News From the Federal Agencies

| News | Docket | Question | Focus | Calendar |

U.S. Access Board

Inclusive Design of Autonomous Vehicles: A Public Dialogue

the U.S. Access Board, in partnership with other federal agencies, will host a series of virtual meetings on making autonomous vehicles (AVs) accessible to passengers with disabilities. The four-part series will provide an open forum where meetings on making autonomous vehicles (AVs) accessible to passengers with disabilities. The four-part series will provide an open forum where members of the public and stakeholders can discuss considerations, challenges, and solutions in designing accessible AVs. All are welcome to attend.

W3C Publishes Working Draft of the Web Content Accessibility Guidelines (WCAG) 3.0

The World Wide Web Consortium (W3C) has published the First Call Public Working Draft of its Web Content Accessibility Guidelines (WCAG) 3.0, which are developed through the W3C process in cooperation with individuals and organizations around the world.
U.S. Equal Employment Opportunity Commission (EEOC)

EEOC Sues McLane Northeast for Disability Discrimination

McLane Northeast, a distribution company with a facility outside Baldwinsville, N.Y., violated federal law by refusing to interview a qualified applicant because she was deaf, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed.

Northwest Indiana Fast Food Restaurant Sued by EEOC for Disability Discrimination

A northern Indiana fast food restaurant violated federal law by rescinding its job offer and failing to accommodate an applicant with a disability it initially hired, according to a lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC).

Treehouse Foods Sued by EEOC for Disability Discrimination

ATLANTA – Treehouse Foods, Inc. / Treehouse Foods Private Brands, Inc., a food products manufacturer, violated federal law when it denied a machine operator in its Forest Park bakery a reason¬able accommodation for her physical disabilities, the U.S. Equal Employment Oppor¬tunity Commission (EEOC) charged in a lawsuit it recently filed.

Kindred at Home to Pay $160,000 to Settle EEOC Disability Discrimination Lawsuit

ATLANTA – Gentiva Health Services, doing business as Kindred at Home, a provider of home health services including nursing and rehabilitation assistance, will pay $160,000 to settle a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC).

U.S. Department of Justice (DOJ)

$2.25 Million Fund Available in Justice Department Settlement with Amtrak

Amtrak is accepting claims for monetary compensation for people with mobility disabilities who traveled or wanted to travel from or to one of 78 stations and encountered accessibility issues. Claims must be submitted by May 29, 2021. On December 2, 2020, the Department of Justice and Amtrak entered into an agreement that Amtrak will fix its inaccessible stations and pay $2.25 million to victims hurt by inaccessibility at 78 stations.

JUSTICE DEPARTMENT REACHES AGREEMENT WITH NEVADA TO END DISCRIMINATION AGAINST INMATES WITH DISABILITIES

The Justice Department reached a settlement agreement with Nevada to resolves the department’s findings that the Nevada Department of Corrections (NDOC) violated the ADA by segregating inmates with HIV and denying inmates with disabilities classification and placement at lower-custody levels and facilities where they can reintegrate back into the community. Among the terms of the agreement, Nevada will amend its policies, practices, and procedures; train NDOC staff and inmates on HIV and disability discrimination; designate statewide and facility-specific ADA Coordinators; and implement an ADA grievance procedure.

Settlement Agreement Between the United States of America and the Board of Election Commissioners for the City of St. Louis

During the April 2, 2019 election, the United States surveyed 39 of the Board’s 111 polling places used during the election. The United States observed that all of the 39 polling places surveyed contained at least one or more architectural barrier, such as stairs, excessively sloped parking areas, narrow doorways, steep ramps, protruding objects, and inaccessible doorknobs, that rendered the facilities inaccessible to voters with disabilities.

Justice Department Files Lawsuits Against Two Bakersfield, California Doctors for Discrimination Against Patient with HIV

The Justice Department filed complaints against two Bakersfield, California obstetrician-gynecologist (OB/GYN) doctors alleging that they refused to provide routine medical care to a patient on the basis of disability, in violation of Title III of the Americans with Disabilities Act (ADA). The lawsuits allege that Dr. Chibiuike Anucha, MD, PC, and Dr. Umaima Jamaluddin, MD, in unconnected incidents, refused to provide routine OB/GYN care, including a Pap smear, to the patient because she has HIV.

