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Author Topic: Americans with Disabilities Act
mackillian
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What does this mean?

I'm terribly curious now. Because of my manic episode last week during class, I had to speak with my graduate program about my illness. Provisions are being made about what to do in case of another instance like last week's (much the same as the safety net I have set up at work, symptoms to look for, what to do and who to call in those instances, etc). What I was told was it's all covered in the ADA.

I have a disability? What?

They also said I should let each of my professors know so that if something DOES happen, they have a heads-up.

I'm having a tough time with this. I can't exactly place it. I don't feel that I'm disabled.

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Papa Moose
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I don't know how it all works, but if you can get a parking placard out of this, take it.

(((mack)))

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sndrake
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Mack,

Legally, people with psych labels, mental illnesses, mental health consumers - or whichever term you prefer - are defined as people with disabilities under the Americans with Disabilities Act.

In fact, the current president and CEO of the American Association of People with Disabilities , Andy Imparato, is someone who self-identifies as having a psychiatric disability. I think he has bipolar disorder. But don't hold me to that. (edited to add: after some brief checking through google, I confirmed that the bipolar label is correct.)

It's good to hear that there is willingness in your department to provide accommodations. Having your department's support will be important if you run into individual faculty who are a little less supportive about providing accommodations.

[ November 08, 2003, 02:21 PM: Message edited by: sndrake ]

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xnera
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Earlier this week when I realized my depression had been flaring up and needed to be treated again, I clicked around various depression sites and stumbled on a website for Handling Your Psychiatric Disability in Work and School. It talks a lot about the ADA and how it relates to mental illness. More links here and here.

I'm not sure how I feel about it myself. I do have to admit that when I was fired last year, I seriously thought about reading up on the ADA laws to see if maybe I could protest my firing due to the severe depression I was experiencing at the time. I decided not to because I hated that job anyway.

This week the ADA's been on my mind a lot, especially since I'm now on probation at work. Which again is caused by a flare-up of the depression. Although I'm a little unnerved at mental illness being labeled a disability, I am glad that it *is* included in the ADA, if only because it gives me a tool for working with my employers to guarentee that I am the most productive employee I can be.

I'm talking about Reasonable Accomodations. I do not feel like I had Reasonable Accomodations at my previous job. I don't think they really tried to work with me. Heck, they practically ignored me, but that was partly due to the structure there. At my current job, I definitely feel they are trying to make reasonable accomodations. First off, they put me on probation instead of outright firing me. That's a good sign. Also, I want to go back to therapy. I was concerned that I might not be able to find a therapist who could work with my schedule. If so, I was going to see if I could get a late afternoon or early morning appointment, and make arrangements with work to adjust my schedule. The ADA says they would have to make that accomodation. I happened to find a therapist who could meet with me at 9:00 on Tuesday evenings (yay!), but I'm comforted to know that I have the law behind me in case I need to use it.

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Kayla
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Reasonable Accommodation

EEOC Enforcement Guidance

Americans with Disabilities Act- A Guide for People with Disabilities Seeking Employment

Work-Site Accommodation Ideas for Persons with Psychiatric Disabilities

Steve, have you ever seen WorkWORLD? Also, do you know anything about the ticket to work program? I find the idea of actually going to the state Voc Rehab to see if they could help me horribly frightening. You know, for as many agoraphobics as there are in the world, you'd think they'd have better online access to all this information.

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Kayla
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See what happens when I spend too much time browsing the internet and don't check back before I post? Nice links xnera.
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sndrake
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Kayla,

I haven't seen that site - I'll be checking it out later, though. Sad to say, specializing in "death with dignity," "better dead than disabled," keeps me occupied full-time - haven't had a day off in almost a month now. [Frown] (the political entrenchment around these isssues is also really distressing to this particular old-time lefty.)

I can find more about ticket to work, though, if you can be specific. My office is at a center for independent living in Cook county, IL and there are a couple of people here who are pretty familiar with it.

And, yeah - there should be far better access for agoraphobics and others who have a hard time travelling.

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Kayla
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Well, specifically, I'd like to work. I called the state rehab once an tried to talk to them about help, but they seemed to act like I had my head screwed on backward. It was almost like they'd never heard of agoraphobia and had never helped a person with it get a job. I also tried the local Independence Inc., which pretty much said the same thing voc rehab said. They mostly deal with mental disabilities and some physical, though. It's just frustrating to sit here, knowing I have a decent mind and am not doing anything with it. If I could figure out a way to telecommute (might need some training) I think I could work pretty well and without much need of anything, except maybe someone to act as a contact for me. And this whole ticket to work program seems perfect. If I needed to be retrained to find employment, they could do that (and with the on-line colleges now, I could do the training on-line) and then they could find me a telecommuting job and I could get off SSDI! However, with the ticket to work, they give you the web address, but the web address basically just tells you to call voc rehab.
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sndrake
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kayla,

with your permission, I'll bounce the basics off a couple people at the office who know the ticket to work stuff better than I do - way better. I'm one of only 3 people at the office right now. And none of us is the right one for this issue.

