“If I regarded my life from the point of view of the pessimist, I should be undone. I should seek in vain for the light that does not visit my eyes and the music that does not ring in my ears. I should beg night and day and never be satisfied. I should sit apart in awful solitude, a prey to fear and despair. But since I consider it a duty to myself and to others to be happy, I escape a misery worse than any physical deprivation.” – Helen Keller

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“I discovered early that the hardest thing to overcome is not a physical disability but the mental condition which it induces. The world, I found, has a way of taking a man pretty much at his own rating. If he permits his loss to make him embarrassed and apologetic, he will draw embarrassment from others. But if he gains his own respect, the respect of those around him comes easily.” – Alexander de Seversky

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“Not only do physically disabled people have experiences which are not available to the able-bodied, they are in a better position to transcend cultural mythologies about the body, because they cannot do things the able-bodied feel they must do in order to be happy, ‘normal,’ and sane….If disabled people were truly heard, an explosion of knowledge of the human body and psyche would take place.” – Susan Wendell

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“One always overcompensates for disabilities. I’m thinking of having my entire body surgically removed.” – Douglas Adams

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“It is a waste of time to be angry about my disability. One has to get on with life and I haven’t done badly. People won’t have time for you if you are always angry or complaining.” – Stephen Hawking

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“We all have a disability of some kind; all are lacking in one way or another. Saul has an injury to his leg. What if his personality was deformed? How much worse if his soul was lame? Preachers or teachers look for the good in all of us. (Bless them for doing so.) I don’t see a cripple. I haven’t met anyone yet who isn’t handicapped in some way. So what’s the big deal? Don’t hide your deformity. Wear it like a Purple Heart.” – Georgiann Baldino

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“Disability is not a brave struggle or ‘courage in the face of adversity.’ Disability is an art. It’s an ingenious way to live.” – Neil Marcus

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“The goals of our public welfare program must be positive and constructive. [The welfare program] must stress the integrity and preservation of the family unit. It must contribute to the attack on dependency, juvenile delinquency, family breakdown, illegitimacy, ill health, and disability. It must reduce the incidence of these problems, prevent their occurrence and recurrence, and strengthen and protect the vulnerable in a highly competitive world.” – John Fitzgerald Kennedy

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“New information and communications technologies can improve the quality of life for people with disabilities, but only if such technologies are designed from the beginning so that everyone can use them. Given the explosive growth in the use of the World Wide Web for publishing, electronic commerce, lifelong learning and the delivery of government services, it is vital that the Web be accessible to everyone.” – Bill Clinton

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“I congratulate President Obama for taking some time today to remember the 19th anniversary of the Americans with Disabilities Act.  There is no place in our society for prejudice of any kind, yet it was not that long ago when Americans with disabilities were often not given equal rights and opportunities.  Whether the cause was ignorance or indifference, it was not acceptable.  We can all take pride in how much the ADA has accomplished, which is evident every time you attend a sporting event, ride the subway, or go to work.  Yet, there is always more to be done, which is why it’s good not only to celebrate our successes, but to look forward at what still must be done.  As long as we never forget that every life is a miracle and each person has something to contribute, we will finish the job.” – Statement from Former President George H.W. Bush on the Anniversary of the Americans with Disabilities Act – July 24 2009.

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Employment Accommodation Requirements

The Americans with Disabilities Act (ADA) mandatorily requires employers to make reasonable disability accommodation if they employ more than 15 people at the workplace. The purpose of this law is to make it easier for people with disabilities to work by making minor adjustments to fit their needs. Even though it is compulsory to abide by this law, if such disabled accommodation causes undue hardship to the employer in the form of financial or operational issues, such arrangements will not constitute as mandatory. Each case is unique and must be processed individually. Providing disability accommodations like readily available assistive technologies, making minor changes to work areas, assigning translators and readers, would not cause undue hardship to the employer in most cases. However, costly equipments, making huge architectural changes to a site or expensive personal assistants may be regarded as unnecessary and be dismissed.

Learning Disability Accommodation

Declaring disability in the workplace can become a delicate issue and thus precaution must be taken to address it appropriately. When disabled accommodations are made by someone, certain things must be kept in mind in order to continue running your business smoothly while abiding by all disability laws.

