DEAF WORKERS OF ORANGE COUNTY PROJECT -- DEAF WORKERS WEEKLY BULLETIN -- January 9, 1999 Greetings, I have been told by a local listmember that CAD and GLAD will be staging a "town hall" meeting tonight at the Cypress GLAD office. I feel that it is very improper for 2 Deaf organizations known for their difficulties in providing advocacy and support services to stage a theatrical and photo-opportunistic event to produce the guise or the impressions of sound advocacy organizations. If they really want to create impressions of advocacy, then they better do some serious advocating of our rights instead of committing resources to continue their obsessions with image. Last Thursday night at the Democrats North Orange County general meeting, I was presented with a framed certificate of appreciation for my service to the organization as the Disability Committee chairperson. Larry Trullinger, the man who appointed me in this position has been re-elected for another two year term and to me this means 2 more years of service to the disability community as chairperson of the Disability committee. I am pleased to let you know that Orange County Deaf Advocacy Center now has 22 clients, including a restaurant as one of them, and is playing strong roles in people's needs for advocacy. We also have successfully formed an outreach committee in the San Diego area and is being headed by George T. Sierra, a Gallaudet graduate, and presently a teacher of Deaf children in East San Diego County. Just to let you know I will soon have some serious medical attention and again there will be another pause in my advocacy and the mailings. Richard Roehm ---- DEAF EXPO '98 RAISES OVER $1,000 FOR ASL RANCH PROJECT NORTH HOLLYWOOD, CA--(9 December 1998)- One hundred and forty three people donated a total of $1,089 to the ASL RANCH PROJECT during Deaf Expo '98 held at the Ontario Convention Center in Ontario, CA over the weekend of November 13-15, 1998. This marks the second fundraising event for the ASL RANCH PROJECT held during 1998 by EF Training Center, Inc. (EFTC), a non-profit 501(c)(3) parent organization of DEAF EXPOÔ, the country's largest consumer trade show targeted at the Deaf and hard of hearing market. This brings the total raised to date to $7,707.09. A total of $50,000 needs to be raised as the first step towards the $2 million needed for property purchase and required modifications. Annual Year-End Mailing Anna Petrillo and Russ Bye coordinated the ASL Ranch exhibit at DEAF EXPO '98 which included showings of a video. Narrator Jeff Lubman explained on the video that a large portion of DEAF EXPO revenues from sponsorship, exhibit and ticket sales are spent on temporarily modifying public facilities and hiring subcontractors to ensure that each show, conference or convention is compatible with the needs of Deaf and hard of hearing patrons. It would be more cost effective if such revenues went towards a self-appreciating asset that belongs to the community. The ASL Ranch project now has seven Donor Clubs and each donor is automatically upgraded to the next Donor Club when the total amount of the donor's contributions made to date exceeds certain contribution levels. These Donor Clubs are First Step Donors Club, $5+ Booster Club, Rope Club, Wood Club, Brick Club, Rock Club and the Gold Club. An updated list of donors is printed at intervals in EFTC's national bi-monthly publication DEAF USA, listed year-round on their web site at http://www.DEAFEXPO.ORG and shown during each DEAF EXPO show. All contributions to the ASL Ranch are directed to a specific account that has been established for this purpose. All donations are tax-deductible under federal regulations governing 501(c)(3) non-profit organizations. Information is also available on alternative ways of supporting the ASL Ranch project i.e. donating stocks at your cost basis but potentially receiving a tax deduction at its higher current market value; naming the ASL RANCH PROJECT as the beneficiary of a bequest through your will; purchasing an insurance policy naming the ASL RANCH PROJECT as the beneficiary; leaving instructions that upon your death, donations be made to the ASL Ranch Project; making a donation in memory of a deceased person, or in honor of a birthday, anniversary or celebration. Our year-end fundraising campaign is currently underway. Contributions should be mailed to 'ASL RANCH PROJECT', 7712 Lankershim Blvd., North Hollywood, CA 91605-2815. Upon receiving your donation, we will mail you an Acknowledgement of Donation. ---- RONALD CHISOLM SETTLES CASE AGAINST POST OFFICE FOR FAILURE TO PROVIDE INTERPRETERS In the case of Ronald Chisolm v. Henderson, Postmaster General, the Post Office has entered into a public consent order agreeing to utilize certain protocol to ensure that reasonable accommodation will be provided to future deaf employees under the Rehabilitation Act of 1973. While employed in his postal office job, Ronald Chisolm who is deaf and communicates primarily in