Demand Our Access
Education Podcasts
This podcast educates people with disabilities about our legal rights and how to enforce them.
Location:
United States
Genres:
Education Podcasts
Description:
This podcast educates people with disabilities about our legal rights and how to enforce them.
Language:
English
Contact:
5104576460
Website:
https://www.demandouraccess.com
Episodes
What do do When You Face Discrimination at Work
11/16/2024
My Mastodon Handle In case anyone is interested, I joined Mastodon. My handle is @JonathanSimeone@caneandable.social. All of the posts I make to the Demand Our Access website will automatically be shared to my Mastodon account. I look forward to meeting you on Mastodon. Disclaimer The information presented in any of the Demand Our Access podcast episodes, on the Demand Our Access website, or otherwise shared in conjunction with or through association with the Demand Our Access project is expressly not individual legal advice. Applying the law depends on the circumstances and events that comprise every situation. Since legal advice is fact-specific, nothing about the Demand Our Access project can provide an individual, a group of individuals, or any organization legal advice. Introduction In this episode, I will briefly recap Title I of the Americans with Disabilities Act (Title I) before discussing steps you should take in case you face discrimination at work. If you have any comments or questions about this episode, you can complete the contact form on the Demand Our Access website, or you can email me at Jonathan@DemandOurAccess.com. For more information about Title I, visit the page called ADA Title I Information. If you are concerned as to how recent political events will affect the ability of people with disabilities to have concerns of discrimination addressed by the federal government, I will be covering that in the next episode. That episode will be live on ACB Community on Saturday, December seventh at 2:00 PM EST. It will be posted to Demand Our access shortly after it is presented live. As I have said several times before, there is no way to cover this kind of material without using words like "impaired" that many of us in the disability community don't use. I'm using words like "impaired" here because those are the words used in the law. Whether we like it or not, when communicating about the law we are required to use terms that are outdated. Maybe someday the ADA will be revisited and the updated law will provide for meaningful enforcement and be written in modern language. For now, we have to discuss the law as it has been written. Briefly Recapping Title I Our brief recap of Title I is based on the rules defining compliance with Title I as set forth by the Equal Employment Opportunity Commission (EEOC) in 29 C.F.R. § 1630. To make this presentation easier to follow, I'm not going to mention the exact citations to different sections of the Code of Federal Regulations. If you are interested in the citations, you can find them in the episodes where I discussed Title I. I decided that the term "covered entity", while used in the Code of Federal Regulations, may be too confusing for people just learning about Title I. So, I have decided to replace the term "covered entity" with the term "employer". While I'm doing this to make the presentation easier to follow, it must be remembered that not all employers are covered by Title I; for example, if an employer employs fewer than 15 employees that employer is not covered by Title I. If you heard either of the episodes where I discussed Title I in greater detail, some of this will be review for you. I have included what I believe are some of the most important things to know about our rights under Title I here so if someone listens to this episode prior to listening to the episodes on Title I, some of the information they will need is here. Important Concepts For an employer to be covered byTitle I, it must have at least 15 employees. The United States government is not subject to the provisions of Title I; however, Section 501 of the Rehabilitation Act of 1973 provides similar protections for federal positions. To be clear, state and local governments are covered by Title I. If you work or you are interested in working for a state or local government, what I am covering here applies to you. Private membership clubs (excluding labor organizations...
Duration:00:39:10
Using AI to Advocate and Learn About the Law
11/3/2024
Introduction As the title indicates, this episode is about using artificial intelligence (AI) to advocate for our legal rights and to learn more about the law. Specifically, I demonstrate using AI to find who to contact when you need to make an ADA request of your local government, having AI draft the substance of an ADA request, and using AI to learn more about the law. All demonstrations were done using ChatGPT. Since some people don't want to pay for ChatGPT, I demonstrate these tasks in the free version too. Important Notes on ChatGPT ChatGPT is a tool that can make doing things faster and more efficient. ChatGPT makes mistakes. Don't use it to do important work for you unless you can check its results. For making an ADA request, ChatGPT doesn't need to be perfect. It only needs to communicate the basics of a request. The paid version of ChatGPT provides much better, faster responses than does the free version. The free version will make developing an accommodations request easier, especially if you don't know how to make an accommodations request. Why I Won't Share Exact Prompts In thinking about it, I decided I couldn't share exact prompts here as suggestions for you. I can't share exact prompts here because the responses ChatGPT provides depends on a number of factors including: how often you use it; how often you have asked it to perform tasks similar to what you would be asking it to do when making an accommodations request; and what information you need it to provide. As an example, finding the ADA coordinator for Boston, MA is significantly easier than is finding the ADA coordinator for Leander, TX, as the recording demonstrates. Since I don't think providing exact prompts will work, I want to strongly encourage you to try using ChatGPT, whether you have the paid or free version) to help you develop an accommodations request under the ADA. If you try using ChatGPT to make an accommodations request or to learn more about the law, please let me know. I would appreciate hearing about your experiences. Important Notes On ChatGPT's capabilities The paid version can create a sample request in different formats, including Word. The free version cannot provide sample text in different formats, but you can paste its sample text into the app of your choice. The paid version can provide actual names of people holding different positions. The free version does not give specific contact information. The paid version can be customized to learn how you want it to work. The free version cannot be customized. Conclusion I strongly believe AI can do much to help all of us make ADA requests and learn more about our legal rights. If you are interested, I urge you to give ChatGPT a try. You may find that by using it you are more comfortable making ADA requests and you may be more willing to demand your access.
