Victory: Senate Unanimously Passes Rosa’s Law to Remove R-Word from Federal Books

From the Office of Barbara A. Mikulski (8.6.10):

Mikulski, Enzi Applaud Passage of Rosa’s Law

Bill strikes “mental retardation” and “mentally retarded” from federal education, health & labor laws

U.S. Senators Barbara A. Mikulski (D- Md.)  announced that her bill introduced to eliminate the terms “mental retardation” and “mentally retarded” from federal education, health and labor laws passed the Senate on Thursday night by unanimous consent. Senator Mike Enzi (R-Wyo.), ranking member of the Senate Health, Environment, Labor and Pensions Committee, was one of the original co-sponsors.

“This bill was driven by a passion for social justice and a compassion for the human condition,” Senator Mikulski said.

The inspiration for the law came from the actions of a family in Edgewater, Maryland. Last year, a mother of four named Nina Marcellino found out her youngest daughter, Rosa, a child with Down syndrome, had been labeled retarded at school. Nina didn’t allow the R-word in her house, and none of her children described their sister that way. Nina teamed up with other parents and her state delegate to introduce a bill to change the terminology in Maryland state law. Before the bill was brought up for consideration in the Maryland General Assembly, they held a hearing on the implications of changing the term.

There were several witnesses at that hearing, but the testimony that had the greatest impact was given by an 11-year-old boy: Rosa’s brother, Nick. “What you call people is how you treat them,” Nick said. “What you call my sister is how you will treat her. If you believe she’s ‘retarded,’ it invites taunting, stigma. It invites bullying and it also invites the slammed doors of being treated with respect and dignity.”

Senator Mikulski met Nina at a roundtable discussion on special education last April. Nina told the Senator about Rosa’s Law and their plans to bring it up for consideration in the state Assembly.Senator Mikulski promised Nina that if the state law passed the Assembly, she’d take it to the Senate floor. Two weeks later, Rosa’s Law was unanimously approved by the General Assembly and then signed into law by Governor O’Malley.

Rosa’s Law changes the phrase “mentally retarded” to “an individual with an intellectual disability” in health, education and labor law. It makes the language in federal law consistent with that used by the Centers for Disease Control, the health arm of the United Nations, and the White House through the President’s Committee for People with Intellectual Disabilities.

“The bill is simple in nature but profound in what it will do when it is enacted,” Senator Enzi said. “For far too long we have used hurtful words like ‘mental retardation’ or ‘MR’ in our federal statutes to refer to those living with intellectual disabilities.  While the way people feel is important, the way people are treated is equally important. Rosa’s Law will make a greatly-needed change that should have been made well before today – and it will encourage us to treat people the way they would like to be treated.”

The Marcellinos story is a perfect example of effective citizen advocacy,” Senator Mikulski said. “They pulled together to pull us all to another way of thinking. They fought for the respect and dignity of a loved one. The more than 6 million people with intellectual disabilities in America deserve that same respect and dignity.”

A similar bill has been introduced in the House and has 63 cosponsors. The law does not affect any services, rights, responsibilities or educational opportunities for people with intellectual disabilities.

Department of Justice Office of Public Affairs FOR IMMEDIATE RELEASE Thursday, July 15, 2010 Justice Department Reaches Comprehensive Settlement with National Owner of Gas Stations Resolving ADA Claims

WASHINGTON – The Justice Department today announced a comprehensive settlement under the Americans with Disabilities Act (ADA) with QuikTrip Corporation, a private company that owns and operates more than 550 gas stations, convenience stores, travel centers, and truck stops in the Midwest, South and Southwestern United States.  Under the consent decree, which was filed today along with a complaint in the U.S. District Court for the District of Nebraska, QuikTrip will create a $1.5 million compensatory damages fund for individuals who were victims of discrimination based on disability, as well as take various steps to make its stores accessible.

The Justice Department initially opened the investigation in response to complaints about inaccessible parking by two individuals with disabilities in the Omaha, Neb., area.  The lawsuit filed by the Justice Department alleges that the investigation revealed a nationwide pattern and practice of discrimination on the basis of disability.  QuikTrip Corporation worked with the Justice Department to amicably resolve the matter without active litigation.

