If you thought the students were trouble, wait for the disability movement

By John McTernan

Jody McIntyre has accused the police of premeditated violence (Photo: Jane Mingay)

My esteemed colleague Toby Young makes a brave attempt to stand up for Ben Brown’s interview of Jody McIntyre on BBC News 24. He really needn’t have bothered. The clip speaks for itself. To be honest, Brown looked like a police stooge when he repeated their claim that prior to the clip on YouTube McIntyre was rolling his wheelchair towards them. “Aw, diddums, did the man with with Cerebral Palsy scare you, and you in your riot gear and all” would have been the right response to whichever Metropolitan Police flak had the chutzpah to offer up that nonsense. But when McIntyre responded:

I can’t physically use my wheelchair myself. My brother was pushing me.

it was game, set and match to him. But the whole government should have shivered when McIntyre asked Brown:

Do you seriously think a person with Cerebral Palsy in a wheelchair can pose a threat to a police officer?

For this is the next wave of protest they face. There are high profile benefit cuts coming for people with disabilities – billions of pounds of cuts to Disability Living Allowance to start with. And, as I always remind Coalition ministers and their advisers, a billion pounds from welfare is £1,000 a year from a million people. But a particularly nasty one was sneaked out yesterday. The Independent Living Fund will be abolishedfrom 2015. This fund of nearly £300m a year pays an average of £300 a week to people to support them staying independently in their own homes. If it didn’t exist, it would be exactly the kind of thing that would be branded as a Big Society welfare reform – it helps individuals, and it saves the state millions since the alternative is expensive residential care. Instead, it’s being cut.

What I don’t think the Government – or the mainstream media – were aware of until Jody McIntyre’s interview is quite how articulate and media-savvy modern disability campaigners are. As the waves of cuts – to benefits, to the ILF, to social care provided by councils – impact on people we are going to see the Coalition with their immovable case that there must be cuts come face to face with people with disabilities and their irresistible case that the most vulnerable should not pay the price for a bankers’ crisis.

While Frank Field was asked to “think the unthinkable”, today Iain Duncan Smith is going one better – he is “doing the unthinkable”. I look forward to many more blogs from Toby Young explaining precisely why the protesting public have got the wrong end of the stick about a change to the system which is really in their own best interests.

Equal Rights Center (ERC)

With holiday shopping in full swing, the Equal Rights Center (ERC) wants to hear from people with disabilities about their shopping experiences! Have you had difficulty shopping because of accessibility problems? Narrow aisles? High counters? Entrances with stairs? Inaccessible point of sale machines? If you have experienced these or other access problems, please contact the ERC Disability Rights Program today at (202) 234-3062 or email Rpowell@equalrightscenter.org.

The Equal Rights Center is a national non-profit civil rights organization dedicated to promoting equal opportunity in housing, employment, disability rights, immigrant rights, and access to public accommodations and government services. The ERC engages in cutting edge investigation techniques and is one of the few organizations in the United States which, when necessary, engages in comprehensive civil-rights enforcement for all protected classes under both federal and local law. Each year, the ERC advances civil rights and helps thousands of individuals through a comprehensive approach including counseling, civil rights testing and investigations, and education and outreach activities.

Are you a member of the ERC? If not, please consider joining today! Our members are our greatest source of input on important issues and we strive to keep our members educated about important issues in civil rights. While we have 4 levels of membership, general membership is free. To join, please visit our website.

Best wishes for a wonderful holiday season!

Yours truly,

Robyn Powell

Disability Rights Program Manager

Equal Rights Center
11 Dupont Circle, NW, Suite 450
Washington, D.C. 20036
(202) 370-3210
rpowell@equalrightscenter.org
www.equalrightscenter.org

EQUAL RIGHTS CENTER AND CVS/PHARMACY ANNOUNCE INITIATIVES TO MAKE STORES MORE ACCESSIBLE

WASHINGTON, D.C., December 2, 2010 – Today, the Equal Rights Center (ERC), a national non-profit civil rights organization, and CVS/pharmacy announced their agreement and initiatives to help ensure that CVS/pharmacy’s stores across the country will be more accessible to people with disabilities.

“For the millions of people with disabilities in our country, the ability to easily access CVS/pharmacy’s products and services, is a critical part of their everyday lives,” said Don Kahl, Executive Director of the ERC. “With this monumental nationwide agreement, CVS/pharmacy will work with the ERC to adopt or improve accessibility practices and policies that will better serve all people with disabilities. We certainly hope that other pharmacies will recognize their unique importance and responsibilities to the disability community and follow CVS/pharmacy’s example.”

