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Federal Agency Committed to Hiring, Promoting Employees With Disabilities

/in /by The Arc

Keith Coburn 2Eighty-five percent of working-age individuals with disabilities are either unemployed or underemployed. Of the 15% that are employed, only half are working in inclusive jobs in the community. Fortunately, new government regulations are focused on changing these grim statistics. A recently proposed rule would require federal agencies to achieve a workforce participation rate of 12% for people with disabilities. One proactive agency, the Federal Communications Commission (FCC), is already leading by example, implementing an initiative dedicated to individuals with disabilities working in competitive and inclusive positions. The Arc’s employment division, The Arc@Work, has been supporting the FCC with their hiring efforts.

After working seasonal and part-time jobs for years, Keith Coburn was ready for the stability and security that comes with full-time employment. So, he reached out to his local chapter of The Arc, The Arc of Prince George’s County in Maryland, where he was connected through The Arc@Work to an opportunity at the FCC. A year and a half on the job, Keith performs a variety of tasks that range from sorting mail to updating and maintaining the database of licensing sales and transfers. As a problem-solver and a “master of Excel”, Keith’s responsibilities have grown steadily at the FCC and he is in the process of receiving his second promotion.

The quality of Keith’s work and his strong work ethic have made, and continue to make, a huge impression on all those who have had the opportunity to work with him. When asked to describe Keith, his supervisors, Annette Smith and Lisa Scanlan, expressed nothing but high praise. “Dependable”, “great team member”, and “great work product” were only some of the ways they described Keith’s performance.

“When Keith is assigned work, he always completes his task on time,” commented Annette. Lisa summed it up by adding: “He always steps up to the plate. He is the ideal employee.” Keith attributes his success to his determination. His advice? “Stick with it. Be flexible and be persistent,” said Keith.

The Arc@Work is a social enterprise that supports employers to successfully locate, hire, and support employees with intellectual and developmental disabilities. To learn more, visit our website at thearc.org/thearcatwork or contact Katherine Murphy at Murphy@thearc.org.

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The Arc of Delaware Reaches Fair Housing Settlement

/in , /by The Arc

Washington, DC – The Arc of Delaware and its counsel Relman, Dane & Colfax, The Arc of the United States, and Community Legal Aid Society, Inc. are thrilled to announce the recent settlement of The Arc of Delaware’s disability discrimination complaint against Sugar Maple Farms Property Owners’ Association, Inc. (SMFPOA). That complaint, filed in March 2015 with the U.S. Department of Housing and Urban Development (HUD) and the Delaware Division of Human Relations (DHR), sought a declaration that SMFPOA violated the Fair Housing Act when it refused to approve The Arc of Delaware’s acquisition of property meant to house four individuals with intellectual and developmental disabilities (IDD) in a single family home integrated within the community. The complaint sought damages to compensate for the loss of housing opportunities and for violations of the federal and Delaware Fair Housing Acts due to disability discrimination. After DHR issued a finding of discrimination in March 2016, SMFPOA agreed to settle the case and has entered into a Conciliation Agreement with DHR, HUD, and The Arc of Delaware as of May 26, 2016.

“This case shows the importance of vigorously enforcing the Fair Housing Act,” noted Michael Allen, a partner with Relman, Dane & Colfax. “Although the Act has prohibited disability discrimination for nearly 30 years, we still need to fight every day to redeem the promise of community living for people with disabilities.”

In July 2014, Terry Olson, Executive Director, submitted a bid on behalf of The Arc of Delaware for a lot owned by SMFPOA. The Arc of Delaware intended to build a single family house in a Milford, Delaware residential subdivision with 65 other lots. His offer was accepted by the seller contingent on SMFPOA’s approval of the sale. However, once SMFPOA learned that residents with IDD would be living there, it told Mr. Olson that such use was barred by its covenants and also expressed concerns about the amount of parking that would be required by the residents’ support staff.

