Volume 3.2 ~ The Award Winning ~ Fall 1998

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Disability News

FURNISHED TO YOU BY: THE TENNESSEE ASSOCIATION FOR DISABILITY RIGHTS

A LITTLE BIT OF DIFFERENCE

While working at a large manufacturing plant, in Tennessee in late 1994, a group of people discussed the fact that since becoming injured at work, their lives had changed dramatically. They were no longer considered to be value-added to the Corporation, only damaged goods. Negativity was a major part of every working day. Self-esteem was at a low point for everyone who was perceived to have a disability. when treatment at work began affecting personal lives, i.e. stress, emotional turmoil, low self-esteem, it was unanimously agreed upon that change was vital. Perhaps something positive could be accomplished to counter - effect the negativity that surrounded being injured/disabled.

Realizing that shared ideas would provide the impetus to forge ahead, the "Restricted Members Council" was created. The Council's goal was to become educated on disability issues in order to pass on the newly acquired information to others. Contacts were established with disability groups such as the Tennessee Disability Coalition. Group members attended meetings and seminars on disability issues and contact was made with an Atlanta attorney who specialized in the Americans with Disability Act. At this point it was determined that a need existed in the community to understand existing laws pertaining to disabilities, worker compensation and human rights. A name change of the group was instituted in 1996 to "The Association for Disability Rights in the Workplace" which became a non-profit organization.

The goal was to publish a newsline that would benefit the community and workplace. It was soon realized that funding would be a major obstacle. The group held garage sales, took donations and solicited funding from companies. Members also donated from their own pockets to make the newsline a reality. Many obstacles were placed in their path such as a local

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INSIDE...

WORKERS' COMPENSATION LAW

TAP YOUR RESOURCES

MITSUBISHI SETTLES ADA COMPLAINT

DEPT OF JUSTICE & EEOC SETTLEMENTS AND UPDATES

COMMONLY USED TERMS IN THE EMPLOYMENT OF

PERSONS WITH DISABILITIES

PLUS MUCH MORE...

This newsletter was paid for, in part, by the NHIRR and the SEDBTAC. Grant #Hl33D6OOl8

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Union threatening to black-ball a printer after the first edition was published. It was such an important issue that despite the fact that some members were now put out of work due to their injuries, they continued to donate time and money. The first edition of the "Disability Newsline "was published in July of 1996.

The first issue was hardly a literary masterpiece but eventually they were honored to receive an award from the Tennessee Disability Coalition for "Best Grass Roots Publication." Positive feedback was received from the workplace and the community. More than one UAW leader referred injured workers for education. This encouragement provided them with incentive to continue.

In order to expand circulation it was felt a name change was necessary. In October 1996 the name was changed to "The Tennessee Association for Disability Rights."

Realizing the vast number of problems disabled people in the community faced on-a day to day basis, the group began to focus on ways to assist in accommodations. Thus was born a bill, an amendment to Bill #TCA 5521-110. It was a monumental task to convince lawmakers to assist in the pioneering efforts. Due to the groups tenacity, Bill #TCA5521 -110 was passed and became Tennessee law, leading the way for other states and cities to adopt a handicapped parking program with volunteer enforcement. At this time the group's presence in the community was becoming well known. They were making a positive difference. Contact was made with local school district principals to assist in enlightening students in the sensitivities of dealing with people with physical differences. If the youth of today could be educated, perhaps our next generation would not suffer the discrimination that is prevalent in today's society.

In the spring of 1997, the Tennessee Disability Coalition approached the Association with an offer of assistance with finances in the form of a small amount of federal funding. The first check was received in July, 1997. A private individual donated property to the "Tennessee Association for Disability Rights" to be sold to keep the Association financially sound. Other donations included a fax machine, a personal computer and printer. Reality slowly began to seep into the group's thought processes, it had indeed become a value-added Organization.

In the beginning, lives had dramatically changed in a negative way. The work of the Association proved to bring about many positive changes. The Association will continue to strive to educate and assist people who have suffered discrimination due to disabilities. It is the Association's firm belief that JUSTICE FOR ALL means just that!