Among other initiatives, CVS/pharmacy, one of the nation’s largest retail pharmacy chains with more than 7,100 locations, will survey and remove barriers to accessibility at any stores it remodels or alters. It will remove any barriers at each of its MinuteClinic retail health clinics within eighteen months. New or revised procedures and training of employees will ensure that its store aisles are kept clear and accessible, and an independent survey company will monitor the accessibility of the aisles. Within one year of the agreement, every CVS/pharmacy will have at least one wheelchair accessible front checkout and pharmacy counters if they do not already have them. CVS/pharmacy will also hire an independent consultant to review and monitor its policies and procedures for design and construction, remodels and barrier removal in order to ensure that its stores remain compliant with the Americans with Disabilities Act (ADA). CVS/pharmacy has also agreed to provide reports to the ERC on its progress, and to consider ERC’s input on policies and training.

“CVS/pharmacy is committed to ensuring that our stores are accessible to all of our customers,” said Scott Baker, Executive Vice President, CVS/pharmacy. “We are pleased to enter this agreement with the ERC to help enhance access to our pharmacy and health care services for people with disabilities.”

In 2009 the ERC was approached by several individuals who use wheelchairs who all identified accessibility issues at CVS locations due to aisles being blocked with merchandise and displays, a lack of accessible routes to sales counters and the pharmacy, a lack of accessible spaces in parking lots, and other barriers. The ERC conducted its own survey of CVS stores and identified similar accessibility issues. The ERC then approached CVS. After reviewing CVS’ current policies and practices to comply with the ADA, and the ERC’s concerns, CVS agreed to work with the ERC to make CVS stores more accessible to its customers with disabilities.

“As the Americans with Disabilities Act celebrates its 20th anniversary this year, we are happy to see another national business leader demonstrate its commitment to providing quality and accessible services to all individuals,” said Elaine Gardner, Disability Rights Project Director at the Washington Lawyers’ Committee for Civil Rights & Urban Affairs.

In reaching this agreement, the ERC was represented by the Washington Lawyers’ Committee for Civil Rights & Urban Affairs and the Washington law firm of Gilbert LLP. CVS/pharmacy has agreed to pay the plaintiffs for their claimed damages and attorneys’ fees incurred in this matter.

For Immediate Release:

Leah Maddox, Equal Rights Center, 202.370.3227

lmaddox@equalrightscenter.org

What can YOU do to advance the employment of people with disabilities?

Share these videos!

Because myths and stereotypes about disability employment continue to create barriers to opportunities for qualified people with disabilities, the Campaign forDisability Employment launched “What can YOU do?” (WCYD) – an initiative to encourage everyone to elevate perceptions about what people with disabilities CAN do on the job and to emphasize the value and talent people with disabilities add to businesses and organizations. A key part of the WCYD initiative is the “I Can” public service announcement (PSA), a montage of seven people with disabilities – some apparent and some not – sharing what they CAN do on the job when given the opportunity. “I Can” reflects the diversity of skills people with disabilities offer, challenges common misconceptions about disability and employment and reminds everyone that at work, it’s what people CAN do that matters.

The CDE encourages everyone to share the “I Can” PSA and use it as a tool to start a conversation about the benefits of fostering a work environment that is flexible and open to the talents of all qualified individuals, including those with disabilities. Workplace and Youth “I Can” PSA Discussion Guides are available to facilitate such a conversation. Several versions of the “I Can” PSA are available for download here. The CDE invites YOU to share the PSA with others, feature it on your organization’s website, use it in workplace training, at events, in schools, etc. DVDs are available by request by contactingcampaignfordisabilityemployment@jan.wvu.edu.

	"I Can" PSA Audio Introduced (3:00) Open Captioned (:60) Closed Captioned (:60) Open Captioned (:30) Spanish Audio Introduced (1:13) Spanish Open Captioned (:30) Spanish Closed Captioned (:30) Forward Video to a Friend

* Nearly 50 million Americans have a disability. To learn about employment statistics and people with disabilities, click here.

http://www.whatcanyoudocampaign.org/blog/wp-content/uploads/PSAAD2.wmv

Judy Heumann, Special Advisor on International Disability Rights at the U.S. Department of State

Judy Heumann spoke of her role as the Special Advisor on International
Disability Rights at the U.S. Department of State, a new position created by the President in 2009, when he signed the U.N. Convention on the Rights of People with Disabilities (“UNCRPD”, at http://www.un.org/disabilities/default.asp?id=150 ). She stated that “the UNCRPD is a very important treaty that has now been ratified by more than 93 countries around the world and signed by 146 countries,” and that “the U.S. is a signatory to this Convention.” She stated that her purpose at the State Department “is to drive home the message that disabled people’s issues need to be part of every aspect of the agency’s work, such as within the international development area.” She mentioned three areas, such as in the U.S. AID program which has a policy on disability, and “to elevate the inclusion of disability into Foreign Service agenda.” Also, part of her job is to work on the ratification package for the UNCRPD, which is the next procedural step after signature. This involves the agencies across the federal government comparing U.S. law to what’s in the UNCRPD. This will result in a major review document or “package” that will then be widely circulated to various entities and then back to the White House for further action.

