Winter 2015Volume 19, Number 1

IN THIS ISSUE

Director’s Corner...............................................................................................page 3

Focal Point: Emergency Preparedness in the Workplace...........................................page 4

Zoom in on Training.........................................................................................page 7

Close-Ups: What’s New ...................................................................................page 8

National Disability Policy: A Progress Report DOJ Issues Publication on Voting Rights Effective Communication for Students with Hearing, Vision, or Speech Disabilities in Public

Elementary and Secondary Schools OCR Addresses Bullying of Students with Disabilities

ADA Anniversary ...........................................................................................page 10

ADA in Action Photo Contest We Want to Hear from You for “ADA25” “ADA25” Pledge On!

Zoom in on Court Decisions and Settlements .....................................page 15

Maxim Healthcare Services Will Pay $75000 to Settle EEOC Disability Discrimination Suit Wal-Mart Stores East Will Pay $72,500 to Settle EEOC Lawsuit DOJ and DC Trails Settlement Agreement Will Improve Transportation and Tour Services DOJ Settlement Agreement with Peapod Will Improve Online Shopping DOJ Settlement with Associated Foot and Ankle Centers of Northern Virginia

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Snapshots: Cool and Useful Websites.....................................................page 17

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Director’s Corner

by Marian Vessels, Director, Mid-Atlantic ADA CenterHappy New Year!

2015 is a very special year for all of us committed to the principles of the ADA. This July 26 we will celebrate the 25th anniversary of the signing of the ADA. What an amazing journey we have had the past 25 years. It was hard to believe 25 years ago that Congress could pass, with very strong bipartisan support, a major piece of civil rights legislation for people with disabilities. Even more

amazing, it was amended with equally strong bipartisan support in order to reinforce its protections.

We need your support, involvement, and commitment to truly celebrate 25 years of the ADA. The ADA National Network has a goal of collecting 25,000 signatures in the next 6 months to show support for the goals of the ADA and the full inclusion of people with disabilities. We here in the Mid-Atlantic region are spearheading this initiative, and we need you to sign the pledge (http://adaanniversary.org/pledgeon) supporting the ADA, spread the word to colleagues and friends, and get involved in the many activities and opportunities available. We need a strong representation of the Mid-Atlantic region!!!

As we lead up to the anniversary we encourage you to share stories about your contributions to the successes of the ADA and your efforts to meet the challenges that still remain. Please check out our ADA Anniversary webpage (http://www.adainfo.org/content/ada-anniversary); this is your chance to share how much the ADA has meant to you. Visit our anniversary page (http://www.adainfo.org/content/ada-anniversary) to see the many other ways you can participate!

I look forward to having YOU join us in this celebration!!!!

Ms. Vessels is Director of the Mid-Atlantic ADA Center, serving in this role since 1996, among her primary areas of expertise are training and technical assistance on the ADA as it relates to employment, state and local government issues, and the hospitality industry. She is in considerable demand as a speaker and trainer.

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Focal Point:Emergency Preparedness in the Workplace

When we think about emergency preparedness, we often focus on our home environments, but millions of us spend a good portion of our lives at work. Many of us go to work in offices, factories, stores, hospitals – the same places day after day. Others’ “workplaces” may change frequently but involve a limited number of familiar sites, such as the substitute teacher who works at several different schools in his community, or the attorney who routinely goes to the various court facilities in her area. Still others’ jobs may involve a great deal of traveling within a community, across the country, or around the world. Plumbers, performers, and paleontologists – not to mention drivers and delivery workers – are often on the move.

All of us, employers and employees alike, need to plan and prepare for emergencies at work. Employers need to have plans for worksite evacuation or sheltering in place, and procedures for communicating with anyone who may be working (on-site or in the community), including permanent or temporary employees with disabilities.

Employees need to be personally prepared, as well, especially if they have specific disability-related needs. They may want to keep extra personal supplies, batteries, or items for service animals in their workplaces or vehicles in case they need to shelter in place for a while. They can also contribute to the workplace planning process and participate in drills to ensure their unique needs are met.

Inclusive PlansEmployers of all types should have plans that take into account the needs of employees with known disabilities, as well as the possibility that there are employees with undisclosed disabilities in the workforce.

While employers are generally not allowed to “go fishing” for information from employees about hidden disabilities, employers can invite employees to voluntarily disclose disability information for the purpose of discussing accommodation or assistance that may be needed in an emergency. Some employees may still choose not to reveal disabilities, but inclusive plans can help ensure that workers, as well as visitors or customers, are safe in an emergency.

