Recent EEOC Disability Discrimination Lawsuits

FROM THE NRCA CAPITOL INSIDER-
The Equal Employment Opportunity Commission (EEOC) filed two employment discrimination lawsuits under title I of the Americans with Disabilities Act (ADA) in the US District Court for the Southern District of Texas in Houston. In the first lawsuit against ENGlobal Engineering, Inc., an energy engineering and professional services company, EEOC alleged the company fired an individual because it regarded him as having a disability. The employer insisted that the employee take a medical leave of absence when he began experiencing symptoms of multiple sclerosis even though he could still work. When the person returned to work with a doctor's clearance, ENGlobal falsely told him his position was no longer available. Three weeks later, the company hired someone else.

In the second employment discrimination lawsuit, EEOC alleged that DynMcDermott Petroleum Operations Company refused to hire someone who had previously worked for the company because his wife had cancer which the company felt would interfere with his ability to do his job. The company later hired someone with no experience for the position. Discrimination based on association with a person who has a disability is prohibited under title I of the ADA. See EEOC's press release at:
http://www.eeoc.gov/eeoc/newsroom/release/8-26-10.cfm

National Council on Disability Nominees

FROM THE NRCA/ARC/UCP NEWSLETTER:
Senator Tom Harkin (D-IA), Chairman of the Health, Education, Labor and Pensions (HELP) Committee, announced last week the Committee had approved nominations to fill positions at the National Council on Disability and other federal agencies. The nominees now move to the full Senate for confirmation.

The nominees for NCD membership are:

• Gary Blumenthal of Massachusetts
• Chester Alonzo Finn of New York
• Sara A. Gelser of Oregon
• Ari Ne'eman of Maryland
• Dongwoo Joseph Pak of California
• Carol Jean Reynolds of Colorado
• Fernando Torres-Gill of California
• Jonathan M. Young of Maryland

NRCA Announces New Medicare Draft

From the National Rehabilitation Counseling Association:
The three House committees with jurisdiction over health care—the House Ways & Means Committee, the House Energy & Commerce Committee, and the House Education & Labor Committee—have released draft health care reform legislation, including provisions to update the Medicare program. Importantly, the draft legislation (known as the “Tri-Committee” draft) would establish Medicare coverage of licensed professional counselors and marriage and family therapists (blog author's note: CRC's are not mentioned). The legislation makes significant changes to the way the current health insurance marketplace works in the U.S., with the goal of building on our current system to broaden coverage and constrain health care cost increases.

Information on the legislation, including the bill text and a summary, is on the House Education & Labor Committee’s website at http://edlabor.house.gov/blog/2009/06/health-care-reform-house-dems.shtml

Report: Severe Housing Affordability Crisis for People with Disability

From the NRCA/Capitol Insider-- Today the Technical Assistance Collaborative and the Consortium for Citizens with Disabilities Housing Task Force issued Priced Out in 2008, a study which documents the severe housing affordability crisis facing over 4 million people with disabilities who rely on Supplemental Security Income (SSI) to live. The report compares monthly SSI payments to U.S. Department of Housing and Urban Development Fair Market Rents in all metropolitan statistical areas across the country. The national average rent for a one-bedroom unit was $749 per month (112.1% of monthly SSI payments) and the studio/efficiency unit rent was $663 per month (99.3% of monthly SSI income). The report can be accessed at:http://www.lifewithoutlimits.org/site/R?i=mFuoF6gYPBvbcrnV0LNxWQ..

NCD: More Fed Jobs Needed for People with Disabilities

WASHINGTON, DC via NRCA—The National Council on Disability (NCD) says efforts to employ people with disabilities in the Federal Government have not worked, and in a new report, recommend strategies for change The paper, “Federal Employment of People with Disabilities” is available at: http://www.ncd.gov/newsroom/publications/2009/pdf/Federal_Employment_of_People_with_Disabilities.pdf . John R. Vaughn, NCD Chairperson, says, “despite laws, regulations, policy guidance… barriers to federal employment remains, and the number of employees with disabilities in the federal workforce is still low.” NCD's 2008 Annual and Progress Reports are also available on the NCD website.

RELATED:
For more information, contact NCD Director of External Affairs, Mark S. Quigley, at mquigley@ncd.gov or by telephone at 202-272-2008
SOURCES:
National Council on Disability Calls for New Federal Approach to Disability Policy
http://www.foxbusiness.com/story/national-council-disability-calls-new-federal-approach-disability-policy/
Federal Employees with Disabilities Few And Far Between, Report Says http://www.disabilityscoop.com/2009/03/31/employment-report-2/2722/
National Council on Disability Makes Recommendations to Create More Federal Job Opportunities for People With Disabilities
http://www.foxbusiness.com/story/national-council-disability-makes-recommendations-create-federal-job/

NRCA Disability Legislative Update

From the National Rehabilitation Counseling Association:
Major Events Last Week
Obama Administration: President-elect Barack Obama announced that he will nominate Peter Orszag, Congressional Budget Office Director, to head the Office of Management and Budget (OMB) in the White House which oversees the federal budget. Orszag has significant expertise in health policy. If confirmed, he is expected to play a major role in the development of health care reform policies, focusing on health care costs . President-Elect Obama also announced the nomination of Rob Nabors, Staff Director of the House Appropriations Committee to be OMB Deputy Director.
Medicaid : The Department of Health and Human Services has published a list of the federal matching rates for the Medicaid and State Children’s Health Insurance Program (SCHIP) for Fiscal Year 2010. This list shows the Federal Medical Assistance Percentages (FMAP) that the federal government will pay for approved services under the state Medicaid plan from October 1, 2009, through September 30, 2010. The list also includes Enhanced FMAP percentages which are to be used for the SCHIP program and for certain children in the Medicaid program. The state list can be found at: http://edocket.access.gpo.gov/2008/pdf/E8-28233.pdf
Major Events Ahead
U.S. Congress: The Congress is not in session this week. It will convene next week for a lame duck session.
Economic Stimulus/Medicaid: House Speaker Nancy Pelosi (D-CA) will meet with the leadership of the National Governors Association (NGA) to discuss elements of the economic stimulus package that Congress is expected to consider in early January. A temporary increase in the federal share of Medicaid spending (known as the FMAP) is high on the NGA's wish list.
Education: The U. S. Department of Education published final rules this morning for certain provisions of the IDEA Part B State Grant Program. The rules deal with parental consent for special education services, fees for non-attorneys in due process hearings, and efforts to employ and promote individuals with disabilities. See the regulation at: http://edocket.access.gpo.gov/2008/pdf/E8-28175.pdf
Announcements
Access Board Leadership: The Access Board, an independent Federal agency devoted to accessibility for people with disabilities, named David Capozzi as its new Executive Director on November 24th. Prior to this announcement, Mr. Capozzi served as Director of the Board’s Office of Technical and Information Services and as Acting Interim Director. Capozzi states that he has “a vision of a higher performing agency that will grow to meet the demands of our complex society.”
Policy Recomendations for Obama Administration: The Consortium for Citizens with Disabilities (CCD), a coalition of more than 100 national disability organizations, submitted its policy recommendations to the Obama transition team. View the document at http://www.c-c-d.org/task_forces/trans/CCD-Transition-Recommendations-11-17-08.pdf
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Annie Acosta
Director of Communications and Grassroots Advocacy
Disability Policy Collaboration

National Rehabilitation Counseling Association (NRCA)
PO Box 4480
Manassas, VA 20108
703-361-2077 (voice)
703-361-2489 (fax)
(Office hours: Monday through Thursday; 8:00 a.m. - 4:00 p.m. EDT)
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