1. law, govt and politics

The e-Newsletter - New June 8, 2015
The official e-Newsletter of the National Association of ADA Coordinators
Serving the ADA Coordination and 504 Compliance Community Since 1992
(888) 679-7227
FAX (877) 480-7858
[email protected]
WEB SITE: WWW.AskJAN.ORG/NAADAC
Volume 22 - No. 4
28 Pages
June-July 2015
2015 Fall ADA Conference - 54th National Conference
Co-sponsored by the City of San Diego
“The ADA at 25 - Present and Future”
October 19-22, 2015
San Diego, California
The ADA is celebrating its 25 th anniversary on July 26,2015.
It’s time to get back to work on ADA compliance.
What are the ADA barriers that still confront us today?
How can we plan to address the expected ADA problems of tomorrow?
Learn how to assess compliance, how to work with your entity and your community.
Together we explore challenges, ideas, and successes.
Join your peers and network at the best, most intensive four-day ADA conference covering the obligations and offer realistic
solutions for towns, counties, State agencies, private businesses, and colleges/universities. Find your answers from a team
of experienced, veteran ADA experts at the Fall 2015 Conference of the National Association of ADA Coordinators. With the
information and best practices learned at this conference, you will be able to build on the advances of the past 25 years.
You will be able to take steps that will make your agency a leader in achieving compliance with the ADA and reducing costs.
The Fall 2015 National Conference Faculty includes:
9 ADA attorneys, 3 ADA architects, 8 ADA Coordinators and
Section 504 Compliance Officers and ADA Medical Professionals:
Providing current case law, best practices, policy examples, and reasonable answers, to trending
and complex ADA situations. Current USB ADA library with registration.
See Conference Agenda Pages and Faculty Bios Pages following Newsletter ADA Articles
Several of the confirmed and invited faculty for the general and workshop tracks are:
Access, Services and Design Track
Eve Hill, J.D.*, Deputy Aspirant Attorney General, U.S. DOJ (DOJ Keynote)
and
John Wodatch, J.D., Deputy Assistant Attorney General (ret.), U.S. DOJ
Responsible for and wrote Federal Rehab Act of 1973 and
the ADA Title II and III Rules and Regulations (Keynote and 4 days of conference)
Employment Track
Christopher Kuczynski, J.D., LL.M., Acting Associate Legal Council and
ADA/GINA Policy Director, U.S. E.E.O.C.
Responsible for and wrote the ADA Title I and GINA Rules and Regulations (2 days and EEOC Keynote)
Higher Education Track
Paul Grossman, J.D., Chief Attorney (ret.) and James Long. J.D., Senior Attorney (ret.)
U.S. Department of Education
Responsible for enforcement of ADA (3 days of the conference)
The past 9 Association conferences were rated as outstanding by 99%
of the participants’ evaluations. The remaining 1% rated them as excellent.
WHAT PARTICIPANTS SAY ABOUT OUR CONFERENCE AND FACULTY
“I learn new things every time I come.” B. M., County Sheriff Dept., CA
“The conference was great provided great new insights to area of ADA. G. C., Major Transit Company, NY
“I find the small groups fundamental to the extensive discussion of and understanding of complex accessibility
issues applicable to a variety of situations and professions.” D. E., Major Health Care Company, TN
“Content was excellent.” K. M., Major University, NC
“The presenters were very cognizant of the time issues and were very receptive to our feedback. This was the
most organized conference I’ve ever been to and I really was impressed with the
knowledge/expertise/authority of our presenters.” H. B., Major State University, NC
“I learned a tremendous amount of “work details” of my job from the other ADA Coordinators.” E. M., Large
County, FL
“Thanks for being so awesome. Higher Ed track was great.” K. L., Large City, CA.
“Very organized conference - very impressive. Great job - thanks to all.” M. M., Large College, NC
“I was very impressed with your organization, your timeliness, and your handouts. I thought all presenters
were excellent.” L. N. , Major Housing Authority, CA
OTHER CONFERENCE EVENING EVENTS
There is an Association President’s Reception on Tuesday evening with snacks and refreshments. Again by popular demand
a KARAOKE night (you don’t need to perform, just attend and be entertained) is planned for Wednesday evening.
Refreshment and goodies provided for all. At the Fall 2015 Conference donated prizes will be awarded to the winners in three
categories - First Place $100, and Second Place; Most Innovative, and Most Inspirational, will receive $40 each.
Come enjoy the fun at both after an informative and busy day at the conference.
INFORMATION FOR NON-ASSOCIATES
If you are not an Associate, now is the time to become an Individual, Professional (P.A.), or Organizational Associate. If you
join when registering for this conference, you can register at Associate registration rate.
Current Associates received an additional email discount offer up to $300 off the 2015 Fall conference.
The Associates’ Version of our e-Newsletter contains an additional 14 emailed pages on ADA case law and other information.
UPDATE OF OUR PROFESSIONAL ASSOCIATES (P.A.) PROGRAM
We recognized 5 new P.A.s at the Spring 2015 conference and another 11 completed their P.A. requirements at the Spring
conference. There are over 100 Associates in various phases of completing the PA program. See our website at:
www.AskJAN.org/NAADAC for more information on the Association’s Professional Associate program.
CONFERENCE LOCATION AND HOTEL
The conference is at the San Diego Marriott Mission Valley Hotel, 8757 Rio San Diego Drive, San Diego, CA 92108.
Complimentary shuttle provided from/to San Diego International Airport. Guestroom Internet is complimentary. Selfparking available for $8/day. Participant is responsible for making own lodging reservation. The Association negotiated
a special conference rate from three days before/after the conference at a per room rate of $149.00 per night, plus taxes
(single/double) if reserved by 9/28/2015, provided room block has not been sold out. To make reservations call Marriott
reservations at (800) 228-9290 or the hotel at (619) 692-3800 and mention you are attending our conference.
ADA Articles
These articles are for information purposes only and do not to constitute legal advice.
DOJ - NEW TECHNICAL ASSISTANCE DOCUMENT ISSUED JUNE 8, 2015
ADA Update: A Primer for State and Local Governments, to help State and local government officials
understand how title II of the ADA applies to their programs, activities, and services. This 16-page
illustrated guide addresses general nondiscrimination requirements, such as provisions relating to
program accessibility, service animals, communicating with people with disabilities, other power-driven
mobility devices, and policies and procedures. The document also addresses how the 2010 ADA Standards
for Accessible Design apply to the built environment, including existing buildings and facilities, new
construction, and alterations.
DOJ MOVES TO INTERVENE IN MIAMI UNIVERSITY CASE
The Justice Department announced that it has moved to intervene in a private lawsuit alleging disability
discrimination by Miami University in Oxford, Ohio. In the United States’ motion to intervene and complaint,
the United States alleges that Miami University has violated Title II of the Americans with Disabilities Act (ADA)
by requiring current and former students with disabilities to use inaccessible websites and learning
management system software, and by providing these students with inaccessible course materials. The
motion was filed in the U.S. District Court of the Southern District of Ohio. (Aleeha Dudley v. Miami
University, et al., 14-cv-038 (S.D. Ohio).
As alleged in the filings, Miami University uses technologies that are inaccessible to current and former
students who have vision, hearing or learning disabilities. Miami University has failed to ensure that
individuals with disabilities can interact with its websites and learning management systems and access course
assignments, textbooks and graphical materials on an equal basis with students without disabilities. Miami’s
failures have deprived persons with disabilities of a full and equal opportunity to benefit from Miami
University’s educational opportunities.
Many students with disabilities, including those who have vision, hearing or learning disabilities, require
assistive technologies to use computers and interact with electronic content. Examples of assistive
technologies include screen reader software, refreshable Braille displays, audio description, captioning and
keyboard navigation. Screen reader software audibly reads aloud information that is otherwise presented
visually on a computer screen; refreshable Braille displays convert digital text into Braille; captioning translates
video narration and sound into text; and keyboard navigation allows individuals with visual or manual
dexterity disabilities to access computer content using a keyboard rather than a mouse.
The complaint seeks a judgment from the court requiring Miami University to provide accessible materials
to ensure that individuals with disabilities can equally participate in and benefit from Miami University’s
educational opportunities, and to compensate aggrieved individuals.
“Education is said to be the great equalizer of American society, and educational technologies hold great
promise to make this a reality,” said Principal Deputy Assistant Attorney General Vanita Gupta of the Civil
Rights Division. “However, students with disabilities continue to encounter an impenetrable glass ceiling of
opportunity when schools fail to comply with the ADA.”
ADA Articles - Page 1
JURY CASE TO TEST GINA
From an Article in The New York Times reported on June 2
Seven years ago, Congress prohibited employers and insurers from discriminating against people with genes
(GINA - The Genetic Information Nondiscrimination Act) that increase employer risks for costly diseases. This
case experts believe is the first to go to trial under the law involves something completely different: an effort
by an employer to detect employee wrongdoing with genetic sleuthing. Amy Totenberg, the federal district
judge in Atlanta who is hearing the case, called it the “mystery of the devious defecator”.
Frustrated supervisors at a warehouse outside Atlanta were trying to figure out who was leaving piles of
offending material around the facility. They pulled aside two laborers whom they suspected. The men,
fearing for their jobs, agreed to have the inside of their mouths swabbed for a genetic analysis that would
compare their DNA with that of the offending material. One employee, a forklift operator, said word quickly
spread and the [two employees] became the objects of humiliating jokes. “They were laughing at us,” he said.
The two men were cleared — their DNA was not a match. They kept their jobs but sued the company. On
May 5, Judge Totenberg ruled in favor of the laborers and set a jury trial for June 17 to decide on damages.
She determined that even though the DNA test did not reveal any medical information, it nonetheless fell
under GINA.
The employer which operates the warehouse has not decided whether to appeal according to its lawyer. The
company had contended that the test provided no medical information about the employees and that both
kept their jobs and suffered no discrimination.
The decision in this case means the scope of the law goes far beyond what Congress seems to have envisioned
according to legal experts. Even if an employer, as in this case, did not seek an employee’s DNA to look for
medical conditions, it was getting a trove of data that it arguably should not have,” said the director of the
Health Law and Policy Institute at the University of Houston Law Center. The judge, the director said, ruled
that “a genetic test is a genetic test is a genetic test.”
“It’s really a bizarre case,” said a law professor at Georgetown University. “But beyond the comical, it touches
on some quite serious issues . . . Anyone in the future thinking about using a genetic test in ways that can
embarrass or harm an individual will have to confront the fact that it violates federal law,” he added. “Benign
intentions are not enough.”
The concern is that allowing an employer to obtain an employee’s DNA would open a Pandora’s box. “While
the employer here was taking the DNA for identification purposes, once it gained access it could have
theoretically tested for all kinds of other things, including issues related to health and used that information
to discriminate,” the UofH director said.