Advisor Heumann noted that the UNCRPD is very important as it raises up the U.S. community at the international level. While the ADA is seen by many around the world and copied by other countries, many of whom have adopted similar types of legislation, the UNCRPD can facilitate more meaningful adoption of the issues of people with disabilities in many countries. She said she was just back from a trip to Tunisia, Jordan, Algeria and Qatar where she had met with officials there to work collaboratively on UNCRPD topics. She said that the U.S. signing and ratification of the Convention had raised the topic of the education of children with disabilities to a higher level for such countries.

She noted that many if not most children with disabilities in developing countries are not attending school, or where attending, are in substandard or separate schools. Heumann also noted the importance of employment of people with disabilities as a critical issue raised by the UNCRPD and how discussions focus often on how to keep or return adults who become disabled in jobs. She also mentioned the connection between education and moving young people with disabilities into employment.

Heuman mentioned a December 3 conference being held at the State Department, “Keeping the Promise—Making Disability Rights Real,” on the anniversary of the International Day of Disability, which was started in 1991. The conference focuses on three issues with panels looking at the UNCRPD, at Violence against Disabled Girls and Women, and HIV-AIDS and disability. Heumann noted that “even though in the U.S. we have great laws, we are still working on implementation.” She stated, for instance, that “there is no meaningful discussion about problems of sexual abuse of people with disabilities [in the U.S.].”

Heumann also talked about the President’s commitment to bring more people with disabilities into the workforce, noting that the State department has a prominent program bringing interns into the organization, all year round, and that the agency is recruiting and hiring more people with disabilities. See State department website athttp://careers.state.gov/students/programs.html

The Teleconference Question and Answer period covered topics such as state independent living center advocacy, availability of attendants at gasoline pumps for drivers with disabilities, housing vouchers and further discussion on the UNCRPD.

AAPD encourages disability advocates to sign up for the notifications of these monthly phone calls as a way to know better who the federal appointees are, their roles and what their agencies do. It’s also a way to directly ask questions and see what is the federal government focus. To sign up, send email tosfeuerstein@who.eop.gov and in the email provide your name, the name of your organization, your title, your email address and phone number and then you will be added to distribution list.

Story by Jenifer Simpson, Senior Director of Government Affairs, AAPD.

Silent Shout NYC October 2010 from Signmark on Vimeo.

Silent Shout NYC

mysilentshout.com/​

DOJ wants to hear from you!

The Department of Justice is having a public hearing on our Advance Notice of Proposed Rule Makings (ANPRMs) next Thursday (12/16) from 9:30 – 4:00 at the Access Board – 1331 F St., NW Washington, DC. We want to make sure that we have good representation from the disability community. The ANPRMs are on:

1) Accessibility of Web Information

2) Movie Captioning

3) Next Generation 9-1-1 Systems and

4) Equipment and Furniture (including access to medical equipment)

An organization does not have to testify on all of the ANPRMs. Hearing about why these ANPRMs are important to the individuals you represent is important.

You can sign up to testify by calling Samantha Lewis at 202-307-6068. Walk-ins are also welcome but you won’t have to wait if you sign up for a slot. Testimony is limited to five minutes max. You can always submit a longer statement. Individuals as well as organizations can testify.

The entire hearing will be web cast (live – with captioning and video-description) – so you can publicize your participation to your members. It will be on the ada.gov web site after the hearing.

Here’s the link to the ANPRMs:

http://www.ada.gov/anprm2010/anprm2010.htm

Laura Hershey, 1962-2010

Disability rights activist, thinker, writer and poet Laura Hershey died Friday Nov. 26, 2010, after a short illness. Although perhaps best known to New Mobility readers as one of the primary organizers against the MDA Jerry Lewis Telethon’s use of pity as a fundraising tactic, she also was an organizer for Not Dead Yet and ADAPT from both groups’ earliest days. She was also involved in other social justice causes, such as gay and lesbian rights.

In addition to her work as an activist, Hershey, who had spinal muscular atrophy, was a renowned poet and writer. This year she was named as a 2010 Lambda Fellow in Poetry. Her poetry is anthologized in collections ranging from those focusing on social justice, such as Fire in the Soul: 100 Poems for Human Rights, to literary journals, such as Trillium Literary Journal. Additionally, she has published over 100 articles and essays in such diverse publications as New Mobility, Ms. Magazineand U.S. News & World Report. She held a Master of Fine Arts in Creative Writing from Antioch University Los Angeles and an honorary doctorate from Colorado College.