Questions for Employers If your building has a fire alarm system, are the alarms both audible (a loud siren or bell)

and visible (bright, flashing lights) which cover all rooms and spaces, so all building occupants, including those with hearing disabilities, are notified?

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Does your plan include communication procedures that can utilize various modes (voice, text) to help people keep track of what is happening and make sure everyone is accounted for?

Are evacuation routes to get out of the building kept clear? Are there maps and signs posted to direct people?

If getting out of the building requires the use of stairs or elevators that shut down in certain situations (such as when the fire alarm is activated), how will people who can’t climb stairs be evacuated? Where can they go to wait in relative safety until emergency responders arrive to help them?

Do you have plans and procedures for emergencies or threats other than fire (severe weather, chemical spills, etc.)? Does your plan address sheltering in place for situations where evacuation is not an option?

Does your plan designate specific individuals (and back-ups) who are responsible for various aspects of implementation (points of contact, etc.)?

Are all newly hired employees given information and appropriate training on emergency plans and procedures? Are existing staff given updated information or refresher training as needed? Is information and training given using various formats and methods to accommodate people with hearing, vision, learning, intellectual, or cognitive disabilities?

Are plans and procedures periodically reviewed and updated? Is emergency equipment routinely tested and maintained?

Do you hold practice sessions or drills to test your plans and procedures?

CommunicatingMaintaining communication is one of the most critical components of any emergency plan. Using every possible means and method of communicating between workers, managers, and emergency responders will help ensure that employees get timely information and know where to go and what to do.

Despite what our English teachers told us, redundancy is not always a bad thing. Using a variety of communication modes to transmit and repeat information will keep all employees, including those with disabilities, in the loop. Having back-up systems for equipment and technologies can help compensate for power outages, equipment failures, or damage. Having an established

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“chain of command” and back-up plans for employee task assignments can help compensate for human factors such as the absence or incapacity of individuals in the workplace.

Most of us prefer not to dwell on the possibility of disaster. That’s understandable, but if we don’t plan and prepare for it, we fail to invest in our own futures. If you have a workplace emergency plan, review and practice it. If you don’t have one, get started today.

For more information and training resources to help ensure that your emergency plans and preparations are inclusive, visit our emergency planning resources page (http://adainfo.org/content/emergency-preparedness-evacuation).

A Personal Perspective

Marian Vessels, Director, Mid-Atlantic ADA CenterThe need to be able to evacuate from a workspace is something many of us have not really considered. We may have a “go” kit at home, but do we have one at work? Are we prepared to shelter in place at work? Many of us spend over half of our waking time in the work place.

I have had to think about emergency needs at work many times in the last few years. I’ve used a power wheelchair for the last 5 years or so. I’ve had to

transition from being someone who was relatively easy to evacuate, to someone with greater challenges. My power chair weighs about 350 pounds, without me. It is very cumbersome to move. A few years ago I was presenting in a conference room on the second floor of an office building. At the end of the day I tried to leave using the only elevator and found that it was not working. An elevator repairman was called and soon determined that it would be the next day before the elevator would be functioning. The building had an evacuation chair, but no one knew how to use it. After locating the user manual and the video and learning how to use it, I was transferred into the evacuation chair and taken down stairs while four strong individuals carried my power chair down the flight of stairs. Luckily for me it was not a time-critical emergency!! Having evacuation equipment and being able to use it are two different things!

Many of us will remember where we were when the earthquake hit the Mid-Atlantic region a few years ago in the early afternoon on a workday. I was at a business meeting in downtown DC and remember the panic and confusion. As a Californian I knew it was an earthquake and knew what to do, but none of my companions did. The confusion on the streets was apparent as everyone fled and the buildings shook, but many people had no idea that they should have moved away from the buildings in case of falling debris.

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We have a lot to learn about how to be prepared and shelter in place if needed. Do you have an evacuation plan for your work site? I intend to beef up my shelter in place kit in the office and hope that you, too, will develop one, or update and re-stock it! You never know when you might be required to shelter in place or evacuate from work!

