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The authors examine the U.S. Supreme Court decision in Olmstead v L.C. ex rel. Zimring and related Supreme Court rulings that could raise questions about the Americans With Disabilities Act's guarantee of care in integrated settings and about which governmental entity's interpretation should be respected when deciding whether a state has met its integration obligation. After reviewing statutes, administrative regulations, and judicial decisions, the authors conclude that Olmstead's integration mandate will likely stand, but actions should be taken to codify the rule in federal and state statutes so that governmental agencies will continue to have the authority to ensure compliance with the mandate. [ABSTRACT FROM AUTHOR]

This article provides an executive summary of the American Psychological Association's (APA's) revised Guidelines for Assessment and Intervention With Persons With Disabilities. The revision was requested by the Committee on Disability Issues in Psychology and was approved by the APA Council of Representatives in February 2022. The task force updated and expanded the guidelines' empirical bases; squarely situated the guidelines in a changing sociocultural landscape (reflected in discussions of disability models, biases and barriers, language use, intersectionality, and respectful and fair assessment and intervention); and added many concrete suggestions for conceptualizing disability and working with disabled clients and their support systems. In this executive summary, we include key points from each of the 23 guidelines. [ABSTRACT FROM AUTHOR]

According to the Centers for Disease Control and Prevention, over 61 million Americans have a disability, which translates to about 26 percent of the national population. The most common types of disability are physical (13.7 percent), or those that impact mobility, and intellectual (10.8 percent), or those related to cognitive processing. The Bureau of Justice Statistics has reported that 32 percent of people in state prisons and 40 percent of people in county jails have at least one disability, rates that demonstrate alarming disproportionality. Yet the history of the disability rights movement, the impact of the Americans with Disabilities Act for people with disabilities who are involved with the criminal justice system, and the implications of disability justice and critical disability theory for the field of social work are not well understood. The purpose of this article is to review these under-recognized topics and offer recommendations for addressing this neglected area of social work education, research, policy, and practice. [ABSTRACT FROM AUTHOR]

Demographic data projections for the United States indicate a significant increase in the population of older persons with disabilities. The Americans with Disabilities Act (ADA) mandates community access for individuals with disabilities, including older individuals who are aging with or aging into disabilities. However, there is limited research regarding the knowledge and the use of the ADA among this population specific to their perceptions and experiences regarding barriers and facilitators to community access and participation as mandated under the Act. The purpose of this qualitative focus group study was to explore the perceptions and experiences of a sample of older adults with disabilities regarding their community access, and their knowledge and utilization of the provisions of the ADA to facilitate community participation. Analysis of results identified three predominant themes within this sample of older adults: experiences with structural and attitudinal barriers to community access leading; fear of loss of autonomy and independence in the community, and how they deploy; coping and advocacy strategies to address barriers. Recommendations for improving ADA knowledge, access, and utilization among the population, as well as senior service providers, are also addressed. [ABSTRACT FROM AUTHOR]

Mild and moderate mental illnesses can hinder labor force participation, lead to work interruptions, and hamper earning potential. Targeted interventions have proven effective at addressing these problems. But their potential depends on labor protections that enable people to take advantage of these interventions while keeping jobs and income. [ABSTRACT FROM AUTHOR]

BACKGROUND: Research has long documented the low cost and effectiveness of most workplace accommodations to enable qualified people with disabilities to seek, secure, and maintain employment. OBJECTIVE AND METHOD: RETAIN Kentucky's return to work and stay at work intervention involves focused training for participants on requesting needed accommodations from their employers. RESULTS: In this article, we describe the win-win approach to reasonable accommodations, which serves as the basis for helping Kentuckians with disabilities identify and request on-the-job supports to aid in their efforts to remain in the workforce. CONCLUSIONS: Workers with disabilities are more likely to stay in the workforce and continue making valuable contributions to the national and global economies if they have effective accommodations and other employment supports available to them. [ABSTRACT FROM AUTHOR]

The American with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act have made little progress towards preventing disability-based discrimination within the organ transplant evaluation process. Intellectual and developmental disabilities (I/DD) pose a unique problem for transplant teams and transplant physicians because I/DDs can simultaneously be a legitimate contraindication for transplantation and a mechanism for invidious discrimination against intellectually disabled persons. A culprit for ongoing disability-based discrimination is a transplant center's authority to develop its own eligibility criteria. While medical criteria for eligibility are generally well-settled, psychosocial criteria — an amorphous constellation of risk factors for post-transplant success — can serve as a facially neutral disguise for social worth determinations of individuals with I/DDs. Consequently, individuals with I/DDs are unjustifiably denied eligibility for organ transplantation and transplant-related services. This Article begins by identifying the pitfalls of current federal antidiscrimination legislation. It then discusses the foreseen benefits and drawbacks of House Resolution (H.R.) 8981, a recently proposed federal bill, that expressly prohibits disability-based discrimination within the organ transplant evaluation process. The Article ends by offering potential solutions for professional organizations and transplant centers that aim to provide for equitable access to organ transplantation and transplant-related services for intellectually disabled individuals. [ABSTRACT FROM AUTHOR]