Duration:00:41:53
Section 504 of the Rehabilitation Act of 1973
10/23/2024
About Me It has been more than two years since I shared a little about me in one of these episodes. So, I am going to do it here for the benefit of people who have started listening since I last shared a bit about myself. Education and Certifications I have a law license from Massachusetts. I am a certified ADA coordinator. I am a certified Professional in Accessibility Core Competencies’. I am a member of the ADA Trainer Leadership Network. Professional Background I am the disability analyst for Portland Parks & Recreation in Portland, Oregon. Previously, I was the ADA Title II disability policy analyst in Portland’s Office of Equity and Human Rights. I was a contract attorney for Disability Rights Advocates in Berkeley, California. I was a staff attorney for the then American Bar Association’s Commission on Mental and Physical Disability Law. A Few Personal Things I was born totally blind. I am a member of the American Council of the Blind. I live in Oregon with my wife Desiree and the two youngest of my three stepdaughters. I an a huge sports fan, especially baseball. I am an avid reader and writer. While I enjoy learning about assistive technologies, I know Desiree knows more about them than me. I love animals. We have two cats, Rain and Yoyo. Disclaimer The information presented in any of the Demand Our Access podcast episodes, on the Demand Our Access website, or otherwise shared in conjunction with or through association with the Demand Our Access project is expressly not individual legal advice. Applying the law depends on the circumstances and events that comprise every situation. Since legal advice is fact-specific, nothing about the Demand Our Access project can provide an individual, a group of individuals, or any organization legal advice. Resources The provisions of Section 504 are set forth in 10 C.F.R. § 4. The Department of Justice’s Guide to Disability Rights Laws has a good description of Section 504. The Department of Education also has an informative page on Section 504. As always, any resources discussed in this episode will be linked to when the episode is posted to the Demand Our Access website. Section 504 Introduction Section 504 of the Rehabilitation Act of 1973 (Section 504) is a landmark civil rights law that prohibits discrimination based on disability. It was designed to ensure those of us with disabilities are not excluded from, denied the benefits of, or subjected to discrimination under any program or activity that receives federal financial assistance. Section 504 laid the foundation for future disability rights legislation in the United States, most notably the Americans with Disabilities Act (ADA). History of Section 504 The Rehabilitation Act of 1973 was signed into law by President Richard Nixon on September 26, 1973. Although the act as a whole aimed to provide support for people with disabilities in areas such as employment and independent living, it was Section 504 that specifically addressed civil rights. The language of Section 504 was groundbreaking, as it introduced the concept of accessibility for people with disabilities into federally funded programs and activities, essentially stating that people with disabilities should be treated the same as those without disabilities. Section 504 was modeled after earlier civil rights laws, such as Title VI of the Civil Rights Act of 1964, which prohibited discrimination based on race, color, or national origin in federally funded programs. By extending civil rights protections to people with disabilities, Section 504 marked a turning point in the disability rights movement. While the law was passed in 1973, its implementation was delayed for several years due to opposition from various government agencies. It wasn't until a series of protests by disability rights activists, including the historic 504 Sit-ins in 1977, that regulations enforcing Section 504 were issued by the U.S. Department of Health,
Duration:00:18:12
Advocating for the Rights of Disabled Parents
10/23/2024
Disclaimer The information presented in any of the Demand Our Access podcast episodes, on the Demand Our Access website, or otherwise shared in conjunction with or through association with the Demand Our Access project is expressly not individual legal advice. Applying the law depends on the circumstances and events that comprise every situation. Since legal advice is fact-specific, nothing about the Demand Our Access project can provide an individual, a group of individuals, or any organization legal advice. Introduction In this episode, I am covering how disabled parents can advocate for their rights to be accommodated by the schools of their children. Since public schools are covered by Title II of the Americans with Disabilities Act (Title II) and private schools, except most religious schools, are covered by Title III of the Americans with Disabilities Act (Title III) I will briefly recap important concepts under both title II and Title III. For more information about Titles II and III respectively, please visit the pages entitled ADA Title II Information and ADA Title III Information. Links to both pages will be in the episode notes when this episode is posted to the Demand Our Access website. Additionally, you may also want to review the episode called Effective Communication under Titles II and III. That, too, will be linked in this episode when it is posted to the website. If you have any comments or questions, please use the contact form on the Demand Our Access website, or email me at Jonathan@demandouraccess.com. Recapping Titles II and III For those of you who heard the episode Advocating for Our Rights under Title II and/or heard the episode Advocating for Our Rights Under Title III, the review materials here will not be new. I have included them here, though, so if someone needs what I believe is the most important information to advocate for their rights as a disabled parent, all of that information will be in one place. Recapping Title II Since this is only a recap of our rights under Title II, I have chosen to cover only accommodations and modifications under Title II and effective communication under Title II. I have chosen these two topics because requests for accommodation and/or modification are how we get our rights under Title II and most requests for accommodation made under Title II relate to effective communication. Requests for Accommodation or Modification Requests for Modification I'm beginning with a discussion of modifications because they are more straightforward. When you request a modification, you are requesting a state or local government modify an existing policy, practice, or procedure to enable you as a disabled person to participate. Here are some examples of when you may need to request the modification of a policy, practice, or procedure from a state or local government: If a city has a policy that electric vehicles are not allowed in a park, someone using an assistive mobility device would have the right to have the policy modified so they can use their wheelchair in the park. If a state has a policy banning all animals from a museum, the handler of a service animal would need to request a modification to that policy allowing service animals to enter the museum. If a county has a policy requiring paper applications be completed by someone needing benefits, people with any number of disabilities would have the ability to request the policy be modified. Requests for Accommodation Requests for accommodation cover anything that does not involve the modification of a policy, practice, or procedure. Here are some examples of accommodations: If someone requests a sign language interpreter, they are requesting an accommodation. If someone requests an accessible electronic document, they are requesting an accommodation. If someone requests assistance in completing a print form, they are requesting an accommodation. If someone requests a public meeting be moved to...
