Accessibility

News bulletin: Information for blind and low-vision voters

Election Polling Place Station

The Help America Vote Act (HAVA) requires that every polling place have at least one accessible voting machine available for every federal election so voters with disabilities can cast a private and independent ballot. To help ensure that blind and low-vision voters are not denied this right, the National Federation of the Blind will host an Election Day hotline that blind and low-vision voters, poll workers, and voting rights advocates can call when problems with accessible voting technology or other barriers are preventing a blind voter from casting a private and independent ballot.

The hotline will be available on November 3, 2020, by calling 1-877-NFB-1940 ( 1-877-632-1940( from 7 a.m. to 8 p.m. Eastern and Pacific standard time. Individuals who have experience in the operation of accessible voting technology will be staffing the hotline to provide assistance to blind voters, poll workers, and voting rights advocates.

After exercising the fundamental right to vote, blind and low-vision voters are encouraged to complete our 2020 Blind and Low-Vision Voter Experience Survey. The 2020 blind and low-vision voter experience survey consists of two separate surveys. Those voters who voted absentee or by mail using an accessible electronic ballot delivery system or a traditional paper ballot, are encouraged to complete the survey for blind and low-vision voters who voted absentee or by mail at https://www.surveymonkey.com/r/YJJL7GN.

Blind and low-vision voter who voted at an early voting center or at a polling place on Election Day, are encouraged to complete the survey at https://www.surveymonkey.com/r/NGFMPF2.

Questions about the blind voter hotline or the blind voter survey may be directed to Lou Ann Blake, by e-mail at lblake@nfb.org or by phone at 410-659-9314, extension 2221, or Jeff Kaloc, by email at jkaloc@nfb.org or by phone at 410-659-9314, extension 2206.

“Do your job or you’re fired”: Job accommodations for people with disabilities

Kyla

Gary works as a Credit Analyst for a mid-sized company. About a year ago, Gary suffered a brain injury during a car accident. Since then, he has trouble staying focused and alert during tasks, and some assignments take longer than usual to complete. His supervisor notices the changes in his work and calls Gary into the office. His supervisor tells him that his work performance has “tanked” and that he needs to “pick up the slack”. Gary tries to explain that he’s had difficulty concentrating since the accident, but his supervisor cuts him off, saying, “we hired you to do a job, and if you can’t do it, we will find someone else.”

Gary walks out of the meeting hurt and frustrated. He likes his job and believes that he can continue doing the work. He doesn’t think it’s fair that his boss is punishing him for something that’s out of his control.

THE AMERICANS WITH DISABILITIES ACT 

Gary, luckily, has the law on his side. Under the Americans with Disabilities Act (ADA), employers are prohibited from discriminating against employees on the basis of disability. Furthermore, the ADA requires that employers provide reasonable accommodations in the workplace that enable a qualified employee with a disability to perform his or her job. Reasonable accommodations are any changes to the workplace or the way a job is performed that allows an employee to do the job despite his or her disability. They level the playing field and should not be considered unfair advantages.

REASONABLE ACCOMMODATIONS

Accommodations are based on specific barriers rather than the underlying disability. In Gary’s situation, he has trouble with concentrating and staying on task. Some reasonable accommodations could include written instructions, a color-coding system with tabs and sticky notes, or breaking down a task into multiple steps. Other examples of reasonable accommodations can include:

  • Improving access to the workplace, such as installing a ramp or modifying the bathrooms, for an employee with limited mobility
  • A flexible work schedule allowing periodic breaks for an employee with clinical depression
  • Text-to-speech and speech recognition software for an employee who is blind or has low-vision
  • Modifying a “no animals” policy to allow an employee to bring his or her service animal to work

Employees may receive a reasonable accommodation if he or she is a qualified employee and the requested accommodation would not be an undue hardship on the employer. To be a “qualified” employee, an individual must be able to do perform the essential functions – or fundamental duties – of the job with or without accommodations. Employers must provide reasonable accommodations to a qualified employee with a disability regardless of whether he or she is full-time or part-time.

