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Volume 2.2 ~ The Award Winning ~ Fall, 1997
DISABILITY NEWS
The Fifth Annual Media Recognition Awards Luncheon
The Tennessee Association for Disability Rights is a Tennessee based non-profit organization. It's list of objectives include the education and awareness of the entire community to all aspects of the ADA.Our initial corporate goal was to publish a newsletter informing the public of their rights under the Americans with Disabilities Act, (ADA). At first, informative articles, printing and distribution seemed an insurmountable task on a shoestring budget. Enter Editor James Walden, task driver Robert Millage and a handful of dedicated, persistent and never-say-no individuals who recently saw a dream become a reality.
The location was Loew's Vanderbilt Plaza Hotel in Nashville. The event was the Fifth Annual Media Recognition Awards luncheon co-sponsored by BellSouth and featuring John Hockenberry, Author and NBC News Correspondent as speaker. John's presentation was enlightening, humorous and thought provoking as he related the obstacles he and others with disabilities must face in today's world. The Tennessee Disability Coalition, a statewide disability rights network, then presented awards to representatives of the television, radio and print industries that had best assisted in promoting awareness surrounding disability issues. Recipients came from Chattanooga, Memphis, Knoxville and Nashville. The Nashville Banner received three awards in the category of "Best Investigative Series", "Best Series Photography" and "Best Photograph-Print".
It was a distinct honor to have our Editor, James Walden receive the "Judges Choice Award for Grassroots Advocacy Newsletter for our publication, "The Disability News. This award again proves the old adage, "When there is a will, there is a way". We thank the Coalition for honoring our newsletter with this award. The recognition provides us with the encouragement and stamina needed to continue breaking down the barriers that have existed for far too long.
Jim would like to once again thank the Coalition for their recognition, notably Carol Westlake. During a recent meeting he related to his fellow Board members on the Tennessee Association for Disability Rights that this would not have been possible without their help and support. He stressed the fact that the future of equality in our community can best be secured by the continued commitment of placing helpful and useful information directly into the hands of our citizens. We must continue to remind everyone that equality is the law and no one should have to fight for it.
Judy Halter ,
INSIDE…
SUCCESS IN CHANGING STATE LAWS.
PAINLESS COMPUTER STATION SET-UP
ADA 7TH ANNIVERSARY CELEBRATIONS.
COLUMBIA PARKING PROGRAM UPDATE.
DISABILITY ETIQUETTE.
CHANGES IN E.E.O.C. POLICY.
J. ANTHONY ARENA : THE NEW DRUG-FREE WORKPLACE.
CITY OF COLUMBIA - UPDATE
On May 21, 1997 volunteers were officially sworn in by the City of Columbia, making it the First in the State of Tennessee to implement a program for volunteer handicap parking enforcement. This program enables trained volunteers to issue tickets to all handicap parking space violators. Also included with this training is the ability for the enforcement volunteers to visit local businesses and give them the necessary information to make sure their businesses are is in compliance with city ordinances.
As one of these volunteers, I would like to say that it has been a great experience to finally be out in the field doing exactly what I have been trained to do. As a volunteer it enables me to help the disabled community as I am doing my normal errands about the city.
During my many compliance visits to area businesses, I have been amazed at the inspiring responses by the business owners who are concerned and willing to immediately take action to make sure their parking areas are in compliance with the local ordinances.
Issuing tickets to handicap space violators raises social consciousness of disability rights issues. I have received many positive responses from people walking by and seeing me issue a ticket to a violator. I've been questioned by disabled and non-disabled people alike and asked in a very positive way how the program came about. Everyone thinks it's absolutely great that this type of program has been implemented in their community. I can honestly say I haven't received a single negative response, not even from a man who came out while I was issuing a ticket for his car.
The news of the handicap parking program has inspired many new inquiries from different agen-cies seeking information. There have been several articles written about this new program in the local newspapers, "The Daily Herald", "The Tennessean", and "The Nashville Banner", as well as an article in the next edition of Town and Cities magazine. The hope of this program is to have other communities follow our path and seek to help businesses and local disabled citizens in their areas.
Jan Bloustone of Nashville has been working diligently for several years trying to implement a similar handicap parking program in Metro Nashville. Jan has over 100 volunteers ready to go to work if only the city could come up with a handicap parking program that would best suit the needs of the Metro area. We hope the program in Columbia will help to inspire Mayor Bredesen to take a closer look at what is being accomplished outside Nashville and see the advantages that can be developed to help his own community.
