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Rocky Mountain Access June 2017

The Rocky Mountain Access is a free monthly online newsletter with current accessibility information for the Rocky Mountain region that includes Wyoming, Utah, Montana, North Dakota, South Dakota, and Colorado. Subscription also includes timely updates throughout the month.

Make plans to attend the 2018 National ADA Symposium! June 17 - 20, 2018 Pittsburgh, PA Wyndham Grand Hotel

Rocky Mountain ADA Center Partners with Make A Hero Film Productions

The Rocky Mountain ADA Center, a member of the ADA National Network is pleased to announce a partnership with Make a Hero, a leading nonprofit organization dedicated to creating inspirational sports films featuring people with disabilities. This first of its kind relationship provides the Rocky Mountain ADA Center and the ADA National Network with unprecedented access to a vast audience of Americans. By working in partnership with Make a Hero, the ADA will be able to further empower this audience with information on the laws protecting the rights of the country’s largest minority group – the 60 million Americans living with disabilities. Make a Hero films are produced by Kurt Miller, son of famed filmmaker Warren Miller. "The Movement," narrated by Robert Redford and Warren Miller, tells the story of five individuals with disabilities who have faced various obstacles, yet developed an incredible will to overcome their obstacles through adaptive sports.

New and Improved: ADA Title II Action Guide

Title II of the ADA describes the obligations state and local governments have to provide people with disabilities equal opportunities to participate in all services, programs, and activities. The new Title II Action Guide, provided by the Northeast ADA Center, explains what compliance with the ADA means for public entities.

EEOC Pro Bono ADR Program

The Phoenix District Office of the EEOC is seeking mediators to be a part of our Pro Bono ADR Program. The Phoenix District covers the states of Arizona, Colorado, New Mexico, Utah, and Wyoming. If you are a mediator, familiar with employment discrimination laws, and willing to conduct pro bono mediations, please contact Cherrie Martin, State and Local Program Manager.

Workplace Initiative: Employer's Guide to Disability Inclusion

The Workplace Initiative helps companies recruit, hire, and retain the largest untapped labor pool in the country – people with disabilities. This site offers all the tools and resources your organization needs to embark on its inclusion journey. We’ll arm you with facts and case studies to show how disability inclusion drives business value. And our do-it-yourself guide will take you from “how” to “hired” in seven clear steps.

New Accessible IT Guide for American Job Centers

This guide helps American Job Centers ensure that their websites, online systems courses, and applications are accessible to and usable by individuals with disabilities, as required by the 2014 Workforce Innovation and Opportunity Act (WIOA).

Deaf People and Educational Attainment in the United States: 2017

From the National Deaf Center on Postsecondary Outcomes Continuing education and training after high school is becoming increasingly important for successful independent living and employment in the United States. Recognizing the great need for skilled employees who can meet the competitive demands of the modern workforce, current legislation and public policy are designed to facilitate conditions that support continuing education and training for all individuals. Legislation has also increased the accessibility of postsecondary education and training programs for deaf individuals, who are now enrolled in a wide variety of educational programs across the United States. Current data on educational attainment for deaf people suggest areas of optimism, but also areas of concern. This report provides a comprehensive overview of the most current data on educational attainment trends and trajectories for deaf individuals in the United States, serving as a resource for community members, educators, researchers, and policymakers.

Preparing for Postsecondary Education

Postsecondary education is an exciting opportunity for all youth, including those with disabilities. Going to college today can mean attending a 4-year college or university, a 2-year community college, or a technical institute or trade school. It can mean studying full-time or part-time, or living at school or commuting from home. Although postsecondary students with disabilities are entitled to certain protections, the process for accessing accommodations is much different than in high school. Youth must take a more active role in knowing their rights and advocating for needed supports. The Pacer's National Parent Center on Transition and Employment has a number of publications on preparing for the next stop of your child's education.

You Need to Know!

The latest JAN ENews is now available. ENews topics include: 1. Taking a Service Animal to a Job Interview: Public Access or Reasonable Accommodation? 2. June is Alzheimer’s Awareness Month 3. Leave of Absence for Cosmetic or Elective Surgeries: When is it Considered an Accommodation Request? 4. Return to Work After Hospitalization for Mental Health Treatment 5. Overtime Restrictions and the ADA

2017 Wyoming Lions Summer School for the Visually Impaired

You are cordially invited to attend the 2017 Wyoming Lions Summer School for the Visually Impaired, Sunday, July 16th, through Friday, July 21st, on Casper Mountain. This Camp experience is hosted by the Wyoming Lions Foundation and the Montgomery Trust Foundation and is open to visually impaired individuals age 9-18. There is no charge to attend. To be a part of this exciting week, please email [email protected] for more information.

