Thursday, March 31, 2011

EEOC's Regulations for ADA Amendments Act

WASHINGTON, DC--
EEOC's formal publication of regulations implementing ADA Amendments Act have been published in the Federal Register, and are available here:
HTML: http://www.gpo.gov/fdsys/pkg/FR-2011-03-25/html/2011-6056.htm

PDF: http://www.gpo.gov/fdsys/pkg/FR-2011-03-25/pdf/2011-6056.pdf  (40 pages)

EEOC also released several guidance documents when they announced the regulations yesterday and the text was made available on the Public Inspection Desk of the Federal Register.

PRESS RELEASE

March 24, 2011
EEOC Announces Final Bipartisan Regulations for the ADA Amendments Act Regulations Implement Congressional Intent to Simplify Definition of Disability

WASHINGTON - The U.S. Equal Employment Opportunity Commission's (EEOC) final regulations to implement the ADA Amendments Act (ADAAA) are now available for public view on the Federal Register website at www.ofr.gov. The regulations will be published Friday. Like the law they implement, the regulations are designed to simplify the determination of who has a "disability" and make it easier for people to establish that they are protected by the Americans with Disabilities Act (ADA).
"The ADAAA is a very important civil rights law," said EEOC Chair Jacqueline A. Berrien. "The regulations developed by the Commission to implement the ADAAA clarify the requirements of the law for all stakeholders, which is one of the Commission's most important responsibilities.
"Based on the hard work we did at the Commission over the past months, I am confident that these regulations will work well for both people with disabilities and employers," said Commissioner Chai Feldblum, who joined the EEOC in April, 2010. "It was our job as an agency to carry out the intent of this landmark law and I believe we have done so successfully." Feldblum was one of the lead negotiators on the original ADA as well as on the Amendments Act.

"Just as the ADAAA was the result of a considerable bipartisan effort by Congress, the final rule represents a concerted effort of EEOC Commissioners representing both parties to arrive at regulations that hold true to that bipartisan Congressional intent," said Commissioner Constance S. Barker. "I was pleased to have been able to vote in favor of the final rule."

The ADAAA went into effect on Jan. 1, 2009. In the ADAAA, Congress directed the EEOC to revise its regulations to conform to changes made by the Act, and expressly authorized the EEOC to do so. The EEOC issued a Notice of Proposed Rulemaking seeking comment on proposed implementing regulations on September 23, 2009, and received well over 600 public comments in response. The final regulations reflect the feedback the EEOC received from a broad spectrum of stakeholders.

The ADAAA overturned several Supreme Court decisions that Congress believed had interpreted the definition of "disability" too narrowly, resulting in a denial of protection for many individuals with impairments such as cancer, diabetes or epilepsy. The ADAAA states that the definition of disability should be interpreted in favor of broad coverage of individuals. The effect of these changes is to make it easier for an individual seeking protection under the ADA to establish that he or she has a disability within the meaning of the ADA.

The ADAAA and the final regulations keep the ADA's definition of the term "disability" as a physical or mental impairment that substantially limits one or more major life activities; a record (or past history) of such an impairment; or being regarded as having a disability. But the law made significant changes in how those terms are interpreted, and the regulations implement those changes.

Based on the statutory requirements, the regulations set forth a list of principles to guide the determination of whether a person has a disability. For example, the principles provide that an impairment need not prevent or severely or significantly restrict performance of a major life activity to be considered a disability. Additionally, whether an impairment is a disability should be construed broadly, to the maximum extent allowable under the law. The principles also provide that, with one exception (ordinary eyeglasses or contact lenses), "mitigating measures," such as medication and assistive devices like hearing aids, must not be considered when determining whether someone has a disability. Furthermore, impairments that are episodic (such as epilepsy) or in remission (such as cancer) are disabilities if they would be substantially limiting when active.
The regulations clarify that the term "major life activities" includes "major bodily functions," such as functions of the immune system, normal cell growth, and brain, neurological, and endocrine functions. The regulations also make clear that, as under the old ADA, not every impairment will constitute a disability. The regulations include examples of impairments that should easily be concluded to be disabilities, such as HIV infection, diabetes, epilepsy, and bipolar disorder.
Following the dictates of the ADAAA, the regulations also make it easier for individuals to establish coverage under the "regarded as" part of the definition of "disability." Establishing such coverage used to pose significant hurdles, but under the new law, the focus is on how the person was treated rather than on what an employer believes about the nature of the person's impairment.

