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Volume 2.1 -------------------------------------------------------------------------------------Spring, 1997
THE DISABILITY NEWS
THIS NEWSLETTER WAS FURNISHED TO YOU BY: THE TENNESSEE ASSOCIATION FOR DISABILITY RIGHTS
Once again we'd like to give thanks for the opportunity to tell our story and Speak on the issue of disability rights.
Each of us has had to live, work, or nor work with our disabilities for an average of 3 to 7years now. Each of us also agree that these have been the hardest years of our lives.
We've witnessed, along with others, the unjust way some employers treat the physically handicapped. if America's commitment to disability rights stays strong, and the courts continue to enforce the laws, these "disposable employee" workplaces will soon he forced to change!
Having to face the discrimination around us all most daily, we each eventually came to realize that we only had two ways to react. We could succumb to depression, as most of us had, or we could react with anger, not violently but constructively
Each of us slowly came to realize that by working constructively with our anger, we could keep most of the depression at bay. Constructively meaning - using our heads and not our emotions. Using our heads to fight off the injustices one by one, giving ideas on how to change them and making it a goal to be prepared to confront them if they happened again.
Slowly we all began to gather the added strength of those around us. We began searching for people who like us, were looking for a way to channel their energy toward a common purpose. People who had visited that nightmare of depression and were looking for a hand to reach down and pull them up.
Each and every member of our Association is proud to say that we've had a part in reaching down for those hands as others had reached down for some of ours. The warmth that this brings is insatiable, and we recommend it to everyone.
To be able to help someone who needs support, direction, a shoulder to cry on, or just a friend to rely on. This is what feeds our cause. For one person to degrade and spiritually wound another to simply increase the profits of their business, is a battle that wilt be fought for many years. For the future of our children and grandchildren, discrimination will be fought until our last breath, and if we raise them right, their last breath.
This past year each of us were proud to have played a roll in the development of the Tennessee Association for Disability Rights. An organization of members dedicated to giving time and attention to anyone, anywhere that needs it. Please call us if you need direction, a helping hand, or just someone to talk to.
Thank you,
James Walden, Bob Millage, Jeff Kiphart, Sandy Robbins,
Gail Farmiloe, Melinda Bradberry, Judy Halter, & Tony Harris
INSIDE...
LOOKING OUT FOR AMERICA'S CHILDREN.
THE FAMILY & MEDICAL LEAVE ACT. SAVING YOUR JOB!
HISTORIC PRESERVATION & THE ADA.
TRUE FDR MEMORIAL. DON'T HIDE THIS MANS TRUE COURAGE
THE ADA & UNION RIGHTS.
PLUS MUCH MORE!
CITY OF COLUMBIA FOLLOW UP
By Bob Millage
As previously reported, the City of Columbia is taking the necessary steps to becoming the first municipality in the State of Tennessee to establish a program for voluntary handicap enforcement by their disabled citizens. Several area residents attended a training session on February 5, 1997 administrated by Sgt. Mike Ellis of the Columbia Police Department. Association members agreed that the content of the 4 hour training class, prepared by Sgt. Ellis, was assembled very well and was extremely thorough. Applicants are now scheduled to go through Conflict Resolution training, a background check, drug screening and an interview process before being officially sworn in.
The Columbia Police Dept. is working very hard to ensure that this program projects a positive sense of community, reminds us of the basic goodwill we all possess toward our fellow Americans, all while raising the social consciousness of disability rights issues.
We feel it should be brought to the publics attention that it has taken a "community effort" to help this innovative program take flight. There have been a great number of individuals who have donated large amounts of unpaid personal time to the success of this project. Here are just a few of those people: James Walden, Sandy Robbins, Judy Ore, Carmen Klapperich, Theresa Klapperich, Jeff Kiphart, Gail Farmiloe, Dave Chilson, Perry Pitcher, Brandi White, Melinda Bradberry, Candy Mayberry, Tony Harris, Mike Ellis, Barry Crotzer, James Boyd, Pat Troope, Ed Dooley, Bill Gentner, the Mayor, Columbia City Council Members, and the Maury County Commission.
All we have accomplished could not have occurred if just one of these key people were missing from this project. I applaud each and every one of the people on this list, and to the few I may have forgotten, I apologize. If you can identify with what these folks have done and are still trying to do, please stop when you see them, and tell them that you appreciate their efforts. If nothing else, it'll make 'em feel good.
As further developments take place within the program, we will keep you updated.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Big Hearted Businesses ~ Big Hearted Owners
Donations given by area businesses toward the parking program.*
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Target of Cool Springs - Donation of $50.00 General funding. Thanks to Kerry Burnsworth, Store Mgr.
We would like to encourage you to patronize all the businesses listed above who, like us, believe in the commitment of improving a community through education and inclusion of those with disabilities.