The law was enacted in part to alleviate people’s fears that their genetic information could be used against
them. There were concerns that people who feared discrimination if they got a genetic test would refuse to
participate in clinical trials needed for the advance of medical science, or avoid getting tests that might be
useful for their health.
There have been very few cases under the law, and legal experts said they did not know of any others that
had gone to trial. The cases so far have mostly involved workers suing employers who had asked for their
medical histories. A Connecticut woman claimed she was fired after she disclosed that she had a gene that
predisposed her to breast cancer. Her claim was settled out of court with a non-disclosure agreement.
The chief executive of the Genetic Alliance, an advocacy group for people with genetic disorders that lobbied
for GINA, said she and other advocates were pleased by the outcome of the case in the Atlanta court, but
ADA Articles - Page 2
surprised by both its substance and the dearth of other cases.
“Is the law so effective that employers are well-informed and not going there, or is this less of an issue than
we thought it would be?” the chief executive said, adding that she thought there was some truth in both.
The case of the warehouse workers began more than two years ago when the company asked its loss
prevention manager to find out facts of the situation in one of its warehouses where grocery store goods were
stored. After looking at employee work schedules, the loss prevention manager identified workers who he
thought were present when the deeds were done.
He asked a forensics lab to compare the DNA of men the company suspected with the DNA of the offending
material to see if there was a match. Everyone knew about the problem. The workers were abuzz, wondering
what sort of person could be doing it. Then, one day after his break, one of the alleged perpetrators was
ushered into a room by his supervisor. His union steward, a human resources manager and the loss
prevention manager were waiting for him.
“They sat me down and asked me did I know why I was asked to come upstairs,” one of the alleged
perpetrators said. “They asked if I knew about the [offending material]. I said I had heard about it and
thought it was gross. They asked me to take a DNA test because they had reason to believe it was me.”
He agreed to take the test, saying he feared for his job, and a forensics expert from the testing lab then
swabbed the inside of his cheek. The lab results exonerated him and another worker, who delivered food
from the warehouse to grocery stores. But by then, one of the alleged perpetrators had found a law firm
where three lawyers agreed to take the case.
The lawyers thought the two men had a case because GINA had made it illegal “for an employer to request,
require, or purchase genetic information with respect to an employee.” The question before the judge was
whether the DNA samples the employer requested constituted genetic information, even though they did not
reveal disease genes or risk factors for disease.
The company’s lawyer said the DNA results from the test the company sought were not genetic information,
and involved normal minute variations in DNA sequences that did not reveal anything about disease genes.
The intent of the law, he added, was to prevent discrimination based on a genetic propensity to disease, and
there was none in this case. Both men kept their jobs at that time. The company never figured out who was
responsible.
But Judge Totenberg said the law defined genetic information as data arising from a genetic test. The DNA
test used in this case, she ruled, qualified as a genetic test that revealed genetic information. Later in June,
the case will go to trial to determine damages. The law center director said the judge and jury would have
little precedent to go by. GINA is different from other antidiscrimination laws that say employers cannot hire,
fire or fail to promote a worker based on such things as race, sex or a disability. GINA says an employer
cannot even ask for or buy genetic information. We have a lot of existing case law on how judges should
award remedies for employment discrimination . . . But what happens when an employer
obtains genetic information and does not act on it? Judges currently have little guidance.”
FCC EXPANDS DISABILITY ACCESS REQUIREMENTS
TO TABLETS, LAPTOPS AND SMARTPHONES
Consistent with its recent actions expanding the Federal Communications Commission's ("FCC") oversight of
the Internet and of privacy, the FCC has further extended its reach in another area—disability access.
Expanding on its requirements that television broadcasters provide disability access to emergency
ADA Articles - Page 3
programming, the FCC has adopted new requirements that video device manufacturers (TVs, set-top boxes,
tablets, laptops and smartphones) and multi-channel video programmers provide the blind and visually
impaired with simple access to emergency information. All companies that participate in the video or
telecommunications space should watch for FCC action in this area as it feels strongly that the agency has a
mission to make information accessible.
Under the new rules, manufacturers who sell televisions and set-top boxes must provide a simple and easy
to use mechanism for activating the unit's secondary audio stream for audible emergency information—a
button, key, icon, or something equivalent. The FCC's deadline for compliance is December 20, 2016, which
is also the deadline for other previously established accessibility features.
The new rules also require multi-channel video programmers ("MVPDs") like cable companies and satellite
television providers to ensure that linear programming accessed over an MVPD's network using a laptop,
smartphone, tablet or other device allows consumer access to emergency programming through a secondary
audio stream. This requirement currently will apply only to consumers watching linear programming in their
homes on second screens. It does not apply when consumers access "over the Internet" programming on
such devices outside of the home. As cable operators expand their services to out-of-home Wi-Fi networks,
however, the scope of this rule may expand and the FCC is seeking comment on whether to extend the rule
to outside of the home viewing. In a separate proceeding, the FCC is also currently reviewing what types of
over the top video service providers, in addition to traditional cable operators, should be considered MVPDs,
and these new requirements may also apply to those video providers.
While the FCC is not currently asserting authority over video providers such as Netflix or YouTube or over
video apps, the FCC could move in that direction, especially if it is successful in upholding its rules adopted
earlier this year on Internet network neutrality. Website operators and Internet video providers may,
however, already be covered by the accessibility provisions of the Americans with Disabilities act of 1990
(the "ADA") which can result in similar requirements.
Making technology accessible and available to all Americans is a policy goal of the current federal
administration. Accordingly, initially designing products and services with accessibility issues in mind can
prevent regulatory and legal problems going forward.
DOJ SIGNS AGREEMENT WITH CHAVES COUNTY, NEW MEXICO
The Justice Department announced an agreement with Chaves County, New Mexico, to improve access to civic
life for persons with disabilities. The agreement was reached under Project Civic Access (PCA), the
department’s wide-ranging initiative to ensure that cities, towns and counties throughout the country comply
with the Americans with Disabilities Act (ADA). This agreement is the fifth so far this year, as the department
recognizes the 25th anniversary of the ADA, which the Civil Rights Division plays a critical role in enforcing.
As part of PCA, Justice Department staff survey state and local government facilities, services and programs
in communities across the country to identify changes needed to comply with the ADA. The agreements detail
the remedial actions a city or county must take to improve access. The department has a PCA agreement in
every state, and this is the first agreement in southern New Mexico.
Under the agreement, the county will remove barriers to accessibility at county facilities, including the county
courthouse, administration building, health centers, medical complexes, detention center and juvenile
detention center. The county will make physical modifications to those facilities so that parking, routes into
buildings, entrances, service areas and counters, restrooms, elevators and drinking fountains are accessible
to people with disabilities. The county will also survey other facilities and programs and make modifications
ADA Articles - Page 4
wherever necessary to achieve full compliance with ADA requirements. In addition to physical accessibility,
the county will administer a grievance procedure for resolving ADA complaints, provide effective
communication for county programs and services including law enforcement, provide improved access to
polling places and the voting process and ensure that the county’s official website and other web-based
services are accessible to people with disabilities.
“Providing access to local government programs, services, and activities is critical to ensure equal
opportunities for individuals with disabilities,” said Principal Deputy Assistant Attorney General Vanita Gupta
of the Civil Rights Division. “I commend county officials for their cooperation in working with us and for
making this commitment to provide equal access to their residents and visitors with disabilities.”
The agreement was reached under Title II of the ADA, which prohibits discrimination against individuals with
disabilities by state and local governments. The department will actively monitor compliance with the
agreement, which will remain in effect for three years.
LITIGATING EMPLOYMENT DISPUTES IS EXPENSIVE
Over the years, our ADA conferences discussed numerous lawsuits resulting from employment disputes
whether they are allegations relating to pregnancy discrimination, Title VII, ADA and FMLA. Our faculty have
spoken and written that litigation can be very expensive. Many of our conference attendees indicated they
were “frustrated” by high legal expenses. As an example, one case involved the termination of a former
policeman, who was terminated in amid allegations that he was a known associate of an outlaw motorcycle
gang. He sued the city alleging discrimination and wrongful termination. The city filed for summary
judgment, a pretrial conference is scheduled for early June, and trial is scheduled to begin on July 6. To date,
the city has paid more than $150,000 in legal fees.
A second pending lawsuit alleges that another former police officer was wrongfully disciplined after displaying
comments that “appeared to show support for a man who murdered police officers in California” and
subsequently wrongfully terminated after a domestic dispute at her home when she allegedly “disobeyed a
direct order”. To date, the city has spent more than $57,000 to defend this case.
Why don’t employers consider the cost of litigation, together with whether they think they did anything
wrong or not, when evaluating whether to defend a case through trial or whether to settle a case. There is
no right or wrong answer on what to do: it is up to each employer, and each situation, to determine how to
proceed in the most effective way.
THE PERILS OF ADA ACCOMMODATION BY INFERENCE
A case out of the Federal Court of Maine provides a useful reminder that employers cannot put blinders on
when it comes to the ADA and requests for accommodation. (Heath v. Brennan (Case No. 2:13-cv-386-JDL)
The case involved a long-time postal employee who developed tendinitis in the early 1990s, forcing him to
wear arm braces at work. His co-workers teased him about the arm braces, which ranged from the mild
(“gave him a hard time”) to the salacious (“he needed the braces because he had been . . .”). His supervisors
also got into the act; on one occasion when a supervisor was asked about accommodating plaintiff, he
responded, “I’ll give him accommodations – I’ll kick his [butt).” Unsurprisingly, this behavior led to the
plaintiff filing EEOC complaints, which in turn led to settlement agreements in which the postal service was
required to educate supervisors about medical restrictions. As a side effect of the behavior he encountered,
the plaintiff subsequently developed mental health issues, including PTSD, depression and anxiety.
Several years later, the plaintiff’s supervisor tasked him with running an errand to another post office and told
ADA Articles - Page 5
him to retrieve a key from an employee in the break room. The plaintiff didn’t want to go into the break
room, fearing that he would be harassed by several employees. Instead, he asked another co-worker to get
the key for him. The co-worker agreed, but was stopped on his way to the break room by the supervisor. The
supervisor then waved the plaintiff to come over where he and the co-worker were talking. The plaintiff
refused, not wanting to go near an area where he might run into others employees with whom he had
problems in the past. The plaintiff reluctantly walked over when the supervisor called him over a second time,
asking the supervisor why he was calling on him over since the supervisor knew the plaintiff had “an issue.”
The plaintiff then offered to go get the paperwork documenting his restrictions. The supervisor first
responded that he should “go get them,” but then, as the plaintiff moved away, he “hollered” “never mind
– go home.”
The plaintiff complied and never returned to work for the postal service. He then filed an ADA claim, which
alleged – among other things – that the postal service had failed to accommodate his mental disabilities.
