Disability Law Center

Utah AHEAD Conference

Presented by: Liz McCoy and Lindsay Boerens

Today’s Objective

General DLC overview

Employment ServicesAccess & Rights Services

Making referrals

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

DLC Mission Statement

To enforce and strengthen laws that protect the opportunities,

choices and legal rights of people with disabilities in Utah.

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.

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

DLC Issue Teams

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

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)

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.

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

CAP

How do I qualify for CAP services?

Live in Utah

Need or receive VR/IL services

Have been denied services

Disagree with their counselor’s decisions

Have had their cases closed

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

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

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

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

Discrimination Cases

Employment Benefits

Applying/Hiring

Termination

Wage and hour issues

Reasonable accommodations

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 do’s and don’ts.

Case Example

Access and Rights Team

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

to the public

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

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

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

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

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.

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

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

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.

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

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

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

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

We are all Temporarily Able Bodied, TABs

For help or questions…

Call the DLC toll-free at 1-800-662-9080

Email questions or request for info at info@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