Ronald Lockhart, a previous employee of Federal Express Corp. (FedEx)
who is deaf and uses American Sign Language (ASL) to communicate
with others, was awarded $8,000 in compensatory damages and $100,000
in punitive damages after a jury found that FedEx discriminated against
him in violation of the Americans with Disabilities Act.

The discrimination occurred when FedEx refused to provide an ASL interpreter
for employee meetings and safety training sessions for nearly three years,
and then fired Mr. Lockhart in retaliation for his filing a discrimination
complaint with the Equal Employment Opportunity Commission.

FedEx's argument that the $100,000 in punitive damages was excessive
was lost when the U.S. Court of Appeals for the Fourth Circuit affirmed
the award in a January decision.

Full Story:

Brendan Smith, FedEx Loses Disability Suit, Blog of Legal Times (January
24, 2008), available at

http://legaltimes.typepad.com/blt/2008/01/fedex-loses-dis.html

Full Court Opinion:

http://pacer.ca4.uscourts.gov/opinion.pdf/061724.P.pdf

To resolve a federal discrimination complaint filed under the ADA by a
University of South Carolina (USC) Williams-Brice Stadium patron, two
vans with wheel-chair lifts will now run continuously from the accessible
parking lots to the stadium before and after games.

The complaint was filed because although the Williams-Brice Stadium parking
lot is ADA compliant in terms of the number of accessible parking spots
available, USC lacked vehicles equipped with lifts and therefore was unable
to shuttle individuals with mobility impairments from the parking lots
to the stadium. USC plans on spending $125,000 on the two vans.

Full Story:

Joseph Person, USC Settles Complaint on Handicap Access, State.com (January
10, 2008), available at

http://www.thestate.com/sports/story/280349.html

On January 13, New Jersey changed its special education law to place
the burden of proof on schools to show they are providing a free and appropriate
public education (FAPE). In the past it was the responsibility of the
complaining party to prove the insufficiency of a child's individualized
education plan to ensure a FAPE, as decided in Schaffer v. Weast. This
change by New Jersey lawmakers follows similar actions taken by the state
of New York in August. This change came about based on the argument that
complaining parties, usually parents, do not have the necessary expertise
or resources to facilitate a successful investigation into their students
IEP. The New Jersey School Boards Association is working to reverse the
change in law.

Full Story:

Christina Samuels, Some States Shift IEP Burden of Proof to School Districts,
Education Week (January 28, 2008), available at

http://www.edweek.org/ew/articles/2008/01/30/21speced.h27.html?tmp=441647448

In January 2008, the New York State Education Department sent out a memo
telling public school systems across New York, they could no longer provide
special education services to home schooled children with special needs.
This memo effects about 450 student's state wide, and leaves the
parents to decide whether to send their children to public school, discontinue
needed services, or pay for the services out of pocket.

Sapna Kollali, No Special Education Services for Home-Schoolers, Post Standard
(February 4, 2008), available at

http://www.syracuse.com/articles/news/index.ssf?/base/news-13/120211901230230.xml&coll=1&thispage=1

The Office for Civil Rights, a branch of the U.S. Department of Education,
recently began an investigation of the William S. Hart Union High District
in Los Angeles California. A parent filed a complaint in December charging
the school district with discriminating against students based on gender
and disability within its sports system, specifically the softball facilities
and locker rooms. Though the school insists that it is doing extensive
work on the softball facilities, parents of students with disabilities
insist the repairs to the softball field have little effect on making
the field more accessible.

Eric Sondheimer, Complaint filed against Hart School District, L.A. Times
(February 5, 2008), available at

http://www.latimes.com/sports/printedition/la-spw-prepcomplaint5feb05,1,2247073.column

Microsoft has technology called UI (User Interface) Automation, which they
have lent to Accessibility Interoperability Alliance (AIA) to improve
access to technology for people with disabilities. UI Automation is a
programming model that simplifies and reduces costs for assistive technology
developers. The use of UI Automation allows developers to create products
that help users interact better with the technology they produce.

Full story:

PRNewswire, Microsoft Provides Accessibility Programming Model to Industry
Group Devoted to Interoperability and Accessibility (January 17, 2008),
available at

http://news.moneycentral.msn.com/ticker/article.aspx?Feed=PR&Date=20080117&ID=8053752&Symbol=MSFT

A new cell phone is on the market that can assist the blind by reading
for them. The $2,000 phone comes with software that is able to take a
picture and describe its content to the user. The software can read labels,
relate pictures, and read pages of printed text. Reading technology has
been in use for several decades, but this cell phone is a breakthrough
by making the technology available in a hand-held device.

Full Story and Archive of Live Broadcast:

Nell Greenfieldboyce, Cell Phone Reads to the Blind, National Public Radio
(January 29, 2008), available at

http://www.npr.org/templates/story/story.php?storyId=18504117

A Washington, D.C., man with coronary artery disease and who previously
suffered a heart attack filed suit against four area restaurants that
allow smoking. James Bogden contends restaurants allowing smoking indoors
discriminate against him on the basis of his disability because he cannot
safely patronize them given his medical condition. The restaurants argue
Bogden is not disabled within the ADA's definition, and his suit
constitutes an attempt to bypass the state legislature, which has voted
against a statewide ban on smoking. Similar suits utilizing the ADA against
restaurants allowing indoor smoking have settled out of court.