The Commission has released two Question-and-Answer documents about the regulations to aid the public and employers - including small business - in understanding the law and new regulations. The ADAAA regulations, accompanying Question and Answer documents and a fact sheet are available on the EEOC website at www.eeoc.gov/. The EEOC enforces the nation's laws prohibiting employment discrimination. More information is available at www.eeoc.gov.





Wednesday, March 9, 2011

ANNUAL TRCEA CONFERENCE

MARK YOUR CALENDAR! ANNUAL TRCEA CONFERENCE: March 31-April 1

"Celebrating Meeting the Challenges of Social Change"

&

TRA Board Meeting: April 2

Tyler, Texas

TRA Members,
Make your plans to attend the Annual TRCEA Conference. It promises to be a good one. TRCEA will be offering 11 CEU's for the conference. Deadline for reservations at the Staybridge Suites is March 17, 2011.

The next TRA Board Meeting will immediately follow the TRCEA Conference on Saturday, April 2, 2011, from 9:00 am until 1:00 PM at the Tyler DARS office located at 3800 PALUXY DRIVE SUITE 325 TYLER, TX. The Staybridge Suites will extend the conference room rates through Friday night for those of us who wish to stay at the same hotel we are using for the TRCEA conference.

Commissioner Ruttledge Testifies Before Senate HELP Committee

On March 2, 2001, RSA Commissioner Lynnae Ruttledge, ADD Commissioner Sharon Lewis, and others testified before the Senate Committee on Health, Education, Labor and Pensions on improving the employment outcomes for individuals with intellectual disabilities. In her remarks, Commissioner Ruttledge described VR program data on transition-age youths, state VR agency emerging practices and current research and demonstration activities. Taken together, you may extract sufficient data and documentation from these presentations to develop your own materials that could be used in your states to promote improving the achievement of employment outcomes for transition-age youths. You may either view the presentations or read the text at the link below.
http://help.senate.gov/hearings/hearing/?id=536891af-5056-9502-5d9c-9a3e588e3214

Wednesday, February 23, 2011

OBAMA ADMINISTRATION RELEASES ‘EDUCATOR TOOLKIT’ FOR THE 2011 NATIONAL FINANCIAL CAPABILITY CHALLENGE

WASHINGTON The Obama Administration has released a new “educator toolkit” with lesson plans that teachers can use to help students prepare for the upcoming 2011 National Financial Capability Challenge. The Challenge, which will include a voluntary online exam for high school students that begins as of March 7, helps teach young Americans about saving, budgeting, investing, and other important skills critical to building a strong financial future. The highest scoring students on the exam will be recognized through a national awards ceremony in Washington, DC and other high-scorers will receive official award certificates.   

“Empowering students with the knowledge they need to make smart financial choices about saving, budgeting, and investing for the future is good for the long-term strength of our economy,” said Treasury Secretary Tim Geithner. “It will help ensure that young people have the skills they need to achieve financial security, and that will help us continue to build this recovery on a strong and sustainable foundation.”Our students need to graduate high school ready for college and career if they’re going to compete in a global economy,” said U.S. Education Secretary Arne Duncan.  “Incorporating financial literacy, through Treasury’s online educator toolkit or other significant learning materials, will encourage students to make smart long-term investments, such as preparing to pay for college.” 
The educator toolkit, which is available online now at http://www.challenge.treas.gov/toolkit, covers five core competencies of financial education: earning, spending, saving, borrowing, and protecting against risk. It includes a collection of lesson plans from the Federal Reserve, the Federal Deposit Insurance Corporation, and non-profit organizations that are designed to help teach students important financial skills, such as developing a personal spending plan, balancing checking and savings accounts, understanding the costs of benefits of buying insurance, using credit wisely, minimizing exposure to identity theft, and making smart investments in their future through education.

Additionally, for the first time, this year’s educator toolkit will include interactive online lessons and Spanish-language materials. The toolkit can be used not only to help prepare students for the Challenge’s online exam, but also for year-round classroom instruction on financial capability.