"She was an intelligent, funny, active writer, activist and mother," Hershey's partner, Robin Stephens, said Saturday to the Denver Post."She was a genius who lived with disability and lived well."

Hershey and Stephens are the adoptive mothers of Shannon, 14, and they shared a home in Denver, Colo. There will be a tribute page to Hershey at www.LauraHershey.com beginning Tuesday, Nov. 30.

Disability groups unhappy at end of ILF fund

Stephen Naysmith

14 Dec 2010

Disability groups reacted with dismay yesterday to confirmation the Government is axing a fund that gave more than £60 million to help people live on their own.

The Independent Living Fund supports thousands of people in Scotland to help them live independently in the community.

As The Herald had predicted in September, the Government announced yesterday that the fund would remain closed to new applicants – as it has been since earlier this year – with existing claimants protected only until the end of the current parliament.

After that, funds will be transferred to local authorities, with consultations in the New Year to determine how the money is used.

Ian Hood, co-ordinator of the Learning Disability Alliance Scotland, said: “This confirms our worst fears. We have already seen some of the most vulnerable people having their planned levels of service reduced.

“Now it looks like the fund is going to be wrapped up for good.”

While existing claimants would be protected, that would be for four years at best, said Mr Hood.

Richard Hamer, director of external affairs at Capability Scotland said 3654 people benefited from ILF in this country.

He said: “ Given the economic climate it is likely local authorities will be hard-pressed to meet these costs, putting independent living in jeopardy.”

AARP Thanksgiving Message to Congress: Don't Drive Idaho Docs Out of Medicare - Assoc. Calls on 180,000 Idaho Members to Contact State Congressional D

Idaho's Members of Congress are home for Thanksgiving and AARP is taking the opportunity to make sure they get a strong message from their constituents: Don't drive Idaho doctors out of Medicare! In the coming weeks, doctors across the nation face a 25% pay cut under Medicare, if Congress allows it to take effect, many doctors would stop accepting patients under the program. AARP is urging Congress to tackle the issue immediately, and is encouraging its 180,000 Idaho members to contact their Members of Congress during the Thanksgiving recess.

As part of the effort, AARP has set up a toll-free 800 number to connect constituents directly to their Members of Congress: 1-800-944-6723 and a website: www.aarp.org/keepmydoctor, so members and the public can email their lawmakers on the issue.

The looming cuts would be devastating in Idaho – where the state already suffers from one of the lowest doctor-to-patient ratios in the nation (ranking 49th). AARP has heard from members across the state that many are already finding their doctors closing doors to new Medicare patients because reimbursement rates are already too low. The 25% cut under the program, would see even more Idaho doctors leave Medicare in a state where 15% of the population relies on the program.

"While Idaho's Members of Congress are home for Thanksgiving, we're reminding them of Idaho's existing doctor shortage, and urging them not to make it any worse for Medicare beneficiaries by driving doctors out of the program," said Jim Wordelman, State Director for AARP in Idaho. "Thanksgiving shouldn't be a time older Idahoans are forced to worry about whether or not their doctor will continue to see them."

"When our Congressional Delegation returns to Washington, D.C. after the Thanksgiving recess, we're calling on them to tackle this issue, passing a one year fix while they work on a permanent solution," added Wordelman.

Last week the Senate voted to delay the cuts, which are set to hit December 1st, by one month – it's anticipated the House will echo the move after Thanksgiving. If the House does not act, the cuts will go into effect, if they do pass a one month fix, the cuts won't go into effect until Jan 1st. AARP is urging the House to pass the one month patch fix, and for Congress to then pass a one year fix for 2011, while a permanent solution can be addressed.

The reason for the looming pay cut - a flawed Medicare physician payment formula which Congress has been forced to address every year for the last 10 years. Over the next year, AARP will work with Members of Congress to permanently address the issue.

AARP is Idaho's largest membership organization with 180,000 members.

Read more: http://www.disabled-world.com/news/america/idaho/medicare-id.php#ixzz186ntnSvB

Disabled Vets Create Jobs At Business Boot Camp

As the U.S. unemployment rate hovers around 10 percent, many recent veterans of the Iraq and Afghanistan wars are finding it increasingly difficult to compete for jobs in the civilian work force. If they're disabled, the task is all uphill, so some disabled vets are finding a way to create their own jobs through a business boot camp at several colleges throughout the country.

