When No One Was Looking...
ADA Amendments Act of 2008

When no one was looking... President George Bush signed the Americans with Disabilities Amendments Act of 2008 into law.

On Thursday, September 25, in the shadow of America’s brooding financial crisis, Bill S.3406 was signed. Quietly and without fanfare, it became Public Law No: 110-325. Given all the other issues occupying the nation’s attention, it is understandable how this event did not get much public attention. It is, however, sad that this monumental bolstering of civil rights legislation for people with disabilities was not afforded the open celebration that it deserved.

The ADA Amendments Act was conceived as a purposeful counterattack on the courts which, through a series of decisions over the past 18 years, have been progressively emasculating the purpose and scope of the ADA as envisioned by those who originally developed, supported and voted for it. The stated purpose of the ADA Amendments Act is “to restore the intent and protections of the Americans with Disabilities Act of 1990.” Now signed, it will go into effect on January 1, 2009. It is expected to overturn several of the earlier decisions of the U. S. Supreme Court.

Happily, this legislation not only had strong bipartisan support, but it had strong support from both disability groups and employers. Here are representative comments from those two constituencies:

"This bill represents a truly remarkable collaboration of disability, civil rights and employer groups that generated strong bicameral and bipartisan support in Congress... The bill strikes the right balance between protections for individuals with disabilities and the obligations and requirements of employers. It corrects narrow court interpretations that have restricted ADA protections in the workplace and stripped coverage for individuals with conditions such as diabetes, epilepsy and even cancer. Restoring the original intent of the ADA is a practical issue for manufacturers who urgently need qualified workers to fill vacancies – and it’s also the right thing to do.” - Jay Timmons, Executive Vice President, National Association of Manufacturers

"Today President Bush has followed in his father's footsteps and taken a stand for equal opportunity and full participation for all Americans. I deeply appreciate the bipartisan leadership in the Congress that brought us to this point, and I thank President Bush for his leadership in signing this critical civil rights law that will make a real difference in the lives of millions of Americans with disabilities and chronic health conditions."  - Andrew Imparato, President and CEO of the American Association of People with Disabilities 

As we enter National Disability Employment Awareness Month 2008, the new ADA Amendments Act gives us good cause for celebration, and we owe a collective and resounding “Thank you” to all of the individuals who championed this legislation through to its signing.

~ Rob McInnes

© Rob McInnes, Diversity World, September, 2008 (If not used for commercial purposes, this article may be reproduced, all or in part, providing it is credited to "Rob McInnes, Diversity World - www.diversityworld.com". If included in a newsletter or other publication, we would appreciate receiving a copy.)

  Specific Implications of the ADA Amendments Act: http://www.eeoc.gov/ada/amendments_notice.html

  History and full text of the Act:
http://www.govtrack.us/congress/bill.xpd?bill=s110-3406

  John Kemp’s Testimony (November 2007) in support of the Act: http://www.dredf.org/programs/testimony07/Kemp_ADA_Restoration_Testimony.pdf
 

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My article from last month Disability Humility for Employers, prompted this thoughtful response form one of our readers:
 

“Overtly or subtly we have suggested that, in order to successfully employ people with disabilities, employers must be experts in disability e.g. they must have high levels of "Disability Competence". Since most employers, particularly small business owners, know that they will never have the time develop that competence, they may consequently conclude that they can never effectively employ people with disabilities. With a focus on Disability Competence, we can discourage, rather than encourage, employers to be more proactive about adding people with disabilities to their workforces.”

Rob, The above quote from your article triggered my thinking process. 

Employers need to be experts in identifying, hiring and retaining the people with the abilities they need to make their organization function in an optimum fashion.  It is not possible for them to become experts in disability--the people with disabilities are the experts.

How about a focus on Ability Competence?  The truth of the matter is that I have a disability but I also have abilities that are readily transferable to other businesses.  Employers should focus on what are the abilities and expertise this person offers to my company?  Employers hire assets and people with disabilities are assets because of the intellectual capital and expertise which they possess.

Proactive employers are difficult to find and even when you do find them, the culture of the company does not necessarily embrace the person with a disability until they prove their ability on the job.  