Mr. Olson tried to explain that The Arc of Delaware’s use was protected by the Fair Housing Act and offered to accommodate the extra parking needs while maintaining a uniform appearance within the community. He also offered to give SMFPOA members a tour of a similar home in the area in order to allay any concerns about daily operations. Shortly thereafter, The Arc of Delaware received a letter from SMFPOA reiterating its position that the sale was not approved because it would violate SMFPOA’s covenants and suggesting that allowing people with IDD into the community would reduce property values and disturb the “quiet enjoyment” of neighbors. The loss of the property and subsequent delay in state funding have deprived The Arc of Delaware and its clients of at least four community-based housing opportunities.

The Fair Housing Amendments Act of 1988 (FHAA) makes it unlawful to “make unavailable or deny” a dwelling because of disability as well as to refuse to make “reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling.” Federal courts have consistently held that community supported housing for unrelated individuals with IDD does not constitute a “business” and does not violate “single family” restrictions, and Delaware law expressly recognizes such housing as “single family” properties for zoning purposes. Further, the courts recognize that most discriminatory remarks are made in coded language, such as the need to “maintain property value.”

Once the complaints had been filed, DHR performed an investigation and issued a finding of discrimination in March 2016. Subsequently, SMFPOA agreed to settle the case. Among other things, the Conciliation Agreement requires SMFPOA to:

  • Apply the same terms and conditions of rental to anyone occupying its properties without regard to disability or any other protected class;
  • Provide written compliance reports to DHR and/or HUD when requested;
  • Allow HUD and DHR to inspect the premises at any time within one year of the agreement;
  • Notify its members and residents in writing of rules, policies, and practices relating to its non-discrimination policy and to prominently display the Equal Housing Opportunity logo within any relevant advertisements it distributes;
  • Ensure that all of its current board members receive comprehensive training on the Fair Housing Act within 90 days of signing the agreement and that all future board members receive such training within 30 days of their election;
  • Pay The Arc of Delaware $55,000 in damages, including attorneys’ fees and costs.

Mr. Olson remarked: “It is challenging enough in Delaware for individuals with IDD to find affordable housing in the community. When you add discrimination to the mix, it makes it nearly impossible. This victory will help ensure that individuals with disabilities in Delaware will have the same rights as other citizens to live in the community of their choice.”

Shira Wakschlag, Staff Attorney with The Arc of the United States, noted: “For more than 65 years, The Arc has sought to enforce and protect the human and civil rights of individuals with IDD by working to ensure those with disabilities are able to live in the community free from discrimination and institutional settings. Without the vigorous enforcement of state and federal disability rights laws in instances of discrimination such as this one, this fundamental right would be eroded.”

Relman, Dane & Colfax, a civil rights law firm based in Washington, D.C., served as lead counsel on the case, with The Arc of the United States and Community Legal Aid Society, Inc. serving as co-counsel.

The Arc advocates for and serves people with intellectual and developmental disabilities (IDD), including Down syndrome, autism, Fetal Alcohol Spectrum Disorders, cerebral palsy and other diagnoses. The Arc has a network of over 650 chapters across the country, including The Arc of Delaware, promoting and protecting the human rights of people with IDD and actively supporting their full inclusion and participation in the community throughout their lifetimes and without regard to diagnosis.

Editor’s Note: The Arc is not an acronym; always refer to us as The Arc, not The ARC and never ARC. The Arc should be considered as a title or a phrase.

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Statement From Julie Petty, Loretta Claiborne, Ricardo Thornton, and Frank Stephens

/in /by The Arc

IMG_0788On June 6, 2016, a group of self-advocate leaders met with Gary Owen to discuss offensive content in his Showtime comedy special “I Agree With Myself”.

Statement from Julie Petty, Loretta Claiborne, Ricardo Thornton, and Frank Stephens:
Today, Julie Petty (Bentonville, Arkansas), Loretta Claiborne (York, Pennsylvania), Ricardo Thornton (Washington, D.C.), and Frank Stephens (Fairfax, Virginia), representing a broad coalition of disability advocates, met with Gary Owen, a comedian and entertainer. The meeting was arranged for both sides to listen and hear one another’s perspectives about a segment on Mr. Owen’s comedy special on Showtime.

Prior to the meeting, Mr. Owen decided to remove the segment in his Showtime special in which he depicts people with intellectual disabilities. Effective immediately, the special will still be available On Demand but will not include this portion.

