Political Musings

Hear Kavanaugh Out or Get Out

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I am exceedingly disappointed in disability community leaders. They are engaging in what Senator Ben Sasse recently referred to as “theatrics.” While theatrics may, admittedly, serve a purpose in some advocacy pursuits, the theatrics prompting interruptions of Brett Kavanaugh’s hearings are meritless. Beyond that, they reveal a fundamental misunderstanding about the role of the Supreme Court. I’m embarrassed that disability community leaders have hijacked the Kavanaugh hearings to reveal, at best, ignorance, and at worst, manipulation by Democratic Party operatives.

Yesterday I was having a conversation with two friends who also advocate within the disability community. One friend shared that she had written letters oppositing Kavanaugh’s nomination. I asked why she disagreed with Kavanaugh’s pending appointment to the Supreme Court, and she was surprised I did not know that he is “against” people with disabilities. How so, I asked. My friend said that he had made statements revealing his bias against people with disabilities. Yet, when I asked for further details, she could not seem to remember the words he used. Round and round we went, but my friend either could not or would not specifically identify what actions Kavanagh had taken that offended her so deeply.

My other friend jumped in, telling me Kavanagh forced two women with disabilities to have abortions against their will. I said I found that highly unlikely, as Judge Kavanaugh is a self-identified Catholic. I suggested, instead, that he had upheld a surrogate decision-making policy in the Doe Tarlow v. D.C. decision. Surrogate decision-making policies were at issue because the women had been deemed unable to give consent. Importantly, this decision tells us nothing about Judge Kavanaugh’s personal thoughts about people with disabilities. Instead, the decision reveals only that the surrogate decision-making  policies at issue in the decision were constitutional and appropriately applied.

Now, I’m not saying that I agree with the underlying policy Kavanaugh upheld. And we don’t know whether Kavanaugh did, either. Critically, the role of a judge is to interpret the law – not to determine whether a law is “good” or “bad,” and most certainly not to make it. Indeed, I believe these are the fundamental facts that leaders within the disability community fail to grasp. By coming out so strongly against Kavanaugh, and by insinuating that he is a less-than-honorable man, they look rather foolish.

I am concerned that when the disability community needs to advocate for or against a particular piece of legislation – as it should do – too many bridges will have been burned on the Republican side of the aisle. I’ve never witnessed the disability community come out en force against pro-“choice” judicial nominees who think nothing of a woman engaging in her right to selectively abort a fetus on the basis of its disability. Similarly, I’ve not seen disability community leaders interrupt hearings of judicial nominees that support creating a judicially-recognized right to physician-assisted suicide. So why all the fuss about a Supreme Court candidate nominated by a Republican president?

Even worse, I am concerned that the disability rights movement will have lost some of its credibility, demonstrating its fundamental misunderstanding of balance of power between the executive, legislative, and judicial branches of government. Simply, the judiciary does not create law. People with disabilities would be better-served if more attention spent getting focusing on the legislative branch and its ability to create law – that is where the community can have real, lasting influence in improving conditions for all people with disabilities.

HR 620: The ADA Nullification Act

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Today has been, overall, disappointing. I got an adverse (and ridiculous boilerplate) agency review decision regarding my eligibility for Vocational Rehabilitation Services. I also learned that eight nursing home residents died after power outages caused by Hurricane Irma. But, I want to write about the issue that may have the greatest and longest-lasting ramifications: HR 620.

It’s sponsor, Ted Poe (a Texas Republican), euphemistically titled the bill the ADA Education and Reform Act of 2017. It should truly be called the ADA Title III Nullification Act of Hopefully Never. Currently, the only way ADA noncompliance is rectified is if a person that has a disability pursues action against the discriminatory party. If, for example, a new store is built with zero means of access for someone in a wheelchair (i.e., the only means of entry is staircases), no one is going to make the store owner comply with the ADA except people with disabilities. They could try to speak to the owner and explain that he or she is out of compliance. Or the person with a disability could file a complaint with a local human rights commission or the US Department of Justice. No government agency is out inspecting and ensuring accessibility. Complete onus is on the person with a disability.  Based on this noncompliance (note that businesses have been aware of the ADA for 27 years and have had more than two decades to learn the rules and comply) and the effects of discrimination, as well as potential out-of-pocket fees spent on court filing and attorney fees, people with disabilities can potentially recover limited damages under the ADA.

