On Target is a monthly publication
of the Indiana Governor's Council for People with Disabilities.
We welcome your suggestions for newsletter content and
ideas concerning the actions of the Council. On Target is made available
in accessible formats upon request.
Suellen Jackson-Boner
Executive Director
Christine Dahlberg
Associate Director
Paul Shankland
Grants Manager |
Supreme Court decisions on employment and the ADA
Two recent Supreme Court decisions bring mixed news to advocates. One decision
protects the right of the Equal Employment Opportunity Commission (EEOC) to file
lawsuits, while another limits ADA protections by its definition of “substantial limitation.”
The first case, EEOC v. Waffle House, Inc., began when a Waffle House restaurant fired Eric Baker after he had a seizure at work. He filed a charge with the EEOC alleging discrimination under Title I of the ADA. The EEOC then filed suit against Waffle House, claiming the violation was “intentional and done with malice or reckless indifference.” Although Baker was not party to the lawsuit, the EEOC sought back pay, job reinstatement and compensatory damages on his behalf.
Waffle House responded by attempting to force Baker into arbitration using the Federal Arbitration Act (FAA), and claimed courts must dismiss the EEOC action if arbitration ensued. But the Court ruled that “an agreement between an employer and an employee to arbitrate employee-related disputes does not bar the EEOC from pursuing victim-specific judicial relief.” The EEOC continues to pursue its original case.
The second case, Toyota Motor Manufacturing, Ky., Inc. v. Williams, has more ominous
implications for ADA protections. Ella Williams developed carpal tunnel syndrome and related problems while working on a Toyota assembly line. When Toyota denied her requests for
reassignment, Williams sued under the ADA claiming the company did not make the required reasonable accommodations.
A District Court sided with Toyota, claiming Williams’ impairment did not qualify as a
“disability” under the ADA because it had not “substantially limited” any major life activity. However, the Sixth Circuit Court reversed that decision because it considered manual tasks at work a major life activity.
The disagreement in this case is because of the interpretation of the ADA’s definition of “substantial limitation.” The EEOC defines substantial limitation as “in the manner, condition and duration under which the major life activity is performed in comparison to the average person.”
Finally, the Supreme Court sent the case back to the Circuit Court with instructions to reconsider, stating, “the central inquiry must be whether the claimant is unable to perform the variety of tasks central to most people’s daily lives, not whether the claimant is unable to perform the tasks associated with her
specific job.”
The National Council on Disability calls this interpretation misguided, saying “Consistent with Congress’ intent, the ADA and EEOC regulations were designed to protect people with disabilities who have the talent, skills, abilities, and desire to participate actively in society but are precluded from doing so because of the refusal or failure to make reasonable accommodations.”
Ward to lead ADA watch
Jim Ward, former director of public policy at the National Association of Protection and Advocacy Systems, has been hired to lead ADA Watch – a coalition of national, state and local organizations fighting to protect the ADA.
ADA Watch was created in January 2001 as an informational network designed to inform disability grassroots organizations about threats to the ADA. In its first year, ADA Watch fought judicial appointments for those who oppose the ADA and battled ADA-weakening legislation such as the ADA Notification Act. As executive director, Ward plans to continue such efforts.
Based in Washington, D.C., ADA Watch relies on the support of advocates and disability organizations nationwide. This year it is partnering with Wired on Wheels, a nonprofit, Internet-based accessibility rating network, to launch a national campaign to evaluate the accessibility of businesses.
“We hope to work proactively with the business community to ensure that, 11 years after the signing of the ADA, the vision of this important civil rights law is being carried out at the local level,” Ward said. “Active participation in the disability rights movement will provide each of us with the sense of individual empowerment that we dream our larger
society will someday provide.”
Ward’s participation in the disability movement began in 1980 when he coached people with developmental disabilities as they entered community-based care settings. Years later, he was hospitalized for a psychiatric disability.
“I share my story because the real cure for me was being welcomed into the disability rights community and finding a place for my skills,” Ward tells advocates. “Civil rights movements have shown us the power of those who refuse to live as victims and who are empowered in the face of hardship.”
On the 11th anniversary of the ADA – July 26, 2001 – ADA Watch and Wired on Wheels launched the ADA Watch Web site. Site users can request “action alert” e-mails, sign online petitions, rate their town’s accessibility, and learn how to get involved in local and national issues. For these resources and more, visit www.adawatch.org.
Count Us IN
The involvement of disability advocates in the electoral process is crucial. That is why the Council has created the Count Us IN project. One goal of the project is to ensure all Indiana polling places are accessible. There are 5,000 polling places in Indiana that have not been checked for accessibility. The Primary Election on May 7 will provide an excellent opportunity for disability advocates to talk to poll workers and evaluate polling places.
Prior to the Primary Election on May 7, the Council asks you to get involved in your local voting precincts. Get to know local county officials, volunteer to assess polling places in your community, and offer the County Clerk suggestions and solutions to assist in locating accessible voting places.
Please contact the Council at (317) 232-7770 (voice), (317) 232-7771 (TT) or GPCPD@gpcpd.org (e-mail) to order the Count Us IN packet, which includes an access survey for polling places and other valuable information.
Register to vote!
The voter registration deadline for the May 7 Indiana Primary Election is April 8. Mail-in voter registration applications must be postmarked on or before April 2 to be eligible to vote in the Primary.
To register to vote in Indiana, you must complete a voter registration application. You may fill out the application at your county voter registration office (which in many counties is also the Circuit Court clerk’s office) or you can pick up mail-in voter registration applications at the license branch, public library, township trustee or city/town clerk-treasurer’s office. You can also register to vote while applying for or renewing your driver’s license. Your local public assistance, disability or unemployment compensation office will also make voter registration available when you apply for or renew services or change your address.