I would like to thank the Columbia City Council, Maury County Commission, Columbia Police Department and all the people who took the time and effort to establish this "first" for Tennessee. It has enabled our disabled community members to enjoy a more positive life style and also gave us a very powerful tool in delivering the message of social awareness.
Sandi Robbins
Handicapped Parking
Enforcement Volunteer
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THE NEW DRUG-FREE WORKPLACE IN THE
STATE of TENNESSEE
By J. Anthony Arena
Effective July 1, 1996, Tennessee's Worker's Compensation Laws have been amended to include a new program dedicated to ensuring a drug free work-place. Although this new law has been inserted into the worker's compensation portion of the Tennessee Code, its implementation will affect various other aspects of labor relations.
The Drug-Free Workplace Program has been established for the specific purpose of deterring drug and alcohol use in the workplace. The new law does not require employer participation in the program but employers who adopt a Drug-Free Workplace Program in a manner prescribed by the Tennessee Department of Labor will qualify for a reduction m their worker's compensation insurance premiums. The new law also states that "The application of the provisions of these rules are subject to the provisions of any applicable collective bargain agreement." Apparently, this means that an employer whose work force is represented by a union cannot voluntarily implement a drug free work-place program without the agreement of the membership.
An employer who desires to initiate a Drug-Free Workplace Program must first go through an application process with the Department of Labor, then must provide its employees with a 60 day notice regarding the implementation of the program along with a written policy statement. Among other things, employees must be given a written statement which includes:
1. The types of drug or alcohol testing an employee or job applicant may be required to submit to;
2. The actions which the employer may take against an employee or job applicant on the basis of a positive confirmed test result;
3. A general statement concerning confidentiality;
4. Procedures for contesting or explaining a positive confirmed test result ; and...
5. The consequences for refusing to submit to a drug test.
The new law provides for a minimum of five circumstances under which an employer is required to test for drugs in order to obtain the benefits of the program. The five required testing circumstances are new job applicants, reasonable suspicion testing, post accident testing, routine fitness examinations for duty and follow up testing.
The first circumstance, new job applicants, appears limited to testing for drugs but not alcohol. The original version of the law included a requirement for testing of drugs and alcohol in all five circumstances, but concerns were raised about the impact of the Americans with Disabilities Act. The ADA classifies alcoholism as a disability but it does not give drug addiction the same protection. Therefore, there was concern that screening new job applicants for alcoholism would raise discrimination problems. Thus it appears new job applicants may only be tested for certain drugs.
The second circumstance under which an employer is required to test for both drugs and alcohol is the "Reasonable-suspicion testing", which means testing based on a belief that an employee is or has used drugs or alcohol in violation of the employer's policy. This will clearly be the largest subject of debate and potential controversy. The law states that the employer's "Reasonable suspicion" must be drawn from "specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience." Fortunately, the law does give some guidance and states that a reasonable suspicion may be based upon:
continued...
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1. Observations made at work, such as direct observation of drug or alcohol use or of the physical symptoms or manifestations of being under the influence of a drug or alcohol;
2. Abnormal conduct or erratic behavior while at work or significant deterioration in work performance;
3. A report of drug or alcohol use, provided by a reliable and credible source;
4. Evidence that an employee has tampered with a drug or alcohol test during his employment with his current employer;
5. Evidence that an employee has used, possessed, sold, solicited, or transferred drugs or used alcohol while working or while on the covered employers premises or while operating the covered employers vehicle, machinery, or equipment; or...
6. Information that an employee has caused, contributed to, or been involved in an accident at work.
The third required circumstance is post accident testing for drugs or alcohol. Employers who maintain a Drug-Free Workplace Program will be required to test a worker for drugs or alcohol anytime he or she is injured on the job. If the injured worker tests positive at a certain prescribed level, then the law presumes that the worker was injured because of the drug or alcohol and the employer will no longer be liable for the payment of any workers' compensation benefits. A positive test result provides only a presumption, but it will now be up to the employee to prove otherwise.
The fourth circumstance which requires mandatory drug testing is a routine fitness examination for duty. This circumstance will come up only if an employer requires annual or semi-annual physical examinations of its employees specifically for the purpose of determining fitness for duty. The Americans with Disabilities' Act has effectively rendered this situation obsolete for private employers. In all probability, this area of drug testing will be limited to public employees, such as police officers, fire fighters and the like.
The last category of mandatory screening is follow-up testing after an initial positive result. An employer is permitted to refuse to hire a job applicant or terminate a current employee under the policy authorized by the new law, but is not required to do so. If an employer does elect to hire or retain an employee who tests positive under the appropriate guidelines, then that employer is required to conduct follow-up testing at regular intervals.
Under the new law, there are certain types of drugs which an employer is required to test for and the new law provides a minimum cut-off level for the result to be considered positive. The minimum cutoff levels on initially screened specimens are as follows:
Amphetamines --------------------------- 1,000 ng/mL
Marijuana (Cannabinoids) ----------------- 50 ng/ml
Cocaine (Benzoylecgoinine) -------------- 300 ng/ml
Opiates (Codeine, Morphine, Heroin)----- 300 ng/ml
PCP (Phencyclidine) ------------------------ 25 ng/ml
This new law also provides minimums for prohibited levels of alcohol. A test is presumed positive if an employee tests .10% by weight blood alcohol concentration for a non-safety sensitive position, or .04% for a safety sensitive position. Again, the five drugs listed above, along with the presumptive positive levels are considered minimums. An employer may elect to test for additional specimens, but it is unclear at this time whether an employer has a right to decrease the presumptive limit for a positive result.
An employee who initially tests positive for the presence of drugs or alcohol is entitled to obtain confirmation testing at his own expense. However, the minimum cut~off levels referred to above are drastically reduced. While a subject of great controversy, the confirmation aspects of the new law along with the reduced presumptive levels is probably reasonable in light of the Program's policy of maintaining not just a drug-free workplace, but drug-free employees.
The State of Tennessee has established a full time director of the Drug-Free Workplace
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Program who can provide further access to all new rules and regulations.
For more information on the preceding article, contact:
Loren B. Frost,
Drug-Free Workplace Program Director
Department of Labor
Andrew Johnson Tower, Second Floor
Nashville, Tennessee 37243
(615) 532-2403
Attorney J Anthony Arena is a regular contributing writer for the Disability News He may be reached at:
Schulman, LeRoy & Bennett
501 Union Building Suite 70]
P.O. Box 190676 Nashville, TN 37219
615-244-6670
Program who can provide further access to all new rules and regulations.
For more information on the preceding article, contact:
Loren B. Frost,
Drug-Free Workplace Program Director
Department of Labor
Andrew Johnson Tower, Second Floor
Nashville, Tennessee 37243
(615) 532-2403
Attorney J Anthony Arena is a regular contributing writer for the Disability News He may be reached at:
Schulman, LeRoy & Bennett
501 Union Building Suite 70]
P.O. Box 190676 Nashville, TN 37219
615-244-6670
WORK RELATED ILLNESSES COST U.S.
Job-related injuries and illnesses are more common than most people believe, costing the nation at least as much as cancer or heart disease, a new report says.
From a report in the Archives of Internal Medicine, researchers combined many sources of government and other data for what are the first national estimates of job-related injuries and illnesses in a single year.
In 1992, about 6,500 Americans died and 13.2 million were hurt from work-related causes. That toll averages to 18 deaths and 36,000 injuries a day.
Occupational illnesses - such as lung diseases and lead poisoning - caused 60,300 deaths and 862,200 illnesses in 1992. That averages to 165 deaths and more than 2,300 new ailments every day.
Researchers note the new report probably underestimates the totals because injuries and illnesses are commonly undercounted.
In all, the direct costs of injuries and illnesses totaled $65 billion in 1992 ($178 million a day). Indirect costs - including lost wages - were $106 billion ($290 million a day). That made the total: $171 billion that year ($468 million a day). Dr. Linda Rosenstock, director of the National Institute for Occupational Safety and Health said, "This report should encourage the nation to put a greater emphasis on workplace safety". "We have tools for prevention in the workplace that sometimes just don't exist for other illnesses," she said from Washington. These are all inherently preventable illnesses and injuries.