Duration:00:41:13
Advocating for Our Rights Under Title III
9/22/2024
Disclaimer The information presented in any of the Demand Our Access podcast episodes, on the Demand Our Access website, or otherwise shared in conjunction with or through association with the Demand Our Access project is expressly not individual legal advice. Applying the law depends on the circumstances and events that comprise every situation. Since legal advice is fact-specific, nothing about the Demand Our Access project can provide an individual, a group of individuals, or any organization legal advice. Advocating for Our Rights Under Title III Introduction As a refresher, Title III of the Americans with Disabilities Act (Title III) applies to businesses and nonprofits. In this episode, I will briefly recap important concepts under Title III. I will then discuss the steps I take when I need to advocate with a business or a nonprofit under Title III. I will also include a sample writing you can use when you need to advocate under Title III. Although the sample I am including will be intended to be written, if you are more comfortable talking to someone about your rights under Title III, the sample text I have included could be used as talking points for you in a discussion that takes place over the phone or in-person. As always, I will include important links when this episode is posted to the Demand Our Access website. If you have any questions or comments about this episode, you can feel free to reach me through the contact form at the Demand Our Access website, or you can email me at Jonathan@DemandOurAccess.com. Recapping Title III Since this is intended to be a vrief recap of Title III, I am going to focus on which entities are covered by Title III and provide a quick reminder about surcharges. I have made the entities covered by Title III the focus of this brief review, because you need to understand which entities are covered by Title III prior to contacting a particular entity to advocate for rights. If you want to learn more about Title III, please check out Basics Under Title III and Basic Under Title III continued. Coverage General Provisions Title III covers: Places of public accommodation Commercial facilities Examination and courses related to applications, licensing, certification, or credentialing for secondary or postsecondary education, professional, or trade, purposes Title III also covers private entities primarily engaged in transporting people, but those regulations are produced by the Department of Transportation and will not be discussed in this episode. Public Accommodations The whole range of Title III requirements apply to entities the Department of Justice calls public accommodations. In order to be considered a public accommodation an entity must be private and it must own, lease, lease to, or operate a place of public accommodation. Defining a Place of Public Accommodation A place of public accommodation is a facility whose operations: Affect commerce And fall within one of the following 12 categories: Places of lodging (e.g., inns, hotels, motels) (except for owner-occupied establishments renting fewer than six rooms Establishments serving food or drink (e.g., restaurants and bars Places of exhibition or entertainment (e.g., motion picture houses, theaters, concert halls, stadiums Places of public gathering (e.g., auditoriums, convention centers, lecture halls Sales or rental establishments (e.g., bakeries, grocery stores, hardware stores, shopping centers Service establishments (e.g., laundromats, dry-cleaners, banks, barber shops, beauty shops, travel services, shoe repair services, funeral parlors, gas stations, offices of accountants or lawyers, pharmacies, insurance offices, professional offices of health care providers, hospitals Public transportation terminals, depots, or stations (not including facilities relating to air transportation Places of public display or collection (e.g., museums, libraries, galleries Places of recreation (e.g., parks, zoos,
Duration:00:27:22
paratransit
9/13/2024
Disclaimer The information presented in any of the Demand Our Access podcast episodes, on the Demand Our Access website, or otherwise shared in conjunction with or through association with the Demand Our Access project is expressly not individual legal advice. Applying the law depends on the circumstances and events that comprise every situation. Since legal advice is fact-specific, nothing about the Demand Our Access project can provide an individual, a group of individuals, or any organization legal advice. Introduction In this episode, I am discussing paratransit. This episode will cover only topics related to how paratransit affects people with disabilities. I will not be covering any of the requirements that assist local governments in implementing their paratransit program. The information related to paratransit has been codified by the Department of Transportation (DOT) in 49 C.F.R § 37.121.133. The link in the episode notes goes to 37.121. You can use the Next button to navigate to each subsequent section. Alternatively, you can access the entirety of 49 C.F.R. § 37. If you access part 37, the sections related to paratransit are set forth in subsection F. The subsections are at the heading two level. So, you can find subsection F by navigating the page by the heading level two. Important Definitions The important definitions are set forth in 49 C.F.R. §37.3. Note, the definitions set forth in subsection 37.3 apply to the whole of part 37 (not just the paratransit requirements). I have included the link so you can check out the definitions on your own. If you want to learn more about terms I have not defined here, the definitions section is the place to go. Here are what I believe to be the important definitions related to paratransit. To make this easier to follow I have chosen to edit and/or summarize the definitions: Paratransit means comparable transportation service required by the ADA for individuals with disabilities who are unable to use fixed route transportation systems. A fixed route system is your local bus or train service that operates on a fixed schedule and has fixed routes. Commuter bus, commuter rail, or intercity rail systems are not fixed route systems. Oregin-to-destination means providing service from the place where a passenger is picked up and transporting them to their destination. Paratransit may be provided as either a curb-to-curb service or a door-to-door service. The choice is made by your local paratransit provider. When a paratransit provider chooses curb-to-curb service, it must generally provide additional assistance to passengers who need assistance beyond the curb to use paratransit. Nondiscrimination The nondiscrimination provisions are set forth in 49 C.F.R. § 37.5. I will cover two of them here: If paratransit is provided, you cannot be required to use it if you choose to use regular public transit. You cannot be required to be accompanied by an attendant. Paratransit Paratransit Eligibility The specific eligibility requirements related to paratransit are set forth in 49 C.F.R. § 37.123(e). I am not going to reproduce those here, because I suspect most people listening are eligible for paratransit. But there are a few things related to paratransit eligibility I want to mention: If an individual meets the eligibility criteria with respect to some trips but not others, the individual shall be paratransit eligible only for those trips for which they meet the criteria. A personn eligible for paratransit service can typically only take one additional person with them. If a person eligible for paratransit service has a personal care attendant, they can take their personal care attendant and one other person on the trip. A family member or friend traveling with a person eligible for paratransit service is not considered a personal care attendant unless they register as a personal care attendant. Additional individuals accompanying the paratransit eligible indi...
