Sheri R. Abrams's Blog, page 32
March 15, 2013
Does the Americans with Disabilities Act override federal and state health and safety laws?
The Americans with Disabilities Act (ADA) does not override health and safety requirements established under other federal laws even if a standard adversely affects the employment of an individual with a disability. If a standard is required by another federal law, an employer must comply with it and does not have to show that the standard is job related and consistent with business necessity. For example, employers must conform to health and safety requirements of the U.S. Occupational Safet...
March 7, 2013
Federal Government Simplifies Hiring Process for Persons with Disabilities
Last week the U.S. Office of Personnel Management (OPM) issued final regulations pertaining to a special hiring authority for the appointment of persons with certain disabilities. The final rule for “Excepted Service – Appointment of Persons with Intellectual Disabilities, Severe Physical Disabilities, and Psychiatric Disabilities,” also known as “Schedule A Hiring Authority,” simplifies the hiring process for job applicants with disabilities who have work, educational, or other relevant expe...
March 4, 2013
How Will Sequestration Affect Social Security?
Sequestration’s mandatory budget cuts took effect on Friday, March 1, 2013. The press has reported that “Social Security will not be affected.” This is not completely accurate. It is true that the payment of benefits will not be affected. However, the sequestration cuts will affect all other aspects of SSA, including the day-to-day operations of the Agency, by reducing SSA’s administrative budget.
According to the SSA Fact Sheet on the effect of sequestration on SSA’s operations, field office...
February 20, 2013
Veterans’ Disability Claims Initiative Reduces Processing Time, Adds Convenience
The Department of Veterans Affairs has launched a new initiative that could eliminate the requirement for an in-person medical examination for some Veterans and shorten the time it takes to process Veterans’ disability compensation claims.
The initiative is called Acceptable Clinical Evidence (ACE). This initiative was developed by both the Veterans Health Administration (VHA) and the Veterans Benefits Administration (VBA) in a joint effort to provide a Veteran-centric approach for disability...
February 1, 2013
Under the ADA What Animal Other Than Dogs Is Recognized to Work With The Disabled
In addition to the provisions about service dogs, the Department of Justices’ revised ADA regulations have a new, separate provision about miniature horses that have been individually trained to do work or perform tasks for people with disabilities. (Miniature horses generally range in height from 24 inches to 34 inches measured to the shoulders and generally weigh between 70 and 100 pounds.)
Entities covered by the ADA must modify their policies to permit miniature horses where reasonable. Th...
January 28, 2013
White House Announces Audio Descriptions for Public Tours
White House Press Release:
President Obama and the First Lady have long been committed to ensuring that the White House is truly the People’s House, and that Americans with disabilities are fully integrated into our society.
Continuing on that commitment, the White House Visitor’s Office is pleased to announce the availability of an audio description for those taking a White House tour. This will give blind and visually impaired Americans and persons with other print disabilities the opportunit...
January 21, 2013
FIFA 13 Is AbleGamer’s Accessible Mainstream Game of the Year
FIFA 13, a soccer simulator, scored nearly a perfect 10 in AbleGamer’s game accessibility review process by implementing options such as remappable keys, subtitles and colorblind options.
In addition, FIFA 13 includes settings that allow players to tailor gameplay directly to their abilities. Gameplay can be slowed down all the way to 10 percent of the normal speed, enabling those with cognitive disabilities to play the game inside their comfort zone. Furthermore, the artificial intelligence (...
January 18, 2013
Is an employer in violation of the Americans with Disabilities Act if they do not hire an employee with a disabled spouse because of the increase in health insurance costs?
Yes, the employer violates the ADA’s association provision if it decides not to hire an employee based on the increased health insurance costs that will be caused by his spouse’s disability. The association provision of the ADA prohibits employment discrimination against a person, whether or not he or she has a disability, because of his or her known relationship or association with a person with a known disability. This means that an employer is prohibited from making adverse employment deci...
December 21, 2012
Must accessible parking spaces be provided in each parking lot in a facility or can they be grouped?
Although parking is calculated on a per-lot basis, it can be located in a different location if equivalent or greater accessibility, in terms of distance to an accessible entrance, fees, and convenience is ensured.
For example, while site constraints may prohibit the location of a large parking lot adjacent to an accessible entrance, the required number of accessible spaces might be installed at the entrance to provide more convenient access.
Credit: The Northwest ADA Center
Posted by Sheri R. A...
