The Equal Employment Opportunity Commission (EEOC) filed suit in U.S. District

Court in Buffalo against the auto parts supplier, Delphi Corp., for violating
the Americans with Disabilities Act (ADA). The suit alleges that since
2004 Delphi has illegally asked their employees returning from sick leave
to sign a release giving the company access to their medical files. The
suit also alleges that employees who have refused to sign the release
have experienced retaliation. A Rochester employee who missed work for
two days claims his termination was a result of his refusal to sign the release,
although he did allow Delphi to confirm with his doctor that the two sick
days were necessary. The EEOC is asking the Court to enjoin Delphi from
making disability-related inquiries unrelated to the job and order back
pay for those affected by Delphi's practice.

Full Story:

EEOC Sues Delphi Corp., Buffalo News October 2, 2007, available at

http://www.reuters.com/article/tnBasicIndustries-SP/idUSN0132605120071002

On September 27, 2007, Sylvan Learning Centers, L.L.C., a tutoring center
and place of public accommodation, settled with the U.S. Department of
Justice (DOJ) for an alleged violation of the Americans with Disabilities
Act (ADA). After receiving a discrimination complaint from the mother
of an individual who is deaf, the DOJ investigated the claim under Title
III of the ADA. The mother alleged that Sylvan discriminated against her
son by refusing to provide auxiliary aids and services. Sylvan denied
the allegations, but signed the agreement to avoid further investigation.
The terms of the agreement require that Sylvan ensure effective communication
by providing auxiliary aids such as qualified sign language interpreters
for students with hearing disabilities and by training its employees.
Sylvan also must notify its customers of the effective communication policy.


Settlement Agreement:

United States of America and Sylvan Learning Centers, L.L.C. Under the
Americans With Disabilities Act, DJ 202-35-195 September 27, 2007, available
at

http://www.ada.gov/sylvanlearn.htm

A US Airways manager prevented a frequent flier who uses a wheelchair and
has dystonia, a neuromuscular disorder that causes muscles to spasm involuntarily,
from boarding a flight in June of 2007. Because of the passenger's
appearance, the plane's captain believed him "too disabled"
to fly alone regardless of his preauthorization. According to Jane Hieshetter,
Executive Director of the Dystonia Medical Research Foundation, although
dystonia causes the muscles to spasm involuntarily, many individuals "lead
successful, independent, and fulfilling lives." The passenger does
not have the right to file suit at the federal level because the ADA does
not cover discrimination due to a disability in the air. Additionally,
the Air Carrier Access Act, a federal law that prevents airlines from
discrimination based on disability, is not binding law. The passenger
has filed both a complaint with the U.S. Department of Transportation
and a lawsuit against U.S. Airways.

Full Story:

Micah Hensler, US Airways Sued for Discriminating Against Disabled Passenger October 8, 2007, available at

http://www.associatedcontent.com/article/407604/us_airways_sued_for_discriminating.html

After repeated incidents of co-workers without disabilities at the Social
Security Administration (SSA) over-utilizing the accessible restroom,
on three such occasions an employee with a disability lost bowel control.
The anonymous employee has sued the SSA claiming he suffered discrimination
via the SSA's refusal to instruct employees not to use the accessible
restroom unless it was necessary. The SSA is appealing an administrative
judge's decision, which concluded the Administration could have
sent an email or memo to the employees, and awarded the employee $6,500
in damages.

Full Story:

Melissa Harris, Restroom Access Case is Costly to SSA, Baltimore Sun September
28, 2007, available at

http://www.baltimoresun.com/news/local/annearundel/bal-ar.federal28sep28,0,5661683.story

An October 10, 2007, Government Accountability Office report investigated
allegations of abuse at residential treatment programs for youth with
emotional or behavioral issues, and circumstances surrounding ten closed
cases in which teens died while enrolled in such a program. The programs
include wilderness treatment programs, boot-camps, and boarding schools.
The allegations of abuse originate from state agencies, the Department
of Health and Human Services, and pending civil and criminal cases. These
cases revealed patterns of ineffective management, untrained staff, malnourishment,
and reckless or negligent operating practices. While the report offered
no way to remedy the situation, it did shed light on the horrible treatment
of the youth in these programs.