More than 76,000 students and 2,500 educators in all 50 states participated in last school year's National Financial Capability Challenge. This year’s exam will be available online between March 7 and April 8, 2011. Educators can administer the exam to their students at any time during that window. To register for the Challenge, educators should visit http://www.challenge.treas.gov between now and April 8.
The Challenge is one of many important steps the Obama Administration has taken to help empower Americans through improved financial capability. In November, the Administration unveiled a new coordinated National Strategy for Financial Literacy to help guide the ongoing efforts of the federal government and private organizations to empower Americans with the financial skills they need to strengthen their long-term economic security and stability. Additionally, the Administration established the President’s Advisory Council on Financial Capability to provide advice on how to maximize the effectiveness of existing private and public sector efforts, and to identify new approaches to increase financial capability.

Wednesday, February 16, 2011

CCD Launches Working Group on Financial Security

NRA-- After two years of managing an ad-hoc task force on behalf of the Consortium of Citizens with Disabilities (CCD) to promote public policy strategies focused on asset building and savings, the National Disability Institute is pleased to announce that CCD has agreed to establish a permanent working group within its existing organizational structure to focus on public policy reform that promotes the economic advancement of citizens with disabilities.

The CCD Working Group on Financial Security will be co-chaired by Dr. Johnette Hartnett, Director of Research & Strategic Partnerships for NDI and Director of the Real Economic Impact Tour ( http://www.reitour.org/ ). The working group will meet quarterly in 2011 and will tackle issues related to financial literacy, planning and education; tax incentives for workers with disabilities; and asset building strategies to foster greater economic advancement among citizens with disabilities.

Organizations who are current members of the CCD and are interested in participating in this new working group should contact Johnette Hartnett at jhartnett@ndi-inc.org

WIA & Rehab Act Reauthorization Moves Forward in Senate

WIA & Rehab Act Reauthorization Moves Forward in Senate with Introduction Anticipated by Easter - House Leadership Plans Unclear


NRA--  Despite the fiscal challenges facing the Congress, the Senate HELP Committee is moving forward in its quest to reauthorize the Workforce Investment Act and the Rehabilitation Act collectively in 2011. With an internal goal to introduce the reauthorization package by Easter and bring to the Senate floor before the August recess, Senate HELP Committee Chairman Tom Harkin (D-IA) remains strong in his resolve to see the critically important employment and training programs established through these two landmark statutes reauthorized in the 112th Congress. The reauthorization package is predicted to also include important amendments to the Fair Labor Standards Act (FLSA) to decrease the use of subminimum wage practices in the hiring of citizens with significant disabilities, specifically youth with significant disabilities transitioning from high school to adulthood.

Monday, February 7, 2011

Need Ethics CEU?

Rehabilitation Ethics Online Course
 The emphasis of this online course is on real ethical dilemmas provided by people working in the field of vocational rehabilitation.  Participants share an ethical dilemma and work through it using the relevant content provided in the course and the assistance of other participants. This approach allows participants to learn about other dilemmas faced in the profession and share their experience to help others. Participants also will explore their own values and perceptions of ethics to determine how that affects their ethical behavior.

Units:
  • Basics of ethics and ethical principals
  • Focus on the new CRC Code of Professional Ethics effective January 1, 2010
  • Ethical decision making models
  • A discussion of "microaggressions" to promote more culturally sensitive ethical behaviors (only for the 10 hour section)
 Participants will work through these three content areas which will be provided in writing or in interactive Flash tutorials. Discussion activities include: reflect on personal values; present and find a resolution for an ethical dilemma; and examine code changes about confidentiality, forensic rehabilitation, receiving gifts, or the impact of technology. Most of the time spent on the course will involve writing responses to discussion activities and reading/responding to others' messages.

The overall objective for this training is to increase sensitivity to ethical problems that are work related and to enhance the practitioners' ethical reasoning ability. Thus, the content of this course will focus primarily on ethical awareness and ethical reasoning.    
To accommodate as many people as possible, we offer two options:
  • 5 hour option: This is for individuals who already have some ethics credits completed and only need a few more.
  • 10 hour option: This is for individuals who want to complete all of their ethics credits at once. This course fulfills CRC's entire ethics requirement.

