Law, Health Policy & Disability Center
University of Iowa College of Law
http://disability.law.uiowa.edu/dpn/
and
The Burton Blatt Institute
Syracuse University
http://bbi.syr.edu
One–Stop Toolkit
Resources of the Week Technical Assistance Project E–Mail listserv
18 January 2008
Good morning everyone,
Below please find the web site and publication of the week, as well as other resources that we hope will be useful as you work on systems change activities to help improve employment opportunities for persons with disabilities.
To subscribe and / or view past resources of the week archives, access: www.onestoptoolkit.org and click on the link to "Resources of the Week" on the right hand side of the home page.
To view an indexed list of the resources of the week by subject matter, visit the L.P.H.D.C. web site at http://disability.law.uiowa.edu/lhpdc/resources/wig/default.asp. It currently includes 20 categories, covering over 300 annotated references. Each category opens to a new window with each Resource of the Week which covered material in that area.
Have a good day and weekend!
Laura Gleneck
Program Associate
Law, Health Policy & Disability Center
University of Iowa College of Law
P: 617–489–0086
F: 617–489–1374
[ E–mail Lgleneck@mail.law.uiowa.edu ]
[ E–mail LFarah8@aol.com ]
[ http://www.onestoptoolkit.org ]
[The full announcement is located under the section heading "Resources of Interest."]
On January 8 and 9, in conjunction with Homeland Defense Journal, the National Organization on Disability hosted a national conference, dedicated to addressing the emergency preparedness needs of individuals with all types of disabilities.. The end of this weekly resource includes the prepared remarks of Justice Department representatives, discussing the issue on a panel entitled "ADA Guidelines from the U.S. Department of Justice on Sheltering for Mass Care."
While the remarks are long, there is valuable information that Navigators can glean to share with appropriate partners and organizations within your community relative to the law and emergency preparedness for people with disabilities. It also includes some valuable resources and websites, along with information about Chapter 7 of the ADA Toolkit for States and Local Governments.
In addition to the information gleaned through the remarks from this national conference, here are some additional national resources that may be of interest.
Fact Sheet on Obtaining and Using Employee Medical Information
as Part of Emergency Evacuation Procedures, U.S. Equal Employment
Opportunity Commission
http://www.eeoc.gov/facts/evacuation.html
Many Navigators are involved in emergency evacuation committees for their One-Stop Career Centers, as well as participate on other community committees that address emergency preparedness and response. This involvement provides an excellent opportunity for Navigators to help ensure that the needs of individuals with disabilities are addressed and accounted for in emergency procedures. This Fact Sheet on Obtaining and Using Employee Medical Information as Part of Emergency Evacuation Procedures is an excellent source of information to offer at these committee meetings, as well as to employers. It addresses the issues of employers asking for information to help identify individuals who might need assistance because of a medical condition and whether they can share this information with others in the workplace. It is important to know that the federal disability discrimination laws do not prevent employers from obtaining and appropriately using information necessary for a comprehensive emergency evacuation plan. This Fact Sheet points out how an employer may identify individuals who may need assistance, how to ask employees what type of assistance will be needed, and who is allowed to have this information in the case of an emergency.
Emergency Preparedness and People with Disabilities
DOL Office of Disability Employment Policy
http://www.dol.gov/odep/programs/emergency.htm
Disability Preparedness
http://www.disabilitypreparedness.gov/
This disability preparedness web site provides practical information
on how people with and without disabilities can prepare for
an emergency. It also provides information for family members
of, and service providers to, people with disabilities. In
addition, this site includes information for emergency planners
and first responders to help them to better prepare for serving
persons with disabilities.
American Red Cross: Section on Emergency Preparedness
and People with Disabilities
http://www.prepare.org/disabilities/disabilities.htm
On January 16th, Deputy Assistant Secretary Douglas Small of the U.S. Department of Labor Employment and Training Administration (ETA) announced the opening of the Recognition of Excellence (ROE) application process for 2008 through the dissemination of a training and employment notice to State Workforce Agency Administrators, State Workforce Liaisons, State and Local Workforce Investment Board Chairs and Executive Directors.