Also, if you can remind me what state you live in, that might help. As you know, there are people who give different amounts of time and energy to helping people through the system. I have some decent contacts in a few states.

You can email me if you want to take it off the board. Either way.

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Kayla
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I'd really appreciate it. I'm in Kansas.
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ClaudiaTherese
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Awesome, guys. Kudos to sndrake, xnera, and Kayla. What a difference friends make. [Smile]

*hugs to xnera and Kayla
*thanks to sndrake for the email, and a reply to come [Smile]
*love-demonstration of her choice to wonderful mackillian

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kerinin
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i'm an architect, so the ADA is sort of the bane of my existence...

in short, the ADA states that people with disabilities are US citizens too, so they must be given the same opportunities as people without disabilities. For instance, public bathrooms must be wheel-chair accessible, if a part of a building is accessed by stairs it must also be accessed by a ramp or elevator, etc. These are architectural examples because i'm an architect, but it extends far beyond that.

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kerinin
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that post wasn't intended to be anti-disabilities -- it's just something which severely constrains what architects can do in public buildings
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sndrake
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kerinin,

just how are the ADA requirements different from all the other constraints put on architects by highly variable zoning codes, etc.?

Good thing you added your second post - calling the ADA "the bane of my existence" does sort of lend itself to negative interpretations. [Wink]

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mackillian
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I get frustrated when disability automatically translates to "wheelchair."
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Dead_Horse
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In my life, ADA has meant that I got "laid off" 3 times because my employers didn't want to deal with my disabilities. That the EEOC sent me a letter saying basically, "Sorry, we only take on high publicity, high profile, high financial stakes cases. Go hire a lawyer and sue them yourself." That the Bureau of Vocational Rehabilitation would pay $2000 a semester for me to go to college for a year, but not the $200 a month I needed for transportation to get there. That they could tell me I was "too disabled" to continue school if I couldn't provide my own transportation. That I have been without income for 20 months and have lost my home.

There are some good things. I was allowed to use the elevator reserved for faculty. They put a little table at the front of each of my classrooms with a big RESERVED and the wheelchair logo on it. They scheduled my classes so I had extra time in between to get to the next one. There were some accessible restrooms that usually worked. Nobody complained when I parked on the sidewalk during a snow storms because they hadn't plowed the parking lot. So far, I am not muc impressed, except for my favorite ADA inventions, power-assisted doors and the ground level entry wheelchair accessible port-a-potty.

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Jeffrey Getzin
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Wow, you did better than me. I only got laid off ONCE because of my disability.

Between you, me, and the fence post, any place that would lay you off because of a disability ... you're probably better off not working there, anyway.

Jeff

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BannaOj
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Kayla, I was having a discussion with someone on how to make money with your brain alone. It ties in a bit with your situation. The only thing we could really come up with was the stockmarket. With the stock market you can do everything online from the comfort of your home while wearing fuzzy rabbit slippers.

I know you are super smart, why not do the research, maybe take some online classes in trading and try it with a very small amount of money to start with.

I know the one thing you have to do is to make a rule like "I'm cashing out when any stock gains 35% of its original value" and stick to it, until you have enough money to diversify more and spread the risk. That way you don't get addicted to letting it go up higher and higher and not selling and then everything crashing. But, daytrading might be something interesting to try. I'm sure you are smarter than at least 80% of the people who actually do it and could probably be quite sucessful.

AJ

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sndrake
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Dead_Horse, xnera and Jeffrey:

Your stories are too familiar. It's especially depressing when I've heard nondisabled people say with total confidence and ignorance that the ADA eliminated all discrimination! And you demonstrate another reality that breaks a common stereotype that is being perpetuated - most people faced with discrimination in a job setting would rather just find a more hospitable environment than enter into a legal battle.

Kayla:

I haven't forgotten your situation. This week was one of the most chaotic in the last month. (Notice I didn't even have time to play on Hatrack this week. [Frown] )No need to bother anyone with the details, I'm just glad it's over. The coming week looks better and I'm going to follow up with some inquiries. My partner has some good contacts in Kansas - what city are you closest to?

