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Volume 3.1 ~ The Award Winning ~ Spring, 1998
DISABILITY NEWS
A GRAND GESTURE!
Every once in awhile, an individual comes along that is willing to go that extra mile to make a positive difference in the lives of others. This story is about one such individual. His name is Les Lazarus. Les works in skilled trades at the Saturn plant in Spring Hill, TN.In a recent conversation between myself, Les and Bob Millage, Les told us that he owned 10 lots at a nearby resort called Hidden Valley Lakes. Hidden Valley Lakes is a recreational/camping facility located approximately 15 miles outside Centerville, TN.Les related to us that he wasn't quite sure what he was going to do with the properties. Bob jokingly said, "You can always donate them to the Tennessee Association for Disability Rights". We couldn't believe what we heard next. Les said, "That's a great idea, I could donate them to the Association and you could sell them and make some money for your organization." To say the least, we were shocked! Being a non-profit organization dependent almost entirely on donations, we were overwhelmed by such a generous gift.After some paperwork and a trip to the Hickman County courthouse, the 10 lots were deeded unconditionally to our Association. Bob and I both consider ourselves very fortunate to be personally acquainted with a person such as this. An individual who feels the need to give a part of themselves to further the cause of making positive differences in the lives of others. Thanks Les!!Authors note: Hidden Valley Lakes consists of approximately 1500 acres and 9 lakes. There are 6 restrooms, a pool and a bathhouse (all accessible). Along it's boundary is the Willamette Wildlife Management Area which offers excellent hunting. There are also numerous summertime, family-oriented activities such as hayrides, fireworks, cookouts, etc…Anyone interested in purchasing a lot can contact the Tennessee Association for Disability Rights at the numbers listed on the back of this newsletter. All profits will go directly toward the betterment of our disabled community. Jeff Kiphart
INSIDE…
THE EFFECTS OF STRESS ON THE LEARNING DISABLED
NEW CENTER HELPS IN YOUR SEARCH FOR THE RIGHT RESOURCES
ROTATING SHIFTS, GOOD FOR YOU OR THE COMPANY?KIDS BENEFITS CUT!
YOUR VOICE, YOUR GOVERNMENT!
PLUS MUCH MORE…
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
CUMULATIVE ADA CHARGE DATA
JULY 26, 1992 - MARCH 31, 1997
Total ADA charges received during this period: 81,595"
Impairments most often cited, ------Number, --------% of total,
Back Impairments "14,639", 17.9 ------------Emotional/Psychological Impairments "10,487", 12.8-------- Neurological Impairments "9,095", 11.1----------- Extremities "7,491", 9.2------------- Heart Impairments "3,345", 4.1 -------Diabetes "2,927", 3.6-------------- Substance Abuse "2,663", 3.3------------ Hearing Impairments "2,303", 2.8 ---------------Blood Disorders "2,132", 2.6----------------- " HIV, Subcatagory of Blood Disorders" "1,451", 1.8 ------------Vision Impairments "2,112", 2.6 -------Cancer "1,920", 2.4--------- Asthma "1,400", 1.7
" This is not a complete list; therefore, percentages do not add up to 100%"
ADA violations most often cited,---------- Number,----------- % of total,,,
Discharge "42,582", 52.2---------------- Failure to Provide Reasonable Accommodation "23,310", 28.6-------- Harassment "10,023", 12.3 ----------------Hiring "7,791", 9.5 ----------Discipline "6,487", 8------ Layoff "3,761", 4.6 ------Promotion "3,180", 3.9------------- Benefits "3,098", 3.8---------- Wages "2,830" ,3.5 -------Rehire "2,736" 3.4, ----Suspension "1,840", 2.3
This list adds up to more than 100% because individuals can allege multiple violations.
LOOKING OUT FOR THE CHILDREN
A recent study by the General Accounting Office shows that children are the losers when employers cut workers health insurance. Between 1989 and 1995, the percentage of children with health care coverage fell from 73 % to 66 %. That translates into 5 million kids. The report also notes that what employees must pay to keep their families covered has skyrocketed In 1988, premium contributions from employees in medium to large firms averaged $60 per month ($720 a year) for family coverage. By 1993, the numbers had jumped to $107 a month ($1284 per year).
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Social security officials have found evidence that the government improperly terminated disability benefits for many poor children, misinformed parents of their legal rights and actively discouraged some parents from appealing the decisions.
