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Florida Bar Disability Law Committee

This Blog is a resource provided by the Disability Law Committee of the Florida Bar. We welcome your participation. Marc Dubin, Esq., Chair of the Committee, can be reached at mdubin@pobox.com and at 305-896-3000. He is available for consultations.

Saturday, February 24, 2007

Technical Assistance Materials from the EEOC

The EEOC has published specialized technical assistance materials:

Questions and Answers about Deafness and Hearing Impairments in the Workplace and the Americans with Disabilities Act

Blindness and Vision Impairments in the Workplace and the ADA

The Americans with Disabilities Act's Association Provision

Diabetes in the Workplace and the ADA

Epilepsy in the Workplace and the ADA

Persons with Intellectual Disabilities in the Workplace and the ADA

Cancer in the Workplace and the ADA

To join the Disability Law Committee, contact Austin Newberry at the Bar, at anewberry@flabar.org.

Posted by mdubin at Saturday, February 24, 2007

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Statue of Franklin Roosevelt in wheelchair.

A Guide to Voting in Florida, for Persons with Disabilities

A Guide to Voting in Florida, for Persons with Disabilities

Uniform Federal Accessibility Standards (UFAS)

Accessibility standards used by state and local governments and in housing that receives federal financial assistance. Under title II of the ADA, a state or local government may choose either UFAS or the ADA Standards for Accessible Design (ADAAG).

The Help Group Home Page

Website Providing Information and Resources On Autism

Transcript of Larry King Live re Autism

Encore Presentation: The Mystery of Autism. Aired March 25th, 2007

Autism Speaks Home Page

Autism Speaks aims to bring the autism community together as one strong voice to urge the government and private sector to listen to our concerns and take action to address this urgent global health crisis. It is our firm belief that, working together, we will find the missing pieces of the puzzle.

Information about HIPPA

Information from HHS

The Welfare Law Center's manual on using the ADA in TANF Programs

The manual is a resource tool for lawyer and non-lawyer advocates engaging in informal and policy advocacy.

Links to U.S. Supreme Court cases involving the ADA

A list of U.S. Supreme Court cases involving the rights of persons with disabilities and disability discrimination, including links to the full text of the U.S. Supreme Court decisions.

Letter to The President from NCD re Human Rights Treaty March 5. 2007

Letter to The President, The White House

NCD: An International Disability and Human Rights Convention

What you need to know about international human rights law and efforts to gain equality and justice for people with disabilities in the US and abroad

EEOC: Practical Advice For Drafting And Implementing Reasonable Accommodation Procedures....

On July 26, 2000, the tenth anniversary of the enactment of the Americans with Disabilities Act (ADA), Executive Order (E.O.) 13164 was issued, for the first time requiring that all executive branch federal agencies institute procedures for processing reasonable accommodation requests under Section 501 of the Rehabilitation Act of 1973...

Final Report on Best Practices For the Employment of People with Disabilities In State Government

This report highlights best practices of nine states (including FL) that promote the hiring, retention, and advancement of individuals with disabilities in state government jobs.

EEOC Guidance Regarding People Who Are Deaf or Hard of Hearing

This document is part of a question-and-answer series addressing particular disabilities in the workplace. It explains how the ADA might apply to job applicants and employees with hearing impairments....

International Human Rights Instruments

Source: UN - Office of the High Commissioner for Human Rights

Legal Rights of Students with Diabetes

From the American Diabetes Association

EEOC: REASONABLE ACCOMMODATIONS FOR ATTORNEYS WITH DISABILITIES

This fact sheet addresses the application of the reasonable accommodation obligation to attorneys and their employers.

Shimberg Center for Affordable Housing

Provides information and resources on affordable housing

DOJ Brief re Employment Discrimination and Reassignment as a Reasonable Accommodation

Disabled Police Officers with Disabilities Are Entitled To Be Considered For Any Vacancy For Which They Are Qualified

DOJ Brief re: Paratransit Services

The Department’s views on the meaning of its regulatory provisions governing complementary paratransit services required by Title II of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. 12132 and 12143.

Report on Nursing Home Transition Programs: Perspectives of State Medicaid Officials

This report draws on interviews with state Medicaid program officials for insight into the issues that arise in establishing programs to move individuals with significant long-term care needs from institutional to community settings. The five states that participated in this study—Florida, Louisiana, New Jersey, Ohio and Washington—each received federal grants for nursing home transition activities and had varied experiences.