*These lists do not include contributors that wished to remain anonymous.
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by James Walden
The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 mandates new changes in the definition of disability and the process to be used by the Social Security Administration for determining a child's eligibility for SSI (Supplemental Security Income). The new definition requires more serious limitations in order for a child to be found disabled. It changes the way we look at certain behavior caused by a child's impairment and eliminates the individualized functional assessment.
In response to these mandated changes, the Social Security Administration is currently sending notices to some 300,000 children and their parents informing them that the SSA expects to review their case under the new law.
The New Definition of Disability for Children:
(1) The child must have a physical or mental condition or conditions that can be medically proven and which result in marked and severe functional limitations.
(2) The medically proven physical or mental condition or conditions must last or be expected to last at least 12 months or be expected to result in death.
(3) A child may not be considered disabled if he or she is working at a job that is considered to be substantial work.
Many parents may have concerns and questions about how these changes to SSI will effect them. By doing the following, parents can help to address these concerns and to facilitate the reevaluation process.
(1) Even if the child is found not eligible when re-evaluated, families will have the opportunity to appeal this decision and to continue to receive benefits during the appeal.
(2) If the child is found not eligible, SSI benefits will not stop before July 1, 1997, as long as the child meets all other eligibility rules.
(3) Parents should gather information about the child's disability, including; a. prescriptions or other medicines; b. hospital stays and/or surgeries; c. physician and/or clinic visits; d. services provided through the schools; e. names and addresses of service providers, including physicians, therapists, teachers, and counselors. After SSI benefits end, some
children may qualify for Medicaid under state programs. This new law does not effect any Social Security benefits the child may now get. If you have any further questions
about these SSI Program changes, please contact your state's SSA; or call Sheila Abrams-Jones of SSA at (410) 965-4005, TTY-(410) 965-3984; or contact Pat Hackett-Waters at the Institute for Child Health Policy (extension 241) or e-mail: Pat_Hackett_Waters@ qm.server.ufl.edu
Children's Defense Fund
The Children's Defense Fund has recently released a 26-page document summarizing legislation affecting children that was considered by the U.S. Congress in 1996. Topics include: welfare; family income; children's health; adoption; child protection; juvenile justice and crime prevention; gun regulation; and appropriations.
To those interested in receiving a copy, please send an e-mail or fax to Amy York of the CDF requesting the document. Please include your return postal address. Amy's e-mail is: <ayork@childrensdefense.org> , her fax is (202) 662-3540.
This document should also be available on CDF's web page, <www.childrensdefense.org> .
The Cold, Hard Facts:
(1). According to the U.S. Census, 10 million children - 1 out of every 7 American children are uninsured. We are the only industrialized nation in the world that does not provide health care to all it's people.
(2). The U.S. ranks 18th in keeping newborn babies alive to their first birthday. If we could match Japan's infant mortality rate, more than 15,000 American babies who died before their 1st birthday in 1994 would be alive today.
(3). Since 1980, an average of 900,000 American children each year have lost private health insurance (2,450 per day, 17,000 a week, one child every 35 seconds.) If this trend continues, just three years from now, two in five American children will lack private health insurance. (4). 90% of uninsured children have parents that work. Two-thirds of uninsured children live in families with incomes above the poverty level.
(5). Some estimates indicate that the new guidelines for SSI benefits listed above will add 185,000 children to the list of uninsured in America.
E-mail: <CDFupdate@childrensdefense.org> for more information on these issues.
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The FDR Memorial
During the planning and design stages of the Franklin Delano Roosevelt Memorial in Washington D.C., the FDR Memorial Commission took it upon themselves to purposely omit from the Memorial what is generally agreed to be the most central fact of the former President's adult persona and leadership, his disability resulting from polio in 1921, which required him to use leg-braces or a wheelchair during the later part of his life.
There has now been over a year of peaceful pressure by the National Organization on Disability (N.O.D.), of which President Clinton is Honorary Chairman, former President George Bush, various media commentators and several prominent historians, not to mention the pleas of eight Roosevelt grandchildren, to get the Memorial Commission to change their plans.
Michael Deland, N.O.D.'s Chairman has stated, "To deny FDR's disability in the Memorial is to set back efforts to assure acceptance of people with disabilities in American life.”
Probably the best expression of this point of view was in a letter released by Anne Roosevelt on behalf of eight Roosevelt grandchildren. This is that release:
He (FDR) developed his strength of character, determination and discipline most distinctly as a result of having polio. We want him remembered as he was, in all his strength, courage and humanity. He would be comfortable, perhaps eager, in light of current increased understanding of disability issues, to share awareness of his disability with others. We urge an adequate inclusion of all facets of the man as he was, not as some think he ought to have been.
