New England ADA Center. Letters ADA are cut out against three corresponding angular green quadrilateral polygon.
A project of the Institute for Human Centered Design

August 2022 Newsletter

ADA Question of the Month

Question: I applied for a job recently. Part of the application process required a medical exam. They said I wouldn’t be accepted to the program if I didn’t do the examination. During the exam, the doctor asked me, “Are you taking any prescription drugs?” I was prescribed a medication to help my recovery from addiction to opioids, so I said, “Yes, Suboxone.” Doesn’t the ADA protect me from answering questions like this? 

 

The answer is at the end of the newsletter.

Just for Laughs
A young student stands opposite a desk of an educational professional. Mom sits at the side. The educator says, “We can accommodate food allergies, physical disabilities, and learning disorders, but if your son is a technophobe, we have nothing for him.”
Events

Virtual Disability Forum with Candidates for the Massachusetts Attorney General and Governor’s Race

The Arc, Massachusetts

Thursday August 11 and

Thursday September 8

6:00 p.m. – 7 p.m. EDT

Zoom Webinar


The Arc of Massachusetts and its partners recently announced two upcoming nonpartisan Virtual Disability Forums for the Democratic and Republican candidates running for both Governor and Attorney General of the Commonwealth of Massachusetts. The forums will be an opportunity to hear candidates speak and answer questions about issues important to the disability community. Register at the links below or email [email protected].


Register for the August 11th Attorney General’s Forum.

Register for the September 8th Governor’s Forum.

Health Care Access for Patients with Cognitive Disabilities

Line drawing depicts a patient sitting at a medical desk with a healthcare professional.

Tuesday, August 16

2:00 p.m. - 3:30 p.m. EDT

Zoom Webinar


People with cognitive disabilities (such as intellectual, learning, communication, autism, ADHD, and psychiatric disabilities) face numerous barriers to maximizing their health and full potential. Learn how reasonable modifications of policies, practices, and procedures ensure people with cognitive disabilities have access to the care they need. Participants will have an opportunity to pose questions to the speakers following the presentation.


Register for Health Care Access for Patients with Cognitive Disabilities.

Education and the ADA Twitter Chat

ADA National Network Twitter Chat (Twitter logo with two different color chat bubbles).

Wednesday, August 24th,

1:00 p.m. - 2:00 p.m. EDT

Twitter Chat


The ADA National Network will be hosting a chat on Education and the ADA just in time for back-to-school season. They will be cover the top most frequently asked questions about higher education and the ADA. Make sure you attend to get all your questions about your rights under the ADA answered before the school year begins.


Education and the ADA Twitter Chat.

Join the 29th Annual Mid-Atlantic ADA Center’s ADA Conference

ADACon, the Mid-Atlantic ADA Conference 2022

October 12 - 13

Alexandria, Virginia


The Mid-Atlantic ADA Center will host ADACon 2022!, which is a comprehensive conference on the Americans with Disabilities Act (ADA) at the Hilton Alexandria Mark Center, Alexandria, Virginia. The in-person conference offers attendees the opportunity to select from over 30 breakout sessions, network with other professionals with similar interests and concerns, and earn continuing education hours for professional development requirements. Conference session topics will cover ADA implementation and disability inclusion. A limited capacity pre-conference will be held Tuesday, October 11. Save $50 during early bird registration! Conference registration fee is $600 through August 8.


Register for 29th Annual Mid-Atlantic ADA Center’s ADA Conference.

MOD: Accessibility in a Digital World – Disability Summit

Disability rights lawyer and activist Lainey Feingold (older woman with gray hair and dark rimmed glasses). Image courtesy of MOD.

Thursday, October 27

10:00 a.m. - 1:00 p.m. EDT

Zoom Webinar and

Live event, Somerville, MA


The Massachusetts Office on Disability (MOD) announces disability rights lawyer, author, and pioneer in both the digital accessibility legal space and in collaborative problem-solving Lainey Feingold as keynote for this year’s summit. Since 1995, she negotiated several ground-breaking settlement agreements – all without filing a single lawsuit. She was recognized as both the Problem Solver of the Year and a Legal Rebel by the American Bar Association. Lainey is committed to MOD's vision of a more accessible digital world, and they are excited to welcome her as this year's keynote speaker.