New From the Department of Justice Dolgencorp, Settlement Agreement Fill Building Associates, Settlement Agreement City of Chesapeake, Settlement Agreement

Judge: Gender Dysphoria Case Can Move Forward

Reuters ~ A U.S. judge in Pennsylvania has ruled that a transgender woman could move forward with a sex discrimination lawsuit against her employer under the Americans with Disabilities Act, even though the ADA explicitly excludes transgender people from protection.

Company Will Pay $106,000 For Disability Discrimination

Improper Use of Pre-Employment Medical Exam Screened Out Qualified Employee, Federal Agency Charged A Claremore, Okla.-based manufacturer of sucker rods and accessories for the oil and gas industry will pay $106,000 and furnish other relief to settle a disability discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency has announced. According to the EEOC's lawsuit, Lydia Summers began working as a temporary receptionist and assisting in the accounting department. After five months, UPCO made Summers a conditional offer of full-time, permanent employment, conditioned on Summers passing a pre-employment medical exam conducted by a third-party vendor. Following the exam, the vendor's physician, who never examined or questioned Summers, refused to approve her for employment with UPCO because of the supposed side effects of her prescription medications. Even after Summers provided UPCO with a letter from her personal physician stating that she was not impaired by her medications, UPCO rescinded its job offer, the EEOC alleged.

Pregnancy and Disability Lawsuit Settlement

Carolina Creek Christian Camp, Inc., a Huntsville, Texas-area business offering summer camping and retreats, will pay $70,000 and furnish other relief to settle a pregnancy and disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC). In its lawsuit, the EEOC charged that Carolina Creek violated federal anti-discrimination laws when it demoted Korrie L. Reed after learning she had a pregnancy-related complication. According to the EEOC, soon after starting her position as camp registrar, Reed learned she was pregnant, and, shortly thereafter, developed gestational diabetes. Reed never requested a job reassignment, nor did she indicate she was unable to perform her job duties. Nevertheless, Carolina Creek's executive director demoted Reed, claiming that the registrar job was too demanding for Reed because of her pregnancy and related medical condition. After Reed told the executive director that she believed her demotion was illegal, Carolina Creek fired her and then sued her in two different lawsuits.

EEOC Charges National Retailer with Disability Discrimination

The national retailer Big Lots Stores, Inc. violated federal law by condoning disability harassment and punishing an employee without disabilities for her association with a co-worker with disabilities, the U.S. Equal Employment Opportunity Commission (EEOC) has charged in a lawsuit. In its lawsuit, the EEOC charges that a retail employee with hearing and speech disabilities was subjected to harassment by her co-workers at Big Lots' Elkins, W.V., store. Co-workers often mocked the employee's hearing disability and manner of speech, and frequently used derogatory and highly offensive terms in reference to her and her disabilities. The EEOC asserts that numerous Big Lots officials were aware of the long-standing pattern of disability harassment taking place at their store but failed to take appropriate action to end the harassment and prevent it from recurring. Additionally, the EEOC charges that Big Lots refused to select the employee with disabilities for several vacant jobs that she sought at the store because of her disabilities and in retaliation for her reporting of the harassment to company officials and to the EEOC.

Wanted: Experienced Travelers Who Are Blind

For Indoor Wayfinding Survey Participants get a chance to win a non-subscription version license for Seeing Eye GPS XT! And, at the same time, help develop an indoor wayfinding app. Earlier this year, Sendero Group was awarded a federal grant from the National Institute on Disability, Independent Living and Rehabilitation Research to develop an iOS-based app for wayfinding inside large environments, such as airports, malls, sports arenas, hotels, and the like. Sendero is asking you to help with that project by completing a 28-item survey questionnaire. The ideas and the preferences you share will contribute to the design of a user friendly and effective indoor wayfinding application. If you complete the survey questionnaire, you will be entered in the Sendero drawing to win a free license for the Seeing Eye GPS XT! Important facts about the study: . The questionnaire will be completed independently online. . Survey Monkey, a screen reader friendly program, will be used. . You can access the questionnaire with your own secure computer. . You can fill out the questionnaire in a quiet and private location of your choice. . You should plan on 15-30 minutes to complete the questionnaire. . Participation in the study does not require knowledge of iOS devices. To access the survey go to: https://www.surveymonkey.com/r/IndoorNav

Parents of Children with Autism

You are invited to participate in a new survey to understand the connections between autism, stress, and health. Data collected from this survey will be used for an NSF-funded dissertation project at the University of Colorado that will be published in the scientific literature. This project has been reviewed by the Colorado Multiple Institutional Review Board (CoMIRB) and deemed “exempt,” protocol number 16-0674. The first 400 participants to complete this survey will receive a $20 Amazon.com gift card. All participants will also be entered into a lottery to win one of three $200 Amazon.com gift cards. The survey should take approximately half an hour to complete. All responses will remain confidential and no identifying information will be used in published reports. Please consider participating if you meet the following criteria: 1) You are the parent or legal guardian of a child diagnosed with autism. 2) Your child with autism is between the ages of 6 and 17. To participate in this survey, click on this link. If you have any questions, please contact Bethany Rigles.

Survey: Assistive Technology for Children

LD OnLine is partnering with the Center on Technology and Disability to develop and share new resources about assistive technology and instructional technology (AT/IT) that supports reading and writing development. We’d like to hear from you — about why you are looking for AT/IT, where you look for information, what works in your classroom or at home, and more. Your answers will guide us in developing the resources that are most useful to you as a parent, classroom or special education teacher, service provider, or AT/IT specialist. The survey takes about 10 minutes to complete. For taking the time to help us, you can enter a drawing to win a $50 gift certificate from Amazon.

The Human Trisome Project

ARE YOU INTERESTED IN PARTICIPATING IN DOWN SYNDROME RESEARCH? The largest and most comprehensive study of its kind, The Human Trisome Project will help us understand why individuals with Down syndrome (trisomy 21) are protected from some medical conditions, such as cancer, while highly predisposed to others, such as Alzheimer's disease. This research will serve first and foremost the population with Down syndrome, but also the millions of individuals without Down syndrome who are affected by the many medical conditions modulated by trisomy 21. We are currently enrolling anyone 6 months to 89 years old who: 1) has Down syndrome (any type) 2) has a family member with Down syndrome 3) is a healthy individual without Down syndrome. Click here to view The Human Trisome Project Biobank flyer for more information. Interested? Contact us at 303-724-7366 and [email protected].

Looking for Research Participants Who Have Lived in Nursing Homes

The University of Illinois at Chicago is conducting a study with people with disabilities to identify and address participation disparities among people with disabilities. Currently, we are collaborating with six Americans with Disabilities Act (ADA) Centers across the nation to learn about participation disparities experienced by people with disabilities who moved out of nursing homes. We are looking for people with disabilities to help us with the study. Participants will be asked to be part of one 90-minute interview to talk about their experience with living in the community after transitioning out of institutions. If you are interested in participating in the study, please contact the Rocky Mountain ADA Center at 719444-0268. Please mention that you are interested in the “Olmstead Study.” In order to participate, you must meet the following criteria: • Have a disability as defined by the ADA • Have lived in an institution (e.g., public nursing home, institution for mental disease, intermediate care facility, or large group home) • Age 18-65 currently or at the time of moving out of an institution • Currently close to moving out of an institution OR have transitioned out of an institution within past the 5 years All participants will receive a $25 gift card for completing the interview. Principal Investigator: Joy Hammel, PhD, OTR/L

Transportation Access and Experiences Survey

You are invited to participate in a national survey titled Transportation Access and Experiences, which is designed to improve understanding of accessibility of public transportation for people with disabilities. This survey is being conducted by the ADA Participation Action Research Consortium (ADA-PARC), a collaborative research project of ADA Regional Centers (PIs: Lex Frieden and Joy Hammel). This project focuses on community living, community participation & work/economic participation disparities of people with disabilities. We would like to improve our understanding on transportation access of people with disabilities and use this information to make improvements at regional and national levels. We are very interested in receiving as many responses as possible from people with disabilities based on their personal experiences with public transportation. The results will serve as crucial evidence to support improvements to accessible transportation. Please use the link below to access and complete the survey. The online survey can be completed in English or Spanish. This is the second round of data collection for this survey, so if you have already completed it, please do not complete the survey again. If you would like to complete the survey by phone in English, please contact the research team at 312-9969655. If you would like to complete the survey by phone in Spanish, please contact Ancel Montenelli at 312-4131439. Please mention that you are calling about the ADA transportation survey. If you have any questions or comments regarding this survey, please contact Jill Bezyak from the Rocky Mountain ADA Center at [email protected]. https://unco.co1.qualtrics.com/SE/?SID=SV_00wcGeTOzGL2lQ9 Jill Bezyak, PhD, CRC, Licensed Psychologist Associate Professor Rehabilitation Counseling and Sciences University of Northern Colorado