In the era of disability rights, medical schools retained the power to discriminate against applicants in wheelchairs. This article explores how medical schools set boundaries for admission into the profession, remained intransigent in their discrimination, and persuaded courts to side with them. Interviews with physicians in wheelchairs, legal documents, medical journal articles, and white papers demonstrate how medical schools established physical standards for entry into the profession specifically in response to applicants with disabilities. In the 1970s, medical schools created exclusionary physical requirements and persuaded the Supreme Court that these "technical standards" preserved patient safety. In the 1980s, schools asserted that students with disabilities would require expensive accommodations and lower educational standards. In the 1990s, medical schools strategically interpreted vague language in the Americans with Disabilities Act to justify continuing to exclude applicants with disabilities. This article complicates triumphalist histories of disability activism and reveals the continuation of exclusion in medical education, which had historically occurred based on race and gender. Interviews with successful applicants in wheelchairs provide powerful testimony against medical school policies and offer a clear path forward. Technical standards should change to value compassion and critical thinking over physical fitness. Physicians in wheelchairs perform most medical tasks and bring unique perspectives to a historically homogenous profession. [ABSTRACT FROM AUTHOR]

Effective 2001, California passed the Prudence Kay Poppink Act, which broadened California's disability employment discrimination law to cover individuals with less-severe disabilities by lowering the burden of proof to establish a disability. Using both difference-in-differences and difference-in-difference-in- differences regression analyses and data from the Current Population Survey, the author estimates how this act affected the labor market outcomes for individuals with disabilities. The results suggest that the act significantly increased employment for individuals with disabilities, with the effect persisting at least partially up to six years later. [ABSTRACT FROM AUTHOR]

Objective: This study built on a recent publication to explore physician assistant (PA) licensure renewal applications, as well as PA likelihood to seek help for physical or mental health conditions. Methods: We were able to obtain licensure renewal applications from 47 states. A national survey was then conducted to explore the connection between licensure questions and help-seeking behavior. Results: Only 18 states were consistent with the Americans with Disabilities Act (ADA) in their approach to initial and renewal applications. Thirty-five percent of PAs expressed reluctance to seek help for a mental health issue due to concerns about licensure repercussions. States with applications that were inconsistent with the ADA were significantly more likely to express these concerns. Conclusions: Considerable stigma exists among PAs regarding seeking help for mental health issues. Problematic licensure questions increase this reluctance. Advocacy is needed to reduce stigma of mental health and substance use, and to modernize licensure applications. [ABSTRACT FROM AUTHOR]

People with disabilities are 40% less likely to dine out, they have fewer social relationships, and spend more time at home due to barriers faced as a result of ADA noncompliance by public facilities, including sports bars. Sports bars serve as a place for socialization for people with similar interests to gather together. The purpose of this study was to (a) identify common accessibility issues in sports bars and (b) assess what type of sports bars are more likely to experience those issues. Results are discussed, and implications support the rationale for this study to better understand how sports bars can be a place of social identity for people with disabilities. [ABSTRACT FROM AUTHOR]

Purpose: This paper aims to examine technostress and asks whether it is an illness requiring accommodation under the terms of the Americans with Disabilities Act. It further explores the notion that hospitality employers may contribute to employee technostress and examines employers' potential legal liability. Finally, it recommends steps employers can take to avoid legal liability. Design/methodology/approach: Technostress is defined in terms of job demand and resource theory. It explores how technology overload can contribute to employee technostress. Findings: As there is currently no legal definition for technostress, courts will be guided by the standard of what a reasonably prudent individual would do to guard against a particular threat. Research limitations/implications: The courts have yet to rule on whether technostress constitutes an illness requiring accommodation. It is therefore possible that technostress will not be classified as such. Still, operators should not make themselves a target for litigation. Practical implications: Employers would be wise to craft policies that reduce the risk of technostress in the workplace to mitigate both its causes and effects. Social implications: Very little research has been conducted examining the impact of technostress in the workplace. The obligation of employers to accommodate employees suffering from the effects of technostress will be litigated soon. This will have a significant impact on the culture surrounding catering and room sales. Originality/value: No studies have been undertaken as yet to anticipate its effects on employees and what steps employers must take to accommodate employees who suffer from it. This paper fills that gap and, more importantly, does so before the issue is litigated. [ABSTRACT FROM AUTHOR]