Although individuals who have suffered discrimination will bear emotional scars for most of their lives, hopefully the Association has made a little bit of difference in educating the general public. The "Tennessee Association for Disability Rights" welcomes new members who share the same vision.

Authored by Members of the Tennessee Association for Disability Rights

Judy Halter, Gail Farmiloe, and Sandi Robbins

From ADA to Empowerment

Our Country doesn't have a person to waste and we must invest in each person's enormous potential by fully implementing the Americans with Disability Act. Bringing this law to life means empowering people with disabilities to make their own choices and creating a framework for independence and self-determination. Everyone can live a fulfilling and rewarding life if he or she is given the chance to contribute.

My administration is committed to shifting disability policy away from exclusion, toward inclusion, away from paternalism and toward empowerment. It is critical that our national disability policy recognizes that a disability in no way diminishes the rights of an individual to enjoy equal opportunity and self-determination.

"Our work is only beginning. I know that together we can fulfill the promise of the Americans with Disabilities Act and create a more inclusive society for all".

President Bill Clinton

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MITSUBISHI SETTLES ADA COMPLAINT

For the second time in less than three months, Mitsubishi Motor Manufacturing of America, Inc. agreed to a costly settlement with the Equal Employment Opportunity Commissions, this time to settle a disability discrimination case.

The $3 million will go to 87 applicants who were denied entry-level positions at Mitsubishi's Normal, Illinois auto assembly plant because the company perceived them to be disabled. The sum ranks as the largest out of court settlement of an EEOC case under the Americans with Disabilities Act since the law was enacted in 1992.

The EEOC complaint charged that Mitsubishi had a policy of categorically refusing to hire disabled applicants including people with diabetes, hearing impairments and asthma for entry level positions on the automaker's production line. The EEOC investigation was spurred by two complaints filed in 1994 and 1995. In one case, an East Peroria man who wore a hearing aid was hired as an associate (op tech/assembly worker) contingent upon a medical exam, then turned down after the exam even though his own doctor said he could work without restrictions, according to Jeam Kamp, supervisory trial attorney for the EEOC in Chicago.

The second case in Normal, Illinois. A resident was hired contingent on a medical exam. In the exam it was learned he had back surgery and he was subsequently turned down, despite his own doctors assertion that he could work without restrictions according to Jean Kamp.

Under federal law employers cannot fail to hire people because they believe them to be disabled, even if a person has a usability, the employer must focus on whether the individual can perform the duties of the job, with or without reasonable accommodation. If the applicant or employee requires an accommodation, the employer must make one, if it is possible without undue hardship.

The 87 applicants covered by the settlement will receive settlements ranging from $10,000 to $120,000. After the agreement was announced, Mitsubishi spokeswomen Gael O'Brian said, "we believed that we were in compliance with the Americans with Disabilities Act". "where we were not we have agreed to work with the EEOC to ensure that we fully comply". "With this agreement, we will be setting in place an appropriate revision of our polices, procedures and training related to hiring associates".

This settlement comes on the heels of a high-profile sexual harassment case against Mitsubishi, settled with the EEOC for $34 million the largest monetary recover in a sexual harassment case in the EEOC's history. That agreement, announced June II, settled in a federal lawsuit on behalf of 300 women whom the EEOC determined have been subjected to a sexually hostile work environment at the Normal, Illinois plant.

By Gail farmiloe

AOL Net Source

Disability Benefit (Kids SSI) Okayed by Panel

The House Ways and Means Committee skated through legislation that gifts from organizations such as Make-A-Wish Foundation would be exempt from children's calculations eligibility for Supplemental Security Income and Medicaid benefits. This is to make sure that certain poor, critically ill children do not lose their disability benefits.

Children, who receive cash from Make-A-Wish to spend at Disney World for instance, won't lose disability payments because his or her income rose for the month. The Current law affects only a few children each year but members said the law needed to be changed.

Republican Clay Shaw, chairman of the panel's human resources subcommittee said "We are fixing this problem, I only wish all our decision were so simple"

By Sandi Robbins

AOL News Source

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TENNESSEE WORKERS' COMPENSATION LAW

By

J. ANTHONY ARENA

The Tennessee Workers' Compensation Law was originally enacted in 1919. Prior to that time, an employee who was injured in an accident at work could only sue for negligence which required the employee to establish fault and afforded the employer defenses based upon the employee's own fault. In 1910, the New York Employers' Liability Commission found that the common law system provided only erratic, sometimes excessive, but generally insufficient compensation and concluded that the system was wasteful and inefficient.