- Barney Mayse, Disability Advocate, The Whole Person, Inc. www.thewholeperson.org

ONLINE VIDEO: Civil Rights and Disability

“My Country” is a one-hour documentary originally shown on PBS. Symphony conductor James DePreist, who contracted polio as a young man, profiles three people with disabilities whose lives have been shaped by the struggle for equal rights. Mr. DePreist is the nephew of African American contralto Marian Anderson, who in 1939 was prevented from singing at Constitution Hall. He draws parallels between racial barriers and the barriers faced by people with disabilities.

  See: http://www.ada.gov/videogallery.htm#my_country  

  Order a Free DVD Copy: http://www.ada.gov/mycountryodrfrm.htm 

GUIDE: Federal Hiring and Advancement for Employees with Disabilities

As the US Government seeks to reverse the trend of employing less and less people with disabilities in its workforce, the Equal Employment Opportunity Commission has developed “Questions and Answers: Promoting Employment of Individuals with Disabilities in the Federal Workforce… Drawing on actual experiences to provide practical examples, this publication provides an overview of legal issues that affect the hiring and advancement of people with disabilities in the federal government.” This document may be helpful to job seekers and job developers looking for employment with the federal government. Some of the content may also be helpful to other companies that are seeking to improve practices in their hiring of people with disabilities.

  See: http://www.eeoc.gov/federal/qanda-employment-with-disabilities.html 

ONLINE VIDEO: Signing of the ADA

The recent signing of the ADA Amendments Act, overshadowed by the Country’s financial crisis, was signed without the ceremony it deserved. The signing of the Americans with Disabilities Act of 1990, however, was given the attention deserving of a major milestone in the advancement of civil rights in America. The ceremony was captured in this 22-minute video.
 

   See: http://www.ada.gov/videogallery.htm#ADAsigningDSLcaptioned

WEBSITE: Mental Health Works

This Canadian site, and the organization behind it, is devoted exclusively to employment and mental heath issues. It is focused on the needs of both employees and employers. Chock full of online information, the organization additionally offers training, and a speakers bureau. We particularly liked the featured article: “What I wish I knew: A snapshot of my experience with mental illness at work “

  See: http://www.mentalhealthworks.ca/index.asp

  Read “What I wish I knew…” http://www.mentalhealthworks.ca/articles/snapshot_of_depression.asp 

FREE CDROM:  ADA Technical Assistance

The Department of Justice has produced a free CD-ROM which contains a complete collection of the Department’s ADA materials. It includes the Department’s regulations, architectural design standards, and technical assistance publications. Designed for easy use on laptop computers in the field, or other computers that lack high speed Internet access, the CD-ROM will make searching documents and identifying appropriate ADA information easier and more efficient.

Documents on the CD ROM are provided in a variety of formats, including HTML and text (ASCII), to enable people with disabilities and others to gain easy access, translate materials to braille, or use screen readers. Many documents are also provided in Acrobat PDF format so that they appear as they do in print and permit the publication to be reprinted by personal computers.

  See Contents: http://www.ada.gov/cdorderform/cdtoc.htm 

  To order: http://www.ada.gov/cdorderform/cdrequestform.htm

ONLINE RESOURCES: Mental health: it’s part of every workplace

A nice collection of online brochures, booklets and a toolkit on mental health in the workplace from the Substance Abuse and Mental Health Services Administration.

  See: http://www.allmentalhealth.samhsa.gov/business.html 

ARTICLE: Finding the Right Way to Disclose a Disability

Never and easy decision for a job applicant, choosing how and when to disclose your disability to a prospective employer can be dicey. This recent article in the Wall Street Journal lays out a nice little framework to consider.

  See: http://online.wsj.com/article/SB121970164024670703.html?
mod=CarJMain_topright

REPORT:  The State of 21st Century Financial Incentives for Americans with Disabilities

Self described as “Part of an effort, under the umbrella of inclusive livable communities, to guide future policy and practice to advance choice, full community participation, and economic independence for people with disabilities”, this new 200+ page report from the National Council on Disability covers an incredible amount of ground. Much of the content is focused on employment-related issues. From the “lagging effectiveness” of the Ticket to Work program, to the assertion that “Disability programs are heavily weighted toward the use of resources for determination of status and assessment of eligibility” rather than programmatic interventions, to the proposal of a POWER framework for financial incentives, there is a lot of good food for thought in this report.

