This is the ninth edition of this newsletter. DRBA members are encouraged to share cases or policy information for inclusion in future newsletters. DRBA members are encouraged to share cases or policy information for inclusion in future newsletters. Suggested articles for the next quarterly newsletter are due by September 30th, 2024, to Heather Ansley, DRBA Policy Committee Chair, HeatherA@PVA.org.
Download DRBA July 2024 Newsletter
Contents
- Executive Branch Updates
- Legislative Branch Updates
- Cases & Settlements
- Learn More
- Additional Newsletters
Special thanks to DRBA members, Danica Gonzalves, Senior Advocacy Attorney, and Anthonya James, Advocacy Attorney, with Paralyzed Veterans of America, for compiling this newsletter.
Executive Branch Updates
HHS Publishes Section 504 Final Rule
The U.S. Department of Health & Human Services (HHS) issued a final rule under Section 504 of the Rehabilitation Act. Section 504 prohibits discrimination on the basis of disability in programs and activities receiving federal financial assistance. Among other things, the rule clarifies the application of Section 504, including medical treatment, child welfare programs and activities, and integration; includes requirements for accessible medical equipment; defines accessibility requirements for websites and mobile applications; and improves consistency with requirements under the Americans with Disabilities Act.
DOJ Publishes ADA Title II Web & Mobile App Accessibility Final Rule
The U.S. Department of Justice (DOJ) issued the final rule for the accessibility of websites and mobile applications under Title II of the Americans with Disabilities Act. Under the new regulations, websites and mobile apps must adhere to the Web Content Accessibility Guidelines 2.1, Level AA, unless an exception applies. Entities must comply within two or three years, depending on its population size. DOJ also issued resources for entity compliance including a fact sheet and a guide for small entities.
SSA Publishes Final Rule Updating SSI Regulations to Remove Food from ISM
The U.S. Social Security Administration (SSA) published a final rule updating the Supplemental Security Income (SSI) regulations to remove food from In-Kind Support and Maintenance (ISM). Under the previous rules, SSA counted ISM as unearned income, which could impact a person’s SSI benefit eligibility or payments. With the new policy, receipt of informal food assistance will no longer be a factor for SSI eligibility. The rule will take effect on September 30, 2024.
DOT Issues NPRM to Improve the Safe & Dignified Access to Air Travel for Wheelchair & Scooter Users
The U.S. Department of Transportation issued a notice of proposed rulemaking (NPRM) to strengthen the Air Carrier Access Act of 1986 for air passengers who use wheelchairs and scooters. The NPRM, Ensuring Safe Accommodations for Air Travelers with Disabilities Using Wheelchairs, addresses additional protections for air travel passengers who use wheelchairs or scooters by clarifying existing requirements, including additional airline requirements, and expanding the rights of passengers with disabilities. The NPRM addressed topics such as safe and dignified access to air travel; prompt assistance; mishandled wheelchairs and scooters; repairs and replacements of mishandled mobility devices; and fare reimbursements. The comment period ended on June 12, 2024.
White House Hosts Celebration for the Olmstead 25th Anniversary
June 22, 2024, marked the 25th anniversary of the landmark case, Olmstead v. L.C., which found the unjustified segregation of people with disabilities is a form of unlawful discrimination under the Americans with Disabilities Act. To celebrate the anniversary, the White House Office of Public Engagement hosted disability rights advocates and government officials for panel discussions. A recording of the event is available online.
DOJ and HHS Issue Joint Letter to State Medicaid Administrators on Hepatitis C Medications
On January 24, 2024, the U.S. Department of Justice and U.S. Department of Health and Human Services issued a joint letter to State Medicaid administrators. The letter encourages administrators to ensure that their Medicaid programs allow people who have Hepatitis C and a substance use disorder (SUD) to access direct-acting antivirals. The letter reminds administrators that the Americans with Disabilities Act (ADA) requires state Medicaid programs to provide individuals with disabilities, including SUDs, equal opportunity to participate in and benefit from the programs. The letter encourages administrators to review their current and forthcoming policies and practices to ensure ADA compliance.
