Category: Disability

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Traditionally, dogs are pets that are appreciated for their companionship and affection. They are fully dependent on their human owners. Owners might be lonelier if the dogs weren’t around, but it wouldn’t affect their daily tasks. However, not all dogs are pets. Such is the case with assistance and therapy dogs, that is, those animals that undergo extensive training to be able to perform specific tasks. There are several types, but the two major categories are service dogs and therapy dogs.

The relationship between a disabled human being and their service dog is symbiosis. The dog helps the human perform tasks they would otherwise be unable to do and in exchange receives food, shelter, hygiene and love. Service dogs are not pets and are therefore legally permitted into grocery stores and housing that may otherwise not allow animals. However, the law does not apply if the dog is violent or serves as a serious health risk. It is not necessary for a service dog to wear a vest or tag, but many owners choose to dress their dog anyway so others can identify it. Regardless of identification, many people, especially children, do not know proper behavior when a service dog is in the vicinity. Some will try to pet it or speak to it, effectively distracting it from doing the work for which it is intended. This behavior should be discouraged by the owner through the use of verbal explanation or etiquette cards. Service dogs are generally German Shepherds, Labradors or Golden Retrievers.

Therapy dogs are different from service dogs in that they haven’t been trained to assist humans with a variety of activities. Instead, these dogs are stress relievers trained to be “bombproof” against the tugging and hugging of small children in hospitals. They’re also sometimes sent into nursing homes for the benefit of patients suffering from Alzheimer’s disease. Unlike service dogs, most breeds can be a therapy dog with the right training.

The following links lead to assistance dog resources. Included is information about service dogs, their training and what they can be trained to do. There are answers to frequently asked questions about assistance animals. Also provided are specifics about the laws permitting their use as well as proper etiquette both for the owner and the onlooker. The last few links lead to information on how a qualifying individual can apply for an assistance animal.

• Assistance Dog Information from Michigan State University

• Service Dog Central Frequently Asked Questions

• Commonly Asked Questions

• Seizure Alert Dogs

• Dog Companionship and its Benefits to Humans

• Guide dogs vs. service dogs

• Service dogs vs. therapy dogs

• Psychiatric service dogs vs. therapy dogs

• What is a therapy dog/animal?

• The three types of therapy dogs

• Disability Discrimination Act

• Service Dogs Save Lives!

• Legislation that rules over “No Dogs Allowed”

• How to interact with a person who has an assistance dog

• Etiquette Cards

• Service Dog Etiquette

• Service dog eligibility and application

• Top Dog Service Dogs

• Register your service dog

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Check out 1800wheelchair’s list of their best wheelchairs or aids to daily living (ADLs) which include: reachers, pill cases, ponchos and sleeping pillows.

The following is a guest post from Alex Granovsky.

CAN I BE FIRED WHILE I AM ON DISABILITY LEAVE – WHAT’S THE DEAL?

Short answer – yes, but….

CAN I BE FIRED WHILE I AM ON DISABILITY LEAVE –BUT I’M ON SHORT TERM/LONG TERM DISABILITY LEAVE?

Short and Long Term disabilities are not job protected.  But, there are cases where you may qualify for leave under the FMLA and/or the ADA.  The FMLA provides you with job protection, and the ADA protects you from discrimination on the basis of your disability.  We detail your protections under the FMLA and ADA below.

CAN I BE FIRED WHILE I AM ON DISABILITY LEAVE –ISN’T IT DISCRIMINATION?

Not necessarily, but it might be.  There are plenty of legal reasons for an employer to fire you.  One reason may be that you are on leave indefinitely and that cannot be accommodated by the employer.  Another reason may be economic/business necessity.  Just because you were terminated and disabled/on leave is not enough – you need to prove that you were terminated because you were disabled/on leave.

The Americans with Disabilities Act (“ADA”) prohibits employment discrimination on the basis of disability (or perceived disability).  The ADA also requires the employer engage in an “interactive process” to determine whether your disability can be “reasonably accommodated.”  Sometimes, a leave of absence may be a reasonable accommodation – at a minimum, your employer is required to investigate/consider (i.e. engage in the interactive process) whether this is possible.