On January 8, 1997, some 25 disability commu-nity leaders and representatives from across the country called on the office of the FDR Memorial Commission. The Commission responded by closing down early for the day. The group then caucused in the hall and drafted a message formally requesting a memorial that commemorates FDR in his wheelchair, showing that the country he served as president is proud of him, disability and all. Not doing this is a true disservice to the diversity of American culture and only reinforces the stereotypes which people with disabilities still face everyday.
The Franklin Delano Roosevelt Memorial is due to open this May on the Tidal Basin near the Jefferson Memorial in Washington D.C. It should be a Memorial to a man who faced adversity, lived it and conquered it.
Information in this article was gathered in part, from the JCIL Report (Jackson Center For Independent Living) in Jackson, Tennessee, as well as the Justice For All Organization.
Do You Trust Your Doctor?
Confirming a physicians educational back-ground has recently became a little more easier. A recent study by a managed care plan found that on average, "5%" of physicians that had applied for employment had falsified their applications with phony credentials.
In another study, "12%" of all "specialists" did not have the standard board certification for their claimed specialty.
The American Medical Association has recently assembled it's files on 650,000 physicians and put them on the World Wide Web. Access is free at:
http://www.ama.assn.org.
If you are seeing a specialist, the doctor's certification by a specialty board can be verified by a "toll free" call. For medical doctors, call: 1-800-776-2378. For osteopathic doctors, call: 1-800-621-1773, ext. 7445.
A California company, Medi-Net promises to provide disciplinary records from all the states as well as several Federal agencies on any doctor licensed in the United States. Costs are $15 for the first doctor and $5 for each additional doctor. Call: 1-888-275-6334. Filed charges are not listed unless some sort of disciplinary action was taken against the physician.
Please remember that these are small percentages and don't in any way represent the majority of the medical establishment. Physicians are just as honest as you and I.
News For The Deaf
DEAFDIGEST and SILENT NEWS are two separate publications - both operated independently of one another. DEAFDIGEST is a weekly newsletter sponsored by the SILENT NEWS and is e-mailed free of charge each weekend to subscribers interested in the everyday dealings of someone who is deaf.
E-mail your DEAFDIGEST subscription requests to: barry@clark.net .
For SILENT NEWS subscriptions, send $20.00 for a one year subscription to:
SILENT NEWS
133 Gaither Drive, Suite E
Mt. Laurel, NJ 08054-1978
You may fax an order with your credit card number to: (609) 802-1978
4
THE FAMILY AND MEDICAL LEAVE ACT
an overview by James Walden
The Family and Medical Leave Act of 1993 was developed and adopted for these 6 reasons:
1. the number of single-parent and two-parent households in which the single parent or both parents work is increasing significantly;
2. it is important to the development of children and the family unit that fathers and mothers be able to participate in early childrearing and the care of family members who have serious health conditions;
3. the lack of employment policies to accommodate working parents can force individuals to choose between job security and parenting;
4. there is inadequate job security for employees who have serious health conditions that prevent them from working for temporary periods;
5. due to the nature of the roles of men and women in our society, the primary responsibility for family caretaking often falls on women, and such responsibility affects the working lives of women more than it affects the working lives of men; and
6. employment standards that apply to one gender only have serious potential for encouraging employers to discriminate against employees and applicants for employment who are of that gender.
The purpose of this act is to balance the demands of the workplace with the needs of families, to promote the stability and economic security of families, and to promote national interests in preserving family integrity. It entitles employees to take reasonable leave for medical reasons, for the birth or adoption of a child, and for the care of a child, spouse, or parent who has a serious health condition. All this in a manner that accommodates the legitimate interests of employers.
It was developed to generally ensure that leave is available for eligible medical reasons and for compelling family reasons on a "gender-neutral" basis. To promote the goal of equal employment opportunity for all women and men.
General Requirements for Leave:
The term "eligible employee" means an employee who has been employed for at least 12 months by the employer, and has acquired at least 1,250 hours of service during such time.
There are certain exclusions. Any employee who is employed at a work site with less than 50 employees or the total number of employees within a 75 mile radius of that work site is less than 50. Various exclusions apply to some federal officers and employees
Employment Benefits on Leave:
Employment benefits shall remain the same during leaves of absence. The term "employment benefits" means all benefits provided or made available to em-ployees by an employer, including group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits and pensions, regardless of whether such benefits are provided by a practice or written policy of an employer or through an "employee benefit plan".
Entitlement to Leave:
Eligible employees shall be entitled to a total of 12 workweeks of leave during any 12 month period for one or more of the following:
1. because of the birth of a son or daughter to the employee and in order to care for such son or daughter;
2. because of the placement of a son or daughter with the employee for adoption of foster care;
3. in order to care for the spouse, or a son, daughter, or parent of the employee, if such spouse, son , daughter, or parent has a serious health condition;
4. because of a serious health condition that makes the employee unable to perform the functions of the work position.