Businesses and their buddies, like Representative Poe, are upset that ADA compliance is mandatory and, potentially, costly. It is business that has petitioned for HR 620. The bill, if passed, will be detrimental to civil rights and people with disabilities. Why? If a person with a disability discovers an architectural barrier, he or she will no longer be able to file a lawsuit unless: (1) he or she provides specific notice to the owner of the noncompliant entity regarding the barrier; (2) the owner fails to, within 60 days, provide a description of the changes it will make to become compliant or fails to, within 120 days, make substantial progress on the barrier removal. This is absolutely ridiculous.

The ADA has existed for 27 years; businesses have had ample time to comply. Now, any incentive to do so proactively is gone. New businesses will likely wait until they receive a complaint to make their buildings and services accessible. And, people with disabilities may be less likely to complain. Having to manage attendant care, paratransit, and a regular job can be exhausting, and few will have time to regularly follow up with the business and ensure is making reasonable progress toward compliance. It is much easier to ask an attorney to handle the letter-writing and maintenance aspects of the proposed amendments. Yet, with or without attorney, HR 620 would require a person who has been blatantly discriminated against to wait half a year before they can enforce their rights.

Businesses frequently state that they are frustrated with “drive-by lawsuits,” in which attorneys will search Google maps, look for businesses with noncompliant parking lots, find a local person with a disability to name in the suit, and file. The business may offer to settle, not wanting to engage in costly litigation, and the litigant and lawyer may make off with $2,500 each for minimal work and, allegedly, minimal harm caused by the business’ noncompliance.

This argument is completely bogus. I live in Indiana. We have no problem with ADA drive-by lawsuits. California and Florida may have a problem, but remedies already exist. Rule 11 of the Federal Rules of Civil Procedure prohibits attorneys from filing frivolous lawsuits or harassing the adversarial party. Attorneys are sanctioned if they violate Rule 11, and all law school students learn this in their 1L Civil Procedure class. DREDF also notes that attorneys and Bar Associations have ethical obligations that prohibit inappropriate behavior by attorneys. California sanctioned one attorney regarding his unethical disability litigation methods.

From an ethical perspective, I’m truly disturbed that Representative Poe apparently has no qualms about putting forth a bill specifically designed to diminish the rights of people with disabilities. And I’m even more upset that the bill has 51 cosponsors. Members of both parties have cosponsored it. Are disability rights still a bipartisan issue? Perhaps. However,  I would be remiss if I failed to share that the bill was passed out of the Judiciary Committee along party lines. All 15 Republicans voted in favor of the bill, and all nine Democrats voted against it.

If you are even half as concerned as I am about HR 620, please contact your representative and ask him or her to oppose the bill. Share with them how it diminishes civil rights and encourages noncompliance. Share that, in addition to the arguments given above, the bill is simply immoral. Share that disability rights matter.

Review: Dangerous

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I really hesitated before purchasing Milo Yiannopoulos‘ Dangerous. I was afraid of the controversy that reading the book in public might entail. One of my work colleagues and I discussed Milo and his movement after the riot that followed him at Berkeley. Before hearing about the massive damage left in his wake, I had never heard of him, nor read his Breitbart columns. Shortly after the Berkeley incident, Milo made the news again, resigning from Breitbart after allegations that he supported pedophilia. So, you can imagine why I was leery.

It turns out that Milo relishes the spotlight, referring to himself as a “dangerous faggot” and adopting the drag persona Ivana Wall. His book describes the role he’s created for himself, eagerly pushing boundaries and challenging liberals who try to suppress the free speech of himself and others. Milo promises readers that he is a “good troll,” only using “a certain level of disregard for other people’s feelings” when “reasoned argument and polite entreaty have failed.