Copyright © 2010 National Public Radio®. For personal, noncommercial use only. See Terms of Use. For other uses, prior permission required.

LIANE HANSEN, host:

Unemployment in the U-S is still hovering around 10 percent. But there was a tiny bright spot in the most recent job numbers: the unemployment rate for Iraq and Afghanistan veterans dropped by almost two percentage points between July and August. Still, the number of jobless veterans remains high; some estimates say more than 175,000 are out of work. It's even more difficult to find a job if you are a disabled vet.

Nancy Farghalli reports on a program to help disabled vets create their own opportunities.

NANCY FARGHALLI: Roughly 180,000 vets have returned from the two wars in Iraq and Afghanistan with a disability, including Josh Evans. He's a retired Marine pilot. He completed four tours of duty in Afghanistan and Iraq, and he suffers from acute hearing loss.

Mr. JOSH EVANS (Retired Marine Pilot): When I went to do my last audiogram, the guy showed me my results and he said, listen, your hearing loss right here. It's in the voice range, so it makes it a little difficult to pick up some stuff. I was like, can you write a letter and tell my wife that?

FARGHALLI: Evans likes to joke, but he's serious about one thing: never leaving his family again. He has a daughter and a son, and a third child on the way.

Mr. EVANS: One of the things I missed out a lot with when I was in the Marine Corps was spending time with my daughter. When my son was born, it was a no-brainer that if I was going to work, I could work from home.

FARGHALLI: Evans decided to apply an entrepreneurship boot camp for disabled vets at UCLA. He sent in an essay, recommendation letters, and did an interview. And he had one goal in mind: to learn the skills to run a security business from his own home.

(Soundbite of door closing)

FARGHALLI: The door to his first floor office has a tendency to get stuck, but that's a small wrinkle for this budding entrepreneur. He and his partner have sold security systems to the University of California. And he says the boot camp shaped his business plan.

Mr. EVANS: It helped me sort of become more analytical about planning the business, setting milestones and then actually sort measuring myself against it. So, you come up with a measure plan and then execute the plan

FARGHALLI: The boot camp started at Syracuse in 2007. They are now at other colleges such as Florida State, UCLA, U Conn and Texas A&M. Mike Haynie is an entrepreneurship professor at Syracuse. He created the boot camps because he saw a natural fit between being an entrepreneur and a solider. Both require the same skill sets.

Professor MIKE HAYNIE (Entrepreneurship, Syracuse University): Things like a single-minded focus on accomplishing a goal or accomplishing the mission. Being able to create and grow something without necessarily having the resources at your disposal to do that. That is entrepreneurship.

FARGHALLI: More than 300 vets have completed the intense free seminar training - about nine days of spreadsheets, strategy, and marketing courses. A lot of the program's funding comes from companies and private donations. The cost at each school can range from 100 to $200,000.

Elaine Hagan runs the boot camp at UCLA. She says the college got involved because of the needs of disabled vets.

Ms. ELAINE HAGAN (UCLA): Often because of the nature of their disability, they can't continue in the line of work that they were in. But entrepreneurship often gives them the possibility to generate an income by helping not only themselves and their families, but also creating jobs in their communities.

FARGHALLI: California sets aside a small percentage of its annual contracting dollars to businesses owned by disabled vets, and Josh Evans' company has bid on state contracts. While he's thankful for the boot camp, he does wish the program classes lasted longer.

Mr. EVANS: Its kind of like having the Cliff Notes version of business school in a way. You know, you just, you know there's more in there and you're missing a lot of it by not having the rest of it.

FARGHALLI: There aren't official stats on the number of successful enterprises run by vets in the program, but more than 10 percent of the attendees have started their own businesses. And more colleges are considering the boot camp program.

For NPR News, I'm Nancy Farghalli in Los Angeles. (by NANCY FARGHALLI)

Listen to this story: HERE

Copyright © 2010 National Public Radio®. All rights reserved. No quotes from the materials contained herein may be used in any media without attribution to National Public Radio.

Telework from a home office may be a reasonable accommodation

Allowing someone with Multiple Chemical Sensitivity to work at home may be a reasonable accommodation when the person’s disability prevents successfully performing the job on-site.

The U.S. Equal Employment Opportunity Commission said that allowing an individual with a disability to work at home may be a form of reasonable accommodation.

The U.S. Equal Employment Opportunity Commission (EEOC) has a great info sheet onWork At Home: Telework as a Reasonable Accommodation. I have been lucky enough to have this type of accommodation provided to me thanks to the very cooperative employer. As a writer, this type of accommodation works perfectly for both my employer and me because all incoming assignments and outgoing work can be transmitted through telecommunications.

