Latest news with #RehabilitationActof1973
Chicago Tribune
7 days ago
- Business
- Chicago Tribune
Federal appeals court affirms Highland's refusal to OK drug treatment center
The Town of Highland won't be getting a drug treatment center after the company that wanted to establish it lost its final appeal. The United States Court of Appeals for the Seventh District in a decision filed August 1 ruled in favor of the town after Fishers-based Chosen Consulting LLC alleged Highland 'discriminated against patients with addiction-related ailments by refusing to provide a letter stating that Chosen's proposed use of its property complies with local zoning requirements.' The group claimed the action violated the Americans with Disabilities Act and Rehabilitation Act of 1973 and sought $9 million in damages, Town Attorney John Reed said. Chosen bought the former Highland Nursing and Rehabilitation Center, 9630 5th Ave., in April 2019 and met with Building Commissioner Ken Mika that July to present plans for an in-patient drug rehabilitation facility, the Post-Tribune previously reported. The property on which the building resides is currently zoned R-1 residential, Mika said at the time, but the nursing home had been grandfathered in. To run a drug rehab, Chosen needed a letter from the Town stating that Chosen's proposed use of the property satisfies local zoning requirements to present to the Indiana Family and Social Services Administration to get a new license, according to court documents. Mika and then Councilman Mark Herak, D-2, told the representative it would have to first get a use variance from the Board of Zoning Appeals, which had the authority to grant a 'favorable' or 'unfavorable' recommendation; the town would then have to approve the BZA's recommendation. Chosen, according to the decision, never went before the BZA to get the variance, but in the fall of 2019 requested the Town send the letter 'affirming that its proposed use conformed with the property's alleged 'existing legal nonconforming use' under Ordinance No. 645.' The Town didn't issue the requested letter, and in March 2020, Mika and Herak met with Chosen representative Melissa Durkin and reiterated that Chosen would have to seek a use variance. Chosen still didn't, according to the decision, so in May of 2020, Reed emailed a draft letter to Chosen explaining that it shouldn't count on ever receiving the FSSA letter because the council didn't give him approval to send it, the decision said. Reed's draft also said that 'in the Town's opinion, 'the proposed use as a residential addiction treatment facility is permitted as a legal non-conforming use,' but no formal letter was ever issued.' The following month, Durkin emailed Herak to have all call to talk about 'where they were in the process,' to which Herak said 'there was nothing on the BZA's docket, and that '[t]he town attorney did say he didn't think it was a protected class and a drug rehab doesn't fall under nursing care,' nor was he aware 'of any letter, either … being drafted or agreed to,'' the decision reads. Additionally, then-Town Council President Mark Schocke, R-3 — whose wife taught at a school near the property, was 'opposed to the idea' and 'had 'brow beate[n] the town attorney and he's changed his opinion.'' Chosen in June 2020 filed action requesting a declaratory judgment regarding proper zoning, including declarations that '[t]he Property is properly zoned and may continue to operate as a legal nonconforming use' and that Chosen is 'entitled to obtain the requested documentation of its legal nonconforming use,' the decision reads. The district court granted judgment on the pleadings on this count, reasoning that it did not have jurisdiction because Chosen had not obtained a final decision from the local zoning authorities. The complaint also alleged that 'the Town has discriminated against disabled individuals by failing to provide the requested letter in violation of Title II of the ADA and Section 504 of the Rehabilitation Act' and requested compensatory and equitable relief, including the entry of a permanent injunction ordering the Town 'to stop obstructing [Chosen's] access to the Property for purposes of serving patients as a certified sub-acute facility and compelling issuance of the requested letter and [a] declaration that the proposed use of the Property as a sub-acute facility meets all zoning requirements,' the decision said. The Town later filed a motion for summary judgment on this count, which the district court granted because 'Chosen was required to exhaust its available remedies under local and state law before pursuing injunctive relief related to a local zoning process.' 'Until Chosen has properly pursued the Town's approval and the Town has decided whether it will permit Chosen's proposed use, this dispute is not ripe (for adjudication),' the decision said. Reed said that the suit was a 'very long and expensive road of litigation' and was glad to see Highland prevail, though he disagrees with Chosen's version of the situation. 'While the Town is thrilled by the decision and grateful to the District and 7th Circuit Courts to be vindicated, we are equally disappointed at being accused of discriminatory behavior when nothing could've been further from the truth,' Reed said.