Nonetheless, in Dangerous, Milo is occasionally downright mean for no apparent purpose, other than getting himself put squarely back in the limelight. Milo regularly complains about “ugly women” and “fat people,” yet claims he only trolls “deserving targets,” including “the disabled.” What did people with disabilities ever do to get on Milo’s bad side? I find his attitude toward people with disabilities particularly ironic given that Milo claims HIV/AIDS is still a problem worthy of attention, particularly amongst the gay male population. Funny that, when the Americans with Disabilities Act was being passed, disability advocates fought tenaciously to get HIV/AIDS recognized as a disability within the Act’s protection.

The surprising thing is that Milo actually has many astute points. Particularly in regard to social media censorship and the millennial generation’s engagement in the political sphere, Milo has many thoughts worthy of discussion. Because I actually learned something from Dangerous – something interesting, I promise, completely aside from name-calling – I feel compelled to recommend that others give the book a chance. At the same time, I understand if and why you don’t. Fortunately, you have to freedom to expose yourself to Milo. (I’m sure he’d get a kick out of it!)

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Independent Living, Hoosier Style

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I’ve spent the last two days in a training program for the Indiana Statewide Council on Independent Living  Council (INSILC). We had the pleasure of being trained Paula McElwee, our technical assistance coordinator from Independent Living Research Utilization (ILRU), and Kimberly Tissot from able South Carolina. The information conveyed by Paula and Kimberly was well-received by INSILC members and prospective members, myself included.

What I did find concerning, however, was confirmation from individuals across the state that many people – both with and without disabilities – are still unfamiliar the philosophy of independent living. I want to devote this post to spreading the word. Independent living is essential, especially as fears loom about political plans for re-institutionalization.

Independent living is generally considered the brainchild of Ed Roberts. Roberts was paralyzed from polio, and used a respirator and an iron lung for respiratory support. Nonetheless, he knew that he had much to contribute, and applied for services from vocational rehabilitation (VR). VR decided that he was too disabled and turned him away without assistance, effectually deeming him unemployable. Roberts pressed on, undeterred, and was admitted to Berkeley. There, Roberts lived in the campus clinic, as opposed to a dormitory, and his brother provided personal care assistance.

As more students with physical disabilities gained admission to Berkeley and forged friendships with Roberts, their band became known as the Rolling Quads. They demanded more equal treatment from Berkeley, including the removal of environmental barriers and the provision of personal care services. Yes, their goal was to live independently. Although they could not “independently” complete the physical tasks of activities of daily living, their independence came through the direction of how those activities were completed. Independence is about choice.

(By the way, in case you were wondering, after Roberts completed his education, he was appointed by the Governor as VR Director. Mwahahahahaha!)

With prompting from those in the disability community, the federal government began funding what are known as centers for independent living (CILs). Today, the funding scheme is fairly complex, but CILs are tasked with providing core services for people with disabilities in their service areas:

  • Information and referral. Staff can refer clients to local community resources such as transportation, accessible and affordable housing options, sources for durable medical equipment, etc.
  • Advocacy. Staff can help clients learn methods for self-advocacy, such as best practices for asking an employer for reasonable accommodations. Staff may also engage in systems advocacy, informing policymakers about the ways in which proposed legislation may affect people with disabilities.
  • Independent living skills. Staff can provide instruction on things like personal care assistance, accessible transportation options, adaptive sports, etc. Obviously, the skills imparted to clients will depend on each client’s individualized needs.
  • Peer counseling. Since many CIL staff have disabilities themselves, they can provide clients with insights about their own experiences. Learning from an experienced peer can demonstrate that independent living, holding a job, etc., is possible, regardless of what the client has heard elsewhere.
  • Transition. Staff can help clients transitioning from high school to higher education or the workforce. Important tips, such as getting a benefits analysis and exploring Medicaid buy-in options, can be very helpful to those transitioning into adulthood.