The meeting was educational, positive and productive. The outcomes from the meeting were significant. Mr. Owen made positive commitments regarding use of the “R word” in his comedy routine.

The coalition has agreed to end its advocacy efforts in this situation. The coalition, through the voices of self advocates Julie Petty, Loretta Claiborne, Ricardo Thornton and Frank Stephens, express our appreciation to Mr. Owen for listening and acting positively to further understanding and healing.

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Zika: We All Have Skin in This Game

/in , /by The Arc

Some public health crises capture our attention more than others. A few years back, the phones were ringing off the hook on Capitol Hill about Ebola. But not so for the Zika virus, we are hearing from Congressional offices. Is this because we think that Zika will only affect women who are pregnant? Or just those who live in southern states? Are we not understanding that this virus could potentially quickly spread in local communities or that people in the south who are at greatest risk right now travel to other parts of the country?

Such a false sense of immunity could cost us dearly. Studies are rolling in and, taken together, are painting an alarming picture. According to a study released last week, two million pregnant women in the U.S. could contract the virus by November while another study finds that 29% of Zika-infected women gave birth to babies with adverse outcomes, including stillbirth, microcephaly, and other serious health problems. Another found that microcephaly alone occurs in up to 13% of babies born to their mothers who became infected during their first trimester. And this is only what we do know. Still unknown are, among other things, the long-term effects of Zika on adults and children who contract the virus after birth. “We still don’t know yet the full rainbow of complications that this virus may produce,” according to the director of communicable diseases for the Pan-American Health Organization.

If we don’t act now, the implications could be dramatic in both the short and long term. For instance, the travel industry could be decimated in the southern coastal states this summer as infection rates and corresponding fear rise. Further down the road, state Medicaid programs could see a surge in demand for services for not just people with microcephaly, but those with the still unknown other disabilities that may be significant and lifelong.

Congress left for its Memorial Day recess before having finalized an emergency spending bill for Zika prevention. When it reconvenes this week, it is imperative that Members hear from their constituents who understand that that Zika prevention is truly a national and urgent priority. Stay up to date on this issue and many others impacting people with disabilities by signing up for our Disability Advocacy Network. Be in-the-know and take action when needed!

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Blaze a Trail to Future Planning

/in /by The Arc

In the spirit of this year’s Older Americans Month theme, “Blaze a Trail,” The Arc recognizes the many parents of adults with intellectual and developmental disabilities (IDD) who fought for decades to raise their children at home, to realize their rights to free and appropriate public education, and for recognition as valued contributors to the community. The Arc is committed to supporting these aging caregivers and their adult sons and daughters with IDD to develop a roadmap for the future.

Future planning is important for all families, but it can be especially challenging for the almost 1 million families in which adults with IDD are living with aging caregivers. In two-thirds of these families, there is no plan in place for the future. Many of these families have no connection to the disability community or the disability service system. It is our role to support them to overcome the fear of planning and provide them the information and resources they need to create future plans.

To support these trailblazing families, The Arc of the United States launched the Center for Future Planning™ in 2014. Discussing these major life transitions and putting a plan in place may actually alleviate some of the stress experienced by aging caregivers, their adult sons and daughters, and other family members and supporters.

The Center’s website provides reliable information and assistance to individuals with IDD, their family members and friends, staff at chapters of The Arc, and other disability professionals on:

  • person-centered planning
  • supported decision-making and guardianship
  • housing options
  • financial planning (including public benefits, special needs trusts, and ABLE accounts)
  • employment and daily activities
  • making social connections
  • providing information if an urgent need arises

During Older Americans Month, here are some ways you can access more help:

  • Read more information about future planning and see how other families have planned.
  • View The Arc’s webinar on supports and services for aging caregivers.
  • Visit The Arc’s new Build Your Plan™ online tool that enables families to create accounts and begin to build their plans within the Center for Future Planning™.
  • Encourage families you know to start the process and to get support in their communities. Chapters of The Arc around the country can provide guidance and information about local resources. Families can also identify professionals in their communities to help them create and implement future plans through The Arc’s Professional Services Directory.
  • In addition, Area Agencies on Aging (AAA) can help with accessing services and support available to seniors. AAAs offer a variety of home and community-based services such as respite, meals on wheels, and transportation. Visit ncoa.org for more information about additional benefits available to seniors.