Zoom in on Training

2015 Accessibility Summit (http://accessibilitysummit.org/) April 17 – 18, 2015McLean Bible ChurchVienna, VAJoin families, caregivers, faith-based organizations, service providers, teachers and other professionals at the Accessibility Summit. The Summit will feature workshops, exhibits, a session with guest artist Christopher Duffley, and a keynote address from Tim Shriver, Chairman of Special Olympics.

2015 National ADA Symposium(http://adasymposium.org/) May 10 – 13, 2015Atlanta, GAThe 19th annual ADA Symposium will offer an opening reception at the new National Center for Civil and Human Rights, pre-conference sessions, 72 break-out sessions on a wide range of ADA topics, advanced discussion groups, exhibits, and hands-on learning activities. Register by March 20th for a reduced registration fee!

Mid-Atlantic ADA Center: ADA in Focus Webinar Series February 4, 2015: Understanding the 2010 ADA Standards for Accessible Signage

(http://adainfo.org/node/931)

ADA National Network Online Learning(http://ada-audio.org/)Check out the ADA National Network’s programs, which include the ADA Audio-Conference Series, the ADA Legal Webinar Series, the Accessible Technology Webinar Series, the Accessibility Online Webinar Series (in collaboration with the U.S. Access Board), and the Disability Law Lowdown Podcasts. Upcoming sessions: February 5, 2015: Accessible Play Areas, Advanced Session (Accessibility Online Series;

http://www.accessibilityonline.org/Schedule/)

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March 5, 2015: Open Q & A Session with the Access Board (Accessibility Online Series; http://www.accessibilityonline.org/Schedule/)

Save the Date: Annual Mid-Atlantic ADA Update(http://adainfo.org/Content/ADA-Update)September 17 – 18, 2015Baltimore, MDStay tuned for upcoming details on our 22nd annual conference!

This is just a sample of the variety of training opportunities coming up on a local, regional, and national level. Visit our Trainings pages (http://www.adainfo.org/content/trainings) for a comprehensive listing!

Close-Ups: What’s New

National Disability Policy: A Progress Reporthttp://www.ncd.gov/progress_reports/10312014The annual report from the National Council on Disability (NCD) focuses on seven key areas: the Convention on the Rights of People with Disabilities (CRPD), employment access and inclusion, subminimum wage, education outcomes, Medicaid managed care, mental health care, and data trends in disability policy. The report identifies opportunities to promote public policies that contribute to a more inclusive environment.

Recommendations include: The White House should continue to promote the CRPD, addressing misconceptions

about it and highlighting the benefits of ratification; The Department of Transportation should solicit more input from people with

disabilities who use transit systems, provide more guidance to transit operators on reasonable accommodation issues (for example, how to manage station elevator outages), and support research and development of cutting edge technologies such as accessible touch screen devices used in taxis or transit stations;

Congress, federal agencies, and business and industry should work together to expand access to broadband and the availability of accessible and assistive technologies;

Congress and the Department of Labor should work to implement a gradual, step-by-step process to eliminate sub-minimum wages and transition people with disabilities from sheltered workshops to integrated and supported employment;

The Administration, Congress, and federal agencies should continue to expand and improve community-based mental health programs for both civilians and veterans.

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DOJ Issues Publication on Voting RightsThe Department of Justice (DOJ) published a new technical assistance document about federal laws that protect the rights of voters with disabilities. The document is a reminder that voter registration, voting policies and procedures, the accessibility of polling places and voting equipment, and other issues are addressed by the ADA, the Voting Rights Act, the Voting Accessibility for the Elderly and Handicapped Act, the National Voter Registration Act, and the Help America Vote Act.

The publication is helpful for election officials, poll workers, and voters. The Americans with Disabilities Act and Other Federal Laws Protecting the Rights of Voters with Disabilities (http://www.ada.gov/ada_voting/ada_voting_ta.htm) is available online, including a PDF version (http://www.ada.gov/ada_voting/ada_voting_ta.pdf).

Effective Communication for Students with Hearing, Vision, or Speech Disabilities in Public Elementary and Secondary Schoolshttp://www.ada.gov/ta-pubs-pg2.htm#doe_doj_eff_comm The U.S. Departments of Justice and Education together issued a user-friendly, “frequently asked questions” document that explains the responsibilities of public schools in meeting the communication needs of students with hearing, vision, or speech disabilities.