In its 1999 Enforcement Guidance on Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act (revised 10/17/02), the Equal Employment Opportunity Commission said that allowing an individual with a disability to work at home may be a form of reasonable accommodation. The Americans with Disabilities Act (ADA) requires employers with 15 or more employees to provide reasonable accommodation for qualified applicants and employees with disabilities. Reasonable accommodation is any change in the work environment or in the way things are customarily done that enables an individual with a disability to apply for a job, perform a job, or gain equal access to the benefits and privileges of a job. The ADA does not require an employer to provide a specific accommodation if it causes undue hardship, i.e., significant difficulty or expense.

Not all persons with disabilities need – or want – to work at home. And not all jobs can be performed at home. But, allowing an employee to work at home may be a reasonable accommodation where the person’s disability prevents successfully performing the job on-site and the job, or parts of the job, can be performed at home without causing significant difficulty or expense.

Click here for the EEOC fact sheet explaining the ways that employers may use existing telework programs or allow an individual to work at home as a reasonable accommodation.

Here is some additional information about The ADA: Your Employment Rights as an Individual With a Disability and Job Applicants and the Americans with Disabilities Act.

If you have Multiple Chemical Sensitivity and need accommodations in the workplace, the ADA laws and EEOC provide great guidelines if your employer is cooperative and willing to provide accommodations. Unfortunately, the laws are weak and pretty much useless if your employer is not willing to provide anything for you. If your employer or perspective employer is unwilling to provide accommodations, it can be a really tough fight for you to secure your disability rights even with legal representation. We have members in our community who have been let go from their jobs simply because the employer did not want to bother with providing a safe, nontoxic work environment. It’s very sad when that happens and can lead to untold suffering and hardship when the person cannot secure another job. That said, we do have many people in our canary community who have asked for, often pressed for, and received accommodations at their workplace, so I always encourage people disabled by MCS to try to work with their employer to secure accommodations.

A great resource to support you in working with your employer on accommodations is the wonderful website and staff at the Job Accommodations Network. They have specific informational pages dedicated to Multiple Chemical Sensitivity and workplace accommodations. Take a look at these two posts for more information about JAN:Chemical sensitivities in the workplace and Workers rights and chemical sensitivity.

Photo credit.

10 Plus Years After the Olmstead Ruling: Progress, Problems and Opportunities.

This report was supported by a grant from The SCAN Foundation. The SCAN

Foundation’s mission is to advance the development of a sustainable continuum

of quality care for seniors.

The authors offer thanks to The SCAN Foundation’s Lisa Shugarman, Director of

Policy, and Keyla Whitenhill, Policy Analyst; their comments and suggestions were

invaluable in developing this report. Ann Marie Marciarille assisted with research and

drafting, and law students Aaron Kupchella and Whitney Chelgren provided valuable

research assistance. We also wish to thank our colleagues at the National Senior

Citizens Law Center, in particular Scott Parkin and Anna Rich, for their willingness

to help in a variety of ways.

This report is also available online at www.nsclc.org (click on “Issues” tab and go to

the Long Term Care section). Additional copies of the printed report are available

by calling 202-289-6976.

Inside and outside government, there is now a widely held view that home and community-based services (HCBS) can better maintain the independence and dignity of persons needing long-term services and supports (LTSS). Consistent with this understanding, statistics show a significant percentage increase in older persons able to receive LTSS outside of nursing homes. Nonetheless, unnecessary institutionalization is still a routine problem for too many older adults and people with disabilities, especially those with lower incomes.

Olmstead Ruling and Effects In 1999, the United States Supreme Court ruled in Olmstead v. L.C. that unnecessary institutionalization of people with disabilities is a type of discrimination prohibited by the Americans with Disabilities Act (ADA). A state government that operates its programs in a way that unnecessarily forces persons with disabilities to move into nursing homes or other institutions violates the ADA. Under the ADA, a state government is not required to make a “fundamental alteration” to a program to accommodate the needs of a person with a disability but it can be required to make a “reasonable modification.”

Nationally, the Olmstead decision has had two principal effects. First, the case confirmed that a state could be sued if its programs lead to unnecessary institutionalization. Second, the Olmstead decision and its reasoning have become accepted in the community, particularly throughout the network of persons providing aging services. Policymakers, stakeholders, and many consumers are familiar with Olmstead and understand the core of its ruling—that people with disabilities have a right not to be relegated to nursing homes, psychiatric hospitals, and like institutions.