Full Report:

Gregory D. Kutz, Residential Treatment Programs: Concerns Regarding Abuse
and Death in Certain Programs for Troubled Youth, United States Government
Accountability Office October 10, 2007, available at

http://www.gao.gov/new.items/d08146t.pdf

Highlights:

http://www.gao.gov/highlights/d08146thigh.pdf

On July 30, 2007, the Maryland Court of Appeals held that administration
of medicine is a "related service" required by the Individuals
with Disabilities Education Act (IDEA) regardless of whether it is enumerated
in a student's Individualized Education Program (IEP). In John A.
v. Board of Education for Howard County, the court held that although
there was no statement about the "administration of medication"
in the child's IEP, the IDEA does require that the child receive
those services. Additionally, because a physician is not necessary for
the administration of medication, the school nurse or other qualified
person may administer the medication. Thus, administering the medication
is not an excluded medical service, and must be paid for and provided
by the school to ensure the child receives a free appropriate public education.

Full Opinion:

John A. v. Bd. of Educ., 400 Md. 363 (Md. Ct. App. 2007) available at

http://www.courts.state.md.us/opinions/coa/2007/132a06.pdf

On November 9-10, Wrightslaw will hold the next East Coast Boot Camp training
program with Pete Wright, Esq. and Pamela Wright in Long Island, New York.
The Boot Camp, sponsored by the Elija Foundation, will give participants
an opportunity to learn about changes in the IDEA and learn about the
requirements of the No Child Left Behind Act. Participants will learn
tactics and strategies for effective advocacy, letter writing, and how
to write "SMART IEPs." Upcoming 2008 boot camps are scheduled
for the West Coast.

The next special education training program is scheduled for December 5
in Oklahoma City, Oklahoma.

To view the Long Island, New York Program and registration information:

http://www.wrightslaw.com/speak/07.11.ny.htm

To view a schedule of upcoming programs:

http://www.wrightslaw.com/speak/schedule.htm

Pride Mobility Products Corp. has donated $100,000 to the Assistive Technology
Research Institute (ATRI) of Misericordia University. ATRI performs research
that modifies new and enhances existing assistive technology devices.
Current research at the institute includes increasing accessibility to
the Internet. Pride Mobility Products Corp is the leading manufacturer
of mobility equipment and has chosen to help fund ATRI's research
because they believe they are in pursuit of the common goal of advancing
assistive technologies.

Full Story:

Misericordia University, Pride Mobility Donates $100,000 to ATRI, Misericordia
University News October 4, 2007, available at

http://www.misericordia.edu/news/news_full.cfm?news_id=1091

The use of digital technology is being explored by manufacturers and retailers
to aid aging and ailing baby boomers maintain an independent lifestyle
in their homes. As this generation ages and the number of persons in the
"post 65 era" rise, the demand for technology will increase.
Digital technology is capable of easing the burden the health care industry
will soon face by helping to provide the elderly with independent living
options. Such technology includes vital signs monitors, reminders and
alerts for medication, and location navigation systems.

Full story:

John Soat, The Return of the Digital House, Information Week Blog October
9, 2007, available at

http://www.informationweek.com/blog/main/archives/2007/10/the_return_of_t_2.html

The University of Arizona has entered into a partnership with Gateway to
give laptops to students with learning disabilities. Fifteen students
will receive a laptop and attend a class about using the computers, toward
encouraging them to stay in school and use technology as a helpful resource.
The course covers anti-virus programs, computer resources at the library,
and software training. The fifteen students are chosen based on academic
need identified through a voluntary questionnaire.

Full story:

Eric Swedlund, Donated Computers to Aid UA Students with Learning Disabilities,
Arizona Daily Star October 10, 2007, available at

http://www.azstarnet.com/sn/hourlyupdate/205606.php

The American Association on Intellectual and Developmental Disabilities
(AAIDD) reports that an escalating number of persons with intellectual
and developmental disabilities receiving Medicaid Home and Community Based
Services (HCBS) are living in their family homes. The proportion of HCBS
recipients living with their parents or another relative is also increasing.
The findings of the AAIDD are consistent across states though varying
in degree. The report notes that the trend highlights policy changes in
the form of a growing number of Medicaid "Support Waiver"
programs to assist supporting families. This pattern demands paying more
attention to the specific needs of individuals and families and to the
adequacy of support provided in these settings.

Full Report:

K. Charlie Lakin, et al., HCBS Recipients are Increasingly Likely to Live
with Parents or Other Relatives, American Association on Intellectual
and Developmental Disabilities October 2007, available at

http://www.aaidd.org/Reading_Room/pdf/HCBSOct07IDD.pdf

A study published in the Journal of the American Medical Association found
that employees with depression saw improvement in their symptoms and increased
productivity as a result of participation in a workplace treatment program.
The study's findings are significant because they may change employers'
views on mental health care. Mental health professionals hope that employers
will see that investments in the mental health of employees offers
potential returns in the form of improved productivity. Workplace treatment
programs such as the one in the study, which used a care manager to guide
employees through treatment, are relatively inexpensive and may significantly
improve access to care for depression.