Important stuff, no doubt. Although the day-to-day operations of the CILs are largely autonomous, the state independent living council in each state is responsible for drafting a state plan for independent living. This plan, which incorporates feedback from people with disabilities, CILs, and community partners, directs the overall operation of independent living within the state. The drafting and monitoring of this plan are primary responsibilities for councils, including INSILC.

Crucially, INSILC is the only gubernatorially-appointed board in Indiana that contains a majority of people with disabilities as voting members, with a consistent mission of promoting independent living within the state. They are, most certainly, a necessary voice. The past two days’ training sessions were great; it makes me happy to see INSILC’s commitment to continue striving to represent the interests of peers with disabilities.

Budget Concerns

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I haven’t written about politics lately, but I’m moved to do so given the Trump Administration budget proposal announced last month. The proposed budget has met criticism from seemingly everyone, regardless of political affiliation. Indeed, this post is also intended as a critique, though geared specifically toward how the budget is likely to affect Americans with disabilities.

Granted, many people with disabilities, as well as organizations supporting groups of people with disabilities, have been outspokenly opposed to the proposed budget. In fact, the Consortium for Citizens with Disabilities, self-described as “a coalition of approximately 100 national disability organizations,” has firmly called upon Congress to “reject” the proposed budget. Two women who self-identify as disabled, Stacey Milbern and Patty Berne, talk about being “terrified” at the prospect of living under the proposed budget, and suggest that changes demanded by implementation would go to “the core of being able to live.”

Most concerning the majority of people with disabilities are the proposed funding levels for Social Security and Medicaid, despite Candidate Trump’s promises not to revoke social safety nets. Although OMB Director Mick Mulvaney has attempted to explain that the proposed budget works to cease the growth of spending, rather than seriously cut funding, it’s difficult to understand how capping spending will not have an adverse effect on people with disabilities over time. Insurance companies will likely continue to pay exorbitant amounts for medical treatment, which counteracts any government attempt to reduce healthcare spending. Indeed, at this point, this Republican has to conclude that the only ways to seriously reduce medical expenses involves either completely removing the federal government from health insurance or mandating universal coverage.

I am dismayed by multiple Facebook posts friends that say Trump, Mulvaney, and Republicans, either together or individually, are working to kill people with disabilities. I have no doubt in my mind that these posts are hyperbolic and false. Nevertheless, I understand the fears of the Facebook posters. Federal law requires Medicaid to cover nursing homes days for eligible beneficiaries, but does not require Medicaid to cover care in home and community-based settings. This is disturbing, first, because home-based long-term care is generally overwhelmingly cheaper than institutional care. If OMB and Congress is worried about healthcare spending, why not flip this paradigm? Second, an overwhelming number of people with disabilities would prefer to live at home than in nursing homes. However, if States have less money to work with, they may need to reduce home-based care in order to cover the mandatory nursing home coverage. Unfortunately, I doubt that many congressmen understand the nuances of Medicaid statutes and regulations, and fear that these concerns will go under their radar.

Also concerning is the fact that the proposed budget wants to merge multiple disability programs into a single entity. For example, State Council on Developmental Disabilities, the Independent Living Program, and funding for traumatic brain injuries would be merged into a single Partnership for Innovation, Inclusion, and Independence.  Budgets for each would be reduced across the board. So, the proposed budget would reduce the ability of the aforementioned advocacy groups to speak up and address concerns like institutional bias discussed above. Even more concerning, the Independent Living movement and the developmental disability community are not always on the same page when it comes to the implementation of solutions. Should this portion of the proposed budget pass, I anticipate more division in the disability community and greater discord overall.

Certainly, the proposed budget is not completely negative. I’m one of the few people I’m aware of that is not completely adverse to the idea of Medicaid block grants. Many are concerned that block granting will  reduce not only the amounts of services available under State Medicaid programs, but also reduce rights and remedies available to beneficiaries. While this is certainly a possibility, I also believe that Medicaid ripe for reform and the ability to innovate at the local level holds promise.

