n Supreme Court Decision — Page 2
Inside Summer Events — p. 7
Volume 10, Number 7
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SOURCES
July 10, 1999
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Happy 9th Anniversary, Americans with Disabilities Act!
RESOURCES
July 10, 1999
GOING TO WORK Minnesota Leads The Way With New Work Incentive Option by Charlie Smith, Editor
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Cemetery dedication at former Faribault RTC. See story on page 3.
Supreme Court
Decisions Limit Scope OF ADA by Jeff Nygaard
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n three separate rulings issued on June 22 nd, the United States Supreme Court significantly diminished the effectiveness of the landmark civil-rights legislation known as the Americans With Disabilities Act (ADA).
Civil rights workers and advocates for people with disabilities, however, saw the rulings as evidence that a majority of the justices “simply do not understand the ADA’s intent or meaning.” Three similar cases
The Court ruled that people who have physical impairments that are correctable, for example by taking medication or by wearing glasses, cannot be considered “disabled” and therefore are not eligible for protection under the ADA. The rulings were hailed by the Chamber of Commerce and other employers’ groups, which claimed that the Court’s ruling would avoid “a huge growth” in the number of lawsuits filed under the ADA.
The three cases were decided on similar grounds, that of having to “prove a disability” in order to qualify for protection under the ADA. A full understanding requires that the particulars of each case be examined. In the first case, ALBERTSONS, INC. vs. KIRKINGBURG, a man with impaired vision in one eye was hired in 1990 as a truck driver after a doctor erroneously certified
that his vision met Department of Transportation (DOT) standards for the job. In the words of the official syllabus of the Supreme Court, “When his vision was correctly assessed at a 1992 physical, he was told that he had to get a waiver of the DOT standards under a waiver program begun that year. Albertsons, however, fired him for failing to meet the basic DOT vision standards and refused to rehire him after he received a waiver.” The Court maintained in this case that, since the man could not prove that the “limitation on a major life activity caused by his impairment is substantial,” he is not technically “disabled” and therefore can-
Court - cont. on p. 4
n July 1, 1999, Minnesotans with disabilities who are on Medical Assistance (MA) will be able to go to work without the fear of losing their health care. Again our state is leading the way. There are only a few other states in the country that have the progressive benefits for people with disabilities that we have here. On July 26th, we will celebrate the ninth anniversary of the historic passage of the Americans with Disabilities Act (ADA) and now, with the passage of our state’s work incentives bill, Minnesotans can celebrate another historic milestone. Advocates have been working hard for at least five years to get this legislation passed. All of the hard work paid off this year. It appears that the time was right: extremely low unemployment, a national work incentives bill in Congress, and a slow but persistent educating of our legislators. This year, for a change, we had the united support of the Senate, the House of Representatives, the Department of Human Services, the Department of Economic Security, and the Governor. It all came together to pass a bill that will change the lives of many people with disabilities. At a press conference held at the St. Paul Midway Work Force Center on June 28th, 1999, disability advocates joined together with Michael O’Keefe, Commissionor of the Department of Human Services, Earl Wilson, Commissionor of the Department of Economic Security, and the
sponsors of the legislation, Senator Linda Berglin and Representative Kevin Goodno. Jeff Bangsberg, spokesperson for disability advocates, referenced the Americans With Disabilities Act (ADA), saying, “It is no exaggeration to say that the MA work incentive option legislation is just as important to people with severe disabilities as the ADA,” said Bangsberg. He continued, “It is important to remember that many people with severe disabilities do want to go to work, or return to work, and this legislation is key to that effort.” When Commissionor Wilson addressed the group he said, “This is a win-win situation. People with disabilities will be able to go to work and employers will benefit.” Kathy Rathcke spoke as a person who will benefit from this new law. She was a math teacher before becoming a quadriplegic. Due to her need for personal care attendant (PCA) services, which her insurance did not cover, she was unable to teach. Under this new law her hope for a return to teaching can become a reality. She stated, “My goal for life now, simply put: live the American Dream. I want to work, and give back to my community as best I can. I think being a teacher does that. Also, I want to buy a house. I want to plan for retirement and now I can.” Charles Van Heuvelin, a person with cerebral palsy, was
also there to tell his story. Van Heuvelin was hired by the St. Paul Public Schools as Educational Assistant in the Special Education Department in 1993. He has continued in that position and is currently earning $25,000 a year. But, due to his need for PCAs he has had to return 90% of his net income to the state in the form of a spenddown. When asked what he thought of the new law, Van Heuvelin said, “It is a dream come true! I was ready to quit my job; I was going in the hole each month.” He added, “This means that the students I advise in my job will not have to live in poverty. They can now look forward to a brighter future.” The new MA option will enable approximately 1,000 to 1,200 people a year, already eligible for Medical Assistance, to keep their MA benefits even if their income and assets increase with work. Individuals will be able to buy into the program by paying a premium on any income above $16,476 per year (or $1,373 per month). Income less than $16,476 will not have a premium. Individuals can apply for the new MA work incentive option by contacting their county financial worker. On page 8, we are printing a message from Michael O’Keefe, Commissionor of the Department of Human Services (DHS), and an article detailing the eligibility requirements for the new Medical Assistance work incentive bill provided to us by DHS.