American Sign Language was denied an interpreter on numerous occasions for frequent safety meetings. Despite repeated requests by not only Ronald Chisolm, but several other deaf employees, the post office still failed to accommodate their disability. Mr. Chisolm continually requested interpreters to aid him in effective communication while performing his job. Ronald Chisolm also alleged he was denied the position of Safety Captain without an explanation. This discriminatory treatment was ongoing and in violation of his Civil Rights. Training and policy changes to implement the consent order which will become part of the Post Office?s administrative policy are also required as part of the order. The order will be entered as a judgment against the Post Office; therefore failure to comply with the order by the Post Office in the future will subject the Post Office to court contempt charges. Ronald Chisolm and Ms. Smit are extremely pleased and excited with the settlement and hope to see major changes in the Post Office and those across the country, in their policies and practices, as more and more of these cases are brought. Although the ADA and the Rehabilitation Act, specifically require that an employer provide reasonable accommodation, such as interpreters to the deaf, it is only recently that deaf people have begun to feel empowered to start bringing these lawsuits. Communication difficulties in the past created extremely limited access to the legal community and the courts in general for deaf individuals. Thus, Clara R. Smit, who is fluent in American Sign Language and whose parents are deaf, is the first attorney in New Jersey to bring these type of suits. Ms. Smit has already settled one case against the Post Office for discriminatory treatment and has another case pending. ---- YAHOO.COM CARRIES SOME NEWS ON DEAFNESS December 18,1998 Labor Dispute Intensifies In Salem - (SALEM) -- Union teachers at Oregon's schools for the deaf and blind have authorized a strike. The 45 teachers claim they make less than teachers of the deaf and blind in the nearby Salem-Keizer (KYE-zur) School District. The state Department of Education has been trying to come to terms on a new contract with teachers since June. But the situation went from bad to worse last month and a mediation session this week soured after 12 hours. December 21, 1998 Deaf Man Thwarts Robbery - (FORT MYERS) -- Fort Myers police are looking for a would-be robber who was thwarted by a gas station customer. They say the robber pointed a gun at the clerk's head... but was promptly attacked from behind by one of the station's regular customers. The gunman took off without hurting anybody. The hero's name isn't being revealed, but police say he's deaf and does NOT speak... but he wrote down his version of the events for investigating officers. December 21, 1998 Regents Approve Faculty Raise - (PIERRE) -- The South Dakota Board of Regents has approved distribution of faculty salary increases for the coming fiscal year. Those who teach at the public colleges and universities in the state will get raises, as well as faculty members at the School for the Deaf and Blind. ---- LOUISIANA ATTORNEY GENERAL WARNS OF PYRAMID SCHEME THAT TARGET DEAF State of Louisiana Attorney General Richard P. Ieyoub Contact: Denise Boucher or Pam Laborde (504) 339-5136 www.laag.com AG Warns Consumers Of Foreign Pyramid Scheme Promoters Seem To Be Targeting The Hearing Impaired December 29, 1998 (Baton Rouge) Attorney General Richard Ieyoub issued a warning to Louisiana consumers regarding what seems to be a pyramid scheme aimed at their pocketbooks. This self-proclaimed "international program of wealth redistribution" apparently has its sights set on deaf consumers, among others. The promoters of the Pentagono system claim a person can make a total of $116,640 with a payment of only $120. That investment entitles the consumer to three certificates, which puts him on the bottom "level" of the scheme. The only way to move up is to find three "friends" to buy the certificates, which they turn around and sell and so on. "Despite claims to the contrary, the Pentagono system seems like a classic pyramid scheme," Attorney General Ieyoub said. "People pay money, not to purchase a product, but simply for the un guaranteed right to receive money from other participants, whom they must actually recruit." Pentagono literature would have consumers believe that once they reach the top, they can take their money and run. In reality, pyramid schemes can't work because they require an infinite number of people to keep money circulating. The people who gets into such scheme early are the only ones who make any money. People on the bottom "levels" lose money when there are no more recruits. "Another characteristic of pyramid scheme is that it targets closely knit groups and encourage participants to bring in friends and relatives, which explains the recent complaints to our office from hearing impaired individuals," Ieyoub