Full Story:

Amanda Gardner, Treatment Programs Benefit Depressed Workers: Study Found
Significant Improvement in Symptoms and Productivity, U.S. News September
29, 2007, available at

http://health.usnews.com/usnews/health/h...sed-workers.htm

A Washington State Supreme Court ruling has granted parents the right to
request that the state Children's Administration take custody of
their child with mental illness. The case represents an increasingly common
scenario: Henry, a 13 year old with emotional disabilities, posed a serious
threat to his family and himself. His parents remained personally and
financially involved in Henry's treatment. However, facing bankruptcy
and with no affordable community alternatives other than an inadequate
treatment setting, the family turned to the Children's Administration
for help. Initially denied by the administration, the Washington Supreme
Court held on October 11, 2007, that Henry's situation warranted
dependency status because his parents were able to finance, at most, six
more months of in-patient care, but only if they sold their home. University
of Washington Law School lecturer Kim Ambrose noted "the case highlights
larger societal problems." Ambrose stated, "What's really
going on here is the lack of adequate mental-health services for children
and whose responsibility that is."

Full Story:

Maureen O'Hagan, State Must Hear Parents' Plea for Help, Seattle
Times October 12, 2007, available at

http://seattletimes.nwsource.com/html/localnews/2003944257_henry12m.html

1. National Council on Disability Report to Congress

On October 1, 2007, the National Council on Disability (NCD) sent to the
President its report on the employment of persons with disabilities. The
report had two aims: 1) to summarize the current understanding about the
employment of persons with disabilities, and 2) "to present information
on the perspectives of employers, people with disabilities, and disability
specialists on the key barriers and facilitators of employment."
Focusing on the sectors where there is an expectation that employers will
face labor shortages, the NCD reports that expanding the labor market
to individuals with disabilities will answer this shortage. With the baby-boomer
generation approaching retirement age and with the large amount of unemployed
individuals with disabilities willing and able to work, the NCD suggests
that employing people with disabilities is the answer.

Full Report:

John R. Vaughn, et al., Empowerment for Americans with Disabilities: Breaking
Barriers to Careers and Full Employment, National Council on Disability October 1, 2007, available at

http://www.ncd.gov/newsroom/publications/2007/NCDEmployment_20071001.htm

CVS Caremark and ODEP have formed a two-year alliance to promote the employment
of people with disabilities. This alliance will support technical assistance,
training, education, outreach, and communication skills for individuals
with disabilities and employers in retail and pharmacy services.

Full Story:

CVS Caremark Inks Disability Employment Pact, Providence Business News October 24, 2007, available at

http://www.pbn.com/stories/28016.html

At the end of October, Scotland's Cerebral Palsy football team traveled
to Brazil to compete for the world championships. The team left Scotland
ranked as the lowest and the least experienced, but they had trained hard
and were proud to be representing their country. Seven members of the
twelve-man squad are under the age of twenty-one, three more are under
the age of twenty-four, and all have participated in both individual and
squad training sessions to prepare for this big event. Unlike the players
from other countries, Scotland's players had to pay (the equivalent
of approximately $800) to play on the team.

The team's coach, Stuart Sharp, plans to employ grassroots efforts
and educational tactics to increase participation and obtain the status
of a fully affiliated national team. His mantra over the past three years
has been football first and disability second. The team hopes that its
efforts will send a message to children with disabilities that they, too,
can one day play for Scotland.

Full Story:

Richard Winton, Football First, Disability Second for Scot's Coach,
The Herald October 26, 2007, available at

http://www.theherald.co.uk/sport/headlines/display.var.1787651.0.0.php

At the University of Montana's School of Physical Therapy and Rehabilitation
Science, an eighteen thousand dollar machine is using electrical stimulation
to allow people with mobility difficulties, including paraplegia and quadriplegia,
to exercise their legs. A grant from the Christopher Reeves Foundation
funded the purchase of this machine, which resembles a recumbent bicycle
and is said to improve circulation, muscle tone, muscle strength, and
emotional well-being.

Full Story:

Betsy Cohen, Rehabilitation Machine Helps Patients Who've Lost Use
of Legs Exercise, Missoulian.com October 26, 2007, available at

http://www.missoulian.com/articles/2007/10/10/news/mtregional/news06.txt

The Inter-Agency Standing Committee (IASC), formed by the UN in 1992, recently
issued guidelines for humanitarian responders on planning and coordinating
responses to protect individuals with mental health and psychosocial needs
during emergencies. The IASC issued these guidelines in response to discovering
that people involved in emergencies need greater emotional support. Many
agencies currently offer assistance during and after emergencies. However,
the IASC found gaps in these services due to the absence of a multi-sectoral,
inter-agency framework, which enables effective communication and clarifies
different approaches to mental health. This report offers guidelines to
set up a multi-sectoral, interagency framework.