This initiative was established in 2004 to recognize high performance employment and training-related programs and superior or improved system performance by entities administering and partnering with ETA-funded programs. The ROE is an important opportunity to honor programs that have achieved commendable outcomes as well as facilitate the exponential replication of innovative practices throughout the workforce investment system.
ETA is now requesting applications from which honorees will be selected and showcased at the Workforce Innovations Conference to be held July 15-17, 2008, in New Orleans, Louisiana. The honorees are selected solely for recognition, not a monetary award. This year’s categories and selection criteria have changed to reflect the continually evolving trends, emphases, service delivery, and training capabilities of the workforce investment system. The new and revised categories are:
Honorees will be selected based on an application package that demonstrates excellence in a variety of criteria relevant to the revised categories. Selection criteria include: innovation, collaboration, service delivery, performance outcomes, sustainability, replicability, linking workers to demand occupations and emerging industries, and impact.
Any state or local program, project, or initiative, including those of national program grantees, funded through ETA or in which an ETA-funded activity is one integral component, may apply. In addition to employment and training entities funded directly by ETA, eligible applicants for ROE may include universities, community colleges, businesses, foundations, faith and community-based organizations, and other entities that receive ETA funds or partner with the ETA-funded applicant in the recommended program, project, or initiative. The program, project, or initiative must have been operational for at least twelve (12) months during the last two program years (July 2006 to present). The program, project, or initiative may not have been recognized as an ROE winner in a previous year.
Access the URL to download and view the full announcement and application packet.
This is the first opportunity to report progress under our FY 2006-2011 Strategic Plan, which articulates the Department’s program performance priorities, strategies, and targets for the years ahead and identifies four strategic goals that serve as the basis of this annual report:
The National ADA Symposium is an annual three day conference on the Americans with Disabilities Act and related disability laws that has earned the reputation as the most comprehensive event available on the ADA. Each year, the ADA Symposium brings representatives from key federal agencies involved in implementing the ADA including the U.S. Department of Justice, the U.S. Access Board and the EEOC to provide comprehensive training and updates. All Symposium presenters are nationally recognized experts in their fields.
The ADA Symposium offers break-out sessions on a wide range of topics. Registrants select courses to create a schedule that reflects their interests and needs. A Pre-Conference is offered to provide both introductory and advanced sessions. A hallmark of the National ADA Symposium is the opportunities for networking and problem solving among participants. Social activities such as the Evening Reception and table-top discussion areas in the large EXPO Hall provide an atmosphere that encourages interaction.
The National ADA Symposium features an EXPO Hall filled with disability related products and services, an Assistive Technology Fair and demonstrations such as wheelchair golf.
Access the URL to read more about the session schedule and registration.
On Tuesday and Wednesday, January 8 and 9, in conjunction with Homeland Defense Journal, the National Organization on Disability (http://www.nod.org) hosted a national conference, dedicated to addressing the emergency preparedness needs of individuals with all types of disabilities.
The end of this weekly resource includes the prepared remarks of Justice Department representatives, discussing the issue on a panel entitled "ADA Guidelines from the U.S. Department of Justice on Sheltering for Mass Care." This information should be distributed far and wide via website postings, email, and message boards. As stakeholders put into practice the requirements set forth in these remarks, children and adults with disabilities will be better served in emergency preparedness situations.
It is well-documented that people with disabilities have a significantly lower rate of employment than people without disabilities (36% versus 74% according to the 2006 American Community Survey (ACS). Less is known about the types of work they do. Using the occupational classification system within the ACS, researchers explored the prevalence of people with disabilities within occupational groupings and discuss its relationship to occupational growth.
Datanote 13 takes a look at the areas in which people with disabilities are employed.
JobCentral National Labor Exchange, a replacement for America’s Job Bank, is a service of DirectEmployers Association, a nonprofit consortium of leading U.S. corporations, in alliance with the National Association of State Workforce Agencies (NASWA). The Association's online services also include DirectEmployers.com, an Internet search engine dedicated exclusively to employment.