On summary judgment, the postal service argued that the plaintiff had no accommodation claim because he
never made a formal request to accommodate a mental disability – and specifically that his supervisors were
required to avoid stressful or unnecessary confrontations. The court rejected this argument, observing that
while the duty to accommodate usually requires a request by the employee to trigger it – such a request was
not always required. In the court’s view, the necessity of a request diminished in a case where the employer
knew or had reason to know of the employee’s disability and attendant needs.
In denying summary judgment, the court focused on the fact that the postal service had been provided
information over time from the plaintiff’s doctors about avoiding stressful situations and that this was
sufficient to put it on notice of his need for accommodation. Further, the court also felt that the supervisor’s
conduct in “hollering” at the plaintiff and telling him to “go home” was enough for a jury to determine that
he confronted the plaintiff in an unnecessary and stressful manner which failed to accommodate the
emotional disability. The case provides several reminders and lessons for employers.
First, if your idea of accommodating disabilities is to kick the employee’s “butt” you’re doing
it wrong.
Second, is the failure to follow through on the employee’s past complaints. If you have an
employee that already has complained to the EEOC and the employer already has been
required by the EEOC to instruct supervisors about the plaintiff’s medical restrictions, the
employer (1) needs to comply with the mandate, (2) needs to pay close attention to letters and
communications from his doctors, and (3) should make sure the supervisors know to tread
carefully when it comes to this particular employee.
Third, employers cannot focus solely on formal requests for accommodation by employees
to escape liability under the ADA. Accommodations are intended to be an interactive
process. As this case illustrates, if an employer knows or has reason to know of a qualifying
condition, this can be sufficient to put the employer on notice.
DOJ REACHES AGREEMENT WITH PENNINGTON COUNTY, SOUTH DAKOTA
The Department of Justice announced an agreement with Pennington County, South Dakota, to resolve
accessibility issues in the county’s services, programs, activities and facilities under Title II of the Americans
with Disabilities Act (ADA). This year marks the 25th anniversary of the ADA, which the Civil Rights Division
plays a critical role in enforcing. In honor of the anniversary, each month the Department of Justice has been
highlighting efforts that are making full participation and equal opportunity for people with disabilities a
reality.
ADA Articles - Page 6
Pennington County and the department reached an agreement under Project Civic Access (PCA), the
department’s wide-ranging initiative to ensure that cities, towns and counties throughout the country comply
with the ADA. One of the hallmarks of the agreement is the requirement that the county hire an independent
licensed architect (ILA) who is knowledgeable about the architectural accessibility requirements of the ADA.
The ILA will certify that the accessibility modifications done to the county’s facilities comply with the ADA
Standards for Accessible Design.
The agreement with the county will allow people with disabilities to participate in and benefit from the
services provided in Pennington County’s facilities including its New Administration Building, Courthouse
Complex, Jail, Jail Annex, Public Safety Building, Public Health Building, Juvenile Services Center and the
Pennington County Fairgrounds. The county will renovate and remediate everything from entrances, service
areas, counters, restrooms and parking so that people with disabilities can get into county buildings and use
the services and programs offered by the county in each of its buildings. In addition, the agreement calls for
implementing a comprehensive plan to improve the accessibility of sidewalks, transportation stops and
pedestrian crossings by installing accessible curb ramps throughout the county.
“As we continue to celebrate the ADA’s 25th Anniversary this year, [the] agreement is the sixth PCA
agreement the Department of Justice has signed in six months and exemplifies our continuing commitment
to ensure that citizens with disabilities enjoy the same services, programs and activities that all others enjoy,”
said Principal Deputy Assistant Attorney General Vanita Gupta of the Civil Rights Division. “Equal access to
local government is the cornerstone of Project Civic Access in its quest to protect the civil rights of
municipalities’ citizens with disabilities.”
CHALLENGES TO EMPLOYERS FACING ACCOMMODATION REQUESTS
If even the U.S. Equal Employment Opportunity Commission (EEOC) and the courts cannot agree how far the
Americans with Disabilities Act’s (ADA) accommodation obligation extends, how is an employer supposed to
do so?
The Sixth Circuit Court of Appeals has determined that the obligation does not require employers to allow
employees in “interactive” jobs to work from home “up to four days a week.”
While the Sixth Circuit decision is good news for employers, one needs to be cautioned against reading the
decision to mean working from home would never be a reasonable accommodation. Furthermore, the
flip-flopping that happened in that case (first the trial court threw the case out; then a panel of the Sixth
Circuit reinstated; then the full Sixth Circuit said the earlier appellate panel was wrong and tossed the case
out again) emphasized how difficult reasonable accommodation questions can be.
The sheer number of reversals in the case underscored the difficulties employers face when assessing
accommodation issues when even the supposed legal experts cannot agree on whether the refusal of an
accommodation violates the ADA.
Given these challenges, it would be easy for employers to throw up their hands, but the stakes are too high
to simply ignore the problem. Instead, employers must do all they can in order to minimize the legal risk they
face when addressing accommodation requests.
We repeat - some best practices include:
1. Consider every request on a case-by-case basis. Policies and flow charts can help
overworked HR professionals, but the ADA requires that accommodation decisions be made
on an individualized basis. Failure to consider an accommodation request because it goes
against a company policy, without further consideration, is a surefire way to risk ADA liability.
ADA Articles - Page 7
2. Communicate regularly with the employee. The ADA’s “interactive process” is called that for a
reason: It’s both “interactive” and a “process.” As an employer, you are generally entitled to
understand the underlying need for a particular accommodation, and it can be helpful for the
employee to understand any potential roadblocks or hurdles with his or her proposed
accommodation. Talking through these issues with the employee on the front end can help get the
employee invested in the process and gain buy-in on whatever decision is ultimately made.
3. Consider other accommodations. If, following an interactive discussion with the employee,
you conclude that you truly cannot provide the accommodation the employee suggests, take
some time to consider whether other accommodations may be available. The ADA invites
creative thinking and problem solving, and working to find a mutually acceptable solution with
an employee will almost certainly lead to a better outcome than outright denying an
accommodation request.
4. Be sure and contact the Job Accommodation Network (JAN) at West Virginia University
supported by a grant from the U.S. Department of Labor. They are confidential and have a lot
of expertise in helping on about reasonable accommodations. Most important - it is a free
service to employers and employees. Web Site: WWW.AskJAN.org .
USE A COMMON SENSE APPROACH
You can balance concerns about background checks by carefully considering what types of information you
need in the employee selection process. Background checks generally should be tailored to obtain specific
information that relates directly to the individual's suitability for the particular job and the organization. Not
every applicant or employee needs to be subjected to criminal or credit records check.
The following are many HR suggestions for types of background checks you can conduct:
Background checks for every individual offered a position should include a verification of
employment information for jobs held in the last 4-8 years. Be sure to check at least two, if
not more work-related references regarding the individual's qualifications and job
performance.
As a general rule, criminal conviction records should be checked when there is a possibility that
the person could create significant direct threat, safety or security risks for the employer
clients, or the public. Examples: employees who will have close contact with children; have
access to weapons, drugs, chemicals, or other potentially dangerous materials.
Credit reports typically include financial information relating to an applicant's credit standing.
Credit reports should be used only when there is a legitimate business justification, such as for
jobs that entail monetary responsibilities, the use of financial discretion, or similar security
risks.
Motor vehicle records (MVRs) are available from state motor vehicle departments. As a policy
and procedure, drivers' licenses and MVRs should be checked only for employees who will
drive as part of their job duties.
Academic information should be verified when a special level or type of education is necessary
for a particular job. Proof of professional licenses
needs to be obtained if a license is required for the position in
question.
ADA Articles - Page 8
Some employers interview neighbors, friends, or associates about an applicant's character and
general reputation. However, personal acquaintances may reveal sensitive information that
has no bearing on the applicant's ability to perform the job. The simple possession of any of
these types of information may provide the basis for a discrimination claim if the applicant is
hired.
Here are some steps you can take to help ensure your background checks that don’t adversely affecting
protected groups:
Obtain written consent before conducting any background check, including simple reference
checks. Add waivers that protect you and other employees from any liability that may arise
from background checking.
Perform checks as one of the last steps in the selection process.
Develop the background check to fit the job description in question.
Be sure you have a business-related reason for conducting a criminal background check.
Make sure the results are evaluated fairly and consistently.
Keep background checks on a need to know basis. Background check documentation is confidential.
Never file ADA or GINA information in a personnel file.
DOJ REACHES AGREEMENT WITH MADISON COUNTY, NEW YORK
The Department of Justice announced an agreement with Madison County, New York, to remedy
accessibility issues that violate the Americans with Disabilities Act (ADA). This year marks the 25th
anniversary of the ADA, which the Civil Rights Division plays a critical role in enforcing.
Madison County and the department reached an agreement under Project Civic Access (PCA), the
department’s wide-ranging initiative to ensure that cities, towns and counties throughout the country
comply with the ADA. Under the agreement, Madison County is required to, among other things, ensure
its communications with people with disabilities are as effective as its communications with people
without disabilities. This includes making documents available in alternate accessible formats such as
Braille, large print, recordings and accessible electronic format. Under the agreement, Madison County is
also required to reasonably modify its policies, practices and procedures to ensure equal access to its
programs, services and activities. County employees will also receive training on the requirements of the
ADA and appropriate ways of serving people with disabilities.
“No one should be in fear of going hungry and or being unable to take their child to the doctor because
their disability prevented them from applying for benefits for which they may be eligible,” said Principal
Deputy Assistant Attorney General Vanita Gupta of the Civil Rights Division. “Many people with
disabilities are low-income and are eligible for public benefits. The ADA requires state and local
governments to make their communications and services accessible to all people, including those with
disabilities.”
The agreement with Madison County will provide people with disabilities with accessible documents they
need to complete to receive benefits. A person who is legally blind is one of the people who will benefit
from this agreement. He relies on Medicaid and food stamps to help take care of himself and his family.
However, the county provided him with forms he could neither read nor complete in order to receive his
benefits. When he asked county staff for help filling out the forms, he was denied any assistance and told
to ask someone else to do it for him.
ADA Articles - Page 9
Experiences like the above, however, will become a thing of the past over the next three years under the
PCA agreement. Persons with disabilities share theirs story on the Justice Department blog, where each
month of 2015, the department is highlighting how PCA agreements have an impact on the everyday lives
of people with disabilities.
In addition to addressing the issues faced by people with disabilities, the settlement agreement entered
into by the department and Madison County requires the county to comply with the ADA’s architectural
accessibility requirements by remediating existing buildings, when it builds new buildings and when it
alters its buildings. Additionally, it requires the county to publish and distribute ADA information, use the
New York telephone relay service as a key means of communicating with individuals who are deaf,
hard-of-hearing or have speech impairments, conduct ADA training and submit to monitoring of its
compliance with the agreement by the department.