To remedy that situation, officials plan several changes. They said they would help parents find lawyers and would probably send notices to thousands of families giving them a new opportunity to challenge the loss of cash benefits.
Children who appeal have a good chance of success. They have won restoration of benefits in more than half of the appeals decided to date. But many families have missed the deadlines for appeals.
Jerome Shestack, President of the American Bar Association, said that because of misleading and inaccurate information disseminated by the Social Security officials, “parents have lost their rights without really knowing that they had rights.” Local Bar Associations, working with Social Security officials, are scrambling to set up toll-free numbers in every state.
Alarmed by the rapid growth of the disability program, Congress tightened the eligibility criteria when it passed the 1996 welfare law. President Clinton issued a relatively strict interpretation of the new standards last February.
The benefits, paid under the supplemental security income program, average $436 a month, or $5,232 a year. They help families pay for food, clothing, shelter and the extra costs of caring for disabled children.
Social Security officials have reexamined 236,586 children and cut off disability benefits for 60% of them, or 142,395. Also, the government has denied 225,578 new claims or 68% of those filed since Clinton signed the law.
The preceding information was furnished by the New York Times News Service.
DISNEY PROVIDING SERVICES FOR THEIR DEAF AND HARD OF HEARING PARK GUESTS
The Justice Department and Walt Disney World have made an agreement under the Americans with Disabilities Act to ensure that people who are deaf or hard of hearing can fully enjoy the services and facilities at their two parks.
The agreement calls for providing sign language interpreters and captioning systems for more than 100 moving rides, parades and stage performances. The agreement covers The Magic Kingdom, Epcot and MGM-Disney in Orlando, Florida and also includes Disneyland in Anaheim, California.
Before reaching the agreement, Disney had already began captioning or interpreting a limited number of it's presentations and offering assistive listening systems which increase volume for hard of hearing guests.
Disney will also use rear window captioning. Under this innovative system, individuals can look through a Plexiglas window at their seat to view the text. The captioning is not visible to others in the audience.
Let's hope that other theme parks and attractions follow suit with the same innovation and cooperation and open their entertainment to all American people.
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Employing and Accommodating Individuals with Histories of Alcohol and Drug Abuse
Researchers commonly divide drug and alcohol consumption into three levels or stages of use: Use, Abuse and Dependence. While the use of drugs and alcohol does not generally rise to a level of an impairment that constitutes a disability, abuse and dependence do. Drug and alcohol abuse is characterized in intensified, regular, sporadically heavy use. Dependence is characterized by compulsive or addictive use.
Both the Diagnostic and Statistical Manual and the International Statistical Classification of Disease, Injuries and Causes of Death classify drug and alcohol abuse and dependence as treatable illnesses. These manuals also provide criteria for diagnosing drug and alcohol abuse and dependence that focus on psychological, behavioral and cognitive symptoms.
People with past drug or alcohol problems are protected from job discrimination, as are persons with current alcohol problems who are able to perform their job or jobs. The only individuals with drug and alcohol problems who do not have the same rights as others with disabilities are those who currently use drugs illegally.
Although individuals with current drug problems are not protected, the ADA specifically protects those that are participating in a supervised drug rehabilitation program or have completed a treatment program, been rehabilitated through self-help groups, employee assistance programs, or any other type of rehabilitation, and are no longer using drugs.
In addition, the ADA protects individuals who are erroneously perceived as abusing drugs, such as individuals who have had drug problems in the past and are still perceived as being drug dependent but currently are not.
Workplace drug testing programs also create a pool of individuals who may be erroneously perceived as being drug dependent. The ADA prohibits discrimination against individuals who are erroneously regarded as engaged in the illegal use of drugs because of a "false positive" drug test, but are not engaged in such use.
Individuals with current alcohol impair-ments are protected against discrimination like any other individual with a disability. Alcohol is not considered a "drug" under the ADA, and therefore, the current abuse of alcohol does not exclude an individual from the ADA protection.
Individuals with current alcohol impair-ment, like any other individual with a disability, must be able to perform the essential functions of the job to be protected against discrimination. In addition, the ADA specifically permits an employer to hold employees to the same performance and conduct standard applicable to all employees.
Accommodations for individuals will vary depending upon the requirements of their jobs.