Full Report:

Kasidis Rochanakorn, et al., IASC Guidelines on Mental Health and Psychosocial
Support in Emergency Settings, Inter-Agency Standing Committee September
18, 2007, available at

http://www.who.int/mental_health/emergen...l_june_2007.pdf

On October 10, 2007, the American Red Cross and the World Institute on
Disability announced a collaboration to better equip the Red Cross and
its volunteers in responding to individuals with disabilities. The organizations
initially will target programs to ten U.S. regions prone to natural disasters.
The collaboration aims to 1) improve Red Cross emergency preparedness
and disaster response for people with disabilities, 2) increase Red Cross
collaboration with community-based disability organizations, and 3) increase
public understanding of the special needs of individuals with disabilities
during disasters. The Verizon Foundation is providing funding for training.


Full Story:

World Institute on Disability and American Red Cross Partner to Provide
Innovative Training to Better Assist Those with Disabilities, CNN Money.com October 10, 2007, available at

http://www.wid.org/wid-and-american-red-...ilities

More Information:

http://insurancenewsnet.com/article.asp?n=1&neID=200710101680.2_21020095cb11b92b

Because of the October 2007 wild fires in Southern California, evacuees with
disabilities are in need of wheelchairs, medication, and supplies that
they had to leave behind unexpectedly. The American Red Cross and the
Salvation Army are providing some supplies at local shelter sites. Individuals
with disabilities are encouraged to contact their physician for medications
and the California Foundation for Independent Living Centers for other
needs.

Full Story:

Francisco Vara-Orta, How Evacuees Can Deal with Special Medical Needs,
Los Angeles Times October 26, 2007, available at

http://www.latimes.com/news/local/la-me-...ines-california

The European Court of Justice ("ECJ") heard a case in October
to determine whether the European Framework Directive (2000/78/EC) protects
people without disabilities from discrimination based on their association
with a person who has a disability. The plaintiff, a mother of a child
with a disability in the United Kingdom, alleged that because of her relationship
with her child, she was treated less favorably than other employees and
eventually constructively dismissed from her job. UK law prohibits associational
discrimination based on gender, race and religion, but not on disability.
However, she argued the protections of the European Framework Directive
do extend to cover associational discrimination based on disability. This
case is the first time associational discrimination has been addressed
by the ECJ, and its decision is expected sometime in 2008.

Full Story:

Bates Wells & Braithwaite, Sharon Coleman v Attridge Law & Stephen
Law, available at

http://www.bwbllp.com/Updates/Detail.aspx?UpdateID=152&Location=1&ID=0

Landmark Decision Over Disability, BBC News December 20, 2006), available
at

http://news.bbc.co.uk/2/hi/uk_news/england/london/6197437.stm

During the last week of November, a delegation from North Korea will travel
to Cambodia to observe an international competition for volleyball players
with disabilities. The Cambodian National Volleyball League of Disabled
People organized the competition, which will include teams from Cambodia,
Mongolia, Canada, Slovakia, Poland, Germany, India, and Malaysia.

This marks the first time that North Korea will participate in an international
sporting event for people with disabilities. The intent of the North Korean
delegation is to learn how to stage the event, and how to work with the
athletes so that North Korea can start its own version of the program
for volleyball players with disabilities.

Full Story:

Phnom Penh, North Korea to Learn About Disability Volleyball from Cambodia,
International Herald Tribune Oct. 16, 2007, available at

http://www.iht.com/articles/ap/2007/10/16/asia/AS-SPT-Cambodia-Disability-Volleyball.php

The Nedbank Disability 2007 Expo, an event showcasing accessibility solutions,
products, entertainment, and lifestyle choices, took place November 1-3
in Midrand, Johannesburg, this year. This event is the only one of its
kind in all of South Africa and included activities such as wheelchair
basketball, wheelchair tennis, and wheelchair dancing. A motivational
talk by Paralympic medal winner Oscar Pistorius was also on the schedule.


Running alongside the expo was a two-day Disability Conference themed
"Universal Access and Human Rights," featuring speakers from
government, private sector, and non-government organizations working in
the area of disability. The conference addressed issues of transportation,
architecture, the environment, health, inclusive education, sports, and
recreation.

Driven by a growing demand from government, businesses, and the community,
as well as the country's preparation for the 2010 FIFA World Cup,
the expo grew fifty percent from last year and hosted nearly seventy exhibitors.


Full Story:

South Africa: Disability Expo Shows Strong Growth, allafrica.com October
10, 2007, available at

http://allafrica.com/stories/200710100198.html

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