Here is today's Kansas Commission on Disability Concerns (KCDC) Americans with Disabilities Act (ADA) Information Network message.? I will be at the ADA Symposium starting Sunday, May 21st and going through to Wednesday, May 24th.? I hope you have a wonderful day.?

Martha

*Martha K. Gabehart* | "Executive Director
"Kansas Commission on Disability Concerns (KCDC)
*Kansas Governor Laura Kelly
*900 SW Jackson, Suite 100 | Topeka, Kansas 66612
(785) 296-6525 (direct) | (785) 260-4027 (cell)

[email protected] | www.kcdcinfo.ks.gov [ [link removed] ]

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FOR IMMEDIATE RELEASE
May 15, 2023
EEOC RELEASES UPDATE TO COVID-19 TECHNICAL ASSISTANCE

Addresses End of Federal COVID-19 Public Health Emergency Declaration

WASHINGTON ? Today the U.S. Equal Employment Opportunity Commission (EEOC) issued a number of updates to its COVID-19 technical assistance, ?What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws, [ [link removed] ]? including adding a new question and answer about the end of the federal declaration of the COVID-19 public health emergency.

?This installment is the capstone to our comprehensive resource of questions and answers on COVID-19 and the anti-discrimination laws enforced by the EEOC,? said EEOC Chair Charlotte A. Burrows. ?The end of the public health emergency is an important milestone, and this will help employees and employers understand how the Americans with Disabilities Act, the Rehabilitation Act, and other federal laws continue to protect our nation?s workforce from employment discrimination. The EEOC remains committed to vigorous enforcement of these laws.?

Key updates include:

? The end of the COVID-19 public health emergency does not mean employers can automatically terminate reasonable accommodations that were provided due to pandemic-related circumstances. However, employers may evaluate accommodations granted during the public health emergency, and, in consultation with the employee, assess whether there continues to be a need for reasonable accommodation based on individualized circumstances.
? For employees with Long COVID, the updates include common examples of possible reasonable accommodations, including a quiet workspace, use of noise cancelling devices, and uninterrupted worktime to address brain fog; alternative lighting and reducing glare to address headaches; rest breaks to address joint pain or shortness of breath; a flexible schedule or telework to address fatigue; and removal of ?marginal functions? that involve physical exertion to address shortness of breath. Many of these are low or no-cost accommodations.
? For employers, the updates include tips about remaining alert for COVID-related harassment of applicants or employees with a disability-related need to continue wearing a face mask or take other COVID-19 precautions at work.

The EEOC updated the COVID-19 technical assistance approximately 20 times throughout the pandemic to respond to the evolving situation.

The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information about the EEOC is available at www.eeoc.gov [ [link removed] ]. Stay connected with the latest EEOC news by subscribing to our email updates [ [link removed] ].

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This message is from the US Department of Justice list serve.?

On May 12, 2023, the Department of Justice filed a Statement of Interest in Lou v. Lopinto, a private lawsuit against the Sheriff of Jefferson Parish, Louisiana, and several Jefferson Parish Sheriff?s Office deputies (defendants). The lawsuit was filed in the United States District Court for the Eastern District of Louisiana by the parents of a sixteen-year-old with autism who died while the defendants were responding to the child?s disability-related acute sensory episode, or ?outburst.? One of the lawsuit?s claims is that the defendants discriminated against the child based on disability, in violation of the Americans with Disabilities Act (ADA), when they did not reasonably accommodate the child?s known disability while interacting with and restraining the child. The department filed the Statement of Interest to clarify how Title II of the ADA applies to law enforcement encounters with people experiencing disability-related crises. The department?s brief explains that law enforcement agencies can violate the ADA by failing to provide people with disabilities with an equal opportunity to benefit from their services when officers respond to emergency calls. Law enforcement officers can also violate the ADA by failing to reasonably modify their procedures when interacting with people with disabilities. Finally, the department explains that the Fifth Circuit?s exigent circumstances exception should not bar this ADA claim. The Statement of Interest can be read here [ [link removed] ]. To find out more about the ADA, visit ada.gov [ [link removed] ] or call the Justice Department's toll-free ADA information line at 1-800-514-0301 or 1-833-610-1264 (TDD).

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This message is from the US Access Board. I include this because the State of Kansas and any entity that received federal money must comply with Section 504 which prohibits discrimination based on a person's disability in employment or provision services or program participation. While Section 508 does not apply to state government, states are complying.?

May 16, 2023

Section 508 Best Practices Webinar: Accessibility and Accommodations in the Federal Workplace: Driving Success in Employment and Performance

Federal workplaces must be fully accessible to employees with disabilities under Section 504 [ [link removed] ] and Section 508 of the Rehabilitation Act [ [link removed] ]. These laws require federal agencies to provide accommodations and accessible information and communication technology (ICT) so that employees can successfully perform their job responsibilities.

The next webinar in the Section 508 Best Practices Webinar Series will take place Tuesday, May 23 from 1:00 p.m. ? 2:30 p.m. (ET) and review employment perspectives on accessibility policies and accommodations in the federal workplace. Presenters will discuss how they have used accommodations and accessible ICT to accomplish duties and excel in their federal careers.

Section 508 Coordinators, Information Technology (IT) Specialists, Reasonable Accommodation Specialists, and Disability Program Managers are encouraged to attend to gain first-person accounts on how coordination of individual needs and systems access help remove barriers to career advancement, learn best practices for how Equal Employment Opportunity, Human Resources, and IT staff may collaborate on policies, practices, and services, and obtain accessibility resources and strategies to implement at their agency.

For more details or to register, visit Great Lakes ADA Center?s Accessibility and Accommodations in the Federal Workplace: Driving Success in Employment and Performance webpage [ [link removed] ]. Questions can be submitted in advance of the session or can be posed during the live webinar. Webinar attendees can receive a participation certificate for attending the 90-minute session.

Registration closes 24 hours before the start of the session. Instructions for accessing the webinar on the day of the session will be sent via email to registered individuals in advance of the session. Communication Access Realtime Translation (CART) and Video Sign Language Interpreters are available for the session and will be broadcast via the webinar platform. A telephone option (not toll-free) for receiving audio is also available.

The Section 508 Best Practices Webinar Series provides helpful information and best practices for federal agencies in meeting their obligations under Section 508 of the Rehabilitation Act which ensures access to information and communication technology in the federal sector. This webinar series is made available by the Accessibility Community of Practice of the CIO Council in partnership with the U.S. Access Board. All webinars are archived and available on the Section 508 Best Practices Webinar Archives webpage [ [link removed] ].

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