TAKING GIANT STEPS
Association Board member, Jeff Kiphart has recently accepted the position of Executive Committee Member to the Tennessee Disability Coalition Board of Directors. Jeff is also serving as Chairman of the Development Committee for the T.D.C.
The Tennessee Association for Disability Rights is now a federally funded and technically recognized ADA contracted agency for the South Central Development District of Middle Tennessee.
Association members will be attending the 2nd Annual Injured Workers International Network Conference in New Orleans, LA on November 6-9th.
5
Disability Etiquette and Awareness
Read carefully, the following article can go a long way in erasing the uneasiness some of us feel when meeting another person with a noticeable disability. It can also serve to remind us that we must never mistake a persons physical appearance or ability with their fortitude to reach whatever goals they set for themselves. Embarrassment, pity and shame are simply ignorance in these situations. Education is once again the answer.
1. It's okay to shake hands when introduced to a person with a disability.
2. Treat adults as adults. Address people who have disabilities by their first names only when calling everyone present by his or her first name.
3. When greeting a person with a severe vision disability, always identify yourself and introduce anyone else who might be present.
4. When offering a handshake to a visually impaired person, say something like, "Shall we shake hands"?
5. Don't lean on a wheelchair. The chair is part of the body space of the person who uses it.
1. Speak directly to that person rather than through a companion who may be along.
2. Don't talk about the persons disability unless it's necessary or the person raises the issue in conversation.
3. Don't be embarrassed to use the words that seem to relate to a disability. "Walk this way." ; "See you later" or "Got to be running along" are common expression everyone uses.
4. If the person has a hearing loss, you may need to get the persons attention by tapping gently on the shoulder, waving your hand or using some other signal.
5. If the person is lip-reading, look directly at the person, speak slowly and clearly but don't exaggerate your lip movements or shout.
6. If the person has a vision impairment, be sure to let the person know if you need to end the conversation and leave. Never just walk away without an explanation.
7. Be patient and give your undivided attention especially when talking with someone who has difficulty speaking. Try to ask only questions that can be answered with short responses. Never pretend to understand what the person is saying, if you don't know. Instead offer a piece of paper and a pen.
8. If the person uses a wheelchair, try to sit down or kneel when carrying on an extended conversation in order to place yourself at that persons eye level.
When offering help to a person with a disability…
1. Wait until the offer is accepted. Then listen to or ask instructions.
2. If the person has a vision impairment or blindness, let the person take your arm. This will help to guide rather than propel or lead the person.
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What we have in common is far more important……. Than what divides us……..Bill Clinton
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THE ADA CELEBRATES IT'S 7TH ANNIVERSARY
The ADA celebrated its 7th anniversary on July 26, 1997. People with disabilities, advocates, care-givers, spouses and dependents gathered around the country in cities and towns everywhere to celebrate.
In Washington D.C. President Bin Clinton offered the following words of encouragement to our great nation.
Saturday, July 26 marks the 7th anniversary of one of our nations most significant civil rights laws -the Americans with Disabilities Act (ADA). This landmark law enacted with bipartisan support has opened doors and brought down barriers for 49 million Americans with disabilities. ft prevents discrimination on the basis of disability in employment, public services, public accommodations, transportation and telecommunications.
Although I used a wheelchair for only a short period after injuring my knee, I learned how small barriers, such as a step, a curb or a narrow doorway can stand in the way of an opportunity. ft was an experience that has taught me, as it has taught millions of others, that access benefits everyone.
While my experience can never truly make me understand the discrimination people. with disabilities face, I nonetheless gained a deeper appreciation for why the law is needed. The ADA is a wide ranging law that covers millions of Americans with disabilities, from people who are deaf or blind, to people with mental or mobility impairments. ft not only benefits those with permanent disabilities, but also millions of Americans who experience temporary disabilities, as I did earlier this year.
To make the law succeed, my Administration has been reaching out to all Americans to educate them about their rights and obligations under the law. We have also made enforcement of the ADA high priority. We have emphasized the need for businesses and governments to comply voluntarily, but we have not hesitated to take legal action against those who flaunt their obligations.
Across America, barriers in communication, architecture and attitude are tumbling. To continue this progress, communities and businesses must do more to ensure that all Americans, regardless of their disability, can live and lean, work and play alongside their fellow Americans.
TA.D.R. SUCCESSFUL IN CHANGING LAW
By Bob Millage
The Association, in the process of establishing the Columbia Handicapped Parking Patrol, discovered during research that the state law that allowed citizens to perform this service needed changes.