The workers' compensation laws of Tennessee provide for cash-wage benefits and medical care to victims of work related injuries, so long as two conditions are present. First, the appropriate employment relationship must exist between the parties. Second, the injury on disability must have "arose out and in the course of employment" If these conditions are met, the employee is entitled to certain compensation without being required to demonstrate any fault. Likewise, the employer is denied traditional common law defenses. However, the employee is limited to the specified recovery and denied the right to a potentially more substantial common law measure of damages. The law thus represents a compromise between employer and employee interests. The law is designed to assure some compensation for loss of earnings and thus relieve society of the burden of caring for injured workers and their dependents. The expense is considered to be more properly a cost of doing business which is ultimately passed on to the consumer of a particular product.

When an employee receives a compensable work related injury, the law provides for numerous benefits which can be categorized into three broad groups; (1) medical treatment, (2) temporary disability benefits, and (3) permanent disability benefits.

MEDICAL TREATMENT

The law provides that the employer "shall furnish free of charge to the employee such medical and surgical treatment, medicine, medical and surgical supplies, crutches, artificial members, and other apparatus, including prescription eyewear, such nursing services as ordered by the attending physician and hospitalization, including such dental work made reasonably necessary by accident as herein defined, as may be reasonably required."

All work related injuries must be reported within thirty (30) days of the time that the employee reasonably knows or should have known that he has suffered a compensable work related injury. At that point, the employer is required to designate a group of three or more reputable physicians not associated together in practice, from which the injured employee shall have the privilege of selecting the attending physician. Some employers will simply send an injured employee to a certain doctor without offering a panel of three physicians from which to choose. Failure to designate three physicians does not automatically entitle the employee to obtain medical care from a physician of his own choice and seek reimbursement of those expenses from the employer. The employee should first go to a supervisor or human resource manager and request a panel of physicians if they are not satisfied with the initial referral. Only if the employer refuses to provide the names of three physicians is the employee then entitled to seek medical care on his own.

The employee is entitled to all reasonable and necessary medical treatment for a work related injury, as ordered by the attending physician for the rest of his or her life. However, if the one year statute of limitations expires before a claim for benefits is filed, the employee may loose the right to future medical benefits years later. That is why it is particularly important to report all work related injuries, and to establish the right to future medical benefits before the statute of limitations expires.

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TEMPORARY DISABILITY BENEFITS

Temporary disability benefits are paid a two-thirds of the average weekly wage, subject to certain maximums. Wages in excess of $19.00 an hour will subject the employee to the maximum rate of compensation. Therefore, the date of injury, as opposed to wages earned at the time of injury, is what dictates the "comp rate", or weekly rate for disability benefits. For injuries occurring between July 1,1998 and June 30,1999, the maximum weekly benefit is $515.00. For injuries occurring between July 1,1997 and June 30,1998, the maximum weekly benefit rate was $492.00. The maximum weekly benefit rate for prior years was $453.14, $415.87, $382.78, $355.87, and for injuries occurring between August 1,1992 and June 30,1993, $31 8.244.

Temporary total disability benefits are allowed during such time as the employee misses work to recover from the injury. No benefits are allowed for the first seven (7) days of disability but if disability extends beyond that period, benefits commence with the eighth day after injury. If the disability last as long as fourteen (14) days, then benefits are allowed beginning with the first day after the injury.

Some employees are also entitled to certain benefits through a Sickness and Accident Disability program. Sickness and Accident usually pays 100% of wages during the first thirty (30) days of disability, eighty (80%) per cent for the next thirty (30) days and sixty (60%) per cent for ninety (90) days of disability.

As an example, assume an employee sustains a herniated disc in his lower back on July 1,1995. The employee has back surgery and misses six (6) months of work. The employee will receive a combination of work comp and S&A benefits during this six (6) month period. The first $415.87 of weekly benefits is considered workers' compensation and is not subject to taxation. Anything between $415.87 and the full one hundred (100%) per cent provided for the S&A policy is considered disability benefits, and is subject to taxation. Likewise, when the benefits drop down to sixty (60%) per cent after ninety (90) days, the first $415.87 is considered worker's compensation and the remainder is considered disability.