On January 14th, Job Central and Disaboom announced a partnership to improve unemployment rates for among people with disabilities. The following is excerpted from the January 14th press release regarding this partnership.
Disaboom, Inc., the first online community for people living with or directly affected by disabilities or functional limitations, announced a multi-faceted partnership with JobCentral.com. The JobCentral.com National Labor Exchange is a service provided by the DirectEmployers Association, a consortium of Fortune 500 and other leading corporations nationwide, in alliance with the National Association of State Workforce Agencies (NASWA). DirectEmployers was founded to develop and manage systems and software for employers to increase labor market efficiency and reduce Internet recruiting costs for its consortium members.
Disaboom will launch version 2.0 of its Career Center in February 2008. The Career Center will offer employment opportunities, resources, and services to the Disaboom community and corporations. Through this partnership, Disaboom will fully integrate JobCentral's advanced search engine technology into the Disaboom Career Center. This will enable registered Disaboom members to search and apply directly for employment opportunities from a database of currently over 500,000 open positions with DirectEmployers' consortium members and state job boards. The partnership also includes, among other initiatives, Disaboom serving as DirectEmployers' content and resources partner for the upcoming release of a disability channel on the JobCentral.com site.
The press release can be accessed at:
http://www.jobcentral.com/2008_Disaboom_Partnership.asp.
On January 15, the National Council on Disability (NCD) released its annual National Disability Policy: A Progress Report, which reviews f employment, housing, education, transportation and other federal policies that affect people with disabilities, noting progress where it has occurred, and makes further recommendations where necessary. The recommendations apply to the Executive Branch, to the Legislative Branch, and in some instances to both.
[The following is excerpted from the Executive Summary.]
This NCD annual progress report to the President and Congress covers the period December 2005 through December 2006. The report is divided into 13 chapters, each dealing with a major area of public policy.
According to NCD Chairperson John R. Vaughn, “NCD has observed many examples of continued progress in disability policy. Among these are the Help America Vote Act for increasing access to elections for Americans with disabilities, developments under the Assistive Technology Act that hold out the promise for enhanced coordination in the delivery of services, and the positive role of the Department of Justice in a recent Detroit public transit case. This is just some of the positive progress we note as a result of the Administration’s leadership through the New Freedom Initiative.”
“Notwithstanding this progress, many challenges remain for our citizens who are living with disabilities and who wish to be more independent, more productive, and more actively involved in their families and communities. Far too many Americans are desperately trying to improve the quality of their lives, but they are frustrated by a lack of affordable accessible housing, transportation, and long-term services and supports. NCD will continue to develop policy recommendations to address these issues.” Vaughn concluded.
In the past year, NCD has undertaken and completed a number of projects that support the Administration’s New Freedom Initiative and that respond to NCD’s statutory mission. In particular, NCD has issued a series of policy evaluations and evidence-based studies that measure progress toward implementation of the Americans with Disabilities Act.
NCD encourages all government agencies and Congress to use NCD’s work as a reference point and source of data for recommendations and as a basis for further examination of issues that affect the lives of people with disabilities. NCD will continue to work with the Administration and Congress to ensure that every individual with a disability has access to the American dream.
NCD is an independent federal agency and is composed of 15 members appointed by the President, by and with the advice and consent of the Senate. We provide advice to the President, Congress, and executive branch agencies to promote policies, programs, practices, and procedures that—
Good morning, everyone. I wish to begin by extending to you warmest greetings on behalf of Acting Assistant Attorney General Grace Chung Becker. At the Department of Justice, we in the Civil Rights Division believe very strongly in the need for collaboration in order to prevent reinvention of the proverbial wheel to save on precious time and minimize waste of tax dollars. A good government is a responsive one, and emergency preparedness is an issue that affects us all.