Entitlement to leave for the birth or placement of a son or daughter shall expire at the end of the 12 month period beginning on the date of such birth or placement.
If an employee fails to return for any other reason than (1) the continuation, recurrence, or onset of a serious condition that entitles the employee to leave or (2) other circumstances beyond the control of the employee, the employee may be responsible for repaying the employer for the continuation of their benefits during their initial 12 weeks.
Intermittent Leave:
Leave taken for the birth or placement of a son or daughter, as well as their care shall not be taken by an employee intermittently unless the employee and the employer agree otherwise.
Leave taken for the care of the spouse, son daughter, or parent of the employee, or the employees own serious health condition can be taken intermittently when medically necessary.
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The taking of leave intermittently or on a reduced leave schedule shall not result in a reduction in the total amount of leave to which the employee is entitled beyond the amount of leave actually taken.
If an employee requests intermittent or reduced schedule leave that is based on foreseeable medical treatment, the employer may require such employee to transfer "temporarily" to an available alternative position offered by the employer for which the employee is qualified, provided the position has equivalent pay and benefits and better accommodates the recurring periods of leave than their regular employment position.
Substitution of Paid Leave:
An eligible employee may elect, or an employer may require the employee to substitute any of the accrued paid vacation leave, personal, medical or sick leave, or family leave of the employee for any part of the 12 week period of such leave. An employer is not required to provide paid sick leave or paid medical leave in any situation in which such employer would not normally provide any such paid leave. When all alternative forms of pay have been exhausted, the remainder of the 12 week leave may be taken without pay.
Requirement of Notice:
In any case in which the necessity for leave is foreseeable based on an expected birth or placement, the employee shall provide the employer with (1) not less than 30 days notice before the date of leave is to begin, (2) of the employee's intention to take leave. The only exception being that if the date of the birth or placement requires leave to begin in less than 30 days, the employee shall provide such notice as is practicable.
In any case in which the necessity for leave is foreseeable based on planned medical treatment, the employee shall make a reasonable effort to schedule the treatment so as not to disrupt unduly the operations of the employer, subject to the approval of the health care provider of the employee or the health care provider of the son, daughter, spouse, or parent of the employee, as appropriate. The employee, when practical, shall provide 30 days notice of a foreseeable medical leave.
Certification for Leave:
In regards to the caretaking of a son, daughter, spouse or parent, an employer may require that a request for leave be supported by a certification issued by the health care provider of the eligible employee or the son, daughter, spouse, or parent of the employee, as
appropriate. The employee shall provide, in a timely manner, a copy of such certification to the employer. Such certification must state: (1) the date on which the serious health condition commenced; (2) the probable duration of the condition; (3) the appropriate medical facts regarding the condition; and (4) a statement that the eligible employee is needed to care for the son, daughter, spouse, or parent and an estimate of the amount of time that such employee will be needed to care for that individual.
In regards to the employee taking leave for themselves, a statement saying the employee is unable to perform the functions of the job they currently have. An employer may require, at their expense, that the employee obtain the opinion of a second health care provider designated or approved by the employer. In any case in which the second opinion differs from the opinion of the original certification, the employer may require, at their expense again, the opinion of a third health care provider designated or approved jointly by the employer and the employee. The opinion of the third health care provider will be binding on the employer and the employee.
The employer may require that the eligible employee obtain subsequent re-certifications on a reasonable basis.
Restoration to Position:
Any eligible employee who takes leave under this Act shall have upon return, their position of employment restored that they held on commencement of the leave, and to be restored to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment. There shall not be any loss in regards to benefits. Upon return, employees are not entitled to accrued seniority, nor any right, benefit or position not normally attainable to them while working
The preceding information was furnished to me by Tuke Yopp & Sweeney, Attorneys at Law. For further information contact your employer or the T.A.D.R.
Update : In late January of this year, President Clinton urged Congress in a radio address to expand the family medical leave law to allow workers to take up to 24 hours of unpaid leave a year to attend parent-teacher conferences or take a child to dental or medical appointments.
The President said, "By expanding family leave…we can enable millions more of our Americans to meet their responsibilities both at home and at work. Our society can never be stronger than the children we raise or the families in which we raise them."
To date, over 12 million Americans have taken advantage of the Family and Medical Leave Act.
6
The ADA, Concerning Union Rights
Compiled by Sandy Robbins from the ADA Core Curriculum
What obligations does a union have under the ADA and the National Labor Relations Act, (NLRA)?
The employment discrimination provisions of the ADA apply to labor unions both as employers and as bargaining agents. In the past, the courts have found under Title VII (which prohibits employment discrimi-nation based on race, sex, national origin and religion), that a union must not interfere with an employees religious observations when the accommodation does not violate the collective bargaining agreement. It's very likely that the courts will impose a similar requirement on unions under the ADA.