GSA Report Finds Federal Government Fails to Comply with Section 508
According to the General Services Administration (GSA), Office of Government-Wide Policy FY23 report, the federal government is still failing to meet accessibility requirements under Section 508 of the Rehabilitation Act. The GSA report found that more than seventy-five percent of the assessment’s respondents are at or below average with Section 508 compliance. The report included recommendations to increase compliance such as recommending Congress update Section 508 to include clear definitions; explore options to proactively enforce Section 508 compliance; increase agency oversight of Section 508; and improve accessibility requirements in procurement.
New Air Travel Rule Extends Refund Protections for Passengers with Disabilities
The U.S. Department of Transportation issued a final rule on air travel refunds and other consumer protections, requiring air carriers to issue refunds when the carrier makes a “significant change” to a passenger’s itinerary. Noting some changes negatively impact passengers with disabilities, the rule requires refunds for passengers with disabilities and other passengers on the same reservation that do not apply to passengers without disabilities. For example, the rule requires the carrier to issue refunds, when the passenger does not accept the significant change, if the new flight itinerary changes to connecting airport or aircraft that lacks an accessibility feature needed by the passenger with a disability. The requirements extend to passengers on the same reservation as they are also impacted by the change in aircraft or airport if the passenger with a disability chooses not to travel.
Investigation Finds Utah Segregates Individuals with Intellectual & Developmental Disabilities
The U.S. Department of Justice issued a letter of findings after an investigation into the state of Utah’s employment and day services for youth and adults with intellectual and developmental disabilities (I/DD). The Department found that Utah uses segregated settings, such as sheltered workshops and day facilities, which provide limited interaction with people without disabilities and little choice in how individuals spend their time. The investigation also found that the state’s transition services for young people with I/DD are poorly coordinated and do not provide needed services. The letter recommends specific remedies, such as connecting people with I/DD to integrated options, ensuring employment and day services are provided in integrated settings, reducing the wait time for services, and providing effective transition services.
DOJ Announces Initiative to Protect Nevada Voters with Disabilities
The U.S. Department of Justice announced that the U.S. Attorney’s Office for the District of Nevada will monitor polling places in an effort to ensure compliance with the Americans with Disabilities Act (ADA). In preparation for Nevada Primary Election Day on June 11, 2024, the office sent out written surveys to all of the state’s county election officials to confirm the counties’ polling places were all ADA-compliant. The office also conducted compliance inspections of several polling places on June 11, 2024.
HUD Awards Over $30 Million Under Fair Housing Initiative Programs
The U.S. Department of Housing and Urban Development (HUD) announced an award of over $30 million under its Fair Housing Initiatives Program that will grant funding to fair housing organizations working to address violations of the Fair Housing Act. HUD is awarding grants under four different initiatives: the Private Enforcement Initiative, Education and Outreach Initiative, Education and Outreach Initiative Test Coordinator Training, and Fair Housing Organizations Initiative. A state-by-state breakdown of the awardees is available online.
Legislative Branch Updates
Bill Introduced to Make American Democracy More Accessible to People with Disabilities
On February 7, 2024, U.S. Senators Bob Casey (D-PA) and Amy Klobuchar (D-MN) introduced a package of legislation to reduce barriers that prevent Americans with disabilities from participating in democracy. The Accessible Voting Act (S. 3748/H.R. 7389) establishes new programs for ensuring voting accessibility. The Removing Access Barriers to Running for Elected Office for People with Disabilities Act (S. 3747/H.R. 7351) clarifies that any campaign work performed and compensation received would be disregarded for eligibility determinations under any federal, or federally-funded, disability benefits. The Accessibility and Inclusion to Diversify Local Government Leadership Act (S. 3749/H.R. 7350) provides local governments with an ongoing accommodations fund to ensure current and future elected officials with disabilities have access to accommodations.