In late July 2004, President George W. Bush signed Executive Order 13347, addressing emergency preparedness concerning people with disabilities. Consequently, agencies across the federal government have combined their efforts to share information, exchange ideas, and determine ways in which to work closely with local and state officials within the emergency preparedness field as well as anyone else (including leaders and members of communities of every size) playing an active role to prepare for the event of a natural or human-caused disaster.
Philosophically, the President believes that all Americans - both those with and without disabilities - must be considered in emergency planning, and must also be a part of community-based solutions that take the needs of various constituencies into careful and meaningful consideration. Within the disability context, it is important to gain a basic understanding of the laws that govern how emergency planning professionals and all other segments of the community should include people with disabilities in the planning process and respond to their needs to the same degree of effectiveness as for those without disabilities. Ultimately, everyone must remember that the worst time to address these issues is when an emergency has already happened. We should all prepare in advance.
Going into some detail regarding what federal laws apply to protect the rights of people with disabilities in emergency preparedness situations, Title II of the Americans with Disabilities Act (ADA) requires non–discrimination in State and local government programs, services, and activities. Everything a state or local government does is covered. The Department of Justice has extensive title II regulations that cover all programs, services, or activities of public entities. These public entities cannot exclude individuals on the basis of disability and must make programs in existing facilities accessible, including shelters. Public entities must make new facilities accessible in accordance with a higher architectural design standard.
Title III applies to places of public accommodation. Most common examples include bars, restaurants, gas stations, movie theaters, and hotels. Other examples include private entities who are service providers, such as doctor's offices and nonprofit relief organizations. If a city contracts with the Red Cross or another private service provider, the city remains subject to title II, and the other private entity would have independent Title III obligations.
On another front, recipients of federal financial assistance are subject to Section 504 of the Rehabilitation Act of 1973. Section 504 is enforced by each federal agency that provides Federal financial assistance and covers entities that receive such assistance to provide programs for emergency services. These include fire departments, police departments, and private non–profit organizations. The scope of the requirements here are the same as Title II of the ADA.
It is worth noting that Section 504 of the Rehabilitation Act also applies to the activities of the Federal Government itself. Section 504 applies to the federally conducted activities of Federal Executive agencies, such as, for example, the Department of Homeland Security, the National Park Service, and the Social Security Administration. Under the Rehabilitation Act, federal agencies have an obligation to provide reasonable accommodations to employees with disabilities, including an obligation to accommodate employees with disabilities in evacuation procedures, sheltering, etc.
Employment outside the Federal sector is covered by title I of the ADA. Title I covers private employers and State and local governments with 15 or more employees. It also requires reasonable accommodation, including an obligation to accommodate employees with disabilities in evacuations, sheltering, and other facets of emergency planning and implementation of related plans. Section 504 imposes similar requirements on employers that receive Federal funds.
I would like to tell you about Project Civic Access, a nationwide effort by the Department of Justice to ensure that towns themselves are accessible to people with disabilities. The main focus has been on town halls and city facilities, such as parks, sidewalks, and websites. We have entered into over 150 settlement agreements with local governments across the country.
Since 9/11, our focus has broadened also to include accessibility in emergency preparedness and planning for people with disabilities. A number of agreements now include emergency preparedness provisions. All Project Civic Access agreements may be found on our website at http://www.ada.gov. There are a number of important issues to consider, and these have also been addressed in our PCA agreements.
If you keep the following key points in mind, you will take substantial steps forward on meeting the needs of people with disabilities within emergency preparedness situations.
These tips that I have just given you should serve merely as the starting point. To help you with learning more, I am pleased to inform you that the Civil Rights Division recently released Chapter 7 of the ADA Best Practices Tool Kit for State and Local Government, an important resource for communities that are in the process of planning for accessibility. It is available on our website at http://www.ada.gov. Dov Lutzker, a long-time disability rights attorney in our Division who was just named Special Counsel in the Disability Rights Section, will provide you with further background about this material, following my remarks.