The first and most important change to be made was the population figures and forms of government that could implement a program. The next issue was whether people with disabilities that had chose not to have a handicap plate or didn't qualify, but still had a disability could participate.. Or whether spouses, dependents, or care-givers of people with disabilities should be allowed to participate in the program.
The Association, with the help of Maury County State Representative Bobby Sands, and Senator Keith Jordan introduced House Bill # 1731, and Senate Bill ft 1783 and were successful in changing the law to reflect a more conducive law founded on volunteerism. The new law was signed by Gov. Don Sunquist and went into effect on July 1, 1997
The process of lobbying for these changes required numerous legislative hearings, meetings, and almost continuous contact with our legislators. I would like to thank Association members Tony Harris, Steve Mills, Brandi White, Sandi Robbins. Legislators Bobby Sands and Keith Jordan, and the entire Executive Board of the Tennessee Association for Disability Rights who were all instrumental in proposing these changes and amending the law, and staying with the project until we had succeeded. Feel free to call us for more detail.
7
GREYHOUND PURCHASING
INACCESSIBLE BUSES
By Bob Millage
Tennessee ADAPT (American Disabled for Attendant Programs Today) members are asking that you join them in a continuing protest against Greyhound Bus Lines decision to spend 26 million dollars for buses that are not compliant with the ADA Accessibility guidelines. The total number of buses, 100 in all, will not be equipped with wheelchair lifts as mandated by federal law.
On August 8, 1997, people with disabilities and their advocates protested at bus stations throughout the country, including 40 major cities. 7 people were arrested in Memphis. The 100 buses are planned to be in service for the next 20 years.
Not only does this come as a slap in the face to all that the ADA stands for, but it also would seem to make bad business sense due to the growing number of disabled citizens in this country. According to the U.S. Office of Technical Assessment, accessible technology adds only 1% to the operating costs for the life of the vehicle.
Please contact your local Greyhound facility to complain, or contact: Deborah Cunningham or Tim Wheat at The Memphis Center for Independent Living at (615) 726-6404; or fax them at 726-6521
EEOC ISSUES POLICY STATEMENT DENOUNCING
EMPLOYMENT ARBITRATION AGREEMENTS
The EEOC has issued a policy statement supporting it's position against agreements that mandate binding arbitration of discrimination claims as a condition of employment. The agency released the statement as an increasing number of employers are requiring that applicants and employees give up their right to pursue employment discrimination claims in court. But courts, by establishing legal precedence, play an essential role in enforcing the ADA and other civil rights laws, the EEOC said.
“When employees are forced into private, employer designed Arbitration systems to resolve their Discrimination claims, there is no public accountability for decisions that are made, or for employers who violate the law", EEOC Chairman Gilbert F. Casellas said in a news release
In the policy statement, the EEOC reaffirms its support of voluntary alternate dispute resolution programs that resolve disputes in a fair and credible manner and are entered into after a dispute has arisen.
Source : Disability Compliance Bulletin VoL 10 issue 3
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IN RECOGNITION
The Association would like to take this opportunity to give a special thanks to Association Board Member Gail Farmiloe. Although Gail recently had major surgery on her back which left her immobile for most of the summer, she personally raised the fluids necessary to print this edition of The Disability News. Her effort and commitment is greatly appreciated by all Association members and stands as an example of what can be accomplished when you put your mind to it. Thanks Gail!
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SETTING UP YOUR COMPUTER WORK STATION TO PREVENT REPETITIVE STRESS INJURIES.
Excerpts from a report by Emil Pascarelli MD and Deborah Quilten
Let us begin with a warning, beware of products labeled "ergonomic equipment". Some products being sold as ergonomic health aids have been shown to actually be more dangerous that what they replaced. As an example, wrist rests cannot prevent carpal tunnel syndrome, they were designed initially to remind you to keep your wrists straight The name "wrist rests" is a misnomer. Think of them as wrist guides. Splints and splint-like gloves can actually cause injury or make a condition worse. You should always discuss the value of such products with your doctor before purchasing them.
The following is a basic guide to ergonomically correct work station set-up. There may be some initial discomfort until your muscles adjust to your new layout, but you'll soon be thankful you made the changes.