Bipartisan Bill Introduced to Secure Funding for Community-Based Providers
U.S. House Representatives Paul D. Tonko (D-NY-20) and Brian Fitzpatrick (R-PA-1) introduced the bipartisan Disability Community Act of 2023 (H.R. 7267). The bill would temporarily establish a higher federal match rate for Medicaid expenditures needed by individuals with developmental disabilities. This bill was introduced in response to the U.S. Department of Labor’s proposed rule to increase the minimum salary threshold for certain workers under the Fair Labor Standards Act. The final rule increases the salary threshold required to exempt a salaried employee from overtime payment requirements. The legislation also proposes a Federal Medical Assistance Percentage increase for states to help providers who rely on Medicaid funding to comply with the rule.
House Passes Bill to Ban QALYs
On February 7, 2024, the U.S. House of Representatives passed the Protecting Care for All Patients Act (H.R. 485) that prohibits federal health programs from using Quality-Adjusted Life Years (QALYs) and similar measures. QALYs are used to quantify the effectiveness, compare the health benefit, and evaluate the cost of treatments. QALYs often discriminate against people with disabilities by devaluing treatment. The bill prevents coverage and payment determinations that treat extending the life of an elderly, disabled, or terminally ill person as being lower in value than the life of someone who does not share these characteristics
Bipartisan Bill Introduced Allowing At-Home Occupational Therapy Under Medicare
On January 30, 2024, the bipartisan Medicare Home Health Accessibility Act (H.R. 7148) was introduced by U.S. House Representatives Lloyd Smucker (R-PA-11), Dr. John Joyce (R-PA-13), Paul Tonko (D-NY-20), and Lloyd Doggett (D-TX-37). The bill would make occupational therapy (OT) eligible for coverage under home health services. Currently, under current Medicare policy, OT services cannot be provided in a beneficiary’s home unless nursing or other therapy services are also ordered.
Bill Seeks to Give Hiring Preference to Veterans and People with Disabilities
U.S. House Representative Mike Garcia (R-CA-27) introduced the Hiring Preference for Veterans and Americans with Disabilities Act (H.R. 4486), which allows a state or local jurisdiction to give hiring preference to veterans, individuals with disabilities, and nonresident military spouses or dependents when hiring election workers.
Passed House Bill Directs FEMA to Identify Improvements
U.S. House Representatives Marcus Molinaro (R-NY-19) and Dina Titus (D-NV-1) introduced the bipartisan Think Differently About Emergencies Act (H.R. 6249). The bill directs the Federal Emergency Management Agency (FEMA) and the U.S. Government Accountability Office (GAO) to review disaster assistance and resources provided by FEMA for individuals with disabilities and their families. The bill requires FEMA and GAO to identify needed improvements to the emergency landscape to ensure that no one gets left behind in the wake of a major disaster. Both agencies would also need to make recommendations to Congress on how to improve the quality and administration of disaster assistance.
House Passes Bipartisan Bill To Increase Employment for Individuals With Disabilities
On June 11, 2024, the U.S. House of Representatives passed the ThinkDIFFERENTLY [sic] About Disability Employment Act (H.R. 7989). The act requires the Small Business Administration (SBA) to collaborate with the National Council on Disability (NCD) to provide assistance to individuals with disabilities seeking entrepreneurship, self-employment, or jobs with small businesses. It would also require the SBA and NCD to assist small businesses with hiring individuals with disabilities.
Legislation Package Expands Housing Accessibility and Improves SSA Claims Processing
On June 6, 2024, U.S. House Representatives introduced a legislative package that improves accessibility in housing and effective processing of social security claims. The Universal Design Tax Incentive Act (H.R. 8547) would establish a tax credit for the U.S. Department of Housing and Urban Development to certify residential and commercial buildings that are constructed or renovated in compliance with the Universal Design Standards. The bill seeks to incentivize developers and homeowners to make more houses and buildings accessible. The package also includes the Social Security Claims Processing Improvement Act (H.R. 8546). The bill would require U.S. Social Security Administration (SSA) to establish an annual training program for claim processors on updated quality assurances standards, disability etiquette and prevention of overpayments. SSA would also be required to implement other changes, such as modernizing methods of information submission, to increase the efficiency of claims processing.