When the employee returns to work six (6 months later), he is no longer entitled to worker's compensation or disability. At some point, the treating physician will release the employee from his care after reaching maximum improvement. Once an employee reaches maximum improvement, he is never entitled to temporary disability benefits again for the same injury even if he misses additional work in the future because of the injury. Any future lost time from work is paid strictly under S&A, all of which is subject to taxation. However, if there is any permanent impairment as a result of the back injury, then the employee is entitled to certain permanent disability benefits which are based upon the impairment rating.

PERMANENT DISABILITY BENEFITS

An impairment rating should be expressed as a percentage, by a qualified physician, and should be based upon a book published by the American Medical Association entitled Guidelines to the Evaluation of Permanent Impairment. Qualified physicians may differ on how to utilize or interpret the AMA Guides in assessing permanent impairment. Future articles will discuss the concept of "plaintiffs doctors" and "defense doctors", and the manner in which they attempt to manipulate the AMA Guides to fulfill their particular client's needs. For purposed of this article, we will proceed with the assumption that the treating physician properly utilized the AMA Guides and assessed a 10% permanent impairment rating to the employee who underwent back surgery.

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Under Tennessee Workers' compensation Law, the whole body is considered to be worth four hundred (400) weeks of benefits. Therefore, a 10% impairment rating equal forty (40) weeks of permanent disability benefits, at the rate of $415.87 per week, for a total of $1 6,634.80. This is not necessarily what the injured employee is entitled to receive, but it is generally considered the starting point in a workers compensation case. From there, the parties or their attorneys will try to negotiate a higher settlement and if one cannot be reached, they will ultimately go into Court and ask the judge to award a higher figure based upon disability".

In deciding how much to award in a permanent disability benefits, the Court will consider the injured employee's age, job skills, education, training, duration of disability, and job opportunities for the disabled, in addition to anatomical impairment. That is why an employee with a ninth grade education and no transferable job skills would likely get a higher award of disability benefits than an employee with a college education who may also have prior training in a less demanding occupation.

In this particular example, the most the injured employee could receive is twenty-five (25%) per cent permanent disability, which is 2.5 times the impairment rating. Based on a "comp rate" of $415.87 per week the employee would receive $41,587.00 in permanent disability benefits.

The" 2..5 cap" only applies to certain injuries such as those to the neck, back or shoulders. Generally, injuries to the arms, hands, legs or feet are not limited by the "2.5 cap." Also, if the employee in our examples does not return to work at the same or higher wages, than the "2.5" does not apply and the Court can award up to six (6) times the impairment rating which would equal $99,805.80 in permanent disability benefits. Again I wish to emphasize that the Court can award up to either 2.5 or six (6) times the medical impairment rating, which may or may not be appropriate. An employee, who successfully recovers from back surgery with very minimal restrictions and is able to return to work with little difficulty, may have a difficult time convincing a judge that he has a twenty-five (25%) percent disability.

The workers' compensation laws are complex and are constantly changing with much lobbing and debate on Capital Hill. The "caps" on awards went into effect on August 1,1992, and only apply to injuries occurring after that time. For injuries occurring after January 1, 1996, claims will be processed through an administrative agency as opposed to courtroom, and further changes in the law will likely occur after that time. In any event all work related injuries should be closely examined with proper understanding of the law in order to insure that the employee receives, substantially, all benefits provided for by the Tennessee Workers' Compensation Law.

J. Anthony Area 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. Canteeli, Tennessee court of APP-Is, Middle Section. For more information, you may contact him at (615) 244£610. Mr. Arena is not certified as a civil trial specialist by the Tennessee commission on continuing Legal Education and Specialization.

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Before You Can Make your Dream Come True, You Must Have A Dream

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Tap Your Resources

By

Parkay Sampson

Loosing your job for whatever reason at the time (termination, downsizing, disability, and outsourcing) has now become a savvy business mode. We, in this position must be know Jedgeable and quite aware of the pitfalls that lie ahead especially in situations where minority and blue-collar status of finances are involved. In correlation to my African American sisters and mother of years ago, I am reminded of how far we have come with our jobs, livelihoods, family, education, mothering etc. The loss of one's ability is devastating. Single parent families, economics and particularly our lifestyle changes drastically. Economic pictures for us have changed, as have family behaviors.