(view full report here)

Workplace personal assistance services for people with disabilities: making productive employment possible

In the United States people with disabilities represent the nation's largest minority and a considerable, largely untapped pool of labor. According to the 2006 American Community Survey data, a disability prevalence rate among adults of ages 21 to 64 years was 12.9% (Cornell University StatsRRTC, 2007; Wells, 2008). In 2006, the employment rate of all people with disabilities continued to be below 38% (Cornell University StatsRRTC; Hernandez & McDonald, 2007). In 2005, there were approximately 21.5 million working-age people with disabilities in the U.S. Of those, about 13.3 million were not employed and 8.2 million were employed. Of those 8.2 million working-age people with disabilities who were employed, only approximately 1.8 million were working full-time (Lengnick-Hall, Gaunt, & Kulkarni, 2008). If the U.S. aims at increasing its future labor supply, the nation should devote effort to mobilize people with disabilities to join the competitive job market (Ozawa & Yeo, 2006; Pelkowski, 2007).

In American culture, work is a socially esteemed activity for any person with or without a disability. To be an important part of an integrated employment setting, many people with disabilities need support services (Wehman, 2003). One resource for such support is the Job Accommodation Network (JAN). JAN provides a nationwide service for all entities interested in employment of people with disabilities. JAN consultants offer expert guidance to employers, service providers, persons with disabilities, and others who make possible the employment and retention of workers with disabilities (http://www.jan.wvu.edu).

Proper job accommodations (e.g., ergonomic equipment modifications, adaptive and assistive technology, special lighting, flexible schedule, sign-language interpreters, personal assistants, and job coaches) are indispensable for maximizing the employment among individuals with disabilities (Williams, Sabata, & Zolna, 2006). One of the forms of accommodation for people with disabilities who need help with activities of daily living (ADLs) such as eating, dressing, grooming, and instrumental activities of daily living (IADLs) such as shopping, house cleaning, paying bills, or using telephone is Personal Assistance Services (PAS) (Benjamin, 2001). Personal assistance is effective in helping people with disabilities in their ADLs and IADLs (Meng et al., 2006).

(View this article here)

USA Network Launches Characters Unite Month to Promote Tolerance, Respect and Unity

NEW YORK, Nov. 22, 2010 /PRNewswire/ -- USA Network today announced the launch of "Characters Unite Month," shining a special spotlight on efforts to promote tolerance and respect as we look forward to a new year. The initiative, part of the network's ongoing Characters Unite public service campaign to combat prejudice and discrimination in partnership with leading nonprofit organizations, kicks off Thanksgiving week with multiplatform elements and special events. The project includes an original Characters Unite-themed documentary; on-air promotion and Public Service Announcements (PSAs); extensive digital content, such as a new Facebook game application; star-studded community storytelling events and education workshops in partnership with The Moth; the Characters Unite Awards; and a new national poll.

In making the announcement, Bonnie Hammer, president, NBC Universal Cable Entertainment and Cable Studios, said, "Over the past year, an 'us vs. them' attitude has prevailed everywhere from school corridors to town halls to Capitol Hill. It's time to set the stage for a more productive year ahead – to focus on what can bring us together rather than what drives us apart."

PROGRAMMING

The programming centerpiece of Characters Unite Month is a new, one-hour special, TOM BROKAW PRESENTS BRIDGING THE DIVIDE, which premieres Friday, December 10 at 7/6c. Produced by Peacock Productions and hosted by Brokaw, the documentary will showcase America's progress in the approximately 50 years since the launch of the civil rights movement and will look beyond the salacious headlines to provide a truer and more complete picture of where the country stands on a range of issues, from discrimination on the basis of race, gender, religion, disabilities and sexual orientation to bullying in schools. The film will also highlight people who are working tirelessly for progress and solutions to create a more tolerant United States. Coinciding with the documentary premiere, USA will release the results of its second annual "United or Divided" nationally representative opinion poll on Americans' views on a range of civil and human rights issues, conducted by Hart Research Associates (D) and Public Opinion Strategies (R).

ON-AIR SUPPORT

USA will turn over its airwaves throughout the month to commemorate Characters Unite with a custom on-air bug, multiple snipes directing viewers to charactersunite.com and a series of original PSAs with the stars of USA's hit original series. Each PSA focuses on a relevant campaign issue, including COVERT AFFAIRS' Sendhil Ramamurthy speaking out against hate crimes, WHITE COLLAR's Tim DeKay urging community solutions to bullying, IN PLAIN SIGHT's Mary McCormack calling for a stop to gender violence, and several other cast members, such as WHITE COLLAR's Matt Bomer and Sharif Atkins, andCOVERT AFFAIRS' Anne Dudek, promoting diversity and religious tolerance. A wide range of USA stars will also be featured in a vignette called "Labels," which calls on viewers to accept everyone's differences and push aside the stereotypes, prejudice and hatred that divide us.