To confirm that you are registered to vote, contact the county voter registration office in your county of residence.
Hoosiers celebrate Disability Awareness Month
The Council invites you to join other disability advocates across the state to celebrate Disability Awareness Month in March. Hoosiers are spreading the word that “Together, we can reach new heights.”
Awareness Month 2002 will be celebrated with community-based activities centrally coordinated by the Council. Posters, bookmarks, buttons and other materials remind Hoosiers that “attitude is everything” and encourage teamwork among people with and without disabilities. Thanks to partial underwriting support from Ameritech, a wide variety of campaign materials are offered free or at a minimal cost.
Disability Awareness Month 2001 made more than 12.5 million impressions – up from 7.3 million in 2000 – on people with and without disabilities across the state. Television and radio public service announcements accounted for many of these impressions, but grassroots advocates also reached thousands of Indiana residents with the Disability Awareness Month message. More than 18,000 people attended grassroots special events last year.
Free campaign materials are available, while supplies last, by contacting Kim Dennison at Borshoff Johnson Matthews at (317) 631-6400 (voice), (317) 631-6499 (fax) or kdennison@bjmpr.com (e-mail).
Family Support Council leads grant initiative
Eighteen counties in Southeastern Indiana will soon reap the benefits of a $200,000 Family Support Grant to be administered by the Indiana Family and Social Services Administration (FSSA) and the Family
Support Council.
“As the Muscatatuck State Developmental Center prepares to close and Madison State Hospital downsizes, the Family Support Grant is part of the effort to build capacity for disability-related services in the southeastern part of the state,” said FSSA policy consultant John Barth.
The first component of the grant focuses on creating, developing and maintaining a southeast regional planning council. The council will consider how residents from one county could use the services of another county, for example.
More than $100,000 of the grant will be awarded to counties on a competitive basis to develop family-strengthening coalitions. The coalitions’ goal will be to put families in touch with informal supports, such as child care advice, medical equipment, baby clothes
trading and more.
Council chairwoman Pat Stewart, director of ATTIC independent living center, said, “The Family Support Council will be approving each of those projects and monitoring them to ensure we have a good chance of getting these grant dollars again next year.”
The final portion of the grant will help fund a telephone referral line for social services. By dialing 211, callers will connect to an information and referral specialist with knowledge of social services for people with disabilities and their families. Once in place, the system will be available statewide.
Beyond administering the grant, the Family Support Council produces an annual report analyzing state progress on a variety of disability-related issues. This year, the report will be published online so people with disabilities and others can comment.
Visitors are welcome to attend the Family Support Council’s monthly meetings, which are held the first Tuesday of every month at 10:30 a.m. at the Indiana Government Center in downtown Indianapolis.
Glove translates sign language into text
A modified golf glove developed by 17-year-old Ryan Patterson of Colorado could simplify the
communication process for people who are unable to speak.
Patterson attached sensors and a small transmitter to a left-handed golf glove that detects and translates finger-spelling. The signals are then wirelessly transmitted to a pocket-sized text display screen.
Because the screen is so small, users can carry it with them and hand it to people with whom they are speaking. This tool could simplify common tasks, such as ordering food or asking for directions.
Patterson plans improvements before the invention is released. In an interview with USA Today, Patterson indicated new voice-chip technology might augment or replace the text display. And while assistive technology companies are impressed, they say it ís not the final answer. The glove facilitates only one-way communication and cannot translate two-handed American Sign Language gestures.
The young inventor plans to spend this summer incorporating the voice chip technology, and heads to college in the fall.
Of Note
Evaluate Disability Awareness Month
To improve future Disability Awareness Month campaigns, the Council seeks feedback on the 2002 programs and materials. Please complete the evaluation form included with your materials and send it with any samples, photographs and newspaper clips to the address provided. (Please note materials will not be returned.) For a chance to win an Awareness Month T-shirt, return the form by Wed., April 17, to Kim Dennison, Borshoff Johnson Matthews, 47 S. Pennsylvania, Suite 500, Indianapolis, IN 46204, or (317) 631-6499 (fax). If you have questions, contact Kim at (317) 631-6400 (voice) or kdennison@bjmpr.com (e-mail).
Media watch
We need your help! Monitor your local newspapers, television and radio stations for possible entries for the annual Award for Excellence in Reporting on Disability Issues. The entries should be published or broadcast from April 1, 2001, to March 31, 2002. For more information or to submit an entry, contact Jamy Schuler, Borshoff Johnson Matthews, at (317) 631-6400 (voice) or jschuler@bjmpr.com (e-mail).
Conference date selected
Plans for the annual 2002 Conference for People with Disabilities are now underway. The conference will take place Nov. 19-20 at the downtown Indianapolis Westin Hotel.
Save the date!
Indianapolis will host its first Mayor’s Summit on Inclusion and Access at Conseco Fieldhouse, Thursday, March 21. The summit will feature keynote speaker Bryna Helver, executive director of Easter Seals Project Action, panel discussions and roundtables geared toward employers and people with disabilities, a job fair, and a service and product expo. Mayor Bart Peterson and the Mayor’s Advisory Council on Disability will honor the 2002 recipients of the Access and Inclusion Awards during lunch. To learn more, contact Juli A. Paini, Coordinator, Mayor’s Office of Disability Affairs, 200 E. Washington Street, Room 2360, Indianapolis, IN 46204, (317) 327-3798 (voice) or jpaini@indygov.org (e-mail).
Indiana Governor’s Planning
Council for People with Disabilities
150 West Market Street, Suite 628
Indianapolis, Indiana 46204
(317) 232-7770 voice
(317) 232-7771 TT
E-mail: GPCPD@gpcpd.org
Web site: www.state.in.us/gpcpd
|