Depression generally steps in without our realizing the trails and tribulations that we are facing. Everything that we harbor, shelter and dream somehow comes to an end. The loneliness and questioning of one's self is highlighted at this time. Self-inventory constantly envelops us as life situations and families question us for being in a changed environment. There is also the stigma of not allowing in outsiders. A counselor or psychiatrist is out of the question. Personal family issues cannot be let outside the doors of you home. HOME! What about my home, food, and clothing? Strong family cultures and background come into play. The realization of personal facts and skills that we posses are standing there shouting, 'look at me again" Remember how creative you were when you combined meals to sustain the family out of practically nothing. We improvised in areas where you just ran to a discount store for a quick purchase"

I never sought assistance in so many areas before now. All kinds of resources and organizations are surrounding us to help in times like these. We're learning over again how to be flexible in our lives and we're sharing, opening up and talking. Yes talking about things that we held inside so tightly through guilt, shame or otherwise.

In these times see more of what my great-grandmothers and grandmothers were about in substance, attitude, love and pride. Strength and the ability to strive for a better way often open doors more so than in the past where we were working and having everything laid out for us.

The growth is enormous in all areas we utilize in everyday life. During this period, the family pulls closer, we're more flexible and open, sharing comes easier, and things start falling into place through perseverance. We find friends in the most unlikely places. Time which most of us didn't have is plentiful now. In addition to that, when self inventory is again taken there is insight, the possibility of a new career and most important of all, there is confidence. Knowing that we can continue in the strength of the generations before us and using the knowledge that was instilled in us and was gained through tenacity and inner strength allows the bonds to continue to keep us together. Our families, friends and doctors are the wealth. Tap these resources to overcome, uplift, enhance and continue.

VICTORY FOR MEMPHIS CENTER FOR INDEPENDENT LIVING (MCIL) IN

BANK ID DISPUTE

On July 26, 1997 on the seventh anniversary of the American with Disabilities Act (ADA) the MCIL sent letters to both Nations Bank and First Tennessee Bank. Both of these banks require a state issued driver license, and will not accept a State issued non- driver ID card as identification. The letter outlined what unequal service would mean to their customers in the Memphis area. First Tennessee Bank responded Very positively and expeditiously. They changed their policies to ensure inclusion for all American citizens not just in the Memphis area but throughout the state. Nations Bank on the other hand stated it would allow use of the State issued non driver ID if the person would disclose and verify their disability. The MCIL filed an ADA Title III complaint ( public accommodations) against Nations Bank the complaint contended that (I) it is discriminatory, to apply standards or criteria that either screen out or tend to screen out persons with disabilities, and (2) that the present practice failed to accommodate people with disabilities that didn't drive but held a valid non driver state ID. On June 10, 1998 the mediating attorney relayed that Nations Bank has ceased the requirement, and that the change applies throughout the United States.

CONGRATULATIONS TO TIM WHEAT & THE

MCIL FOR THIS VICTORY FOR ALL

AMERICANS.

By Richard Benavides

Resource ADA Pipeline

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COMMONLY USED TERMS IN EMPLOYMENT OF

PERSONS WITH DISABILITIES

Equal Employment Opponunity: Nondiscrimination in hiring, firing, compensation, promotion, recruitment, training and other terms and conditions of employment regardless of race, color, sex, religion, national origin or disability

Individual with a Disability: A person who has a physical or mental impairment that substantially limits one or more of that person's major life activities, has a record of such impairment or who is regarded as having such an impairment.

Major Life Activity: Basic activities that the average person in the general population can perform with little or no difficulty including caring for oneself performing manual tasks, walking seeing, hearing, speaking, breathing, learning and working.

Qualified Individual with a Disability: An individual with a disability who satisfies the requisite skill, experience, education and other job-related requirements of the employment position such individual holds or desires and who, with or without reasonable accommodation can perform the essential functions of such position.

