Information and Guidance on the Americans with Disabilities Act 
Summer 2000 Volume 4, Number 4

This Issue Highlights Information and Resources Regarding Current ADA Stories.

What's Inside?

Feature Stories

• Title II Case To Be Heard By Supreme Court
• NCD Says Lack Of Agency Strategy Has Taken Toll On ADA
• National Organization on Disability Launches Vote Campaign

Access Board News
DOJ Update
Employment Update
Regional News
Publications
Frequently Asked Questions
Great Web Sites
Building Your Rolodex
Events/Announcements

FEATURE STORIES

TITLE II CASE TO BE HEARD BY SUPREME COURT

The Supreme Court has decided to hear another disability discrimination case -- Garrett v. University of Alabama, 99-1240 -- that calls into question the constitutionality of the ADA. Oral argument most likely will occur in October, and the Court should issue its decision in early 2001.

Garrett is actually two consolidated employment discrimination cases filed against the state of Alabama -- one involving a woman with breast cancer, the other involving a man with severe asthma. At issue in the case is whether Congress had the constitutional authority under the Fourteenth Amendment to enact the ADA. The justices said they will use the case to decide whether Congress exceeded its power by giving state employees the right to sue in federal court under the ADA.

Building on a series of decisions some legal experts believe constitutes a states' rights revolution, the high court in January barred state employees from going into federal court to sue over age bias.

That 5-4 ruling said Congress had exceeded its authority in allowing state employees to sue their employers under the Age Discrimination in Employment Act because the law cannot supercede states' 11th Amendment immunity against being sued in federal courts.

In the Garrett case, Patricia Garrett sued the state of Alabama after allegedly encountering on-the-job bias after being treated for breast cancer. She had been a University of Alabama employee for 17 years when in 1994 she was diagnosed with breast cancer and underwent a lumpectomy, radiation and chemotherapy treatment.

Her lawsuit alleges that a supervisor made negative comments about the illness and indicated she would be permanently replaced if she took a leave of absence. After taking four months of unpaid leave, she was demoted to a job with a lower salary.

Milton Ash, also named in the case, sued over alleged bias in his Department of Youth Services job. Ash's lawsuit said he was the target of on-the-job discrimination after complaining to a federal agency about his state employer's failure to accommodate his respiratory disability.

A federal judge, after combining the two cases, dismissed them on 11th Amendment grounds. However, the 11th U.S. Circuit Court of Appeals reinstated them, ruling that states have lost their constitutional immunity from lawsuits that invoke the ADA. Other federal appeals courts have split on this issue.

Alabama's appeal relied heavily on the Supreme Court's ruling in the age-bias case and contended that Congress similarly had failed to establish a "pattern or practice of unconstitutional conduct by the states" that needed some remedy when it enacted the ADA in 1990.

Sources: Associated Press, "Court To Clarify Disabilities Act," by Richard Carelli, Monday, April 17, 2000. "Campaign to Save the ADA," by Mark Johnson, Justice-for-All at http://www.jfanow.org.

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NCD SAYS LACK OF AGENCY STRATEGY HAS TAKEN TOLL ON ADA

The National Council on Disability (NCD) has concluded that the overall impact of the Americans with Disabilities Act (ADA) has been seriously diminished by a lack of sufficient leadership in developing a vision for ADA enforcement across the various federal agencies. NCD's conclusions regarding weak federal enforcement of ADA are contained in its report, Promises to Keep: A Decade of Federal Enforcement of the Americans with Disabilities Act.

"Although federal government agencies were well-intentioned and spoke in support of ADA," said NCD Chairperson Marca Bristo, "NCD's firm conclusion is that chronic under-funding and under-staffing of responsible agencies, undue caution, and the absence of a coherent strategy have undermined federal enforcement of ADA in its first decade."

NCD also concluded that:

• Although Congress has recently increased funding for some agencies' ADA enforcement activities, the long period of inadequate funding by Congress has taken its toll on ADA.
• The Department of Justice has not exercised enough oversight in tracking Title II complaints, and other agencies have not sufficiently cooperated with Justice in preparing and referring cases that would advance the interpretation of ADA.

NCD's recommendations include the development of robust and assertive leadership by the Department of Justice in developing a coherent national strategy for enforcement in implementing ADA and strengthening ADA discrimination complaint handling by the departments of Justice and Transportation, the Equal Employment Opportunity Commission, and the ADA Title II referral agencies.

"We believe that with sufficient resources and a uniform federal agency plan to implement and enforce the ADA, the nation will benefit substantially," said Ms. Bristo. "We consider Promises to Keep to be the blueprint for the incoming Administration."

NCD is an independent federal agency representing all people with disabilities from all cultural backgrounds. NCD makes recommendations to the President and Congress on disability policy. For more information about this report, contact Mark Quigley at 202-272-2008 or visit NCD's website: http://www.ncd.gov).

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NATIONAL ORGANIZATION ON DISABILITY LAUNCHES VOTE CAMPAIGN

The National Organization on Disability (NOD) has begun their VOTE! 2000 Campaign, a non-partisan effort to increase by 700,000 the number of voters with disabilities in the year 2000 elections. In announcing the campaign, NOD President Alan Reich stated the campaign has three objectives: to conduct a get-out-the-vote drive; to increase registration nationwide of people with disabilities; and to ensure that the nation's 120,000 polling places are accessible to all voters with disabilities. The VOTE! 2000 Campaign will be directed by NOD Vice President Jim Dickson.

"If people with disabilities voted at the same rate as the non-disabled, 7 million more votes would have been cast in the last presidential election. We are the 'sleeping giant' of American politics," Dickson stated.

People with disabilities vote at a rate 20 percent below non-disabled voters. Poor voter turnout among the disability population is partly a result of low registration rates - most disability service providers are in violation of the National Voter Registration Act (The Motor Voter Law), which requires them to offer voter registration to their clients. Additionally, inaccessible polling places often discourage disabled citizens from voting; the Federal Election Commission reports that there are more than 20,000 inaccessible polling places nationwide.

The initial grant for the campaign comes from the Christopher Reeve Paralysis Foundation. The non-partisan campaign will focus on a get-out-the-vote drive in cooperation with major disability organizations and their grassroots constituencies. It will call on the secretaries of state and election officials at all levels to ensure that polling places are accessible, and that secret ballots are offered to blind voters. The VOTE! 2000 Campaign will advocate for national standards for complete polling place accessibility.

A highlight of the campaign will be to secure pledges from 2,000 local disability service provider agencies that they will conduct non-partisan get-out-the-vote drives for their clients during the elections.

"Not being able to vote is a denial of citizenship," stated Reich. "Through this campaign, we are asserting our civil right to vote. We are advancing America's disability agenda - the full and equal participation of America's 54 million people with disabilities in all aspects of life."

For more information about the Vote! 2000 Campaign, contact NOD at 910 Sixteenth Street, NW, Suite 600, Washington, D.C. 20006. Phone numbers: (202) 293-5960 (v), (202) 293-5968 (TDD), and (202) 293-7999 (fax). Website: http://www.nod.org

Register to Vote Online at http://www.fec.gov/votregis/vr.htm

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ACCESS BOARD NEWS

PROPOSED STANDARDS FOR FEDERAL ELECTRONIC & INFORMATION TECHNOLOGY

On March 31, 2000, the Access Board published proposed access standards for electronic and information technology, the first of their kind among federal regulations. The standards cover various means for disseminating information, including computers, software, and electronic office equipment in the federal sector. When finalized, the standards will become part of the federal government's procurement regulations. As a result, the federal government stands to be on the forefront in ensuring access to electronic and information technology.

The Board is developing these standards under section 508 of the Rehabilitation Act Amendments of 1998 which requires access to the federal government's electronic and information technology. The law applies to all federal agencies when they develop, procure, maintain, or use such technology. Federal agencies must ensure that this technology is accessible to employees and members of the public with disabilities to the extent it does not pose an "undue burden." The scope of section 508 is limited to the federal sector. It does not apply to the private sector or to recipients of federal funds. The law covers all types of electronic and information technology in the federal sector and is not limited to assistive technologies used by people with disabilities.

The standards define the types of technology covered and lay out the minimum level of access required. The proposal provides technical criteria specific to various types of technologies and performance-based requirements, which focus on the functional capabilities of covered technologies. This dual approach recognizes the dynamic and continually evolving nature of the technology involved as well as the need for clear and specific standards to facilitate compliance. The standards also cover compatibility with adaptive equipment people with disabilities commonly use and access to information, documentation, labeling, and support provided to end users of covered technologies. The standards are based on recommendations from an advisory committee the Board established for this purpose. The Electronic and Information Technology Access Advisory Committee, which contained 27 members representing industry, various disability organizations, and other groups with an interest in the issues to be addressed, submitted its report to the Board in May 1999.

The standards are on the Board's web site at http://www.access-board.gov/sec508/508standards.htm. Copies can be ordered by calling the Board at (800) 872-2253 (voice) or (800) 993-2822 (TTY), pressing "2" for publications, and requesting publication S-38, the proposed standards for electronic and information technology.

Source: Access Currents, Volume 6, No. 2, March/April 2000.

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DOJ UPDATE

DOJ OPPOSES ADA NOTIFICATION ACT

On February 8th, two South Florida congressmen introduced legislation designed to block plaintiffs' lawyers from using the Americans with Disabilities Act as a mill for grinding out legal fees. Bill H.R. 3590, otherwise known as the ADA Notification Act, was proposed by Rep. Mark Foley, of West Palm Beach, and Rep. E. Clay Shaw, of Fort Lauderdale. Under the measure, businesses would have to be given advance warning that they are in violation of the ADA before a suit could be filed, giving them an opportunity to correct the problem before a suit would be allowed.

Reps. Foley and Shaw claim that recently more than 600 businesses large and small in Miami, Dade, Broward and Palm Beach counties have been slapped with federal ADA suits demanding better access to places of public accommodation.

As an example, a press release by the congressmen cited "rogue" suits filed by Citizens Concerned about Disability Access. It described the group as an organization "whose main members, it appears, are the two lawyers initiating the suits, and a neighbor and her disabled daughter who reportedly live across the street from one of the lawyers."

In response to the filing of this legislation, Robert Raben, Assistant Attorney General for the Department of Justice, has written a letter to Rep. Charles Canady, Chairman of the Subcommittee on the Constitution, Committee on the Judiciary, U.S. House of Representatives. The letter is excerpted as follows:

"…There may be attorneys who are engaged in frivolous or harassing litigation under the ADA. The appropriate mechanism for addressing allegations of such behavior lies with the ethics and disciplinary bodies of State bar associations or with the court where the litigation is pending. Rule 11 of the Federal Rules of Civil Procedure and its State equivalents prohibit the filing of frivolous lawsuits and entities sued in such actions may recover attorneys fees and costs. In such an action, a court may also sanction attorneys, parties, and law firms and may assess monetary damages or penalties. When the Department of Justice is made aware of such allegations, we will refer them to the appropriate State bar association, as we did in the Florida matter referred to us by Congressman Foley.

In 1990, President Bush and overwhelming bipartisan majorities in the Congress took strong steps to limit the need and incentive for litigation under title III of the statute. They delayed the ADA's effective date, prevented damages awards in private suits brought by persons with disabilities, and mandated a comprehensive technical assistance program to foster voluntary compliance with the Act.

The ADA itself, as crafted by Congress, included a number of safeguards to ensure that businesses and other public accommodations would have adequate notice of their obligations under the Act and ample time to take steps to bring themselves into compliance. Under section 310(a) of the Act, although the ADA was enacted on July 26, 1990, its requirements for public accommodations did not take effect for another 18 months (until January 26, 1992), six months after final regulations were issued. In addition, under section 310(b), Congress provided further protection from suits for up to a year (until January 26, 1993) for small businesses.

As we approach the tenth anniversary of the ADA, many businesses have made their operations and facilities accessible to people with disabilities. In the process they have discovered the possibilities of new markets for their goods and services.

To the extent that other businesses have adopted a policy of "foot-dragging" or "wait and see," they should not be rewarded. Certainly, they should not receive an unfair competitive advantage over businesses that have already complied in good faith with the law. Nor should Congress take steps to encourage businesses not to move toward ADA compliance until legal action is threatened. This would create disincentives for voluntary compliance and make it much harder for those who have legitimate ADA legal claims…"

Source: "Congressmen Rein In 'Rogue' Disabled Access Suits," Miami Daily Business Review, Dan Christensen, February 8, 2000.

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EMPLOYMENT UPDATE

WOTC EXTENDED

The Work Opportunity Tax Credit (WOTC) was extended to December 31, 2001 and made effective retroactively back to June 30, 1999 when it expired. The extension authority was granted in H.R. 2488, the TaxPayer Refund and Relief Act of 1999. WOTC, which replaced the Targeted Job Tax credit (TJTC), provides a tax credit to employers who hire individuals from certain low-income categories, such as individuals with disabilities in vocational rehabilitation programs, qualified welfare recipients (TANF), veterans, ex-felons, food stamp recipients and summer youth employees. When people with disabilities are vocational referrals, or beneficiaries of other targeted groups, the employer may take a tax credit up to 35% for the first $6,000, up to $2,100 total, in wages paid during the first 12 months of work for a new hire. The State Employment Security agency provides WOTC certification and the employer files Form 8850 with the IRS.

EEOC ISSUES FINAL RULE ON MITIGATING MEASURES

The U.S. Equal Employment Opportunity Commission (EEOC) has issued a final rule rescinding parts of its Interpretive Guidance on Title I of the Americans with Disabilities Act (ADA) involving mitigating measures used by an individual to eliminate or reduce the effects of an impairment.

"In keeping with our commitment to provide timely guidance to our stakeholders, this revised guidance clarifies the legal standard for determining when a person who uses mitigating measures meets the ADA's definition of 'disability,'" said EEOC Chairwoman Ida L. Castro.

"The Commission is rescinding portions of its Interpretive Guidance on the ADA to be consistent with Supreme Court rulings last term."

In 1999, the Supreme Court ruled in Sutton v. United Airlines, Inc., and Murphy v. United Parcel Service, Inc., that the determination of whether an individual has a current disability under the ADA must be made by considering any mitigating measures that a person uses to eliminate or reduce the effects of an impairment. Mitigating measures may include medication and assistive devices such as hearing aids, walkers, or canes.

Issuance of the final rule follows the July 1999 release of the EEOC's Instructions for Field Offices: Analyzing ADA Charges After Supreme Court Decisions Addressing 'Disability' and 'Qualified.' The instructions modify previous field instructions and emphasize the individualized analysis that must be used in determining whether a charging party has a 'disability' as defined by the ADA and when a person is 'qualified.'

The text of the final rule, ADA field instructions, and other information about the EEOC is available on the agency's web site at www.eeoc.gov.

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REGIONAL NEWS

NATIONAL FEDERATION OF THE BLIND SUES AMERICA ONLINE

The National Federation of the Blind (NFB) has filed suit in U.S. District Court for the District of Massachusetts against America Online, Inc. (AOL). The suit by NFB, the National Federation of the Blind of Massachusetts, and nine individuals, all of whom are blind, charges that America Online's Internet service (AOL service) is inaccessible to the blind, thereby violating the Americans with Disabilities Act (ADA).

The lawsuit specifically states that AOL, unlike other Internet service providers, "has designed its AOL service so that it is incompatible with screen access software programs for the blind." As a result, blind people do not have access to the country's largest Internet service provider and its nearly 19 million subscribers worldwide. The suit seeks to enjoin AOL from continued violation of the ADA. It also asks the court to order AOL to redesign its AOL service in order to allow blind people to have independent access through screen access software.

Blind people commonly use screen access software to monitor the computer screen and convert text into synthesized speech or Braille on a device known as a refreshable Braille display. In designing its software to be incompatible with screen access programs, AOL service "has failed to remove communications barriers...thus denying the blind independent access to this service in violation of Title III of the ADA," the suit charges.

"Screen access programs cannot read an unlabeled graphic, cannot provide an effective way to manipulate a mouse pointer, and cannot read or activate non-standard custom controls that are painted on the screen," explains NFB President Dr. Marc Maurer. "As a result blind people are effectively precluded from using the America Online Internet service."

Curtis Chong, NFB's Director of Technology, notes that the technology to redesign the AOL Internet service in order to permit accessibility by the blind already exists.

"The technology is available, and using it would neither fundamentally alter the nature of the AOL service, nor cause any undue financial burden to AOL," says Chong. "Despite our best efforts, though, AOL has steadfastly refused to modify its software in order to ensure compatibility with screen access technology for the blind."

As a result of AOL's failure to redesign its Internet service, the suit charges the Internet service provider with violating the ADA's auxiliary aids and services mandate. The NFB suit also charges the AOL service with violating the ADA's "reasonable modification" and "full and equal enjoyment" mandates for the company's failure to make its services fully accessible and independently usable by individuals who are blind. NFB has long been actively involved in promoting adaptive technologies for the blind so that blind people can live and work independently in today's technology-dependent world.

ONLINE TAX FILING SERVICES AGREE TO MAKE SITES ACCESSIBLE

Connecticut's Attorney General was joined by National Federation of the Blind (NFB) President, Dr. Marc Maurer, in announcing agreements with four companies-HDVest, Intuit, H & R Block, and Gilman & Ciocia-that provide on-line federal income tax filing services to make their Internet sites accessible to the blind. The four companies agreed to work with the Attorney General and NFB to change the coding for five websites to enable individuals who are blind to access the sites through the use of standard screen reader programs.

ADA 2000 AUDIO CONFERENCES

The New England ADA & Accessible IT Center (NEADATAC) will be sponsoring a series of ADA audio conferences to be conducted in September and October. Participants will receive information on regulation proposals, court cases, settlement agreements, national trends, upcoming technical assistance materials, and time for questions.

Scheduled sessions include:

• September 14, 2000 - Renee Wohlenhaus, Attorney, US Department of Justice, Disability Rights Section;
• October 5, 2000 - David Capozzi, Director of Information Services, US Access Board; and
• October 26, 2000 - Sharon Rennert, Attorney, Equal Employment Opportunity Commission.

All sessions run from 2-3:30pm. For further information, contact Kathy Gips at (800) 949-4232 (v/TTY) or email: kgips@adaptiveenvironments.org.

VIDEO ON ADA AND PUBLIC SCHOOLS AVAILABLE

ADA and Public Schools: Access for All an 18 minute video produced by Adaptive Environments under a grant from the US Department of Education is available for $25. The video includes students, parents, teachers and ADA coordinators from Cambridge, Framingham and Westport Massachusetts. The video is accompanied by briefing sheets on administrative requirements, facility/program access, employment, nondiscrimination obligations, and effective communication. The video is closed and open captioned. To order the video contact Adaptive Environments at (800) 949-4232 (v/tty) or adaptive@adaptiveenvironments.org.

WIA IMPLEMENTATION NEWS

The Workforce Investment Act (WIA) which took affect on July 1, 2000, brings together various federal job training and employment programs into one integrated system of services, which all people can access through One-Stop Centers. A new initiative, intended to assist the One-Stop delivery system serving people with disabilities, has been announced by the Department of Labor Employment and Training Administration and the Department of Education Office of Special Education and Rehabilitation Services. The nation's ten Disability and Business Technical Assistance Centers (DBTACs), including the New England ADA & Accessible IT Center, will provide technical assistance and training on the ADA, Section 504 of the Rehabilitation Act, the disability-related provisions of the Workforce Investment Act (WIA) Section 188 and their implementing regulations. The period of the agreement is from May 1, 2000 through April 30, 2001.

Dr. Oce Harrison, an expert on issues of disability, employment, and training, will be the primary implementation staff on the project. Please call Valerie Fletcher at 800-949-4232 or 617-695-1225, ext.26 with questions or suggestions.

Additionally, the Institute for Community Inclusion (ICI), has put together a free publication entitled, "Tools for Inclusion - People with Disabilities: Having a Voice in the Creation of the New Workforce Investment System." This publication is available via the Institute's web site at: http://www.childrenshospital.org/ici/newpubs.html. For paper copies please contact Milena Santos at: e-mail: ici@a1.tch.harvard.edu; voice: (617) 355-6506.