An accommodation is an “undue hardship” only if it is too costly or would be significantly difficult to implement. Employers must determine whether an accommodation is an undue hardship on a case-by-case basis; they cannot make decisions based on stereotypes or generalized conclusions.  Employers are NOT, however, required to eliminate or significantly change an essential function of the job as an accommodation.

REQUESTING ACCOMMODATIONS

Employees can request reasonable accommodations from their supervisors or their organization’s Human Resources office. If the disability or need for an accommodation is not obvious, employers may ask for medical documentation verifying the existence of a disability and its functional limitations. An employee’s preferred accommodation will be given consideration, however, the employer may choose among reasonable accommodations so long as the chosen accommodation is effective.

RELATED RESOURCES

Job Accommodations – U.S. Department of Labor

https://www.dol.gov/general/topic/disability/jobaccommodations#:~:text=A%20job%20accommodation%20is%20an,to%20work%20schedules%20or%20responsibilities

Reasonable Accommodations in the Workplace – ADA National Network

https://adata.org/factsheet/reasonable-accommodations-workplace

The Job Accommodation Network

https://askjan.org/

Kyla Bishop is an attorney with Disability Rights Arkansas. Email her at kbishop@disabilityrightsAR.org.

Small wins for DRA are big wins for people with disabilities

Disability Rights Arkansas

We get a lot of calls here at Disability Rights Arkansas, from people experiencing all kinds of challenges. Some of those challenges are big – they impact a lot of people, and they’re the kinds of stories you read about in the papers. But the majority of our clients don’t need to go to court. They just need someone to listen and help them navigate complicated systems or ensure their voices are heard. A little advocacy can go a long way – and while these stories rarely make the front page, they do change lives for the better.

One of our clients, a PASSE beneficiary, contacted us after the PASSE failed to complete a home ramp installation. The PASSE paid a local business to build the ramp last fall, but the ramp never got built, even though the business had accepted payment. One of our attorneys filed a grievance with the PASSE on behalf of the client. The PASSE, in turn, connected our attorney with a senior investigator from their fraud investigations unit. Together, our attorney and the investigator contacted the local business to get them to start construction on the ramp, but the business refused to begin construction. Finally, the PASSE agreed to pay another local contractor to build the ramp – and he completed the ramp in April of this year.

Recently, another client called seeking help getting accommodations for his job at a grocery store, where he was in charge of the frozen foods section. He has Autism, among other disabilities. He typically worked alone and was the only employee in his department. This kept him busy enough – but then the pandemic hit. Suddenly the inventory increased dramatically, and his stress levels with it. He wanted accommodations so that he could stay mentally healthy and perform his job effectively, but he was afraid that speaking up might be used as an excuse to terminate him. Our attorney explained the laws and the process for requesting accommodations from an employer. We helped him draft an effective letter. He gave that letter to his manager, who was more than happy to grant his accommodation. He starts in a new department next week.

We’re in the business of protecting and advocating for the human and civil rights of people with disabilities. Sometimes that means making sure a client gets a ramp. Or helping someone request accommodations that help him or her stay in a job they love and depend on.

So we celebrate all of our wins. Because when we win, it means that someone with a disability gets something they need to live life on their own terms.

DRA’s resident Seeing Eye dog shares tips for interacting with service animals during COVID-19

Boomer

Hello Humans! This is Boomer, the resident Seeing Eye dog here at Disability Rights Arkansas! Like most of you, social distancing is affecting my regular work routine. So, I have decided this is the perfect time for me to try my “paw” at blog writing.