Some employees will need not accommodation, but simply a change in attitude regarding what an individual with a past drug or alcohol impairment can do. It is important to under-stand that such individuals are able to perform all jobs safely, including safety-related jobs and that they pose no risk to others solely because of a past addiction.
An employer's most important obligation under the ADA is to evaluate an individuals ability to do the essential job tasks while making sure that those essential functions are within the law.
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LIFE IS NOT HOLDING A GOOD HAND, BUT PLAYING A POOR HAND WELL .
T. MARTIN
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NEW DISABILITY INFORMATION SERVICE UP AND RUNNING
If you or someone in your family has a disability and you have trouble finding related information or an appropriate service, the new Tennessee Disability Information and Referral Office can help.
The service provides a single place for Tennessee families or agencies to call for information about disabilities and referral for services and family support. The state wide toll-free number is 1-800-640-INFO. The local Nashville number is 322-8529. Persons with hearing impairments can call on a TTY 1-800-273-9595.
Many agencies across the state help persons with disabilities and family members find information and services, according to Wanda Willis, Executive Director of the Tennessee Developmental Disabilities Council. The Council is funding this new service.
“The council saw there was a need for a single place to call for help when individuals or agencies can't find the information or services they need within their usual networks, or when they don't know where to begin,” said Ms. Willis.
Carole Moore-Slater, the project coordinator, said that the office provides comprehensive information and referral for services and support for persons with all types of disabilities, regardless of when they occurred or the cause.
Ms. Moore-Slater said that persons with disabilities, their families, teachers, health care or other service providers can call the toll free number. The caller describes the specific needs, services and/or supports sought.
Once an appropriate referral is identified- and sometimes there may be more than one- Ms. Moore-Slater provides the caller the information. She checks back later to make sure the referral has been useful.
The Disability Information and Referral Office is located at Vanderbilt University's John F. Kennedy Center.
ROTATING SHIFTS: HOW TO SURVIVE THEM
By James Walden
Recently, I came across a book that I thought might give a little more insight into the problems that generally occur to people when they are required to work a swing shift or rotating work schedule.
Twenty-five million people in the United States work these shifts, and more than half of them report poor health due to sleep problems.
Sleep Secrets for Shift Workers & People with Off-Beat Schedules—the first book of it's kind to address the unique problems shift workers face—helps people improve the quality of their sleep so they can lead happier, healthier, and more productive lives.
Written by David Morgan, a researcher in sleeping disorders, this book is highly recommended by the Vancouver Hospital and Health Sciences Center. Dr. Jonathan Fleming, MB, F.R.C.P., Co-director of the Centers' Sleep Disorder Program has said, “This well-written self-help book should be required reading for both the novice and the seasoned shift worker”.
According to the author, there are seven steps to solving the problems associated with these work schedules. Each of the seven steps or categories outlined in the book address a number of topics common to its title.
Examples include:
Sleep Secrets for Shiftworkers & People with Off-Beat Schedules is available in softcover for $12.95 from Pfeifer-Hamilton Publishers.
E-mail: < > or call toll-free: 1-800-247-6789.
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HAS GOVERNMENT HEARD YOUR VOICE LATELY?
“A popular government without popular information, or the means of acquiring it, is but a prologue to a farce or a tragedy or perhaps both. Knowledge will forever govern ignorance, and a people who mean to be their own governors must arm themselves with the power which knowledge gives.” James Madison, 1822
Both the Tennessee General Assembly and Congress convened their most recent sessions in January. That means that it's a very busy time for citizens who choose to participate in our democracy by staying involved and knowledgeable about policy issues that face people with disabilities. Every citizen who has a disability, or has family or friends with disabilities needs to become knowledgeable and needs to participate with their government. Public policy often seems distant, esoteric, and dry. How-ever, laws and regulations and other policies, while seemingly distant, have very real and very specific impacts on our day to day lives.
Think about the Individuals with Disabilities Act. Before this federal law, school systems could, and often did, exclude children with all kinds of disabilities from public schools. Without the Americans with Disabilities Act, it is doubtful that relay systems for the deaf would be available in every community. It is a state law that protects the rights of people with disabilities who live in “group” homes to live in the neighborhood of their choice. These laws, and many others, only passed because everyday people worked both individually and together to participate in their government, exercising their freedom to have their voices heard. Has government heard your voice lately?