Register for MOD: Accessibility in a Digital World – Disability Summit.

Image source: image courtesy of MOD.

Regional News

New Law Opening the Doors to Inclusive Higher Education for Individuals with Intellectual Disabilities and Autism

Students with blue graduation caps

Massachusetts state colleges and universities will now include individuals with intellectual disabilities and autism. The law includes provisions that remove barriers precluding persons with Intellectual Disabilities (ID) and Autism from participating in higher education. Individuals with ID and autism who cannot pass MCAS and who do not obtain a regular high school diploma can participate as non-matriculating students in courses with their nondisabled peers and participate in extracurricular activities and other aspects of campus life, with supports and services necessary to facilitate inclusion.


New Law Opening the Doors to Inclusive Higher Education for Individuals with Intellectual Disabilities and Autism

Image source: image courtesy of Rawpixel.

New England ADA Center Wins Top Spot in ADA Jeopardy!

ADA Jeopardy Winner the New England ADA Center (hand holds a trophy).

The New England ADA Center won top honors in the ADA Jeopardy 2022 Finals, hosted by the Great Lakes ADA Center on July 25th, with the Southeast ADA Regional Center placing second. Players from both teams tested their knowledge of the ADA, presenting their answers in the form of a question. Viewers can watch archived videos from the first round and the final round to learn more about the ADA and test their own knowledge about this important civil rights law.


New England ADA Center Wins Top Spot in ADA Jeopardy!

Image source: Image courtesy of the Great Lakes ADA Center.

Rhode Island Governor’s Commission on Disabilities Seeks to Fill Two Assistant ADA Coordinator Positions

Rhode Island Governor's Commission on Disabilities Logo

The Governor’s Commission on Disabilities is seeking applicants to fill two state government unclassified positions by mid-September. The positions are: Assistant ADA Coordinator for Accessibility and Assistant ADA Coordinator for Employment and Services. The position will require: ”Ensuring compliance with federal and state disability rights laws, by providing information and technical assistance, investigating complaints, in ‘the area of specialization’ under the jurisdiction of the Commission, and doing related work as required.” Individuals interested in applying should email [email protected] and include in the subject line “New ADA Coordinators.”


Rhode Island Governor’s Commission on Disabilities Seeks to Fill Two Assistant ADA Coordinator Positions.

Bennington, Vermont Making Sure its Buildings are Accessible to People with Disabilities

The red Henry covered bridge in Bennington Vermont.

Recently officials and representatives from the Vermont Center for Independent Living (VCIL) toured town buildings as part of an audit and update of Bennington’s ADA Self-Evaluation and Transition Plan, which was first adopted in 1995. The Recreation Center, Bennington Firehouse, the Police Department building, the town offices and the Senior Center were checked for noncompliant areas. Select Board Chairperson Jeannie Jenkins stated, “This process is very important to us, and we have truly appreciated [VCIL’s] expertise, and the time their staff and peers have taken to help us look at town buildings with fresh eyes.”


Bennington, Vermont Making Sure its Buildings are Accessible to People with Disabilities

Image source: image courtesy of Flickr by Charlie Kellogg.

Vermont Disability Advocates Focus on Disability Rights to Note 32nd Anniversary of the ADA

VCIL Congressional forum where several state representatives met to discuss disability rights.

Vermont Statewide Independent Living Council (VTSILC) and Vermont Center for Independent Living (VCIL) held a congressional forum on July 26 at Capitol Plaza. The forum included: Sen. Becca Balint, Sianay Clifford, Lt. Gov. Molly Gray, Liam Madden and Ericka Redic. The date was important as it was the 32nd Anniversary of the signing of the Americans with Disabilities Act (ADA). Questions around disability justice were solicited from advocates and peers in advance. During the ADA Celebration, VCIL presented Izabel Estrin of Putney, Hannah Gallivan of Bristol and Sean Plumer of Huntington with the Deborah Lisi-Baker Youth Leader Award.