Dates: February 10 - March 17, 2011
Location: Online 

  
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2011 Line-Up of Online Courses 
  • From Apples to Androids: Using Cool New Technology to Create Consumer Buy-In - Anticipated start date in March 2011  
  • Physical Disabilities - March 10 - April 21, 2011
  • Psychiatric Disabilities - April 21 - May 26, 2011

·  See more information about each course on our website

Saturday, February 5, 2011

New Research to Practice Brief: Youth with Autism in VR

FROM COMMUNITY INCLUSION: As increasing numbers of youth with autism are accessing Vocational Rehabilitation (VR) services, it is important to understand how they are using these services and the relationship of these services to outcomes and costs. A new Research to Practice Brief explores the differences in VR services received by youth with autism compared to youth with other disabilities. Researchers identify services that are most closely associated with an employment outcome for youth with autism, and determine what percentage of people from this group are receiving these successful services.

Major findings show that youth with autism are more likely than youth from other disability groups to receive assessment, job-placement, and on-the-job support services, and that receipt of services such as these are associated with an employment outcome. This New Research to Practice Brief can be downloaded at: http://www.communityinclusion.org/article.php?article_id=309

NCCDP Alzheimer's and Dementia Staff Education Week Feb 14th to 21st

Abuse and Neglect are key issues in health care settings and private homes. The NCCDP strongly believes in the power of education to combat abuse and neglect. We need your help and assistance in forwarding the attached press release to people within your organization who provide in-services, training or distributes information. This is for NCCDP Alzheimer's and Dementia Staff Education Week Feb 14th to 21st. We are providing a Free tool kit, Free Power Point In-services on many topics, and nomination forms for Nurse Educator of the year. You do not need to be a member of the NCCDP to download this information. The free tool kit and free in-services are located at www.nccdp.org and is only available until March 1st 2011.

Visit: www.nccdp.org nationalccdp@aol.com


877 729 5191 Toll Free 973 896 1877 Direct Line

973 729 1560 Fax number

Thursday, January 6, 2011

U Of A Currents is announcing a new class April 2011

"Multiculturalism and Disabilities " Presented by Melinda Masters.

April 4, 6, 8, 2011, 3:30 p.m.-4:30 p.m. CSTDescription: This course will explore the concept of culture and expanded definitions of multiculturalism. Our society tends to be both tolerant and yet excluding of people and groups who participate in and are from different cultures. Various disabilities will be discussed as each relates to the model of cultural health. An examination of culture shock as it applies to disabilities and multiculturalism will be presented.
View (and register!) for all our 2010 teleclasses at: http://www.rcep6.org/bridgeworks/Default.aspx

Kelly Campbell, University of Arkansas CURRENTS

501/623-7700 Ext 19 office OR 501/624-6250 fax

http://www.uacurrents.org/
501.623.7700

Monday, January 3, 2011

Message From 2011 TRA President Stanfill

TRA Members/Officers –

As I reflect on the busy and productive year we just completed under our out-going 2010 TRA President, Dr. Shawn Saladin, I realize that I have some large shoes to fill as incoming TRA President. I also know that it was only through the hard work and commitment of our membership that any of our goals were/are met. I am asking you all, the veterans who have kept TRA moving forward all of these years as well as the newer members whose fresh ideas and vitality help keep us progressive in our purpose, to work with me this year.

Some important dates and 2011 objectives I want you to please keep in mind are:

1) National and State legislatures will begin the year dealing with budget issues that will directly impact VR services and the disabled community. TRAN/TRA is working together again on these issues to ensure that our voices are heard at both governmental levels and to show our support for the various VR programs that must continue moving forward in 2011.

2) We also start 2011 with a very important and unique two (2) day Board meeting and workshop at TLC in Galveston which will be the first ever joint TRA/TRAN Board meeting. Incoming TRAN President, Greg Mason, is as committed as I am to seeing our two great organizations working together, sharing ideas and implementing statewide activities for the betterment of our profession and for the lives of the disabled community that we serve.

3) Commissioner Murphy has retired and a search is on for a replacement which will be hard to equal.

4) Grants and Scholarships Committee has been revitalized under the direction of Susan Reed. Susan already issued one monetary award late last year and we are looking forward to helping those clients with needs that cannot be met elsewhere with financial support in 2011.

5) Our 2011 TRA Conference will be at the Gunter Hotel in San Antonio on June 26th through the 28th and it is shaping up to one of our best ever.