This year there are many, many proposals facing both Congress and the General Assembly that could have an impact on people with disabilities. Learning about what is being proposed and obtaining information about it's effects will allow you to speak with authority and impact, to gain more control over what happens to you, your family and friends. Here is a short list of a few important policy issues.
The REHABILITATION ACT AMENDMENTS of 1998. The Senate Labor and Human Resources Committee introduced the re-authorized Rehabilitation Act, S. 1579 on January 28, 1998. According to it's sponsors, the bill streamlines the Vocational
Rehabilitation system, eliminates unnecessary requirements on state agencies, and improves the provision of services that lead to more jobs and better jobs for individuals with disabilities. This total overhaul of the Vocational Rehabilitation system needs careful attention to identify it's potential strengths and weaknesses as a tool to assist people in independent living as well as getting and keeping employment.
The 1998 BUDGET. President Clinton has submitted a budget proposal to Congress. The first budget in years that has a surplus. It addresses many areas that effect people with disabilities; from increased spending in education, child care, enforce-ment of civil rights, research, buy-in to Medicare, health care protection and more. Yet, none of these additions are a “given” without our working for their passage.
MiCASA. H.R. 2020 is the bill introduced by Speaker Newt Gingrich on behalf of ADAPT. The bill amends Title XIX of the Social Security Act, Medicaid and creates a new Medicaid service called Qualified Community Based Attendant Services. This program would allow people to receive long-term care services in their own homes rather than requiring them to move to nursing homes. This bill has strong support from the disability community, but it will only pass if that support is very public and very vocal.
On the state front, the most important issue related to Tennesseans with disabilities is the proposed consolidation of the Department of Mental Health and Mental Retardation into simply the Department of Health. This proposal comes from the Governor and is contained in S.B. 1925/ H.B. 1827. An alliance of 40 not-for-profit agencies that care about and serve people with disabilities have banded together to oppose this consolidation which buries the needs and concerns of people with disabilities deep in a massive health bureaucracy which does not understand their issues and services. The administration has been pushing hard to accomplish the consolidation in practice, even without the legislation being passed. The only thing that has held off this consolidation has been people like you, working to have their voices heard by their legislators and other leaders.
Working together, they have made a big impact at Legislative Plaza. Every legislator has heard from individuals like this in his or her home district and knows about the bill and about the feelings of the disability community toward it. We are steadily gaining support for our cause.
A number of other bills being considered by the General Assembly deal with issues of long-term care and home and community based services. These bills are the result of the hard work of advocates for the elderly and disabled who have banded together to make a difference. Look for S.B. 2195, 2411, 2338 and 2412.
There are a variety of health care bills and education bills that directly impact the disability community. Bills that would establish insurance and coverage parity between physical health services and mental health services are important bills to watch.
What are the issues that interest you? Have you spoken to your Senator and Representative about them? Voting is an important privilege and responsibility in our democracy. So are other forms of participation, especially speaking up and communicating with policy makers.
Exercise your citizenship, assert your influence, speak your mind. Has government heard your voice lately?
Carol Westlake is the Executive Director of the Tennessee Disability Coalition, (TDC). She is one of states most dynamic disability advocates. Her experience spans over every issue of disability, from ADA to IDEA to Managed Care.
“Disabled” persons are not always what many people expect, and most are eager to become meaningfully employed and avoid public subsidy.
That is the message of Ron Dougherty, rehabilitation assistant for the Tennessee Vocational Training center in Columbia.
The Center, one of 19 such centers throughout Tennessee under the state's Department of Human Services, Division of Rehabilitation Services, works with disabled persons to prepare them for or introduce them into the workplace. Services offered include evaluation, work adjustment training and job placement.
The Center serves adults and high schools in Maury, Hickman, Lewis, Marshall, Giles and Lawrence counties.
Most of the adults the Center serves are people who have undergone a traumatic experience causing either physical, mental or emotional disabilities. Disabilities might include schizophrenia, clinical depression, panic attacks, mental retardation or learning disabilities, as well as the obvious physical traumas, according to Dougherty.
The center offers it's customers training and reinforcement of their ability to re-enter the workforce. In addition to job training, the office works to build confidence and self-esteem to help the disabled workers succeed.
“It's such a comprehensive program in what it does in getting them into a working environment and enriching their livelihoods,” Dougherty said. “We find employers are more comfortable with that type of individual as opposed to someone off the street with no training.”
“Placement can be difficult at times because of the competition in this area, Dougherty explained. “We need employers to buy into the concept of hiring people with disabilities.