The Chair:
A good office chair must adjust to support your body comfortably and correctly. The seat must raise or lower so your feet rest firmly on the floor. The seat should be adjustable so your pelvis tilts slightly forward, allowing your spine to straighten. Your thighs should slope slightly toward the floor. The back rest should support the lower back. It is best not to have arm-rests on your chair because people tend to use them while typing. You should never type while resting your arms on anything - the edge of the desk, the wrist rest, or the arms of the chair. By resting your arms while typing you are actually forcing your hands to do all the work. The finger tendons are under enormous strain. Continuous pressure on the elbow may also lead to nerve damage. Although it may be difficult to adjust, your arms and hands should "float" above the keyboard.
If you use a kneeler-type desk chair, be sure that your shins are supported so you don't strain your knees.
The Desk/Keyboard:
Most desks are designed for writing, which makes them too high for keyboard use, so your desk should have a movable tray for your keyboard and mouse underneath the actual desk top. Add~n trays are on the market if your desk doesn't have one. Trays should be adjusted so that your forearm is parallel to the floor when you sit with your feet flat on the floor.
The Monitor:
The monitor should be positioned directly in front of you. if you look at copy, move your copy stand from one side to the other occasionally so you are not looking in the same direction all the time. Your copy holder should be as close to your monitor as possible to avoid eye strain going from one to another. Position your monitor so your eyes are level with the top of your screen. Angle your monitor as you would a book. It is very important that you not place your monitor too high. Having to tilt your head back will cause headaches. If eye strain is a regular problem, try turning down the brightness of your monitor.
Another, sometimes overlooked cause of eye strain can be indirect sunlight or excess lighting in your work area which makes the screen harder to read. Be aware of unconsciously assuming a cramped position to compensate for glare on the screen, you will eventually pay for this awkward position with muscle pain. Taking just a few minutes to examine your work area and eliminate undue glare on your monitor may save you trouble in the future. Antiglare filters that fit directly over the screen can be a good remedy for light problems.
The Keyboard:
The QWERTY keyboard has long been known to possess design flaws. It forces the user to use an unnatural and stressful palms down position (pronation). 15% of all human beings are unable to sustain pronation because of their anatomy. The keyboard "kickstand" has been proven to tilt the keyboard in the wrong direction, which forces the user to bend their wrists upward in an unnatural position. Even though these problems are well documented, keyboard manufacturers are still reluctant to make investments in new design until they're sure the market is there for them. One small bit of advice, if you find yourself stressed~out or angry while working, take a second to notice how hard you're hitting your keys. A lot of finger pain can be traced to a had day at the office. Finally, you should be skeptical of any claims that offer immediate improvements. Experts continue to disagree on what is improved design and what is actually worse. The decision will eventually be up to you.
9
FOR THE HEARING IMPAIRED
TITLE I APPLIES TO 401 K PLANS
Recently the Department of Justice issued a policy letter regarding employer provided 401 K plans. The issue at hand was whether an employer had the obligation to provide an accommodation to a hearing impaired employee while utilizing the services of a third party contractor.
The employer had contracted to have their 401 K plan administrated by a third party, by which all employees could call a toll free number to make changes to their plan. A hearing impaired employee had tried to utilize the service but found that they couldn't service him because they didn't have the technology in place to communicate with the hearing
impaired. The EEOC was contacted and responded. The agency explained that Title I of the ADA
requires that covered employers make reasonable accommodations so that employees with disabilities have equal opportunities to participate in fringe benefit programs with non - disabled employees.
In addition an employer can not relieve itself of the responsibility by contracting with an outside vendor to provide or administrate its fringe benefits. If a 401 K plan is offered as a benefit of employment, then its up to the employer to make sure that reasonable accommodations are provided either by the contractor or the employer itself.
APPLICATIONS FOR DISABILITY BENEFITS DON'T
BAR CLAIMS UNDER THE ADA
On February 12, 1997, the U.S. Equal Employment Opportunity Commission ~EEOC) advised that representations made in connection with an application for disability benefits should not be an automatic bar to a claim under Title I of the Americans with Disabilities Act (ADA). The Commission clarified it's position by issuing an enforcement guide on, "The Effect of Representations Made in Applications for Disability Benefits on the Determination of Whether a Person is a 'Qualified Individual with a Disability under the ADA".