What do you think?

Review: In Our Hands

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You might’ve heard about political scientist and professor Charles Murray recently. He was the subject of a recent campus protest, and is also (in)famous for writing The Bell Curve. I picked up the most recent draft of his call for the creation of a universal basic income (“UBI”), In Our Hands: A Plan for Replacing the Welfare State.  As a person who relies on government welfare programs (e.g., Medicaid), I’m skeptical of most libertarian plans for reform. However, Murray and his book surprised me in a very positive way!

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Unsurprisingly, Murray calls for the elimination of most wealth transfer programs, including Social Security, Medicare, Medicaid, and additional programs that may not initially come to mind when one thinks about welfare (e.g., farming subsidies). However, people – citizens, at least – will not be left completely without government support. Wealth transfer programs will be replaced by UBI. The figure Murray gives is $13,000 per year for each individual aged 21 and older (the amount can be proportionally reduced by up to $6,500, depending upon how much income a given citizen receives each year). Lest you think this is going to cost taxpayers even more than current welfare programs, Murray’s proposal is actually less costly than the status quo!

Unlike current programs that place in enormous restrictions on how each form of wealth transfer may be used, Murray’s UBI has at least $3,000 each year must be used to purchase catastrophic health insurance. This should please Democrats, in that all Americans would have healthcare. It should also please Republicans, in that catastrophic care truly is health insurance. Believe it or not, I am also impressed by Murray’s proposal because he states that long-term care would be included in the mandatory health insurance packages. People with severe disabilities in need of personal care assistance have been looking for a Medicaid alternative for years – could Murray’s UBI be it?

There is much more to discuss in this short book, and perhaps this blog will revisit some of the other benefits of UBI at a later time. I’m intrigued with the idea, and have been mulling over Murray’s proposal all week. Needless to say, this is definitely a book I recommend to anyone interested in government reform.  AEI-affiliated ideas strike again!

5th Annual Fair Housing Conference Debriefing

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Last Thursday, I had the pleasure of attending the Fair Housing Center of Central Indiana‘s (FHCCI) Fifth Annual Fair Housing Conference & Anniversary Celebration at the Marriott East in Indianapolis. In full disclosure, I serve as Secretary of the FHCCI  Board, and helped found the organization. Nonetheless, I think everyone in attendance – and this year we set an all-time registration record – enjoyed the event.

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FHCCI Board and Staff

This year’s theme was No Hate in Our Neighborhood: How Fair Housing Laws Combat Hate & Promote Inclusion. (The program’s design credit goes to Projects Coordinator Brady Ripperger.) It highlights both the fact that Indiana is one of only five states without a hate crime law and FHCCI recently received a large grant from the Open Society Foundations to form a coalition combating hatred.

Because of my professional interest, as well as serving as moderator at the first session, both of the breakout workshops I attended addressed fair housing and disability.  At the first session, Indiana Disability Rights’ Managing Attorney Tom Crishon and Relman Dane & Colfax’s Laura Arandes discussed case law/litigation updates from January 2016 to present. The most interesting part of their session, perhaps, came during the question and answer period, when landlords peppered them with questions about the reasonableness of accommodations. At the beginning of the session, Tom joked that perhaps the audience was so crowded due to settlement agreements requiring landlords to get continuing education about fair housing law. By the end of the session, the joke wasn’t so funny as intended.

Indiana Disability Rights was featured in the second disability-related workshop as well, this time by Legal Director Melissa Keyes. Melissa discussed changes required of home and community-based service providers under new rules promulgated by Medicaid. These rules include, for example, that recipients of services are entitled to a lease and a bedroom with a lockable door. Melissa’s co-presenter, Executive Director of HOPE Fair Housing Center Anne Houghtaling, spoke about how people with disabilities are often affected by landlords’ refusal to consider those with criminal records from rental opportunities. Interestingly, she also shared that she is the individual that wrote the original grant for FHCCI startup funding years ago!