Supporting aging caregivers and adults with IDD is an ongoing process and is possible with the help of other family members, friends, the community and professionals. It’s important to work together to develop a plan that will ease the stress of future transitions. You can contact The Arc’s national office at (202) 202-617-3268 or futureplanning@thearc.org for more help.

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The Arc’s Letter to Gary Owen on His Comments Offensive to People With Disabilities

/in /by The Arc

May 12, 2016

Dear Mr. Owen,

I am writing in regard to your Showtime Special “Agree with Myself” and its flagrant mockery of people with intellectual and developmental disabilities (IDD). As the nation’s largest organization serving and advocating with and for people with IDD, with a network of more than 650 chapters across the country, we’ve received many complaints about the content of this program from people who are truly outraged. Having watched the offensive clip myself, I felt compelled to contact you to voice our concerns.

The segment I am referring to includes you using the word ”retarded” to describe your cousin with intellectual disabilities. People with IDD have made clear for decades that they consider the ”r-word” to be demeaning and don’t accept it being used to describe them. They view it as analogous to the use of the ”n-word” to describe a person who is black. For them it is a slap in the face that reminds them of all the verbal and physical abuse and discrimination they have experienced on a daily basis. What they want is respect.

In addition to the use of this slur, the content of your act, your antics and the tone you took are equally unacceptable. Your sketch about your cousin, her lover and her friends is demoralizing and attacks individuals with IDD on multiple levels, from their speech to their sexuality. You dehumanize them for laughs, not taking into account the dark history individuals with disabilities have faced in our nation. Individuals with disabilities have suffered through decades of discrimination and humiliation including forced sterilization, abuse, and institutionalization.

The fact of the matter is that your special contains callous verbal violence against a minority group. I hope you can see that this goes beyond an issue of an artist’s freedom of speech – this is hate speech. The Arc, Special Olympics, dozens of other disability organizations, and thousands of advocates across the country are united in our outrage that you and Showtime have failed to pull this program from On Demand or edit out the offensive segment. We hope you have dropped it from your live performances.

IVlr. Owen, perhaps you don’t understand that 85 percent of people with IDD are not employed, when they could be working but no one will hire them. Or maybe you are unaware that people with disabilities are three times more likely to be the victim of violent crimes and four times more likely to be victims of sexual violence. Fifty-two percent of students with IDD leave high school without a regular diploma which greatly limits their prospects for employment and post-secondary education. Public attitudes and lack of understanding of people with IDD, and lack of appreciation for their humanity, is perhaps the single biggest reason for the challenges people with IDD face in being fully included, participating and being treated fairly in their communities.

You could have been part of the solution, as has your fellow comedian Amy Schumer, but instead you contribute to the problem. Recently, 50 Cent knew when to apologize after stepping over the line, why not you?

I welcome the opportunity to discuss this matter with you and to introduce you to people with IDD who are quite different from the caricature you provided. As you tour the country in the coming months, we would be happy to connect you with local chapters of The Arc that will arrange for you to
meet people with IDD who are leading full lives in and are contributing to their communities.

Sincerely,
Peter V. Berns
CEO, The Arc

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Proposed Ban of Electrical Stimulation Devices an Overdue Step Forward for Dignity, Respect for People With Disabilities

/in /by The Arc

By: Nicole Jorwic, Director of Rights Policy

Every behavior is a form of communication. This is a truth that must be remembered, as we advocate for the civil rights for individuals with intellectual and developmental disabilities (IDD). Even self-injurious or aggressive behaviors are an attempt by an individual to demonstrate something. Supports should be in place to draw out that communication, not shock it or punish it away. This is why the recent proposed rule from the Food and Drug Administration (FDA) banning the use of electrical stimulation devices (ESD) to treat these forms of behavior is so important.

Per the FDA’s proposed rule, the use of electrical stimulation devices pose the risks of depression, fear, anxiety, panic, learned helplessness, and are associated with the additional risks of nightmares, flashbacks, hypervigilance, insensitivity to fatigue or pain, changes in sleep patterns, loss of interest, difficulty concentrating, and withdrawal from usual activity. The science verifying those risks is clear, while there is no scientific proof that the use of electric shock has benefits in the short or long term.

The science has been clear for years and for decades The Arc has provided testimony at hearings on this issue, submitted comments, and filed amicus briefs encouraging the ban of these devices. Instead of using harmful and demoralizing ESDs, the focus of treatment for all individuals with IDD who cannot use their voices or other forms of communication to express their wants and needs, must be on changing environmental factors. This will allow the roots of challenging behaviors to be found and allow the individual to discover alternative behaviors that can be used to meet their needs.

The Arc has adopted position statements opposing the use of aversive procedures since at least 1984. Our current position statement on Behavioral Supports developed jointly with the American Association on Intellectual and Developmental Disabilities (AAIDD) and adopted by both organizations in 2010, states in part:

Research indicates that aversive procedures such as deprivation, physical restraint and seclusion do not reduce challenging behaviors, and in fact can inhibit the development of appropriate skills and behaviors. These practices are dangerous, dehumanizing, result in a loss of dignity, and are unacceptable in a civilized society.

The Arc and AAIDD are opposed to all aversive procedures, such as electric shock, deprivation, seclusion, and isolation. Interventions must not withhold essential food and drink, cause physical and/or psychological pain, or result in humiliation or discomfort.

Our position statement on Education, which was adopted by the Congress of Delegates in 2011, states in part: “In order to provide a free, appropriate public education for students with IDD, all those involved in the education of students with IDD must ensure that students with disabilities are not subjected to unwarranted restraint or isolation or to aversives.”

The Arc is strong in its belief that it is the responsibility of government to protect individuals with disabilities from mistreatment. Using aversive procedures to change behaviors of individuals with intellectual and developmental disabilities is dangerous, dehumanizing, a violation of civil rights, results in a loss of dignity, and is unacceptable in a civilized society.

The Arc applauds the FDA in its effort to ban the use of devices that emit electric shock as a means of modifying the behavior of individuals with intellectual and developmental disabilities.

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DOL Releases New Overtime Final Rule-Including Non-Enforcement for Some Medicaid Providers

/in /by The Arc

By: Nicole Jorwic, Director of Rights Policy

The Department of Labor released the much anticipated final Overtime rule today, with the an effective date of December 1, 2016. Along with the rule, DOL announced a non-enforcement policy for providers of Medicaid-funded services for individuals with intellectual or developmental disabilities in residential homes and facilities with 15 or fewer beds. The full policy will be published in the Federal Register next week. The non-enforcement policy will be in effect from December 1, 2016 (when the final rule goes into effect,) until March, 2019. In a call between The Arc staff and DOL and it’s Wage and Hour division, it was highlighted, that this non-enforcement timeframe aligns with the implementation timeline of the Home and Community Services final rule. This will allow HCBS Medicaid providers, who qualify, to prepare for the implementation.

From the DOL Website: Key Provisions of the Final Rule

The Final Rule focuses primarily on updating the salary and compensation levels needed for Executive, Administrative and Professional workers to be exempt. Specifically, the Final Rule:

  1. Sets the standard salary level at the 40th percentile of earnings of full-time salaried workers in the lowest-wage Census Region, currently the South ($913 per week; $47,476 annually for a full-year worker);
  2. Sets the total annual compensation requirement for highly compensated employees (HCE) subject to a minimal duties test to the annual equivalent of the 90th percentile of full-time salaried workers nationally ($134,004); and
  3. Establishes a mechanism for automatically updating the salary and compensation levels every three years to maintain the levels at the above percentiles and to ensure that they continue to provide useful and effective tests for exemption.

Additionally, the Final Rule amends the salary basis test to allow employers to use nondiscretionary bonuses and incentive payments (including commissions) to satisfy up to 10 percent of the new standard salary level.

DOL has released several documents for non-profits including guidance and a shorter fact sheet. Additional resources can be found on DOL’s website. DOL will also be hosting several webinars to provide additional information: register here.