Ultimately, it comes down to why the employer made the decision to terminate.  If the decision is made because of your disability, it very well may be illegal.

CAN I BE FIRED WHILE I AM ON DISABILITY LEAVE –WHAT ABOUT THE FMLA?

The Family Medical Leave Act (“FMLA”) is a federal law that applies to employers that have 50 or more employees. Under the FMLA certain employees may take up to 12 weeks of unpaid leave for certain reasons, like a serious health condition.  Although FMLA is “job-protected” (meaning you should be returned to your prior or equivalent position), you can still be terminated while on FMLA if the reason is not related to the leave and is not otherwise not discriminatory.   If your employer can show that the decision to terminate is unrelated to the FMLA leave, it is legal.

About Granovsky & Sundaresh PLLC Can Help

Granovsky & Sundaresh is a boutique labor and employment law firm with offices in New York City and Cleveland that helps employees with all aspects of employment law.  Our practice specializes in discrimination, severance negotiations, employee wages, medical leave and non-compete/non-disclosure agreements.  We offer free consultations and have a proven track record of results.  If you need help, call us to set up a free consultation today.

How physical disability and mental health are connected

Americans living with physical disabilities face a number of significant challenges that can impact their quality of life. For many, physical disability and mental health go hand-in-hand. As you take care of your physical needs, it can be all too easy to neglect your mental health.

Below are a few common challenges faced by people with physical disabilities, as well as some ideas for taking care of your mental health:

Lack of work

For many individuals, a physical disability can impact their ability to work. Although Social Security, Medicaid or other financial resources may be available, these benefits may not cover all living expenses (the average SSDI benefit was less than $14,000 in 2016). Several studies have linked worry about finances or debt to higher risk for mental health issues.

Beyond financial stress, unemployment can also lead to depression or anxiety for some people. If you are not able to work due to a disability, that can leave a void in your life. Many people find enjoyment and a sense of identity in their work, so missing that aspect of life could affect mental health for some people. This National Institutes of Health study illustrates that impact.

Depression and isolation

Surveys show that people with disabilities often experience a sense of social isolation and loneliness, which can also lead to depression and other mental health issues. Inaccessible environments and misunderstanding from non-disabled individuals can sometimes lead to feeling left out, isolated or even shunned.

Recent research links loneliness to a number of other health concerns, including a greater risk for premature death, dementia and heart disease, as well as decreased immunity. The mental and physical impact of loneliness and isolation can be tremendous.

Acquired disability vs. congenital disability

Whether you were born with a disability, or have experienced the onset of a disability to injury or illness later in life, can affect how you perceive your disability. In turn, how well you cope with the idea of living with a disability can support a better quality of life –  including your mental health.

Researchers have identified eight phases of “responses to a physical disability” in people who acquired a disability later in life:

“The onset of a chronic illness or disability typically triggers a chain of psychological reactions, which correspond to eight phases of responses to physical disability. Phases 1 to 6 (Shock, Anxiety, Denial, Depression, Internalized anger, Externalized anger) include the initial stages of adaptation (representing negative adaptation to disability), which an individual hopefully goes through, in order to reach phase 7 and/or phase 8 (Acknowledgement, Adjustment), which are considered as the final phases of adaptation and represent positive adaptation to disability.” (Source: European Journal of Counselling Psychology)

For those who achieve the Acknowledgement and Adjustment phases, mental health and quality of life outlooks are much better:

“Researchers have found that persons with acquired physical disabilities, who adjust more successfully to their disabilities are physically and psychologically healthier. On the contrary, the difficulty of an individual to accept his/her physical disability has been associated with poor physical health and several psychopathological symptoms.”

In a wonderful piece for BBC Radio’s “Point of View” program, sociologist Tom Shakespeare describes his experience with a congenital disability, achondroplasia, as well as an additional disability that occurred later in his life:

“If you think about it for a moment, you realise that people born with an impairment have nothing to which they can compare their current existence. Someone lacking hearing or sight has never experienced music or birdsong, visual art or a sublime landscape. Someone with an intellectual disability may not consider themselves different at all. Someone like me, born with restricted growth, has always been that way. Even if life is sometimes hard, we are used to being the way we are.