For more information on WIA and the One-Stops, visit ETA's Homepage at http://www.doleta.gov and disAbility On-line at http://www.wdsc.org/disability.

NEW VIDEO ON REASONABLE ACCOMMODATION AVAILABLE

The Maine Consumer Information and Technology Training Exchange has made available a new video entitled "Workplace Diversity: Accommodations and Disability." This 28 minute, closed-captioned video was designed to demystify the requirements of the Americans with Disabilities Act related to the employment of individuals with disabilities, including those that require assistive technology in the workplace.

The video demonstrates, using vignettes and interviews with both individuals and their employers, how assistive technology is used to assist people with disabilities in their employment in a variety of small businesses in Maine. A roundtable discussion format, hosted and moderated by Pat Callaghan from WCSH-TV in Portland, provides answers to frequently asked questions.

The production of the video represents a collaborative effort among the Department of Education's MaineCITE Project, the Center for Community Inclusion, Maine's UAP at the University of Maine and the Disability Rights Center of Maine with the assistance of Alpha One.

If you are interested in copies of the video, they may be purchased for $25 from the Center for Community Inclusion, UAP, University of Maine. Contact Deborah Gilmer at (207) 581-1084 (v), (207) 581-3328 (TTY) or ccimail@umit.maine.edu.

GAME SHOW SUED BY DEAF MAN

A deaf schoolteacher in upstate New York is suing Who Wants to Be a Millionaire, claiming the game show's qualifying process is unfair to people who are deaf or hard of hearing.

In a complaint filed in U.S. District Court, Peter F. Liberti Jr. alleges that the producers of Millionaire told him he could not participate because the current phone-in process to screen potential players cannot accommodate his disability.

He contends ABC and the producers violated his rights under the Americans with Disabilities Act by preventing the hearing-impaired from trying out for the show.

"He cannot hear things over a telephone, and because of that, the producers have essentially told him there's no place for him on their show," Liberti's attorney, Bruce A. Goldstein, says. "What Mr. Liberti wants is an equal opportunity as guaranteed by the Americans with Disabilities Act."

In a statement, ABC rep Pat Preblick says, "We're always looking for ways to improve our show and the qualification process, and we value our viewers' input. In several instances, we have made appropriate accommodations for a number of disabled contestants who have appeared on the program and will continue to do so."

However, according to Goldstein, the show hasn't gone far enough. He says his client, who teaches non-deaf students in a suburban Buffalo, New York, school and is able to speak and read lips, is a huge fan of the show and watches it regularly.

Currently, contestants who call the show's 800 number must qualify by putting questions in the correct order via the phone's keypad. Goldstein suggests the network could easily set up some system whereby people could use the Internet as a way to qualify for the preliminary rounds. With all the millions of dollars the network receives in advertising, he thinks it could easily be done.

CHANGE OF ADDRESS

The Rhode Island Governor's Commission on Disability has moved.

The new address is:
41 Cherry Dale Court
Cranston, RI 02920
Phone: (401) 462-0100 (v), (401) 462-0106 (fax), (401) 462-0101 (TDD)
Email: disabilities@gcd.state.ri.us
Website: http://www.gcd.state.ri.us

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PUBLICATIONS

These publications are available from our Center by calling 800-949-4232 V/TTY.

• ADA Guide for Small Towns
• The ADA and City Governments: Common Problems
• A Guide to Disability Rights Laws (Revised)
• Special 10th Anniversary Status Report - Enforcing The ADA - $3
  (Available as a PDF file at http://www.usdoj.gov/crt/ada/pubs/10thrpt.pdf)
• ADA/ABA Accessibility Guidelines - Notice of Proposed Rulemaking
  Approx. 400 pp., no cost.
• ADAAG Manual: A Guide to the Americans with Disabilities Act Accessibility Guidelines
  143 pages. Clarifies the complexities of the ADAAG, lots of helpful drawings. - $10

The following new documents can be downloaded from the Department of Justice website: http://www.usdoj.gov/crt/508/508docs.html