6) With our veteran TRA leader, Bob Cox, now serving as NRA Treasurer, we are receiving some much overdue attention from NRA. There is serious discussion ongoing about bringing the 2012 NRA conference to San Antonio! I still say this is a first but others tell me they recall a national conference in Dallas many years ago. Maybe so but this remains a big deal for Texas and one that I support and hope you do too.

As you can see, our plate is full in 2011 and we can only accomplish these goals if you participate. 2009 TRA President Paul McCollum, is looking for a few more people willing to serve on the TRA Board or as Officers. Please step up and show your support for TRA and our 2011 goals by letting him know that you are willing to help. We are looking at making our Board meetings more travel friendly and may even attempt participation by teleconferencing and/or video-conferencing as necessary.

My best wishes to you and your families in this upcoming year. Let’s all work together to make 2011 an outstanding year in Texas.

Wallace A. Stanfill, Comprehensive Rehabilitation Services

713-896-6902 Office

713-851-3256 Cell

713-896-0011 Fax

United Airlines Settles EEOC Disability Discrimination Suit

Federal Agency Obtains Policy Changes and $600,000 for Reservation Agents With Disabilities

SEATTLE — United Airlines has agreed to settle a federal lawsuit alleging that the company violated the Americans With Disabilities Act (ADA) when it refused to allow employees with disabilities to work reduced hourly schedules as a reasonable accommodation, the U.S. Equal Employment Opportunity Commission (EEOC) announced today.

In addition to paying $600,000 to a group of reservation agents with disabilities, United will end its blanket policy against reduced hourly schedules and provide training to staffers who administer United’s reasonable accommodation process, according to the terms of a three-year consent decree approved by the court (EEOC v. United Airlines, C-06-01407 TSZ).

Prior to 2003, United had permitted reservations sales and service representatives to work reduced hourly schedules as an accommodation for employees’ various disabilities, including multiple sclerosis, DeQuervain’s tendonitis and carpal tunnel, and myasthenia gravis (a muscle condition). By suddenly abolishing its long-standing practice and policy of providing reduced hourly schedules, United required all reservation sales and service representatives who could not work their full bid schedules to either retire or go out on extended leave, and then terminated them when their leave ran out. These policies and practices violate the ADA, the EEOC said.

One worker who had worked for United for 25 years and had worked a reduced-hour schedule for 23 years prior to the policy change, said, “Contributing 25 years of work, in a way compatible with my health, was positive for me, for United and for society. A sweeping policy that disregards individual circumstances doesn’t give someone like me a chance to do my job. I took my case to the EEOC, and I'm glad to know that United is going to stop its blanket policy on work hours.”

The ADA protects individuals with disabilities from employment discrimination and requires employers to make reasonable accommodations to employees and applicants with disabilities, unless the accommodation would create an undue hardship. After a neutral investigation conducted by the EEOC’s Honolulu and Seattle offices and after first attempting to reach a voluntary settlement through conciliation, the EEOC filed the lawsuit in U.S. District Court for the Western District of Washington.

EEOC San Francisco Regional Attorney William R. Tamayo said, “United conceived of this policy as a cost-cutting measure -- a means of tightening the belt. However, this action did not lessen any monetary strain for the company or boost the department’s performance. Thinking creatively and flexibly to retain skilled and experienced workers would be a better survival strategy for companies than stereotyping workers with disabilities as expensive and expendable.”

EEOC San Francisco District Director Michael Baldonado noted, “Decisions regarding reasonable accommodations for a disability must be made on a case-by-case basis. A blanket policy that takes options off the table by setting minimum work hours not only violates the ADA, but it also may have a negative impact on the company’s morale, productivity and bottom line.”

According to www.united.com, United Airlines (NASDAQ: UAUA) is one of the largest international carriers based in the United States, with 52,000 employees worldwide and operating nearly 3,000 flights a day to more than 200 domestic and international destinations from its hubs in Los Angeles, San Francisco, Denver, Chicago and Washington, D.C.

The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.

Cheryl Bates-Harris

NDRN

900 2nd Street NE, suite 211

Washington, DC 20002

202-408-9514 x 117

Fax 202-408-9520

Cheryl.Bates-Harris@ndrn.org

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