Fwd: TRN Disability Update - March, 2007

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Eileen - Here

is your edition of:

Training

Resource Network Disability Update

Visit TRN for resources and updates in the field.

Due

to the volume of email we receive, we cannot reply individually to

requests for more information.

Workers with Disabilities and Sub-Minimum Wage

Six states enacted

measures last year to raise the minimum wage. Two of the six – Ohio

and Missouri – included exemptions for workers with disabilities from

the minimum wage provisions. The other four – Arizona, Nevada, Colorado

and Montana – did not include any language that would

exempt such employees from their new state minimum wage. Arizona state legislators

recently held a hearing to review their new minimum-wage law, which

provides $6.75 an hour. The hearing was packed, with advocates for both

sides of the issue.

In the US, certain workers, including those with disabilities,

can be paid less than minimum wage, unless superceded by state law which

can provide for a higher minimum wage. The federal law, called the Fair Labor

Standards Act, includes a provision for a special wage for workers with disabilities.

Its purpose is purportedly “to

prevent the curtailment of employment opportunities.” Wages must be “commensurate

with” (equivalent to) those paid to “experienced workers without

disabilities employed in the vicinity for essentially the same type, quality,

and quantity of work.” The wage must be tied to the workers’ productivity.

At the hearing

the arguments seem to revolve around the fairness of setting a minimum applicable

to all people, versus the need for less than minimum wage in order for people

with disabilities to have access to employment, due to their lower productivity.

In order to reach a compromise, the state is considering designating workers

with disabilities as trainees in a vocational program. Arizona

Attorney General Terry Goddard soon followed the meeting with an opinion

stating that workers with developmental disabilities are not exempt from

that state’s

new minimum wage. A copy

of the opinion can be accessed at:

http://www.azag.gov/opinions/2007/I07-002.pdf

What is your opinion? Should workers with disabilities have

an exemption from minimum wage? Vote in our poll at: http://www.trninc.com and

click on the poll.

Wal-Mart Sued for Failing to Accommodate Applicant

with Cerebral Palsy

A US Circuit Court of Appeals ruled this week that the Equal Employment

Opportunity Commission (EEOC) can proceed with a lawsuit against Wal-Mart Stores,

Inc. that alleges a violation of the Americans with Disabilities Act (ADA).

This took place in Missouri when Wal-Mart refused to hire a man with cerebral

palsy as a greeter or a cashier. The decision marks the first time that a court

has ruled that an employer's claim that an applicant with a disability wasn't

hired because he or she posed a threat to the safety of others or him or herself,

must be proven by the employer rather than the applicant.

According to accounts, standing for more than 10 or 15 minutes

was difficult for the applicant, but he could climb stairs and get on and

off a stool. He could write and hold things and lift heavy objects from his

wheelchair. When he was called in for an interview, he arrived in his wheelchair,

and was turned down for the job. Although a medical expert for Wal-Mart testified

that the applicant wasn’t qualified to perform the essential functions

of either greeter or cashier, an expert for the EEOC found that he could

do either with reasonable accommodation. For more information about this

case, visit:

http://www.kansascity.com/mld/kansascity/16691993.htm

DisabilityNation Offers Audio News and Stories about

People with Disabilities

DisabilityNation is an exciting free audio magazine

that focuses on a wide range of news, events and stories of interest for people

with disabilities and those who support them. DisabilityNation

is also aired on ACB Radio, a service of The American Council of the Blind

and on Sun Sounds of Arizona. Transcripts of episodes

are also available. DisabilityNation is produced by Larry Wanger. As a person

with a life-long disability, Larry is very familiar with some of the stereotypes

and beliefs that some have about persons with disabilities. You can subscribe

to the podcast at:

http://www.disabilitynation.net

Next Online Courses

" I took the course last year and am still using

the training information... "

– Neal, Horizon House, Inc.

Over 670 participants have successfully received certificates of completion.