Crime Victims with Developmental Disabilities: Report of a Workshop (2001)

Report from a workshop convened October 28-29, 1999, in Irvine, California, by the National Research Council's Committee on Law and Justice, at which authors of several commissioned papers delivered the results of their research. The report draws attention to gaps in knowledge about the criminal victimization of people with disabilities.

First Response to Victims of Crime Who Have a Disability (October 2002)

This handbook for law enforcement officers (NCJ 195500) describes how to approach and help victims who have Alzheimer's Disease, mental illness, or mental retardation or who are blind, visually impaired, deaf, or hard of hearing. It is designed as a field guide for personnel who respond first to crime victims and includes contacts for assistance.

Section 508: Access to electronic and information technology procured by Federal agencies

Section 508 of the Rehabilitation Act requires access to electronic and information technology procured by Federal agencies. The Access Board developed accessibility standards for the various technologies covered by the law. These standards have been folded into the Federal government's procurement regulations.

Please consider joining the Disability Law Committee of the Florida Bar.

To join, you must be a member of the Public Interest Law Section. You need not be an attorney to join.

The Public Interest Law section is open to all members in good standing and to non-Bar members, who have a common interest in advocacy and enhancement of constitutional, statutory or other rights which protect the dignity, security, justice, liberty, or freedom of the individual or public.

Governor's Joint Work Group on Guardianship and the Developmentally Disabled

The work group was charged with developing a recommended plan of action for facilitating the provision of guardians or guardian alternatives for individuals with developmental disabilities consistent with their right to self-determination.

IMPLEMENTING THE AMERICANS WITH DISABILITIES ACT IN A TRIAL COURT

Source: National Center for State Courts (2002)

DOJ Title II Settlement with The Judiciary of The Sixth Judicial Circuit of Florida

The complaint alleges that in a criminal proceeding involving a defendant who is deaf, the Court did not secure the services of qualified interpreter(s).

The obligation to provide an interpreter - Information from the National Organization of the Deaf

The National Organization of the Deaf has several information sheets about providing interpreters in a number of situations. Follow the links below to these fact sheets. These links all open in separate windows. (When page opens, scroll down).

Service Animals and Companion Animals Under the ADA and the Fair Housing Act

Businesses are required to allow service animals to accompany their owners into places of public accommodation. There is a difference between a companion animal under the Fair Housing Act and a service animal under the ADA. A service animal is an animal who has been specifically trained to perform a disability related service for its owner. Businesses are allowed to inquire as to whether your animal is a service animal and what service does your animal perform. You are not required to provide any sort of proof or certification of your animal's status. There is no such certification under the ADA. The Department of Justice has produced guides regarding service animals and the ADA.

Accessible Parking Spaces

If a parking lot has been restriped any time since January 26, 1992, it is required to have accessible parking spaces complying with ADAAG. The Department of Justice has developed a design guide for restriping parking lots. When you find a lot out of compliance and want them to add accessible spaces, print this guide and give it to the business so they know exactly what you are taking about. Also check with the Florida Building Code to determine its requirements.

U.S. Access Board - Courthouse Access

The Committee’s report provides design guidance and best practice recommendations for achieving access in courthouses, including courtrooms.

NCD: The Current State of Transportation for People with Disabilities in the United States

This report highlights many best practices and successful initiatives that can serve as models for other communities for enhancing transportation and mobility for people with disabilities. This report also sets forth a variety of recommendations for service improvements and for additional research that will lead to greater options for the 6 million Americans with disabilities who have difficulties obtaining the transportation they need to live independent and productive lives.

NCD:Emergency Management and People with Disabilities

Congressional Briefing November 10, 2005

DOJ Settlement in HIV Case

U.S. v. Marion County Nursing Home, Inc. -- The Department filed, and resolved by consent decree, a lawsuit in the U.S. District Court for the Eastern District of Missouri, against a nursing home that allegedly terminated a nurse’s aide when it learned that she had HIV disease. The aide performed tasks, such as bathing, grooming, feeding, and general care of patients, that did not involve any invasive procedures. The agreement provides that the nursing home will not discriminate on the basis of disability, including HIV, and will conduct an individualized assessment of whether individuals are qualified for a job. The nursing home also agreed to pay the charging party $25,000 in damages.