“On July 26, 2010, we will celebrate the 20^th anniversary of the ADA, a landmark civil rights law that ensures equal access and equal opportunity for individuals with disabilities.  Ensuring full and equal access to all businesses open to the public is a top priority, and the Justice Department is committed to vigorous enforcement of the ADA to ensure equal opportunity for individuals with disabilities,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. 

“Convenience stores and gas stations are a critical part of everyday life in America, and these facilities must afford equal access to individuals with disabilities,” said Assistant Attorney General Perez.  “QuikTrip has worked cooperatively with the department so we could resolve this case without active litigation and has affirmed its commitment to serving individuals with disabilities by taking the necessary actions to achieve ADA compliance at all of its stores.”

Under the settlement, which remains subject to court approval, QuikTrip Corporation will:

• Make necessary modifications at its current stores over a three year period to achieve compliance with ADA accessibility requirements.  QuikTrip has retained an independent licensed architect approved by the department to certify compliance with the ADA architectural standards for each of its current stores;
• Design and construct future stores so they comply with the ADA architectural standards and obtain a certification of ADA compliance for each future store from the independent licensed architect or a construction manager who has been trained by the architect on ADA compliance issues;
• Ensure that at least two fueling positions at each of its current stores and all fueling positions at each store opened after the entry of the consent decree are accessible to individuals with disabilities, including the fuel dispenser controls, self-service payment mechanism, call button and amenities. At QuikTrip stores opened after approval of the consent decree, two fuel dispensers will be on the shortest accessible route to the store entrance;
• Adopt, implement and train store employees on policies to ensure fueling and other types of indoor and outdoor assistance for people with disabilities, equal access for individuals who use service animals, and maintaining accessible features, such as accessible parking and routes;
• Ensure and maintain operation of remote notification systems for outdoor assistance after an initial testing and upgrade of notification systems that may take up to six months;
• Implement and maintain an ADA comment line and complaint resolution process and take appropriate corrective actions to resolve ADA-related complaints received from customers;
• Ensure the accessibility of its website, www.quiktrip.com ;
• Pay a maximum civil penalty in the amount of $55,000;
• Create a $1.5 million compensatory damages fund to compensate the complainants and other aggrieved persons who make timely claims to the Justice Department.  Claims must be received within 180 days of entry of the consent decree by the court.

 

The consent decree was reached under Title III of the ADA, which prohibits discrimination against individuals with disabilities by businesses that are open to the public, including gas stations, convenience stores, and other retailers, both large and small.  More information about the Civil Rights Division and the laws it enforces is available at the website www.justice.gov/crt .  More information about the settlement with QuikTrip can be found at www.ada.gov or by calling the toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TTY).

The following press release is forwarded to you by the DBTAC-Great Lakes ADA Center (www.adagreatlakes.org) for your information:

PRESS RELEASE
8-12-10

Axiom Staffing Will Pay $35,000 To Settle EEOC Disability Discrimination Suit

EEOC Charged that Staffing Agencies Refused to Place Applicant because of Her Back Impairment

BALTIMORE – Two staffing agencies will pay $35,000 and provide equitable relief to settle a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.

The EEOC charged that Axiom Staffing Group, Inc., and Axiom Staffing Group of Virginia, Inc., refused to place Deborah Reynolds through their Hagerstown, Md. facility because of her back impairment, even though Reynolds had years of experience performing clerical and customer service duties. The EEOC said that hiring officials made derogatory comments about her impairment, such as stating that Reynolds would be “too much of a liability because of her back.”

The Americans with Disabilities Act (ADA) prohibits discrimination based on disability. The ADA also requires employers to reasonably accommodate an individual’s disability unless doing so would impose an undue hardship on the employer. The EEOC attempted to reach a voluntary settlement before it filed suit in U.S. District Court for the District of Maryland, Northern Division, Civil Action No. WDQ-09-2567.

