity to attend any future educational workshops. Our knowledge has grown immensely and will continue to grow with learning opportunities like these.
Persons interested in attending a TVA workshop or acquiring TVA materials should contact Joel Haden at : (423) - 632 - 2132 - Phone, or (423) - 632 - 2010 - Fax.
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Commitment to the community
by Bob Millage
From time to time our Association becomes aware of a business organization that should be publicly commended for their efforts to go beyond minimum compliance in regard to the Rehabilitation Act of 1973. Such an organization is the Tennessee Valley Authority. Joel Haden, Patti Tengberg, and Mark Clark, of the TVA University recently participated in TVAs' Third Annual Disability Awareness Conference, "Focus on Technology for the Diverse Workforce". The purpose of this article is to praise TVA, and to inform the public of their accomplishments in the hiring, retention, and promotion of people with disabilities. The TVA has designed a variety of programs that are offered through the TVA University facility in Knoxville, to assist the business community in understanding the benefits of hiring people with disabilities, and how they should take advantage of the diversity that disabled people bring to the workforce. Information is available on the specific accommodations that TVA has been able to make for these employees, and their specific disabilities. Through their Diversity Management Staff, they can also provide a wide range of resources that are available through assistive technology in the areas of Communications, Computer Training, Education, Self Advocacy, and Consumer Products. We believe that the TVA has a higher commitment to go beyond minimum compliance than any other company we are aware of. The TVA has made a commitment to Tennessee, that they will seek out qualified individuals with disabilities for employment, they will attempt to make accommodations available to those that need them to perform the essential functions of the position, and they will work with those people towards empowerment and development of skills necessary for future job promotion. Our Association intends to use TVA as an example of how a corporate entity should model itself with regard to compliance with the Americans with Disabilities Act. We stand openly and applaud the entire network of leadership at TVA from the bottom to the top, because we now understand that TVA, as a whole, is committed to creating a comfortable environment for those with disabilities. From it's employees, to it's customers, the TVA has shown it cares about the entire community. They seem to have a true understanding that all people have the capability to become valuable assets, and that truly, they have learned to value the diversity that is available to the entire business community.
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Spotlight on the Business Community
We intend to publish a new list in each edition of our newsletter that will inform the public of businesses in their community that have the appropriate handicapped accessibility parking. We would like to suggest supporting any business that recognizes the value of the disability community as a part of their customer base.
taco bell ------------nations bank----------- krogers --------burger king
middle tennessee bank ----------wal-mart---- trans financial bank
lockheed federal credit union------k-mart ------hardee's ---shady brook cinema
kwik sak -------------mcdonalds ( two locations )-----ruby tuesdays ---applebee's
napa auto parts -------blockbuster video----- long john silvers----- captain d's
true value hardware ------golden corral----- super chinese buffet
If you would like information on what constitutes appropriate handicapped parking or you would like your business to appear on this list, please give us a call or drop us a letter. Please contact the Association for an entire list of businesses that have been visited or an updated list of those businesses that have recently came into compliance.
The Association, along with representatives from the City of Columbia are developing a plan to make available, an overview of ADA guidelines relating to handicapped parking requirements to be given at the application or renewal of the business license.
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Library Inventory (a partial list)
Workers Compensation in Tennessee 1990 - 1994 ------- Financial Long Term Care - Sr. Citizens Law Project. ------- The Paralegal Handbook. ------- The Health Hazard Evaluation Program. ------- Understanding your Medical Rights ------ Easter Seals Program Information. ------- Steven Covey Course Guide ------- The Medicare Handbook ------- Repetitive Strain Injuries --------- All about the AARP ------- Applications for Handicapped Parking Plates or Placards ------- Tax Incentive Facts for Businesses -------- Tax Incentives for Improving Accessibility ------- Paralegal Responsibilities ------- Assistive Technology in Tennessee ----- Guide to Free Legal Help in South Central Tennessee ------- ADA Guide for Union Reps. ------ Reasonable Accommodation in Unionized Environments --------- The Effects of Shift Work on Employees --- Promoting Success in Agriculture for People with Disabilities ---------- Talking about Disabilities ------- Disability Etiquette ------- Coping with Legal Crisis' ------- Massage Therapy ----- How to File an ADA Title 2 or Title 3 complaint. ------- ADA Technical Assistance Manual -------- The ADA Handbook ------- Past and current issues of magazines and newsletters from around the country such as "The Mouth", "Legislative Monitor", "Mainsteam", "Workers Rights", etc….
We are always on the lookout for more library material. If you would like to donate any material that you feel could help our disability community, please call and let us know. If you would like to "check out" a particular document, book, magazine, etc… please notify an Association member to schedule a visit. Thanks!
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Tennessee Association for Disability Rights
Executive Board Members:
Bob Millage - 388-4465
Gail Farmiloe - 388-9709
Jeff Kiphart - 987-9214
David Chilson - 270-8259
James Walden - 486-1668
Sandy Robbins - 380-8432
Members at large:
Judy Halter
Stephanie Blair
Melinda Bradberry
Tim Lenz
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Announcing a Public Forum on Disability Issues
~~ All Aspects of Disability Issues, Rights, Discriminations ~~
We'd like to know your feelings, hear your ideas.
How do YOU think we can best serve our community?
Everyone is welcome!
November 17, 1996
1:00 pm - 3:30 pm
AT THE LIONS CLUB BUILDING
Spring Hill City Park
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TENNESSEE ASSOCIATION
FOR DISABILITIES RIGHTS
P.O. BOX 8021
COLUMBIA, TN 38402
http://edge.edge.net/~rhonda
E-mail rhonda@edge.net
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