For those new to working with people with disabilities, there may be questions regarding how to identify key leaders in your area who can provide qualified and invaluable perspective and expertise. In determining how to move ahead, it is critical to understand that people with disabilities come in all shapes, sizes, and colors. Representing one in six Americans, they are of any age and come from every socio-economic classification. In short, disability can touch all of us. As is the common saying in the disability world, ours is the only minority one can join.
Sometimes, people possess disabilities such as mine (being blind and using a long white cane). But, in many other cases, the disabilities themselves may not be visible at all such as for those who have psychiatric disabilities, learning disabilities, or invisible medical conditions such as epilepsy. For those with invisible disabilities, all too often, people tend either to say or think, "Gosh, you don't LOOK disabled." Just please keep in mind that there is often more to life than meets the eye. Leaders in the disability community stand ready to provide information that will prove extremely valuable to you as you move forward to address the diverse needs of different populations, and remember that there is no such thing as a "one size fits all" approach. To get you started, here are some networking resources that you may begin to use right away:
Now, my friends, you are armed. I have given you the basics surrounding emergency preparedness and people with disabilities, and I have provided you with various ways to reach out to leaders and members of the disability community. As leaders in the emergency preparedness field in this state, the next steps are up to you. I respectfully urge you not to think of people with disabilities as an afterthought but rather to involve us in every facet of what you do. We want to contribute, and we are eager to help. We believe very strongly in the value of self-determination, and one important area in which this is so critical is emergency preparedness. "Nothing about us without us."
In looking at where we are, the process of planning for accessibility in emergency preparedness is in its infancy. We have much to learn and to accomplish. It is vital to include people with disabilities at all stages of this process.
It will be important for us to share innovative practices and to learn from experience. We have already learned much from responses to earthquakes, rolling blackouts, and wildfires in California; tornadoes in Kansas; and hurricanes in Florida. Let us individually and collectively take our work to the next level.
We in the Department of Justice are already working actively with the Department of Homeland Security and other agencies on the Interagency Coordinating Council on Emergency Preparedness and Individuals with Disabilities. We look forward to being a resource as we strive to centralize emergency preparedness information that is both user-friendly and pertinent to the work of various stakeholders including disability organizations, emergency preparedness professionals, social service agencies, government entities, first responders, private sector businesses, and others.
Working together, we can make America a more secure and safe place for all of its people, including people with disabilities. Let's get it done!
Good morning. During the past year, the Civil Rights Division has been issuing a technical assistance series known as the ADA Best Practices Tool Kit for State and Local Governments. In the Tool Kit, we explain how the basic requirements of the ADA apply to different state and local government programs, services, and activities. We also provide checklists to help state and local officials determine if they are in compliance with ADA requirements. Finally, we provide action plans to help governments that are not in full compliance get there.
Our most recent chapter of the Tool Kit deals with a critically important area - emergency management. People with disabilities represent, on average, at least 15% of every community in the United States. Yet, the needs of this significant segment of the population have often been overlooked in preparing for emergencies. One reason for this is a knowledge gap - people in the emergency management field have often not had background or experience dealing with people with a variety of disabilities or have not had much training about disability rights laws.
The Civil Rights Division issued Chapter 7 of the Tool Kit to address this knowledge gap. In the chapter, we discuss how the requirements of the ADA apply to the various aspects of emergency management, from planning and preparedness, to notification, evacuation, and sheltering and, finally, to recovery and remediation. We provide a checklist for evaluating the accessibility of shelters. We also provide a checklist for use in evaluating the ADA compliance of policies and procedures.
People with disabilities have the right to participate in all emergency programs, services, and activities provided by governments, private businesses, and nonprofit organizations. A person may not be refused access or participation simply because of a disability.
Example - Notification: When an emergency is imminent, everyone must be notified and receive the information they need to take responsible, appropriate action.
People with disabilities must be able to access and benefit from emergency programs, services, and activities equally with everyone else.