Duration:00:23:52
Advocating for Our Rights Under Title II of the ADA
9/8/2024
Disclaimer The information presented in any of the Demand Our Access podcast episodes, on the Demand Our Access website, or otherwise shared in conjunction with or through association with the Demand Our Access project is expressly not individual legal advice. Applying the law depends on the circumstances and events that comprise every situation. Since legal advice is fact-specific, nothing about the Demand Our Access project can provide an individual, a group of individuals, or any organization legal advice. Introduction In the nearly two years I have been working on the Demand Our Access Project, I have covered many different aspects of the law. As I have repeatedly said, I am doing the Demand Our Access project because I strongly believe the best way for those of us with disabilities to achieve more equitable outcomes in society is for us to understand and enforce the legal rights we have. So, it's time for us to spend dedicated time discussing how to advocate for ourselves and our community by using the lega rights we do have to achieve better outcomes for us as individuals and for our community as a whole. This episode will be the first in a series of episodes where we discuss how to effectively advocate for better outcomes by using the legal rights we have covered in the previous episodes of Demand Our Access. Our first episode on advocating for our rights will cover state and local governments. Specifically, I'm going to go through the steps I take when I need to advocate for my civil rights with my state or local government. We are starting with state and local governments for three reasons: Those of us with disabilities have more protections when we face discrimination from a state or local government than we have when we face discrimination by a corporation. State and local governments are covered by Title II of the ADA (Title II), which was the first substantive topic I presented through the Demand Our Access project. Many in our community rely on state and local governments for critical services in ways they do not need to rely on corporations. Since basics under Title II of the ADA was covered nearly two years ago and because that episode didn't expressly discuss accommodations and modifications under Title II, I'm going to briefly recap some of the rights afforded us under Title II. Then, I will move into the ways I advocate under Title II. I will include a sample request that I hope helps you understand how to make a request of a state or local government under Title II. Recapping Title II Since this is only a recap of our rights under Title II, I have chosen to cover only accommodations and modifications under Title II and effective communication under Title II. I have chosen these two topics because requests for accommodation and/or modification are how we get our rights under Title II and most requests for accommodation made under Title II relate to effective communication. This recap of our rights under Title II will not provide any citations to the law or Department of Justice guidance. To learn more about Title II, please check out the episode Title II Basics. Requests for Accommodation or Modification In putting together the Basics Under Title II episode, I decided not to cover requests for accommodation or modification. At the time, I believed people knew they had a right to request things of their local governments, and I didn't want to make the episode any longer than it was already. Nearly two years later, I now believe that I need to provide people more exact language when helping them learn to get their rights met by state and local governments. The reason for my change of heart is simple: I have come to realize that the more knowledgeable you sound in your request the more likely you are to have your request effectively addressed. Requests for Modification I'm beginning with a discussion of modifications because they are more straightforward. When you request a modification,
Duration:00:28:07
Able Accounts
2/28/2024
Disclaimer The information presented in any of the Demand Our Access podcast episodes, on the Demand Our Access website, or otherwise shared in conjunction with or through association with the Demand Our Access project is expressly not individual legal or financial advice. Applying the law and/or determining investment strategies depends on the circumstances and events that comprise every situation. Since legal and/or financial advice is fact-specific, nothing about the Demand Our Access project can provide an individual, a group of individuals, or any organization legal and/or financial advice. ABLE Accounts The Stephen Beck Jr. Achieving a Better Life Experience Act (ABLE Act) allows people with qualifying disabilities to establish tax-free financial accounts. I'm going to answer the questions I had about ABLE accounts when I began researching them. When I discovered what I am going to share with you, I couldn't wait to create my own ABLE account. I will take the questions in the order I believe makes the most sense. If you have any comments about ABLE accounts, feel free to contact me at Jonathan@DemandOurAccess.com or fill out the contact form on the Demand Our Access website. How do ABLE accounts affect Social Security Supplemental Income (SSI)? The most important thing about ABLE accounts for recipients of SSI to know is that the amount contained in your ABLE account up to $100,000 is exempt from SSI's $2,000 asset limit. This means that a person on SSI can actually save some money and use ABLE account funds to pay qualifying expenses without being too concerned about an asset limit. If the beneficiary is getting SSI, they can't have $100,000 in their ABLE account. If the value of an ABLE account reaches $100,000, the cash payments are stopped. As soon as the ABLE account is under $100,000, the beneficiary of the ABLE account can collect SSI payments without having to reapply for them. If I have an ABLE account, will I lose Medicaid? ABLE accounts (no matter how much they are worth) don't impact Medicaid eligibility. Even if SSI cash payments are suspended because an ABLE account hit $100,000, health care covered by Medicaid won't be lost. Will an ABLE account impact SNAP benefits? ABLE accounts are excluded from asset limits when someone applies for and/or gets SNAP benefits. How are ABLE accounts funded? Anyone can contribute to an ABLE account. Any money contributed to an ABLE account can't be deducted from the contributor's federal taxes. Some states do offer tax deductions for at least a portion if not the entire amount contributed to an ABLE account during the year. How much can be ConTributed to an ABLE Account Each Year? To keep this from getting too technical, I will tell you that generally the annual contribution to an ABLE account is limited to $18,000 for the 2024 calendar year. The amount that can be contributed annually is tied to the exclusion related to gift taxes. That means it will increase almost every year. The annual contribution limit covers every dollar contributed to the ABLE account during the year. So, if you contributed $10,000 of your own money and your mother contributed $8,000 your account would reach its annual $18,000 contribution limit for this year. There is an exception to the annual contribution limit for those people who do not have retirement plans through their work. Since that's not a typical situation, I'm not covering it here. But you should be aware of the fact that if you do not have a retirement plan through work, you could contribute more to your ABLE account than the typical contribution limit. How can funds withdrawn from ABLE accounts be spent? Any funds withdrawn from an ABLE account must be spent on a qualified disability expense (QDE). Qualified disability expenses can be broken down into 12 broad categories: Education Housing Transportation Employment training and support Assistive technology and related services Health
Duration:00:26:53
Basics Under Title I Continued
2/28/2024