The highlight of the conference (aside from getting surprised with a poster in front of the whole audience at lunch, in recognition for five years of service to the organization) was the morning keynote, delivered by Ise Lyfe. I’d heard him speak last summer, at the National Fair Housing Alliance Annual Conference in Washington, D.C. I can’t really explain how awesome his presentations are – they include things like mathematical poetry – and emphasize the importance of the individual, the importance of participation, and of course the importance of our work.

April is Fair Housing Month. If you’re looking for a way to get involved, consider donating to FHCCI, which provides education and enforcement activities regarding fair housing in Central Indiana. Given our commitment to making the conference accessible to those in the community, registration costs do not cover the full expense of the event. Your donation could help further our activities, including the conference.

Gorsuch & Such

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Multiple people have weighed in on the pros and cons of Tenth Circuit Judge Neil Gorsuch, President Trump’s nominee to fill the vacant Supreme Court seat left by Justice Antonin Scalia. For years, I’ve attended Federalist Society meetings, and am generally in favor of judicial restraint. However, strict constructionist justices have generally jeopardized the status of disability rights. The intent of this post is to evaluate some of Judge Gorsuch’s opinions in order to anticipate how disability rights may fair should he be approved by the Senate.

Adversaries of Gorsuch’s nomination have been outspoken, particularly in the realm of his previous decisions involving IDEA. As the Bazelon Center reports, Gorsuch has interpreted IDEA extremely narrowly, holding that the law merely requires “the creation of individualized programs reasonably calculated to enable the student to make progress towards the goals within that program….” Thompson R2-J School District v. Luke P., 540 F.3d 1143, 1155 (10th Cir. 2008). More importantly, Gorsuch writes that the standard is “not an onerous one.” Id. This opinion, and others like them, are concerning because it sets a low standard of achievement for students with disabilities. The bare minimum is acceptable, as opposed to fulfilling the full academic potential of the student.

Titles I and II of the Americans with Disabilities Act (and employment-related provisions of the Rehabilitation Act) are other areas in which Judge Gorsuch has routinely ruled against people with disabilities. Perhaps the opinion most routinely cited by Gorsuch critics is Hwang v. Kansas State University. This case involved a professor with cancer, who took a leave of absence to recover from treatment. When the professor was scheduled to return to work, there was an outbreak of the flu at her University. Her doctor recommended an additional period of leave, so as not to jeopardize the professor’s immune system further. This recommendation was denied by the University. Judge Gorsuch opined that a six-month period of leave policy was more than adequate to meet the needs of qualified persons with disabilities, as opposed to requiring the University to determine the particular needs of each individual with a disability. More troublingly, Gorsuch essentially recommends that the professor receive welfare benefits rather than pursue employment, given her situation.

On the other hand, Judge Gorsuch offers hope to the disability community in another very important area: assisted suicide. In 2006, he wrote The Future of Assisted Suicide and Euthanasia, in which he avers that “[a]ll human beings are intrinsically valuable.” Although education and employment are important to people with disabilities (as they are for all people), there is a mounting movement toward assisted suicide, which undermines the value of life with disability, in particular. While I am disturbed by some of Gorsuch’s opinions regarding the government’s role in preserving education and employment rights, it is my right to life that concerns me most today.

Therefore, I think the Gorsuch nomination is a mixed bag for the disability community, despite many on the left clamoring for nay votes. It seems to me the calls to block his nomination from proceeding are silly; his reputation, both academic and professional, is impeccable, and his judicial philosophy is within the mainstream of acceptability. Instead, time would be better spent working on disability rights legislation that is less open to judicial interpretation.

Bound and Gagged?

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Yesterday evening, a terrible story broke: a white 18-year-old, described as “having mental health challenges,” was kidnapped in a stolen van by four African-American young people and tortured. The victim was sworn at (“fuck white people” and “fuck Donald Trump”), physically assaulted until he bled, and forced to drink toilet water over a period between 24 and 48 hours. It’s difficult to imagine, but for the actual footage the assailants broadcasted on Facebook. Absolutely sickening.