added. The literature does not specifically single out hearing impaired individuals, but the Attorney General's Consumer Protection Section believes Pentagono is trying to recruit many deaf people and families, based on the number of inquiries and complaints the office has received. Pentagono promoters also use lots of psychology in their pitch. They anticipate suspicious questions about legalities and contrive clever explanations, even going as far as claiming the financial rewards are not subject to taxes. Pentagono also boasts of being registered with the Italian government's Chamber of Commerce. Trying to stop foreign schemes such as this from operating in the United States is virtually impossible. There is no recourse for consumers why buy into these types of ventures. Consumers are urged to avoid this or other similar sounding so-called "opportunities." For more information on pyramid schemes or to file a complaint, call the Louisiana Attorney Genera's Consumer Hotline at 800-351-4889. - End - Source : USA-L News ---- MAN'S DISABILITY NOT CONSIDERED IN THIS ADA CASE Mondzelewski v. Pathmark Stores (3rd Cir 12/23/98) In this ADA case the District Court held that Mondzelewski was not disabled because he was not substantially limited in the major life activity of work, and could not bring a retaliation claim because he was not disabled; the 3rd Circuit reversed. (1) The District Court reasoned that Mondzelewski's "employability problems" were due to a combination of limited skills, limited education, advanced age, and his disability, and that the first three had greater impact than the last. The 3rd Circuit, applying EEOC regulations, pointed out that when the major life activity under analysis is WORK, then the court must compare the plaintiff to the "average person having comparable training, skills and abilities" and not to the average person in the general population. (2) In analyzing Mondzelewski's retaliation claim, the District Court suggested that a non-disabled person can bring a retaliation claim only if he (a) filed a formal ADA complaint or (b) suffered a more severe form of retaliation than otherwise would be required. The 3rd Circuit rejected this reasoning, and found that a change in Mondzelewski's shift could alter the terms, conditions, or privileges of employment even though the shift change did not create a "severe hardship." FLSA does not cover apartment manager. ---- GREG SMITH HOSTS NEW VIDEO ENTITLED "SUPERVISING AN EMPLOYEE WITH A DISABILITY." Produced by Irene Ward & Associates, "Supervising an Employee with a Disability" is intended to provide a realistic look at issues and solutions in the workplace, with actual employers, supervisors, and employees with disabilities sharing their experiences and taking us step by step through orientation, training, and ongoing supervision. For more information, visit http://www.ireneward.com ---- COUNCIL OF PARENT ATTORNEYS AND ADVOCATES CONFERENCE On A Roll host Greg Smith will deliver the keynote address at the Council of Parent Attorneys and Advocates (COPAA) Annual Conference in San Diego, California, on January 29-31, 1999, at the DoubleTree Hotel/Mission Valley. The Council of Parent Attorneys and Advocates (COPAA) is an independent, grassroots initiative to improve educational opportunities for children with disabilities. COPAA members consist of attorneys who represent children with disabilities, non-attorney advocates, and parents of children with disabilities; participation is not available to persons employed by schools or attorneys representing them. COPAA is focusing on improving the quality and quantity of legal resources and information available to parents of children with disabilities. Complete information about COPAA and the 2nd Conference is available at COPAA's website: http://www.copaa.net. ---- NEZ'S CYBER MALL SUPPORTS THE DEAF COMMUNITY Nez's Cyber Mall is a fundraiser project that will help support the newly created Orange County Deaf Advocacy Center. This mall has been designed with accessibility in mind. All commissions generated by sales activity within this mall will be used to support the Orange County Deaf Advocacy Center. Nez's Cyber Mall can be found at: Http://www.i-sphere.com/eyedeaf/deafmall.htm ---- ONE YEAR LEAVE FOR ACOHOLISM TREATMENT IS REASONABLE ACCOMMODATION Holmes v. Willamette University (Oregon Ct App 12/23/98) http://www.publications.ojd.state.or.us/A95864.htm Holmes, a law professor, sued the university claiming (1) failure to reasonably accommodate his alcoholism under the state anti-discrimination statute and (2) breach of his employment contract. The trial court granted summary judgment for the university; the Oregon Court of Appeals (en banc) reversed on the discrimination claim and affirmed on the contract claim. (1) Pursuant to a last chance agreement, Holmes entered a local treatment facility. After leaving the facility briefly, and having a relapse, the facility's medical director said he was still treatable