Resolve to Make 2017 More Accessible! Join the NCRTM Community of Practice (CoP) Section 508: Frustrations & Fixes
Beginning on January 9th, 2017, the National Clearinghouse of Rehabilitation Training Materials (NCRTM) will host a 10-week online Community of Practice (CoP) focused on accessibility – Section 508: Frustrations and Fixes. Section 508 of the Rehabilitation Act requires all federal agencies and institutions that receive federal funding to ensure that people with disabilities can access their electronic and information technology. Creating accessible documents can sometimes be challenging and intimidating. The purpose of this CoP hosted by NCRTM is to create an open space to share perspectives about barriers to creating and remediating accessible digital materials; and identify bridges that will lead to more widespread digital accessibility. For more information on the CoP visit http://ncrtm.ed.gov/Default.aspx.
The group will be using Facebook as the CoP platform. To request access to the group visit https://www.facebook.com/groups/Section508/.
Please direct questions to NCRTM@neweditions.net.
Settlement Agreement:
Ohio Department of Rehabilitation and Correction
John Dempsey Hospital
Human Resource Executive Online
The U.S. 11th Circuit Court of Appeals decision clarified an issue of disability and hiring for employers operating in that region, but the decision does not deliver a clear-cut strategy nationwide.
The U.S. Equal Employment Opportunity Commission (EEOC) published regulations explaining what federal agencies must do to comply with their legal obligation to engage in affirmative action in employment and otherwise serve as "model employers" for individuals with disabilities. The regulations do not impose any obligations on private businesses or state and local governments. EEOC has also published a question-and-answer document on the regulations.
Section 501 of the Rehabilitation Act requires federal agencies to create affirmative action plans for the employment of people with disabilities, and to submit those plans to EEOC for approval. On May 15, 2014, EEOC published an Advance Notice of Proposed Rulemaking (ANPRM) asking for public input on how the EEOC should revise its regulations to clarify what an affirmative action plan must include. On Feb. 24, 2016, the Commission proposed regulations based on the input received, and sought further public comment on their proposals in a Notice of Proposed Rulemaking.
Court: Employees Seeking Accommodation Must Compete For Reassignments
Mondaq News Alerts
The 11th Circuit Court of Appeals ruled that a disabled worker forced to leave her position because of her physical impairment must compete for vacant jobs when seeking reassignment, handing a victory to her former employer. By concluding that employers have no obligation to provide preferential treatment to individuals with disabilities when attempting to accommodate them via reassignment, the court decision runs in direct conflict with various other circuits – and the EEOC – which have ruled otherwise. Unless and until the Supreme Court steps in to resolve the circuit split, employers must be sure to carefully navigate the various standards that exist across the country when accommodating their employees.
Lexology
On December 12, 2016, the Equal Employment Opportunity Commission (“EEOC”) issued a new resource document emphasizing that, under the Americans with Disabilities Act of 1990 (“ADA”), job applicants and employees with mental health conditions are protected from discrimination and harassment based on their conditions and may also have a right to reasonable accommodations. The resource document, Depression, PTSD, & Other Mental Health Conditions in the Workplace: Your Legal Rights, answers questions about how to get an accommodation, some types of reasonable accommodations, restrictions on employer access to medical information, confidentiality, and the role of the EEOC in enforcing the rights of people with disabilities.
Uber slow to fix wheelchair-accessibility woes
Chicago Tribune
Every company, young or old, faces a defining moment that shows what type of corporate citizen it's going to be. In Chicago, ride-sharing giant Uber Technologies is fast approaching such a flashpoint as it determines how to serve an important customer constituency, people who require wheelchair accessibility.
This month, Uber is scheduled to present a blueprint to the city outlining its plan for providing transit to people using electric and manual wheelchairs. Right now, San Francisco-based Uber isn't saying much except that it's committed to increasing service to that community.
Seasonal Affective Disorder - It Can Be More Than the Winter Blues
Lexology
As the weather continues to get colder and the days get darker, some people may notice that they feel more tired, experience weight gain, or struggle to get out of bed in the morning. For most, these symptoms begin in the fall, peak in the winter and resolve in the spring. Although the majority of people who experience these symptoms have nothing more than the “winter blues,” others suffer from a potentially debilitating condition known as Seasonal Affective Disorder (SAD). SAD is an extreme form of common seasonal mood cycles that can be associated with mild, moderate or severe depression. The condition is often, but not always, triggered by the changing of the seasons; some individuals who work long hours inside office buildings with few windows may experience symptoms all year round.
Developments in Disability Discrimination Law in 2016, and Predictions for the Future
Lexology
President-elect Trump made headlines during the campaign (as he often did) when he gave the appearance of mocking a physically disabled reporter. The election of Donald Trump in 2016 carries far-reaching implications for disability discrimination cases (as well as other employment discrimination matters), but they will not be felt until 2017 or beyond. After taking office, President-elect Trump will have the power to the influence regulatory and enforcement efforts of the Equal Employment Opportunity Commission (EEOC), which enforces the Americans with Disabilities Act (ADA). While another amendment to the ADA is unlikely, President-elect Trump stated his intent to appoint more conservative federal judges to fill more than 100 judicial vacancies, which could result in more narrow interpretations of the statute as we move from 2016 into 2017.
Is There Workplace Weight Bias, And Is It Against The Law?
Above the Law
A study at Yale found that “overweight adults were 12 times more likely to report having experienced weight-based employment discrimination than thinner persons.” As one of the authors stated, “What’s safe to conclude is that weight discrimination occurs at every stage of the employment cycle from getting hired to getting fired. … [H]iring professionals are less likely to hire an overweight candidate as opposed to a thinner candidate with the exact same qualifications.”
And a Vanderbilt University study noted that “Being overweight in the workplace is tougher on women than on men … Overweight women are more likely to make less money, work in more physically demanding jobs, and have less interaction with customers than average-size women and all men, including those who are also overweight.”
……………………We’ve already mentioned that 49 states and virtually every locality in the US permit weight bias, i.e., do not consider weight a protected class, or prohibit discrimination based solely upon weight. (But law junkies note: in late 2014, the European Court of Justice ruled that “obese people can be considered as disabled, but stopped short of saying that obesity was a condition that needed specific protection under European anti-discrimination laws.”).