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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 . . . →

Virginia Bill for Education of Deaf, Hard of Hearing Children

January 14, 2013 in Advocacy & Access, Disability Law, Families

HOUSE BILL NO. 1344
Offered January 9, 2013
Prefiled November 20, 2012

A BILL to amend the Code of Virginia by adding a section numbered 22.1-217.02, relating to special education; children identified as deaf or hard-of-hearing.
———-
Patron– Bell, Richard P.
———-
Referred to Committee on Education
———-

Read more . . . →

NFB Comments on Belgian Euthanasia of Deaf Brothers Losing Eyesight

January 11, 2013 in Advocacy & Access, Community News, Disability Law

National Federation of the Blind Comments on Belgian Euthanasia of Deaf Men Losing Sight

From PR Newswire, 1/15/201

The National Federation of the Blind, the largest organization of blind people in the United States with over 50,000 members, including many deaf-blind individuals, commented today on the state-sanctioned death by lethal injection of deaf twins in Belgium. Upon learning that they were also going blind, the deaf twins sought and were granted euthanasia.

Dr. Marc Maurer, President of the National Federation of the Blind, said: “This disturbing news from Belgium is a stark example of the common, and in this case tragic, misunderstanding of disability and its consequences. Adjustment to any disability is difficult, and deaf-blind people face their own particular challenges, but from at least the time of Helen Keller it has been known that these challenges can be met, and the technology and services available today have vastly improved prospects for the deaf-blind and others with disabilities. That these men wanted to die is tragic; that the state sanctioned and aided their suicide is frightening.”

The National Federation of the Blind needs your support to ensure that blind children get an equal education, to connect blind veterans with the training and services they need, and to help seniors who are losing vision continue to live independent and fulfilling lives.

National Federation of the Blind (NFB) is the oldest, largest, and most influential nationwide membership organization of blind people in the United States. Founded in 1940, the NFB advocates for the civil rights and equality of blind Americans, and develops innovative education, technology, and training programs to provide the blind and those who are losing vision with the tools they need to become independent and successful. For more information:www.nfb.org.

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.

Justice Department Reaches Settlement with Firm Refusing VRS Calls

January 4, 2013 in Community News, Disability Law

From surfky.com News 1/3/2013

The Justice Department today announced a settlement agreement with Peroutka and Peroutka P.A., a debt collection law firm based in Pasadena, Md., to resolve allegations that the law firm violated the Americans with Disabilities Act (ADA) by discriminating against people who are deaf.

Read more . . . →

New Online ABA Complaint Form Available for Public Review

December 20, 2012 in Advocacy & Access, Community News, Disability Law

The ABA, one of the first laws passed by Congress addressing access for people with disabilities, requires that federally funded facilities be accessible according to established standards. The law applies to facilities designed, built or altered with Federal dollars or leased by Federal agencies. The ABA covers a wide range of government buildings, including post offices, social security offices, and Federal office buildings. It also applies to non-Federal buildings that are federally funded, such as schools, transit stations, local courthouses and jails, and public housing.

The Board enforces the accessibility standards of the ABA through the investigation of complaints from the public. Upon receipt of a complaint, the Board opens an investigation to determine whether the facility in question is covered by the ABA and if so, whether it meets the applicable accessibility standards. If a covered facility is not in compliance, the Board will pursue a corrective action plan and monitor the case until all necessary work is completed.

The new online submission form will make it easier and more convenient for the public to file ABA complaints with the Board. It also will improve how the Board monitors and tracks complaints. Members of the public are invited to view and try out the proposed complaint form which is available for comment until February 15. A published notice provides further details, including instructions on submitting feedback. The new form, which replaces an earlier one previously made available on the Board’s site, will be launched under procedures that Federal agencies must follow in collecting information from the public.

For further information, contact Lisa Fairhall, the Board’s Deputy General Counsel at fairhall@access-board.gov, (202)272-0046 (voice), (202) 272-0064 or visit the Board’s website.

Distributed 2012 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.

Texas Company Fined $164K for Safety Violations

April 9, 2012 in Community News, Disability Law, Employment

From OSHA, viewed in Insurance Journal 3/19/2012http://www.insurancejournal.com/news/southcentral/2012/03/19/239993.htm

The U.S. Department of Labor’s Occupational Safety and Health Administration has cited Houston-based IFCO Systems North America Inc. with 10 serious, three repeat and six other-than-serious violations for exposing workers to safety and health violations at its facility on Tacco Drive in San Antonio. Proposed penalties total $163,900.

The serious violations include failing to refit employees for and retrain them on hearing protection when annual tests revealed that they had experienced notable hearing loss, secure dock boards when driven over by forklifts and ensure that copies of material safety data sheets were on hand.

A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

Read more . . . →

Virginia Senate Conference Committee Removes VDDHH, VDBI from Consolidation Bills

March 14, 2012 in Disability Law, Hearing Loss & Deafness, NVRC Announcements

The House and Senate Conference Committee reports on HB1291, SB678, HJR49 and SJR66 were approved on Saturday afternoon, March 10. The Conference Committee did not recommend consolidation of the Virginia Department for the Deaf and Hard of Hearing (VDDHH) or the Virginia Department for the Blind and Visually Impaired (VDBVI) into the new agency.VDDHH and VDBVI are not consolidated into the new DRS/Aging agency. VDDHH and VDBVI will continue to be separate agencies.

The legislation still needs to be signed/agreed to by the Governor. Delegate Gilbert indicated that the Governor wants to obtain as much reform as possible. Delegate Gilbert went on to say that he was not sure if the Governor would want to jeopardize the bill with further changes during the veto session. The veto session is scheduled for April 18. The Governor could sign the bill before then if he is not going to make further recommendations.
(Thanks to Maureen Hollowell)

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Dept. of Education Announces New Effort to Strengthen Accountability for Students with Disabilities

March 14, 2012 in Community News, Disability Law, Families, NVRC Announcements

Department of Education Announces New Effort to Strengthen Accountability for Students with Disabilities
The Department of Education recently announced new steps to help close the achievement gap for students with disabilities by moving away from a one-size-fits-all, compliance-focused approach to a more balanced system that looks at how well students are being educated in addition to continued efforts to protect their rights.
Read more . . . →