The United States of America, Plaintiff, v. Dr. Chibuike Anucha, MD, PC, Defendant.

The United States of America, Plaintiff, v. Dr. Umaima Jamaluddin, MD, Defendant.

U.S. Department of Transportation (DOT)

U.S. Department of Transportation Announces Final Rule on Traveling by Air with Service Animals

The U.S. Department of Transportation (Department or DOT) is issuing a final rule to amend the Department’s Air Carrier Access Act (ACAA) regulation on the transport of service animals by air. This final rule is intended to ensure that our air transportation system is safe for the traveling public and accessible to individuals with disabilities.

U.S. Department of Transportation Announces Over $41 Million in Awards for Innovative Technologies to Improve Transportation Mobility and Access for Persons with Disabilities

$41 million to 15 teams in 15 states through two Department of Transportation design challenges to improve transportation access to persons with disabilities and individuals with mobility challenges.

U.S. Department of Transportation Releases Draft Strategic Plan on Accessible Transportation

The U.S. Department of Transportation (DOT) published a draft of its first Strategic Plan on Accessible Transportation (Accessibility Strategic Plan), a noteworthy step in making America’s transportation system more accessible for all travelers.

The Docket

| News | Docket | Question | Focus | Calendar |

Businesses Now Face ADA Risk Related to COVID-19 Mandatory Employee Mask-Wearing Policies

By Michelle M. McGeogh,
Lori Sommerfield,
Ballard Spahr LLP

A class action lawsuit filed in September 2020 against Nike alleging that its policy requiring retail employees to wear Nike-branded, opaque masks discriminated against deaf and hard of hearing consumers under Title III of the Americans with Disabilities Act (“ADA”) deserves attention from retail banks and non-bank financial services companies with brick-and-mortar facilities open to the public.

The case’s important takeaway is that compliance with COVID-19 safety guidance mandating masks can also create obligations to accommodate individuals with disabilities under the ADA and similar state laws.

The named plaintiff alleged that Nike’s policy discriminated against deaf and hard of hearing consumers because they cannot read the salesperson’s lips to communicate. Last week, the plaintiff filed an unopposed motion seeking approval of a settlement (currently pending court approval) under which Nike would be required to (i) provide guidance to its employees on how to properly accommodate deaf or hearing-impaired consumers; (ii) post notices in its California stores related to accommodations available for such individuals; (iii) provide its California employees with clear facemasks; and (iv) provide writing instruments for consumers who are deaf or hearing-impaired to communicate with sales staff, if needed. Nike would also be required to pay Bunn $5,000 as the named plaintiff and pay her attorney’s fees in the amount of $85,000.

Under Title III of the ADA, any place of “public accommodation” (which specifically includes banks) must make their goods, services and facilities accessible to individuals with disabilities, and – if needed – provide accommodations for such individuals upon request to ensure effective communication. Typically, requests for accommodation are made by individuals with disabilities and a business develops a customized solution for that individual, but the Nike case suggests that employees should be better trained to accommodate customers, including how to effectively communicate with deaf individuals while masks are mandated during the COVID-19 pandemic.

Retail banks and non-bank financial services companies with brick-and-mortar facilities open to the public may wish to consider implementing the steps Nike has agreed to take in the proposed settlement agreement as a way to mitigate risk. Although many financial institutions likely already provide ADA training to front-line staff (e.g., tellers) and pens/pencils to consumers who visit their facilities, institutions may want to consider enhancing ADA training, posting a notice in branch locations, and providing clear facemasks for employees. The Nike case may also have broader implications. For example, financial services companies that are not consumer-facing may need to consider additional accommodations for deaf/hearing-impaired employees in the workplace.

Question

| News | Docket | Question | Focus | Calendar |

Q1: What responsibilities do stores and other businesses have in clearing snow from parking spaces, sidewalks and other areas? It is that time of year when the snow is falling and I want to know what the ADA says about snow removal.

The Americans with Disabilities Act requires businesses as well as state and local governments to maintain the accessible features of their buildings and facilities. Maintaining accessible features includes removing snow from accessible parking spaces and access aisles, sidewalks that are part of an accessible route to entrances and that includes any curb ramps located along the accessible route. Additionally, snow should be removed from around accessible entrances and if a power door is provided removing snow from around the door activating panel.