MTV Lebanon
12-06-2025
- Politics
- MTV Lebanon
12 Jun 2025 20:44 PM US Supreme Court bolsters school disability protections
The U.S. Supreme Court sided on Thursday with a severely epileptic girl who is pursuing a disability discrimination lawsuit against a Minnesota public school district in a ruling that bolsters protections for students with disabilities in American schools. The 9-0 ruling threw out a lower court's decision that the Osseo Area Schools district had not discriminated against student Ava Tharpe in violation of two federal disability rights laws, as a lawsuit brought by her parents argued. Chief Justice John Roberts, who authored the ruling, wrote that the St. Louis-based 8th U.S. Circuit Court of Appeals erred by requiring students to satisfy a heightened legal standard for disability discrimination claims against schools than is typically required in other contexts. Federal appeals courts had been divided on whether disability discrimination claims arising in school settings require a heightened legal standard, meaning the stricter requirement had applied in some parts of the country but not others. The Supreme Court ruling harmonizes the standard nationally. Claims brought under the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973 that are "based on educational services should be subject to the same standards that apply in other disability discrimination contexts," Roberts wrote. Roberts added that nothing in the relevant text of those laws suggests that "such claims should be subject to a distinct, more demanding analysis." Roman Martinez, a lawyer for Tharpe, called the ruling "a great win for Ava, and for children with disabilities facing discrimination in schools across the country." "We are grateful to the Supreme Court for its decision holding that these children should enjoy the same rights and protections as all other Americans with disabilities," Martinez said, adding that ruling would "protect the reasonable accommodations needed to ensure equal opportunity for all." Tharpe suffers from severe epilepsy that prevents her from attending school before noon due to morning seizures but permits her to engage in school work after that until about 6 p.m. At issue in the case was whether the legal standard applied by the 8th Circuit in rejecting Tharpe's discrimination claims was overly strict, and if a less stringent standard should have applied. When Tharpe and her family lived in Kentucky, her public school district tailored an education plan to her disability that included supplemental evening instruction at home, providing her with the same amount of school time as her peers. In 2015, her family moved to Minnesota, and Tharpe began attending the public schools in the Osseo Area Schools district in the suburbs of Minneapolis. For years, the district refused to accommodate a request by her parents that she receive evening instruction, leading Tharpe to receive fewer hours of education per day compared to her peers, according to court papers. Tharpe and her parents in 2021 filed a federal lawsuit accusing the Osseo district of discrimination under two federal disability laws. The lawsuit sought an accommodation from the district giving the girl the equivalent of a full school day, as well as monetary damages. U.S. District Judge Michael Davis in Minneapolis in 2023 ordered the school district to extend Tharpe's instructional day until 6 p.m. and to provide compensatory hours of instruction. But the judge rejected Tharpe's discrimination claims, ruling that her parents had failed to show that the school district satisfied a heightened legal standard of "bad faith or gross misjudgment." The 8th Circuit upheld the judge's ruling, prompting Tharpe and her parents to appeal her disability discrimination claims to the Supreme Court.