• Confidentiality: It is important that you respect the confidentiality of the medical records provided by people with disabilities requesting disability accommodation. Records of such documents must be kept in separate files, available only to those who are directly in charge or employment accommodation procedures.

• Qualification: The employer must determine whether or not the specific tasks can be performed by an individual if proper disability accommodation was provided for him. While disability discrimination in the workplace is illegal, the person must be fully qualified in order to receive requested disability accommodation.

• Determine Needs: After filing disability accommodation paperwork, it always helps to talk to the individual to determine his specific needs. Learning disability accommodation requirements of the individuals helps make appropriate arrangements.

• Monitor: After implementing the required disability accommodations, occasional check-ups must be made to see if the employee’s needs are being met with. Disability in the workplace need not be a concern if it is monitored properly.

Getting Help with Disabilities Accommodation

• Job Accommodation Network (JAN): The JAN deals with disability in the workplace and is a free service provided by the US Department of Labor in order to increase employability of people with disabilities. They provide advice and technical assistance to individuals about disability accommodation.

• Tax Credits:  The Government provides a few tax credits to employers to help them incur the costs incurred by employing people with disabilities.

Small businesses can take advantage of the Disabled Access Tax Credit which allows up to 50% of eligible expenses.

Other businesses may also benefit from Architectural Barrier Tax Credit by receiving up to $15000 a year for incurring costs due to physical changes made to the firm for disabilities accommodation.

People with disabilities have a hard time adjusting to regular activities of life due to their conditions. Making disability accommodations for them at the workplace provides them with an opportunity to use their skills as professionals like everyone else.  Disability in the workplace can be easily taken care of by minor adjustments and additions to help a person with a disability function better. With the help of certain government programs, disability discrimination in the workplace can be avoided and people with disabilities can become strong, productive individuals.

References:

1. U.S. Department of Labor
2. Workplace Accommodation Policy – The Workplace Rehabilitation Engineering Research Center
3. Job Accommodation Network – Office of Disability Employment Policy
4. Job Opportunities for People with Disabilities – U.S. Office of Personnel Management

If you are disabled with either a physical, intellectual or psychiatric disablement that prevents you from working then you may qualify for disability support pension,if you are working but cannot use public transport because of your disability then you may be entitled to claim mobility allowance, if you provide daily care to someone who is disabled then you may be entitled to carer allowance, more information can be found at:

Disability support pension

http://www.centrelink.gov.au/internet/internet.nsf/payments/disability_support.htm

Mobility allowance

http://www.centrelink.gov.au/internet/internet.nsf/payments/mobility.htm

Carer allowance

http://www.centrelink.gov.au/internet/internet.nsf/payments/carer_allow_adult.htm

Canada

The Ontario disability support program is based on meeting the needs of disabled people and helping them become more independent in their day to day living. There are two ways in which they can help, providing financial assistance for those with disabilities and providing support for disabled people in the working environment. More information can found at:

http://www.mcss.gov.on.ca/CFCS/en/programs/IES/OntarioDisabilitySupportProgram/default.htm

Ireland

The Irish social welfare system has several benefits that disabled people may be entitled to receive which include disability allowance, disability benefit and blind pension. More information can found at:

http://www.welfare.ie/schemes/ill/index.html

New Zealand

New Zealand offers several benefits and ways of support for disabled people in ensuring a better quality of life, some of which include mobility allowance if you need help getting around and disability allowance for people with long term disabilities and need help with every day tasks. More information can be at their website:

http://www.govt.nz/services?treeid=786

Scotland

Scotland offers several disability pensions for disabled people such as disability living allowance, attendance allowance, incapacity benefit and carer’s allowance. More information on which benefits you may be entitled to because of your disability can be found at their website:

http://www.carerscotland.org/Information/Financialhelp

United Kingdom

Useful information for the disabled regarding any benefits they may be entitled to and the rights of the disabled in different circumstances can be found at:

Financial support for the disabled

http://www.direct.gov.uk/DisabledPeople/FinancialSupport/fs/en Employment rights and benefits:

http://www.direct.gov.uk/DisabledPeople/Employment/fs/en

Home and housing rights and options

http://www.direct.gov.uk/DisabledPeople/HomeAndHousingOptions/fs/en

Health and support rights and benefits

http://www.direct.gov.uk/DisabledPeople/HealthAndSupport/fs/en

Education rights and allowances

http://www.direct.gov.uk/DisabledPeople/EducationAndTraining/fs/en

Disabled people’s rights

http://www.direct.gov.uk/DisabledPeople/RightsAndObligations/fs/en

Motoring schemes and rights

http://www.direct.gov.uk/DisabledPeople/RightsAndObligations/fs/en

Disabled people’s rights when travelling

http://www.direct.gov.uk/DisabledPeople/TravelHolidaysAndBreaks/fs/en

United States

The USA has two major financial support packages which disabled people may be entitled to receive, the social security disability program which is based on social security disability insurance which means you may be entitled to help if you are insured and supplemental security income which pays benefits based on financial needs. More information can be found at:

http://www.ssa.gov/disability/

Social security disability insurance

http://www.ssa.gov/dibplan/index.htm

Supplemental security income

http://www.ssa.gov/notices/supplemental-security-income/.

There are very good reasons for telling the employer about your disabilities because you have certain rights in the workplace due to your disabilities. The disability discrimination act is there to protect a disabled person, which means it is against the law for an employer to discriminate against you in recruiting and choosing an applicant for the job.

Under this act the employer has to consider making reasonable adjustments to the workplace to accommodate the disabled person if need be.

If you choose not to tell the potential employer about your disability then a tribunal could decide that the employer was right in failing to make adjustments if you encounter problems, because your employer didn’t know of your needs beforehand.

When to declare your disability

Bear in mind these points when deciding whether or not to tell a potential employer about your disability.

* If you are asked outright in an interview about your health or any disabilitie’s then you must answer honestly.

* If you fill in any forms and sign a declaration that you do not have a disability then you could face legal problems later.

* Some application forms ask outright questions concerning disability you must answer all the information honestly and give details of the important points regarding your disability.

* Explain how your disability might affect the work you are applying for.

* Focus on your good points and why you are best suited for the job.

* If you feel your disability could help you and have a positive affect in the particular job then state why.

Going for the interview

If you are asked to attend an interview for the job then makes sure the person holding the interview knows of any help you might need such as an interpreter or help needed with access to the building. For instance if the interview is to be held on the top floor is there suitable access for a wheelchair?

The employer will respect you more if you are up front and honest with them in the first place and although it is not a legal requirement for you to disclose your disability beforehand it is much easier if the potential employer or interviewer is prepared.

The interview time should be spent on why you’re the right person for the job not having to answer questions about your disability when you could have answered these questions beforehand so being upfront is always a good idea.

Many employers now have excellent equal opportunities policies regarding the disabled so you may feel more at ease during an interview if this has been discussed beforehand.

What you can do if you think you were treated unfairly

If you think you were unfairly treated during the interview because of your disability then you can make a complaint to an employment tribunal, the tribunal will then:

* Look into the case and decide if they think the employer treated you unjustly and against the law.

* Give recommendations to the employer, for example ask the employer to rethink and employ you or change its policy.

* Ask that the employer pay you compensation.

You are classed as disabled if you have a physical or mental impairment which causes a long term adverse effect in carrying out normal day to day activities. Normal day to day activities are such things as being able to feed yourself, take care of your personal hygiene, being able to shop for yourself and walking.

Usually the period classed as long term is at least 12 months but there are no hard and fast rules regarding this. It is classed as a substantial adverse effect when your abilities are limited in more than just minor ways and your inability will go towards deciding if you are classed as disabled or not by law.

Disability : Day to day activities

The disability discrimination act covers eight different kinds of ability, if one or more of theses are affected by your disability then your ability to carry out everyday activities is said to be affected.

* Your ability to move around.

* The use of your hands often called dexterity.

* Your physical co-ordination.

* Having full control of your bodily functions.

* Having the ability to carry, move and lift everyday objects.

* Your hearing, eyesight and speech.

* Your concentration and your ability to understand.

* Your awareness of physical danger.

Special cases taken into consideration

In some people their impairment comes and goes, most of the time you are only classed by law as disabled if the adverse effects are more likely to return in the future. People being diagnosed as having cancer, HIV or multiple sclerosis are classed as disabled from the time they contract the disease whether or not it causes an adverse effect at the time.

Any condition you have that is likely to worsen over a period of time is covered by the disability act from the moment the illness or condition begins to have adverse effects on day to day activities. Examples of this are if you suffer from Alzheimer’s disease or muscular dystrophy.