Disclaimer The information presented in any of the Demand Our Access podcast episodes, on the Demand Our Access website, or otherwise shared in conjunction with or through association with the Demand Our Access project is expressly not individual legal advice. Applying the law depends on the circumstances and events that comprise every situation. Since legal advice is fact-specific, nothing about the Demand Our Access project can provide an individual, a group of individuals, or any organization legal advice. Introduction This is the second part of our two-part look at Title I of the Americans with Disabilities Act (Title I). In the first episode dedicated to Title I, I covered important definitions under Title I. Some of the concepts discussed in this episode may be easier to understand if you have some familiarization with the material from the previous episode. Still you should learn importnat things from this episode even if you did not review the previous episode. As I said last time, there is no way to cover this kind of material without using words like impaired that many of us in the disability community don't use. I'm using words like impaired here because those are the words used in the law. Whether we like it or not, when communicating about the law we are required to use terms that are outdated. Maybe someday the ADA will be revisited and the updated law will provide for meaningful enforcement and be written in modern language. For now, we have to discuss the law as it has been written. Our discussion is based on the rules defining compliance with Title I as set forth by the Equal Employment Opportunity Commission (EEOC) in 29 C.F.R. § 29.1630. To make this presentation easier to follow, I'm not going to mention the exact citations to different sections of the Code of Federal Regulations. As always, I will link to the individual sections when this episode is posted to the Demand Our Access website. In listening to the previous episode, I decided that the term "covered entity", while used in the Code of Federal Regulations, may be too confusing for people just learning about Title I. So, I have decided to replace the term "covered entity" with the term "employer". While I'm doing this to make the presentation easier to follow, it must be remembered that not all employers are covered by Title I; for example, if an employer employs fewer than 15 employees that employer is not covered by Title I. Important Concepts Under Title I Discrimination Prohibited It is unlawful for an employer to discriminate on the basis of disability against a qualified individual in regard to the following: Recruitment, advertising, and job application procedures Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from layoff and rehiring Rates of pay or any other form of compensation and changes in compensation Job assignments, job classifications, organizational structures, position descriptions, lines of progression, and seniority lists Leaves of absence, sick leave, or any other leave Fringe benefits available by virtue of employment, whether or not administered by the covered entity Selection and financial support for training, including: apprenticeships, professional meetings, conferences and other related activities and selection for leaves of absence to pursue training Activities sponsored by a covered entity, including social and recreational programs Any other term, condition, or privilege of employment The term discrimination includes but is not limited to the acts described in 29 C.F.R. § 1630.4 through 29 C.F.R. § 1630.13. Even though I won't mention those citations, I will now, hopefully, help you begin to become familiar with the types of disability discrimination discussed by the EEOC in those sections of the Code of Federal Regulations. Limiting, Classifying, and Segregating
Duration:00:37:20
Basics Under Title I
1/15/2024
This episode is our first of at east two episodes dedicated to Title I of the Americans with Disabilities Act. Title I is critical to those of us with disabilities, because it covers employment. This episode focuses on important definitions under Title I. Some of this will be review for those of you who reviewed the posts on Titles II and III. Disclaimer The information presented in any of the Demand Our Access podcast episodes, on the Demand Our Access website, or otherwise shared in conjunction with or through association with the Demand Our Access project is expressly not individual legal advice. Applying the law depends on the circumstances and events that comprise every situation. Since legal advice is fact-specific, nothing about the Demand Our Access project can provide an individual, a group of individuals, or any organization legal advice. Introduction During the month of January I will be covering employment of people with disabilities. Specifically, I will be covering the Equal Employment Opportunity Commission' (EEOC) regulations describing what compliance with Title I of the Americans with Disabilities Act means. The rules on Title I compliance developed by the EEOC are set forth in 29 C.F.R. § 1630. To make this easier to follow, I'm not going to review all of the citations in this episode. As always, links to the information covered here will be provided on the Demand Our Access website in the show notes accompanying this episode. Given the amount of information in Title I compliance, I have divided the material up so it fits in two episodes. I'm also hoping that by leaving some time in both episodes there will be enough time for questions and comments. If you are not participating in the live version, you can email me at Jonathan@DemandOurAccess.com with any questions or comments you may have. You can also fill out the contact form at Demand Our Access. Even though I don't like the word "impairment" the reality is it is used in the law and every publication about the law. So, it is not possible to produce a presentation about Title I that doesn't contain lots of uses of the word "impairment" and other words many of us with disabilities don't use. I will not be covering every aspect of Title I. Specifically, I'm not going to cover things that largely or completely relate only to employers, drug abuse, and additional concepts that I don't believe are relevant to most people with disabilities. Before getting into the material under Title I, I want to let you know that some of the material covered in this episode will be a review for those of you who have followed my presentations on Titles II and III. I'm repeating myself in areas like defining a disability so that people who have not reviewed the material on Titles II and III will get what they need from my coverage of Title I. That being said, I will be getting into concepts that are unique to Title I during this episode. If you have heard my presentations on titles II and III, there will be new information for you in this episode. Title I Important Things to Know For an employer to be covered byTitle I, it must have at least 15 employees. The United States government is not subject to the provisions of Title I; however, Section 501 of the Rehabilitation Act of 1973 provides similar protections for federal positions. Will be covering sections of the Rehabilitation Act later this year. To be clear, state and local governments are covered by Title I. If you work or you are interested in working for a state or local government, what I am covering here applies to you. Private membership clubs (excluding labor organizations) are not covered by Title I. Religious institutions are covered by Title I. but they may give preference to people of their religion. Members of the clergy and people perform essentially religious functions are excluded from the protections of Title I. Individuals with Disabilities Title I,
Duration:00:26:11
Rideshares and People with Disabilities
1/5/2024
In this episode I cover using Uber and Lyft with a disability. Although the focus of the episode is service animals, what is covered applies to other issues of disability discrimination too.
Duration:00:52:00
Demoing the Website and Recapping a Year of Demand Our Access
12/15/2023
In this episode I demonstrate the Demand Our Access website to show people how to use it. I also recap our first year of Demand Our Access and look ahead to next year. This episode was recorded live during the live broadcast done on ACB Media. This version has been lightly edited from what happened live to make it a bit easier to follow. None of the substance has been changed.
Duration:00:50:13
A Complaint Against Movers and Parents’s Rights Under the ADA
12/2/2023
The Episode In this episode, Desiree and I discuss a terrible experience we had with two moving companies while Desiree was moving to Oregon from Texas. We also discuss the rights parents with disabilities have to be accommodated by their children's schools and provide tips in getting accommodations from schools.