Federal labor law imposes a duty of fair representation on unions, that is, they must act reasonably, in a non-discriminatory fashion and in good faith, with respect to the employees they represent. This duty of fair representation may include assisting an employee in obtaining a reasonable accommodation, or cooperating with the employer in attempting to determine a reasonable accommodation within the bargaining unit and the terms of the collective bargaining agreement.
How does the ADA effect Unionized employers?
Private sector employers who have unionized employees are also subject to the National Labor Relations Act. The NLRA provides, among other things, that the union is the exclusive representative of the employees, and the employer is prohibited from dealing directly with employees concerning terms and conditions of employment. The NLRA prohibits an employer from implementing any change in terms or conditions of employment without first negotiating that change with the union. The ADA prohibits employers from entering into collective bargaining agreements that discriminate against the individuals protected by the ADA.
Is an employer required to meet it's obligations under the ADA and NLRA?
Yes, the legislative history of the ADA shows the Congress considered the unique problems created by collective bargaining agreements and intended that the provisions of an agreement be dovetailed with the duty of reasonable accommodation under the ADA. Similarly, the General Counsel for the National Labor Relations Board
(NLRB), the government agency charged with the enforcement of the NLRA, has stated that to the extent that a reasonable accommodation does not effect terms and conditions of employment, for instance, putting in a ramp, a desk on blocks, Braille signage, or providing an interpreter, the employer does not have to negotiate with the union representing the employees. The union however, must be part of the process of determining a reasonable accommodation where the accommodation would cause a material, substantial or significant change in working conditions.
What proactive approaches are available for employers and unions to meet the requirements of the ADA and NLRA?
The potential conflicts between the ADA and NLRA may be lessened or eliminated through collabora-tive long-range planning by unions and employers, and thereby protecting the interests of unions and all their members under the terms of a collective bargaining agreement, as well as statutory mandates.
Employers and unions can create a cooperative environment with respect to their obligations under the ADA and NLRA. The employer and union could decide to utilize informal accommodations for a person with disabilities within the unit.
Employers and unions might also decide to establish a committee of an equal number of management and union representatives to deal with ADA issues. This joint committee could develop factors for evaluating a requested accommodation, assist in the determination of the essential functions of the job and determine the accommodations available, and how the accommodation would effect other members of the bargaining unit.
What is an essential job function?
Where a collective bargaining agreement identifies functions that must be performed in a particular job, the agreement, like a job description, may be considered as evidence of what the employer and union consider to be a jobs essential functions. However, just because a function is listed in a union agreement does not mean that it is an essential function. The agreement, like the job description, will be considered along with other types of evidence by the courts.
The terms of a collective bargaining agreement may be relevant in determining whether a particular accommoda-tion would cause an employer undue hardship. An example would be: If a union contract contained physical require-ments for a particular job that screened out people with disabilities who were qualified to perform the job, and these requirements are not job-related and consistent with business necessity, they could be challenged as discriminatory by qualified individuals with disabilities.
7
Historic Preservation and the A.D.A.
compiled by James Walden from the ADA Core Curriculum
The definition of historic property : property that is… 1. On or eligible for the National Register of Historic Places. 2. Designated as historic by State or local law.
In achieving program accessibility in Historic Preservation Programs, public entities must give priority to methods that provide physical access. Only in extremely rare circumstances will historic properties remain inaccessible, and even then the ADA mandates access to the programs and services contained within those structures. Alterations to historic properties must comply with the historic provisions of the ADA Standards for accessibility design or the Uniform Federal Accessibility Standards*, to the maximum extent feasible.
*ADA Standards are up-dated UFAS.
When planning alterations to a qualified historic property, it is necessary to consult with the appropriate historic body with jurisdiction, such as the State Historic Preservation Officer or the local Government Historic Program certified by the state. In addition, it is strongly recommended that the consultation process include people with disabilities.
The first step in the process is to identify the architectural elements that contribute the most to the property's historic significance. Those elements that are not of primary importance offer the best opportunities for providing access. The design that offers the greatest independent access, the least historic impact, and that complies with the applicable design standards is the design that should be used.
Maximum conformity to ADA Standards (or UFAS, as above) must be adhered to unless… 1. It is not technically feasible to do so.
2. It would threaten or destroy the property's historical significance.
There are minimum levels of accessibility. They are :
1. An accessible route to the historic property. In the case of historic landscapes, this route would be through the property, where pedestrian access is permitted.
2. An accessible entrance into the historic property. It is permissible to provide a steeper ramp at the entrance for a limited grade change. The accessible entrance may be an alternate entrance, as long as it is open when the general public entrance is open, and signage is provided. A remote monitoring system may be used when security is a problem.
3. An accessible route to all publicly used spaces on the accessible level. An accessible route shall be provided to all levels whenever required.