Often snow is piled into the access aisle located next to the accessible parking space. This renders the space unusable and should not be done.

Businesses and government agencies are not expected to have snow removed immediately after it has fallen but should take steps to remove snow as soon as possible. Removal of snow from these areas should be a priority. Failure to remove snow and ice from these areas will make the building/facility inaccessible to some persons, including persons with mobility and sensory disabilities.

Resources
ADA Update: A Primer for State and Local Governments
ADA UPDATE: A PRIMER FOR SMALL BUSINESS

In Focus

| News | Docket | Question | Focus | Calendar |

New partnership aims to make TMA disability-friendly

The Press
By: Press Staff Writer

The Toledo Museum of Art (TMA) and The Ability Center of Greater Toledo (ACT) signed a memorandum of understanding on Feb. 2 establishing a new, multi-year strategic partnership with co-investment by both organizations. The collaboration will support ACT and TMA in their efforts to create a community and a museum that aspire to be the most disability-friendly in the country.

The establishment of the Manager of Access Initiatives position – a new role and the first of its kind at a major art museum – demonstrates the potential of this partnership.

The shared role will bring ACT’s knowledge and resources to the museum for a period of several years, equipping TMA with the expertise to identify and systematically eliminate barriers to encounters with art, improving the museum experience for people with disabilities at any stage of life.

“Seeking the expertise of The Ability Center as a guide, the Toledo Museum of Art is prioritizing its vision to become the model among art museums for its culture of belonging,” said Adam Levine, Toledo Museum of Art Edward Drummond and Florence Scott Libbey director. “The museum is holding itself accountable to a formal Diversity, Equity, Accessibility and Inclusion (DEAI) plan, which is being developed with input from staff, volunteers, board and the community. The strategic partnership with The Ability Center, unique in our field, strengthens TMA’s efforts to become a more inclusive museum and community partner. We aim to become the most disability-friendly art museum in the United States.”

“One in four people in the U.S. has a disability that impacts the way they connect with the world around them, including their experience of fine art and museums,” said Tim Harrington, The Ability Center executive director. “Everyone has a role in creating a community that is disability friendly; at The Ability Center, we work to challenge both attitudes and real-world conditions for people with disabilities. The Ability Center, through its supporting organization, is investing in this project as part of its strategic initiatives. We look forward to working with the Toledo Museum of Art to ensure the museum fully welcomes the potential and participation of each of its visitors, including those who live differently.”

Serving at the core of the partnership, the Manager of Access Initiatives will audit museum policies, procedures, practices and physical plant, making recommendations to incorporate aspects of inclusive design and enhance accessibility. Following rigorous measurement, assessment and evaluation – and a determination of demonstrated progress in making TMA more accessible to people with disabilities – the Manager of Access Initiatives will eventually transition to begin work with another local organization in a similar strategic partnership.

The job description for the new position is posted at toledomuseum.org/jobs, and applications are being accepted immediately.

Dedicated funding has been identified to implement the recommendations made through the audit process. “The museum, with generous support from Judith, Joseph and Susan Conda, has funded both the position’s competitive salary and the costs associated with implementing the Manager of Access Initiatives’ recommendations,” Levine said. The partnership will simultaneously serve as an ongoing proving ground for The Ability Center’s initiatives while fueling regional conversations about accessible spaces, inclusive programs and employment opportunities.

Both TMA and ACT have been supported by – and have been active members of – the Toledo community and the greater region for more than a century. Since its founding in 1901, the Toledo Museum of Art has earned a global reputation for the quality of its collection, its innovative and extensive education programs and its architecturally significant campus. Thanks to the benevolence of the museum’s founders, Edward Drummond Libbey and Florence Scott Libbey, and the continued support of its members, TMA remains a privately endowed, non-profit institution and opens its collection to the public, free of charge.

The Ability Center has been supporting independence for those with disabilities since 1920, when The Rotary Club of Toledo founded a society to raise funds to build a hospital for children with polio. The first hospital and convalescent home for children with disabilities opened in 1931 and was made possible through a gift from the Edward Drummond Libbey estate. After undergoing several evolutions as an agency, in its centennial year of 2020, The Ability Center unveiled initiatives that highlight its history of service and its role in creating a disability-friendly community.

Trainings and Events

| News | Docket | Question | Focus | Calendar |