Duration:00:55:33
Filing Complaints Under Title III
11/18/2023
Introduction In this episode, Desiree and I discuss filing complaints under Title III of the ADA (Title III). Specifically, we walk through filing a complaint with the Department of Justice against Chase bank because of the inaccessibility of its online mortgage services. This is the text of what Desiree and I filed with the Department of Justice against Chase bank. Note, this text is a bit different than what you will hear if you listen to the podcast. Even though this text is a bit different, the points made during the podcast are the same. Text of Our Complaint Against Chase My wife and I are both blind. We decided to use Chase for our mortgage. We chose Chase because their personal banking website and mobile app are reasonably accessible. We discovered Chase’s commitment to accessibility does not extend to its online mortgage services. Their mortgage portal to read and sign documents is almost entirely inaccessible. Neither my wife nor I was able to read any of the documents we needed to sign until we had already signed them. Eventually, we needed to find a different mortgage company. We couldn’t enter into a years-long mortgage based on documents we could not read until we signed indicating we had read and agreed with the terms. Prior to choosing another company, we tried several times, over email and phone, to get Chase to grant a reasonable accommodation for their inaccessible online mortgage services. Without my consent, Chase sent volumes of braille documents to my house. I did not want braille as an accommodation, because I didn’t want to read all of that in braille. Additionally, had I read all of the documents in braille I still would have been unable to sign them independently. Another issue with braille as an accommodation was the reality that Chase would not be able to regularly provide braille in a timely enough manner to enable us to place offers on homes. We needed an accommodation that would address the inaccessibility of the documents, our inability to easily sign the documents, and the timely nature of the mortgage process. Chase did not have a process in place that would enable me to speak with someone who understands the ADA and reasonable accommodations. The first accommodation they offered was to have me pay an attorney to read the documents to us. Due to our having to leave Chase, we suffered the following harms: our credit scores went down because the replacement mortgage company ran hard checks on our credit; we lost the money we would have gotten for using the real estate agent we found through Chase; and we lost days and dealt with lots of aggravation both in trying to address the lack of access provided by Chase and the need to begin the mortgage process from scratch. We may also wound up with a higher rate because of the time we lost when we should have been able to lock in a rate. I am filing this complaint because Chase, like many businesses, does not understand that all of their online services must be accessible. DOJ could do a lot to making web content covered under Title III accessible by holding a company like Chase accountable for the harm it causes by failing to make all of its online services . But Chase, because they promote their accessibility, is especially bad for not actually being accessible. We have dozens of emails to prove this complaint.
Duration:00:40:32
Basics Under Title III Continued
10/26/2023
Disclaimer The information presented in any of the Demand Our Access podcast episodes, on the Demand Our Access website, or otherwise shared in conjunction with or through association with the Demand Our Access project is expressly not individual legal advice. Applying the law depends on the circumstances and events that comprise every situation. Since legal advice is fact-specific, nothing about the Demand Our Access project can provide an individual, a group of individuals, or any organization legal advice. Title III Continued General Requirements Under Title III Denial of Participation Under the ADA,, a person with a disability cannot be denied service simply because they have a disability. Equality in Participation The ADA mandates an equal opportunity to participate in or benefit from the goods and services offered by a place of public accommodation, but does not guarantee that an individual with a disability must achieve an identical result or level of achievement as persons without disabilities. A person who uses a wheelchair cannot be denied access to an exercise class because they cannot do all of the exercises. Separate Benefit and Integrated Setting The major principles behind the ADA's efforts to provide people with disabilities access to mainstream opportunities are as follows: Individuals with disabilities must be integrated to the maximum extent appropriate. Separate programs are permitted where necessary to ensure equal opportunity. A separate program must be appropriate to the particular individual. Individuals with disabilities cannot be excluded from the regular program, or required to accept special services or benefits. Separate Programs A public accommodation may offer separate or special programs necessary to provide individuals with disabilities an equal opportunity to benefit from the programs. Such programs must, however, be specifically designed to meet the needs of the individuals with disabilities for whom they are provided. Example Typically, an art museum does not allow patrons to touch exhibits. Working with a local affiliate of ACB, the art museum arranges a special tour for blind people where the touching of certain exhibits is allowed. Right to Participate in the Regular Program Even if a separate program is offered to people with disabilities, a public accommodation cannot deny people with disabilities the right to participate in the regular program, unless some other limitation on providing access exists. Example Even if a local ACB affiliate has arranged a special tour for blind people where the touching of some exhibits will be allowed, an art museum cannot force a blind person to take the separate tour. If the blind person wishes, they must be allowed to take any tour offered by the museum. Modifications in the Regular Program When a public accommodation offers a special program but a person with a disability chooses to participate in the regular program, the public accommodation is likely to have to provide modifications to the regular program to enable the person with a disability to participate. The fact that a separate program is offered may be a factor in determining the extent of the obligations under the regular program, but only if the separate program is appropriate to the needs of the particular individual with a disability. Discrimination Based on Association A public accommodation may not discriminate against individuals or entities because of their known relationship or association with persons who have disabilities. Retaliation or Coercion Individuals who exercise their rights under the ADA, or assist others in exercising their rights, are protected from retaliation. The prohibition against retaliation or coercion applies broadly to any individual or entity that seeks to prevent an individual from exercising his or her rights or to retaliate against him or her for having exercised thos...