but needed to be transferred to an out of state facility. Holmes' evidence was that the university told him he was discharged from employment, Holmes then requested a one year unpaid leave to pursue treatment, and the request was denied. Holmes later submitted a resignation letter. The court held (3-2) that there was sufficient evidence for a jury to find that there was a constructive discharge prior to the resignation, and that the request for a one year unpaid leave for alcoholism treatment was reasonable. The DISSENT argued that the university had done all that was required under the state statute on reasonable accommodation. (2) The court held (unanimously) that the resignation was decisive on the contract claim. A constructive discharge theory cannot be applied because Holmes was given the alternative of resigning or having the contractual termination provisions invoked; threatening to invoke the contract cannot be a breach of contract. ---- ADA AND FMLA TRIALS YIELD DIFFERENT RESULTS FOR SICK LEAVE CASE Watkins v. J & S Oil (1st Cir 12/30/98) Watkins, a gas station manager, sued under the ADA and FMLA because he had been replaced while on leave for heart surgery. The District Court granted summary judgment for the employer on the ADA claim, and a jury found for Watkins on the FMLA claim; the 1st Circuit affirmed. Watkins went on leave, pursuant to the FMLA, for heart surgery. After the surgery, the employer informed him he had been replaced in his position as station manager. Watkins asked the employer what it expected him to do, and the employer raised the possibility of an office job or a gas attendant job, but the employer never actually offered these jobs to Watkins. (1) The employer's main argument on the FMLA claim was that Watkins never reported back to work in person following his leave. The court held that there is no per se rule that the employee must "show up on the employer's doorstep." In this case it was clear that the employer and Watkins were in contact with each other at the end of the leave period. Therefore, it was appropriate for the jury to find that the employer violated its FMLA duty to restore Watkins to an equivalent position. (2) Watkins argued that the employer failed to reasonably accommodate his disability by refusing to hold open his station manager position until he returned from leave. The court found that this request to keep his job open for an indefinite amount of time was unreasonable. ---- PRESIDENT CLINTON ANNOUNCES LONG TERM CARE INITIATIVE Today, President Clinton is unveiling an historic new initiative to support Americans with long-term care needs and the millions of family members who care for them. This four-part, $6.2 billion (over five years) initiative takes important steps to address complex long-term care needs through: (1) an unprecedented $1,000 tax credit that compensates for formal or informal costs of Americans with long-term care needs or the family caregivers who support them; (2) a new National Family Caregivers Support Program that provides a range of critical services for caregivers such as respite care, information, and referral; (3) a national campaign to educate Medicare beneficiaries about the programs' limited coverage and how best to evaluate long-term care options; and (4) a proposal to have the Office of Personnel Management (OPM) serve as a model employer by offering quality private long-term care insurance to Federal employees. Although most people with long-term care needs are elderly, a large and growing number of non-elderly Americans have chronic illnesses or disabilities and would benefit from these policies. About two million non-elderly Americans have significant limitations due to illness or disability and live in the community. The number of children with disabilities has been rising. Long-term care, provided in the most appropriate, integrated setting, can help children grow to their full potential and enable adults to live independently. * $1,000 tax credit for people with long-term care needs or their family caregivers. This new tax credit would target people of all ages with three or more limitations in activities of daily living (ADL) or severe cognitive impairments. It recognizes the diverse needs of people with disabilities and their families, compensating for the wide range of formal and informal costs of long-term care, such as personal assistance services, respite care, and reduced hours at work for the caregiver. An estimated 500,000 non-elderly adults and 250,000 children or their family caregivers would benefit from this credit. * National campaign to educate Medicare beneficiaries about long-term care options. Nearly 60 percent of Medicare beneficiaries are unaware that Medicare does not cover most long term care. This $10 million nationwide campaign would provide all 39 million Medicare beneficiaries --including the 5 million beneficiaries with disabilities --with critical information about long-term care options including: what