According to the training centers' records, customers of the center collectively earned about $184,000 in annual wages in 1995 – making a substantial contribution to the county. And feedback from employer's shows they are extremely well satisfied with the workers they hire through the program. “After job placement we still monitor them for 90 days to be sure they're doing OK. If there's a learning disability involved, we'll supply them with a coach. It's rare that we have a failure,” Dougherty said.
A continuing difficulty the center faces each year is funding for the program. Although supervised by the state, the center receives no state funding. “We struggle every year on our funding. We must depend heavily on local contributions from the city and county governments, the United Way and civic or individual donations,” Dougherty said.
The Tennessee Vocational Training Center is located at 206 Wayne Street Columbia, TN 38401 or phone: 380-2550.
President Clinton signed an executive order on March 13, 1998 to create an “aggressive national policy” to bring people with disabilities into jobs at a rate approaching that of the general population.
“Since 1993 we have created 15 million new jobs,” the President said in a statement. “But the unemployment rate among people with disabilities is far too high.”
The Presidents order establishes a National Task Force on Employment of Adults with Disabilities. He said his order would design a strategy “to make equality of opportunity, full participation, inclusion and economic self-sufficiency realities for all 30 million working-age Americans with disabilities.
Labor Secretary, Alexis Herman will chair the panel and former Rep. Tony Coelho, chairman of the Presidents Committee on Employment of People with Disabilities, will serve as vice chairman.
The task force will submit four reports, the first by Nov. 15, 1998, and the last on July 26, 2002, the 10th anniversary of the ADA employment provisions.
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STRESS MANAGEMENT FOR THE LEARNING DISABLED
From the Educational Resources Information Center (ERIC) ERIC Digest #452
Why does the education spotlight need to be trained on stress management in the schools?
School related stress is the most prevalent, untreated cause of academic failure in our schools. It is believed to afflict an alarming 6 to 10 million children a year. In a classroom of 25 students, between one and three students are at high risk for developing stress-related problems.
Achievement stress, the widespread “invisible disability”, is rarely detected but generally gets worse as children progress through school. Untreated achievement stress may result in academic failure, behavioral or emotional problems, drug abuse, health problems, and even suicide. Currently, stress- related mental disorders are 200% to 400% more prevalent than any other emotional problem requiring clinical treatment.
What are possible causes of achievement stress?
Special education factors: In addition to the great achievement demands experienced by all students, learning disabled children may be at particular risk for achievement stress due to frustration stemming from:
How does stress “DIM” ability?
The emotional discomfort of worry, feelings of being overwhelmed, and the unpleasant physical sensations of anxiety (sweaty hands, butterflies in the stomach, fidgeting and squirming), distract attention away from subtle cognitive tasks.
Stress can also trigger a “flight” response leading to careless “rushing errors” (missing important details, poor handwriting, inadvertently marking wrong responses on tests, etc…) resulting from the strong urge to escape from the unpleasant test situation.
What are some achievement stress warning signals?
A referral to a school psychologist or counselor may be warranted if the quantity or intensity of the above warning signals displayed by the child raises concerns.
As a parent you can help by suggesting stress-reducing attitudes.
Encourage one-thing-at-a-time thinking. Emphasize the importance of affirmative, positive thinking on performance. Encourage the child to discuss his or her problems with counseling personnel and others.
For more information see:
1. S. B. Sarason ; K.S. Davidson ; F.F. Lighthall ; R.R. Waite ; B.K. Ruebush.
TITLE: “Anxiety in Elementary School Children”. New York: Wiley
2. D. Elkind. TITLE: “The Hurried Child: Growing Up Too Fast Too Soon”. Reading, MA: Addison Wesley
3. ERIC Clearinghouse on Handicapped and Gifted Children, Reston, VA ~ 1-800-LET-ERIC.
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GREYHOUND FAILS TEST OF ADA COMPLIANCE, BADLY
In our previous edition we ran a story on Greyhound Bus Lines decision to spend $26,000,000 for 100 buses that would not be accessible to people in wheelchairs, a flagrant violation of Federal law.
The company's position is that they already serve people with disabilities just fine without the required lifts. Their past, present and future record of providing accessibility was at question with more than a few individuals and organizations.
Enter ADAPT (American Disabled for Attendant Programs Today). Last September, ADAPT members made 41 trips on Greyhound in various locations around the country to test the level of service and compliance with the ADA.