Essential Job Functions: The fundamental job duties of the employment position that the individual with a disability holds or desires. The term "essential functions" does not include marginal functions of the position.

Reasonable Accommodation: (1) modification or adjustment to a job application process that enables a qualified applicant with a disability to be considered for the position such qualified applicant desires (2) modifications or adjustments to the work environment or to the manner or circumstances under which the position held or desired is customarily performed that enables qualified individuals with disabilities to perform the essential functions of that position (3) modifications of adjustment that enable a covered entity's employee with a disability to enjoy equal benefits and privileges of employment as are enjoyed by its other similarly situated employees without disabilities.

Auxiliary Aids and Service: Devices or services that accommodate a functional limitation of a person with a communication disability. The term includes qualified interpreters and communication devices for persons who are deaf or persons who are hard of hearing, qualified readers taped texts, Braille or other devices for persons with visual impairments, adaptive equipment or similar services and actions for persons with other communication disabilities.

Undue Hardship: With respect to the provisions of an accommodation, significant difficulty or expense incurred by a covered entity when considered in light of certain factors. These factors include the nature and cost of the accommodation in relationship to the size, resources, nature, and structure of the employer's operations. Where the facility making the accommodation is part of a larger entity the structure and overall resources of the larger organization would be considered as well as the financial and administrative relationship of the facility to the larger organization.

By Sandi Robbins & Gail Farmiloe

Imagine Not Hiring Someone Because They Have a Disability

If Franklin D. Roosevelt's disabling polio had stood in the way of his becoming president, history would have been altered drastically. Fortunately, he was reelected for the unprecedented three additional terms and his confidence and leadership gave Americans hope during the strains of economic crisis and world war.

By Melinda Bradberry

ACCOMMODATIONS GET THE JOB DONE

Accommodations are developed on an individual basis and in partnership between the person with the disability and the employer. This teamwork generally results in cost effective solutions. The elements to consider are:

(1) the job tasks that must be performed

(2) the functional limitations of the individual

(3) whether the accommodation will result in undue hardship to the employer

Creative solutions may involve equipment changes, work station modifications, adjustment to work schedules, assistance in accessing the facility and dozens of other possibilities, depending on the individual's particular limitations and needs.

Accommodations are modification or alterations often making it possible for a qualified person with a disability to do the same job as everyone else but in a different way. Some accommodations are simple adaptations other requires technically sophisticated equipment. The essential functions of the job and the functional limitations of the individual are what the employer and the employee want to match up. An employer should analyze the job tasks, basic qualifications needed to do those tasks and the kinds of adjustments that can be made to worker does the job is far less important than the out come ensure that performance standards will be met. The way the way worker does the job is far less important than the out come. Cost of accommodations are:

NO COST TO EMPLOYER 31%

BETWEEN $1.00 AND $50.00 19%

BETWEEN $50.00 AND $500.00 19%

BETWEEN $500 AND $1,000.00 19%

BETWEEN $1,000.00 AND $5.000.00 11 %

MORE THAN $5000.00 1 %

Data from several studies conducted by federal government agencies indicate first that only 22% of employees with disabilities need accommodations at the worksite. A second study detailed the average costs of accommodations as indicated in the chart Less than one quarter of employees with disabilities need accommodations and nearly 70% as such accommodations cost less than $500 per disabled employee. Employer's report that for every dollar spent on accommodations the company received $28 in benefits. What or should be common to all situations is that accommodations are always made on individual basis.

To receive guidance on specific problems and possible solutions call the Presidents Committee's Job

Accommodation Network at 1-800 526-7234 or 1-800-ADA- WORK (1-800-232-9675) or with computer and modem, 1-800-DIAL JAN (1-800-342-5526). JAN is a free service.

By Gail Farmiloe

Resource: The Consumer Law Page and Presidents

Committee on Employment of People with Disabilities.

WORKER'S COMPENSATION AMERICA'S SILENT SHAME

If workers can be denied worker compensation benefits because they didn't do something right, would it be unfair to deny employers of exclusive remedy when they do something that causes a worker to be injured?