You’d think that organized minority groups, and justice arms of the government, would come out strong against this behavior. After all, these are the entities that clamor for hate crimes legislation and are supporting one another on the eve of Trump’s assuming office. I expected to go on my own Facebook account and see my liberal friends sharing the story, condemning the unjustifiable behavior of the assailants that demonstrably victimized someone on the basis of his disability and his race. To date, only one of my 900+ Facebook  friends registered as a Democrat has expressed disgust at the story.

Okay, I reasoned. My friend who posted the story is a fellow disability rights attorney. Maybe people simply haven’t heard about the victim and his torture. Not so. I believe they simply fail to see the depravity in the actions. Why? CNN host Don Lemon plainly stated – and then repeated – “I don’t think it’s evil.” Police Commander Kevin Duffin stated, “Kids make stupid mistakes.”

So… Because the perpetrators hated Trump, like their liberal comrades, taking a disabled man, binding and gagging him, and torturing him for hours upon hours, their actions might be justified? Or, at least, understandable? Fathomable? Logical? This boggles my mind!

Speak out, liberal friends. Unlike this tragic victim, you’ve not been bound and gagged – use your voice and condemn this violence!

EEOC’s New Affirmative Action Rule

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Today the Equal Employment Opportunity Commission (EEOC) published its final rule on Affirmative Action for Individuals with Disabilities in Federal Employment. It becomes effective 60 days from publication, and its provisions are applicable beginning January 3, 2018. Indeed, federal employees with disabilities – and federal job seekers with disabilities – have some great things to look forward to!

Most importantly, the rule adds two significant requirements to the administration of the Rehabilitation Act. First, those federal employees with targeted disabilities requiring personal assistance (PA) services for work and work-related travel can receive them from their employing agency as a reasonable accommodation. This is huge! People with significant mobility disabilities may now be able to use the restroom at work, eat lunch, and have someone put their coat on before they leave for the day. Importantly, the EEOC expects federal agencies to even provide PA services outside of the agency’s infrastructure for those individuals telecommuting.

I would feel a bit strange about my employer being involved in my toileting routine. Fortunately, the EEOC specifically notes that when hiring a PA service provider, the agency shall “give primary consideration to the individual’s preferences to the extent permitted by law.” This means, for example, that if a female employee with a targeted disability only feels comfortable with the assistance of another female, the agency must consider this request. I am grateful to those submitting comments to the EEOC regarding the intimacy of the relationship between a PA service provider and the recipient of those services.

Second, the EEOC is requiring federal agencies to take specifically-designated steps toward hiring more people with disabilities, and particularly those with severe disabilities. (It should be noted that the EEOC specifically refrained from using the word “severe,” after a commentor indicated the lack of political correctness. You’ll get no political correctness from this crip; consider my succinctness a reasonable accommodation for exhausted vocal muscles.) Specifically, the final rule mandates that the following steps be taken to increase the hiring advancement of those with disabilities:

  • Programs and resources should be used to identify applicants with disabilities;
  • Contracting with disability organizations, including vocational rehabilitation programs, centers for independent living, and employment networks;
  • Ensured availability of sufficient personnel to answer disability-related questions;
  • Creating a plan of action to ensure that disable employees have opportunities for advancement, including information about training opportunities and/or a mentoring program;
  • Inclusion of disability within the agency’s anti-harassment policy and training materials;
  • Adoption of easy-to-understand and easily-available reasonable accommodation policies and rights to accessible technology;
  • Guarantee that the agency evaluate its entire budget when determining whether a reasonable accommodation would constitute an undue hardship; and
  • Provide applicants or employees with a written notice (in an accessible format) of why a reasonable accommodation was denied, along with instructions on how to file a discrimination complaint and appeal.

How’s that for being a model employer?! Any guesses on when we can expect the private sector to get on board?