The publication clarifies the distinctions between the Individuals with Disabilities Education Act (IDEA) and Title II of the ADA. Sometimes both laws will be relevant for a particular student, and the requirements will overlap, but sometimes one law will require something the other will not. Additionally, students with disabilities who are not eligible for special education under the IDEA may have rights under the ADA (and the virtually identical Section 504 of the Rehabilitation Act, which applies to recipients of federal funds).

A brief fact sheet (http://www.ada.gov/doe_doj_eff_comm/doe_doj_eff_comm_fact_sht.htm), also available in Spanish (http://www.ada.gov/doe_doj_eff_comm/doe_doj_eff_comm_fact_sht_espanol.pdf), provides an overview.

Also posted is the “Dear Colleague” letter (http://www.ada.gov/doe_doj_eff_comm/doe_doj_eff_comm_ltr.htm), also available in Spanish (http://www.ada.gov/doe_doj_eff_comm/doe_doj_eff_comm_ltr_espanol.pdf), that was sent to public schools, outlining the obligations they have under the ADA, Section 504 of the Rehabilitation Act, and the IDEA.

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OCR Addresses Bullying of Students with Disabilitieshttp://www.ed.gov/news/press-releases/bullying-students-disabilities-addressed-guidance-america%E2%80%99s-schoolsThe U.S. Education Department's Office for Civil Rights (OCR) issued updated guidance on how schools should address bullying of students with disabilities. Research has shown that students with disabilities are more likely to be bullied than their peers without disabilities. Additionally, the harmful effects of bullying can be compounded for some students because of the nature of their disabilities.

The Department underscores the importance of recognizing and reporting bullying in any form (which can include physical, verbal, emotional, or social behavior or threats), and outlines the obligations schools have to respond appropriately by taking prompt and effective steps to end bullying, prevent recurrence, and cure its effects.

Materials include a fact sheet for parents (http://www2.ed.gov/about/offices/list/ocr/docs/dcl-factsheet-bullying-201410.pdf), which is also available in Spanish (http://www2.ed.gov/about/offices/list/ocr/docs/dcl-factsheet-bullying-201410-sp.pdf).

Accessible Surfaces: 7 Things Every Playground Owner Should Knowhttp://www.access-board.gov/guidelines-and-standards/recreation-facilities/guides/surfacing-the-accessible-playgroundThe U.S. Access Board issued a new publication to help playground owners and operators select, install, and maintain accessible surfaces. The publication is full of helpful illustrations and practical advice on how to assess the various environmental, structural, and financial considerations that affect the choice of sites, designs, and materials. Planning for high-quality and cost-effective installation and maintenance are also discussed.

ADA Anniversary 2015

“ADA in Action” Photo Contesthttp://adainfo.org/photo_contest Enter your photos of people with disabilities working, playing, and participating; send us your snapshots of accessible products and facilities!

We are sponsoring the contest to celebrate 25 years of the ADA! Our contest is organized in five categories, just like the five titles of the ADA (employment, state and local government programs, public accommodations, telecommunications, and miscellaneous).

Prizes will be awarded for 1st place ($50.00 Visa gift card), 2nd place ($25.00 Visa gift card), and 3rd place (an ADA 25th anniversary tee shirt) in each of the five categories.

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It’s easy! Upload your digital photos and enter on our “ADA in Action” photo contest page (http://adainfo.org/photo_contest)!

We Want to Hear from You for “ADA25”!Next summer, July 26 will mark the 25th anniversary of the signing of the historic Americans with Disabilities Act! There will be ceremonies and celebrations, and we can’t wait to get started! We are asking you to share your memories, experiences, and perspectives on the ADA.

What has the ADA meant to you? Did you work for the passage of the ADA? What positive experiences have you had implementing the ADA in your workplace, school, or community? How do you plan to celebrate?

So share a sentence or a story, a snippet or a sonnet! We would like to post a few selections in our “ADA Scrapbook” (http://adainfo.org/content/scrapbook) and feature them in our materials as we mark this momentous milestone!

Send your contributions to CelebrateADA@transcen.org; we will select several contributions to be posted.

ADA25: “PLEDGE ON!” http://adaanniversary.org/pledgeon Remember to pledge your support for the ADA as we prepare for the 25th anniversary of the signing of one of the world’s most historic civil rights laws. Celebrate progress and commit to the principles of the ADA!