Some of the findings:
These tests are the mere tip of the iceberg, representing a widespread failure to meet either the spirit or the letter of the law. There is little reason to believe they will do better if they are excused from having to put lifts on their new buses (a 1% cost increase).
ADAPT firmly believes that Greyhound has failed to comply with 4 specific provisions of the ADA. They are not alone.
For more information on ADAPT call: Paul Ford, ADAPT Director at 615-269-8530.
QUICK CATCH OF STROKE LESSENS RISK OF DISABILITY
A recent study shows that even people who have had a stroke before may not be aware of the symptoms.
In a study of 163 stroke patients, nearly 40% could not name a single symptom, according to researchers at the University of Cincinnati.
Knowing the symptoms and getting help immediately could help people recover from strokes. It is the third leading cause of death and the main cause of severe, long-term disability in the United States, the American Heart Association (AHA) says.
Symptoms include sudden weakness or numbness of the face, arm or leg on one side of the body; trouble talking or understanding speech; sudden, severe headaches; sudden dimness or loss of vision; and unexplained dizziness.
A stroke occurs when a blood vessel leading to the brain bursts or becomes clogged, most often by a blood clot. Treatment with clot busting drugs such as t-PA can reduce damage substantially, but only if taken within three hours of the attack.
Studies have shown people who received t-PA early are 30% more likely to have little or no disability after three months when compared with others who didn't have the drug.
People are at greater risk if they smoke; have high blood pressure; heart disease or diabetes; have a family history of stroke; and are male, over 65 or black, according to the AHA.
If you know a person who fits in any of these categories, you may be doing them a great service by making them aware of the stroke symptoms listed above.
Acetaminophen combo may be lethal!
People who often take Tylenol or any other form of acetaminophen along with a widely used blood-thinning drug may raise their risk of deadly internal bleeding, researchers say.
Frequent doses of acetaminophen, the active ingredient in Tylenol, increase the blood-thinning effect of Warfarin, a drug used to prevent strokes and heart attacks.
Warfarin, also known as Coumadin, is taken by millions of people with a heart condition called atrial fibrillation to prevent blood clots from forming.
From the Journal of the American Medical Association.
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DEPARTMENT OF JUSTICE ENFORCEMENT UPDATE
MISSISSIPPI COLISEUM TO BECOME ACCESSIBLE - One of the largest coliseums in Mississippi which host conventions, graduation ceremonies, and concerts will improve access to people with disabilities under an agreement reached November 14, 1997 with the Justice Dept. The Mississippi Fair Commission, a state organization that operates the Coliseum in Jackson, has agreed to take steps to comply with the ADA including adding more accessible seating and parking at the facility and training the staff on the law. The press release is available at: http://www.usdoj.gov/crt/ada/adahom1.htm.
MAINE BUILDING CODE FOUND TO BE EQUIVALENT TO FEDERAL ACCESS REQUIREMENTS -
On December 12, 1997, the Justice Department certified that Maine's state building code - the Maine Human Rights Act, as implemented by the Maine Accessibility Regulations - is compatible with the federal requirements under the new construction and alterations provisions of Title III of the ADA. "The result of certification is greater voluntary compliance, less need for ADA lawsuits, and more fully accessible buildings," said Isabelle Katz Pinzler, Acting Ass't Attorney General. "The ultimate benefit of certification is its effect on the lives of people with disabilities." Maine is only the third state in the country to have a certified building code.
EEOC WINS JURY VERDICTS AGAINST WAL-MART - On October 16, 1997, the EEOC announced that a federal District Court jury had awarded an Albuquerque man over $78,000 in an employment discrimination case against Wal-Mart Stores, Inc. The jury found that Wal-Mart intentionally discriminated against an employee based on his disability, a hearing impairment, and also retaliated against him for opposing unlawful employment practices. The jury awarded $3,527.79 in back pay and compensatory damages and $75,000 in punitive damages. In another disability-discrimination case against Wal-Mart earlier this year, the jury awarded $157,500. For more information, contact the EEOC at 800-669-4000 (v); 800-669-6820 (tty).