Marge Palmer

Resource; National Coalition of Injured Workers

"THERE MAY BE TIMES WHEN WE ARE POWERLESS TO PREVENT JUSTICE, BUT THERE MUST NEVER BE A TIME WHEN WE FAIL TO PROTEST "

- Elie Wiesel

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DEPARTMENT OF JUSTICE AND EQUAL EMPLOYMENT

OPPORTUNITY COMMISSION SETTLEMENTS AND UPDATES

DELAWARE SPEEDWAY & HARNESS TRACK (DOVER) AGREES TO BECOME MORE ACCESSIBLE.

Under the agreement Dover Downs will among other things, make the outdoor grandstands accessible by adding wheelchair seating locations with companion seating, & accessible routes & ramps to these seating areas, provide designated accessible parking areas adjacent to grandstand entrances, and will develop a new policy for transportation of people with disabilities to & from the gates; make the restrooms serving the outdoor grandstands accessible to persons with disabilities, and ensure that the routes to the designated accessible restrooms are also accessible. Dover will also ensure that the facility is fully accessible to persons with disabilities, including lowering services counters & betting windows; train all employees regarding non discriminatory service of individuals with disabilities and pay $20,000 to the complainant.

HERTZ AND THE EEOC REACH ACCORD IN DETROIT. The Hertz Corporation and the United States Equal Employment Opportunity Commission (EEOC) announced on September 15, 1998 that they have agreed to settle a lawsuit under Title I of the Americans With Disabilities Act (ADA). The Settlement will end an appeal filed by the EEOC in March 1998, after the trial court granted Summary Judgment to Hertz and dismissed the complaint. The suit arose after Hertz dismissed two employees when it became dissatisfied with and terminated relationship with the employees' job coaching service after Hertz concluded that a job coach had engaged in unprofessional conduct. A Job Coach works with the developmentally disabled employees at the work site, training, overseeing, and helping them stay focused on the job. Under the Settlement terms the EEOC will drop its appeal & Hertz offered to reinstate one of the employees in a part time seasonal position and if needed Hertz will select a new job coaching service. Additionally, some back wages will be paid.

ARIZONA AND NORTH CAROLINA STATE AGENCIES AGREE TO NOT DISCRIMINATE.

School bus drivers in Arizona & North Carolina will no longer face discrimination in hiring or risk being fired just because they have diabetes, under two separate agreements reached on July 28~ with The Department of Justice. These agreements will fix policies based on a stereo type that people who have diabetes and use insulin are unsafe drivers This is just not true, said Acting Ass 't Atorrney General for Civil Rights Division Bill Lann Lee.

EEOC ISSUES GUIDANCE CLARIFYING RIGHT TO PROTECTION AGAINST RETALIATION

The EEOC released guidance on the prohibition against retaliation aimed at individuals who file charges of employment discrirnination or who participate in the investigation of EEOC charge. The Supreme Court addressed the issue of retaliation last year in Robinson V. Shell Oil Co. making it clear that employers are prohibited from retaliating against former employees as well as current employees for engaging activity protected under the employment discrimination laws.

NEW JERSEY HOSPITAL PAYS $700,000 IN SETTLEMENT TO DEAF PATIENTS FOR FAILURE TO PROVIDE INTERPRETERS.

The Jersey City Medical Center has agreed to pay $700,000 to four deaf New Jersey residents for tailing to provide interpreters, closed captioning, and tele-communications devices over at least a ten year period. The hospital will also implement policy changes to ensure that an interpreter in available day or night.

By Bob Millage

Resource: ADA PipeLine

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Allowed Extended Time for Tests Court Ruling Under ADA

After a New York Board of Law Examiner in 1993 denied a college teacher accommodation of extended time to complete test because she claimed she had a reading disorder the Federal Appeals Court ruled that law school graduates should have been given extra time to complete the State Bar Exam.

The teacher had asked for more time for the exam and sought permission to record her essays on tape and wanted to circle answers in the test booklet instead of using a computerized answer sheet. The Board refused and had an expert test and determine she had no reading disorder. The Appeals Court ruled the Boards decision was based on arbitrary standard of disability.

The decision says that just because someone finds a way to compensate for his or her disability doesn't take away the disability. Someone who takes medication or wears glasses to function well doesn't mean they are not disabled.