WHAT TO EXPECT FROM A DOJ PROJECT CIVIC ACCESS (PCA) AUDIT
By 2012, city of Cedar Rapids had moved into the former three-story federal courthouse, the hallways on each
floor of which stretch nearly an entire city block. As it renovated the building, the city planned to put all the
women’s restrooms on each floor and on the lower level on one side of the building, and all the men’s on the
other side.
“‘So I’ve gotten into the building, and now you’re telling me that the rest room is literally on the other end
of the block?’” recalled the Assistant City Manager, imagining what someone with a walker on the wrong side
of the building might say. A citizen advisory group identified the coming problem, and the rest room
geography changed. Each gender’s rest room is on every other floor on both sides of the building, at most a
one-floor elevator ride away.
The Assistant City Manager is the point person for the city in its negotiations with the U.S. Department of
Justice as the two parties close in on finalizing a settlement agreement that will give the city three years to
comply with certain aspects of the ADA and four years to comply with others.
The City Council approved taking on $4.85 million in new debt to pay for some of the work it needs to
complete in order to comply with the settlement agreement. The expectation is that the city will need an
equal amount the next two years for a total of, perhaps, $15 million, the Assistant City Manager said. She said
she didn’t anticipate any resident, even the most-ardent tax-cut advocate, would complain about spending
on ADA compliance. “I would guess there are enough people who have close relationships with someone who
benefits from this,” she said. “I think most people are surprised when you have a barrier (to accessibility) than
if you’re trying to fix it.”
The DOJ first contacted the city via letter in February 2011 with an “invitation to participate” in a
departmental audit of the city’s compliance with Title II of ADA, which addresses local governments. No one
had complained about the city to the department — but rather, it was Cedar Rapids’s turn for a compliance
review, the department’s letter said. Des Moines, Iowa’s largest city, already had its audit.
If the initial letter to Cedar Rapids in early 2011 seemed like an invitation, the settlement agreement is
anything but. “It’s like a settlement agreement for a lawsuit,” the Assistant City Manager said.
A team of a dozen or so DOJ employees conducted Cedar Rapids’s audit in June 2011, which was a weeklong
exercise that featured on-site reviews of most of the city’s major parks, its swimming pools and parking
garages and some select city facilities, including a district fire station, Veterans Memorial Stadium and the
city’s Ice Arena. The DOJ contacted the city again in July 2014 with a draft of a settlement agreement.
Many of the major flood-hit city buildings — which were either in the process of renovation or in the process
ADA Articles - Page 10
of being replaced at the time of the audit — were not in the DOJ audit and will need to be audited by an
independent architect.
However, the Assistant City Manager said, the city had its consultants sat down with the DOJ architects back
in 2011 to go over design plans for the city’s new buildings and the renovations of existing ones. “We wanted
our architects to know that it’s not if the Department of Justice looks at your buildings, but when,” she said.
The audit of the city’s district fire station at 206 29th St. NE — built in the late 1990s a few years after the ADA
went into effect in January 1992 — is instructive of the kinds of fixes that the city may face in buildings it built
or modified after 1992, except for those that were worked on after the 2008 flood.
For example, a sign on a bathroom in the fire station is mounted too high, as is a towel dispenser, and pipes
under a sink need to be recessed and a hot water pipe covered so someone in a wheelchair can’t hit them.
Luckily, the city can sidestep a bigger ticket item by moving a handicapped parking spot behind the fire station
instead of reducing the slope of the sidewalk from the current spot to the front of the building.
The Assistant City Manager said much of the DOJ focus was on the city’s parks and recreational venues. She
added that the city’s parks are “troublesome” because they are old, big and feature plenty of amenities where
the public must get from parking lots to tennis courts, swimming pools, park pavilions and more.
Specifications for the slope of pathways are demanding and will require some fixes, she said.
The city also projects that it will need to replace 12 water fountains — at a cost of about $10,000 each — so
each fountain has a higher and lower place to drink.
However, the biggest cost the city faces as part of its settlement agreement with the DOJ involves the
installation of curb ramps where sidewalks meet the street. According to city figures, there are 10,300
locations in the city where curb ramps are required, and of that total, 8,000 may need to be addressed. Some
5,000 have been put in place before or since the ADA went into place in 1992 and likely no longer meet
current specifications or have been damaged by the state’s freeze-thaw cycles. Another 3,000 are not in place
need to be installed. At an estimated cost of $1,500 each, it could be $12 million of work. “That’s a lot of
ramps,” the Assistant City Manager said. She added that the DOJ is giving the city one year to come up with
a plan and three years after that to deliver.
A civil engineer in the city’s Public Works Department who works on ADA matters including sidewalks, said
curb ramps are both “design intensive” and “construction intensive” because they must be removed and
replaced if the grade up and down exceeds an allowable specification or if the cross slope does. The curb
ramps also are colored so pedestrians with limited visibility are alerted to the street corner, and the ramps
come with small, detectable domes to help notify the visually impaired. The domes, which civil engineer called
“the little red things at the end of the sidewalk,” ideally are spaced to allow a wheelchair to pass without too
bumpy a ride. “It’s by no means a simple task, that is for sure,” the civil engineer said. “The design and
construction is not easy. But it really comes down to how many we have to do and when.”
The Assistant City Manager said she has read several settlement agreements between the DOJ and other
cities, and curb ramps are a major element in all of them. The city of Iowa City also has been back and forth
with the DOJ in the past year over curb ramps after someone lodged a complaint about the condition of curb
ramps there. However, the, administrative assistant in the Iowa city manager’s office, said the DOJ “is pleased
with the direction we’re moving” and has not issued any directive to the city.”
WHAT TO DO BEFORE THE RELEASE OF WEBSITE ACCESSIBILITY REGS BY DOJ
Recent settlement agreements with DOJ have seen an increased focus on website accessibility (and the
addition of mobile applications) and at the state level regulators are increasingly pursuing self-initiated
ADA Articles - Page 11
compliance actions focused on allegations of inaccessible technology including websites.
Despite the lack of formal regulations, companies seeking to assess the accessibility of their websites do have
guidelines to look to that have obtained near-universal support. Regulatory efforts to date (e.g., this past
winter’s Notice of Proposed Rulemaking to revise and update Section 508 of the Rehabilitation Act), recent
settlements with DOJ and state regulators, and testimony during various stages of recent rulemaking efforts
all point to the World Wide Web Consortium’s Web Content Accessibility Guidelines 2.0 (at the Level A and
AA) as the appropriate measure of an accessible website. Jurisdiction and private firms need to explore this
issue, assess their risk of exposure, and take steps to minimize their susceptibility to investigations or
litigations there are clear steps to take.
Websites need to be audited for compliance with WCAG 2.0 Level A and AA using both a user-based and
programming-based dual approach. Most automated tools seem to be insufficient. Website accessibility
policies along with the practice and procedures to assist in their implementation need to be drafted and
adopted to help manage the issue in the present and on a going forward basis. Third, the necessary parties
need to be trained on these policies, practices, and procedures. Lastly, accessibility needs to become an
integrated part of each company’s infrastructure and for the decision-making processes.
All Title II jurisdictions must have an ADA Coordinator per the DOJ Rules and Regulations
It is cheaper to educate, than litigate. The ADA is a Civil Rights Law.
2015 Fall ADA Conference - 54th National Conference
Co-sponsored by the City of San Diego
“The ADA at 25 - Present and Future”
October 19-22, 2015
San Diego, California
It’s time to get back to work on ADA compliance.
What are the ADA barriers that still confront us today?
Attend the conference to learn how we can plan to address the expected ADA problems of tomorrow.
ADA Articles - Page 12
“The ADA at 25 - Present and Future”
Cosponsored by the City of San Diego
Day One - Monday, October 19, 2015 - Morning General Sessions, Conference Program - Page 1
7:45a - 8:30a
Continental Breakfast and Registration
WELCOME
8:30a - 8:55a
9:00a - 9:30a
Phong Nguyen, Association Chairman of the Board and Conference Coordinator
Kevin L. Faulkner, Mayor of San Diego (invited)
Paul Hagle, Executive Director
THE FURTHER BACK I LOOK, THE FURTHER FORWARD I CAN SEE
The ADA Today and Tomorrow - Conference Keynote
John Wodatch, J.D., P.A.
Deputy Assistant Attorney General (ret.), U.S. Department of Justice, Washington, DC
Association President - Member of the Board of Directors
WHAT’S HAPPENING AT THE DOJ - DOJ KEYNOTE
9:30a - 10:30a
(1 PA CEU)
This session will update you on several Notices of Proposed Rulemaking (NPRM) dealing with the
definition of disability, web accessibility and regulations will be discussed. This is an opportunity
to review what has occurred in recent months at the U.S. Department of Justice. We will cover
current and important emerging ADA case law, issues and the work of DOJ with U.S. Attorneys
offices throughout the U.S. A review of the new DOJ (6/8/2015) technical assistance document,
ADA Update: A Primer for State and Local Governments.
With the goal of avoiding litigation while assuring your ADA policies and decisions are up-to-date,
we open the floor to your questions relating to best practices and how we can help you be your
most effective in meeting your responsibilities.
Eve Hill, Esquire *
Deputy Assistant Attorney General, Civil Rights Division, U.S . Department of Justice
WHAT’S HAPPENING AT EEOC - EEOC KEYNOTE
10:45a - 12:00p
(2 PA CEU)
This is an interactive session covering important issues such as harassment, retaliation, the
interactive process, reasonable accommodations, leave policies and reassignment. An important
update on new, important ADA case law and Title I and II regulations from a practical point of view
is also presented. This is the participants’ opportunity to ask questions to determine the impact
the cases will have on their respective workplaces as well as best practices that can be considered
by employers.
Other discussions will include the newly issued EEOC guidance on LGBT Discrimination
Protections, and Pregnancy related ADA issues. The session will revolve around cases that are
moving through the courts on many issues including GINA other civil rights issues that impact the
ADA and ADAAA.
Christopher Kuczynski, J.D., LL.M.
Acting Associate Legal Counsel & ADA/GINA Policy Director, Office of Legal Counsel,
U.S. E.E.O.C., Washington, D.C.
Hosted Luncheon
National Institute on Employment Issues
Conference sessions and faculty subject to change * without notice due to unforeseen circumstances.
12:00p - 1:00p
Day One - Monday, October 19, 2015 - General Sessions AFTERNOON Workshops
Conference Program - Page 2
Time Periods
Workshop Synopsis
THERE IS NO SUCH THING AS PUBLIC OPINION.
THERE IS ONLY PUBLISHED OPINION.
1:00p - 2:00p
and
2:15p - 3:15p
( 2 PA CEU )
This session will continue to examine the recent settlements and Circuit Court decisions applying
the rules and regulations of ADA and GINA. Participants are encouraged to ask questions about Title
I rules and regulations as well as GINA (Genetic Information Nondiscrimination Act).