Full Article:

Jen Haberkorn, Virginia Smoking Suit Cites ADA, Washington Times (January
28, 2008), available at

http://www.washingtontimes.com/apps/pbcs.dll/article?AID=/20080128/BUSINESS/556065262/1006

A study published in The New England Journal of Medicine reports a significant
link between soldiers who had suffered concussions and those who had developed
post-traumatic stress disorder (PTSD). The study questioned 2,525 soldiers
who returned from Iraq about PTSD symptoms, and about the nature and severity
of their concussions. Researchers found that the risk of PTSD was higher
among soldiers who suffered a concussion and even higher for those who
blacked out during the concussion. The study likely will generate additional
investigations about such injuries. One expert noted the results of the
study indicate mild brain injuries have a psychological component, which
can improve with treatment.

Full Article:

Benedict Carey, Battle Concussions Tied to Stress Disorder,
N.Y. Times (January 31, 2008), available at

http://www.nytimes.com/2008/01/31/health/31brain.html

A report drafted by Veterans for America, a nonprofit organization, reveals
significant inadequacies of mental health care for soldiers at Fort Drum.
The report cites several shortcomings, including long waits for psychological
treatment, understaffing, inadequate diagnosing procedures, and doubts
about the legitimacy of combat-related mental health wounds. Fort Drum
also has been involved in a recent controversy over whether the Army instructed
the Department of Veterans Affairs to stop helping soldiers with disability
claims. The Second Brigade at Fort Drum has served four tours in Iraq,
and has been subjected to an unusually high level of stress.

Full Article:

Lisa W. Foderaro, Report Faults Mental Care for Iraq Veterans at Upstate
Base, N.Y. Times (February 13, 2008), available at

http://www.nytimes.com/2008/02/13/nyregion/13drum.html?scp=1&sq=fort+drum+mental+health&st=nyt

The House is considering a bill, entitled the ADA Restoration Act, which
would reformulate the definition of "disability" under the
ADA to those with simply "a physical or mental impairment."
The new definition would leave out the previously required criteria that
the impairment substantially limits a major life activity. Proponents
of the bill argue the new definition would provide greater protection
to persons with disabilities by reversing the Supreme Court's mitigation
doctrine. Dissenters argue passing the bill would negatively affect employers,
by forcing them to accommodate all impairments, no matter how minor.

Full Story:

House Considers Bill that Expands the Definition of Disability, Workforce
Management (January 30, 2008), available at

http://www.workforce.com/section/00/article/25/33/58.html

The EEOC recently issued a report that addresses the decline in participation
by persons with targeted disabilities (PWTD) in the federal
workforce and suggests possible solutions. Suggestions of the Commission
include the appointment of a disability coordinator as a point of contact
for all federal agencies; the development of mandatory training for those
in management; and the creation of target hiring goals. The report concludes
with a call for the federal government to take affirmative steps "to
be a model employer for all groups, including PWTD."

Full Story:

Office of Federal Operation, Improving the Participation Rate of People
with Targeted Disabilities in the Federal Work Force, EEOC (January 2008),
available at

http://www.eeoc.gov/federal/report/pwtd.pdf

The Supreme Court recently added two job discrimination cases to its upcoming
docket. One case concerns the extent of employee protection against retaliatory
actions during internal investigations. The second focuses on whether
the employee or the employer bears the burden of proof in demonstrating
the existence of a "reasonable business justification" for
termination. The Supreme Court's rulings will have a direct impact
on the future interpretation of employment discrimination under Title
I of the ADA.

Full Story:

Linda Greenhouse, Justices Add More Cases on Job Discrimination, N.Y.
Times (January 19, 2008), available at http://www.nytimes.com/2008/01/19/us/19s...DYG9p4PwYbE8IHg

See also: Crawford & Meacham Supreme Court Oral Arguments Brief, available
at

http://www.sedbtac.org/legalissues.php?idpg=14

As an outgrowth of the Massachusetts E911 legislation, which promoted
the improvement of disability services statewide, Verizon opened the Verizon
Center for Customers with Disabilities in Marlboro, Massachusetts, in
1992. The VCCD is now celebrating 15 years of providing assistance to customers
who are
"deaf, hard of hearing, late-deafened, deaf-blind or living with
a disability." The VCCD provides a myriad of products and services
to disabled customers, including TTYs, large-button phones, bills printed
in Braille, and talking caller ID service.

The latest service VCCD is developing allows customers to use American
Sign Language to communicate over videophone with a customer service representative
and without a mediating third party, using broadband or Verizon's
FiOS TV and Internet service. Customers with disabilities can learn more
about the VCCD services by calling 1-800-974-6006 (voice/TTY).