On the 29th anniversary of the Americans with Disabilities Act, the author takes stock on what the Act has accomplished thus far and what still needs attention, as he reflects on Andrew I. Batavia's (Drew) discovered memoirs and his life mission as a disability activist. Drew was a person with a spinal cord injury who wrote regulations for the Act. As we celebrate the Act today we need to protect and advance these civil rights now and into the future so that all people can participate more fully in life. [ABSTRACT FROM AUTHOR]

This Open Forum describes a framework for analyzing factors that influence an individual's decision to disclose serious mental illness in the competitive workplace. The disclosure decision is multifaceted, organized in dimensions of control, conditions, and costs. Control refers to the extent to which a mental illness is concealable, so that a worker may choose whether to disclose. The conditions workers impose on disclosure determine when, to whom, and how much they choose to say. The costs, both monetary and emotional, are a manifestation of the pervasive stigma associated with mental illness. The framework described here can form the basis for rigorous empirical studies of the disclosure decision that will inform both workers' decisions to disclose and employers' responses to disclosure. The objective of this research is to improve labor market outcomes for the significant numbers of workers with serious mental illness who can engage in mainstream, competitive employment. [ABSTRACT FROM AUTHOR]

Objective: Negative stigma related to mental health diagnoses is common in both clinicians and the public. Questions about physical and mental conditions on licensure applications often are overly broad and may violate the Americans with Disabilities Act (ADA). This study investigated state physician assistant (PA) licensing applications relating to physical and mental health, and their consistency with the ADA. Methods: We collected PA state licensure applications from all 50 states and the District of Columbia. To be considered consistent with the ADA about physical conditions, an application had to only contain questions about a current (within the past year) physical health condition that impaired the applicant's ability to practice as a PA, or not include any questions about physical health. Questions that asked for speculation about possible future situations were considered inconsistent with the ADA. Results: Nearly 57% of state PA licensing applications were consistent with ADA guidelines on physical conditions; 51% were consistent for mental health conditions. Conclusions: Many state PA licensing boards include questions about physical and mental health conditions that are not limited to current impairment. These licensure questions could violate the ADA, and may reduce PAs' willingness to seek help for mental health issues. Balancing public safety with clinician health is a challenge. Further research and action are needed to optimize PA licensure questions on physical and mental health. [ABSTRACT FROM AUTHOR]

The present study examined the views of students with varying physical disabilities on disability culture in a post-Americans with Disability Act society. Qualitative, participatory research methods were used to observe approximately 30 disabled students and conduct in-depth interviews with four disabled students. The main objective was initially to answer the following question: Do disabled students recognize an identifiable disability culture at that particular university, and if so, what does it look like? While the sheer presence of disabled students does not automatically equate to a robust disability culture, it became apparent that there was a disability culture at this site, and therefore the research question was refined to: What are the features of disability culture according to this population? The participants were all students at an institute of higher education in the Midwestern United States. The researcher self-identifies as having a disability. Using in vivo coding for analysis to preserve the voices of the participants themselves, the results indicated that there was a disability culture and the key values defining this culture included independence, social justice, and giving back to others. [ABSTRACT FROM AUTHOR]

The goal of this research was to describe allegations of discrimination, both actual and perceived, that were filed by individuals with substance use disorders (SUDs) in comparison to a group of individuals with other physical disabilities (GENDIS) through analysis of the U.S. Equal Employment Opportunity Commission (EEOC) Integrated Mission System (IMS) database. An ex post facto, causal comparative quantitative design was used to examine Americans with Disabilities Act (ADA) Title I allegations received by the EEOC from charging parties with SUD from 1992 through 2011 (n = 8,432) in comparison to the GENDIS group over the same timeframe (n = 82,618). Results revealed statistically significant differences in the patterns of issues alleged by the two groups. In addition, compared to the GENDIS comparison group, the SUD group was significantly younger, had a significantly higher proportion of males, had proportionally more individuals who identified as Caucasian and as Other, and had proportionally fewer individuals who identified as Hispanic/Mexican and Asian. Charging parties with SUD were significantly less likely than the GENDIS group to have their allegations result in a merit-based case resolution. Implications for rehabilitation practice and further research are discussed. [ABSTRACT FROM AUTHOR]

Parents with disabilities contend with bias within the family law system, often threatening their custody and visitation rights. The overarching goal of this article is to explore the experiences of parents with disabilities involved in custody and visitation disputes and the application of the Americans with Disabilities Act (ADA) in these cases. This article begins with an overview of parents with disabilities and their interactions with the family law system. Next, the article examines the ADA and its applicability to custody and visitation disputes. Finally, the article offers thoughts about strategies that can be utilized by attorneys to ensure that the rights of parents with disabilities are protected. Key Points for the Family Court Community: Parents with disabilities experience significant discrimination within the family law system.The ADA is relevant to custody and visitation disputes and can be used in certain circumstances to protect the rights of parents with disabilities.The legal profession must understand the ADA and its application to the family law system. [ABSTRACT FROM AUTHOR]