4. If toilets are provided within a facility, then an accessible toilet must be provided on an accessible level. (May be more than one or one unisex).
The decision to use minimum requirements must be made in consultation with the State Historic Preservation Officer or certified local government historic preservation programs, if the SHPO so delegates. Interested persons, including persons with disabilities, should also be consulted.
Both Title II (public) and Title III (private) regulations contain provisions for the rare instances when even minimum accessibility cannot be provided without threatening or destroying the historic significance of a property. In these situations, alternative methods of providing access to the program or service within the historic property may be allowed.
Title II (public) properties. Public entities that cannot comply with the alteration requirements of the ADA Standards or UFAS because the modifications would threaten or destroy the historic significance must provide program accessibility to the goods, services and activities within the property.
Title III (private) properties. Private entities that cannot comply with the requirements of the ADA Standards because the modifications would threaten or destroy the historic significance must use alternative methods to provide access, such as relocation, modifications of policies, or offering the goods or services in an alternative manner. Example: The presentation (video) of the items within an inaccessible room which could be viewed in a nearby accessible room in the museum.
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BRANCHING OUT !
Recently our association was to submit an article on our success with the City of Columbia regarding the volunteer enforcement of handcip parking. The artilce "A First in Tennessee" written by James Walden, TADR board member and editor of "The Disability News" will run in the SouthEast Disability & Business Technical Assistance Center publication "The ADA Pipeline". The pipeline is distributed in eight states and has a circulation of more then 12,000.
8
SOLIDARITY 2000
A VISION OF "JUSTICE FOR ALL"
The following article was written by "Justice For All" representative and founder Justin Dart. To date, Mr. Dart has held "four" presidential appointments. He was very instrumental in the development of the ADA Amendment and was at President Bush's side during the official signing of that law. He is perhaps one of the most prominent figures in the fight for equality for those with and without disabilities, an advocate for the rights and freedoms of all Americans. The TADR is proud to have personally met this great American and would like to pass along to you his organizations vision for the year 2000 and beyond.
IN THE FUTURE:
AMERICA UNTIES. AMERICA GOES FORWARD to invest in the empowerment of all it's people to have full potential for productivity, self determination, and good health. Government, businesses, families, and taxpayers will profit. America will be immeasurably strong, helping us to compete in world commerce and the world of ideas.
PEOPLE WITH DISABILITIES ARE NOT A TRAGIC MINORITY. WE ARE A MAGNIFICENT MAJORITY. The majority of Americans will triumph over death to live with a disability at some point in their lives. Every family will eventually have members with disabilities. Decades of concrete results prove beyond any doubt that we have the potential to be fully effective contributors to the economy and the culture. Yet for most of us, that magnificent potential is severely limited by obsolete attitudes, systems, and policies. Eventually, the life of every family, of every individual is diminished. Public policy that doesn't meet the needs of people with disabilities, doesn't meet the needs of anyone.
AMERICA SHOULD PROTECT AND IMPLEMENT THE ADA and all civil rights laws. Increase investments in enforcement, and especially in education to inform citizens, businesses and local governments of their rights and obligations. Increase investments in legal services that give ordinary people access to real and equal justice.
EDUCATION FOR ALL. Reauthorize the IDEA with strengthened federal guarantees that all children with disabilities will receive free and appropriate education in the least restrictive environment, and with all existing due process protections in place. Guarantee lifetime educational options including higher education that enable all Americans, with and without disabilities, to meet the challenges of an age of exploding change and complexity.
HEALTH CARE FOR ALL. Defend and strengthen Federal guarantees of Medicaid and Medicare, and other positive programs at the national, state and local levels. For the long term, establish Federal guarantees of comprehensive, quality health care for all Americans. Guarantee consumer choice of doctors and treatments. No forced treatment.
LIFE FOR ALL. Establish federal guarantees of our right to live. Rationing health care and vital personal assistance services and assisted death, are not options of civilized society. Holocaust! Each human life is sacred.
FREEDOM FOR ALL. Establish Federal guarantees of consumer controlled, long term home and community based services that empower all Americans to live and participate in their communities in manners of their own choosing. Let no American ever again suffer enforced isolation in an institution, a nursing home, a back room or any other place.
JOBS FOR ALL. Reauthorize the Rehabilitation Act in a form that streamlines the process, that maintains the integrity of independence oriented services, that makes services available to all that need them, that mandates full consumer choice and control. Eliminate disincentives to work in the Social Security, and Health care systems. Create a continuum of integrated empowerment services including supported employment that results in real jobs with real salaries for all with the ability to work.
DIGNITY FOR ALL. Establish federal and local welfare laws that encourage and empower Americans to work, and at the same time, guarantee lives of dignity to all who truly have no other resource including poor children with and without disabilities. Cuts in SSI payments to children with disabilities must be restored.