  See:

DiversityShop
Resources on Disability and Employment

NEW BOOK: Taking Pride In That Which Sets Us Apart
Author: Shayn Anderson (Paperback, 90 pages)

Subtitled “A Vision Of Hope And Personal Responsibility For People With Disabilities”, it is a smart little book that asserts that people with disabilities need to embrace their disability with pride, readily acknowledge their affinity to other people with disabilities and assume a greater sense of personal responsibility for their destinies. (Click on title for more detailed information.) Price: $14.95

NEW DVD: Getting it Right: Etiquette Tips
DVD (Running Time: 26 Minutes)
Particularly geared to the workplace, this is a fun and engaging new tool for teaching basic disability etiquette and developing greater disability awareness. (Click on Title for more detailed information.)
Introductory Price! $179.95 $149.95

Visit DiversityShop
for more Disability and Employment Resources

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EVENT LISTINGS

EVENT: USBLN Annual Conference and Career Fair

“Expanding Inclusion: The Business Strategy”

Portland, OR ~ October 5 - 8, 2008

The preeminent national event for business, community leaders and Business Leadership Network chapters that have an interest in hiring, retention and marketing to people with disabilities. This year’s event promises to provide informational and educational opportunities of the highest quality.

  More Information Here: http://www.newworkforceconference.org/

EVENT: Canadian Council on Rehabilitation and Work (CCRW) Annual Conference

“Employment Now! Diversity Planning for Inclusive Employment “

St. John’s, Newfoundland ~ October 5 to 7, 2008

For more than 30 years, the CCRW has been a national leader in employment equity and in promoting and supporting the hiring of persons with disabilities in Canada. Employment Now! will bring experts together to develop a framework for a National Employment Delivery Strategy. CCRW is expecting 200 participants to discuss and move the Employment Equity agenda forward in Canada. Your presence will contribute to the successful planning for diverse and inclusive employment solutions in the Canadian workforce.

More Information Here: http://www.ccrw.org/conf/index.html

EVENT: COSD 9th Annual National Conference

"Discovering Diversity As Disability"

Burlingame, CA ~ October 27 -29, 2008

EVENT: Ever-Widening Circle

Oakland, CA ~ November 7, 2008 

Ever Widening Circle battles negative stereotypes of people with disabilities and celebrates disability culture. Now in its 10th year, World Institute on Disability’s Ever Widening Circle will be bigger and better than ever with an evening of entertainment provided by world-class performers.  This year, Ever Widening Circle will feature the Grammy Award-winning talents of The Blind Boys of Alabama, revered worldwide for their unique blend of the sacred and the secular.

More Information Here: http://www.wid.org/ever-widening-circle

EVENT: 2008 Canadian Association for Supported Employment (CASE) Conference

“Working Matters”

Vancouver, British Columbia ~ November 13 – 14, 2008

The CASE Conference attracts leaders in the field of supported and customized employment, and is highly valued by leaders in the field as a high quality networking and professional development event.

More Information Here: http://supportedemployment.ca/en/conference/

EVENT:

“Learning Today, Leading Tomorrow”

Ottawa, ON ~ November 14 - 16, 2008

This year’s event will be an exciting opportunity for students, consumer advocates, service providers, employers and all others interested in exploring key issues of equal access to post-secondary education and employment for students and graduates with disabilities. We welcome delegates from across Canada and around the world.

More Information Here: http://www.neads.ca/conference2008/en/

EVENT: Careers Conference 2009

“From Inspiration to Application”

Madison, WI ~ January 26 – 28, 2009

The Careers Conference is hosted by the Center on Education and Work, part of the School of Education at the University of Wisconsin-Madison. It is one of the largest and most comprehensive events of its kind, featuring top quality professional development including; More than 150 practitioner sessions, Interactive sessions on the latest career development trends, Outstanding featured and keynote speakers, Panels by experts focusing on key topics, Networking opportunities and more!