In addition, USA and its participating Multichannel Video Programming Distributors (MVPD) will salute the eight winners of the 2nd Annual Characters Unite Awards in an on-air spot with ROYAL PAINS' star Reshma Shetty. The awards recognize people who are making a difference to promote civil rights in their communities. The winners, who will each receive a $5,000 grant, were selected from hundreds of applicants.

COMMUNITY OUTREACH

Off-air, USA continues its powerful partnership with renowned storytelling organization The Moth, hosting the second in a national series of five Characters Unite Mainstage showcases entitled "A More Perfect Union: Stories of Prejudice and Power." Following its debut in New Orleans, the tour stops in New York City on Monday, December 6, at the historic New York Public Library, with a star-studded event presented by Time Warner Cable's East Region/NYC. Stage and screen star Kristin Chenoweth (star of Broadway's hit musical "Promises, Promises") will serve as the night's host. Participating storytellers, who will each share a true, ten-minute story of his or her experience with bigotry or discrimination, include Mos Def (acclaimed actor and hip-hop artist), Simon Doonan (creative director of Barney's New York), Wes Moore (youth advocate, army combat veteran and author), Aimee Mullins (Paralympic athlete, actress/model and motivational speaker), and Sirdeaner Walker (anti-bullying advocate whose son committed suicide after facing relentless taunting in school). USA, its MVPD partners, and The Moth and its creative team will continue the tour in 2011 with stops in Chicago, Denver and Seattle.

The Characters Unite high school storytelling program also continues at Humanities Preparatory Academy in New York City. Beginning on December 13, USA, in partnership with The Moth's ongoing workshops and Time Warner Cable's East Region/NYC, will conduct an after-school program in which ten students will receive in-depth training on the art of storytelling and will develop their own five-minute story about prejudice and power. At the culmination of the workshops, the students will share their stories at an in-school assembly on December 17, giving the entire student body the opportunity to start a larger dialogue about respect and understanding. A Characters Unite school study guide, meeting national education standards, will also be available to teachers in high schools across the country. The curriculum, designed in partnership with The Moth, will include information about Characters Unite issues as well as thought-provoking and fun activities to help shed stereotypes and increase respect.

DIGITAL OUTREACH

The newly re-designed and video enhanced website, charactersunite.com, will be greatly expanded to include several new interactive features to further engage viewers in the campaign and enable them to share, comment and add their own personal stories. Highlights include:

• Characters Unite Pledge – Visitors online can register and take the pledge for unity and understanding. They will be encouraged to share their commitment through Facebook Connect and other social media. USA will donate $1 per pledge to its nonprofit partners during Characters Unite Month (November 22 - December 24)*.
• Facebook Game Application "Social Circle" – Allows players to engage and examine how diverse their circle of friends is as a means of assessing their own diversity quotient.
• Characters Unite Facebook Page – A dedicated page (facebook.com/charactersunite) provides a way for people to interact with the campaign and connect with others who support the initiative.
• Characters Unite Twitter Feed – USA will provide the latest news on relevant campaign issues with its Twitter feed (twitter.com/charactersunite).
• Video Hub – Houses all the PSAs, vignettes, the documentary and stories from The Moth tour.
• Education Kit – Includes downloadable activity cards and a curriculum that addresses Characters Unite issues and provides the tools for high school students to craft and tell their own stories of prejudice and discrimination in their classrooms.

Characters Unite messaging will be syndicated through USA's social media outlets including its Facebook page (facebook.com/usanetwork) and Twitter Feed (twitter.com/usa_network).

The Characters Unite non-governmental partners include the American-Arab Anti-Discrimination Committee, American Association of People with Disabilities, American Federation of Teachers, Anti-Defamation League, Asian American Justice Center, Children's Defense Fund, Federal Law Enforcement Officers Association, General Board of Church & Society of The United Methodist Church, GLAAD, Human Rights Campaign, Human Rights First, Leadership Conference on Civil and Human Rights, National Association for the Advancement of Colored People, National Association of Counties, National Council of La Raza, National Education Association, National Council of Women's Organizations, National Congress of American Indians, National Parent Teacher Association and Southern Poverty Law Center.

(* Up to a maximum of $20,000)

USA Network is the #1 network in all of basic cable and is seen in over 102 million U.S. homes. A division of NBC Universal,USA is the cable television leader in original series and home to the best in blockbuster theatrical films, acquired television series and entertainment events. The award-winning USA website is located at www.usanetwork.com. Characters Welcome.

USA Network is a program service of NBC Universal Cable a division of NBC Universal, one of the world's leading media and entertainment companies in the development, production, and marketing of entertainment, news, and information to a global audience.

SOURCE USA Network