For people who become disabled, there’s a typical trajectory. I can say this from personal experience, having become paralysed in 2008. Immediately after the onset of injury or disease, one can feel profoundly depressed, and even contemplate suicide. Yet after a period of time, people adapt to their new situation, re-evaluate their attitude to the disability, and start making the most of it. Sometimes, they are driven to greater achievements than before.”

Shakespeare points out a common myth that people with disabilities are sad or have a low quality of life. On the contrary, he says, many people with disabilities report high levels of satisfaction and a good quality of life.

Taking care of your mental health

As noted above, living with a physical disability doesn’t have to mean a lower quality of life, and there are several steps you can take to support your mental health. They include:

• Talking to your doctor. When you visit your primary care physician or specialists, discuss your mental health symptoms as well as your physical ones. Your doctor can often connect you with helpful resources.
• Working with a therapist. A trained therapist can help you work through the phases of coping with and accepting your disability, as well as give you tools and techniques for changing negative thinking and developing positive coping strategies.
• Exercising. Exercise has been shown to boost endorphins and support mental well-being.
• Finding social outlets. Cultivating friendships and a social network can help prevent feelings of loneliness, isolation and associated depression. Join a local interest group, take a class, try a sports club, or talk to your therapist about other ideas for connecting socially.
• Developing a mindfulness practice. Numerous studies have shown that mindfulness and meditation can help prevent or offset the impact of stress and anxiety.

About the Author:

Scott Kohner MSW, LCSW is a psychotherapist in Denver, CO working with individuals, couples, and families. To learn more about Scott, visit www.ScottKohner.com.

 

Our survey of Americans with disabilities revealed that:

• 28% encounter a barrier to a building, transportation or service once a week
• 20% encounter a barrier at least once a day

• 36% live in a home that is not wheelchair accessible; of this group:
• 70% have steps leading into the home
• 51% cannot afford to make their homes wheelchair accessible
• 25% say they find ways to “deal with” the challenges and inconveniences
• 16% say that landlord/homeowner/condo board won’t allow modifications

Top 5 challenges to wheelchair/scooter users:

1. Unsafe sidewalks due to hazardous slopes, uplifted/deteriorated/blocked sections of sidewalk.
2. Narrow aisles/thruways in public places
3. Non-compliant curbs and crosswalks
4. Blocked wheelchair ramps
5. Buildings that are completely inaccessible

In January 1987, Robert L. Burgdorf Jr. drafted the The Americans with Disabilities Act (ADA) as “a response to an appalling problem: widespread, systemic, inhumane discrimination against people with disabilities.” On July 26, 1990 the bill that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public was signed into law. The purpose of the law is to make sure that people with disabilities have the same rights and opportunities as everyone else. Problem solved, right? Not exactly.

In March 2017, we surveyed 554 Americans with disabilities (including people who live with or are companions to people with disabilities). The provisions of the ADA have effectively removed many barriers, but our survey revealed that far too many still remain.

Barriers Everywhere

Americans with disabilities often encounter barriers that prevent them from entering a building, accessing transportation or accessing a service. 28% of survey respondents say that, on average, they encounter a barrier once per week. 12% say it happens multiple times per day!

What Gets in the Way?

Those who depend on a wheelchair or scooter (or accompany someone who does) were asked to rank a list of common barriers and obstacles that prevent them from entering a building, accessing transportation or accessing a service in order of the most frequent challenge to the least frequent challenge. The #1 complaint: Unsafe sidewalks due to things like hazardous slopes, uplifted and/or deteriorated sections and sections of sidewalk blocked by poles, trees and other obstructions.

Crumbling sidewalks and roads are a common sight in many communities. In 2015, the city of Los Angeles agreed to fix a huge backlog of crumbling, impassable sidewalks and remove other barriers that prevented wheelchair access–a violation of the ADA. The L.A. City Council took this action only after attorneys for the disabled filed a lawsuit.

At Home, You’re On Your Own

36% of our survey respondents who depend on a wheelchair or scooter, or live with someone who does, say that their home is not wheelchair accessible.