EEOC Chairman Gilbert F. Casellas said, "It clarifies why a person may be able to meet the eligibility requirements for disability benefits and still be a "qualified individual with a disability" for ADA
purposes. The guide explains that the ADA's purposes and standards are fundamentally different from those of other disability programs such as social security, worker's compensation, and disability insurance.
It futher explains that public policy supports the conclusion that representations about the ability to work should not be an absolute bar to bringing an ADA claim.
A complete copy of this guidance may be obtained through the EEOC's web site:
www.eeoc.gov/pressl2-12-97.html ; or contact the Southeast DBTAC by telephone: (800-949-4232); by fax: (404-888-9091); or by e-mail:
sedbtac~ucpa.org.
THE EEOC ISSUES GUIDANCE ON PSYCHIATRIC DISABILITIES
On March 26, 1997, the EEOC released it's Policy Guidance Concerning the Application of the ADA to Persons with Psychiatric Disabilities. The guidance addresses the issue of what constitutes a psychiatric disability that is protected by the ADA. It makes clear that a qualified individual with a
psychiatric disability is covered by the ADA even if medication is taken to control the effects of the disability. Contact the EEOC at www.eeoc.gov/ - or call (800)-699-3362 or fly (800)-800-3302. You may also contact the Southeast DBTAC at (800)-949-4232.
10
New Casa Bill
By Bob Millage
A.D.A.P.T., a grassroots disability organization has been successful in swaying House Speaker, Newt Gingrich into introducing to the House of Representatives the “Medicaid Community Attendant Services Act of 1997” (CASA). The proposed bill, HR 2020 won't provide for complete consumer controlled community based services, but it will be a start in giving thousands of people a opportunity to live in mainstream society in their community, as opposed to being incarcerated in Nursing Homes, Developmental Institutions and back rooms.
To think we live in a society where people didn't have the choice before this ? That someone or some organization had to actually ask for what all Americans are guaranteed under the Constitution of the United States? The idea that not all Americans are created equal, that we all truly don't have the freedom of choice or speech? That America would want to spend more tax money to institutionalize people at a much higher cost, as opposed to allowing them to live in the community and to assist them through providing personal attendant services at a much lower cost.
And to think we all pay for that injustice through our tax dollars. Isn't it about time we demand that the peoples voice be heard, instead of the nursing home lobbyists.
We encourage you to call your U.S. Representatives in Washington. Send the message “give people the choice they're guaranteed under the law of this country, hear their voices”. The bill has yet to be introduced to the Senate. Please urge your representatives to support this bill.
You can reach your U.S. Representatives in Washington D.C. at - 1-800-962-3524
Your State of Tennessee Representatives can be reached at - 1-800-449-8366
Contact: Paul Ford, ADAPT Director at - (615) 269-8530
BOTH JUSTICE DELAYED OR JUSTICE IGNORED, IS JUSTICE DENIED!!
Justin Dart
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
SPOTLIGHT ON THE BUSINESS COMMUNITY
The following Columbia local businesses have recently installed appropriately marked handicap parking spaces at their facilities.
Hollywood Video Jones Furniture Citgo -Quik Marts
Texaco -Quik Marts Farm Credit Services Columbia Fire Dept
Columbia Police Dept Sunbeam Bakery Columbia Animal Hospital
Enterprise Car Rental Maury Northside Medical Complex Crown Liquors
Coca-Cola Dr. Fredericks - Dentist Office Max
Derryberry Pharmacy Pizza Inn Bi-Lo
Backyard Burger Shoneys Western Sizzlin'
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BULLETIN BOARD
The 2nd Annual Injured Workers International
Network Conference
New Orleans, LA.
November 6th-9th, 1997.
For more information contact: (504) 945-4500 or email: LIWU95@aol.com
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The Nashville Center for Independent Living
is sponsoring their 3rd Annual Golf Classic tournament
Wednesday, October 15, 1997.
at the Legends in Franklin, TN.
For more information contact: (615) 292-5803
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Brain Injury Association of Tennessee
is sponsoring a Nashville Conference on October 19, 1997.
For more information call: 1-800-480-6693
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The Tennessee Disability Cooperative will be sponsoring
an open house on November 20, 1997
in Nashville at 480 Craighead St. Suite # 200.
For more information contact: (615) 383-9442
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