Cases & Settlements
SCOTUS Decisions Set New Precedent for Challenging Agency Actions
In the U.S. Supreme Court case that upset 40 years of established precedent, Loper Bright Enterprises v. Raimondo, the Court overruled Chevron v. Natural Resources Defense Council and held that courts are not required to defer to an agency interpretation of the law simply because a statute is ambiguous. Chevron deference, as applied to the Administrative Procedure Act (APA), held that when a statute was silent or ambiguous with respect to a specific issue, the question for the court was whether the agency’s action was based on a permissible construction of the statute. Per the Court’s ruling in Loper, the APA will instead require courts to exercise independent judgment when deciding whether an agency has acted within its statutory authority. In addition, in Corner Post, Inc. v. Board of Governors of the Federal Reserve System, the Court determined that the six-year statute of limitations for a plaintiff to challenge an agency action under the APA does not begin to run until the plaintiff was injured by the final agency action.
Marriott Agrees to Improve Reservations for Accessible Rooms
Marriott International, Inc. reached a settlement agreement with the U.S. Attorney’s Office for the District of Colorado to improve reservations for mobility-accessible rooms. An investigation found Marriott’s reservation systems did not list mobility-accessible rooms on its website; its internal system did not guarantee reservations for mobility-accessible rooms; the hotels did not have the minimum number of accessible rooms required by the Americans with Disabilities Act; and Marriott failed to provide adequate information on the accessibility of the hotels. Under the agreement, Marriot must inventory the number of mobility-accessible rooms at its hotels; offer reservations for mobility-accessible rooms on its website; improve the availability of accessibility information of the rooms and hotels; adopt policies for the reservation of mobility-accessible rooms on third-party websites; and create a complaint tracking system for reservations of mobility-accessible rooms.
DOJ Sues Utah Department of Corrections for Disability Discrimination Against a Transgender Woman
On March 12, 2024, the U.S. Department of Justice issued a letter of findings based on its investigation of the state of Utah Department of Corrections (UDOC) under Title II of the Americans with Disabilities Act (ADA). The investigation determined UDOC discriminated against an incarcerated transgender woman on the basis of her disability, gender dysphoria, by failing to provide equal access to health care services and reasonable modifications. The letter of findings clarified that gender dysphoria is a disability under the ADA and outlined remedial measures. On April 2, 2024, DOJ filed a lawsuit against UDOC based on its findings.
NY District Judge Determines Retailers Are Not Required to Have Digital Labels
A U.S. District judge of the Eastern District of New York ruled that The Gap, Inc., a clothing retailer, is not required to have digital labels on their product tags that can be scanned with text-to-voice software. In Bunting v. The Gap, Inc., the plaintiff, who is legally blind, sued Gap for failing to provide digital labels in violation of Title II of the Americans with Disabilities Act (ADA) and New York state law. The plaintiff alleged the lack of digital labels discriminates against visually impaired customers as they must request assistance from store employees. The judge found that the ADA does not require retailers to sell merchandise with digital labels. The judge determined that the requirements for the types of auxiliary aids and services is flexible and that an employee who reads labels aloud to visually impaired customers is a permissible auxiliary aid.
DOJ Settlement Agreements Ensure Accessibility of Texas Election Websites
In November 2023, the U.S. Department of Justice (DOJ) published its findings that four Texas counties violated Title II of the Americans with Disabilities Act by maintaining election websites that discriminate against individuals with vision or manual disabilities. The Department issued public letters to the counties detailing its findings and urged the counties to resolve the identified civil rights violations. On June 17, 2024, DOJ announced they reached settlement agreements with Colorado County, Runnels County, Smith County and Upton County. Under the settlement agreements, the counties agreed to not exclude individuals with disabilities from participation in, or deny the benefits of, the websites and make reasonable modifications when necessary. The counties also agreed to hire independent web accessibility service providers to conduct accessibility testing and train their employees.
Court Grants McDonald’s Motion for Summary Judgment in Service Animal Case
A federal court in Puerto Rico granted McDonald’s franchise’s motion for summary judgement in a lawsuit alleging McDonald’s denied entry for a patron’s service animal. The plaintiff filed a complaint in 2021 after a restaurant employee stated that only guide dogs were allowed inside the establishment. After the plaintiff explained what constitutes a service animal to employees, they allowed her and her service animal to enter the restaurant. The court dismissed the case since McDonald’s staff ultimately provided the reasonable accommodation and allowed her service animal entry despite the initial refusal.