Christopher Kuczynski, EEOC
Acting Associate Legal Counsel, ADA/GINA Policy Director, Office of Legal Counsel,
U.S. E.E.O.C., Washington, D.C.
HOW TO SUCCEED - FUNDING AND RESOURCES
Negotiating the Bureaucracy and Other Issues
3:30p - 4:30p
( 1 PA CEU )
The session will strive to help you work within your bureaucracy to ensure you will have the
knowledge, funding, and resources - and buy-in - you’ll need to succeed. You are your
agency’s/entity’s/company’s ADA Coordinator. Where do you start? How do you make progress?
What do you need to know? What training and/or resources will you and your co-workers (and
managers) need? Who do you have to work with/under? How do you convince them that what you
need to do is required and important?
Irene Bowen, Eve Hill*, Chris Kuczynski, Paul Grossman, John Wodatch
You’re Invited
Association President’s and Board’s Reception
Tuesday, October 20, 2015, 4:45p - 6:00p
Semi-Annual Karaoke Night and Conference Attendee Get Together
Wednesday, October 21, 7:30 - 10:30 PM
Donated First Prize of $100, and three other donated prizes of $30 each based
on audience voting.
Snacks and Refreshments for All Participants at Both the Above Events
Day Two - Tuesday, October 20, 2015 - Concurrent MORNING Workshops
Conference Program - Page 3
Time Periods
Track
Workshop Synopsis
Continental Breakfast and Registration
8:15a - 9:00a
FOR THOSE ELIGIBLE IN THE PROFESSIONAL ASSOCIATE (P.A.) PROGRAM ONLY: There will
be advanced workshops available for the next two consecutive time slots for the Access,
Services, Design Track, Employment Track, and Higher Education tracks. Eligible PAs will be
contacted after registration & prior to conference to confirm attendance.
9:00a - 10:20a
( 1 PA CEU ea
BASIC )
“GETTING TO KNOW YOU” - ADA BASICS - ACCESS TO SERVICES & PROGRAMS
Understanding the ADA Basics or learning to walk before we can run. This session covers
ACCESS, SERVICES, ADA basic principles in public and private entities. We look at equal opportunity; reasonable
& DESIGN
modification of policies, practices, and procedures; effective communication; services in
integrated settings and a broad coverage of persons with disabilities and how all these apply
to your programs, services and activities.
Irene Bowen, Jack Catlin, Dean Perkins
(Jim Terry and John Wodatch to lead Advanced P.A. Access session)
MEASURE FOR MEASURE
( 2 PA CEU ea
ADVANCED )
EMPLOYMENT
Turning to the statute and the regulations, this session focuses on the language of the ADA
and its implementing regulations. Definitions, rules of construction, major life activities,
and substantial limitations are all explored, helping the new ADA Coordinator gain context
and understanding of the ADA. Questions and discussion of real-life situations are
encouraged, providing enhanced value to the session.
John Golom, Brian Nelson, Mary Jo O’Neill
( Chris Kuczynski and Paul Hagle to lead advanced P.A. Employment session)
FUNDAMENTALS I
Compliance Requirements for the ADA Coordinator
HIGHER
EDUCATION
ACCESS,
SERVICES, &
DESIGN
This session will explain the basic requirements for an ADA Coordinator and provide
practical suggestions for best practices to comply with the ADA-AA and the DOJ Title II and
Title III regulations. Overlapping issues including cultural diversity, athlete requests, and
modifications requested for Title IX issues, international students and confidentiality will
also be discussed.
Melissa Frost, Paul Grossman
(Jim Long will lead the advanced P.A. Higher Education session)
LET’S ADD AN ELEVATOR TO THE “STAIRWAY TO HEAVEN”:
The Basics of New Construction, Alterations, and Existing Facilities
How do you make new and altered buildings accessible or provide program access to
existing facilities? We will highlight the 2010 ADA Accessibility Standards, the new standards
on recreation facilities, cover how to avoid the most common compliance pitfalls, and use
drawings and photos to illustrate the most important of these ADA ‘basic’ principles.
Jack Catlin, Dean Perkins, Jim Terry
THE TAMING OF THE SHREW
10:40a - 12
Noon
EMPLOYMENT
( 2 PA
CEU’s ea )
Establishing qualification standards, employment testing, and medical testing are often
misunderstood in the context of the ADA. This session provides clarification on how
employers can stay away from problematic employment practices while still meeting
business needs. Faculty will also address GINA considerations when conducting medical
testing.
John Golom, Brian Nelson, Mary Jo O’Neill
FUNDAMENTALS II
Documentation and the Interactive Process
HIGHER
EDUCATION
12:00 - 1:00p
This session will discuss best practice in applying the new Title III regulations and the LSAC
consent decree and panel best practice recommendations for high stake testing to your
documentation process. Learn how to effectively communicate with healthcare
professionals to get the information you need.
Melissa Frost, Paul Grossman, Phong Nguyen
Hosted Luncheon
National Association of ADA Coordinators
Day Two - Tuesday, October 20, 2015 - Concurrent AFTERNOON Workshops - Conference Program - Page 4
Time Periods
Track
Workshop Synopsis
ACCESS,
SERVICES, &
DESIGN
“A BRIDGE OVER TROUBLED WATERS” – CREATING AN EFFECTIVE COMPLIANCE PROGRAM
This interactive session explores how to establish and strengthen an effective ADA implementation
program. Whether you’re a new or experienced ADA Coordinator or have other types of
responsibilities, you have something to offer and something to learn. We’ll consider the topics you
choose, including these possibilities: the basics of a effective program, how to establish and
strengthen the ADA Coordinator’s role, how to develop policies, how to assess compliance, and how
to work with your entity and your community. Together we explore challenges, ideas, successes.
Irene Bowen, Jack Catlin, Dean Perkins, Jim Terry, John Wodatch
EMPLOYMENT
MUCH ADO ABOUT NOTHING
It’s inevitable. Just when an employer is about to discipline an employee for workplace conduct,
she/he discloses that she/he has a disability. This session explores options for employers when
employees try to link disability-related limitations to either workplace performance or workplace
conduct. Participants are encouraged to contribute to the discussion with real-life situations.
John Golom, Chris Kuczynski, Brian Nelson, Mary Jo O’Neill
HIGHER
EDUCATION
A STITCH IN TIME SAVES NINE – FUNDAMENTAL ALTERATION
This scenario-based session will explore how to determine the academic and technical elements of
a department, program and class and will discuss best practice for analyzing requests for
substitution and waiver, attendance or homework modifications, and other accommodations. The
session will also address the distinction between testing entities covered by Title lll and Title ll that
administer tests, and post-secondary institutions covered by Title lll only. Finally, the session will
also include discussion of the “undue financial/ administrative burden”.
Melissa Frost, Paul Grossman, Jim Long
ACCESS,
SERVICES, &
DESIGN
DON’T BE “LIVIN’ ON A PRAYER”
Making Reasonable Modifications to Policies, Programs, and Procedures
Public and private entities too frequently misunderstand their obligation to make reasonable
modifications in their policies, programs, and procedures where necessary to ensure equal
opportunity. Learn how the DOJ regulations, recent case law, and precedent-setting Federal agency
decisions apply. The session will address what’s “necessary” and what a fundamental alteration is,
and provide guidance on service animals and other mobility devices.
Irene Bowen, John Wodatch
EMPLOYMENT
THE TEMPEST
Turning again to the actual text of the statute and the regulations, this session will focus on
scenarios helping employers determine whether an employee poses a direct threat. Employer
obligations for accommodation and the propriety of requesting an independent medical
examination will also be explored.
John Golom, Chris Kuczynski, Brian Nelson, Mary Jo O’Neill
HIGHER
EDUCATION
IF I HAD A CRYSTAL BALL – ASSESSING AND ACCOMMODATING TEMPORARY DISABILITIES
How do you handle requests for accommodation for pregnancy, pregnancy-related conditions or
concussions? From athletics to extracurricular activities, this scenario-based discussion will aid you
in learning how to access and provide interim accommodations for disabilities of uncertain duration.
Melissa Frost, Paul Grossman, Jim Long
ACCESS,
SERVICES, &
DESIGN
“I’M BEGINNING TO SEE THE LIGHT” – THE ADA IN PHOTOS: FAILURES/SUCCESSES IN DESIGN
Can you spot the ADA problem? Does the design solution pass muster? You won’t have more fun
than this all week - unless it’s Karaoke! Our team of expert architects will share photos of
accessibility challenges and solutions taken from their travels around the United States.
Jack Catlin, Dean Perkins, Jim Terry
1:00p - 2:00p
( 1 PA
CEU ea )
2:15p - 3:15p
( 1 PA
CEU ea )
3:30p - 4:30p
(1 PA
CEU ea)
EMPLOYMENT
HIGHER
EDUCATION
COMEDY OF ERRORS
An employer’s policies are often Exhibit #1 in litigation. Developing employment policies that do
not run afoul of the myriad of employment laws requires both skill and finesse. The session focuses
on crafting policies that are both necessary and defensible. This is a highly interactive session.
John Golom, Chris Kuczynski, Brian Nelson, Mary Jo O’Neill
WHEN THEY COME A’ KNOCKING – RESPONDING TO AN OCR CHARGE OF DISCRIMINATION
This electronic information technology (E.I.T.) scenario-based section will explain the new Dear
Colleague letter for effective communication including web-based technology, provide changes in
the new OCR case processing manual and address effectively responding to a charge of
discrimination.
Paul Grossman, Jim Long
Day Three - Wednesday, October 21, 2015 - Concurrent MORNING Workshops
Conference Program - Page 5
Time Periods
Track
Workshop Synopsis
Continental Breakfast and Registration
8:15a - 9:00a
IT’S NOT “HELTER SKELTER” – ACCESS TO EXISTING PROGRAMS/FACILITIES
ACCESS,
SERVICES, &
DESIGN
Do you understand program accessibility? This session tackles how the ADA applies to
a public entity’s existing facilities. What are non-architectural solutions? What does “as
a whole” mean? Learn the criteria that the Department of Justice applies when
determining how many facilities of the same type to make accessible. The session will
look at the 2010 Justice standards for pools, playgrounds, and other recreation
facilities, and how to approach polling place access.
Irene Bowen, Jack Catlin, Jim Terry, John Wodatch
9:00a - 10:20a
AS YOU LIKE IT – PART 1
( 2 PA
CEU’s ea)
Reasonable accommodation and the interactive process are two of the most
fundamental components of the ADA. This session reviews the reasonable
accommodation requirement and an employer’s obligations once a request for an
accommodation is received. Thorough discussions of essential functions and job
descriptions provide invaluable guidance and realistic assistance.
