Disability Law Center Utah AHEAD Conference

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Disability Law CenterUtah AHEAD Conference

• Presented by Liz McCoy and Lindsay Boerens

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Todays Objective

• General DLC overview
• Employment Services
• Access Rights Services
• Making referrals

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The Disability Law Center

• Private, non-profit organization designated by
  the Governor to protect the civil and human
  rights of people with disabilities in Utah
• Exist in every state and territory
• Part of the federally mandated Protection and
  Advocacy system

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DLC Mission Statement

• To enforce and strengthen laws that protect the
  opportunities, choices and legal rights of people
  with disabilities in Utah.

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4 Long-range Goals

1. People with disabilities will be free from abuse
   and neglect.
2. People with disabilities will receive appropriate
   services.
3. People with disabilities will be free from
   discrimination.
4. People with disabilities will have equal
   employment opportunities.

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DLC Services

• Investigation monitoring
• Mediation negotiation
• Outreach community education
• Public policy advocacy

• Assisted Information Referral
• Representation in administrative court hearings
• Individual class action litigation
• Self-advocacy support training

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DLC Issue Teams

• Access Rights
• Abuse Neglect
• Education
• Employment
• Public Policy
• Short Term Assistance Team (STAT)

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DLC Employment Team

• Why is employment such an important issue for
  people with disabilities?
• People with disabilities tend to be the last
  hired and first to be let go
• Employers assume that employees with disabilities
  cost more and have attendance issues
• In September 2010, the percentage of people with
  disabilities in the labor force was 21.6. By
  comparison, the percentage of persons with no
  disability in the labor force was 69.9. (U.S.
  Dept. of Labor)
• The unemployment rate for those with disabilities
  was 14.8 percent, compared with 9.0 percent for
  persons with no disability, not seasonally
  adjusted. (U.S. Dept. of Labor)

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DLC Employment TeamCHEAT SHEET

• How can we help students with disabilities remove
  barriers to employment?
• Help resolve issues and concerns for applicants
  or clients of Vocational Rehabilitation (VR) -
  Client Assistance Program (CAP)
• Assist SSI/SSDI beneficiaries appeal work-related
  overpayments - PABSS Program
• Assist clients file complaints regarding
  disability-related employment discrimination
• Assist employees request reasonable
  accommodations
• Training/Presentations to employers and service
  provider staff
• Self-Advocacy Training to people with
  disabilities, consumer groups, etc.

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What is CAP?

• CAP (the Client Assistance Program) is an
  advocacy program at the Disability Law Center
  that protects the legal rights of people who
  apply for or are already clients of programs and
  projects funded under the Rehabilitation Act
  including
• Vocational Rehabilitation
• Independent Living programs

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CAP

• How do I qualify for CAP services?
• Live in Utah
• Need or receive VR/IL services
• Have been denied services
• Disagree with their counselors decisions
• Have had their cases closed

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CAP

• Case Examples
• Informed Choice (34 CFR 361.52)
• The state plan must assure that applicants and
  eligible individuals, or as appropriate, their
  representatives are provided information and
  support services to assist applicants and
  eligible individuals in exercising informed
  choice throughout the rehabilitation process.
• IPE Development and Implementation
• Eligibility Determinations

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PABSS

• Protection and Advocacy for Beneficiaries of
  Social Security (PABSS)
• At the Disability Law Center, we use PABSS funds
  to help SSI/SSDI beneficiaries to
• Appeal work-related overpayments
• Address employment discrimination issues
• Request reasonable accommodations from employers
  and higher education

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PABSS Eligibility

• To be eligible for the program
• Current recipient of either SSDI or SSI
• Between ages 18-64
• A desire to go back to work
• Have an impediment to employment

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Social Security Overpayments

• In order for PABSS to assist
• - The individual must be in cash status
• - The overpayment must be work-related
• - Clients meet with an attorney for a one-hour
  legal clinic

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Discrimination Cases

• Employment Benefits
• Applying/Hiring
• Termination
• Wage and hour issues
• Reasonable accommodations

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Discrimination Cases

• Evidence is gathered to determine legal merit
• If YES, clients meet with an attorney for legal
  clinic to discuss case in depth and legal options
  and self-advocacy tips
• DLC can assist with UALD, EEOC complaints,
  mediation conferences, etc.
• Discrimination cases in Utah are very difficult
  to prove. Must have evidence.
• We also help job-seekers prepare for job
  interviews by reviewing ADA law on interview dos
  and donts.

