Department of Justice

The Disability Pride Parade will take place in 2010 on July 24th.
Not only will there be the parade but there will also be exhibits in Daley Center of organizations which serve individuals with disabilities.

The overall mission of the Disability Pride Parade is:

To change the way people think about and define “disability”;
To break down and end the internalized shame among people with Disabilities; and
To promote the belief in society that Disability is a natural and beautiful part of human diversity in which people living with Disabilities can take pride.

The specific objectives for the parade are:

To organize a fully inclusive, annual event that will celebrate and strengthen the pride, power, and unity of people with disabilities, our families, and allies;
To generate national visibility of the Disability community

At the request of Sage Publications, Sarah Triano wrote the following definition of “Disability Pride” for the Encyclopedia of Disability:

” ‘Disability Pride represents a rejection of the notion that our physical, sensory, mental, and cognitive differences from the non-disabled standard are wrong or bad in any way, and is a statement of our self-acceptance, dignity and pride. It is a public expression of our belief that our disabilities are a natural part of human diversity, a celebration of our heritage and culture, and a validation of our experience. Disability Pride is an integral part of movement building, and a direct challenge to systemic ableism and stigmatizing definitions of disability. It is a militant act of self-definition, a purposive valuing of that which is socially devalued, and an attempt to untangle ourselves from the complex matrix of negative beliefs, attitudes, and feelings that grow from the dominant group’s assumption that there is something inherently wrong with our disabilities and identity.’

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

LABOR & EMPLOYMENT LAW

Commerce Clearing House (CCH)

March 15, 2010

Arizona bottling company settles EEOC suit for firing merchandiser due to diabetes

Kalil Bottling Co, a large Arizona soft drink bottling and distribution company, has agreed to settle a disability discrimination lawsuit filed by the US Equal Employment Opportunity Commission (EEOC), the agency announced on March 12, 2010. Kalil violated the Americans with Disabilities Act (ADA) when it fired Gerald Nez, who has diabetes, according to the lawsuit (EEOC v Kalil Bottling Co, DAriz, No CV 07-00488 TUC-BPV).

As a merchandiser, Nez was required to drive his own personal compact pickup truck to complete his duties. Despite at least four months of flawless work and an impeccable driving record, Kalil required that Nez pass a medical exam, the EEOC alleged. When the medical exam revealed that he had diabetes and was using insulin, Kalil fired him for that reason alone, the federal agency asserted.

Employer policy. For the last 30 years, Kalil has had a policy requiring all employees who drive any motor vehicles as part of their employment, even their own vehicles, to pass a federal Department of Transportation (DOT) medical exam designed for people seeking a commercial driver’s license (CDL) required for trucks over 10,000 pounds. Nez did not need a CDL to fulfill his job at Kalil, the EEOC argued.

“The DOT’s exam automatically prohibits people who use insulin from obtaining CDLs,” said Mary Jo O’Neill, the EEOC’s regional attorney in Phoenix. “That may be perfectly fine when the job requires a CDL, but Nez never needed a CDL to drive his own pickup for Kalil. Under the ADA, this policy is an unlawful qualification standard that tends to screen out individuals with disabilities, including people with diabetes.”

Firing an employee because of a disability violates Title I of the ADA, which prohibits employers from discriminating against qualified individuals with disabilities in employment, explained the EEOC. Employers may not try to get around the prohibitions against disability discrimination by relying on irrelevant qualification standards that screen out people with diabetes or any other disability, the EEOC advised.

Settlement terms. Nez is now deceased. Pursuant to the consent decree settling the suit, the company will pay $33,000 to Nez’s widow, conduct antidiscrimination training, and eliminate its policy of automatically excluding insulin-using people with diabetes from jobs involving operating motor vehicles.

“The key problem in this case is that insulin-requiring diabetes was an automatic exclusion from employment at Kalil,” said O’Neill. “The company failed to do an individualized assessment of Mr. Nez to see if, in fact, his diabetic condition made him a safety hazard. Millions of Americans use insulin and millions drive in their own car and are perfectly safe drivers.”

“We are pleased that Kalil decided to change its policy,” added EEOC Acting District Director Julie Bowman. “This outcome is a win-win. Kalil now has access to a larger pool of qualified applicants and people with disabilities have a more opportunity in the job market.”

For more information on this and other topics, consult CCH Employment Practices Guide or CCH Labor Relations.

Source:  http://hr.cch.com/news/employment/031510a.asp

Please Call Your State Senator Ask For Their Support!!

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From: DBTAC – Great Lakes ADA Information [mailto:GREATLAKES@LISTSERV.UIC.EDU] On Behalf Of Robin Jones
Sent: Friday, March 12, 2010 2:19 PM
To: GREATLAKES@LISTSERV.UIC.EDU
Subject: Press Release: Cross’ Pedestrians with Disabilities Safety Act passes IL House

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

 Press Release: Cross’ Pedestrians with Disabilities Safety Act passes IL House

Representative Tom Cross

316 State House
Springfield, IL 62706

(217)782-1331
(217)782-7012 FAX

March 11, 2010

 Rep. Cross proposes bill to better protect people with disabilities

 (Plainfield) Acting on the suggestions of his constituents, Rep. Tom Cross (R-Oswego) proposed legislation that creates the Pedestrians with Disabilities Safety Act—to help bring more awareness to the rights of pedestrians with disabilities and to impose a fine on those who violate this new Act. 

“Pedestrians with disabilities should have equal rights to the full use of streets, sidewalks, highways and walkways of the streets,” said Cross.  “Current state law doesn’t impose a fine for those who violate this Act—violators under this new law, who deny or interfere with the rights of a pedestrian with a disability to use streets, sidewalks, highways and walkways of this state, would face a misdemeanor charge.” 

Plainfield residents Valerie Brew-Parrish and Richard Parrish live with physical disabilities every day—they wanted to make sure that people with disabilities in Illinois communities were better protected and to bring awareness to some of these issues statewide. 

“Rep. Cross listened to our concerns and has really been a champion for us,” said Brew-Parrish.  “If we can get this legislation passed, I truly believe that pedestrians with disabilities will be safer.” 

The bill also includes a provision that would allow for safer road crossings.  It would require drivers to stop their vehicles at least 10 feet before approaching a pedestrian with a disability who is crossing a street and using a mobility device, service animal, or white cane.  It would also require the motorist to take all necessary precautions to avoid an accident or injury to the pedestrian with a disability. 

HB 5095 unanimously passed out of the Illinois House today, it now heads to the Illinois Senate for consideration.

Source:  http://www.tomcross.com/press-release-rep-cross-pedestrians-with-disabilities-safety-act-passes-il-house/

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How? you may ask, all because I had joined MedicAlert and my information was on file as were my doctors names and phone numbers.

Do you have a medical condition? Do you have a family member who has a medical condition? Do you have a family member who might need help at an emergency room? These are all reasons to join or have them join MedicAlert.

For more information go to www.medicalert.com