EMPLOYMENT
John Golom, Paul Hagle, Brian Nelson, Mary Jo O’Neill
YESTERDAY, TODAY AND TOMORROW – THE LEGAL YEAR IN REVIEW
HIGHER
EDUCATION
Recent case law and OCR settlement agreements will demonstrate the requirements
for campus accessibility compliance.
Paul Grossman
CAPTIONING “THE SOUND OF MUSIC” – EFFECTIVE COMMUNICATION
ACCESS,
SERVICES, &
DESIGN
How does your agency communicate with the general public? With your clients and
customers? Do you effectively communicate with persons with disabilities, including
persons who are blind or have low vision and persons who are deaf or hard of hearing?
You will learn what effective communication is, what auxiliary aids are effective, what
the most persistent issues are, and five steps toward compliance.
Irene Bowen, John Wodatch
AS YOU LIKE IT – PART 2
10:40a - 12 Noon
( 2 PA
CEU’s ea)
EMPLOYMENT
This session continues the discussion of reasonable accommodation under the ADA.
Focus in this session is on the interactive process and the associated responsibilities of
both the employee and the employer. The undue hardship defense is addressed and
scenario-based, complex situations provide opportunities for questions, argument, and
engagement.
John Golom, Brian Nelson, Mary Jo O’Neill
THE WILD SIDE – CODE OF CONDUCT
HIGHER
EDUCATION
This scenario-based session will present the policy essentials for best practice to
address conduct issues including threat assessments, conduct dismissal, readmission,
not otherwise qualified, grievance procedures and the possible overlap between
disability and Title IX issues.
Melissa Frost, Paul Grossman, Jim Long
12:00p-1:00p
Hosted Luncheon
National Association of ADA Coordinators
Day Three - Wednesday, October 21, 2015 - Concurrent AFTERNOON Workshops - Conference Program - Page 6
Time Periods
Track
Workshop Synopsis
ACCESS,
SERVICES, &
DESIGN
‘MY FAVORITE THINGS” – SELF-EVALUATIONS AND TRANSITION PLANS
The Department of Justice’s ADA regulations have detailed requirements for planning in meeting
the public entity’s obligation to make all its programs accessible. Learn the ADA requirements for
self-evaluations of policies and practices along with transition plans for facilities, and receive
practical, detailed guidance on how to put the theory into practice.
Irene Bowen, Jack Catlin, Dean Perkins, Jim Terry
EMPLOYMENT
THE PASSIONATE PILGRIM
With mental health diagnoses becoming more and more common, employers face difficult
challenges in addressing an ever-increasing number of requests for accommodation. This session
focuses on mental health issues in the workplace and strategies for employers in providing
appropriate and effective accommodations. Resources for employers will also be explored.
John Golom, Brian Nelson, Mary Jo O’Neill
HIGHER
EDUCATION
WHAT IF? EFFECTIVELY ACCOMMODATING STUDENTS WITH PSYCHIATRIC DISABILITIES
This session will use scenarios to discuss the characteristics of some of the most common mental
health issues on campus. It will also address requests for accommodations such as memory aids,
formulas, open-book, open-note, and homework and testing flexibility.
Melissa Frost, Paul Grossman, Jim Long
ACCESS,
SERVICES, &
DESIGN
“BOTH SIDES NOW” – PUBLIC/PRIVATE ENTITIES AND CONTRACTING
Is a public entity still responsible when it contracts with a private entity to carry out a program?
This session explores the often-misunderstood relationship between public entities covered by
Title II of the ADA and private entities covered by Title III of the ADA, from the perspective of the
public entity. Understand the respective responsibilities under grants, contracts for services and
products or other types of cooperative ventures, and explore ways to draft and monitor contracts
and other agreements.
Irene Bowen, Jack Catlin, John Wodatch
EMPLOYMENT
THE MERCHANT OF VENICE
Employers that focus on the cost of providing accommodations are clearly focusing on the wrong
thing. In fact, providing accommodations for employees rarely impacts the bottom line. Decisions
made based on unintentional bias, incorrect perceptions or ignorance can, however, be very
costly indeed. This session focuses on managerial bias and the real cost of engaging in
discriminatory behaviors.
John Golom, Paul Hagle, Brian Nelson, Mary Jo O’Neill
HIGHER
EDUCATION
IN THE CLASSROOM AND BEYOND - ACCOMMODATIONS FOR CLINICALS AND STUDY ABROAD
Title II and III require that accessibility extend beyond the classroom. This scenario-based
discussion will highlight legal requirements and present a variety of accessibility options for
accommodating students participating in clubs, medical, education, or other clinical settings, and
best practice for study abroad accommodation requests.
Melissa Frost, Paul Grossman, Jim Long
ACCESS,
SERVICES, &
DESIGN
“IT WAS A VERY GOOD YEAR” – HEADLINE NEWS AND QUESTIONS
There is so much ADA action, across the nation, it’s tough to stay current. Learn the latest
headlines and developments, recent court actions, next steps in Federal rulemaking, Federal
agency findings and cases, the most recent trends and happenings. We’ll help you get the
information you need to stay on top of current ADA issues.
Irene Bowen, Dean Perkins, John Wodatch
EMPLOYMENT
WINTER’S TALE
Ever wonder what a healthcare provider really thinks about all the requests, forms, phone calls,
and other miscellaneous items she/he receives from employers? This session will tell you. ADA,
FMLA, Workers’ Compensation, back-to-work programs, and employee restrictions will all be
addressed by a treating physician, providing unique perspective into engagements with
healthcare providers.
John Golom, Brian Nelson, Phong Nguyen, Mary Jo O’Neill
HIGHER
EDUCATION
TWENTY-FOUR/SEVEN – LIVING ON CAMPUS
This scenario-based session will cover requests for single student with a disability to occupy a
double room, food service accommodations, assistance animals (service animal v. emotional
support), mobility devices and emergency preparedness.
Melissa Frost, Paul Grossman, Jim Long
1:00p - 2:00p
( 1 PA
CEU ea )
2:15p - 3:15p
( 1 PA
CEU ea )
3:30p - 4:30p
( 1 PA
CEU ea )
Day Four - Thursday, October 22, 2015 - Concurrent MORNING Designated Sessions
Conference Program - Page 7
Time Periods
Track
Continental Breakfast and Registration
8:15a - 9:00a
ACCESS,
SERVICES, &
DESIGN
“GEE, OFFICER KRUPKE” WHERE’S THE INTERPRETER?
LAW ENFORCEMENT AND THE ADA
How the ADA applies to the arrest process is much in the news. Recent headlines
provide more and more stories of contact between law enforcement and people with
disabilities - sometimes with undesirable outcomes. Some of these contacts lead to
agreements with expensive settlements at all levels of law enforcement including
courts, jails, and prisons and some bring us case law to learn from and understand. The
session will provide a practical and real world application of Title II to the police and law
enforcement.
Irene Bowen, Michael Sullivan, John Wodatch
EMPLOYMENT
TWO GENTLEMEN OF VERONA
Stepping away from the general focus of reasonable accommodation, this session will
address two other potentially problematic employer issues - disparate treatment and
harassment. Using case-based scenarios, claims of “hostile work environment” will be
explored, and discussion will focus on potentially discriminatory decisions and the
necessary responses by an employer when it receives a complaint of harassment or
discrimination.
John Golom, Brian Nelson, Mary Jo O’Neill
HIGHER
EDUCATION
HOW DOES YOUR CAMPUS MEASURE UP?
PHYSICAL CAMPUS ACCESS UPDATE
Students, the accessibility office, faculty and staff, each play an important role in
providing accessibility. This session will describe the basic necessary components of
campus physical access including the importance of the mutual facets of the interactive
process, and addressing complaints from those with disabilities such as what
constitutes a complaint? Who knew about it? When? Training faculty and staff to
recognize complaints, and then explore campus collaboration including initiatives,
committees, policy, to turn your transition plan into an accessible integration plan for
universal design.
Jack Catlin, Melissa Frost, Jim Long
ACCESS,
SERVICES, &
DESIGN
YES, YOU CAN GET THERE FROM HERE – DEVELOPMENTS IN TRANSPORTATION
Discussing new standards, technical assistance and proposed guidelines for transportation
facilities, we’ll hit the highlights of the Guidelines for Accessible Public Rights of Way
(final rule expected in 2016 with potential adoption by DOT in late 2016); current
Standards for Transportation Facilities covering street crossings, curb ramps &
detectable warnings; construction & alternate routes; and outdoor developed areas,
trails & shared use paths. We’ll also discuss the DOJ-DOT Joint Technical Assistance on
resurfacing; alterations vs. maintenance.
Jack Catlin, Dean Perkins
EMPLOYMENT
ALL’S WELL THAT ENDS WELL
As the final session of the conference, this is the opportunity for participants to have
any outstanding questions addressed and to “pick the brains” of the panel members.
A final series of ADA scenarios will be presented to engage and challenge the
participants into applying what they have learned throughout the conference.
John Golom, Paul Hagle, Brian Nelson, Mary Jo O’Neill
HIGHER
EDUCATION
IT TAKES A CAMPUS – EVENT ACCESSIBILITY
From ticketing to accessible routes, sign language interpreters to accessible seats and
vending, learn effective strategies to ensure every campus event is accessible.
Irene Bowen, Melissa Frost, Jim Long
9:00a - 10:20a
( 2 PA
CEU’s ea)
10:40a - 12 Noon
( 2 PA
CEU’s ea)
Workshop Synopsis
12:00p-1:00p
LUNCH
MEDICAL EDUCATION DEVELOPMENT AND INTERNATIONAL CONSULTANTS
DAY FOUR - THURSDAY, October 22, 2015 - AFTERNOON GENERAL SESSIONS
Conference Program - Page 8
Time Periods
Designated Sessions - All Participants
PROGRAM ACCESS TO STREETS AND SIDEWALKS, AND MOBILITY DEVICES
1:00p - 2:00p
( 1 PA CEU )
We’ll survey requirements for ensuring program access to streets and sidewalks, best practices
or new guidelines to follow, and policies about mobility devices.
Irene Bowen, Dean Perkins
NAVIGATING THE DIGITAL LANDSCAPE – Part 1
Public Entities, Web Sites, and Electronic and Information T echnology
2:15p - 3:15p
( 1 PA CEU )
There’s no reason to wonder any longer if web sites and electronic and information
technology (EIT) are “covered” by the ADA. The federal government has stepped up
enforcement and rulemaking, and advocates are making strides in requiring accessibility
even in the absence of federal standards. This session addresses the principles of access to
the digital landscape and how to approach it – including web sites, e-book readers, kiosks,
digital formats of materials, video recordings, and email.
Irene Bowen, Dean Perkins, Melissa Frost, John Wodatch
NAVIGATING THE DIGITAL LANDSCAPE – Part 2
What will the ADA Coordinator (Not the T.) Need to Understand?
508, W3C & WCAG 2.0, ETC.