This chapter explores the relationship between disability identity, civil rights, and the law. Twenty-five years after the passage of the Americans with Disabilities Act, the question remains why disability rights legislation does not go far enough toward addressing access, stigma, and discrimination issues. People with disabilities have found empowerment from disability rights laws, but these laws are also restrictive because they define people in relation to medical aspects of their disabilities and narrowly define society's obligation for inclusion. The successes and failures of disability rights laws are an important contribution to the study of conceptions of difference. [ABSTRACT FROM AUTHOR]

This chapter contributes to the discourse of difference by problematizing the sameness/difference trope through the lens of the exceptional. It explores the nature of being exceptional with an expectation that its nature is contingent and variable. At the heart of understanding what constitutes exceptional is its implicit comparison with the average. While exceptional is defined to include both individuals who achieve in extraordinary ways and individuals with a physical or mental impairment, the two definitions are consonant in that both describe individuals who deviate from expected norms. Relying on the insights from pragmatism, this chapter considers community habits exceptional individuals must confront in forming their choices. In this way, it further adheres to the lessons from pragmatism for norm change. The strategies individuals use to alter the effects of being perceived as exceptional contribute to the overall discourse in equality and equal protection and potentially constitute the individual action that formulates change. It examines some approaches to the Americans with Disabilities Act (ADA) derived from civil rights and from economic perspectives and the relevant matrix of choices available to the exceptional to understand the potential for productive change. With this foreground, it examines the choice of exceptional individuals to cover or convey matters of their identity. This chapter pays particular attention to these choices in seeking accommodations under the ADA. Ultimately, this study strives to participate in the conversation seeking to maximize human potential. [ABSTRACT FROM AUTHOR]

A persistent paradox apparently infects disability civil rights claims. On the one hand, these rights claims are often understood to apply only to those who are sufficiently impaired in body or in mind to qualify for them because of the disadvantage they endure. On the other hand, asserting significant impairments threatens to undermine the plausibility of these claims as civil rights rather than as welfare for those who are dependent and in need of extra help. Behind this paradox lies a type of categorical understanding of disability civil rights: that disability civil rights are only for those who fall into a category of disability and that this category should be defined in a particular way, in terms of disadvantaging disablement. In this article, I dispel this paradox by deploying a critical analysis of Elizabeth Barnes’s account of physical disability in her recent book, The Minority Body (2016). In her book, Barnes makes the important critical point that disability is not “bad” difference. Instead, she argues that physical disability is a physical condition that the disability rights community is working to promote justice for. I argue that this account fails as a project of ameliorative social metaphysics because it fails to understand the role of impairment in the construction of disability antidiscrimination law. I also argue that her account risks privileging physical disability and is thus problematic as a starting place for examining disability justice. [ABSTRACT FROM AUTHOR]

Title II of the Americans With Disabilities Act of 1990 requires that state and local agencies refrain from the discrimination of individuals with disabilities by providing them with services in the most integrated setting appropriate. Despite this mandate, state and local education agencies across the country engage in practices that could be characterized as providing unwarranted segregation and unequal education practices. One such example is a U.S. Department of Justice investigation of the Georgia Network for Educational and Therapeutic Services. The Department of Justice issued guidelines for appropriate program modifications, including proper evaluation procedures, appropriate entrance and exit standards, effective behavioral and mental health education services, and equal education and extracurricular opportunities. Implications for practitioners, in light of these suggested guidelines, are detailed. [ABSTRACT FROM AUTHOR]

The websites of many physician health programs provide lists describing signs of impairment or indications to refer physician-employees for evaluation and possible treatment. This study aimed (1) to determine how many of these descriptions likely provide physicians' employers with sufficient evidence to legally request mental health examinations under the general regulations of the Americans with Disabilities Act (ADA); and (2) to find out who they described. The authors applied US Equal Employment Opportunity Commission guidance documents and sought expert legal advice to evaluate the descriptions for their consistency with the ADA. They used directed content analysis to review and code these descriptions into categories. Very few, if any, of the 571 descriptions appeared to provide sufficient evidence for employers to request an examination under the ADA. About 14%, however, could refer to physicians attempting to defend themselves, assert their ADA rights, or otherwise complain about the hospital; and 27% either described physicians who complain or else had discriminatory effects in one of several different ways. Leaders within the medical field should ensure that their policies and state laws pertaining to physician impairment comply with and incorporate the language of the ADA. They should also reevaluate the functions of these policies, laws, and physician health programs, and the implications for patient safety, physician wellness, suicide, and other important issues. [ABSTRACT FROM AUTHOR]