Duration:00:34:04
Basics Under Title III
10/16/2023
Disclaimer The information presented in any of the Demand Our Access podcast episodes, on the Demand Our Access website, or otherwise shared in conjunction with or through association with the Demand Our Access project is expressly not individual legal advice. Applying the law depends on the circumstances and events that comprise every situation. Since legal advice is fact-specific, nothing about the Demand Our Access project can provide an individual, a group of individuals, or any organization legal advice. Introduction The Department of Justice (DOJ) has a page where you can read the entire text of the ADA, including the updates made to the law in 2008. Information about Title III can be found in a DOJ publication called Americans with Disabilities Act Title III Regulations. DOJ also published an ADA Title III Technical Assistance Manual that’s a bit outdated but still a good resource. I have linked to all of the resources referenced here in the post for this episode on the Demand Our Access website. I couldn’t possibly cover the entirety of Title III in one episode. So, I have chosen to omit subjects like commercial facilities, construction standards, and health insurance because those topics are too technical to cover as part of an overview of Title III. If you need information about those topics, the resources mentioned in this episode have good information. I'm not discussing service animals under Title III because I discussed it in the episode called Service Animals Under Titles II and III. Even though I don't like the word "impairment" the reality is it is used in the law and every publication about the law. So, it is not possible to produce a presentation about Title III that doesn't contain lots of uses of the word "impairment" and other words many of us with disabilities don't use. Unlike in previous episodes, I'm not going to include specific citations to the Code of Federal Regulations. I'm leaving out those citations to try and make the material easier to follow and understand. The trade off will be that I'm not going to provide direct citations you can use to check my work and learn more than I can cover. But all of the citations to relevant sections in the Code of Federal Regulations can be accessed through the resources I have linked to in this episode. If anyone is willing, I would appreciate feedback as to whether you like this kind of information presented with or without citations. Title III Coverage General Provisions Title III covers: Places of public accommodation Commercial facilities Examination and courses related to applications, licensing, certification, or credentialing for secondary or postsecondary education, professional, or trade, purposes Title III also covers private entities primarily engaged in transporting people, but those regulations are produced by the Department of Transportation and will not be discussed in this episode. Public Accommodations The whole range of Title III requirements apply to entities the Department of Justice calls public accommodations. In order to be considered a public accommodation an entity must be private and it must own, lease, lease to, or operate a place of public accommodation. Defining a Place of Public Accommodation A place of public accommodation is a facility whose operations: Affect commerce And fall within one of the following 12 categories: Places of lodging (e.g., inns, hotels, motels) (except for owner-occupied establishments renting fewer than six rooms Establishments serving food or drink (e.g., restaurants and bars Places of exhibition or entertainment (e.g., motion picture houses, theaters, concert halls, stadiums Places of public gathering (e.g., auditoriums, convention centers, lecture halls Sales or rental establishments (e.g., bakeries, grocery stores, hardware stores, shopping centers Service establishments (e.g., laundromats, dry-cleaners, banks,
Duration:00:25:34
Commenting on the Proposed Title II Web Accessibility Rule
9/19/2023
Episode Information This episode is a demonstration of me commenting on the Department of Justice's proposed rule on web accessibility under Title II of the Americans with Disabilities Act. If you're interested in commenting, please visit this page on Regulations.gov. Note, comments must be submitted by midnight EDT on October third. If you comment, I would love to hear from you. If you're interested, we may even be able to discuss your comments on the live version of the podcast broadcast on ACB Community. The Comment Submitted During the Episode Here is the text of the comment I submitted during the demonstration of the process for commenting on the proposed rule for web accessibility under Title II. The final rule must ensure that state and local governments understand that adding so-called accessibility overlays does not mean sites and/or pages comply with the rule or result in accessible websites. As a blind person who navigates the web with a screen reader, I hate websites that use so-called accessibility overlays. They don’t work well. They make everything load slower. They don’t behave consistently. They have different levels of capability. Most importantly they give site owners and creators the false idea that their site is accessible. Overlays do not ensure PDFs, PowerPoints, visual representations, and more ways of providing information on the web are accessible when that information is uploaded to websites as downloadable content or content designed to open in another window or tab. Overlays also do nothing about third-party portals and other external content that state and local governments require you to use to access their activities, programs, and services. My water company has a so-called accessibility overlay on their site. I can’t pay my bill online without guessing at where information is to be entered because the third-party portal they use is not accessible. I find their payment portal so aggravating that I call to pay my bill and sacrifice the convenience of online payment options available to their customers who do not use screen readers. When I encounter a site with a so-called accessibility overlay, I know the site’s owners and creators aren’t really interested in providing me as a disabled person the integrated web experience mandated by Title II. Unless the final rule clarifies that so-called accessibility overlays do not provide compliance, I’m afraid many state and local governments will use overlays instead of doing what the law expects and updating their sites so that those of us with disabilities have the same integrated user experience as do people without disabilities. In the process, many more aspects of doing business with local governments may become more inaccessible or fail to result in the accessibility changes hoped for through the promulgation of this rule.
Duration:00:12:14
Introducing Section 508
9/19/2023
Note on This Recording Thanks to technical difficulties, this episode was recorded from the live version of the podcast played on ACB Community. So, it could not be edited to the usual standards of the episodes presented here. Still, the information is accurate and useful. ! Section 508 Here are a few things in Section 508 that should be kept in mind.. Section 508 applies to information and communication technology (ICT) procured, maintained, developed, or used by federal agencies covered by Section 508 of the Rehabilitation Act of 1973 and Section 255 of the Telecommunications Act of 1934 as implemented by the Federal Communications Commission (FCC). When Section 508 is updated, the law mandates the updated or revised standards be incorporated in procurement processes within six months of adoption. Section 508 applies to covered hardware, software, electronic content, and support documentation. Under Section 508, all covered web and non-web content and software—including websites, intranets, Word documents, PDFs, and project management software is largely required to conform to WCAG 2.0 levels A and AA. Section 508 covers all external content and the following nine categories of internal content: emergency notifications decisions related to administrative claims or proceedings an internal or external program or policy announcement a notice of benefits, program eligibility, employment opportunity, or personnel action a formal acknowledgement of receipt survey questionnaires a template or form educational or training materials or intranet content designed as a web page. Agencies had one year from adoption of the revised standards to comply. A safe harbor provision means that ICT that complied with the previous version of Section 508 guidelines complies with the existing version of Section 508 unless the ICT is altered. Alterations are considered on an element-by-element basis to determine whether an alteration triggers a need to comply with the revised Section 508 guidelines. Where ICT conforming to one or more of the Section 508 standards is not commercially available, the agency shall procure the ICT that best meets the revised 508 standards consistent with the agency’s business needs. The responsible agency official shall document in writing: (a) the non-availability of conforming ICT, including a description of market research performed and which provisions cannot be met, and (b) the basis for determining that the ICT to be procured best meets the requirements in the Revised 508 Standards consistent with the agency’s business needs. Where ICT that fully conforms to the Revised 508 Standards is not commercially available, the agency shall provide individuals with disabilities access to and use of information and data by an alternative means that meets identified needs. Non-Web documents do not have to comply with the following four WCAG success criteria. : Bypass Blocks; Multiple Ways; Consistent Navigation; and Consistent Identification. Exceptions Under Section 508 Section E202 of Section 508 lists the five general exceptions to section 508: Legacy ICT National security systems Federal contracts ICT functions located in maintenance or monitoring spaces The Section 508 website has information about the five general exceptions plus the best meets exception and the undue burden or fundamental alteration defenses to compliance.