Example - Evacuation: People with disabilities, including people who use wheelchairs and scooters for mobility, must have transportation that can safely get them to the right place, even if they cannot travel independently to pick-up areas. Some people need transportation starting from their home. Others need wheelchair-accessible transportation. In addition, like other members of the public, people with disabilities must be able to evacuate with their families or care giver, and take clothing and other personal items they may need in a shelter with them. People with disabilities may need to be transported with oxygen tanks or other medical equipment, service animals, or adaptive equipment that they need to function independently in addition to the clothing and personal items that everyone else needs.
Emergency programs, services, and activities typically must be provided in an integrated setting. To provide emergency shelter in an integrated setting, basic support services must be available, such as assistance in wayfinding, eating, dressing, transferring to or from a wheelchair, toileting, and reminders to take medication. Assistance and social/human services must be provided to all individuals through the same application and review process - not separately or after the fact.
Example - General Population Shelters: People who use wheelchairs may not be required to go to a separate shelter from the general population and may not be sent to a different shelter from family members or other people who provide them with support. Shelters need to house people with varied disabilities and provide the supportive services they need to function in that setting. If a person with a disability has a medical condition requiring hospitalization, family members and others who provide support may not be involuntarily separated.
Emergency programs, services, and activities must be provided in a manner that results in an optimal level of functional independence for people with disabilities. People with disabilities have the right to participate in programs designed to serve the general public. Individuals with disabilities are the most knowledgeable people to determine their needs - instead of trying to guess or predict what their needs may be, just ask them.
Example - Emergency Planning and Operations: Emergency planners sometimes assume that they know what will be best for people with disabilities and design evacuation, sheltering, and other emergency programs based on those assumptions. But those assumptions are frequently wrong, since even people with the same type of disability have different abilities and needs. People with disabilities have the right to make choices about the options that will best meet their needs. Like everyone else, in order to make informed choices, people with disabilities need accurate information about their options for emergency preparedness, sheltering in place, evacuation, transportation, sheltering, housing, and participation in other emergency programs.
Emergency programs, services, and activities must be provided at locations that all people can access, including people who use wheelchairs, scooters, and other mobility aids and people with limited stamina. People with disabilities must be able to enter and use emergency facilities. Accessible features include parking, drop-off area, entrance and exit, security screening areas, toilet rooms, bathing facilities, sleeping areas, dining facilities, other areas where programs, services, or activities are provided. If a designated emergency facility is not accessible to people with disabilities, it needs to be made accessible, either through permanent or temporary means, or a different facility needs to be chosen.
Rules, policies, practices, and procedures used in emergency programs and emergency facilities may not deny equal access to people with disabilities. Program and facility operators must make reasonable modifications to rules, policies, practices, and procedures to provide equal access to individuals with disabilities.
People with disabilities must be given the same information that is given to the general population, and they must be notified in an emergency in a way that is understandable to them, and timely. Consider communication formats for those who are blind or have low vision, those who are deaf or hard of hearing, and those with speech, or cognitive disabilities. Auxiliary aids and services must be furnished when necessary to ensure effective communication with people with disabilities. These include sign language interpreters, use of video relay service, teletypewriters (TTYs), pen and paper to facilitate exchange of notes, message boards, written materials in Braille, large print, and people to assist in reading and filling out forms. People with Disabilities Are Individuals: No "One Size Fits All"
Individuals with disabilities do not all require the same accommodations and do not all have the same needs. There are many different types of disabilities that affect people in different ways. Emergency planning should consider the needs of people who use mobility aids, people who require portable medical equipment, people who ordinarily rely on personal care attendants, people who use service animals, people who are blind or have low vision, people who are deaf or hard of hearing, people who have a cognitive disability, people with mental illness, and those with other types of disabilities. Individuals with disabilities require different levels and types of supports. Do not assume that a person with a disability needs assistance or that specific types of assistance will be helpful to all people with the same type of disability. The best way to determine if a person with a disability needs assistance, or if assistance is needed, what type to provide, is to ask that individual what he or she needs.
The Department of Justice continues to be active in advancing the rights of people with disabilities at the local, state, and national levels. It is the responsibility of each and every one of us to do our part. Thank you.