As millions of individuals who have been given a diagnosis of attention deficit disorder and attention- deficit/hyperactivity disorder enter the workforce, more individuals with these mental impairments are filing claims with the Equal Employment Opportunity Commission under the Americans with Disabilities Act (ADA) as amended in 2008 by the ADA Amendments Act. The ADA forbids employment discrimination based on an individual's disability and also requires employers to make reasonable accommodations for individuals with disabilities. Health care managers must be well prepared with knowledge of the employers' rights and responsibilities under the law. By exploring the legal challenges being made to employers' policies and practices and examining how the courts are resolving those disputes, managers can reduce the risk of expensive, time-consuming litigation caused by employment discrimination claims based on disability. [ABSTRACT FROM AUTHOR]

Disability is a natural part of the human experience and nurses with disability add greatly needed value as our colleagues. People with disability represent the largest marginalized group, making up more than 15% of the global population. Recognizing the value of nurses with disability requires an understanding of the ongoing systematic exclusion of students with disability entering the nursing profession and nurses with disability maintaining employment. Nurses with disability can offer patient -provider concordance, supporting a shared experience, valuing disability, and modeling positive expectations. In this article, we first discuss disability, ableism, and nursing. Also included is information about universal design structures for access that can be useful to support students and nurses with disability in academic and clinical settings. Lastly, we provide recommendations for nursing education and practice to include and value people with disability in these environments. Because systemic barriers can be easy to fix but often ignored, employing nurses with disability who directly experience these barriers provides an opportunity and incentive to advocate for change. Nurses with disability have enormous potential to expand healthcare from a medicalized view of disability as an inherently negative trait to a marker of diversity and the hallmark of equitable care. [ABSTRACT FROM AUTHOR]

BACKGROUND: The National EEOC ADA Research Project (NEARP) is an exhaustive data-mining effort that relies upon the master database used by the Equal Employment Opportunity Commission (EEOC) to track investigations of workplace discrimination. NEARP investigators seek to develop disability or industry-specific profiles of employment discrimination, explore the contentious issues involved in workplace discrimination, document the interface of disability with other demographics, evaluate extant theories of stigma, and predict EEOC investigatory outcomes. OBJECTIVE: The salient features of the NEARP database are described which themselves reveal new insights into the nature and scope of disability discrimination. METHODS: This is a review article. Abridgment and replication of tables from the NEARP codebook are given along with a description of basic findings from previously published NEARP studies. RESULTS: Summary statistics of a descriptive nature are given to illustrate the basic nature and scope of discrimination including Charging Party and Employer Characteristics, discriminatory Issues or personnel actions, and the types of Outcomes which document case closures and their trends. CONCLUSIONS: NEARP is a research collaborative to which employment and disability researchers are invited. [ABSTRACT FROM AUTHOR]

The article reflects on the significance of the Americans with Disability Act (ADA) for people with disabilities and the need for nurses to consider the impact of this legislation on the health of people with disabilities. ADA protects the civil rights of people with disabilities against discrimination in the areas of employment, public services and physical accessibility. It notes that ADA protects nurses with disabilities from discrimination in hiring and employment.

This article, based on my remarks at the 2015 tenBroek Symposium panel on "The Future of Disability," focuses on the first "A" in the Americans with Disabilities Act (ADA). That first "A" in the ADA's law and policy framework is to apply to all qualified individuals with disabilities residing, working, recreating, using the web, and engaged in daily life activities with private and public organizations in the United States. [ABSTRACT FROM AUTHOR]

The pendulum of mental health law has swung between a focus on autonomy and on wellbeing. At its 25th anniversary, the Americans With Disabilities Act (ADA) is an important player in this landscape. After describing my experience in school and work before and after the enactment of the ADA, this article sets out the important issues in mental health today and more broadly. I describe other policies driven by the ADA, as well as my work at the Saks Institute for Mental Health Law, Policy, and Ethics. Although this article focuses primarily on mental health impairments and related disabilities, as opposed to intellectual and developmental disabilities, much of what is said here applies broadly to cognitive impairments. [ABSTRACT FROM AUTHOR]

The Americans with Disabilities Act (ADA) of 1990 has helped to define in the United States and globally the modern view of disability as a central element of the human experience. This second issue, of a two-part Special Issue of the journal Inclusion, examines the ADA at its 25th anniversary. From an array of disciplinary perspectives and lived experiences, the articles reflect on the past 25 years, examine present opportunities and challenges, and consider the future to ensure continued action toward the civil and human rights of individuals with cognitive and other disabilities for inclusion and active citizenship. [ABSTRACT FROM AUTHOR]