And ClaudiaTherese:

Still looking forward to your email. [Smile]

[ November 15, 2003, 04:49 PM: Message edited by: sndrake ]

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Kayla
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Lawrence. Again, thanks for even thinking about it. [Smile]
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ClaudiaTherese
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quote:
Still looking forward to your email. [Smile]
*grin
Just finished my last overnight shift last night. My brain's been screwy for awhile, and I'm way behind on a lot of stuff. You're on my list (and I realize that I'm leaning heavily on the patience of friendship, but I have a feeling you'll take it easy on me. [Wink] ).

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Dead_Horse
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Jeffrey, You're right. The one job I had for 12 years (I was an Industrial Engineer) I did all right at for 9. The 10th, 11th and most of the 12th years were spent struggling with my physical disabilities and mental illness. I had a good boss, a nice fatherly type, who worked with me, letting me make my own schedules, take breaks for surgery and telecommute during recovery, didn't give me heck for being in the restroom a couple hours a day, moved my office to the back corner with partitions that blocked the view of people just walking by, let me listen to music via headphones, use my own computer and telephone, assigned someone to do the physical labor I couldn't do. Then he got "laid off" (he made the most money, and they wanted to screw him out of his retirement) and they replaced him with a younger guy who wanted his unqualified friend to have my job. The next two jobs were lost because I couldn't do them. The last time, they changed my job from office to plant floor. When I protested that I would not be able to stand for the length of time I'd need to to do the job right, they hired a young kid, had me train him, then laid me off. At both jobs, I was banned from the plant floor for "safety reasons" if I had to use a wheelchair or crutches or a cane.

Aside from the long wait to get on SSDI, losing my jobs was the best thing that could have happened. After the initial panic was over, I had an easier time with psychotherapy and less physical pain. I don't have to push myself or dissociate as much to endure the pain. I don't have to put up with harrassment and abuse I was getting at work. I feel much better. I can take a nap or rest or stay in bed when I need to. I don't have as much difficulty dressing or driving. I don't have panic attacks every morning when I go out to the garage. I would like to work again someday, but for now, I accept my situation and am grateful not to have a job.

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Architraz Warden
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Whoa whoa whoa...

There's ANOTHER Architect on the forum?!?!?!? I'm floored...

And I'm going to have to second Kerinin in the notion that it does limit designs significantly. While I understand and condone more of its intent, like any code it's taken to massive extremes.

There are cities and states that have been trying (and I think some have succeeded) in passing regulations which require all new residential construction to be ADA compliant. This means no more two story houses without an elevator. This means not single or double step level differences without a ramp. This means no steps on the approach to the house, only ramps.

My architecture college recently was criticized heavily for not having an ADA accessible building. Mind you, there are two problems with this. First, the building predates the ADA, and renovating the layout and plumbing of a site-cast concrete building... Well, normally involves an implosion and a new building. The university would not front the cost for this, so it was taken out of the college budget. Second, since this is a public institution, it is actually not required to meet federal codes (funny, an architecture building that does not meet the most elementary fire codes).

Alright, I'm ranting. My point is this: ADA is required. If all architects were good architects, they would incorporate the fact that customers and clients would need to severe the physically disabled and account for it. But, sadly, not all architects are good architects (not by a long shot). So the codes and acts are passed. And then, these codes and acts are abused.

None of this, of course, applies to mental disabilities. I know little to nothing about how the ADA accommodates those types of disabilities. Lord knows I've been accused of having several, and some of those accusations were probably serious. And now back to your regularly scheduled thread...

Feyd Baron, DoC

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sndrake
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quote:
There are cities and states that have been trying (and I think some have succeeded) in passing regulations which require all new residential construction to be ADA compliant. This means no more two story houses without an elevator. This means not single or double step level differences without a ramp. This means no steps on the approach to the house, only ramps.


This is very inaccurate - but considering the resistance to what is called "visitability," I'm not surprised at the disinformation out there.

First, the "visitability" initiatives are entirely separate from the ADA. Let's get that straight first.

Second, the idea in "visitability" is to have one zero-step, entrance. Sometimes, depending on the physical layout of the terrain, that means a ramp. Often it doesn't.

Third, it calls for for widening doors on first floor bathrooms so that chair users can enter them. 32 inches of clear passage space.

There is no initiative anywhere to require elevators in private residences with two stories.

Habitat for Humanity in Atlanta has constructed 300 homes under "visitability" guidelines. They have found that the cost for doing so is low - if it was otherwise, it would mean building fewer houses - a big concern for them.

For more information on what visitability is really about, check out Concrete Change .

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Feyd Baron
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Alright, just because you put it in bold...

sndrake, you might be right that there IS no initiave, but you would be wrong to think there has NOT BEEN such an initiative.