DOJ Files Statement of Interest in Case Alleging Illegal Segregation in Psychiatric Facilities
The U.S. Department of Justice (DOJ) filed a statement of interest in the case T.G., et al. v. Maryland Dep’t of Human Services, et al., to explain its views on the legal standard to determine unnecessary segregation under Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act. The complaint alleged ADA violations when children are, or will be, placed in psychiatric facilities or held in facilities longer than necessary. In the statement of interest, DOJ explains that a claim alleging a violation of the ADA’s integration mandate does not require a showing of discriminatory intent, disparate treatment, or disparate impact; and a treatment professional’s approval for discharge establishes that the plaintiff has the right to live in a more integrated setting.
NHelp and CCLP File Complaint Alleging Discrimination by Colorado Medicaid Agency
In February 2024, the Colorado Center on Law and Poverty (CCLP) and National Health Law Program (NHelp) filed a complaint alleging that Colorado’s Medicaid agency, the Department of Health Care Policy and Financing (HCPF), is administering the Medicaid program in ways that subject people with disabilities to discrimination. The complaint also alleges that persistent issues with the ongoing transition to a new case management structure and the information technology system cause enrollees to lose eligibility and experience gaps in care and services. The CCLP and NHelp call for immediate federal action to pause HCPF’s case management update and stop all Medicaid terminations for people with disabilities until the problems are resolved.
DHHBA Settles with California Lawyers Association for Captioning
After the Deaf and Hard of Hearing Bar Association (DHHBA) sent a letter to the California Lawyers Association (CLA), addressing accessibility shortfalls in CLA’s programs and events, the DHHBA and CLA reached an agreement. CLA agreed to make their educational programs and events more accessible by providing captioning for future, existing, and archived events and programs. Additionally, CLA will takes steps to ensure that all captioned events are identified as being captioned.
Credit Union Agrees to Provide Interpreter Services
The U.S. Department of Justice entered into a settlement agreement with Citizens Equity First Credit Union (CEFCU) to resolve alleged violations under the Americans with Disabilities Act (ADA). DOJ opened an investigation after receiving a complaint alleging CEFCU refused to provide an interpreter for an individual with a hearing disability, and refused to proceed with calls when an interpreter was present. The agreement requires CEFCU to adopt an ADA policy, train its staff, and provide appropriate services.
Court Decision Highlights Need for Individualized Inquiry to Assess Qualifications & Reasonable Accommodations in Employment
In Hine v. Prince George’s County, Maryland et al., Charles Hine, a deaf individual, filed a lawsuit against a Maryland county alleging disability discrimination after being denied the opportunity to serve as a volunteer firefighter despite previous experience. The complaint alleges the county denied him solely on the basis of his disability, in violation of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and related state and county laws. One of the county’s arguments was that Mr. Hine’s inability to meet its hearing standard meant that no reasonable accommodation existed to allow him to perform the functions of a volunteer firefighter. The judge denied this argument, and found that an individualized inquiry was not conducted.
DOJ Files Statement of Interest in Emergency Services Discrimination Case
Bread for the City v. District of Columbia alleges that the District of Columbia (D.C.) relies on police officers as its default first responders for mental health emergencies – an approach to emergency response services that discriminates against people with mental health disabilities in violation of Title II of the Americans with Disabilities Act. The complaint alleges that when D.C. residents experiencing mental health emergencies call 911, D.C. routinely sends armed police officers who are not trained to handle mental health emergencies. Plaintiffs are requesting declaratory and injunctive relief. The statement of interest filed by the U.S. Department of Justice states that D.C.’s emergency response system discriminates against people with disabilities and exposes them to serious harm. The case is ongoing.