This study presents a unique assessment of faculty perspectives about teaching and working with students with disabilities against the backdrop of the Individuals with Disabilities Education Act (IDEA) and the Americans with Disabilities Act (ADA). A randomized sample of 127 faculty from a large Midwest comprehensive university completed the survey, Faculty Perspectives about Teaching and Working with Students with Disabilities, an instrument the authors created and based on selected items from the Patterns of Adaptive Learning Scales (PALS) (Midgley et al., 2000) and The Accommodation of University Students with Disabilities Inventory (AUSDI) (Wolman, McCrink, Rodriguez, & Harris-Looby, 2004). Results confirmed the survey's potential utility throughout the academy. Essential findings presented in this article regard faculty's (a) general approach to teaching and (b) specific attitudes and behaviors about accommodating students with disabilities. Follow-up discussion points out the efficiency of administering the survey and its applicability to other university settings. Implications for survey replication, faculty professional development, and subsequent and corroborating research are included. [ABSTRACT FROM AUTHOR]

Purpose: The slopes of fixed-route bus ramps deployed for wheeled mobility device (WhMD) users during boarding and alighting were assessed. Measured slopes were compared to the proposed Americans with Disabilities Act (ADA) maximum allowable ramp slope.Methods: A ramp-embedded inclinometer measured ramp slope during WhMD user boarding and alighting on a fixed-route transit bus. The extent of bus kneeling was determined for each ramp deployment. In-vehicle video surveillance cameras captured ramp deployment level (street versus sidewalk) and WhMD type.Results: Ramp slopes ranged from −4° to 15.5° with means of 4.3° during boarding (n = 406) and 4.2° during alighting (n = 405). Ramp slope was significantly greater when deployed to street level. During boarding, the proposed ADA maximum allowable ramp slope (9.5°) was exceeded in 66.7% of instances when the ramp was deployed to street level, and in 1.9% of instances when the ramp was deployed to sidewalk level. During alighting, the proposed ADA maximum allowable slope was exceeded in 56.8% of instances when the ramp was deployed to street level and in 1.4% of instances when the ramp was deployed to sidewalk level.Conclusions: Deployment level, built environment and extent of bus kneeling can affect slope of ramps ascended/descended by WhMD users when accessing transit buses.Implications for RehabilitationSince public transportation services are critical for integration of wheeled mobility device (WhMD) users into the community and society, it is important that they, as well as their therapists, are aware of conditions that may be encountered when accessing transit buses.Knowledge of real world ramp slope conditions that may be encountered when accessing transit buses will allow therapists to better access capabilities of WhMD users in a controlled clinical setting.Real world ramp slope conditions can be recreated in a clinical setting to allow WhMD users to develop and practice necessary skills to safely navigate this environment.Knowing that extent of bus kneeling and ramp deployment level can influence ramp slope, therapists can educate WhMD users to request bus operators further kneel the bus floor and/or redeploy the ramp to a sidewalk level when appropriate, so that the least practicable slope will be presented for ingress/egress. [ABSTRACT FROM PUBLISHER]

The Americans with Disabilities Act (ADA) requires full and equal access to healthcare services and facilities, yet studies indicate individuals with mobility disabilities receive less than thorough care as a result of ADA noncompliance. The objective of our pilot study was to assess ADA compliance within a convenience sample of healthcare clinics affiliated with a statewide healthcare network. Site assessments based on the ADA Accessibility Guidelines for Buildings and Facilities were performed at 30 primary care and specialty care clinics. Clinical managers completed a questionnaire on standard practices for examining and treating patients whose primary means of mobility is a wheelchair. We found a majority of restrooms (83%) and examination rooms (93%) were noncompliant with one or more ADA requirements. Seventy percent of clinical managers reported not owning a heightadjustable examination table or wheelchair accessible weight scale. Furthermore, patients were examined in their wheelchairs (70%-87%), asked to bring someone to assist with transfers (30%), or referred elsewhere due to an inaccessible clinic (6%). These methods of accommodation are not compliant with the ADA. We recommend clinics conduct ADA selfassessments and provide training for clinical staff on the ADA and requirements for accommodating individuals with mobility disabilities. [ABSTRACT FROM AUTHOR]

Previous research refers to the influence of ideas and values on policy design as policy learning. For 25 years, the values and ideas of the Americans With Disabilities Act (ADA) have influenced disability law and policy globally and, as several authors have emphasized, have served as inspiration in European antidiscrimination legislation. This article explores the influence of the ADA on disability policy learning in Europe and the European policy traditions that have defined policies regulating the accessibility of information and communication technologies (ICT) for persons with cognitive disabilities. It attempts to demonstrate that ADA policy values have influenced antidiscrimination legislation in the United Kingdom and Norway and that European policy traditions have shaped the extension of antidiscrimination legislation to ICT accessibility for persons with cognitive disabilities. Finally, this article seeks to provide a useful basis for further informing the implementation of the ADA. [ABSTRACT FROM AUTHOR]