As a guide dog, I am responsible for keeping my human, who is blind, safe as she navigates and travels throughout her daily life activities. I’m a lucky dog to get to go everywhere my human goes! In the past few months alone, I have crossed the Golden Gate Bridge in California, played in the snow in the mountains of Colorado, and watched Roger Federer (among many other great tennis stars) play some tennis in Ohio. My regular days see me working at the DRA office, running errands around town, and going for long neighborhood walks. No matter where I’m working, one thing is always guaranteed: I am going to attract attention. Let’s face it… I’m a great looking guy! I love to be admired, but it needs to be from a distance. My work requires a lot of focus and when humans call out to me, whistle, or try to pet me, it can distract me. If I’m distracted, then I could be putting my human and myself in danger. Even when it looks like I am not working, for instance, I often rest quietly at my human’s feet in restaurants and waiting rooms, I am still working while I’m being a good boy. Believe it or not making eye contact and staring at me can make me anxious and cause me to lose focus. It is always best to ignore a working dog when you see one in harness or vest.

It is especially important during the COVID-19 pandemic not to try and pet me or otherwise ignore social distancing recommendations. Although animals CANNOT contract COVID-19, if you pet me or touch my harness, you could potentially leave behind germs for my human and her family. Also, while I am trained for many things, I am not trained to maintain a social distance perimeter of six feet. you can help by announcing yourself to my human and she will adjust our positioning accordingly. Please understand that while you may have the best intentions, it is never okay to touch a person who has a disability or their service animal without their express permission. If you would like to offer assistance to a person who is blind or has a different disability, simply ask if you may help in some way. Especially to a person who is blind, it can be scary to be grabbed by a stranger! I love people, but it makes me uncomfortable for this to happen to me or my person! I have dog friends, but when I am working I cannot play with your pet. Even if your pet is on a leash, it prevents me from working safely if I am distracted.  A long leash is not a solution for trying to social distance. This can get us all tangled up together!

Human friends, please take care of yourselves in the days and weeks ahead. If you are fortunate to have a furry family member, enjoy the extra time with them! Do your part to “flatten the curve.” If you see a service animal, allow them to do their job. Some of these special animals have partners with underlying health conditions. As cute as we are, your distancing could save our humans!

Much Love,

Boomer

P.S. If you are interested in learning more about Seeing Eye dogs, check out seeingeye.org

Boomer is a dog and therefore doesn’t have email. However, you can email his human with any questions at mhernandez@disabilityrightsar.org.

Linguabee offers free VRI services at COVID-19 test sites

Getting tested for COVID-19 is stressful enough without having to worry about how to communicate with people at the test site. That’s why Linguabee is offering free VRI services to Deaf people at remote test sites where an interpreter would otherwise be unavailable.  Please visit the Linguabee website for additional information and instructions:  https://www.linguabee.com/covid19

Linguabee’s instructions for Deaf/Hard of Hearing users prior to arrival at testing site:

1.Contact our Care Team

Contact our care team using Live Chat, email, text or call 855-585-5859 and request for VRI services when you need to test for COVID-19.

Include the following information when you reach out to us:

  • Your full name
  • When you plan to get tested
  • Address of the testing site you plan to visit
  1. Download App

In the meantime, download the Whereby app for your mobile phone or tablet. If you are using the desktop, you will need the latest version of Chrome.

3.Test video connection

Our care team will be in touch with you and test the video connection to make sure everything is working. This ensure you are all set without additional stress at the testing site.

Q&A

1. Is this offering extended to residents in all 50 states and 5 territories?

We are providing this service in ASL, anywhere. Just to be clear, it’s only for ASL. If a different sign language is needed, we will not be able to support this.

2. At what point does the offering of free VRI services cease after the COVID-19 test is administered? To clarify, if any follow up visits need occur, at what point does the free VRI service transition into paid service?

We will provide free service at the test site. If they are diagnosed with C19 and directed to a hospital or medical center, that facility is responsible for interpreting services themselves. If needed, we will work with the Deaf consumer as long as they provide contact info and we’ll reach out to the facility to let them know that a Deaf patient is coming and they should schedule for an interpreter with the agency they are working with.

3. Are there hours/days/limitations of this offer?

This is a 24/7 service, however, as you can guess, finding an interpreter at the last minute during the overnight hours may prove to be difficult.