Mid-Atlantic ADA25 Pledge List (Individuals)

District of ColumbiaDara Baldwin

John L. WodatchJuliana Taymans

KevinKevin Mendoza

Merrill FriedmanShonda McLaughlin

Yoshiko Dart

Delaware

Angela EhstDaniese McMullin-Powell

Diana JonesKaren McGloughlin

Linda OsieckiMark Monroe

MarylandAdriane Griffen

Amy Dwyre D'AgatiAndy ImparatoAnn DeschampsArnoldo Moore

Barbara Van Dyke

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Betty SmootCari Watrous

Caroline JacksonCrystal Brockington

Crystal RobinsonDana RodriguezDorene McKelvyFrancie Gilman

Genice A., FowlerHyun Masiello

Jackie GastJanet E Lord

Joseph HawkinsKaren Fraim Goss

Kelli CraneLaToya SmithLaura Owens

LaVerne A. BuchananLisa KornbergLori Golden

Magdalene GarciaMarian S Vessels

Marie ParkerMegan Riggs

Melissa KistlerMeredith Gramlich

Nancy HortonPamela JordanPersha GreggRachel Harbin

Richard LueckingRon Drach

Rosanne ZagorskiRose Harris

Sandy CazaresSarah Fleming

Stacey KernisanSue Werber

Tawny HolmesThomas Hewitt JrTony Langbehn

Pennsylvania

Alex RobertsonBeverly Morrow-Jones

Brittany S HallChristian Vinten-Johansen

Daniel KleinmannDanielle Kulnis

David BakerDeborah Holden

ErinFran Fulton

James David RobinsonJames Telesky

Janetta W. GreenJoe SnyderJosie Byzek

Joyce BenderLaura DeLucaLauren Beck

Lauren StuparitzLynn Stewart- KriegerMadeleine Mc MahonMargo Brown-Pinder

Marilyn Z. ZarreiiMartha M. Aquila

Nan SninskyNorene Price

Rebecca WilliamsRenee Kirby

Richard MeritzerRob Hodapp

Sean-Ray James WilliamsStephanie Martinez

Susan SmytheSuson Akakpo-Martin

VirginiaCameron Patterson

Dana JacksonJackie

Joan L. EhrlichKaren Michalski-Karney

Leo GrassiLindsay Farrar

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Marie Maasch-HileMary KilleenMary Killeen

Melinda BowlerMonchella Bannister

Raquel RosaRebecca Logan FayShannon StraughnSherman StovallW. Brandon Cox

West VirginiaAmanda Hutchison

Anastasia RileyAngie Ferrari

Ann McDanielApril MartinBecky Cook

Bob WaybrightBruce Cool

Caitlyn MotesCarissa Davis

Charles W. CardwellCharlotte Roth

Christina E. SmithChristy BlackCindi CorbinCindy TuckerDarla Ervin

David GeorgeDavid SandersDavid Stewart

Debbie Cardwell

Elliott BirckheadJan Derry

Janet Lintala, DCJanice A. HollandJan Lilly-Stewart

Jann HokeJerika Jones

Joanna BowlesJulie DavisJulie Pratt

Kim NucklesLarinda YelcichLee Gustafson

lewisnewellLorraine Swogger

Mark DerryMelina Danko

Melissa SouthallMichelle Norweck

Nancy SchmittNancy Tyler

Nathan ParkerPatty BoycePaul Smith

Raymond MortonRaymond PatrickRegina MayoloTeresa K. Pate

Tina MaherTodd Rundle

Vanessa VanGilderVanessa VanGilder

Mid-Atlantic ADA25 Proclamation List (Organizations)

District of ColumbiaNAMI DC - Washington

National Association of Law Students With Disabilities - WashingtonSibling Leadership Network - Washington, DC

Delaware

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Delaware Business Leadership Network - Wilmington

MarylandAssociation of University Centers on Disabilities - Silver Spring

Eastern Shore Business Leadership Network - SalisburyHarford County Government - Bel Air

Independent Marylanders Achieving Growth Through Empowerment - TowsonMaryland United for Peace and Justice - Bowie

Mid-Atlantic ADA Center - RockvilleTransCen, Inc. - Rockville

Washington College - Chestertown

PennsylvaniaCenter for Independent Living of Central PA (CILCP) - Camp Hill

Friendship Community - LeolaTri-County Patriots for Independent Living - Washington

VirginiaAccess Independence, Inc. - Winchester

Blue Ridge Independent Living Center, Inc. - RoanokeBlue Ridge Legal Services, Inc. - Harrisonburg

