Disability Law - Archive

Dept of Justice Settlement with Commonwealth Rehabilitation Center

March 18, 2014 in Community News, Disability Law

3/18/2013 – NVRC applauds this recent action by the U.S. Department of Justice

 


 

FOR IMMEDIATE RELEASEMARCH 6, 2014

WWW.JUSTICE.GOV/USAO/VAE/

 

CONTACT: PRESS OFFICER

(703) 842-4050

usavae.press@usdoj.gov

Commonwealth Health & Rehab Center Agrees to Settle Claim That It Failed to Provide Effective Communication Services to Deaf Individuals

            ALEXANDRIA, Va. – The United States Attorney’s Office announced today a $162,500 settlement under the Americans with Disabilities Act (“ADA”) with Commonwealth Health & Rehab Center (“CHRC”), which is located in Fairfax County, Va. and is part of the Commonwealth Care of Roanoke’s network of skilled nursing facilities, to ensure effective communication with individuals who are deaf or hard of hearing in the provision of medical services. 

The United States Attorney’s investigation began with a complaint from the public alleging that CHRC violated the ADA by failing to provide appropriate auxiliary aids and services, including sign language interpreter services, to three individuals who are deaf (a resident of CHRC and two members of his family) during critical interactions relating to the patient’s medical care.  The complainants alleged that because of CHRC’s failure to provide sign language interpreter services, these three individuals were denied the benefit of effective communication with the skilled nursing facility’s clinical staff and the opportunity to effectively participate in treatment decisions.

 

“This settlement exemplifies our unwavering commitment to protect the rights of those who are deaf or hard of hearing and to ensure that they are able to communicate with health care professionals, especially when patients and their companions have critical interactions with medical providers,” said Acting U.S. Attorney Boente.

 

The settlement agreement requires that CHRC pay $160,000 to the three aggrieved individuals and a $2,500 penalty to the United States; provide training to the skilled nursing facility’s staff on the requirements of the ADA; and adopt specific policies and procedures to ensure that auxiliary aids and services are provided promptly to patients and companions who are deaf or hard of hearing.

 

This matter was handled by Assistant United States Attorney Steven Gordon, who coordinates the Civil Rights Initiative for the United States Attorney’s Office.

 

This case is a part of the Department of Justice’s Barrier-Free Health Care Initiative, which seeks to enforce the ADA’s prohibition of discrimination against disabled individuals by health care providers, including hospitals.  Through the Barrier-Free Health Care Initiative, U.S. Attorneys’ offices across the nation and the Department’s Civil Rights Division target their enforcement efforts on a critical area for individuals with disabilities—access to medical services and facilities.  The Barrier-Free Health Care Initiative is a multi-phase initiative that includes effective communication for people who are deaf or have hearing loss, physical access to medical care for people with mobility disabilities, and equal access to treatment for people who have HIV/AIDS.

 

The Department of Justice has a number of publications available to assist entities in complying with the ADA, including a Business Brief on Communicating with People Who Are Deaf or Hard of Hearing in Hospital Settings, at www.ada.gov/hospcombr.htm.  For more information on the ADA and to access these publications, visit http://www.ada.gov or call the Justice Department’s toll-free ADA information Line at 800-514-0301 or 800-514-0383 (TDD).  ADA complaints may be filed by email to ada.complaint@usdoj.gov.

 

A copy of this press release may be found on the website of the United States Attorney’s Office for the Eastern District of Virginia at http://www.justice.gov/usao/vae.  Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia at http://www.vaed.uscourts.gov or on https://pcl.uscourts.gov.

# # #

Deaf medical student to return to Omaha campus

March 18, 2014 in Disability Law

Posted: Mar 13, 2014 12:43 PM EDT
Updated: Mar 13, 2014 12:43 PM EDT

OMAHA, Neb. (AP) – A deaf medical school student who won a discrimination lawsuit against Creighton University . . .

Read about  . . .

Nebraska.TV

 


 

 

Fair Housing Videos for the Deaf and Hard of Hearing

February 11, 2014 in Community News, Disability Law

FairHousing

 

 

 

 

The U.S. Department of Housing and Urban Development is pleased to announce the creation of 12 videos in American Sign Language (ASL) with English captioning.  These videos provide critical legal and practical information in a format accessible to persons who are Deaf and/or Hard of Hearing.