COMMUNITIES FOR ALL. Housing, transportation, technology, and communications, all essential public and private facilities and services should be required by law to be accessible and affordable to all people with universal design. No segregation of any government at all. Cut the paternalism out of government, absolutely! Weaken the authority of the USA to protect and empower its citizens? Never! Create government that empowers the people, all the people, not just the governors, and the health care companies to produce the culture and to make the decisions that determine their lives.
Continued…
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RESPONSIBILITY FOR ALL. BALANCE THE BUDGET. We can do it without hurting anyone, if everyone pays their fair share. No tax cuts for the wealthy until everyone is receiving quality health care and basic empowerment services.
PRESIDENT CLINTON, MEMBERS OF CONGRESS, AMERICANS! WE OF THE DISABILITY COMMUNITY will cooperate 100% to strengthen free enterprise democracy. We will cooperate with individuals, business, and government at all levels to create common sense solutions that are good for all. We will not be second class citizens anymore. We will live free and equal in our communities. We will fight till the end of time for equal access to the American dream.
AMERICANS! WE HAVE A PROFOUND RESPONSIBILITY TO EVERY 21ST CENTURY HUMAN IN THE U.S.A. AND IN THE WORLD. Because every individual, every family in the world will be affected by disability. Because the U.S.A. is a roll model for the world. The world will follow our lead. We have promises to keep.
AMERICANS! LET US RISE ABOVE PARTY, PERSONALITY, AND TURF. Let us reject the politics of special interest, hospitality, and retreat. Let us unite in a politics of principle, love, and inclusion, politics that empowers all Americans to live up to their God given potential. Let us go forward in the spirit of Washington, Jefferson, Lincoln, Martin Luther King, Ed Roberts, Wade Blank, and Elizabeth Boggs.
AMERICANS! LET US ONCE AGAIN PLEDGE OUR LIVES, OUR FORTUNES, AND OUR SACRED PROMISE: ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. AMERICA FOR ALL!
The Justice For All organization can be reached at: jfa@mailbot.com
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Legislative Update
by Bob Millage
The Individuals with Disabilities Education Act…
…is an act that was signed some 20 years ago by former President Ford to ensure that the days of segregation, exclusion, and denial of educational opportunity for children with disabilities would end. It is a civil rights statute, and is guaranteed by the protection clause of the 14th amendment of the United States Constitution.
In the battle for reauthorization many issues have arose, such as whether a school district should go to every extent possible to insure that all children with disabilities be afforded equal access to quality education based on severity of disability, or whether a child having a behavior orientated disability should be precluded from equal access to education because they have been deemed by unqualified teachers, principles, and other school officials as being disruptive. There are other changes that place further restrictions on a student in a learning environment.
The reauthorization was attempted in the 104th congress, and failed to pass simply because they ran out of time. Senator Bill Frist was Chairman (and should be commended on the effort he put forth) in the last session when it was dealt with by the Subcommittee on Disability Policy. The Subcommittee has now disbanded.
This issue and all others dealing with disabilities will be dealt with by the full Senate Committee on Labor and Human resources. The members are: Senators: James Jeffords (Chair); Edward Kennedy; Bill Frist; Dan Coats; Judd Gregg; Mike Dewine; Mike Enzi; Tim Hutchison; Susan Collins; John Warner; Mitch McConnell; Tom Harkin; Barb Mikuliski; Jeff Bingaman; Paul Wellstone; Pat Murray; and Jack Reed.
Please call or write these legislators and tell them that you support "EQUAL OPPORTUNITY TO QUALITY EDUCATION FOR ALL, IN THE LEAST RESTRICTIVE ENVIRONMENT". Tell them to please hold field hearings on this issue so that as many people as possible can have their voice heard and participate in the process. They all can be reached at: 1-800-962-3524.
Workmen's Compensation.
Don't forget about Saturn Corporations own Amendment to the Workmen's Compensation Act. House Bill # 2943 removed certain compensatory rights for Tennessee employee's and their families. Please call your Representative now, and let him or her know that this bill must be repealed if they are to truly represent the best interests of the voting workforce, and not the lobbyists.
Maury County citizens can call Bobby Sands at 741-4153, House Speaker Jimmy Naifeh at 741-3774, or Senator Keith Jordon at 741-2495. Or you can call the legislative administration services at 741-3569 to find out your representatives number.
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Illness on the Job adds Insult to Injury
by Gail Farmiloe
With illness comes discrimination for many workers. Workers suffering from a serious illness, chronic condition or work related injuries say they often experience discrimination that is very real, yet sometimes hard to pinpoint. Many workers hesitate to seek legal help because they fear retaliation and being labeled as troublemakers.