It has happened. I'm guessing your response means that few to no cities have even thought this. In this parituclar case, the city was pushing to make residential counstuction "entirely compliant" with the ADA code already used by the city. While I certainly hope the were intending to imply visitability, they DID NOT. At the architecture firm I was interning for, which performed no residential projects, we spent an entire day disussing the ludicrousness of the propsed adjustments to the code. It has happened. I can only hope it was a moment of forgetfullness or an attempt by city officials to sound forward thinking. But as I said, as a simple intiative, it has happened.

Feyd Baron, DoC

(who is looking for links, though they were a pain in the butt to find the first time people didn't believe me when this happened 3 years ago).

EDIT: While you're thinking about visitability, I was thinking about a movement called "universal design." While visitability is a compromise approach, this one tends not to be:

quote:
PRINCIPLE ONE: Equitable Use
The design is useful and marketable to people with diverse abilities.

Guidelines:
1a. Provide the same means of use for all users: identical whenever possible; equivalent when not.
1b. Avoid segregating or stigmatizing any users.
1c. Provisions for privacy, security, and safety should be equally available to all users.
1d. Make the design appealing to all users.

And yes, they know exactly what they are saying when they say "all users." The above is one of their seven principles, that can be found on the center's website here: http://www.design.ncsu.edu:8120/cud/ While most of the principles are fairly straight-forward and common, 1a is not.

[ November 16, 2003, 05:24 PM: Message edited by: Feyd Baron ]

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Kayla
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I don't see how that would require elevators in private residences. Most cities have 5 design features which are to be incorporated, none of which requires an elevator.

Five Key Design Features

1. One ramp or no-step entrance on an accessible route with an entrance door that has a minimum net clear opening of 32 inches. It can be at the front, side, or back of the house.

2. First floor interior passage doors that have a minimum clear opening of at least 30 inches and lever door handle hardware.

3. At least a 36-inch wide level route through hallways and passageways throughout the first floor of the dwelling unit with ramped or beveled changes at door thresholds.

4. Reinforcement in first floor bathroom walls utilizing lateral two-inch by six-inch or larger nominal wood blocking installed flush with stud edges of walls. The centerline of the blocking must be 34 inches from and parallel to the floor.

5. First floor light switches, thermostats, and electrical panels no higher than 42 inches above the floor, receptacles at least 18 inches above the floor, and outdoor electrical panels adjacent to an accessible route with the same height requirements.

What city was it? Maybe I can find it.

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Jeffrey Getzin
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Dead_Horse,

You hit upon the big point: a lot of how well people with disabilities can cope depends on your direct manager. If you have a manager who understands your disability and can work with you on it, you've got it made in the shade. If you have a boss that isn't friendly to your disability, that's a problem.

I feel that's what happened to me. I had a very good boss who was extremely tolerant of my ADD. Sure, it frustrated her from time to time, but she worked with me on it, and was patient with me, and she recognized the contributions I made to the team despite, or perhaps because, of the ADD.

Then we had a reorganization and I found myself working for a manager who seemed totally mystified by ADD. He didn't seem to understand it, and didn't seem to WANT to understand it. Suddenly, I'm being told that my performance was lacking (news to me: every review I'd ever had during my eight years there had rated me satisfactory or better) and I have to "improve my performance".

I contacted a lawyer. After that, my company decided that I had "improved" to the point where no more performance improvement was necessary.

About a week later, I was told that I was being laid off.

Coincidence? Possibly, but personally, I don't think so.

In any case, I'm glad to be the hell out of there. It took me a year and a quarter to find another job, but my new manager is very understanding of my ADD and taps into my strengths as well as working around my weaknesses. I took a huge pay cut, but it's more than worth it.

Jeff

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Farmgirl
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Kayla

My ex-husband is in voc rehab right now (has a heart condition making it impossible for him to do the blue-collar work he knows best -- like truck driving). so they are teaching him computers.

You sound like a PRIME candidate for one job they mentioned is a possibility for him -- something about working for the government -- constantly browsing the web looking for terrorist "markers" (keywords, etc. that might point to terrorists communciations, etc.) apparently part of the new Homeland Security stuff. Since you are an ace at browsing the web anyway......

Farmgirl

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Kayla
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That sounds like a fabulous job.

I just wonder how crazy people do on the backround check! [Wink]

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Dead_Horse
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I would love that, too. I know of a woman who does similar work finding internet child pornographers and molesters to arrest.

But, yeah...there's the security stuff. And I can just hear defense lawyers complaining that some crazy person must have made it all up. [Dont Know]

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