These videos feature Deaf and/or Hard of Hearing Actors who provide important information related to fair housing and fair lending rights under the federal Fair Housing Act.

Due to their short length, these videos do not provide complete information about rights and responsibilities under fair housing laws.  If you believe you may have experienced discrimination, please contact one of the organizations identified at the end of this video.

HUD would like to thank the Disability Independence Group and the National Fair Housing Alliance for the production of these videos.

CLICK HERE to view video:  www.fairhousingdeafvideos.com

 

 

NAD Sues for Captioning of University of Maryland Sports Events

September 25, 2013 in Captioning / Relay, Disability Law, Uncategorized

 

NAD Sues for Captioning of Sport Events at University of Maryland

COLLEGE PARK, Md. (WJLA) – An association that advocates for the deaf and hard of hearing has sued the University of Maryland for not captioning public address announcements during on-campus sporting events.

The Silver Spring-based National Association of the Deaf (NAD), along with a Baltimore law firm, filed suit against the school Tuesday on behalf of Sean Markel and fellow Terrapin fan Joseph Innes.

The lawsuit claims that Maryland is violating Title II of the Americans with Disabilities Act, and states that the school needs to write whatever is being said on the public address system on the scoreboards and jumbotrons at Byrd Stadium and at the Comcast Center.

When Maryland star receiver Stefon Diggs makes a great play, most fans hear the details on the public address system.

But hearing-impaired fans like Sean Markel don’t.

“Often, I’m left out — I don’t know what’s being announced,” he said.

NAD executives say that teams nationwide need to make sure they cater to the needs of the hearing impaired.

“All professional and collegiate sports teams need to recognize that many fans, not just those who are deaf or hard of hearing, need captioning in sports stadiums and arenas to understand what is being announced,” NAD CEO Howard Rosenblum said in a statement.

For more information: http://tinyurl.com/kastp35

 

Distributed 2013 by Northern Virginia Resource Center for Deaf and Hard of Hearing Persons (NVRC), 3951 Pender Drive, Suite 130, Fairfax, VA 22030; www.nvrc.org; 703-352-9055 V, 703-352-9056 TTY, 703-352-9058 Fax. Items in this newsletter are provided for information purposes only; NVRC does not endorse products or services. You do not need permission to share this information, but please be sure to credit NVRC.  This news service is free of charge, but donations are greatly appreciated.

 

EEOC Disability Symposium on Sept. 26

September 23, 2013 in Community Events, Disability Law, Employment

EEOC TO HOLD DISABILITY SYMPOSIUM ON SEPT. 26
Sen. Tom Harkin to Headline Discussion in Commemoration of 40th Anniversary
of the Rehabilitation Act of 1973

 

From AccessInfo@fcc.gov

WASHINGTON –  On Thursday, Sept. 26, the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Labor will hold a public symposium from 12-5 p.m. entitled “The Past, Present, and Future of the Rehabilitation Act” at EEOC headquarters at 131 M Street, NE Washington, D.C. 20507.

Distinguished speakers will include Senator Tom Harkin (D-Iowa), as well as EEOC Chair Jacqueline Berrien, Commissioner Chai Feldblum, and other experts on disability issues. Other invited speakers include:

  • Debra Carr, Director of the Division of Policy, Planning and Program Development for the Office of the Federal Contract Compliance Programs, U.S. Dept. of Labor
  • Judith Heumann, Special Advisor, International Disability Rights, U.S. Dept. of State
  • Claudia Gordon, Public Engagement Advisor on Disability, Office of Public Engagement, The White House
  • Jeff Rosen, Chairperson, National Council on Disability
  • John Wodatch, retired Chief, Disability Rights Section, Civil Rights Division, U.S. Dept. of Justice
  • Robert Silverstein, Attorney, Powers, Pyles, Sutter & Verville PC
  • Ruby Moore, Executive Director, The Georgia Advocacy Office

Organizations who have an interest in the employment of individuals with disabilities will also exhibit in the hall outside of the symposium, beginning at noon. To reserve a space, e-mail RSVPAnderson@eeoc.gov.

