5 Things Everyone Should Know About People With Disabilities
What do you really need to know about disability? If you’re not disabled yourself, and don’t have a child, spouse, brother or sister, or parent with disabilities, how knowledgeable and up to date on disability issues are you expected to be?
The first deaf-blind student to graduate Harvard Law School wants everyone to join the fight for more accessibility: ‘I’ve been advocating for years. We need non-disabled people to start doing the work.’
Meet Haben Girma, the first deaf-blind student to graduate from Harvard Law School. She's also a disability rights advocate who wants everyone to join the fight for more accessibility.
What Disability Pride Means to Me
This July marks the 30th anniversary of the signing of the Americans With Disabilities Act in 1990. For the first time, Americans with disabilities were going to have equal opportunity and access like those without — or that’s what was supposed to happen. There is still a lot of progress to be made 30 years later.
Is Everyone Who Had COVID-19 Now Disabled Under The ADA?
There are still many unknowns when it comes to the long-term health impacts of COVID-19 infections. Although medical studies on these impacts are ongoing, preliminary research indicates that COVID-19 infections may potentially cause a number of physiological and neurological impediments in survivors. These impediments appear to range from the predictable, such as lung damage, to the unexpected, including blood clots, heart problems, and attention or memory impairments. Whether these medical issues will be temporary impediments or persist long-term is subject to continuing study.
One question is, will these impacts qualify affected employees as being disabled under the ADA? The answer will depend in large part on the severity and duration of the post-recovery conditions at issue.
Perhaps a more difficult question for employers will be, what obligations do employers have if they know an employee had COVID-19, but aren’t aware of specific long-term conditions the employee has? An employer may have a duty to accommodate if the employee’s disability is obvious, even if an employee doesn’t request an accommodation. If an employee had COVID-19, is it obvious that the employee may have a persisting health condition? The medical community is still answering that question, and it may be some time before government guidance and courts can address the issue.
What does this mean for an employer who finds that an employee who has historically been a good performer starts missing deadlines or returning sub-par work after their recovery from a COVID-19 infection? Or a field operator is unable to maintain his normal pace? A normally punctual manager begins to miss calls and meetings? We may not be able to ignore or dismiss the possibility that these issues stem from long-term impacts of COVID-19. If that is the case, the issues could trigger the need for an interactive process under the ADA. Employers may need to ask: Is there a physical or mental impairment? Is there a reasonable accommodation that can address it? Can the employee, with or without accommodation, still perform their job?
The EEOC has noted that it is acceptable for employers to provide accommodations on an interim or trial basis, either while waiting on medical documentation or in order to respond to changing government guidance and restrictions. Employers should explore this form of accommodation as an option if and when an employee’s situation is impacted by new medical issues following a COVID-19 infection.
City of Williamsport sued in federal court for violating anti-discrimination laws
A lawsuit was filed yesterday against the City of Williamsport for violating the Americans with Disabilities Act. The suit alleges that the city has neglected its duty to provide individuals with disabilities unencumbered access to entrance and the indoor facilities of City Hall.
Currently, city hall does not have an ADA accessible ramp to the main entrance of the building. The inside of the building also lacks reasonable accommodations for wheelchair access.
Approximately 17% of the civilian institutionalized population of Williamsport are disabled and 3,362 members of the city's population have ambulatory difficulties.
The lawsuit against the city was filed by four individuals as well as two local advocacy groups, The Center for Independent Living, North Central PA (CILNCPA) and ADAPT North Central PA.
"We have tried to work this out, but time is up." said Misty Dion, the CEO of CILNCP. "We are asking the court to order the city to obey the law, provide the long promised front door ramp, make inside of City Hall safe, and provide money for damages."
The two attorneys on the case are David Ferleger (Jenkintown, Pa.) and Thomas H. Earle (Philadelphia, Pa.) who are experienced with civil rights and ADA lawyers.
According to Ferleger, the city "has approved architectural designs for a ramp, and years ago received bids to do the work and had the money in hand to pay for it."
The lawsuit comes at the 30 year anniversary of the American's with Disabilities Act, which was passed in 1990.
Noting the anniversary of the historic Act, Thomas H. Earle stated, "It is both sad and unconscionable that a city must be compelled by lawsuit to fully and safely open its government's doors to all of its citizens."