City of Roanoke - RoanokedisAbility Resource Center of the Rappahannock, Inc. - Fredericksberg

Disability Rights & Resource Center - Rocky MountEastern Shore Center for Independent Living - Belle Haven

Independence Empowerment Center - ManassasResources for Independent Living Inc. - Richmond

Virginia Association of Centers for Independent Living - Roanoke

West VirginiaCenter for Excellence in Disabilities at West Virginia University - Morgantown

Community Living Initiatives Corporation - MorgantownFair Shake Network, Inc. - Institute

HER Place - HuntingtonJob Squad, Inc. - Bridgeport

Messages For Hope, Inc. - CharlestonOlmstead Office - West Virginia - Charleston

Partnerships in Assistive Technologies (PATHS) - CharlestonThe Arc of West Virginia - ParkersburgThe Disability Action Center - Fairmont

Upper Potomac Area Agency on Aging - Petersburg

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Zoom in on Court Decisions and Settlements

Maxim Healthcare Services Will Pay $75,000 to Settle EEOC Disability Discrimination Suithttp://eeoc.gov/eeoc/newsroom/release/12-3-14.cfmMaxim Healthcare Services, Inc., a nationwide staffing service for nurses and other health care professionals, will pay $75,000 and furnish other relief to resolve a lawsuit filed earlier this year by the U.S. Equal Opportunity Commission (EEOC).

According to the lawsuit, Maxim Healthcare Services in Pittsburgh refused to hire a candidate for an assignment because the individual was HIV-positive. The job involved sitting with patients at a U.S. Department of Veterans Affairs (VA) medical facility.

Wal-Mart Stores East Will Pay $72,500 to Settle EEOC Lawsuithttp://eeoc.gov/eeoc/newsroom/release/10-22-14b.cfmWal-Mart Stores East, L.P., will pay $72,500 and provide other relief to settle an ADA lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC).

According to the EEOC, an assistant store manager at the Walmart store in Cockeysville, Maryland, made a job offer contingent on a urinalysis test for illegal drugs. The applicant, who cannot produce urine due to renal disease, requested an alternate test, but store management refused to authorize it and the applicant was not hired.

To settle the lawsuit the company will provide $72,500 in monetary relief to the individual, revise its policies and train staff, among other measures.

"This is the fourth EEOC lawsuit alleging the employer failed to provide a reasonable accommodation and refused to hire a qualified applicant when the solution – to provide a blood drug test during the drug screening process – was simple," said EEOC Regional Attorney Debra M. Lawrence.

DOJ and DC Trails Settlement Agreement Will Improve Transportation and Tour Serviceshttp://www.ada.gov/dc_trails_sa.htmThe Department of Justice (DOJ) entered a settlement agreement with DC Trails, Inc., a large private company that provides charter bus services, as well as fixed-route bus tours in the Washington, D.C. area.

Accessible vehicle requirements under the ADA have been phased in over a period of many years since the passage of the law, allowing operators to require advance notice to meet the need for accessible vehicles in many cases. However, large fixed-route operators were required to have bus fleets 100% accessible by 2012.

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A joint compliance review conducted by DOJ and the Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) in 2013 found that DC Trails did not have a fully accessible fleet. Additionally, they believed that DC Trails failed to adequately train personnel, finding that “[e]mployees have received training in proper operation and maintenance of accessibility features and equipment and boarding assistance, but DC Trails has failed to train its personnel in securement of mobility aids, sensitive and appropriate interaction with passengers with disabilities, handling and storage of mobility devices, and familiarity with the requirements of DOT's ADA regulations.”

The company will ensure that it uses only accessible vehicles for its fixed-route operations, eliminate materials and procedures that indicate advance notice is required to ensure the availability of an accessible vehicle on a fixed route, and implement a comprehensive staff training program.

DOJ Settlement Agreement with Peapod Will Improve Online Shoppinghttp://www.ada.gov/peapod_sa.htmThe Department of Justice (DOJ) has entered another settlement agreement that implicates the accessibility of a private business’ website and mobile applications.

Ahold U.S.A., Inc., and Peapod, LLC operate a business that provides home delivery of groceries. Customers place their orders almost exclusively online. A review by DOJ found a variety of barriers on the company’s website, including inaccurate captions on videos, and coding and design issues that created problems for people who cannot use a mouse and people with vision disabilities who use screen readers to access content.