In addition to the monetary relief to Reynolds, the consent decree settling the lawsuit enjoins Axiom Staffing Group of Virginia from engaging in any employment practice which discriminates on the basis of disability. Axiom Staffing Group of Virginia will provide additional training on the requirements of the ADA and post a notice regarding the resolution of the lawsuit. Defendants denied liability in the consent decree.

“It has been twenty years since the passage of the ADA, but sadly too many employers still make employment decisions based on unsubstantiated fears and biases about the abilities of individuals with disabilities,” said Regional Attorney Debra Lawrence of the EEOC’s Philadelphia District Office, which has jurisdiction over Maryland.

During fiscal year 2009, disability discrimination charges reached a record level of 21,451– an increase of 10 percent from the prior fiscal year.

The EEOC enforces federal laws prohibiting employment discrimination. Further information about the Commission is available at its web site at www.eeoc.gov.

Young Adults Will Soon Be Able To Remain on Parents’ Health Plans

Last Updated: 8/20/2010

Help is available for families of children with special needs whose private health insurance will no longer cover children once they reach a certain age. The new federal health insurance law requires many private insurers to allow children to remain on their parents’ health insurance plans until they are 26 years old.

Families of children with special needs who have private health insurance, typically through work, face a dilemma when their child gets older. Under many private health insurance plans, coverage for children ends once the child reaches a certain age — typically 21, depending on state law. Although some private insurance plans allow parents of a child with disabilities to continue coverage well into the child’s adult years, many plans terminate coverage regardless of the child’s disability status. At that point, parents must obtain alternate health insurance for their child, often through Medicaid or some other state or federal program.

There is some good news for families who find themselves in this position. As part of this year’s healthcare reform law, many private insurers must allow children to remain on their parents’ health insurance plans as dependent family members until they are 26 years old. While some states may require insurance plans to extend coverage even further than this, the new law makes sure that all children will have access to their parents’ insurance until at least age 26.

Unlike many provisions of the new law that do not go into effect until 2014, the age limit requirement begins to take effect in October 2010 and must be completely in effect as of the new year. Although the law applies to many types of employer-provided group health insurance, it does not apply to state-sponsored plans or ERISA plans. However, for a majority of families who receive health insurance through their employers, the new law adds several years of certainly to what was previously an unclear future for their children with special needs.

U.S. Senate Passes 21st Century Communications & Video Accessibility Act (S.3304) by Unanimous Consent!

by Jenifer Simpson, AAPD Senior Director  for Government Affairs

On Thursday, August 5, 2010, just before the U.S. Senate adjourned for their recess at 10 p.m., they voted for passage of the “Twenty-first Century Communications and Video Accessibility Act of 2010″ (S. 3304) by unanimous consent. Up until a few hours before passage of the bill, activists from the American Association of People with Disabilities (AAPD), American Council for the Blind (ACB), American Foundation for the Blind (AFB) and the National Association for the Deaf (NAD) were educating Senators about the measure and advocating for keeping in  language that would ensure more consumer safeguards. And, due to the extraordinary efforts of advocates across the country who responded to recent Action Alerts and contacted their Senators in the critical days before and of the vote, we have now taken a monumental step forward in accessible technology…

…S. 3304 will now go to the House of Representatives for its vote. Advocates support and expect the House to pass S. 3304 on Tuesday. Then on to the President for his signature! Like the ADA twenty years ago, we continue to make history!

Dispute & Mediation Employment Laws & Regulations Update: 10 Reasons to Mediate 

The below video link introduces businesses to the U.S. Equal Employment Opportunity Commission’s (EEOC) National Mediation Program. Mediation is an alternative to traditional EEOC investigations that helps to resolve disputes quickly and easily. 

http://www.eeoc.gov/eeoc/mediation/10reasons.cfm 

Source: disability.gov 

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Workplace Accommodations for Employers Update: Job Accommodations for People with Voice DisordersBelow fact sheet from the Job Accommodation Network gives a brief overview of some of the accommodations that might be useful for people with voice disorders in the workplace. These include interviewing job candidates in a quiet room and avoiding trying to complete words or sentences for the individual. 

http://www.disability.gov/clickTrack/confirm/13745937?external=false&parentFolderId=7135&linkId=361297 

Source: disability.gov