You are also protected under this act if you use any kind of aid in day to day living such as an artificial limb or medication taken on a daily basis to control epilepsy.

The law does not cover for example people who wear glasses or contact lenses, those suffering from illnesses such as hay fever and other allergies and people who are affected by addiction to alcohol, nicotine or drugs that were not prescribed.

There isn’t a more nerve wracking experience to endure in life than paying a visit to a court of law for whatever reason. For disabled people however, it is even more taxing, unless the court of law conforms to disability regulation and is fitted with adjustments to benefit disabled people.

If you are deaf or hard of hearing

If you are deaf or hard of hearing and have to attend court for any matter then you are entitled to certain rights, information and support regarding communication and facilities should be given to you by the court.

For example when your hearing is due to take place it might be called over a tannoy system which you may have trouble hearing due to your impairment, if this will be a problem for you then you should make the court clerk aware of it beforehand.

Facilities in the Courtroom

Many court rooms are fitted with infra red facilities including induction loops and if you think you will need to take advantage of this then be sure to tell the clerk on your arrival.

You have the option of visiting the court before your case is due to come up to see what options are available to you for your disability and also to make it be known that you suffer from a disability so will need extra help.

Providing you give the court adequate notice beforehand then an interpreter can be arraigned by the court to assist you in your hearing. If you are in attendance at the court for example as a claimant or defendant in a civil or family matter then it is down to the court to pay for the interpreter, they will only pay for the interpreter however if they were booked through the court.

Preparation for your case such as meetings with your lawyer in which you need assistance via an interpreter is not covered by the court and you must pay for this yourself. Only a qualified interpreter can be used in relaying information at the hearing, if you do want a family member or friend to act as your interpreter then you must ask the permission of the judge.

The judge will decide if you are able to use this person and he will want to make sure that they can relay the exact information that you are giving to the court.

Going to court if you are blind or visually impaired

If you are blind or your vision is impaired in any way then you have certain rights as do deaf and hard of hearing people and the court will be able to provide you with help for your disability. For example if you are to be on a jury panel then any evidence that is written must also be read aloud.

You will be able to visit the court before your case is due to come up and get a feel of the surroundings, the court should also have audio tape recordings that you can listen to at home and they should also be able to supply you with leaflets in Braille.

If you have the help of a guide dog then the dog will be allowed into the courtroom with you at your hearing, if you are serving as a member of the jury then it is usually possible for your dog to be looked after while you are in the courtroom.

Filed under: Disability & The Law Courts

A study has recently shown that despite new laws under the disability discrimination act many websites are still inadequate when it comes to providing suitable access for those with disabilities.

Since 2003 the disability rights commission began testing websites to make sure they were complying with guidelines set out by the World Wide Web Consortium’s Web Content Accessibility programme. Of 1,000 sites tested 81% of them failed to reach the minimum standard of accessibility.

How Testing Was Done?

Testing was done running commercial available software on each of the 1,000 sites, testing included for example images on websites, such images on web pages should have what is described as an “Alt-tag” included for the use of blind or visually impaired people and is a text alternative which is a description of the image on the page.

The “Alt-tag” is read using a screen reader. Of the sites tested 100 of them were also tested manually by a disabled user group with disabilities ranging from dexterity impairments, blindness, partial sight, dyslexia and hearing impairments.

A large number of the websites which did have the “Alt-tag” feature were found to be wrong in matching the actual description with the image, for example the picture could be a cat and the description was dog.

Along with problems such as this the people testing also found many other problems such as cluttered and complex web page designs, confusing and disorienting navigation systems, and failure to describe images at all along with poor contrast between the background pages and content which made reading hard.

The research concluded that on average 8 instances of the guidelines put in place were being violated per homepage, and also found on average a potential 108 instances on the typical homepage where a disabled person would have particular trouble because of there disability.

Only 2 web sites out of the 1,000 tested actually reached the second highest level AA and not one of the sites tested managed to reach the top level.

When these findings where brought to light the DRC warned that hundreds of businesses may not be complying with equal access law for the disabled and that it was inevitable that they would face legal action from their disabled customers at some stage.

The Legal Obligation

The disability discrimination act states that it is unlawful for a provider of services to discriminate against a disabled person in failing to comply with its provisions.

Filed under: Disability & The Internet