Seating for the event is limited, so you must RSVP and request any accommodations by sending an e-mail to FederalTrainingandOutreach@eeoc.gov and typing “Rehab Act Event RSVP” in the subject line.  It is suggested that visitors arrive 30 minutes before the event begins in order to be processed through security and escorted to the meeting room.  The event agenda is subject to revision.

The EEOC is the federal government agency responsible for enforcing anti-discrimination laws in the workplace.  Further information about the EEOC is available at www.eeoc.gov.

 


Distributed 2013 by Northern Virginia Resource Center for Deaf and Hard of Hearing Persons (NVRC), 3951 Pender Drive, Suite 130, Fairfax, VA 22030; www.nvrc.org; 703-352-9055 V, 703-352-9056 TTY, 703-352-9058 Fax. Items in this newsletter are provided for information purposes only; NVRC does not endorse products or services. You do not need permission to share this information, but please be sure to credit NVRC.  This news service is free of charge, but donations are greatly appreciated.

Judges in California Reverse Ruling Preventing CART in Classrooms

August 7, 2013 in Captioning / Relay, Community News, Disability Law

By Tim Hull, Courthouse News Service 8/6/2013

Two California school districts must face claims that they improperly denied transcription services to deaf and hard-of-hearing students, the 9th Circuit ruled Tuesday.

In separate cases consolidated for appeal, the parents of K.M. And D.H., two hard-of-hearing high-school girls, argued that the districts had violated federal law by refusing to approve a transcription service in the classroom. The Communication Access Realtime Translation service provides a word-for-word transcription of everything said in class via real-time captioning, according to the ruling.

Read more . . . →

Webinar for People on SSD Who Want to Work

June 10, 2013 in Community News, Disability Law, Employment

Webinar on Services for People on Social Security Disability Who Want to Work – June 12

 

If you receive Social Security disability benefits and want to make more money by working, Social Security’s Ticket to Work (TTW) program can give you the support you need to become financially independent. Join the next free webinar on June 12, 2013from 3 – 4:30 p.m. Eastern Time. You’ll hear from disability benefits experts about the TTW and other Work Incentives programs that let you keep your benefits while you explore employment, receive vocational rehabilitation and gain work experience. Register online or call 1-(866) 968-7842 (V) or 1-(866) 833-2967 (TTY)

Read this post on Disability.Blog to learn more about how the Ticket to Work program may be able to help you: “Social Security’s Ticket to Work Find Help Tool Connects You to the Employment Services You Need!”

Having trouble viewing this email? View it as a Web page.


___________________________________________________________________________________________

Distributed 2013 by Northern Virginia Resource Center for Deaf and Hard of Hearing Persons (NVRC), 3951 Pender Drive, Suite 130, Fairfax, VA 22030; www.nvrc.org; 703-352-9055 V, 703-352-9056 TTY, 703-352-9058 Fax. Items in this newsletter are provided for information purposes only; NVRC does not endorse products or services. This news service is free of charge, but donations are greatly appreciated.

Dept. of Justice Settlements with Health Care Providers

April 9, 2013 in Community News, Disability Law, Employment

U.S. Department of Justice Settlements with Health Care Providers

The U.S. Department of Justice Office of Public Affairs issued a news release on April 4 about the Justice Department’s settlements with health care providers to stop discrimination against persons with hearing disabilities.

The seven settlements announced include one in March 2013 with Manassas Health and Rehabilitation Center and Gainesville Health and Rehabilitation Center.

To learn more about the Department of Justice’s Barrier-Free Health Care Initiative in partnership with the Civil Rights Division and U.S. Attorney’s offices across the nation:

http://www.justice.gov/opa/pr/2013/April/13-crt-384.html


© Copyright 2013 by Northern Virginia Resource Center for Deaf and Hard of Hearing Persons (NVRC), 3951 Pender Drive, Suite 130, Fairfax, VA 22030; www.nvrc.org; 703-352-9055 V, 703-352-9056 TTY, 703-352-9058 Fax. Items in this newsletter are provided for information purposes only; NVRC does not endorse products or services. You do not need permission to share this information, but please be sure to credit NVRC.  This news service is free of charge, but donations are greatly appreciated.