ADA Certification of State and Local Accessibility Requirements

Title III of the ADA authorizes the Department of Justice to certify that State laws, local building codes, or similar ordinances meet or exceed the ADA Standards for Accessible Design for new construction and alterations. Florida's Building Code has been certified.

Florida Building Code

Note that one must comply with both the Florida Building Code and the ADA Standards for Accessible Design

ADA Standards for Accessible Design (ADAAG)

The Department of Justice has adopted standards for accessible design and construction under the ADA. These are known as the Americans with Disabilities Act Accessibility Guidelines (ADAAG). All places of public accommodation designed and constructed after January 26, 1993 are required to comply with these standards.

HUD enforcement - Testimony of the National Council on Disability

From 2002: "Although Congress has enacted two laws to ensure that these fundamental premises are met--Section 504 and the Fair Housing Act--NCD's report concludes that the promise of these laws has not been met because the key federal agency that enforces these laws--HUD--needs to do more...." "While disability discrimination is now the most common complaint under the Fair Housing Act, NCD found that only one in 40 disability complaints result in a finding that the law has been violated. Overall, there are findings of violations in only 2.4% of all cases."

DOT: Passengers With Disabilities: Model Training Program for Airlines

Designed to assist air carriers in the training of customer service personnel by highlighting those practices that have been found by air carriers and disability rights advocates to work best in accommodating passengers with disabilities

DOT: Aviation Consumer Protection Division

Receives informal complaints from members of the public regarding aviation consumer issues

The Advocacy Center for Persons with Disabilities, Inc.

Florida's Protection and Advocacy System

IDEA -The Individuals with Disabilities Education Act

The Individuals with Disabilities Education Act (IDEA) is a law ensuring services to children with disabilities throughout the nation. IDEA governs how states and public agencies provide early intervention, special education and related services to more than 6.5 million eligible infants, toddlers, children and youth with disabilities.

DBTAC Southeast ADA Center - Regional Disability & Business Technical Assistance Center on the ADA

Provides information, training, and technical assistance to employers, people with disabilities, and other entities with responsibilities under the ADA. The centers act as a "one-stop" central, comprehensive resource on ADA issues in employment, public services, public accommodations, and communications.

U.S. Department of Education - Office for Civil Rights (OCR)

Questions and Answers on Disability Discrimination under Section 504 and Title II

DOJ: A Guide to Disability Rights Laws

This guide provides an overview of Federal civil rights laws that ensure equal opportunity for people with disabilities

Florida Guardianship - A Resource for Families Dealing with Alzheimer's Disease

Article in PDF, by Rebecca Berg, Chair of the Elder Law Section of the Florida Bar

Air Carrier Access Act Regulation

Nondiscrimination on the Basis of Disability in Air Travel

EEOC: Material on Disability Discrimination

Information about Discrimination in Employment

HUD study shows people with disabilities face discrimination in up to half of rental inquiries.

Discrimination Against Persons With Disabilities - Barriers at Every Step

HUD: Disability Rights and Resources

This page is designed to answer frequently asked questions on the housing rights of people with disabilities and the responsibilities of housing providers and building and design professionals under federal law.

HUD: Accessible Housing Designs

information about accessibility that is required by different federal laws, accessibility that is voluntary, and information about innovative accessible designs for multifamily and single family housing.

HUD: Questions and Answers About the Accessibility Guidelines

Questions and Answers

From HUD: Fair Housing Accessibility Guidelines

Guidelines

HUD and DOJ Issue a Joint Statement on Reasonable Accommodations for People with Disabilities

Joint Statement (in PDF)

HUD and People with Disabilities

HUD Enforcement

Governor Crist's ADA Working Group

Governor Crist's ADA Working Group Home Page

Florida Bar Public Interest Law Section

Public Interest Law Section

Justice Department - Disability Rights Section of the Civil Rights Division

Civil Rights Division

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Election 2008

Presidential Candidates Give Their Views on Autism and Health Care: McCain
Presidential Candidates Give Their Views on Autism and Health Care : Obama
Register To Vote
Voting rights and pwd - From NCIL
NCIL Material on Community Choice Act
Comparison of Candidates' Positions