• Software Accessibility Checklist
• Web Page Accessibility Checklist
• Information Technology Machines (ITMs) Accessibility Checklist
• Information Technology (IT) Equipment Accessibility Checklist

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FREQUENTLY ASKED QUESTIONS

Questions and Answers About Mitigating Measures

On June 22, 1999, the Supreme Court issued decisions in two ADA cases: Sutton v. United Airlines, Inc. and Murphy v. United Parcel Service, Inc. The Supreme Court ruled that the determination of whether an individual has a current disability under the ADA must be made by considering any "mitigating measures" that the individual uses to eliminate or reduce the effects of an impairment. The EEOC has issued a final rule deleting certain sentences found in two sections of the Interpretive Appendix to the Title I regulation to eliminate any conflict with the Sutton and Murphy rulings.

Q: What are "mitigating measures?"

A: Mitigating measures are medications and assistive devices that an individual uses to eliminate or reduce the effects of an impairment. Examples of mitigating measures include medication for conditions like epilepsy, or major depression; insulin used to control diabetes; prosthetic devices; walkers, canes, and crutches; and hearing aids.

Q: What changes did the Commission make to the Interpretive Guidance?

A: This rule only deletes certain sentences from sections 29 C.F.R. 1630.2(h) and (j) of the Interpretive Guidance that accompanies the regulations on Title I of the ADA. The deleted sentences say that mitigating measures should not be considered when determining whether someone has an ADA "disability". This guidance is no longer effective after the Supreme Court's rulings in Sutton and Murphy.

Q: Do the Supreme Court decisions and the changes to EEOC's Interpretive Guidance mean that people who use medications and other mitigating measures are not protected by the ADA?

A: No. The Supreme Court decisions in Sutton and Murphy emphasize that whether a particular individual has an ADA "disability" must be determined on a case-by-case basis. The fact that a person uses a mitigating measure does not necessarily mean that the person cannot meet one of the ADA's three definitions of "disability." A person may still experience substantial limitation in performing a major life activity despite, or because of, the use of a mitigating measure. First, the mitigating measure may not be that effective in eliminating or reducing the effects of an impairment. Second, the mitigating measure may produce side effects that substantially limit performance of a major life activity.

Q: Do these changes apply to the non-discrimination provisions of section 501 of the Rehabilitation Act?

A: Yes. The definition of "disability" under section 501 of the Rehabilitation Act is identical to the definition under the ADA. Therefore, these changes apply to determining whether an individual has a "disability" under the Rehabilitation Act.

(Source: "Questions and Answers On Amending The Interpretive Guidance On Title I Of The Americans With Disabilities Act", EEOC website at http://www.eeoc.gov)

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GREAT WEB SITES

http://www.fec.gov/votregis/vr.htm
Federal Election Commission's National Mail Voter Registration Form What it is: The National Mail Voter Registration Form is one document that allows you to register to vote from anywhere in the United States. The National Form can be used to:

• Register out-of-town tourist and convention groups
• Register people from surrounding States who work, shop, or attend events in a central city
• Conduct voter registration drives, especially at colleges and universities
• Register individuals at State agencies or other public offices

http://www.spiritofada.org/
The American Association of People with Disabilities' "The Spirit of ADA Campaign" marks the 10th anniversary of the Americans with Disabilities Act (ADA) and the 25th anniversary of the Individuals with Disabilities Education Act (IDEA), and a call for individuals, communities, and leaders to renew their commitment to an America that works for everyone.

http://overlawyered.com/
Overlawyered.com explores an American legal system that too often turns litigation into a weapon against guilty and innocent alike, erodes individual responsibility, rewards sharp practice, enriches its participants at the public's expense, and resists even modest efforts at reform and accountability. Disability Rights section provides commentary (good and bad) about ADA litigation.

http://www.istal.com/SMOKE/
Website home for ADA consultant Thomas Schmokel. Although not an endorsement of his skills and services, this site does have an impressive number of ADA articles and links to other ADA, legal, governmental, and disability related websites.