Vermont Disability Advocates Focus on Disability Rights to Note 32nd Anniversary of the ADA

Image source: image courtesy of VCIL by Nick Morlan.

VCIL’s Peter Johnke Discusses the ADA ‘Across the Fence’

Across the Fence, University of Vermont Extension

Peter Johnke, deputy director at the Vermont Center for Independent Living, which is an affiliate of the New England ADA Center, joins ‘Across the Fence’ host Fran Stoddard for their episode of “Increased Access & Opportunity: The Anniversary of the Americans with Disabilities Act,” The program celebrates the 32nd year of the ADA. The Americans with Disabilities Act (ADA) was signed in 1990 by President Bush. Johnke reviews the importance of the civil rights legislation. He goes on discuss some of the foundations of the ADA like the different titles, the definition of disability, and reasonable accommodations. Johnke also clarifies different misconceptions of the ADA.


VCIL’s Peter Johnke Discusses the ADA ‘Across the Fence.’

National News

New Guidance on Nondiscrimination in Telehealth

Seal of the United States Department of Health and Human Services

Many health care providers and patients turned to telehealth during the COVID-19 pandemic. It is a more accepted way to provide and receive health care services. The U.S. Department of Health and Human Services (HHS) and the U.S. Department of Justice (DOJ) are committed to ensuring that health care providers who use telehealth, including telehealth that is available 24/7, do so in a nondiscriminatory manner. The guidance, explains how various federal laws require making telehealth accessible for people with disabilities and limited English proficiency.


New Guidance on Nondiscrimination in Telehealth.

EEOC Updates Guidance Related to COVID-19

Equal Employment Opportunity Commission Seal

EEOC recently updated a number of Q&As in July. It included section A.6 of the guidance, which is the discussion on conducting medical examinations related to worksite COVID-19 viral screening testing. The EEOC makes clear that going forward employers will need to assess whether current pandemic circumstances and individual workplace circumstances justify viral screening testing of employees to prevent workplace transmission of COVID-19. This change is not meant to suggest that such testing is or is not warranted.


EEOC Updates Guidance Related to COVID-19.

988, the New Three-Digit Mental Health and Suicide Lifeline Debuts in the U.S.

988 Suicide and Crisis Lifeline

988 is now active across the United States. The new, shorter phone number will make it easier for people to remember and access mental health crisis services. The 988 Suicide & Crisis Lifeline is a national network of local crisis centers that provides free and confidential emotional support to people in suicidal crisis or emotional distress 24 hours a day, 7 days a week. They are committed to improving crisis services and advancing suicide prevention by empowering individuals, advancing professional best practices, and building awareness.


988, the New Three-Digit Mental Health and Suicide Lifeline Debuts in the U.S.

Image source: image courtesy of 988lifeline.org.

President Biden’s Proclamation on the Anniversary of the Americans with Disabilities Act   

The White House, Washington seal.

President Biden noted the significance on the creation of the ADA, the nation’s first comprehensive declaration of equality for people with disabilities. He recognized that the ADA has been a driving force in moving America closer to the promise of equal opportunity, full participation, independent living, and economic self-sufficiency for the 61 million individuals with disabilities in the country. The President stated that he will keep working to eliminate barriers to inclusion and equitable access in our society.


President Biden’s Proclamation on the Anniversary of the Americans with Disabilities Act.

Uber Commits to Changes and Pays Millions to Resolve Justice Department Lawsuit for Overcharging People with Disabilities

Uber Logo

The Department of Justice filed in court today a multi-million-dollar settlement agreement with Uber Technologies Inc. (Uber) to resolve a lawsuit alleging that Uber violated the Americans with Disabilities Act (ADA). Under the agreement, Uber will offer several million dollars in compensation to more than 65,000 Uber users who were charged discriminatory fees due to disability. According to the complaint, in April 2016, Uber began charging passengers wait time fees in a number of cities, eventually expanding the policy nationwide.