The ADA Coordinator Training Certification Program (ACTCP)

A unique program designed to meet the training and professional needs of ADA Coordinators. ACTCP certification verifies that participants have completed training in required content areas and have a depth of knowledge in ADA issues. Upon completion of the program, ACTCP certifies a knowledge-base essential to performing the role of an ADA Coordinator, including: Establishing and overseeing grievance procedures. Conducting self-evaluation plans. Implementation of transition plans. Monitoring on-going progress. Communicating policy. Coordinating activities among a number of departments. Identifying and utilizing appropriate resources. Knowledge of ADA regulations and guidelines. Effective use of resources. The ADA Coordinator Training Certification Program is offered through the University of Missouri - College of Human and Environmental Sciences, School of Architectural Studies and the Great Plains ADA Center.

New Training on Service Animals and the ADA!

Service Animals and the ADA is a new interactive presentation by the Rocky Mountain ADA Center’s own Maggie Sims. During the presentation, Maggie will guide participants to understand who has rights and who has responsibilities under the Americans with Disabilities Act. The course is a stand-alone session with no testing or handouts, and can be taken in aproximately 45 minutes. Also, participants can conveniently exit the course any time and come back later if needed. As with all of the Rocky Mountain's online courses, upon completion, participants earn a badge - a fun way to show that they have taken and completed a course! On the ADA Center's website (www.RockymountainADA.org), click on the Training link at the top of the page. Scroll down to the "Free Online Classes" link, where you will need to either log in or set up a new account to begin.

Online Courses

More than 59 million Americans have some kind of disability, yet many people are unaware of proper etiquette when it comes to interacting with the disabled community, which happens to be the largest minority group in the country. The Rocky Mountain ADA Center offers free online courses on a variety of subjects.

Cortical Visual Impairment: Identification, Assessment and Interventions

Registration is Now Open! Get your seats early as they will fill up fast! The WDE and Deaf-Blind Project will host a five day Summer Institute June 12-16 2017 at the Ramkota Hotel and Conference Center, Casper WY. For more information, please contact Joanne Whitson or at 307-324-5333.

Accessible Tourism: Good Economic Strategy

Tuesday, June 13, 2017 10:30 - 12:00 PM MDT Join us for this 30 minute session when Regina Mayolo, Technical Assistance Specialist of the West Virginia Assistive Technology System, will discuss marketing accessible tourism and recreation to potential visitors of all abilities. Sixty percent of individuals with disabilities are over the age of 65, and these are not just your great grandparents. These are Baby Boomers - the same population that in the next five years will control 70% of the disposable wealth in this county. It is to everyone's economic advantage to capture this audience and to increase awareness of your location as a destination friendly to individuals with disabilities and those who may have changing mobility or sensory needs.

What is Universal Design?

Tuesday, June 27, 2017 10:30 - 12:00 PM MDT The broad definition of Universal Design (UD) is the idea of producing buildings, products, communication and environments that are supportive of all people. In this 30 minute session, John Salmen, President of Universal Designers & Consultants, Inc. will discuss the evolution of the concept of UD, methods of accommodation using UD in architecture and in other elements, accessible design vs. universal design, and UD for aging in place.

JAN's Monthly Webcast Series

Sessions begin at 12:00 pm Mountain and end at 1:00. June 13, 2017. Testing and Training Accommodations Description: Individuals with disabilities may have different types of limitations that may affect the ability to take tests or access training materials. Under the ADA, an employer must consider altering how those tasks are completed. Join us as we explore testing and training accommodation ideas for various disabilities. Speakers: Teresa Goddard, M.S., JAN Lead Consultant, Sensory Team, and Lisa Mathess, M.S., Senior Consultant, Motor/Sensory Team.

Accessible Courthouses (A refresher)

Thursday, July 6, 2017 12:30 PM Mountain Time Zone This session will provide a refresher on requirements in the ADA and ABA Accessibility Standards for courthouses and courtrooms. Presenters will review provisions in the standards for secured entrances, judges' benches, jury boxes, witness stands, clerk and bailiff stations, spectator seating, holding cells, and other courthouse spaces and elements.