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Case Example
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Access and Rights Team

• The AR Team works to increase access by people
  with disabilities to services, programs, and
  facilities open to the public

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The DLC AR Team works to reduce discriminatory
barriers in housing

• Physical architectural barriers
• Landlords who discriminate in rental or sale of a
  dwelling unit
• Landlords who do not grant reasonable
  accommodations such as modifying a no pet policy
  for a service or emotional support animal

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The DLC AR Team works to reduce discriminatory
barriers in access to transportation

• The AR team addresses this issue through policy
  work
• Attend UTA Board Meetings
• Participate in Wasatch Front Regional Council
  meetings, Mobility Manager
• Monitor complaints about Non-Emergency Medical
  Transportation paid for by Medicaid

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The DLC AR Teams works to reduce discriminatory
barriers in access to health care

• The DLC does not work on eligibility for or
  denials of applications to Medicaid and/or Social
  Security Disability Income, SSDI
• AR cases in the area of Health Care focus
  primarily on
• Physical access
• ASL interpreters

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The DLC AR Team works to reduce discriminatory
barriers in access to voting

• Voters with disabilities continue to strive for
  the right to vote privately, securely, and
  independently
• In this area the DLC has worked to
• ensure polling places are physically accessible
• election officials and poll workers are trained
  in etiquette and laws surrounding the voting
  rights of voters with disabilities
• Improving voting technology to give voters with
  disabilities the opportunity to vote privately ,
  securely, and independently

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Voting 2011

• In the fiscal year 2011 the AR team will work
  with transition students as well as students at
  institutions of higher learning
• We hope to encourage students with disabilities
  to become polling judges
• It is community service work
• It will ensure voters with disabilities are given
  the right to vote as privately, securely and
  independently as possible.
• It pays
• If you are interested in having the DLC talk to
  students at your college or university about the
  Help American Vote Act, voting rights for voters
  with disabilities, and/or how students can become
  a polling judge, please contact the DLC.

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 The DLC AR Team works to reduce barriers to
public buildings and services

• ADA Title III (private ownership/open to the
  public)
• Working on a partnership with Independent Living
  Centers around the state
• The DLC will assist the ILCs with Title III
  cases, but the ILCs will take the lead

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The DLC AR Team works to reduce barriers to
public buildings and services

• ADA Title II (public buildings/public services)
• Architectural barriers
• ASL Interpreters
• Providing services to all members of the public
  such as lending library books

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The DLC AR Team works to reduce barriers to
public buildings and services

• This goal also includes reducing barriers to
  higher education
• DLC internal policies mandate advocates and
  attorneys work for our clients expressed choice
• If a client feels they have been discriminated
  against and as a result they want something, and
  what they want is legal, the DLC will advocate
  for it regardless of what we think
• Our clients desires drive our work
• As you know, the Rehab Act and ADA describe,
  provide a definition for, disability. The
  regulations define disability discrimination.

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What a DLC higher education case might look like

• The student must have a qualifying disability
  according the Americans with Disabilities Act
  (ADA)
• having a physical or mental impairment that
  substantially limits one or more of the major
  life activities, or having a record of such
  impairments or being regarded as having such
  impairments.
• Student must currently be attending a post
  secondary institution
• Student must face a physical or programmatic
  barrier
• Student must have a letter from a medical
  provider outlining their educational limitations
  based on their disability and explaining how the
  accommodation will allow the individual to more
  fully succeed in their program
• When this documentation has been provided ,the
  DLC will assign an advocate who may or may not be
  an attorney to advocate on behalf of the student

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Types of cases we have seen at the DLC

• Student denied request for extended time on a
  test by faculty
• Student denied request for all written
  correspondence to be sent/given in 16 point font
• Student volunteers fact that has mental illness
  and is asked to leave a program
• Student accepted to program, school learns
  student has disability, student is sent a letter
  saying they are no longer accepted to the program
• Faculty resistance to grant requests for
  accommodations

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Suggestions

• Educate faculty so they are not resistant
• Granting a reasonable accommodation usually means
  adjusting policy
• Faculty should grant a reasonable accommodation
  even if the student is not registered with the
  DRC
• Other ideas?
• DLC can help

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Suggestions Part two

• Avoid exam time break downs and failing grades
  by
• Making DRC services known early advertise
• Encourage all students with disabilities to
  register with the DR
• Other ideas?
• DLC can help

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We are all Temporarily Able Bodied, TABs
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For help or questions

• Call the DLC toll-free at
• 1-800-662-9080
• Email questions or request for info at
  info_at_disabilitylawcenter.org
• Walk-ins welcome at the Community Legal Center
  located at 205 North 400 West on the 1st floor
  (free, accessible parking located on North side
  of building)
• Text chat available at DLC website
• www.disabilitylawcenter.org