| December, 2002 |
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In the News
New Law Will Allow Individuals With Disabilities Into The 21st Century
RALEIGH - Until last week, people in North Carolina who happened to have a disability were in danger of being left behind by the 21st century, high-tech, information-driven world. Many aspects of life are protected by law -- ramps to public buildings, assistance dogs for those who are blind, closed-captioned TV and elevators with Braille instructions. But there was no state law requiring that people with disabilities have access to electronic media. All that is about to change.
The General Assembly passed Senate Bill 866, "Changes to Persons with Disabilities Protection Law," which guarantees the right of persons with disabilities in accessing electronic information, including Web sites, computers in public libraries, etc. The bill requires compliance by municipalities, counties, community colleges, universities and any agencies in state government. Now they must make electronic media accessible.
Senators Brad Miller, Bill Martin and Tony Rand introduced the bill, at the request of the Governor s Advocacy Council for Persons with Disabilities (GACPD). The council is the protection and advocacy organization for North Carolina; it has counterparts in every state, mandated by federal law. GACPD has responsibility for protecting the rights of all persons in North Carolina with disabilities.
SECTION 3. G.S. 168A-7 reads as rewritten:
¤ 168A-7. Discrimination in public service.
(a) It is a discriminatory practice for a State department, institution, or agency, or any political subdivision of the State or any person that contracts with the above for the delivery of public services including but not limited to education, health, social services, recreation, and rehabilitation, to refuse to provide reasonable aids and adaptations necessary for a known qualified person with a disability to use or benefit from existing public services operated by such entity; provided that the aids and adaptations do not impose an undue hardship on the entity involved. This subsection includes equivalent services provided via information technology.
For more information regarding the bill, please reference: http://www.ncleg.net/html2001/bills/CurrentVersion/senate/sbil0866.full.html
EEOC Sues Wendy's Restaurant for Disability Bias
Retarded Employee Subjected to Physical and Verbal Harassment, Forced to Resign
NEWARK, N.J. - The U.S. Equal Employment Opportunity Commission (EEOC) has filed a federal lawsuit against Spylen of Denville, Inc. (doing business as Wendy's), charging that the company violated Title I of the Americans with Disabilities Act of 1990 (ADA) when its employees created, and its managers failed to correct, a hostile work environment directed toward Thomas Sillito because of his disability (mental retardation), and forced him to resign as a consequence.
The suit, filed in U.S. District Court for New Jersey, charges that throughout his employment, Sillito was subjected to physical and verbal abuse. Examples of the abuse include thrusting a butcher's knife at his stomach, punching him, pushing him, throwing water in his face, and putting ice down his shirt. Despite frequent complaints to them, Spylen's managers failed to investigate and remedy the hostile work environment. Due to the continuing humiliating and physically threatening conduct, Sillito was forced to resign. The suit alleges that his resignation was, in effect, a discharge caused by his disability and a separate violation of the ADA.
The ADA makes it illegal to deny a person an employment opportunity because of his or her disability. This includes the opportunity to work in an environment free of abusive behavior directed at an employee because of his or her disability. Moreover, an employer can be held liable for the effects of such harassment including the economic consequences of forcing a person to resign.
The Commission initiated the litigation after an investigation by its Newark office confirmed that the restaurant violated the ADA and the Agency exhausted its conciliation efforts to reach a voluntary pre-litigation settlement.
EEOC Philadelphia Regional Attorney Jaqueline McNair said, "The frequency and the threatening and humiliating character of the harassment Mr. Sillito was made to endure - and the willful reluctance of the restaurant's managers to address the problem - are clear examples of the type of discrimination Congress intended to eliminate with the passage of the Americans with Disabilities Act over a decade ago."
The EEOC seeks to eliminate the discriminatory practices alleged in the case and have Spylen of Denville compensate Sillito for his monetary losses and the emotional pain and humiliation he experienced.
The Commission noted that it has observed an increasing trend of ADA charge filings alleging disability- based harassment. From Fiscal Years 1993 to 2001, such charges have nearly doubled from approximately 1,400 to 2,400 filed per year with EEOC offices nationwide.
In addition to enforcing Title I of the ADA, the EEOC enforces Title VII of the 1964 Civil Rights Act which addresses denial of employment opportunity because of race, color, sex, religion and national origin; the Age Discrimination in Employment Act, which protects workers age 40 and older from discrimination based on age; the Equal Pay Act; prohibitions against discrimination affecting individuals with disabilities in the federal government; and sections of the Civil Rights Act of 1991.
Further information about the Commission is available on the Agency's Web site at www.eeoc.gov
www.eeoc.gov
"Talking" Tax Forms for the Blind
Adapted from the ITTATC Newsletter, September 2002
The article "Talking Tax Forms for Blind Developed - PDF-Reading Software Boosts Independence" is featured in the August 30, 2002 edition of the Washington Post (http://www.washingtonpost.com, Page A21).
The Internal Revenue Service (IRS) is using pioneering software to develop new IRS forms that will allow the standard talking text services to read forms stored in PDF-- Portable Document Format. "It may seem like just a tax form, but we've hit what we believe is a true breakthrough, important because blind people want to be independent," said Michael Moore, chief of alternative media at the IRS, and legally blind himself. "What blind people are striving for is equal access." The IRS plans to post the new tax forms on its Web site (www.IRS.gov <http://www.IRS.gov>) next year.
To access the full article:
www.washingtonpost.com/wp-dyn/articles/A13536-2002Aug29.html