Full Story:

PR Newswire, Verizon Offers More Help to Customers with Disabilities:
Company's Massachusetts Center for Customers with Disabilities Marks
15th Year; Expands Service Nationwide (January 30, 2008), available at

http://money.cnn.com/news/newsfeeds/articles/prnewswire/NYW12030012008-1.htm

Michael Guggenheim, a 12-year-old sixth-grader from Beverly Hills, California,
founded a non-profit organization called Showing People Learning and Technology
(SPLAT). After becoming proficient with computers due to his personal
challenges with dysgraphia--a learning disorder making it difficult
and painful to write-- Michael decided he wanted other children with
disabilities to have the opportunity to acquire the same skills that have
helped him overcome his own difficulties.

Housed in the North Hollywood shelter of L.A. Family Housing, SPLAT has
obtained four laptops and 20 CDs of software through donation. Michael,
who also volunteers his time to help children learn how to use the computers,
hopes to expand the reach of the organization to other shelters in the
city so more children who normally would not have access to training with
computer technology to benefit.

Full Story:

Francisco Vara-Orta, Disability Doesn't Slow Boy Down, It Empowers
Him, Nashua Telegraph (February 3, 2008), available at

http://www.nashuatelegraph.com/apps/pbcs.dll/article?AID=/20080203/HEALTH/324575968

On January 22, 2008, the Department of Homeland Security (DHS) issued
the National Response Framework (NRF), which replaces the National Response
Plan and is in response to many requests made by those who work in emergency
preparedness for a user friendly and less bureaucratic document. The NRF
includes 15 annexes called Emergency Support Functions (ESF's),
which describe different response functions and how government agencies
and non-profit agencies should collaborate to serve those affected by
disaster. Three ESFs include directions specifically relating to people
with disabilities. For example, under ESF #3, "Public works and
Engineering will seek technical assistance from the Federal Emergency
Management Agency Disability Coordinator to ensure that accessibility
standards are addressed during infrastructure restoration activities."

The Full NRF:

Homeland Security, National Response Framework Resource Center (January
2008), available at

http://www.fema.gov/emergency/nrf/mainindex.htm

From January 20th to 30th, the National Council on Disability (NCD) held
its fall quarterly meeting in New Orleans. One aspect of the meeting included
a bus tour of the New Orleans areas affected by Katrina. During this bus
tour, NCD listened to presentations and gathered "information from
stakeholders and professionals as well as to receive public comment on
emergency preparedness, homeland security, and other issues of importance
to people with disabilities."

Full Story:

National Council on Disability, NCD Conducts New Orleans Meeting, NCD
Bulletin (January 2008), available at

http://www.ncd.gov/newsroom/bulletins/2008/b0108.htm

In a case before the European Court of Justice (ECJ) questioning whether
European Framework Directive (2000/78/EC) prohibits associational discrimination
based on disability (i.e., discrimination against a person because of his
or her association with a person who has a disability), the Advocate General
has issued his opinion that associational discrimination is indeed prohibited
by the Directive.

If the ECJ adopts the Advocate General's opinion, the UK will be
required to broaden its Disability Discrimination Act to include protection
against this particular type of discrimination, and employers will be
forced to rethink how they interact with employees who provide care
for persons with disabilities.

Full Story:

Jill Bell, Will the Advocate General's Opinion Lead to Rewriting
of the Disability Discrimination Act? The Scotsman (February 11, 2008),
available at

http://business.scotsman.com/business/Will-the-Advocate-General39s-opinion.3763032.jp

Advocate General's Opinion:

Case C 303/06, Coleman v. Attridge Law, Opinion of Advocate General (Jan.
31, 2008), available at

http://curia.europa.eu/jurisp/cgi-bin/form.pl?lang=en

(type "C-303/06" as the case number and select the Jan.
31, 2008, opinion).

The recent World Bank Report entitled "People with Disabilities in
India: From Commitments to Outcomes" reports that children with
disabilities in India are four to five times less likely to be in school
than others, households with people with disabilities are significantly
poorer than the average, and the employment rate of people with disabilities
is lower than the societal norm. The report also found that persons
with intellectual disabilities are in particularly poor positions when
it comes to socioeconomic outcomes, social stigma, and access to services.

The report noted that only two states in India have drafted disability
policies and called for additional policy measures to be undertaken to
improve the quality of life for people living with disabilities in India.

Full Story:

V. Jayanth, Disabled Are Among the Most Excluded, The Hindu (February
5, 2008), available at

http://www.hindu.com/2008/02/05/stories/2008020556081100.htm

On January 20, 2007, the government of Ireland announced the establishment
of the Office of Disability and Mental Health and the Office for Older
People, two offices of a new partnership aimed in part at improving the
quality of life for persons with disabilities. The partnership agreement,
entitled "Toward 2016," implements a lifestyle approach where
the individual is at the center of social policy development and calls
for the government to work in partnership with social partners to provide
opportunities for people with disabilities to live full lives and participate
in society.

Full Story:

Dept. of Taoiseach, Government of Ireland, Irish PM and Health Minister
Announce New Offices for Mental Health, Disability and Older People,
eGov Monitor (January 31, 2008), available at

http://www.egovmonitor.com/node/16949

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