A project of the Institute for Human Centered Design
August 2020 Newsletter
ADA Question of the Month
Question: I have health conditions that put me in the Center for Disease Control’s category for people vulnerable to infection of the Coronavirus. I’ve been successfully working from home since March. My company is considering having staff return to the office. I’m worried that I may be putting my health at risk if I return where there are several sales reps and customers in and out of the office. Can I continue to work remotely as a reasonable accommodation under the Americans with Disabilities Act (ADA)? How much time does my company have to respond to my request?

The answer is at the end of the newsletter.
COVID-19 Updates
A Warning About Fake Face Mask Exemption Cards
Fake face mask exemption card
The U.S. Department of Justice (DOJ) recently issued a warning about phony face mask exemption cards. Recently, the group called the Freedom to Breathe Agency issued such fraudulent cards that claim the cardholder is exempt from wearing a face covering. Our own Kathy Gips provides insights into the face mask debate.

NEW FACTSHEET: Face Coverings and Businesses: Balancing the ADA with Public Health During COVID-19
The Northwest ADA Regional Center has published a factsheet that covers what business owners may and may not ask customers with disabilities regarding their ability to wear a face covering. It further explains how to engage customers in interactive dialogue to identify a reasonable accommodation, examples of accommodations, and when an accommodation may not be possible. The factsheet also discusses whether a person has an absolute right to enter a business without a mask and the use of fraudulent exemption cards.

To read more, click Face Coverings and Businesses.
Image source: file photo.
Invisible Disabilities Top of Mind for Employers Amid Return to Work Orders
Coronavirus, invisible disabilities and employment
Employers have questions about accommodating employees with high-risk underlying disabilities and mental health impairments, an ADA expert said. Amid the COVID-19 pandemic, as many organizations focus on a return-to-work plan to bring remote workers back to the office, experts have been fielding many questions about employee accommodations. Questions regarding invisible disabilities have been top the list.

To read more, click Invisible Disabilities.
Image source: image courtesy of HR Dive.
WEBINAR: Addiction and Recovery Workshop During COVID-19 (Part 1 and Part 2)
New England ADA Center and IHCD Graphic
The New England ADA Regional Center will host a two-part webinar, Addiction and Recovery Workshop During COVID-19 - Part 1 on August 18th, at 10:00 a.m. - 11:00 a.m., and Addiction and Recovery Workshop During COVID-19 - Part 2, on August 20th at 10:00 a.m. - 11:00 a.m. Presenters will discuss the definition of disability under the Americans with Disabilities Act (ADA) and how it applies to addiction and recovery. They will illustrate how the ADA applies to people with alcohol and substance use disorders with different scenarios. Finally, presenters will discuss the protections that the ADA provides. Registration is free and required.

To register for Part 1, click Addiction and Recovery During COVID-19 - Part 1.
To register for Part 2, click Addiction and Recovery During COVID-19 - Part 2.
New England ADA Center's COVID-19 webpage
New England ADA Center IHCD Combined Graphic
People with disabilities have a right of participation in society even during a pandemic. We have collected resources to help people understand their rights. Read more about how the ADA relates to programs and services provided during the COVID-19 pandemic.

To read more, click COVID-19 Webpage.
Regional News
DOCUMENTARY PREMIERE: The Changing Reality of Disability in America: 2020
On August 19th from 12:00 p.m. to 2:00 p.m. the Institute for Human Centered Design (IHCD) will hold a virtual event that attempts to document the experience of disability in America today. This event coincides with the 30th anniversary passage of the Americans with Disabilities Act. A key focus of our research is to go beyond the data to tell stories of people who inform our understanding of what full participation requires today. This documentary film shines a light on the stories of those all too often left behind. There will be a 30-minute viewing of the film, which will be followed by a panel discussion. Register for free on Eventbrite.

Rhode Island Governor's Commission on Disabilities (GCD) Year-long Celebration of ADA 30th Anniversary
Rhode Island Governor's Commission on Disabilities Logo
The GCD began their year-long celebration of the 30th Anniversary of the signing of the Americans with Disabilities Act by participating in a podcast hosted by Coalition Talk Radio. The main topic of conversation was the importance of the ADA today and where we can go in the future. Several videos from that week of celebration can be found on their Twitter page @RI_Disabilities. The GCD has more exciting events planned to celebrate the ADA.

To watch the radio broadcast click, Year-long ADA 30th Celebrations.
Massachusetts General Hospital (MGH) Enters Agreement with U.S. Attorney’s Office to Better Ensure Equal Access
Massachusetts General Brighams
Recently, MGH and the Massachusetts U.S. Attorney’s Office entered a settlement agreement, under Title III of the Americans with Disabilities Act, to resolve allegations that MGH denied a patient with cystic fibrosis eligibility for a lung transplant because he was being treated with a prescription medication for opioid use disorder (OUD). Because the patient was being treated with prescription medication to treat his OUD, MGH rejected him for consideration for a transplant.