Illness in the workplace is a growing concern for employers and workers alike. As the workforce ages, more instances of injury and illness are expected. As the Americans with Disabilities Act goes into it's sixth year, employers can expect more litigation. Courts will be grappling with what constitutes a disability and what kinds of accommodations an employer must make.
Accommodating a disability means much more than simply building a ramp. Employers are starting to realize, sometimes with a courts help, that a disability may not be visible to the eye. They are starting to understand that conditions such as carpal tunnel syndrome and other R.S.I.'s, diabetes, cancer, arthritis, epilepsy, spinal cord (both back and neck) are indeed real disabilities.
Earlier this month, a Flint, Michigan jury awarded Thomas Lewis, a truck driver, $5.5 million because his employer (Ryder Systems, Inc.) fired him rather than reassign him to another job after he had a seizure. The verdict is the largest award won by the Equal Employment Opportunity Commission for a single plaintiff.
Juries are composed of real people, and they are often going to judge a disability case on how they would want to be treated themselves, in the same situation.
A 1996 study of cancer patients and their work supervisors shows a huge gap in understanding. Middle management and supervisors were far more concerned about lost time at work due to cancer symptoms and the side effects from it's treatment. Cancer patients them-selves reported only a fraction of the concerns their supervisors expressed.
Often, supervisor concerns win out. Workers with cancer are "five" times more likely to be laid off than other workers, the study found, and about "15%" of the workers had their duties reduced or reassigned after their initial diagnosis.
Supervisors unknowingly expect their workers to display the once common side effects of cancer treatment such as fatigue, infection and nausea. In many cases today, fewer than half of the employees experience those symptoms. One third of the supervisors interviewed said they expected to soon replace the ill employee.
There is a gap, and it is not insubstantial, between what the workplace thinks and what the worker knows. There are many myths out there, and many uneducated people in middle management and supervision that still use them as primary information.
President Clinton said in 1992, " In a competitive global economy, our country does not have a single person to waste. Opportunity must be open to everyone… I believe our entire nation will share in the economic and social benefits that will result from the participation of all Americans with disabilities in our society".
In order to accomplish this we must educate people. Upper and lower management will need proper training and guidance as well as their fellow employees. They will also need to be open minded and creative. Remember to treat others as you would want to be treated yourself in the same situation.
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Need a Job? Good Advice from Alabama
During our last public meeting on November 17, 1996, Rodney Trimble of Decatur, Alabama was seeking answers on how he should react to the discriminating job interview he had recently been part of. In the process of exchanging information, Mr. Trimble shared with all in attendance some very good advice concerning a job search.
While using your state unemployment office to look for a job, the key word to remember is "persistence". Call or visit your local office as much as you can. Alternate between calling and visiting to save yourself time and effort. By constantly reminding them that you are serious about finding a job, you will stand a better chance of having your name come to mind when an opening does become available. Mr. Trimble also suggested asking to see the same interviewer every visit. It makes for a more personal relationship that may make them more willing to go that extra step in finding you a job.
He also shared another good idea. Plan your employment office visit just before their lunch. Let them know that you are sitting there waiting for them to come back. Let them know what sacrifices you are willing to make to get a job. This should tell them that if they put a little more effort into their work, not only will you be happy with your new job, but they'll be happy knowing they helped someone who really wanted to be helped.
It's sort of sad that anyone has to go to these measures to get help from their government. It's a commentary on our culture that you have to prove yourself more worthy than your neighbor to receive help that should be equal to all.
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IAM CARES
The Re-Employment Center
Julie Huber, Project Director Preparing people with disabilities to enter or re-enter the workforce, get employment, and keep it!
Proactive Education for Employers
1161 Murfreesboro Road Suite 330
Nashville, Tennessee 37217
Phone: (615) 399-0025 or fax: 399-7906
Got Some Extra Time
Saddle Up!
Is a therapeutic horseback riding program for children who are mentally or physically challenged. Volunteers are needed on SATURDAY mornings to lead a horse or walk beside the horse to support a child while he or she rides. If you would like to be part of this program call Susan Wade at: (615) 794-1150
Lead Poisoning !
The Alliance to End Childhood Lead Poisoning has released a number of materials related to lead hazards.
For more information, please contact them at:
227 Massachusetts Ave. N.W. Suite 200
Washington, D.C. 20002 ; E-mail: aeclp@aeclp.org
Phone: (202) 543-1147 ; Fax: (202) 543-4466
United Cerebral Palsy has an extremely long list of wheelchair ramps that need to be built. Some skills and tools required. Call Randy Smith at: (615) 242-4091
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OUR GREATEST GLORY IS NOT IN NEVER FALLING, BUT RISING EVERY TIME WE FALL
CONFUCIUS 483 B.C.
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Tennessee Association for Disability Rights
P.O. Box 8021
Columbia, TN 38402
http://members.AOL.com/millage01/millage.htm
e-mail- Millage01@aol.com
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