3:30p - 4:30p
( 1 PA CEU )
What’s new and upcoming in regulations and guidance for providing accessibility to
electronic and information technology: i.e., your websites, and e-mails, videos, and . . . . ?
We’ll cover DOJ’s rulemaking for Title II websites, the proposed TEACH Act for post-secondary
education, the Access Board’s update of section 508 standards, settlements, cases, and best
practices.
Irene Bowen, Melissa Frost, Dean Perkins, John Wodatch
Have a safe trip home!
Now is the time to plan for the Association’s 55th National ADA Conference
April 11 - 14, 2016
Tampa, Florida
Fall 2015 Conference - Information & Registration - October 19-22, 2015, San Diego, CA
Must Pre-Register
NO Registrations Accepted at the Door
Conference information includes Early Bird Discount
EARLY BIRD, full conference, registration fee (* see below) available if registration and payment, by credit card or check only,
is received by the Association, no later than August 21, 2015. (No exceptions)
If three or more participants from the same entity wish to register and pay in full at the same time, please call for special registration rates.
To RESERVE your space, please FAX this completed registration form to: (877) 480-7858, OR scanned PDF copy to [email protected]
Regular registrations must be paid in full and received no later than October 2, 2015, or space/materials will be not reserved.
For information, please call 888-679-7227 and leave message with your contact number and best time to contact you.
Mail registrations and make payments to: National Association of ADA Coordinators, P.O. Box 958, Rancho Mirage, CA 92270
CONFERENCE AND HOTEL INFORMATION
CONFERENCE REGISTRATION
The conference is being held at the San Diego Marriott Mission Valley
Hotel, 8757 Rio San Diego Drive, San Diego, CA 92108. Complimentary
shuttle provided from/to San Diego International Airport. Guestroom
Internet is complimentary. Self-parking available for $8/day. Participant
is responsible for making own lodging reservation. Credit card
guarantee is required. The Association has negotiated a special
conference rate from three days before/after the conference at a per
room rate of $149.00 per night, plus taxes (single/double) if reserved by
9/28/2015, provided room block has not been sold out. To make lodging
reservations call Marriott reservations at (800) 228-9290 or the hotel at
(619) 692-3800; and mention you are attending the National Association
of ADA Coordinators conference. Persons with disabilities: Please make
requests for any sleeping room accommodations at the time you reserve
room.
Rate includes hosted continental breakfast(s), breaks, & luncheon(s) for Mon thru Thurs.
In order to participate in the training, I have need of:
(Federal Tax Number is 33-0595554, nonprofit 501(c)(3) corporation)
Conference Dates
Mon.
10/19/15
Tue.
10/20/15
Wed.
10/21/15
Thu.
10/22/15
ASSOCIATE - Daily Only Rates - NON-ASSOCIATE
[ ] $575
[ ] $675
[ ] $575
[ ] $675
[ ] $575
[ ] $675
[ ] $575
[ ] $675
All Four Days of the Conference
ASSOCIATE - Full Conference After 8/21/2015 [ ] $1,995
* ASSOCIATE - Early Bird by 8/21/2015 [ ] $1,895
NON-ASSOCIATE - Full conference after 8/21/2015 [ ] $2,595
*NON-ASSOCIATE - Early Bird by 8/21/2015
[ ] $2,395
__________________________________________________________
(The Association must know of accommodations required for training no
later than 9/19/2015. If an assistant attends, the person must register,
attend same conference workshop sessions as person requiring the
accommodation, and pay $350 per day to cover costs of food and
materials.
You must be either a current, up-to-date Associate to register at the Associate rate.
ANY CANCELLATION must be in writing to us no later than 10/2/2015 (no
exceptions) and is subject to a processing fee of $575. Remaining balance, after
processing fee is deducted for any cancellation on or after 10/2/2015, can only be
applied to the Association’s Spring 2016 or Fall 2016 national conferences. There
are no refunds or credits for any no-shows on or after 10/12/2015.
JOIN or RENEW YOUR ASSOCIATE STATUS
TOTAL AMOUNT and METHOD OF PAYMENT
The Association offers many benefits including reduced rates for
workshops/conferences, a bi–monthly newsletter, an annual Associates’
Directory for networking purposes, and a lapel pin. To join, complete
contact information, check appropriate associate box below and include
your fee. If you join or renew and pay the first year dues at the time of
registration, you can attend the conference at the Associate’s rate.
[ ] Individual Associate – $175;
[ ] Organization Associate – $325
See our web site (www.askJAN.org/NAADAC) for updated information on
the Professional Associates (PA) Program: You must include a
completed copy of the PA application form found on the web site and
include an additional one-time [ ] $100 application fee per application,
to become a participant in the Association’s P.A. program.
[ ] Visa/MasterCard [ ] Amex [ ] Check
Cardholder:________________________________________________________
Card number:______________________________________________________
Expiration:_______________Total Amount: $________________________
(Credit cards processed for the Association by conference planner, will show
the words National Institute on Employment Issues - NIEI on your statement)
[ ] Purchase order #:________________________________________________
A copy of a fully approved purchase order by your organization must be received
with registration form(s) no later than 10/2/2015, and be accepted and invoiced
by the National Association of ADA Coordinators or space will not reserved. Any
P.O. must be paid within ten days after the conference or an additional charge of
$100 may be applied.
PARTICIPANT/ASSOCIATE INFORMATION
Name:___________________________________________________________________Title:___________________________________________________
PLEASE: Indicate conference track of most interest to you:___________________________________________________“ACCESS” ENTERED, IF LEFT BLANK
Organization:_____________________________________________________________________________________________________________________
Address:_____________________________________________________City:____________________________S T:_______ Zip:______________________
Phone:(_______)_____________________ FAX:(______)________________________ Email:_____________________________________________________
May we list your email in the conference participant list for networking purposes? Please circle:
Yes
No
Signature Required:_____________________________________________________ Date Ap proved:_____________________
(W615)
Fall 2015 - Conference Keynotes and Faculty
Deputy Assistant Attorney General (ret.), DRS
U.S. Department of Justice, Washington, D.C.
John Wodatch, J.D., P.A.
John Wodatch is a disability rights attorney who retired after 42 years of Federal government service. He
authored the Federal government’s first comprehensive disability rights regulations, the regulations implementing
section 504 of the Rehabilitation Act. He is one of the drafters of the Americans with Disabilities Act as he served
as the Department of Justice’s chief technical expert during the writing and passage of the ADA. He was the chief
author of the Department of Justice’s 1991 ADA regulations, created DOJ’s initial ADA technical assistance
programs, and assembled the Department’s ADA enforcement staff. From 1990 until 2011 he served as the
Director and Section Chief overseeing all interpretation, technical assistance, and enforcement of the ADA at the
Department of Justice. Just before he retired, he was responsible for the first major revision of the Department’s
ADA regulations, including the 2010 Standards for Accessible Design. In 2010 he was honored with the
Presidential Distinguished Rank Award for exceptional achievement in his career. He is now serving clients as
an expert in the application of the ADA’s requirements for accessible design and program accessibility for State
and local governments and private businesses. On the international level, John is continuing his work seeking
U.S. ratification of the United Nations Convention on the Rights of Persons with Disabilities. He received a B.A.
from Trinity College, an M.P.A. from Harvard University, and a J.D. from the Georgetown University Law School.
John is the President/CEO of the Association and is a member of the Association’s Board of Directors.
ADA TITLE I AND GINA
Acting Associate Legal Counsel and Director, ADA/GINA Policy Division
U.S. E.E.O.C., Washington, D.C.
Christopher Kuczynski, J.D., LL.M.
Mr. Kuczynski joined the Commission in February 1997 as Assistant Legal Counsel and Director of the ADA Policy
Division (now the ADA/GINA Policy Division). Chris supervises the development of regulations, policy guidance,
and technical assistance publications on Title I of the Americans with Disabilities Act (ADA) and Title II of the
Genetic Information Nondiscrimination Act (GINA), and regularly advises EEOC field and headquarters offices,
including the offices of the Chair and Commissioners, on complex ADA and GINA issues. His leadership was critical
in the issuance of final regulations implementing GINA (published in November 2010) and the ADA Amendments
Act (published in March 2011).
Chris has made 29 presentations on the ADA, and more recently on GINA, to our Association’s national conference
audiences, including human resources and EEO professionals, supervisors and managers in the public and private
sectors, medical professionals, and plaintiff and defence counsels. He has been interviewed on the ADA and GINA
by numerous media outlets including The New York Times, USA Today, The Wall Street Journal, and The
Washington Post. He has done radio or television interviews for ABC News, the CBS Morning News, and MSNBC,
and has been a guest on C-SPAN’s Washington Journal.
From January to October 2003, Chris was a Special Assistant to former EEOC Chair Cari Dominguez, and from
October 2003 through April 2004, he was Associate Director of the White House Domestic Policy Council. Chris
was a trial attorney in the Disability Rights Section of the U.S. Department of Justice from July 1993 until February
1997, and was a litigation associate for three years with a major Philadelphia law firm.
He has a B.A. in English from Villanova University, where he was a member of Phi Beta Kappa and from which he
received the School of Liberal Arts and Sciences 2007 Alumni Medallion; a J.D. from Temple Law School; and an
LL.M. from Yale Law School.
Conference Faculty - Page 1
ADA TITLE II and III
Deputy Assistant Attorney General
Civil Rights Division, U.S. Department of Justice, Washington, D.C.
Eve Hill, Esq *
Ms. Hill works with the U.S. Department of Justice Civil Rights Division, where she practices disability rights enforcement.
She implemented the Americans with Disabilities Act (ADA) Mediation Program, supervised 11 investigators handling
investigations and settlements of cases under the ADA, and implemented the program for certifying state and local building
codes under the ADA. Ms. Hill has implemented and enforced disability civil rights laws in the state government, federal
government, and private nonprofit sectors. She was the District of Columbia's first Director of the Office of Disability Rights,
responsible for implementation of the ADA throughout District Government. She was a Supervisory Attorney with the U.S.
Department of Justice’s Disability Rights Section, where she supervised ADA investigations, created the Department’s ADA
Mediation Program, and developed the Department’s ADA building code certification program. She was also a Visiting
Associate Professor at Loyola Law School and an Adjunct Professor at the University of Southern California School of Law
and Loyola Marymount University. Eve received her J.D., cum laude, from Cornell Law School, and her B.A., magna cum
laude, from Sweet Briar College. She is admitted to practice law in Maine, California, and the District of Columbia.
Regional Attorney, U.S. Equal Employment Opportunity Commission, Phoenix, AZ
Mary Jo O’Neill, J.D.
Ms. O’Neill began her work at the E.E.O.C. as a trial attorney, then as a supervisory trial attorney, until she was
selected as the Regional Attorney in 2002. Mary Jo manages the legal staff, litigates employment discrimination
cases in federal court in five states, advises her enforcement colleagues, and is a frequent national
trainer/speaker for the E.E.O.C.