Advocates for Blind, Deaf Sue for Access to Website Shopping

March 22, 2013 in Advocacy & Access, Community News, Disability Law, Technology

Disabled Sue Over Web Shopping Advocates for Blind, Deaf Say Netflix, Target Are Legally Obligated to Make Sites Easier to Navigate
By Joe Palazzolo, wsj.com 3/21/2013

Commerce has moved online. Now, the disability lawsuits are following.

Advocates for disabled Americans have declared that companies have a legal obligation to make their websites as accessible as their stores, and they’ve filed suits across the country to force them to install the digital version of wheelchair ramps and self-opening doors.

Their theory that the 1990 Americans with Disabilities Act applies to the modern Internet has been dismissed by several courts. Still, the National Federation of the Blind and the National Association of the Deaf have won legal victories against companies such as Target Corp. TGT +0.88%and Netflix Inc. NFLX +0.44%. Both companies settled the cases after federal judges rejected arguments that their websites were beyond the scope of the ADA.

“It’s what I call ‘eat your spinach’ litigation,” said Daniel F. Goldstein, a Baltimore lawyer who represents the NFB. “The market share you gain is more than the costs of making your site accessible.”

Read more . . . →

Update on Deaf Child’s Bill of Rights in Virginia

February 14, 2013 in Community News, Disability Law, Education & Outreach, Families

vaThanks to Leslie Prince, VDDHH, 2/13/2013

HB1344 (Bell) The House version of the Deaf Child’s Bill of Rights has been approved (vote 40-0) by the Senate with an amendment (changes Individualized Education Program to individualized education program).  It has been sent back to the House for a vote on the bill with this amendment.

SB1097 (Hanger) – This Senate version was reported from the Committee on Education on a vote of 22-0.  A final vote in the House is expected today.

This bill may need to be conformed to (made to match) HB1344 as amended by the Senate.

At this point, there are no votes against either bill in the House or the Senate.


Distributed 2013 by Northern Virginia Resource Center for Deaf and Hard of Hearing Persons (NVRC), 3951 Pender Drive, Suite 130, Fairfax, VA 22030; www.nvrc.org; 703-352-9055 V, 703-352-9056 TTY, 703-352-9058 Fax. Items in this newsletter are provided for information purposes only; NVRC does not endorse products or services. This news service is free of charge, but donations are greatly appreciated.

Maryland Law Firm Settles Deaf Access Complaint

February 13, 2013 in Captioning / Relay, Community News, Disability Law

From The Disability Law & Policy e-Newsletter 2/7/2013

http://disability.law.uiowa.edu/ and http://bbi.syr.edu

On January 3, 2013, the Department of Justice’s Office of Civil Rights announced a settlement with a Maryland-based debt collection law firm over allegations that the firm had discriminated against individuals who are deaf. Multiple complainants claimed that the firm refused to accept phone calls through video relay services, a type of technology that allows a person who is deaf to communicate with another party through the use of a video sign language interpreter. The complaint further alleges that firm employees hung up on one complainant and informed another that she had to call back at a specific time when a manager was present.

The settlement requires the firm to pay $30,000 to the complainants, to revise its policies and procedures to ensure that the office accepts video relay service calls and treats people with disabilities equally, and to train its employees on ADA obligations. In regard to the settlement, Assistant Attorney General Thomas E. Perez stated that people with disabilities cannot be denied services simply because they use alternative ways to communicate and that the Justice Department will not tolerate this type of discrimination.

Full Story:
Department of Justice Office of Public Affairs, Justice Department Reaches Settlement with Law Firm Over Discrimination Against Deaf Individuals, U.S. Department of Justice Press Release, Jan. 3, 2013, available at:
http://www.justice.gov/opa/pr/2013/January/13-crt-005.html


Distributed 2013 by Northern Virginia Resource Center for Deaf and Hard of Hearing Persons (NVRC), 3951 Pender Drive, Suite 130, Fairfax, VA 22030; www.nvrc.org; 703-352-9055 V, 703-352-9056 TTY, 703-352-9058 Fax. Items in this newsletter are provided for information purposes only; NVRC does not endorse products or services. This news service is free of charge, but donations are greatly appreciated.

