The ADA Report - September, 2023

Update on Federal Activities

HHS Issues New Proposed Rule to Strengthen Prohibitions Against Discrimination on the Basis of a Disability in Health Care and Human Services Programs. (9/2/2023)

Public comments on the NPRM are due 60 days after publication of the NPRM in the Federal Register. The NPRM may be viewed or downloaded at the Federal Register: https://www.federalregister.gov/public-inspection/2023-19149/discrimination-on-the-basis-of-disability-in-health-and-human-service-programs-or-activities

A fact sheet on the NPRM is available at: https://www.hhs.gov/civil-rights/for-individuals/disability/section-504-rehabilitation-act-of-1973/fact-sheet/index.html

Employment

EEOC Cases

Jury Awards Over $36 Million in EEOC Disability Discrimination Case Against Werner Trucking (9/1/2023)

-Nebraska trucking company refuses to hire and and provide reasonable accommodation to qualified deaf driver.

Sinclair Broadcast Group to Pay $85,000 to Settle EEOC Disability Suit (8/312023)

-Help desk technician unlawfully fired because of disability, federal agency charges.

United Labor Agency Will Pay $32,371 to Settle EEOC Disability Discrimination Suit (8/29/2023)

-Labor agency settles federal charges it denied employee with breast cancer reasonable accommodations and forced her to resign.

Walmart Refused to Provide Qualified Interpreters for Deaf Employees, EEOC Charges in Suit (9/8/2023)

-Overnight stockers at a store in Olathe, Kansas forced to resign after being denied reasonable accommodations.

Articles & Resources

How Return-to-Office Mandates Could Affect Workers with Disabilities

Caregiving and Workplace Flexibility Brief (EARN, 8/18/2023)

Business Benefits: The Positive Impacts of Disability Inclusion

(EARN, 8/25/2023)

Accessible Facilities

Notable Changes in Public Right-of-Way Accessibility Guidelines Final Rule (9-1-2023)

U.S. Access Board Makes Webinar Available on Designing Accessible Electric Vehicle Charging Stations (8-24)

New Design for the 2024 International Codes

-The 2024 International Codes® (I‑Codes®) have undergone substantial formatting changes as part of the digital transformation strategy of the International Code Council® to improve the user experience.

Healthcare and Emergency Preparedness

988 Suicide & Crisis Lifeline Adds American Sign Language Services for Deaf and Hard of Hearing Callers (9-8-2023)

Quick Resources for People with Disabilities Experiencing Wildfires and Other Disasters

-from the national Rehabilitation Information Center (NARIC) new resources and hidden gems collection.

The National Institutes of Health (NIH) is Seeking Comments and Suggestions on Updating the NIH Mission Statement

In a report from an NIH Advisory Committee, one immediate recommendation was to remove the language of “reducing disability” from the current NIH mission statement as the language "could be interpreted as perpetuating ableist beliefs that disabled people are flawed and need to be “fixed”. The NIH is considering a revised the mission statement to be, “To seek fundamental knowledge about the nature and behavior of living systems and the application of that knowledge to enhance health, lengthen life, and reduce illness.” Comments on this revision are open until November 24, 2023.

More Resources and News

Technical Assistance Brief: Resources on Starting and Funding Volunteer Transportation (National Aging and Disability Transportation Center, August, 2023)

Kansas City Zoo opens their accessible Sobela Ocean Aquarium

The Kansas City Zoo is considered one the most accessible zoos in the US. The newly opened Sober Ocean Aquarium features the same commitment to inclusion and accessibility. Read about the features of the KC zoo and aquarium.

Trainings and Conferences

2023 VIRTUAL ADA COORDINATOR CONFERENCE!

OCTOBER 9-11, 2023

REGISTRATION IS OPEN!

This 3-day event is open to the public. ACTCP members can earn credit towards certification or renewal. (ACTCP membership is not required to attend.) CEUs and AIA LU|HSW credits are also available upon request. ASL Interpreters and Real-Time Captioning (CART) will be provided in all sessions.

Check out the full schedule and register today!

ADA National Network Trainings:

What You Should Know About the Pregnant Workers Fairness Act (Virtual)

Tuesday, September 19th, 2023 1:00pm -2:30PM Central

Sponsor: Great Lakes ADA Center, ADA National Network

A Review of Conflicting Court Cases Related to the ADA (Virtual)

Wednesday, September 20th, 2023 1:00-2:30PM Central

Sponsor: Great Lakes and Southwest ADA Center

Microsoft Inclusive Design: Cognitive Exclusion (Virtual)

Thursday, September 21st, 2023 1:00 - 2:30 PM Central

Sponsor: Southeast ADA Center, Great Lakes ADA Center

Maps for All-Building Accessible Maps