USA Today
12-06-2025
- Politics
- USA Today
Supreme Court sides with teen with epilepsy in disability discrimination case
Supreme Court sides with teen with epilepsy in disability discrimination case At issue: a student was receiving only about 4 hours of instruction a day, less than her nondisabled peers, because of a lack of accommodation for her disability. Show Caption Hide Caption Supreme Court hears arguments on judges' block on Trump birthright EO The justices heard arguments on whether its ok for judges to universally block President Donald Trump's birthright citizenship executive order. WASHINGTON − The Supreme Court on June 12 unanimously sided with a disabled student trying to sue her school for not doing enough to accommodate her rare form of epilepsy, a decision that could make it easier for families to seek damages under the Americans with Disabilities Act. The justices said a lower court used the wrong standard when rejecting the discrimination lawsuit. The case, A.J.T. v. Osseo Area Schools, was being closely watched by disability rights groups who say the courts have created a 'nearly insurmountable barrier' for help sought by schoolchildren and their families. But school officials across the country worry that making lawsuits easier to win will create a more adversarial relationship between parents and schools in the difficult negotiations needed to balance a student's needs with a school's limited resources. Seizures prevent attending school before noon In this case, Gina and Aaron Tharpe said they spent years asking Osseo Area School District to accommodate their daughter's severe cognitive impairment and rare form of epilepsy called Lennox-Gastaut Syndrome. Her seizures are so frequent in the morning that she can't attend school before noon. A previous school in Tennessee shifted Ava's school day so it started in the afternoon and ended with evening instruction at home. But the Tharpes say her Minnesota school system, where she is currently enrolled, refused to provide the same adjustment. As a result, she received only 4.25 hours of instruction a day, about two-thirds of what nondisabled students received. Judge says school didn't do enough A local judge said in 2021 the school district's top concern hadn't been Ava's needs; instead, they were concerned with a desire to keep employees from having to work past the traditional end of the school day. The district was required to provide more instruction under the Individuals with Disabilities Education Act. But while a federal judge backed that decision, the court said the Tharpes couldn't also use the Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973 to seek compensatory damages and court order to permanently set the hours of instruction. Section 504 is the law that started school-based ''504 plans'', a central tool for providing accommodations to students with disabilities. More: For students with disabilities, what's the difference between IEPs and 504 plans? The St. Louis-based 8th U.S. Circuit Court of Appeals likewise said their hands were tied because of a 1982 circuit decision – Monahan v. Nebraska − that said school officials need to have acted with 'bad faith or gross misjudgment' for suits involving educational services for children with disabilities. The Tharpes 'may have established a genuine dispute about whether the district was negligent or even deliberately indifferent, but under Monahan, that's just not enough,' the appeals court said. More: Will a Texas-led legal fight over gender dysphoria threaten disabled student protections? School said there was no intentional discrimination Hundreds of district court decisions across the country have been litigated under that standard, with most of them ending in a loss for the families, according to Tharpes' attorneys. Those courts were unfairly using a tougher standard than 'deliberate indifference,' which is the bar for damages in disability discrimination cases based on educational services, their attorneys argued − with the support of the Justice Department. Attorneys for the school district argued the ADA and the Rehabilitation Act prohibit only intentional discrimination, which is not what happened here. They also say the school did not show 'deliberate indifference.' Although the school declined to provide after-school support at Ava's home, officials said they offered other measures to accommodate her needs while 'effectively utilizing scarce resources shared among all students, including others with disabilities.' The court's decision revives, but does not settle, the Tharpe's lawsuit.
Forbes
11-06-2025
- Business
- Forbes
VR: Bridging The Employment Gap For Americans With Disabilities