EEOC Settles Hiring Discrimination Lawsuit with Staffing Agency
On April 8, 2024, a U.S. district judge approved a consent decree settling a lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC) against BaronHR. The lawsuit alleged that the staffing agency screened out individuals with disabilities, violating Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA). In the complaint, the EEOC claimed that BaronHR used an unlawful qualification standard by exclusively hiring and referring workers that were deemed physically fit, with no history of injury. Under the settlement, BaronHR must retain an equal employment opportunity monitor, ensure all staff are trained on their rights and responsibilities under the ADA, review and modify their recruitment plan, and prepare reports to the EEOC on their progress and compliance.
LAFLA and DREDF File Lawsuit Against Property Management Company for Alleged Disability Discrimination
On January 22, 2024, the Legal Aid Foundation of Los Angeles and the Disability Rights Education and Defense Fund filed a complaint against Beach Front Property Management, Inc., alleging the property management company violated the Fair Housing Amendments Act of 1988 and state antidiscrimination laws by engaging in discrimination against a resident based on her disability. The complaint further claims that Beach Front had knowledge of their duties and were provided actual notice of them.
Favorable Verdict Rendered for Deaf Job Candidate
On February 8, 2024, a jury returned a verdict finding that a grocery distribution company, McLane Northeast, violated the Americans with Disabilities Act by discriminating against a Deaf applicant. The applicant was represented by the U.S. Equal Employment Opportunity Commission. The complaint alleged that McLane Northeast refused to interview or hire the Deaf applicant once it learned of the candidate’s disability. The jury awarded the applicant backpay and emotional distress and punitive damages.
Iowa Agrees to Increase Access to Home-Based Services
The U.S. Department of Health and Human Services (HHS) announced an agreement with the Iowa Department of Health and Human Services (Iowa HHS). The complainant alleged Iowa HHS discriminated on the basis of disability by failing to provide 24-hours home-based services, which increased the risk of institutionalization. HHS reached an agreement with Iowa HHS through its Expedited Complaint Resolution process. Under the agreement Iowa HHS will raise provider reimbursement rates, expand its provider base, and secure providers for overnight and nursing services.
Class Action Lawsuit Alleges City’s Failure to Provide Transportation Violates the Rights of Students with Disabilities
A class action lawsuit was filed against the District of Columbia (D.C.) on behalf of parents and guardians of children with disabilities alleging the city failed to provide safe, reliable, and appropriate transportation to and from school. The case, Robertson v. District of Columbia, alleges that such failure denies students equal opportunity to participate in and benefit from their education, and results in illegal segregation. The lawsuit claims D.C. is violating the Individuals with Disabilities in Education Act, the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and the District of Columbia Human Rights Act. The case is ongoing.
DOJ Settles with Tennessee After Finding Law Discriminates Against Individuals with HIV
The U.S. Department of Justice (DOJ) announced it reached a settlement agreement with the Shelby County, Tennessee District Attorney General’s Office to stop criminal prosecution under a state law that discriminates against people with human immunodeficiency virus (HIV). In February 2024, DOJ filed a complaint against the State of Tennessee and the Tennessee Bureau of Investigation. The complaint alleged that the state violated Title II of the American with Disabilities Act by enforcing a prostitution statute that subjected people with HIV to harsher criminal penalties. Under the agreement, the state will not prosecute people with HIV under the law, train prosecuting attorneys on anti-discrimination requirements, and adopt policies to avoid discrimination. In addition, Tennessee must notify eligible candidates of their ability to petition to have their convictions vacated, sentences terminated, and fees eliminated.
Learn More
Mid-Atlantic ADA Center to Host a Hospitality & Tourism Conference
The Mid-Atlantic ADA Center will be hosting the 2024 ADAcon: Inclusive Hospitality & Tourism. The conference will take place on October 15-17, 2024 in Wilmington, Delaware. Registration is online.
DOJ Issues Updated ADA and Federal Voting Laws Guides
The U.S. Department of Justice (DOJ) announced an updated Voting and Elections webpage. The webpage provides voting and election information for voters as well as state and local elections officials. The update includes two new informational guides on voting rights along with five modernized guides. One of the modernized guides, The Americans with Disabilities Act and Other Federal Laws Protecting the Rights of Voters with Disabilities, explains the right to voter assistance under the Americans with Disabilities Act (ADA). It also clarifies that state laws that burden the rights of voters with disabilities to voter assistance when casting absentee ballots are illegal. The guide also clarifies that the ADA prohibits states from excluding individuals with intellectual or mental health disabilities from voting or registering to vote on the basis of their disability or guardianship status.