ADA Update (Rescheduled from July 11, 2017)

July 18, 2017 Description: Join the Equal Employment Opportunity Commission (EEOC) and JAN as representatives provided participants with the latest developments in the application of the Americans with Disabilities Act (ADA) in the workplace, some practical tips for compliance, and answers to tough ADA questions. Speakers: Linda Carter Batiste, J.D., JAN Principal Consultant, and EEOC Representative.

Revised Section 508 Chapter 4 Hardware (including Mobile)

Tuesday, July 25, 2017 11:00 PM Mountain Time Zone The revised Section 508 Standards and Section 255 Guidelines address many changes to technology that have occurred since 2000. Among the most significant changes are the widespread use of mobile technology and the increasing use of mobile devices to perform a variety of ICT functions. Join us for this session where the presenters will focus on Chapter 4 Hardware. The presenters will discuss Closed Functionality, the new requirements for speech-output for ICT with display screens, privacy, operable parts, ICT with two-way voice communication, closed caption and audio description processing technologies and user controls and others. The presenters will also discuss sources for technical assistance and provide examples of how the hardware provisions may be implemented.

ADA Legal Series Webinar

Readily Achievable Barrier Removal Issues Focusing On Small To Mid-Sized Businesses Wednesday, July 26, 2017 12:00-1:30 p.m. Mountain

Removing barriers in existing facilities is an ongoing responsibility for many business owners. However, in recent years we have seen a steady increase in the number of Title III Lawsuits in the U.S. aimed at small businesses.

At the heart of many cases are issues involving readily achievable barrier removal. Attorney Diego Demaya with the Southwest ADA Center will discuss readily achievable barrier removal requirements for businesses under ADA Title III. This session will review recent cases and how those decisions affect businesses and consumers as well as provide recommendations for how business owners can comply without much difficulty or expense. A legal update addressing so-called drive-by lawsuits will be provided including a look at developments such as the 99 drive-by lawsuits recently dismissed in the state of New Mexico. Registration is required to participate in this webinar. Sessions are presented via a fully accessible Blackboard Collaborate Platform. For first time users it is recommended that you prepare your technology prior to the session. For more information about this platform.

EEOC Workshop - Salt Lake City

The EEOC is hosting a half day workshop on Wednesday, September 13, 2017 in Salt Lake City at the DoubleTree by Hilton Salt Lake City Airport (5151 Wiley Post Way). This is a half day conference and the price includes continental breakfast. The cost is $175.

About the Rocky Mountain ADA Center...

The Rocky Mountain ADA Center is owned and operated by Meeting the Challenge, Inc., and is supported by grant #90DP0094-01-00 from the National Institute on Disability, Independent Living, and Rehabilitation Research. NIDILRR is a Center within the Administration for Community Living (ACL), Department of Health and Human Services (HHS). The Rocky Mountain ADA Center is a part of the ADA National Network which consists of 10 regional centers and an ADA Knowledge Translation Center.

Rocky Mountain ADA Center / MTC Staff... Robert H. Gattis - MTC Founding Partner Randy Dipner - MTC Founding Partner Kent Kelley - MTC President Ken Heldt - Director of Operations Rachael Stafford - ADA Center Project Director Geoff Ames - Project Manager Jesse Fackelman - Project Consultant Nick Kelley - Project Consultant Ryan Kelley - Senior Project Consultant Zach Kelley - Project Consultant Maren McDowell - Media and Administrative Coordinator Chris Murphy - ADA Specialist in Training Chris Phelps - Project Consultant Maggie Sims – Editor; ADA Center Project Manager Paul K. Simmons - ADA Information Specialist Glenn Staton - Senior Project Consultant Joyce Wells - Accountant Philip Williams - Senior Project Consultant

The information provided in this publication is intended solely as informal guidance, and is neither a determination of your legal rights or responsibilities, nor binding on any agency with enforcement responsibility. The contents of this electronic newsletter do not necessarily represent the policy of NIDILRR, ACL, HHS, and you should not assume endorsement by the Federal Government.The Rocky Mountain ADA Center is not responsible for other web sites that are referred to in the enewsletter. Rocky Mountain ADA Center www.RockyMountainADA.org Operated by Meeting the Challenge, Inc. http://www.mtc-inc.com/ Colorado Springs , CO 800-949-4232 (V, TTY) 719-358-2460 VideoPhone

Stay up-to-date with ADA issues by following us on Facebook at https://www.facebook.com/RMADACenter/

Rocky Mountain Access Meeting the Challenge, Inc. 3630 Sinton Rd., Ste. 103 Colorado Springs, CO 80907

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