Although Peapod has had a practice of providing assistance and taking orders by telephone for people with disabilities, the company agreed to a number of measures that will make the shopping experience for customers with disabilities more like that of others.

A Website Accessibility Coordinator will be designated within the company, mobile applications and the website will conform to the Web Content Accessibility Guidelines (WCAG) 2.0 AA by later this year, staff will be trained, and procedures will be established to conduct testing, fix bugs, and solicit feedback from users.

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DOJ Settlement with Associated Foot and Ankle Centers of Northern Virginiahttp://www.ada.gov/afac_sa.htmThe latest settlement agreement reached in our region through the U.S. Department of Justice’s (DOJ) Barrier-Free Health Care Initiative is with the Associated Foot and Ankle Centers of Northern Virginia, PC.

The agreement will resolve a complaint from a patient who is deaf and alleged that he was not provided sign language interpreter services for several appointments, including pre- and post-surgery, and that an unqualified individual was provided for other appointments.

The detailed agreement outlines policies and procedures the company will implement to ensure that in the future communication with patients and their companions will be more effective. The company will also pay $14,000 in compensatory damages to the complainant and a $1,000 civil penalty to the United States.

Snapshots: Cool and Useful Websites

Olmstead: Video Collectionhttp://www.ada.gov/videogallery.htm#olmThe Supreme Court ruled in 1999 in the case of Olmstead v L.C. that individuals with disabilities should not be unnecessarily isolated in institutional settings, but should receive services and supports in community-based settings whenever possible.

“The Promise of Olmstead: 15 Years Later” is a tribute to individuals who have followed through on the promise of community integration for people with disabilities. The video features the stories of several individuals with disabilities who live in Washington, DC area communities.

“Voices from the Olmstead Decision” features video clips submitted by individuals with disabilities, their family members, and others around the country whose lives have been enriched by the Olmstead decision.

Able South Carolina Video Series on YouTubeWhat You Need to Know about Medical Examinations in English with American Sign Language (ASL) interpretation (https://www.youtube.com/watch?v=K0AEGJpXCiI) or with audio-descriptions (https://www.youtube.com/watch?v=Bke3Inmr5w8) is helpful for both health care providers and people with disabilities.

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What You Should Know about Parenting with a Disability in English with ASL (https://www.youtube.com/watch?v=wanUzdrr8PE) or with audio-descriptions (https://www.youtube.com/watch?v=EoWBoqLzxO0) discusses the legal rights of parents with disabilities.

SSB BART Group YouTube Channelhttps://www.youtube.com/channel/UCMaj9TLWOF6fx-bFdapY1AAVideos demonstrate various technology accessibility and usability issues, such as how individuals who are blind use screen reading programs to navigate webpages, or how web designers can choose effective color schemes.

About this Publication

ADA in Focus is published three times yearly by the Mid-Atlantic ADA Center. It is also available by request in large print, Braille, audio CD, and computer disk. To obtain copies in other formats, please contact us.

ADA in Focus is intended for use by individuals, state and local governments, businesses, legal entities, and others interested in developments in the Americans with Disabilities Act. This publication is intended solely as an informal guidance and should not be construed as legally binding. ADA in Focus does not serve as determination of the legal rights or responsibilities under the ADA for any individual, business, or entity.

TransCen, Inc. is a Rockville, Maryland based non-profit 501(c)3 organization dedicated to improving educational and employment outcomes for people with disabilities. TransCen administers the Mid-Atlantic ADA Center, providing information and training on the American with Disabilities Act to DE, DC, MD, PA, VA, and WV.

Laura Owens, PresidentMarian Vessels, Project DirectorKaren Goss, Assistant DirectorNancy Horton, Information SpecialistDavid Stewart, Information SpecialistBarbara Van Dyke, Training & Administrative SpecialistStacey Kernisan, Training SpecialistCarleen Crespo, Office Administrator

401 N. Washington St., Suite 450Rockville, MD 20850 4151Telephone (Voice/TTY): 301-217-0124  Fax: 301-251-3762Toll-Free (Voice/TTY): 800-949-4232

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E-Mail: adainfo@transcen.orgWeb: www.adainfo.org

This is a publication of the Mid-Atlantic ADA Center funded by the National Institute on Disability and Rehabilitation Research of the U.S. Dept. of Ed. (Grant # H133A110017). The opinions contained in this publication are those of the grantee and do not necessarily reflect those of the Department of Education.© 2015 TransCen, Inc.

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