Duration:00:10:40
Proposed Title II Web Accessibility Rule
8/21/2023
Proposed Rule Introduction to the Rule On July 25, 2023, the Department of Justice (DOJ) released a proposed rule that if adopted would clarify what state and local governments must do to have their web content be considered compliant with Title II of the Americans with Disabilities Act (Title II). You can read the entire proposed rule and comment on it at Regulations.gov. Comments must be received by midnight EDT on October third. If you're only interested in the highlights, you can read a fact sheet about the proposed rule published by DOJ. compliance Standard and covered Content Would make version 2.1 Level AA of the Web Content Accessibility guidelines (WCAG) the compliance standard under Title II Would apply to web content that a state or local government makes available to the public or to offer activities, programs, and services to the public Applies to mobile apps made available to the public or used to offer activities, programs, and services to the public Exceptions The proposed rule contains six exceptions. In most instances, content meeting one of the exceptions would not need to be automatically made accessible. Archived Web Content Web content meeting all three of the following factors would not need to comply with WCAG: The content is maintained only for research, reference, or record keeping. The content is kept in a special area for archived content. The content has not been changed since being archived. Preexisting Conventional Electronic Documents Web or mobile content meeting both of the following requirements would not need to automatically comply with WCAG. The documents are in certain file formats specified in the proposed rule, like word processing, presentation, PDF, or spreadsheet files. are available on the state or local government’s website or mobile app before the date the state or local government will have to comply with the rule (after the rule is finalized). This exception would not apply if the preexisting document is currently being used by the state or local government to provide information or to enable participation in an activity, program, or service of the state or local government; for example, an online PDF form created in 2021 enabling people to request tax statements would need to comply with WCAG even though it would have been created prior to the rule taking affect. Content Posted by a Third Party Web content posted on a state or local government's website by a member of the public or that is otherwise out of the control of the state or local government would not need to comply with WCAG. States and local governments would not need to ensure all messages posted to their website by the public comply with WCAG. But if someone with a disability requests access to content that did not comply with WCAG, the state or local government would generally have to provide access to that information. Linked Third Party Content If a state or local government links to third party content on an external website, the state or local government would not need to ensure the content on the external site complies with WCAG. If a town links to local businesses, it would not need to ensure the web content of the local businesses complies with WCAG. But if the town links to an external website to provide information or to allow people to access activities, programs, or services offered by the town, the town must ensure that the third party web content complies with WCAG. If a town contracts with a vendor to allow for the processing of credit card payments, the town would need to ensure the third party credit card processor complies with WCAG. Public School's Password Protected Content Password-protected content associated with specific classes or courses generally would not need to comply with WCAG. The exception would not apply under either of the following two circumstances: A student needing accessible content is enrolled in a class
Duration:00:17:32
Introducing The Web Content Accessibility Guidelines
6/17/2023
Introduction Before giving a brief history of WCAG and describing its technical components at a very high, hopefully easy to follow level, I'm going to discuss what I believe is the most important thing people need to know about the Web Content Accessibility Guidelines--the reality that their development is inequitable and largely excludes people with disabilities. I'm beginning with the lack of equity involved in the WCAG development process, because I'm hoping folks will consider what our lack of involvement in the technical aspects really mean for our odds of using WCAG to create a web that's truly accessible to us. WCAG's Lack of Equity I covered this at the end of a previous live version of the podcast, but it needs to be restated here. The process of developing the WCAG is not at all equitable or inclusive of members of the disability community. The WCAG is developed by the Web Accessibility Initiative (WAI). Specifically, the development of WCAG is done by the Accessibility Guidelines Working Group. The current chairs of the Accessibility Guidelines Working Group are Charles Adams (Oracle), Rachael Bradley Montgomery (Library of Congress), and Alastair Campbell (Nomensa a British company). As far as I can tell, and I have looked reasonably hard, none of the three is a user of assistive technologies. All of them describe themself as working on accessibility, in the field of accessibility, and/or advocating for accessibility for periods of years. I can't find one mention of any of them discussing their life as a person with a disability, describing how they use assistive technologies, or commenting about how they are personally impacted by inaccessibility. I mentioned the employers of the chairs of the Accessibility Guidelines Working Group because the Working Group is an organization that for all intents and purposes only allows other organizations to join as full members. This means that an individual (regardless of their disability status, knowledge of assistive technologies, web codes, and related tools) cannot join without an invitation unless their employer pays to be an organizational member or they are able to pay thousands of dollars to join as an individual. The Membership FAQ has lots of information about joining the Accessibility Guidelines Working Group. The fees for joining the Accessibility Guidelines Working Group highlight the elitist, restrictive, inequitable nature of the WCAG development process. The current cheapest fee for joining, in the United States available to very small nonprofits and government agencies, is $7,900 Annually. The largest annual fee for a United States business is currently more than $77,000 annually. As the FAQ about the membership process and the fee structure for joining the Accessibility Guidelines Working Group indicate, the development of WCAG and the leadership of that development is a process that the vast majority of the disabled community cannot participate in at all. to make matters worse, the only people with a real shot at membership and the right to true participation are people who gain entrance in the organization with the permission of their employer. This structure creates an obvious conflict of interest forcing people to, at minimum, represent the wishes of their employer if they want to continue participating. So, the structure effectively guarantees very few people with disabilities will have an actual say in decision making and that the guidelines reflect the wishes of the business community--not the disability community. To pretend it welcomes participation and to offer a largely false nod to equity and inclusion, the Accessibility Guidelines Working Group does offer different ways for members of the public to comment. But as you have heard me say repeatedly on this podcast, the most important concept of disability equity is nothing about us without us. By using a process that effectively prevents people with disabilities,
Duration:00:20:35