The teacher in her fifth attempt and the last attempt being with accommodations did fail the bar exam. More than 400 of the 8,700 people taking the July 1993 exam applied for special accommodations and about 320 of the applicants received them. The accommodations helped to offset learning disabilities and attention deficit disorders, orthopedic and vision problems.

The ruling would unlikely bring major changes to the Board's method of evaluating disabilities but it will become more difficult because people misinterpret a ruling and think everyone should be accommodated. The Board says they will be as fair as possible to everyone.

Sand Robbins

AOL News Source

INJURIES TO WORKERS

Since 1989 injuries to America's workers have more than doubled. More than twelve million job related injuries have hampered our work force and devastated families and businesses alike. It Is imperative that a new era of cooperation begin now.

By Gary Merryman

Resource: National Coalition of Injured Worker

THE ADA AND YOU

We must remember that the ADA is not a Quota law as some would have us believe. It is a civil/rights provision of federal law. This means that it was written into law to protect individuals who have traditionally and systematically been

discriminated against. This legislation was drafted to protect individuals who are at risk of being forced into segregated environments or who suffer

abuse as a result of stereotyping of prejudice. These social problems despite some improvements continue to be tremendous pervasive problems. The ADA was enacted to break down the barriers that society has erected mistakenly because some in society assume that when you have a disability your value is less. These assumptions cannot be allowed to continue because they are negative and foster ignorance. This doctrine separates fellow human beings and condemns many individuals to live lives filled with needless affliction and loss of productivity.

By Judy Ore

Resource: Community Resource for Integrity in Policymaking

(C.R.1. P.)

THE JOURNEY OF A THOUSAND MILES BEGINS WITH THE FIRST STEP

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BULLETIN BOARD

"A Feeding Program: Developing and

Implementing Outcome-Based Treatment"

Date: November 9, 1998

Location: Bell South Building, Nashville, TN

Time: 8:30 AM - 4:30 PM

Contact: High Hopes, Inc. (615) 269-6640

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"Cherish the Kids" is a silent and live auction of chairs designed and/or decorated by local artist, celebrities, and others

Date: Friday, November 6, 1998 Cost: $35

Location: The University Club Nashville Sponsored by: Kids on the block of Middle, Contact Cathy Thaden, Event Coordinator (675) 333-6356

THE TENNESSEE ASSOCIATION

FOR DISABILITY RIGHTS

P.O. Box 8021 Columbia, TENNESSEE 38402

Web Site http://www.tadr.org

e-rnail: millage@djis.net or galis.com

931-540-0100 (V)

615-292-7790 (TTD)

EXECUTIVE BOARD MEMBERS:

EXECUTIVE DIRECTOR - BOB MILLAGE,

ASSOCIATE DIRECTOR - GAIL FARMILOE

ADMINISTRATIVE DIRECTOR - SANDI ROBBINS

FINANCIAL DIRECTOR - JEFF KIPHART

COMMUNICATIONS DIRECTOR - JAMES WALDEN

MEMBERS AT LARGE;

PARKAY SAMPSON, TONY HARRIS, BRANDY WHITE, MELINDA BRADBERRY, GARY MERRYMAN, JUDY ORE, RICHARD BENAVIDES & STEPHANIE BLAIR, JUDY HALTER, MARGE PALMER

WE ARE A NON-PROFIT ORGANIZATION. ALL DONATIONS ARE TAX-DEDUCTIBLE.

PRINTING WAS FURNISHED BY COLLIER GRAPHICS, A MEMBER OF THE ALLIED PRINTING TRADES COUNCIL PHONE (615) 883-1400

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APT Security Service, Inc. Lois Shephard 1130 South Main Street Residential Sales Columbia, TN 38402 Representative Phone (931)-490-0013,,, Pager (931) - 486-8979 .

The Tennessee Association for Disability Rights are proud to announce their partnership in bringing

Disability News readers the best in Home Security Systems. ADT is offering to all our reader 0 down,

0 installation fee. Just bring in this article or mention our name to receive this special offer.

The Difference Between Success and Failure is Never Giving Up

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THE TENNESSEE ASSOCIATION FOR DISABILITY RIGHTS

P.O. Box 8021

COLUMBIA, TN 38402