Uber Commits to Changes and Pays Millions to Resolve Justice Department Lawsuit for Overcharging People with Disabilities.

U.S. Access Board Issues Design Recommendations for Accessible Electric Vehicle Charging Stations

Two blue vehicles parked at electric charging station.

The U.S. Access Board released technical assistance document that reviews existing requirements and new recommendations for making electric vehicle (EV) charging stations accessible. This technical assistance will aid in the development of a national network of EV charging stations that are accessible to everyone, including people with disabilities. The technical assistance is a valuable resource for those involved in the planning, designing, building, installing, and use of EV charging stations.


U.S. Access Board Issues Design Recommendations for Accessible Electric Vehicle Charging Stations.

Image source: image courtesy of the U.S. Access Board.

Study: Supplies of a Drug Meant to Fight Opioid Addiction Fell During the Pandemic

A person hands another a dose of methadone

According to a new study the nation’s per capita supply of methadone fell 20% from the first quarter of 2020. Reductions in the per capita methadone supply occurred across 35 states and the District of Columbia. Florida and New Hampshire both experienced the largest decreases at nearly 50%. Policy experts see this as a red flag since the decrease of methadone was not replaced with buprenorphine. The authors also posit that the decrease could be an indication there may be inadequate access to effective interventions.


Study: Supplies of a Drug Meant to Fight Opioid Addiction Fell During the Pandemic.

Image source: image courtesy of Flickr by Josh Estey.

Answer to the ADA Question of the Month

Answer: Yes, as a person with a disability, you have protections under the ADA. Medical exams and disability-related question that seek information about physical or mental impairments, including questions about prescriptions during the application and interview process (pre-offer stage) are prohibited. The medical exam required that you divulge prescription medications, which revealed your impairment. It is important to note that after a position is offered but before starting the job, they may make medical inquiries, require medical exams and ask disability-related questions, including prescriptions provided it does so for all individuals within a job category. They also have the right to ask questions about use of alcohol or drugs, or extent of use, or diagnosis of addiction to alcohol or drugs. You must disclose a disability if asked, but only after they offer you a position. To learn more on this topic see our fact sheet The ADA, Addiction, Recovery, and Employment or call us toll free at 800-949-4232.

Show You Know!

Participate in our monthly interactive quiz feature where you answer our disability-related question.


Question: How many accessible doors or entrances at a business are required for new construction by the ADA 2010 Standards for Accessible Design?


   1) All entrances must be accessible.

   2) Only one entrance must be accessible.

   3) Fifty percent [50%] of the entrances must be accessible.

   4) Sixty percent [60%] of the entrances must be accessible.


Email your answer to [email protected] by September 30.

First person to respond with the correct answer will be featured in next month’s newsletter. 


Last month’s Show You Know! answer

Thank you to, Sandt Michener, ADA Coordinator at the New Hampshire Department of Transportation, for being the first person to submit the correct answer.


The question was, Which individuals listed below have protections under the ADA?

     1) Individuals participating in medical assisted treatment programs for substance

     abuse disorders who are not currently illegally using drugs.

     2) Individuals who compulsively gamble.

     3) Individuals who have kleptomania

     4) All the above..


“1” was the correct answer. 

The ADA is clear – people with addiction are people with disabilities and have civil rights under the law. The ADA protects a person who is in recovery; and is no longer using drugs illegally. Recovery means that a person: is in recovery from substance use disorder; has ceased engaging in the current illegal use of drugs; is participating in a supervised rehabilitation program; or has been successfully rehabilitated. If a person is in recovery or is in a treatment program and not currently using drugs illegally, then the person is protected from discrimination.

To learn more read our fact sheet The ADA, Addiction, and Recovery.

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New England and Center a project of the Institute for Human Centered Design
We strive to ensure the Newsletter and the content we share is accessible. Unfortunately we have limited control of external websites. Please email us at [email protected] if you encounter any issues accessing the newsletter or related content.

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  90DPAD0011.