Academics and policy-makers focused on protecting older inmates (ages 50 and above) in US prisons from medical neglect, psychological problems, victimization by younger inmates, and functional decline as a result of excessive environmental strain have long advocated for their placement in age-segregated units and facilities. In response, proponents of age-integrated units and facilities have argued that age-segregation violates the integration mandate of the Americans with Disabilities Act (ADA) of 1990 because older inmates in age-segregation are not provided equal access to facilities and programs. This paper examines the age-segregation debate through an analysis of the social science and legal literature to include court cases, the ADA, the ADA Amendment Act of 2008, and the related 2010 federal regulations. Exceptions to the ADA's integration mandate are assessed for their ability to provide legal support for the practice of age-segregation. This paper concludes with recommendations for creating and maintaining fully and partially age-segregated units or facilities that would operate in compliance with the 2010 federal regulations while efficiently and effectively meeting older inmates' unique needs. [ABSTRACT FROM PUBLISHER]

As the title states, this article is a collection of musings with only modest attempts at establishing an order for them or connections between them. It is not quite "free association," but it is close. This structure or perhaps lack of it reflects the variety of things we do in our work. Many of the things we do have little in common with each other than providing access. Topics discussed include working with Vocational Rehabilitation Agencies, parents of students with disabilities, and the Office for Civil Rights. Suggestions for professional training are offered. Support/ service animals and technology are discussed as well. [ABSTRACT FROM AUTHOR]

The purpose of this study is to explore the efficacy of a training program with a group of college students who have physical, sensory, and/or learning disabilities regarding their acquisition of knowledge and skills related to their rights to reasonable accommodations under several disability-related federal laws (e.g., Section 504, Americans with Disabilities Act [ADA]). This investigation seeks to address the following research question: Do participants in a knowledge- and skill-based training program successfully acquire knowledge and behaviors associated with understanding their disability-related rights and how to request disability-related accommodations? The study showed significant results concerning student acquisition of knowledge (***p < .001) and accommodation skills (***p < .001). Future applications for this research are discussed. [ABSTRACT FROM AUTHOR]

The practice of social work has been greatly affected by the Americans with Disabilities Act of 1990 (ADA). Title I of the statute prohibits discrimination against people with disabilities, including the increasing number of workers who are returning to work after a traumatic brain injury (TBI). This article examines the extent to which the ADA protects those with TBI from being harassed, being denied reasonable workplace accommodations, or suffering other adverse actions related to perceived discrimination. To do so, it relies on judicial decisions from U.S. federal courts involving alleged workplace discrimination of this population. Implications for social work practice are noted with the intent of increasing ADA awareness among professionals providing services to people who meet the criteria for disability under the ADA as well as to those persons who do not. The authors hope to encourage social workers to rely on case law analysis as a mechanism to provide further evidence of the systematic problems faced by people with TBI and thus increase their visibility. [ABSTRACT FROM PUBLISHER]

Introduction The purpose of this study is to examine the possible interactions of predictor variables pertaining to perceived disability claims contained in a large governmental database. Specifically, it is a retrospective analysis of US Equal Employment Opportunity Commission (EEOC) data for the entire population of workplace discrimination claims based on the 'regarded as disabled' prong of the Americans with Disabilities Act (ADA) definition of disability. Methods The study utilized records extracted from a 'master database' of over two million charges of workplace discrimination in the Integrated Mission System of the EEOC. This database includes all ADA-related discrimination allegations filed from July 26, 1992 through December 31, 2008. Chi squared automatic interaction detection (CHAID) was employed to analyze interaction effects of relevant variables, such as issue (grievance) and industry type. The research question addressed by CHAID is: What combination of factors are associated with merit outcomes for people making ADA EEOC allegations who are 'regarded as' having disabilities? Results The CHAID analysis shows how merit outcome is predicted by the interaction of relevant variables. Issue was found to be the most prominent variable in determining merit outcome, followed by industry type, but the picture is made more complex by qualifications regarding age and race data. Although discharge was the most frequent grievance among charging parties in the perceived disability group, its merit outcome was significantly less than that for the leading factor of hiring. [ABSTRACT FROM AUTHOR]