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BUILDING YOUR ROLODEX

ADA INFORMATION SERVICES

Department of Justice ADA Information Line
(800) 514-0301 (v)
(800) 514-0383 (TDD)
http://www.usdoj.gov/crt/ada/adahom1.htm

Equal Employment Opportunity Commission
Employment - questions
(800) 669-4000 (v)
(800) 669-6820 (TDD)
Employment - documents
(800) 669-3362 (v)
(800) 800-3302 (TDD)
http://www.eeoc.gov

Department of Transportation
ADA Assistance Line
(888) 446-4511(v)
TDD: use relay service
(202) 366-2285 (v)
(202) 366-0153 (TDD)
Transportation - documents
(202) 366-1656 (v)
TDD: use relay service
Transportation - legal questions
(202) 366-4011 (v)
TDD: use relay service
http://www.fta.dot.gov

Federal Communications Commission
Relay Service Directory
(202) 857-3800 (v)
(202) 293-8810 (TDD)
Relay Service - questions
(202) 418-0976 (v)
(202) 418-0484 (TDD)
http://www.fcc.gov/cib/dro/

Access Board (Architectural and Transportation Barriers Compliance Board)
Documents and questions
(800) 872-2253 (v)
(800) 993-2822 (TDD)
http://www.access-board.gov

President's Committee on Employment of People with Disabilities
Employment questions
(202) 376-6200 (v)
(202) 376-6205 (TDD)
http://www.pcepd.gov

Job Accommodation Network
(800) 526-7234 (v/TDD)
http://janweb.icdi.wvu.edu/english/homeus.htm

Internal Revenue Service
Tax code - information
(800) 829-1040 (v)
(800) 829-4059 (TDD)
Tax code - legal questions
(202) 622-3110 (v)
TDD: use relay service
To order Publications
(800) 829-3676 (v)
(800) 829-4059 (TDD)
http://www.irs.ustreas.gov

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EVENTS/ANNOUNCEMENTS

Access Expo of Northern New England 2000
September 12th, 10 AM - 5 PM
The Center of New Hampshire, Holiday Inn, Manchester, NH
For more information call David Robar at (800) 826-3700 (v/TDD) or http://www.gsil.org

ADA Trainings by the Department of Administrative Services at the HR Learning Center:
Disability in the Workplace - Awareness and Sensitivity
8:30 a.m. to 12:00 p.m., September 27, Hartford, CT.
Reasonable Accommodations Under the ADA
8:30 a.m. to 12:00 p.m., September 14, Hartford, CT.
For more information, contact Kathleen Sullivan at (860) 713-5231 (v).

Total Technology 2000
October 17th, 2000
Connecticut Expo Center, Hartford, CT
Contact: Connecticut Tech Act Project at (800) 537-2549 (v/tty)

Abilities Expo New England
October 20-22nd, 2000
Bayside Exposition Center, Boston, MA
Contact: Advanstar Communications at (203) 882-1300 (v) or ksackett@advanstar.com, http://www.abilities.com

Deaf Services/Technology Expo '00
October 27th, 2000
College of the Holy Cross, Worcester, MA
Contact: Massachusetts State Association of the Deaf at (781) 388-9114 (V), (781) 388 9115 (TTY), or msadeaf@aol.com

Assistive Technology: Access to Lifelong Learning
November 16th, 2000
Crowne Plaza, Warwick, RI
Contact: TechACCESS of RI at (401) 463-0202 (v) or accessri@aol.com

Community Access Monitor Trainings:

Build Boston
November 14-16, 2000
World Trade Center, Boston, MA
For more information, contact the Boston Society of Architects at (617) 951-1433 x221, e-mail: bsa@architects.org or visit the Build Boston website: http://www.buildboston.com

Look for the fall issue of Access New England.

Attention Subscribers!
Are you interested in receiving our newsletter via e-mail? Send us a message at adaptive@adaptiveenvironments.org and we'll drop Access New England directly into your e-mail letterbox. Moved recently? Changed your name? No longer interested in receiving our newsletter? Let us know so we can keep our mailing list up-to-date and effective. Call us at 800-949-4232 V/TTY or drop us a line at 374 Congress Street, Suite 301, Boston, MA 02210. Questions about the ADA? Call us at 800-949-4232 V/TTY for answers and guidance.

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