ARIZONA TRANSPORTATION COMPANY WILL MAKE ITS SERVICES ACCESSIBLE - An Arizona airport shuttle company will ensure that its services are accessible to travelers with disabilities under an agreement reached November 25, 1997 with the Justice Dept. The agreement requires Arizona Shuttle Service, which operates a fixed route shuttle service between Tucson and Phoenix International Airport, to comply with the ADA by providing services to people with disabilities, including maintaining wheelchair accessible vans, and permitting service dogs on the vans. The text of the agreement is available at: http://www.usdoj.gov/crt/ada/adahom1.htm.
NEW HAMPSHIRE LOTTERY AGREES TO PROVIDE ACCESS - The Dept. of Justice announced November 12, 1997 that the New Hampshire Sweepstakes Commission has agreed to revamp the state's lottery program to ensure that the program, including the sale of tickets, is accessible to persons with disabilities. The settlement resolves a complaint filed under the ADA alleging that people with mobility impairments couldn't buy lottery tickets because many of the 1,300 outlets where the tickets are sold were inaccessible to them. The press release is available at: http://www.usdoj.gov/crt/ada/adahom1.htm.
NATIONWIDE CHILD CARE CHAIN AGREES TO PROVIDE SERVICES FOR CHILDREN WITH DISABILITIES - Children with serious food allergies, diabetes, and other disabilities will now be able to attend daycare at centers across the country under an agreement reached October 23, 1997 between the nation's second largest child care provider and the Justice Department. La Petite Academy, Inc., which operates more than 750 daycare centers nationwide, will change its policies to ensure that children with disabilities can be cared for appropriately at its facilities. A major portion of the agreement requires that daycare staff administer epinephrine to those children who experience life-threatening allergic reactions to certain foods. If authorized by parents and a physician, La Petite staff will use a small pen-like device that carries a pre-measured dose of epinephrine to alleviate a reaction. It is estimated that one to three percent of school children nationwide have severe allergies that may require administration of epinephrine and that more than 100,000 children under the age of 18 have diabetes. The press release is available at: http://www.usdoj.gov/crt/ada/adahom1.htm.
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DENNY'S RESTAURANT, LUMBERTON, NC - The DOJ entered into a settlement agreement with B&G Management, Inc., operator of a Denny's Restaurant in Lumberton, NC, resolving a complaint alleging that the restaurant refused to serve a customer and his wife because he was accompanied by a service animal. B&G agreed to adopt a policy that all persons with disabilities, including those accompanied by service animals, will be welcome in the restaurant, and that no proof of an animal's certification as a service animal will be required. B&G also agreed to post this policy in the restaurant and train its employees to ensure that it is carried out. In addition, B&G paid $1,000 to the complainant in compensatory damages.
WASHINGTON (AP) - Tourists visiting the Senate these days are greeted by workers installing a wooden ramp down the center aisle to make the five-tiered chamber more accessible to wheelchairs. The project is one of several under way around the Capitol during Congress' winter recess to bring the building into compliance with the Americans with Disabilities Act, said Herb Franklin, Administrative Assistant in the Office of the Architect for the Capitol. This past year, the only member of the Senate who uses a wheelchair, Sen. Max Cleland (D-GA) has been able to enter either the back of the chamber or the front. But once inside, he has been unable to move from the back to the front because the only way to do so would be up several steps. The suite of second floor offices used by House Minority Leader Dick Gephardt (D-MO) has also been ripped apart because its wiring was found to violate Occupational Safety and Health Administration safety regulations. Both projects were expected to be completed before Congress returned in late January.
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FAST FACTS
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BULLETIN BOARD
the workforce, get employment, and keep it.
Julie Huber, Project Director
1900 12th Avenue South ~ Suite D
(615) 292-9290 ~ FAX 292-3021
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A Statewide Referral Service empowering families
who have a child with a disability to find available
respite services.
2200 21st Avenue, South ~ Suite 302
Nashville, Tennessee 37212
(615) 269-7855 or 1-888-269-7855
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families about health services to help them under-
stand how health care and related systems work,
especially managed care systems like TennCare.
For more information contact Dara Howe at:
Family Voices of Tennessee, c/o Tennessee Disability
Coalition, 480 Craighead St. Suite 200
Nashville, TN 37204 Phone: 615-383-9442 FAX: 615-383-1176 ; TDD/TTY: 615-292-7790 ;
e-mail: FamVoicTN@aol.com
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The Tennessee Association for Disability Rights
P.O. Box 8021
Columbia, TN 38402
Email: millage@galis.com
http://www.tadr.org