This teaching exercise addresses a relatively neglected area of diversity, the employment of persons with disabilities. In the first part of the two-stage exercise, students are required to make a hiring decision based on a case that includes candidates who are disabled. This decision raises issues concerning the legal and ethical responsibilities of a hiring manager and uncovers some of the myths concerning candidates with disabilities. The case is subsequently used to anchor a lecture on essential information every manager should know about the Americans with Disabilities Act (ADA) and disability in the workplace. As a result of this exercise, students improved their knowledge of the ADA and the vocabulary associated with the Act, and recognized unfounded attitudes that can limit the employment prospects of persons with disabilities. [ABSTRACT FROM PUBLISHER]

This paper explores the potential conflict between employment protections afforded to individuals with bipolar disorder, and employers’ obligations to maintain a safe working environment for others in the workplace. Both the Americans with Disabilities Act (ADA) and the Americans with Disabilities Act Amendments Act of 2008 (ADAA) provide workplace protections to those employees or applicants who are classified as qualified individuals with a disability. A disability is “a substantial impairment—a physical or mental impairment—in a major life activity that would substantially limit that major life activity.” ( 42 U.S.C. §§ 12102(1)(A)-(C)), and “mental impairment” is defined to include individuals with bipolar disorder (42 U.S.C. § 1630.2(h)(2)). These statutes further impose a requirement on employers to make reasonable accommodations for such individuals. In essence, they protect the bipolar employee from any discrimination in the workplace based on their disability, to include harassment by coworkers. However, employers may find themselves caught on the horns of a dilemma. Depending on the nature and severity of the bipolar employee’s conduct toward coworkers, they may also be exposed to liability for harm done to coworkers under negligent retention laws, or even the anti-harassment provisions of other equal employment statutes. If a bipolar employee’s negative behaviors toward coworkers are sufficiently severe or pervasive, they can result in coworkers suffering harassment sufficient to constitute actionable conduct under the ADA. To reduce exposure to litigation, employers must understand both their obligations under the ADA, and the nature of bipolar disorder. [ABSTRACT FROM AUTHOR]

BACKGROUND: Increasingly, people diagnosed with cancer are surviving and continuing to participate in the work force. This trend brings with it new issues regarding survivors' employment-related needs. OBJECTIVE: The research team's objective is to explore cancer survivors' employment-related needs and supports with the ultimate goal of developing a training intervention for them. METHODS: Data were collected via an online survey. This article reports on the findings from the pilot stage of the study, which included 32 respondents. RESULTS: Many cancer survivors experience cancer symptoms at work, but do not tend to seek reasonable accommodations. Levels of awareness of possible programmatic and legal supports are low. Respondents reported that neither employers nor medical practitioners are primary sources of information regarding their individual employment-related concerns. Instead, they relied on general information from cancer advocacy organizations. CONCLUSIONS: Survivors, employers, and practitioners who treat cancer patients could benefit from training resources about how survivors might address their employment-related needs. [ABSTRACT FROM AUTHOR]

Despite significant program efforts since the ADA was passed in 1990, the employment rates of people with disabilities have changed little. While the causes behind these disappointing outcomes are multi-facetted and complex, it is clear that a knowing-doing gap has limited the effectiveness of efforts to change these disappointing statistics. That is, though employers have a basic knowledge of the ADA, this knowledge is largely not being translated into actions or practices. Approaches are needed that go beyond merely disseminating information to actively engage employers in bringing about organizational change. We designed, implemented and researched a program aiming to bridge the knowing-doing gap. This program was based on a blended learning approach designed to build organizational change strategies and partnerships. A comprehensive program research effort included both a measure of immediate program impact (using the BIAT - a researcher-developed and validated tool) and longer-term impact (using a grounded theory, open-ended interviewing protocol). Implications for further research and practice are discussed using findings from both the short-term and long-term studies. [ABSTRACT FROM AUTHOR]

Providing reasonable workplace accommodations for employees with disabilities has been associated with enhanced job tenure, performance, and satisfaction. However, employers have struggled to effectively meet employee accommodation requests, and few studies have specifically examined how employees and employers negotiate requests. In this exploratory focus group study, we asked three key stakeholder groups - employers, employees with disabilities, and vocational rehabilitation service providers - 'What helps and hinders requesting, negotiating, implementing, and evaluating workplace accommodations for employees with disabilities?' From our grounded theory analysis, we found that, although employers' and employees' perceptions about negotiating accommodations converged in several ways (e.g., employees presenting credible requests to employers to improve job performance), they differed sharply on their expectations of each other (e.g., costs of accommodations versus moral obligations to provide them). Such divergence requires that employers and employees with disabilities should become more aware of each other's perspectives, and more educated about how accommodation requests ought to be managed to improve job retention, reduce turnover costs, and decrease the likelihood of litigation. Based on findings of our small study, we offer a modest recommendation: educational interventions should be specifically tailored to each stakeholder group's roles according to major thematic areas of credibility, trust, and obligations. [ABSTRACT FROM AUTHOR]