Dept. of Ed Releases New Resources for Asthma, Diabetes, Food Allergies & GERD
The U.S. Department of Education, Office of Civil Rights (OCR) released new resources on asthma, diabetes, food allergies, and gastroesophageal reflux disease. OCR issued the resources to inform students with disabilities, their families, and the schools of student and parental rights under Section 504 of the Rehabilitation Act. The new materials clarify that students with these conditions are protected under Section 504 if the condition substantially limits one or more major life activities, and lists types of modifications the school can provide for meaningful access to educational opportunities.
Title III Website Accessibility Lawsuits Numbers Drop 14% From 2022
A case tracking system found that website accessibility lawsuits filed under Title III of the Americans with Disabilities Act (ADA) dropped from 48 percent in 2022 to 34 percent in 2023. The website notes that approximately 77 percent of the cases were filed in New York state.
DOJ Releases Information on Actions to Ensure Fairness and Safety in Elections
The U.S. Department of Justice (DOJ) issued a press release providing information on its efforts to ensure that all qualified voters have the opportunity to vote free of discrimination. The press release includes information on DOJ’s Civil Rights Division, the division’s two subdivisions, the Voting Section, and Disability Rights Section. It also includes details on the division’s respective roles in enforcing provisions of federal statutes that protect the right to vote and the Americans with Disabilities Act.
U.S. Access Board Releases Three New Explanatory Videos About the Agency
The U.S. Access Board released three new videos on its YouTube channel to explain the work of the agency and the resources that it offers. The videos provide an overview of the Access Board, explain how to file an Architectural Barriers Act complaint, and include a list of Access Board resources.
NADTC Publishes Technical Assistance Brief on Transportation Resources for Older Adults and People with Disabilities
The National Aging and Disability Transportation Center published a technical assistance brief for transportation programs that offer rides for employment to older adults and people with disabilities. The brief includes examples of programs and best practices, and shares creative ways communities have addressed transportation needs for seniors and people with disabilities.
Resources on Tax Incentives
The Great Plains ADA Center’s website now offers resources on accessibility tax incentives. Tax incentives are available for small businesses that remove physical accessibility barriers and provide employment opportunities for people with disabilities.
Yale Law Journal Publishes Feature on Disability and Federalism Revolution
The Yale Law Journal published a special feature article, “Disability and the Ongoing Federalism Revolution,” written by Seaman Family University Professor Karen Tani at University of Pennsylvania Law School and Rutgers Law School Professor Katie Eyer. It discusses the foundational role and importance of disability cases in the Supreme Court’s “new federalism” revolution, and their ongoing significance.
ADA National Network Launches Employment Resources Hub
The ADA National Network has launched its Employment Resource Hub. The Hub serves as a resource to answer common inquiries, and provide guidance on topics related to employment and the Americans with Disabilities Act.
DREDF and NHelp Release Brief on Benefits of Demographic Disability Data
The Disability Rights Education and Defense Fund and the National Health Law Program published a brief on the importance of disability demographic data. The brief discusses how improving the manner data is captured is fundamental to public health goals and fully including people with disabilities in resource allocation. The brief introduces a working definition of demographic disability data, and includes recommendations for state and national entities that work on health care equity and quality measures to local public health authorities
Additional Newsletters
Subscribe to other disability rights and advocates’ newsletters for more information on the issues impacting individuals with disabilities and efforts to promote civil rights.
ADA News from the Mid-Atlantic ADA Center
Disability Scoop
Disability Rights Education & Defense Fund
Bazelon Center for Mental Health Law
Disability Inclusive Employment Policy Rehabilitation Research and Training Center
Disability Rights Advocates
Disability Rights International
Seyfarth Shaw’s ADA Title III News & Insights Blog
ADA Southeast Newsletter: ADA and Access Matters
The Disability Docket