70% face a huge hurdle before they can even enter their homes: STEPS! Once inside, 55% say narrow doors impede their ability to maneuver around the home. 53% are inconvenienced by inaccessible bathroom fixtures.

What’s the Big Deal?

Why wouldn’t a person who needs a wheelchair or scooter simply renovate his or her home to make it completely wheelchair accessible? The #1 reason: money. 

51% of survey respondents say they can’t afford to make alterations to their homes. While some federal and state organizations and private non-profit charities offer grants to subsidize remodeling costs, Americans who depend on a wheelchair or scooter are typically responsible for the costs associated with modifying their homes, even those who live in a rental property.

Many of the 25% who say they find ways to deal with the challenges and inconveniences of living in a home that is not wheelchair accessible certainly have a reduced ability to live independently or even spend time alone. When the challenge is a flight of steps, assistance from one (preferably two) people is required, which adds another challenge: finding people who are ready, able and willing to assist whenever needed.

Define “Reasonable”

Under the ADA and the Fair Housing Act, Americans who have a disability, can ask for a reasonable accommodation for that disability.

16% of our survey respondents say that they haven’t made their home wheelchair accessible because a landlord/homeowner or condo board won’t allow them to make alterations to the home.

According to this joint statement by the US Department of Justice and the Department of Housing and Urban Development: “A request for a reasonable accommodation may be denied if providing the accommodation is not reasonable – i.e., if it would impose an undue financial and administrative burden on the housing provider or it would fundamentally alter the nature of the provider’s operations. The determination of undue financial and administrative burden must be made on a case-by-case basis involving various factors, such as the cost of the requested accommodation, the financial resources of the provider, the benefits that the accommodation would provide to the requester, and the availability of alternative accommodations that would effectively meet the requester’s disability-related needs.”

Try to make sense of that.

Willful Disregard for the Law

The ADA guarantees protections to people with disabilities but too often, rules are broken, provisions ignored and ambiguities exploited without consequence to anyone but the people with disabilities.

Essentially, a landlord or anyone who has authority over the property can use the “undue burden” clause to deny a request for accommodations. The person with a disability can file a Fair Housing Act complaint to challenge that decision and in the meantime endure barriers that may be in violation of the law.

“New York Has a Great Subway, if You’re Not in a Wheelchair” writes Sasha Blair-Goldensohn in a March 2017 “New York Times” opinion piece. After an accident eight years ago, the lifelong New Yorker found himself dependent on a wheelchair and “became increasingly aware of how large, inflexible bureaucracies with a ‘good enough’ approach to infrastructure and services can disenfranchise citizens with disabilities, many of whom cannot bridge these gaps on their own.”

Joyce Forrest, a Washington DC resident, risks her life everyday just to travel to her bus stop in her wheelchair. Matt Trott of Falls Church, VA, one of the wealthiest counties in Virginia, faces similar obstacles. Like many wheelchair users, they suffer tremendous inconveniences and dangers, and they do not have the same opportunities as everyone else, but local officials do nothing. Apparently, it takes a lawsuit or a news team to get government officials to look into the problems. Not fix, look into.

Too often, people with disabilities have to fight long and hard for the rights and protections afforded under the ADA.

What Laws Apply to Disability Discrimination in New York?

If you work in New York, you are protected from disability discrimination at the workplace by both federal and state law – the Americans with Disabilities Act (ADA) and New York State Human Rights Law (NYSHRL).  If you work in New York City, you have an added layer of protection under the New York City Human Rights Law (NYCHRL).

What are Your Rights?

Discrimination on the basis of disability is illegal.  If you have suffered an adverse employment action (e.g., you have been fired, laid off, suspended, subjected to a hostile work environment, demoted, etc.) and you believe that your disability played a role in the decision to take such adverse employment action, you should contact an employment lawyer.

How is a Disability Defined?

ADA

Under the ADA, to qualify as “disabled,” a person must have “a physical or mental impairment that substantially limits one or more major life activities of such individual,” have a “record of such an impairment,” or be “regarded as having such an impairment.”