To read more, click MGH Enters Agreement.
Image source: image courtesy of MGH.
New England ADA Center is Open and Provides Webinars on the Americans with Disabilities Act
New England ADA Center IHCD Combined Graphic
During this pandemic, compliance with the ADA is even more critical whether you are a municipality, non-profit organization, state agency or business. The New England ADA Center provides webinars on the Americans with Disabilities Act. We are open for business and here to take your call. Let us help you ensure that everyone can participate in your services. Contact us at 800-949-4232 or ADAinfo@NewEnglandADA.org with your questions or to request a training.

To request training, click New England ADA Center Webinars.
National News
Equal Employment Opportunity Commission (EEOC) Releases Technical Assistance on Opioid Addiction and Employment
EEOC Seal
The increase of opioid use and abuse in recent years poses unique challenges to the workplace. These documents aim to provide clarity to the public regarding existing legal requirements under the law. The two documents are: “Use of Codeine, Oxycodone, and Other Opioids: Information for Employees,” and, “How Health Care Providers Can Help Current and Former Patients Who Have Used Opioids Stay Employed.
Lawsuit Demands Sign Language at White House Virus Briefings
symbol for sign language
The National Association of the Deaf says, that the lack of American Sign Language interpreters at coronavirus briefings violates the First Amendment. The association is seeking to force Mr. Trump and other White House officials to use American Sign Language, interpreters during coronavirus press conferences to make them accessible to people who are deaf and hard-of-hearing.

NEW TOOLKIT: Make Rural Community Events Accessible for All
rural country fair
The toolkit was created to help community members make sure their rural community events are accessible and inclusive. It includes resources such as checklists of accessibility issues and tools that help advocates conduct surveys and collect feedback from event attendees. The toolkit also contains materials with step-by-step instructions on how to analyze that feedback so it can be shared with event organizers.

To read more, click Accessible Rural Events.
Image source: image courtesy of Play and Go Adelaide.
Telework for People with Disabilities
National Training Institute's Kate Brouse
Many people need or want to work from home, especially people with disabilities who may be more susceptible to COVID-19. NTI is a national nonprofit to help people with disabilities find at-home jobs. The organization provides free job training and potential placement. NTI’s Kate Brouse was interviewed on new ways to help individuals with disabilities work.

To learn more, click NTI Interview with Dan Michaels.
Image source: image courtesy of Twitter.
Dancing While Deaf: What It's Like to Move to Music You Can't Hear
Lexine Brooks Deaf dancer
"Some dancers use mirrors just for vanity," says Lexine Brooks, a Deaf dancer who began training at age 2. For nearly two decades, she's learned choreography in all sorts of ways, including an FM system that amplified her teachers' instructions in her ears. Today, she prefers to learn dance through American Sign Language and counting—as well as keeping an eye on the mirror.

To read more, click Dancing While Deaf.
Image source: image courtesy of Twitter.
After #OscarsSoWhite, Disability Waits for Its Moment
Ali Stroker, actress who uses a wheelchair
Social movements like #OscarsSoWhite and #MeToo have started important conversations about an industry with entrenched disparities. Entertainers were asked how they have navigated their careers, and where their hopes lie for the future of their industry. Actors with disabilities are rarely tapped to play disabled characters. Ali Stroker, Marlee Matlin and others share their views on representation in the entertainment industry.

To read more, click Disability Waits for Its Moment.
Image source: image courtesy of the New York Times.
REPORT: Administration on Community Living (ACL) Releases "Profile of Older Americans" Data Report
elderly couple walking down the path (of life)
ACL has released the latest "Profile of Older Americans," which is an annual summary of the available statistics related to the older population in the United States. The Profile illustrates the shifting demographics of Americans age 65 and older.

To read more, click Profile of Older Americans.
Image source: image courtesy of Needpix.com.
Answer to the ADA Question of the Month
Answer: Some health conditions may be related to a disability, therefore you may be a person that is protected by the ADA. The ADA definition of disability is: a physical or mental impairment that substantially limits a major life activity. You can make the request for remote work as a reasonable accommodation. When a disability is not apparent, the employer can request documentation from a reliable source that you have an ADA disability and that connects your disability to the need for the accommodation. If you are meeting all the tasks that are essential to your job, the continuance to work remotely may be reasonable. The ADA does not state a specific time frame for an employer’s response to a reasonable accommodation request. The conditions around businesses reopening is ever changing and it may take some time to process your accommodation request. The Equal Employment Opportunity Commission suggests that: “Employers may opt to provide a requested accommodation on an interim or trial basis, with an end date, while awaiting receipt of medical documentation,” (EEOC, 2020). The employer should be processing the accommodation in a reasonable time frame. On occasion, it may be good to request a status update. For more information on employment and the ADA during the pandemic visit our website, click New England ADA Center COVID-19 and the ADA.
Stay Connected:
Access New England features topics related to the Americans with Disabilities Act (ADA), originating from the ADA Center, our state affiliates, the ADA National Network, and national sources.

The New England ADA Center is a member of the ADA National Network funded by the Administration for Community Living through National Institute on Disability, Independent Living, and Rehabilitation Research Grant  90DP0087.