Paul Toomey is the President of Geographic Solutions. He's an expert in labor market data, workforce development and unemployment insurance. getty Nealy one in four adults in the United States reported having a disability in 2022, according to the Centers for Disease Control. Despite representing a significant portion of the population, individuals with disabilities face disproportionate challenges in securing employment opportunities. As of April 2025, the unemployment rate for people with a disability (8.2%) was twice as high as those with no disability (3.6%), according to the Bureau of Labor Statistics (BLS). Vocational Rehabilitation (VR) programs play a crucial, yet often overlooked, role in helping individuals with disabilities overcome barriers to employment. As the American workforce continues to evolve amid technological advancements and shifting economic landscapes, VR programs can serve as an important bridge connecting skilled workers with meaningful employment opportunities. They also offer a strategic approach to expanding labor force participation while also creating pathways to economic independence for millions of Americans with disabilities. The Rehabilitation Act of 1973 and its subsequent amendments, including significant expansions through the Workforce Innovation and Opportunity Act (WIOA), established the framework for today's VR programs. These landmark legislations aim to empower individuals with disabilities to find gainful employment, become economically self-sufficient and contribute to their local communities and economies. The scope of VR services is intentionally broad to address the diverse needs of individuals with physical, cognitive or mental health disabilities. These services can include career counseling, skills training, career placement, post-employment support and workplace accommodation. However, the importance of VR extends beyond assisting individuals with disabilities in finding jobs. It plays a pivotal role in fostering a more inclusive and equitable society by helping to break down barriers that have historically excluded individuals with disabilities from the workforce. According to the BLS' latest report, only 22.2% of Americans with disabilities are currently participating in the workforce, compared to 65.6% of individuals without a disability. Bridging this gap and creating new pathways for people with disabilities not only has the potential to transform an individual's life, but can also provide significant benefits to businesses and the U.S. economy as a whole. If businesses actively participated in hiring individuals with disabilities, they would have access to a talent pool of millions of skilled, highly motivated workers. A 2023 Accenture study found that companies that actively embrace disability inclusion see nearly double the revenue and 2.6 times more net income. Researchers also found that these companies are 25% more likely to outperform in terms of productivity compared to their industry peers that don't prioritize inclusion. Additionally, studies have shown that individuals with disabilities are great problem solvers and tend to have lower absenteeism rates. They also report high job satisfaction, which can lead to lower employee turnover and higher returns on investments in training and development. The future of VR programs is being driven by technological advancements, changing societal attitudes and a deeper understanding of disability inclusion. To effectively tailor VR services to the unique needs, preferences and goals of each individual, many state agencies and businesses are exploring assistive technology and digital tools to provide greater accessibility. This includes the integration of AI into specialized software and other adaptive tools. AI-powered tools can assist with job matching, skills assessment and personalized training. AI also has the potential to streamline case management processes, enhance client services and improve employment outcomes for people with disabilities. However, human oversight is still recommended to combat potential bias. The rise of remote work opportunities has also opened new doors for individuals with disabilities, providing them with greater flexibility, accessibility and savings in commuting time and expenses. Building on the lessons learned from flexible work arrangements, state agencies have adjusted their VR services to offer training for individuals to learn digital skills, remote communication tools and effective strategies for working from home. I believe businesses can do the same. VR plays a crucial role in fostering a more inclusive and economically vibrant society and workforce. VR programs can not only empower individuals with disabilities to secure meaningful employment, but they also provide them with valuable skills, resources and support to help them achieve financial independence. These services also unlock an untapped and highly motivated talent pool for businesses. As technology and changing societal attitudes continue to reshape the employment landscape, it is crucial that we continue to invest in programs that eliminate barriers to employment, bridge the persistent employment gap and cultivate a society that acknowledges the unique potential of an individual with a disability. Forbes Business Council is the foremost growth and networking organization for business owners and leaders. Do I qualify?
Politico
02-06-2025
- Business
- Politico
Cuts and patriotism essays
With help from Lawrence Ukenye and PJI participant Diamy Wang QUICK FIX TIGHTEN THE PURSE: President Donald Trump wants the Department of Labor to do less. A lot less. Budget documents released Friday propose eliminating DOL's Women's Bureau, Office of Federal Contract Compliance Programs and Job Corps, while relocating the Bureau of Labor Statistics into the Commerce Department, as your host reported for Pro subscribers. BLS would also be put under the 'policy direction of the Under Secretary for Economic Affairs,' a change that has the potential to politicize its operations and unsettle Wall Street and others who rely on its reports. DOL would reduce headcount to roughly 10,800, down more than one quarter from the nearly 14,800 staffers at the tail end of the Biden administration. About 2,700 DOL employees are already headed out after accepting Trump's exit incentives, and DOL is trying to lay off hundreds at OFCCP. (That plan is on hold pending resolution of a lawsuit brought in California by labor unions and others.) The budget plan also proposes slashing funding at the Bureau of International Labor Affairs by close to 38 percent, while many other parts of the agency would also see less funding — including the Wage and Hour Division and Mine Safety and Health Administration — though to a much lesser degree. Both would see 10 percent reductions from their current levels. Some advocates have argued that these parts of DOL are already stretched too thin to effectively enforce federal law. For instance, WHD has just over 600 investigators to probe wage theft and child labor abuse nationwide — the fewest in more than half-century, according to a report released last week by Rutgers University and Northwestern University. One branch notably unaffected by the proposed cuts: Office of Labor-Management Standards, which imposes reporting requirements on labor unions, as well as employers that enlist anti-union consultants. OLMS' budget would stay at $49 million. 'The Budget focuses the Department on its highest priority functions and disinvests in programs that are wasteful, duplicative, unproven, non-essential, or ineffective,' the proposal states. Outside of DOL, both the National Labor Relations Board and Equal Employment Opportunity Commission are calling for less funding, though their cuts would be far smaller by comparison. The administration proposed a 4.7 percent reduction for the NLRB. The EEOC would get a nearly $20 million haircut to its $455 million funding level. Both agencies had faced furlough threats in recent years due to budget constraints. The NLRB plans to absorb the hit by reducing its headcount by nearly 100 people, mainly those who are taking advantage of the administration's deferred resignation program or early retirement offer. The EEOC's smaller budget is also notable because it would be tasked with enforcing Section 503 of the Rehabilitation Act of 1973 — which protects workers with disabilities from discrimination involving federal contractors — taking over from OFCCP. EEOC already handles other aspects of that law. Congress traditionally treats administration budget proposals merely as wish lists and draws up its own plans for the federal budget. But the Trump administration is going as far as it can — and then some, according to the Government Accountability Office— to put its vision in place unilaterally and essentially telling lawmakers to bless it retroactively, as evidenced by DOL's dismantling of OFCCP and Job Corps already underway. — Meanwhile, over at HHS: 'Trump cuts threaten safety training for America's most dangerous jobs,' from Reuters. GOOD MORNING. It's Monday, June 2. Welcome back to Morning Shift, your go-to tipsheet on labor and employment-related words: French ham trucks. Send feedback, tips and exclusives to nniedzwiadek@ lukenye@ rdugyala@ and gmott@ Follow us on X at @NickNiedz and @Lawrence_Ukenye. And Signal @nickniedz.94. ICYMI: The Conversation kicked off with Dr. Oz In the premiere episode of The Conversation, Dasha Burns sat down with Dr. Mehmet Oz — now leading the Centers for Medicare and Medicaid Services — for a candid talk on drug prices, potential Medicaid cuts and why he's getting early morning calls from President Donald Trump. Plus, POLITICO's Jonathan Martin dished on the Ohio governor's race (featuring Elon Musk, Vivek Ramaswamy and former Ohio State football coach Jim Tressel), and Kyle Cheney unpacked Trump's legal battle over 'Liberation Day' tariffs. Watch the full episode on YouTube. And don't miss a moment — subscribe now on Apple Podcasts or Spotify to get new episodes when they drop. Want to receive this newsletter every weekday? Subscribe to POLITICO Pro. You'll also receive daily policy news and other intelligence you need to act on the day's biggest stories. AROUND THE AGENCIES ADVENTURES IN PUBLIC SERVICE: The Office of Personnel Management last week unveiled a pair of new policies toward the Trump administration's drastic shift in how workers are hired at the federal government. One deals with the Senior Executive Service, non-political appointees who hold some of the highest-ranking management roles in the civil service, and the other addresses the federal hiring system more broadly and is partially tied to a law passed in 2024 aimed at promoting skills-based hiring practices. Both are heavily infused with the Trump administration's anti-DEI ethos, and the latter of the two goes a step further to direct agencies to stop collecting or publishing demographic data of their workforces. The merit hiring plan also empowers political leadership to play a greater role throughout the hiring process, and lays out a series of essay questions for applicants to answer to gauge their patriotism — including one about which of the president's executive orders is 'significant' to them and how they'd work to carry it out. (Applicants also have to certify that they're not outsourcing their answers to AI.) The SES memo strips away some writing requirements to focus on resume-based initial screening. It also says that OPM is developing an 80-hour course for SES employees and aspirants lecturing them on 'President Trump's Executive Orders and other matters necessary to ensure that SES officials uphold the Constitution and the rule of law and effectively serve the American people.' OPM is looking to roll out that training program by Sept. 1. More agency news: 'Trump's fiscal 2026 budget would strip trans federal workers of insurance coverage,' from the Government Executive. Even more: 'Education Department Targets Pregnant, LGBTQ Staff Protections,' from Bloomberg. On The Hill HOW TRUMP GOT TO HAI: Trump's decision to green-light sale of U.S. Steel came after GOP lawmakers in Pennsylvania warned administration officials that blocking the deal could lead to staggering job losses throughout the Rust Belt. Reps. Mike Kelly and Dan Meuser were among several Pennsylvania Republicans who pressed the administration to change course after Trump routinely insisted on the campaign trail that he was opposed to the deal. Nippon recently announced it would increase its investment in U.S. Steel's infrastructure and ensured the company would remain based in the United States, although the White House has yet to confirm the details of the agreement. Former President Joe Biden moved to block the sale shortly before leaving office after unions, including the United Steelworkers, launched a fierce lobbying effort to keep the company domestically owned. Our Ari Hawkins and Meredith Lee Hill have more. More hill news: 'Josh Hawley and the Republican Effort to Love Labor,' from The New Yorker. In the Workplace DISPARATE IMPACT DISSIPATES: The Trump administration's decision to drop the use of data to demonstrate discriminatory effects is quickly having wide-ranging effects across agencies and in court. The disparate impact theory was designed as a way to cover instances where discriminatory intent is not overt or direct. 'The legal theory has been consistently recognized by the Supreme Court, written into federal regulations and enshrined in employment law by Congress. But President Donald Trump declared it unconstitutional in April, issuing an executive order that kicked off an intense review of civil rights regulations, enforcement actions and settled cases,' The Washington Post reports. The EEOC under acting Chair Andrea Lucas is among the agencies that has stopped relying on such analyses. More workplace news: "Don't Call It a Side Hustle. These Americans Are 'Polyworking',' from The New York Times. Even more: 'Pension fund investors demand Elon Musk work 40-hour week at Tesla,' from the Financial Times. IN THE STATES GIVING IT ANOTHER GO: California labor groups are attempting to take another stab at raising the state's minimum wage after a similar attempt narrowly failed last November, our Will McCarthy reports for Pro subscribers. The Living Wage for All campaign seeks to raise Los Angeles County's minimum wage to $25 an hour with hopes of eventually going statewide with a push for a $20 per hour wage as a likely floor. California's Prop 32, a ballot measure to raise the state's pay floor to $18 an hour, failed by slightly more than a percentage point. Advocates would need to file the initiative with the secretary of state's office later this year to begin gathering signatures in hopes of getting the question in front of voters next year. More states news: 'Backlog, dismissals continue to grow in Oregon's Bureau of Labor and Industries,' from the Salem Statesman Journal. Unions FIRST IN SHIFT: The AFL-CIO is launching a six-figure ad buy targeting several House Republicans over their support of the GOP's reconciliation package that includes cuts to Medicaid. The ads, which slam members' votes to 'gut Medicaid' as 'unacceptable,' will run on Meta platforms Facebook and Instagram and on local news sites. Republican lawmakers targeted by the organization's campaign include Reps. Scott Perry (Pa.), Nick Begich (Alaska), Max Miller (Ohio), Mariannette Miller-Meeks (Iowa), Derrick Van Orden (Wis.) and Tom Barrett (Mich.). TEACHER TRAINING: The American Federation of Teachers and CareerWise, a youth apprenticeship program, launched the Education and Apprenticeship Accelerator last week across six Democratic-led states to diversify workforce development opportunities for high school students. California, Colorado, Massachusetts, New York, North Carolina and Pennsylvania signed on to the initiative, which aims to connect policymakers with educational organizations, unions and other industry partners to create increased apprenticeship offerings and awareness of these programs. GAO released a report Wednesday highlighting the benefits of apprenticeships and identifying federal programs that could provide such opportunities. More union news: 'Mulgrew wins reelection by smallest margin yet,' from our Madina Touré. WHAT WE'RE READING — 'How Trump's Regulatory Rollbacks Are Increasing Costs on Americans,' from The New York Times. — 'Targeting DOGE, labor group puts up billboards warning of heat deaths at national parks,' from NBC News. THAT'S YOUR SHIFT!