In 2008, the ADA Amendments Act was passed and added the following guidance to how “disability” should be defined such that:

• “The definition of disability in this chapter shall be construed in favor of broad coverage … to the maximum extent permitted by [law].
• “An impairment that substantially limits one major life activity need not limit other major life activities in order to be considered a disability.”
• “An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active.”
• “The determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of mitigating measures such as (I) medication, medical supplies, equipment … prosthetics … hearing aids and cochlear implants … mobility devices, or oxygen therapy equipment and supplies; (II) use of assistive technology; (III) reasonable accommodations or auxiliary aids or services; or (IV) learned behavioral or adaptive neurological modifications.”

What is a Major Life Activity?

“[M]ajor life activities include … caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.”

The term “major life activity” “also includes the operation of a major bodily function, including … functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.”

What is it to “Be Regarded as Having an Impairment”?

“[a]n individual meets the requirement of ‘being regarded as having such an impairment’ if the individual … has been subjected to [discrimination] … because of an actual or perceived physical or mental impairment whether or not the impairment limits or is perceived to limit a major life activity.”

NYSHRL

The NYSHRL defines disability as “ (a) a physical, mental or medical impairment resulting from anatomical, physiological, genetic or neurological conditions which prevents the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques or (b) a record of such an impairment or (c) a condition regarded by others as such an impairment, provided, however, that in all provisions of this article dealing with employment, the term shall be limited to disabilities which, upon the provision of reasonable accommodations, do not prevent the complainant from performing in a reasonable manner the activities involved in the job or occupation sought or held.”

Note that this definition is a bit more limited than the ADA because it requires an employee to show that his or her disability can be reasonably accommodated.  On the other hand, the definition is a bit broader in that it does not exclude temporary or transitory conditions.

NYCHRL

The NYCHRL offers the broadest definition of disability.  Under the NYCHRL, disability is defined as “any physical, medical, mental or psychological impairment, or a history or record of such impairment.”

Physical, Medical, Mental or Psychological Impairment

“Physical, medical, mental, or psychological impairment” is defined as “an impairment of any system of the body; including … neurological … musculoskeletal … sense organs and respiratory organs… cardiovascular … reproductive … digestive and genito-urinary … hemic and lymphatic … immunological … the skin … endocrine system … or a mental or psychological impairment.”

What Damages Are Available?

Plaintiffs can recover damages for the following: reinstatement, compensatory damages (damages to compensate the employee for lost wages), punitive damages (damages to punish the employer for its act(s) of discrimination), injunctive relief (a court order forcing the employer to do – or not do – something), attorneys’ fees (the amount that a Plaintiffs’ attorney would be paid based on a reasonable hourly rate and the amount of time put in by the attorney) and costs (hard costs for litigation, e.g., filing fees, depositions, court costs, photocopies, mail, etc.).

What Other Laws Are at Play?

Wage Payment Laws – Are you sure you are being paid for all of your time worked?  Even if you are paid a salary or have a “manager” or “supervisor” title, you may still be entitled to overtime or other wages.  The laws at play here are the federal Fair Labor Standards Act (FLSA) and the State New York Labor Law (NYLL)

Workers’ Compensation – If you suffered an injury at work, you may have a workers’ compensation claim.

Medical Leave Laws – Certain employees are entitled to unpaid leave under the federal Family Medical Leave Act (FMLA).  If you suffer an adverse employment action based upon taking or requesting leave (for yourself or a family member), you may have a claim under the FMLA.

What Should You Do?

If you have suffered an adverse employment action, and you believe that it is related to your physical condition and/or disability, you should absolutely call an employment lawyer.  We respond to all inquiries within 24 hours and offer free initial consultations.  Contact us today.

Granovsky & Sundaresh PLLC Can Help

Granovsky & Sundaresh is a boutique labor and employment law firm with offices in New York City and Cleveland that helps employees with all aspects of employment law.  Our practice specializes in discrimination, severance negotiations, employee wages, medical leave and non-compete/non-disclosure agreements.  We offer free consultations and have a proven track record of results.  If you need help, call us to set up a free consultation today.

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