ADA Enforcing Agency Faculty (Ret.)
Deputy Chief (ret.), Disability Rights Section, U.S. Department of Justice, Washington, D.C.
President, ADA One, LLC, Silver Spring, MD
Irene Bowen, J.D., P.A.
Ms. Bowen is a nationally recognized ADA consultant, trainer, and speaker. Before starting her firm in 2009, she
was Deputy Chief of the Disability Rights Section at DOJ, where she oversaw enforcement of the ADA and was
actively involved in the development of the ADA accessibility guidelines as well as DOJ’s Title II and Title III
regulations. Irene’s clients include local governments, colleges and universities, public accommodations, and a
Federal agency. She teams with architectural firms and others in assisting entities with self-evaluations and
transition plans, and development of cost-effective approaches to compliance. Since 2011, Ms. Bowen presented
internationally, assisted in self-evaluations of Fulton County, GA, the City of Chicago, IL, several universities, and
health-care providers; and authored or co-authored six ADA guides including three in 2015 (an ADA guide for
nonprofits; a resource for accommodating students who are deaf or hard of hearing at post-secondary level from
pepnet 2; and a guide for court officials). Irene is a member of the Association’s Board of Directors.
Chief Regional Attorney (ret.), U.S. Department of Education, Office for Civil Rights, San Francisco, CA
Paul D. Grossman, J.D.
Paul is an Adjunct Professor of Disability Law at Hastings College of Law and the University of California. He regularly
lectures or publishes on disability law at U.C. Berkeley, U.C. Davis, Ohio State University, LDAA, and the National Association
of ADA Coordinators. Paul was one of the first individuals to bring the issue of educating returning war veterans to the
attention of the higher education community and to develop both compliance and best practice strategies for this
population. Many of Paul’s compliance decisions, developed in his capacity as Chief Regional Attorney and Coordinator
of OCR’s National Disability Network are highlighted in the online publication “Disability Compliance in Higher Education.”
Paul is co-author of The Law of Disability Discrimination (8th edition). Insights into this area of law are often drawn from
his own challenges attending college and law school as an individual with a disability.
Conference Faculty - Page 2
Senior Attorney (ret.), Office for Civil Rights, U.S. Department of Education, Denver Enforcement Office
Denver, Colorado
James D. Long, Jr., J.D.
Jim Long served for more than 10 years in the Office for Civil Rights of the U.S. Department of Education. Before
joining the Office for Civil Rights he served as a litigation counsel for U.S. Department of Energy. Jim served as
an officer in the Army’s Judge Advocate General’s Corp for 23 years. As the Chief Counsel at the Walter Reed
Army Medical Center, he handled his first ADA case, involving deaf students from Gallaudet College. He also
served as the Command Judge Advocate for the Army’s Medical Command. Jim was the Legal Advisor to the
Surgeon General of the Army. He was an assistant professor at the U.S. Military Academy, West Point. He has an
undergraduate degree from Creighton University and went to the University of Texas School Of Law. Jim was
recently elected to the Association’s Board of Directors.
Featured Senior ADA Professional Faculty Members
Former Chair, U.S. Access Board, Washington, D.C.; Partner, LCM Architects, Chicago, IL
John H. Catlin, FAIA
Mr. Catlin was the first practicing architect to chair the U.S. Access Board, and also chaired the ad hoc
subcommittee on the revision of the ADA Accessibility Guidelines. He applied universal design principles to the
Access Living headquarters building in Chicago, for which he received the Barrier-Free America Award from the
Paralyzed Veterans of America. LCM Architects manages HUD’s Fair Housing Accessibility FIRST technical
assistance program. Jack provides nationwide design and construction training as part of the FHA FIRST program.
Jack is a member of the Association’s Board of Directors.
Director Equal Opportunity & Affirmative Action, Title IX Coordinator, Equity Officer
Utah Valley University, Orem Utah
Melissa L. Frost, J.D.,
Melissa has a history of public service that includes: Executive Director of Provo School District, State of Utah as
the ADA Coordinator, Workers’ Compensation Administrator, and a Loss Control Consultant advising all state
agencies, school districts and post-secondary institutions regarding Family Medical Leave, ADA, Title VII
discrimination, PDA, Title IX and other campus/student issues. She has also served the state as a Liability
Prevention Specialist for the Developmental Center and as an Administrative Law Judge for the Department of
Workforce Services. Prior to state service, Melissa worked fourteen years in healthcare management and
administration in both California and Washington D.C. Melissa received her B.A. in Government and Politics from
the University of Maryland and her J.D. from the J. Reuben Clark Law School at Brigham Young University. Melissa
is a member of the Association’s Board of Directors.
Risk Management Division, State of Utah, Salt Lake City, UT
John Golom
Mr. Golom joined the Utah Division of Risk Management in September 2013. John now provides HR/ADA/Sec 504
consultation to 18 colleges and universities around the State of Utah, and to six of the larger school districts. Mr.
Golom has 13 years in human resource offices across the State of Utah. John served as the Human Resource Director
for the Utah Department of Corrections, the second largest agency in state government. He was with the Utah Labor
Commission and served as a Hearing Officer for the Wage and Hour Division and as the Manager of the Utah Antidiscrimination Division. Prior to his state employment, John served as a Special Agent in the Air Force Office of Special
Investigations. John received his undergraduate degree from the Southern Illinois University at Carbondale and
received his graduate degree from the Brigham Young University. John was recently elected to the Board of
Directors.
Conference Faculty - Page 3
Executive Director, National Association of ADA Coordinators, Rancho Mirage, CA
Managing Director, National Institute on Employment issues, Rancho Mirage, CA
Paul D. Hagle, P.A.
Mr. Hagle has been associated with the ADA since its passage in 1990. He is recognized for his seminars on ADA Title
I throughout the United States. He has recently served as an expert witness for a major hospital, and also for a major
airport, automobile company, airline, and fast food chain. He developed and presented one of the first programs
dealing with ADA/Workers’ Compensation/FMLA, and the importance of disability awareness perception and legal
issues of Title I of the ADA since 1992. He was on the original Board of Directors and appointed the Association’s
Executive Director in 1992. He serves as Vice Chair, Parks and Recreation Commission; and works with the City Council
on ADA issues for the City of Rancho Mirage, CA. He received his B.A. from the University of Michigan and did graduate
work at the University of California, Los Angeles. Paul is a member of the Association’s Board of Directors.
Assistant Director, State of Utah Risk Management, Salt Lake City, UT
Brian Nelson, J.D., P.A.
Mr. Nelson directs a team of loss control professionals, who are charged with recognizing and avoiding physical and
nonphysical losses among all state agencies, public schools, and institutions of higher education. Previously, Brian
served as ADA/504 Coordinator advising and directing all public state institutions to effect compliance with the ADA.
He received his J.D. from Brigham Young University. Brian is an Emeritus Member of the Board.
Medical Director, Redlands Yucaipa Medical Group, Past Chief of Staff for Redlands Community Hospital,
Adjunct Professor, University of California Medical School, Riverside, CA
Phong Nguyen, M.D., P.A.
Dr. Nguyen is Medical Director for a large medical group. Phong is a member of the Interdisciplinary Committee;
Medical Director of the Redlands, Rialto/Loma Linda, and San Manuel Fire Departments; Medical Director for the
Paramedic Program at Crafton Hills College; Medical Director for Aeromedics, and ACLS Course Director/ Instructor.
Phong is the Chairman of the Board, Vice President of the Association, and is the Conference Coordinator
ADA Coordinator City of Sacramento (ret.); Member, CA Commission on Disability Access, Sacramento, CA
Michael Paravagna, M.S., P.A.
Mr. Paravagna retired after more than 32 years with the CA Department of Rehabilitation. Michael served as a
Rehabilitation Counselor, in management roles in the Habilitation Program and Business Enterprise Program for the
Blind. He was Statewide Administrator for the Vocational Rehabilitation / Work Activities Program. For 13 years he
served as Chief of the Disability Access Section. Mr. Paravagna was appointed to the CA Buildings Standards
Commission. After retiring from state government, Mike served as Sacramento City ADA Coordinator. He was ADA lead
of the Los Angeles Community College Districts $6.1 billion dollar bond project. In 2013, he was appointed to the
California Commission on Disability Access. Paravagna holds a MS Counseling from California State University,
Sacramento, and a BA in psychology from California State University, Michael is Treasurer for the Association and a
member of the Board of Directors.
ADA Coordinator, Florida Department of Transportation, Tallahassee, FL
Dean Perkins, R.A., P.A.
An architect since 1984, Dean Perkins joined the Florida Department of Transportation in 1988 to manage rest
area design and production projects. He was appointed as the FDOT’s statewide ADA Coordinator in January 1992.
In this position, Dean is principal in initiating Department policies, developing procedures and managing practices
related to accessibility for persons with disabilities for agency services and facilities along the state highway
system and for buildings owned and operated by the Department. He has served as an expert witness in ADA
matters. Dean designs and conducts training in ADA compliance around Florida and at national conferences. He
provides technical support on accessible design and construction for city and county engineering and public works
staff. He has a Master of Architecture from Florida A&M University. Dean is the Secretary of the Association
and a member of the Association’s Board of Directors.
Conference Faculty - Page 4
ADA Consultant for Law Enforcement Issues, Michael Sullivan ADA Consulting, Petaluma. CA
Michael J. Sullivan, B.A., P.A.
Mr. Sullivan is a nationally known and award-winning consultant specializing in ADA law enforcement issues.
Michael also advises on both program and physical accessibility issues. He has extensive expertise in developing
reasonable accommodations and implementing training for peace officers regarding the ADA requirements and
responsibilities. Michael was the San Francisco Police Department’s ADA Coordinator for 17 years and was
honored for his work by the City of San Francisco, the California State Legislature, U.S. Congress, and numerous
community groups and non-profits. Michael was a member of the Executive Board of the President's Committee
on the Employment of People with Disabilities from 1999 through 2001. Michael has a B.A. in Health Science with
emphasis in Community Health Education from San Francisco State University. Michael is an emeritus member
of the Board of Directors.
Chief Executive Officer, Evan Terry Associates, Birmingham, AL
James Terry, AIA, CASp, P.A.
Mr. Terry is a licensed architect in eight states with extensive access training and consulting experience in
corporate, municipal, healthcare, schools, universities, libraries, retail, and recreational facilities. Under his
leadership, ETA assists organizations in understanding their access requirements, cataloging barriers, and
managing the implementation of their ADA and local access compliance plans. Jim is a member of the
Association’s Board of Directors.
Faculty confirmed at time of publication unless denoted invited, awaiting confirmation, by an “*”.
Conference announcements, agendas and faculty subject to change without notice due to unforeseen
circumstances.
Conference Faculty - Page 5