long-term care Medicare does and does not cover; how to find out about Medicaid long-term care coverage; what to look for in a quality private long term care policy; and how to access information about home and community based care services that best fit beneficiaries need. * Offering quality private long-term care insurance to Federal employees. This proposal allows the Federal government as the nation's largest employer to use its market leverage and set a national example by offering quality private long-term care insurance to all Federal employees, retirees, and their families. About 100,000 Federal employees with some type of disability and another 27,000 employees with severe disabilities would be eligible. These proposals represent the President's ongoing commitment to promoting community-based long-term care, as demonstrated by his approval of over 300 Medicaid home and community-based waivers, proposal to eliminate the need for such waivers, and other administrative actions. Fred Fay Chair, Justice For All jfa@mailbot.com HTTP://www.mailbot.com/justice ------------------------ Letters from readers : My university's International Relations coordinator has informed me that the CIA was not hiring for the past several years due to budget cuts. Now, the CIA has gotten a lot more money, they have opened several new departments, and they are ACTIVELY recruiting employees, with a special preference for getting disabled and minority student interns, student workers, and regular employees! Spread this information to anyone you know who might be interested. YES, the CIA DOES PROVIDE INTERPRETERS! And they are the most QUALIFIED interpreters, as required under the ADA, and they do NOT need to be "certified" by some voluntary group if they meet YOUR needs as a CIA intern or employee -- click on the web reference below for information and proof that the CIA really DOES provide accommodations for deaf student interns and deaf employees! (Click on the word "interpreters" in the job list). The CIA also provides accommodations for blind people, and people who are physically disabled, too, including large-print and braille conversion software for their computer monitors, and much more. If you are a college student, click on the page below, then click on "college students" on the webpage you will get (it is in the middle of the right side). The CIA also offers scholarships, too, for undergraduate students! Here is a great opportunity for deaf students and deaf professionals to have a good, stable job, with all of the benefits of government service, AND with all of the accommodations required by law. It is good to know that deaf people, who have the required educational credentials, English fluency level, and skills, are now TRULY equal in the employment setting, all over the USA, because of the ADA law. http://www.odci.gov/cia/employment/posframe.htm Paulette Caswell ---------------- Do you have any recommendations for Web sites to buy gifts (education, entertainment or both) for deaf children? Please reply with any suggestions. Thank you for your support. Glen Kushner glenk@ix.netcom.com 415 242-0904 --------------------- My 34 year old cousin who was determined to be a viable recipient for the cochlear implant was recently scheduled to have this operation performed. However, on the day prior to the surgery, the insurance company (Blue Cross/Blue Shield) denied coverage for the operation. This, of course, was very disappointing to all of us who have known Jeff since his birth and were looking forward to his ability to finally "hear" his children's and mother's voices for the first time in his life. It was, I am sure, twice as disappointing for Jeff. While I am not sure where to turn at this point, I would like to help him in any way I can. I thought perhaps you could steer me in the right direction with regard to appealing the decision, grants, or any person who might help Jeff. I thank you for your time in reading this mail and would greatly appreciate any suggestions you might have. Terri Wright terriwright@email.msn.com ============================================================== DEAF WORKERS OF ORANGE COUNTY Orange County, California Richard Roehm President Internet : Deaf@activist.com Deaf_Workers_OC@usa.net Website Nesmuth@worldnet.att.net Http://www.i-sphere.com/eyedeaf/dwoc.htm =============================================================== Circulation Information Direct Email subscribers : 54 Indirect Email Subscribers : 33 Feel free to redistribute this newsletter in it's entirety and if you are planning to add a mailing list as a subscriber then let me know for my records. Thank you. =============================================================== Deaf Workers of Orange County will continue to aggressively pursue justice, fairness, and equality for the Deaf Community. =============================================================== Education is the best gift that lasts a lifetime! 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