Update on Deaf Child’s Bill of Rights Legislation

January 27, 2013 in Community News, Disability Law, Families

UPDATE ON DEAF CHILD’S BILL OF RIGHTS LEGISLATION

 From Leslie Prince, Virginia Department for the Deaf and Hard of Hearing

 On January 24th, the House Education Subcommittee on Students and Early Education discussed the Deaf Child’s Bill of Rights bill (HB1344)  At that meeting, the subcommittee voted to recommend reporting the bill with amendments. The amendments change the word “shall” to “may” in lines 15, 17 and 35.

The full Education committee will discuss the bill at its meeting tomorrow, January 28th,  at 8:30 a.m. in House Room C.  NOTE: This is a time change from the regularly noted 9:00 a.m. start time for this committee.   There will be interpreters for this meeting.

The Senate version of this bill, SB1097 is in the Senate Education and Health subcommittee on Public Education which meets on Mondays, 1/2 hour after adjournment at the call of the chair.  No agenda is posted for this subcommittee for tomorrow and I have not received notice that this bill will be on the docket  in that subcommittee tomorrow.


Distributed 2013 by Northern Virginia Resource Center for Deaf and Hard of Hearing Persons (NVRC), 3951 Pender Drive, Suite 130, Fairfax, VA 22030; www.nvrc.org; 703-352-9055 V, 703-352-9056 TTY, 703-352-9058 Fax. Items in this newsletter are provided for information purposes only; NVRC does not endorse products or services. This news service is free of charge, but donations are greatly appreciated.

General Assembly to Discuss Deaf Child’s Bill of Rights Tomorrow

January 23, 2013 in Community Events, Disability Law

The Deaf Child’s Bill of Rights bill (HB1344) will be discussed in the House Education Subcommittee tomorrow, January 24,2013 at 7:30 a.m.  The meeting will be in the 5th Floor East Conference Room of the General Assembly Building in Richmond.  There will be interpreters at this meeting.

The full House Education Committee will take up the bill on Monday, January 28, 2013 at 9:00 in House Room C of the General Assembly Building.  There will be interpreters for this meeting as well.

I also wanted to let you know that VDDHH will not be tracking the bills related to Commercial Drivers Licenses (HB2077/SB1219).  No concerns about this bills were noted after we sent out the information requesting comment.  I have removed these bills from our tracking list.

Thanks to Leslie Prince, VDDHH

New Webinar: Earned Income Tax Credit (EITC) Awareness Day 2013

January 22, 2013 in Advocacy & Access, Community Events, Community News, Disability Law, Education & Outreach

middle-banner-v2-ndi-logo-620

WEBINAR: EARNED INCOME TAX CREDIT
(EITC) AWARENESS DAY 2013

Date: Fri., January 25, 2013


Time: 2:00 PM to 3:00 PM

 

Please note that real time captioning will be provided for this webinar. For other accommodation requests, questions about the webinar or the registration process, please contact Katie Metz at  kmetz@ndi-inc.org or 904-716-7936.

 

 

 

 

 

“EITC, you earned it.
Now file, claim it , and get it!”

Join National Disability Institute and our partners as we kick-off National EITC Awareness Day and the start of free tax preparation services across the country! The Earned Income Tax Credit (EITC) is one of the largest antipoverty programs set up by the federal government and for persons with disabilities, free tax preparation and EITC are gateways to building one’s economic self-sufficiency.

Read more . . . →

Virginia VDDHH Legislative Tracking for 2013 General Assembly

January 16, 2013 in Disability Law, NVRC Announcements

VDDHH Legislative Tracking – 2013 General Assembly
From the Virginia Department for the Deaf and Hard of Hearing

Each tracking report will include the basic information on the bill as it appears on the Legislative Information System (LIS) plus a section on VDDHH Comments, if any, to explain our interest in the bill.  For each bill, we have provided a link to the actual LIS page for that bill so that you can see the actual bill language and track the bill yourself.  After the initial report on any bill included here, the information provided will be limited to the bill number (linked to the LIS) and a brief update statement.

Read more . . . →