Greetings:

Here is a new report from the National Council on Disability. Awareness of
the need to "Right the ADA," for instance, is included. :) LDMF.

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a fit: http://home.att.net/~ldmf-docs/announce-c.htm invisible-NO-MORE
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of Pain Interest Networking Grps for UN Participation.
----- Original Message -----
From: "Mark Quigley" <mquigley@...>
To: <bulletin@...>
Sent: Tuesday, July 29, 2003 7:37 AM
Subject: National Council on Disability Speaks Out on the State of Civil
Rights for People with Disabilities



NEWS RELEASE NCD #03-424
July 29, 2003
Contact: Mark S. Quigley
202-272-2004
202-272-2074 TTY

National Council on Disability Speaks Out on the State of Civil Rights for
People with Disabilities

WASHINGTON-The National Council on Disability (NCD) today released an
excerpt from its annual report, National Disability Policy: A Progress
Report (http://www.ncd.gov/newsroom/publications/progressreport_final.html),
which highlights issues related to civil rights for people with
disabilities, reporting on civil rights advances, declines, and areas that
bear watching or are in need of repair.

NCD recognizes the greatest achievement of 2002 was the inclusion of access
to the polls for people with disabilities in the new national voting
legislation. In other areas, such as judicial interpretation of the
Americans with Disabilities Act (ADA), the past year brought notable losses.

"A dozen years after the enactment of this landmark legislation, concern
about recent court decisions coupled with a degree of backsliding in
employment and some critical areas of access have suggested to many people
with disabilities that a clear intent to weaken the ADA is underway and that
they must close ranks and increase their vigilance," said Robert R. Davila,
Ph.D., NCD member.

In last year's report to Congress, NCD noted an atmosphere of fear and
uncertainty among Americans with disabilities because of the potential or
real loss of legal protections. This climate of fear became pervasive in
2002 as a result of the continuing trend of court decisions unfavorable to
disability rights and of the federal government's disinclination to include
civil rights enforcement for people with disabilities as a major element of
the New Freedom Initiative. NCD reports that when disability rights
advocates discuss court decisions today, their focus is primarily on how to
prevent or slow further erosion of civil rights.

The NCD report highlights two 2002 Supreme Court cases:

In Toyota v. Williams the justices ruled that Toyota had not violated the
law by refusing to accommodate a worker with severe carpal tunnel syndrome.
The Supreme Court found that, because the individual could perform routine
household tasks at home, she was not substantially limited in the major life
activity of working, and, therefore, not protected by the ADA.

In Echazabal v. Chevron the Supreme Court, in deferring to the "direct
threat" defense established by EEOC regulations, held that an employer can
deny employment to a person with a disability if the employer determines
that person might pose a danger to him or herself in the course of the
employment.

The report clearly spells out that the general pattern of these and other
Supreme Court decisions strip people with disabilities of the ability to
enforce the ADA and other civil rights laws. Faced with the disheartening
and deteriorating judicial situation, NCD, in 2002, began a series of policy
papers examining the Supreme Court's ADA decisions and their meaning for
people with disabilities. This project, Righting the ADA, covers the myriad
of issues involved in the Court decisions and setting forth their legal and
human implications. The papers explain the background of the ADA and analyze
the prospects for reform. The series of briefs () will conclude with a
comprehensive report that includes legislative proposals.

NCD recommends that now, more than ever, it is critical that the Federal
Government vigorously enforce the ADA. The NCD report also raises the issue
of the administrative practice of vetting proposed social policy, including
civil rights protections, by projected costs to business. NCD recommends
that the federal government clarify the role of such potential costs in the
area of civil rights and make it clear that the ADA includes ample
protections for private entities from excessive or burdensome demands.

The NCD report also reviews progress in the following disability rights
issues:

Hate Crimes: NCD reports that although all vulnerable groups (including
people with disabilities) face heightened risks and unique forms of
victimization, threats specific to those with disabilities have received far
less attention than dangers facing other groups. As in last year's report,
NCD recommends that Congress adopt legislation extending federal hate crimes
protection to persons with disabilities.

Genetic Discrimination: NCD has continually recommended enactment of strong
anti-discrimination legislation to assure that DNA is not used to
discriminate against people in matters of employment, insurance or health
care. The increase of data purporting to link genes to health conditions has
the potential to result in an increase of incidents of "adverse selection" -
screening people out of insurance or employment on health-risk grounds
revealed through DNA tests. Moreover, such genetic information can be
obtained as a by-product of other permissible tests. Many people may be
victims of genetic discrimination without knowing such information has been
obtained and used. NCD refutes the claim that costs would increase if
insurers and employers were barred from using genetic information in
coverage or employment decisions. NCD finds no research confirming these
predictions, and, in fact, argues instead that there would be greater costs
to society should genetic discrimination force people to forego diagnosis or
delay treatment in order to protect themselves from discrimination. NCD
recommends that Congress recognize the growing importance of this issue and
act to curb discriminatory use of genetic information in insurance and
employment. (For details of the NCD position, see the NCD 2002 white paper
on genetic discrimination with detailed recommendations at
http://www.ncd.gov/newsroom/publications/geneticdiscrimination_positionpaper
.html).

Voting Rights: NCD applauds the new national voting rights legislation and
notes that implementation of the law will depend upon financial resources
and commitment to this issue at state and local levels. To provide a
baseline for evaluating the success of the Act, NCD recommends the
Administration undertake research following the 2004 election campaign to
determine whether significant numbers of voters with disabilities were
facilitated in voting and were enabled to exercise their right to a secret
ballot. NCD also recommends that Congress remain alert to barriers such as
insufficient state sums authorized for disability access, and problems
arising from the photo-ID requirement.

Section 504: NCD has become increasingly concerned with the diminished
attention to and enforcement of Section 504 of the Rehabilitation Act. To
ensure continued vitality of this historic and effective law, NCD recommends
a re-commitment to the principles and the use of Section 504 as an important
instrument for ensuring full access and civil rights for all citizens. NCD
also recommends that the Administration revitalize the Interagency
Disability Coordinating Council as the major vehicle for the coordination of
Section 504 policy and implementation among the numerous federal agencies
that must be engaged if the law is to achieve its full potential.

For more information, contact Mark Quigley or Martin Gould at 202-272-2004.

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