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Remembering Adonis Reddick

/in /by The Arc

WhonPhoto_Oct5Cam1_309It is with heavy hearts we share the news that Adonis Reddick passed away last week. Adonis was an amazing and powerful advocate and we will remember him as a dear friend to The Arc.

Adonis was a powerhouse when it came to advocating for people with disabilities in St. Louis, and his work inspired change statewide. The vision of a better world for individuals with disabilities was what drove him and that was reflected in everything he did.

Adonis never sat on the sidelines, he was constantly working. He served as a member of St. Louis Arc’s Human Rights Committee, the St. Louis Self Determination Collaborative, The Coalition on Truth in Independence, and was active Partners in Policymaking at the state level. In addition to his work with these groups he co-founded of the Association of Spanish Lake Advocates (ASLA), a group committed to an accessible world based in full inclusion. Hard to imagine that in addition to all of this he also actively pursued opportunities to speak to local governments, agencies, businesses, and community leaders to ensure that the voices of those living with a disability were heard.

His unwavering commitment and passion for his work was as infectious as his smile. Where others saw barriers, he saw the opportunity for collaboration and change – one of the many reasons he was able to make such an impact.

Many know Adonis as the inaugural winner of The Arc’s Catalyst Award for Self-Advocate of the Year. These awards were created to recognize those who were trailblazing to make the future more inclusive. We seek out the best of the best people and organizations making an impact of national significance.

At the awards luncheon, you could have heard a pin drop when Adonis was at the podium. He captivated us with his energy. His energy became the room’s energy when he said:

“Whatever you want in this world you can put in or take out. Together we can make change happen.”

He put everything in, and we thank him for making many great things happen.

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Reflections on the State of the Union Address

/in /by The Arc

By: T.J. Sutcliffe, Director of Income and Housing Policy for The Arc

Last night, Americans across the nation, including people with intellectual and developmental disabilities (IDD) and their families, tuned in for President Barack Obama’s final State of the Union address.

The Arc live Tweeted, and I had the honor of representing The Arc at the White House for the State of the Union Social live-viewing.

Here are five highlights that people with IDD and their families will want to know about:

  • Remembering San Bernardino — One of President Obama’s guests at ‪SOTU was Ryan Reese, partner to Larry “Daniel” Kaufman who was one of the 14 victims of the December 2 attack at Inland Regional Center in San Bernardino, CA. Daniel was a job coach for people with disabilities who lost his life after saving four people. As we tuned in to SOTU, our hearts were with Ryan, Daniel, and all of the victims in San Bernardino, their families, loved ones, and community.
  • Disability affects us all, and we are stronger together — At the White House, Vice President Joe Biden kicked off the SOTU watch party. In his remarks, the Vice President shared an inspiring story about the Americans with Disabilities Act of 1990 (ADA) highlighting the need for us all to work together. After now-deceased Senator Jesse Helms (R-NC) rejected a precursor of the ADA, then-Senator Biden was very angry with Senator Helms and thought the worst of him. But then he learned that Senator Helms and his wife had adopted a child with a disability. The Vice President summed up, “It’s always appropriate to question another man or woman’s judgment, but it’s never appropriate to question their motive,” because you just don’t know.
  • Our lifeline: Social Security, Medicaid, Medicare and SSI — We couldn’t agree more with President Obama about this: “That’s why Social Security and Medicare are more important than ever; we shouldn’t weaken them, we should strengthen them.”
  • Lois Curtis, a disability rights champion — One of the “voices of fairness and vision, of grit and good humor and kindness that have helped America travel so far” highlighted on video as President Obama spoke was Lois Curtis, one of two named plaintiffs in the landmark ADA case Olmstead v. L.C. It was amazing to see Lois, a fierce advocate for people with disabilities, featured along with civil rights leaders like Martin Luther King, Jr., Alice Paul, and Cesar Chavez.
  • A SOTU for everyone — We thank the White House for making this the most accessible SOTU ever for people with disabilities.

What were your thoughts about the State of the Union? Share them with us on social media (Twitter & Facebook).