Only $149 and includes two weeks' access to online web instruction, interactive

exercises and readings, and a Forum discussion board. Log

on any time you want! Each course discussion is facilitated by a

national expert in the topic area. Share ideas with other professionals. A

certificate for 18 in-service hours is awarded to each participant

who successfully finishes. Limited enrollment. Students accepted on a first-come,

first-serve basis. Learn more: http://www.trninc.com/entry/welcome2.asp

REGISTER

NOW

Marketing

& Job Development

Apr 11-24, '07

Dawn Langton and Dale DiLeo

Job Coaching & Consulting

May 9-22, '07

Tammara Geary

" The course is great ...

I would not change anything! "

Joe Webster, LEAP, Inc.

Supported Employment Program for Veterans with Disabilities

The US Dept of Veterans Affairs (VA) has started

a Supported Employment program to assist disabled veterans within the State

of Rhode Island and Southeastern Massachusetts find and keep competitive

employment in the community. The program represents veterans that are seeking

employment and to re-engage in the community. VA will provide initial on-site

job coaching and continued support, and will be available to both the veteran

and employer should any problems arise. http://www.hrm-ri.org/diversity.asp

" ...a stirring book which

hopefully will awaken all persons to recognize that segregation

by disability is morally wrong. "

– Wehman , Ph.D.,

Virginia Commonwealth University

" Dale tells the painful and

searing truth—a truth we professionals and families in the

disability field need to confront about what he rightly calls the “disability

industrial complex.”

–Ann Turnbull, Ed.D., Co-Director, Beach Center on Disability, Kansas

's

Room: Ending the Segregation of People with Disabilities

STEREOTYPES - SHELTERED WORK - BEHAVIOR CONTROL

- DISCRIMINATION

’s Room makes a compelling case that

today, most people with disabilities are still locked away from the

rest of society, in facilities run by a public monopoly unwilling

to change. Using research, anecdotes, and

stories, DiLeo takes aim at the billion-dollar " disability

industrial complex " that

segregates people with significant disabilities from mainstream life.

Author Interview: http://www.disabilitynation.net/

" I had a very hard time

putting this book down. "

http://donlavin.blogspot.com/2007/02/raymonds-room-ending-segregation-of.html

The

Road Ahead

This book on transition from school

covers improving the lives of people with disabilities, from assessment

and instructional strategies, to career development, supported living

and post secondary education. Written by 20 nationally recognized transition

experts.

Resources

on Supported Living

These resources are targeted to helping those

who assist

people with significant disabilities to live successfully

in the community.

Browse

more resources at http://www.trninc.com/trn-store/

Trainings and Conferences

March 7 Quality in the Workplace: Simple Things You

Can Do, Al Condeluci, Teletraining, Center on Disability and Employment,

University of Tennessee, http://www.cde.tennessee.edu/events/overview.htm

March 8-10 The Expanding World of Positive Behavior Support, APBS, Boston,

MA, www.apbs.org

March 27 Work: Discover the Possibilities, OK-APSE State Conference, Oklahoma

City, OK,

http://www.ok-apse.org

Recruitment for Disability Programs

Looking to hire qualified and experienced staff? Or looking

for a new job? The quickest way to reach the disability provider community

is through

JobLines on

the web. Job postings from around the country with one click!

Featured jobs of the month:

http://www.trninc.com/jobline.htm

• Supported Employment Coordinator,

Redwood City, CA

• Employment Specialist, Chatham, NJ

• Supported Employment Program Coordinator, Rochester, MN

Visit

TRN's EStore

Staff Training - Person-Centered Planning - Supported

Living

Job Development - Self-Determination - Transition

If you do not wish to continue to receive

this posting, reply to this message with -no- in the text of your

reply. To add a name to our list, reply with an email address.

TRN:

Resources for the community inclusion of people with disabilities.

Web: http://www.trninc.com Phone: Fax: