The Legislative Lookout

Issue 4
July 2009

Published and distributed by the Catskill Center for Independence, “The Legislative Lookout” is a newsletter devoted to improving the quality of life for individuals with disabilities by taking action to achieve a barrier free, fully inclusive society.

The vehicle used to accomplish this goal is the Statewide Systems Advocacy Network (SSAN). This newsletter is designed to keep you informed about the goals, actions and accomplishments of the SSAN. It also provides ideas and avenues for interested citizens like you to get involved.

A Message from Your Systems Advocate

Welcome to the fourth issue of “The Legislative Lookout,” where an open invitation is always extended to anyone interested in becoming involved in the Statewide Systems Advocacy Network (SSAN). This newsletter is designed to introduce readers to the numerous barriers confronting persons with disabilities and point out the variety of ways individuals can participate in order to bring about positive change in their community, their family, and even improve their own quality of life.

The difference our advocacy network makes is that people don’t work alone, but work in concert with many others. To this end, we as advocates at CCFI have developed a blog to complement this newsletter and promote discussion and inform everyone about the goals, actions and accomplishments of the SSAN.

Although it is the NYAIL Disability Priority Agenda which drives the overall direction the blog will take, we also encourage participants to post disability related information as an FYI to all interested readers.

The blog is a work in progress, so feel free to make comment directly to me here at CCFI at: creichardt@ccfi.us or better yet by posting to the blog at:
http://www.ssan-network.blogspot.com

Charlie Reichardt
Systems Advocate
Catskill Center for Independence



Now and Later…
2009 is already being acknowledged as a year of dramatic and sweeping change in so many areas of our lives and of society as we know it, but what change is in store for people with disabilities?

Now that the Presidential election and inauguration are behind us and President Obama has gone well past his first 100 days in office, it's time to really get to know just who it is that has been elected. Where does our current administration stand on issues that pertain to you as a person with a disability? Is positive change to the disability community being planned? To help answer these questions we are devoting the lead article of this issue of the Lookout to examining just what President Obama and the current administration have promised for people with disabilities.

In subsequent articles the Lookout will present the latest information on voter accessibility and illustrate the successes of the Statewide Systems Advocacy network as they relate to the items on the NYAIL Disability Priority Agenda.

As you read on though, remember, the Center is always on the “lookout” for new advocates interested in getting involved in the community by becoming an SSAN volunteer. No previous experience is necessary, just a desire to be part of an exciting team working together to create a barrier free environment for all New Yorkers.

So if you haven’t already done so, join today. Tell your family and friends about the SSAN and then get ready and let your voice be heard!
You’ll be glad you did!



In the News

“In the News” is a regular section of “The Legislative Lookout” and will provide information about hot disability related topics. An “In the News” companion section on the Center’s web site (www.ccfi.us) has several recent news articles, letters to the editor, and other documents dealing with a variety of disability related issues.




Is Change In The Wind For People With Disabilities?

Just as he promised, President Obama and his administration have very ambitiously gotten down to the business of running the country by introducing sweeping and unprecedented change, but what could these and other proposed changes mean for people with disabilities? The following is a compilation of a few important issues that President Obama discussed over the course of his campaign.

Research Funding
The National Institute for Health's (NIH) budget has been under-funded since 2003. President Obama has stated he intends to increase funding for NIH so that the United States can adequately conduct research that will lead to medical breakthroughs in all fields.

Increasing Employment Rates
Employment rates among people with disabilities are substantially lower than those without disabilities. The same holds true regarding compensation, with people having disabilities making significantly less money than people without a disability. President Obama plans to increase employment rates of people with disabilities by issuing an executive order that mandates the hiring of an additional 100,000 federal employees with disabilities over the next five years. He also plans to enforce Section 503 of the Rehabilitation Act that requires employers who are federal contractors to take affirmative action to employ and advance in employment qualified individuals with disabilities.

President Obama also plans to expand business opportunity for people with disabilities by amending regulations under the Small Business Act that provide preference in federal contacting to small businesses owned by members of socially and economically disadvantaged groups to include individuals with disabilities.

Federal Disability Laws
Recent court rulings restricted the definition of "disability" and impacted many people with chronic conditions, including diabetes. Such rulings ran counter to the goals of the Americans with Disabilities Act (ADA) and in September 2008 Congress passed the ADA Restoration Act which expanded the definition of workplace accommodations and the definition of "disability". As a Senator, President Obama voted in favor of this act and has said that he will be in favor of similar methods that strengthen and protect the rights of people with disabilities.

Voting rights for people with disabilities
The Help America Vote Act (HAVA) was designed to expand voting accessibility, but unfortunately as we New Yorker’s well know, that it has not been fully implemented. President Obama intends to fully fund this act that will allow voters with disabilities the opportunity to cast their vote privately and independently.

Pending Legislation
The following are two important, pending pieces of legislation in the Senate supported by President Obama that impact people with a disability:




Community Choice Act
President Obama and Vice President Biden are both co-sponsors of the Community Choice Act, which allows people with significant disabilities the choice of living in their community, rather than having to live in a nursing home or other institution. This legislation seeks to expand direct care services and would provide people with disabilities greater access to quality in-home care.

Individuals with Disabilities Education Act
As a candidate, President Obama supported the Individuals with Disabilities Education Act (IDEA) as it provides important federal funding to states for the education of children with disabilities. The federal government has long provided each state with 40% of the states "excess cost" of educating children with disabilities. Recent federal funding levels have been less than the required 40% and have left the education of children with disabilities insufficiently funded. This additional funding will provide every student with a disability access to a public education and allow parents to focus on their children, rather than arguing with school districts to make sure that their child is getting the education they are entitled.

President Obama has also vowed to invest $10 billion per year in early intervention programs for children between zero and five. Increasing funding will provide greater access to important programs for children with disabilities to ensure that they do not fall behind their peers.

These are just a few of the important policy proposals and legislation supported by President Obama. Current economic conditions and other factors will certainly determine both the speed to which the aforementioned policies are implemented and, ultimately, whether pursued at all. Only time will tell…

For a more detailed account on any of these proposals, you can visit President Obama's website, at:
http://origin.barackobama.com/issues/disabilities/


Advocates Converge on State Capital

On Tuesday March 17th 2009, approximately 100 advocates from independent living centers all across the state converged on the Capitol Building in Albany, New York, to participate in letting the legislature and governor become more aware of us as individuals with disabilities. We also reminded them to make long term care and community integration priorities in the 2009-10 state budget and state disability policies.

Our message was to make sure state funding and disability policy supports living and/ or receiving services in the most integrated setting. Here are our main points:
1. As consumer directed care saves the state money, there should be no cuts to personal or home care. The long term care related proposals in the governor’s budget are unacceptable.
2. As ILCs save the state dollars, funding cuts should be restored to ILCs.
3. No cuts to SSI benefits – period!

We donned our highly visible T- shirts, carried our signs and chanted several meaningful slogans while key members of our group met with government officials. Apparently we were quite effective, for we were soon addressed by an official from the Governor’s office and a state Senator, and were told that our message was heard loud and clear. As one might expect, we were given no guarantees then, but if you keep reading you will see that our message did get out and proved to be effective.


Talking Voter Access in Albany
By Helen Benlisa, Project HAVA Coordinator

In February, a small band of intrepid voter access advocates visited lawmakers in Albany to discuss needed improvements in overall access to the electoral process for voters with disabilities. Among the points discussed were the need for stronger statewide oversight for polling site accessibility compliance, stepped up training for poll worker s to include disability awareness and basic accessibility standards, and some ways to for voters to request alternative accessible formats and accommodations at their polling sites with an updated voter registration form.

The group, comprised of Rima McCoy, Voting Rights Coordinator from the Center for Independence of the Disabled – New York (CIDNY), Frank Pennisi, ADA Specialist and Accessibility Services Director from Southern Tier Independence Center (STIC), and Helen Benlisa, Project HAVA Coordinator from the Catskill Center for Independence (CCFI). The first stop for all three advocates was Senator Addabbo’s office to meet with key staff. As the newly-minted Senator has been appointed chair of the Election Law Committee, it is imperative the Senator’s office be educated about the voting access needs of nearly 3 million New Yorkers.

The next stop was Assemblyman Cahill’s office, where the group met with one of the Assemblyman’s Legislative Aides. Although Assemblyman Cahill is not currently on the Assembly Election Law Committee, he has long been a proponent of voter access issues for the disability community; the meeting was a chance to thank him for his support and ask him to encourage other legislators in making true voter accesses a reality. Unfortunately, the group did not get a chance to meet with the chair of the Assembly Election Law Committee, Reuben Diaz, Jr. As he is new to his post as Chair of the committee, the advocates hope to have an opportunity in the future to educate him about New York’s voter access needs.



Good News

Recently, the Senate passed over 200 bills, including two from our 2009 Disability Priority Agenda!

S.5396 (Huntley) Incorporating Title II of ADA into NYS Human Rights Law Title II provides protections against discrimination on the basis of disability in services provided by public entities, including state and local governments. This bill clarifies the scope of protections against discrimination on the basis of disability by these entities, including in the provision of services, programs and activities. The Assembly version of this bill, A.781-B (Paulin) passed the Assembly on May 11th as part of the Disability Awareness Day package.

S.1058 (Addabbo) – Polling Site Access Bill This will require all polling sites to comply with the accessibility guidelines of the ADA. It also eliminates the practice of granting waivers for inaccessible sites. The Assembly version of this bill, A. 584 (Cahill), also passed the Assembly on May 11th as part of the Disability Awareness Day package.

Also of importance to you and the SSAN network is the legislation to make Timothy's Law permanent. S.5672/ A.8611 passed the Senate on July 10th and was signed into law by Governor Paterson. Timothy's Law mandates private insurance parity for mental health services and is a major victory for the mental health community!

Special thanks goes to the NYAIL Subcommittees the SSAN and you for your hard work and your endless calls, letters, faxes and emails which helped to pass these bills.

If you would like any additional information regarding the content of this newsletter or about the Statewide Systems Advocacy Network contact:
Charles Reichardt
Systems Advocate
Catskill Center for Independence
607.432.8000 or ccfi@ccfi.us or visit our website at: www.ccfi.us

MindFreedom International Thanks President Obama for Support of UN Treaty on Disability and Human Rights

24 July 2009 --
http://www.mindfreedom.org

MINDFREEDOM INTERNATIONAL NEWS RELEASE:

MindFreedom International Thanks President Obama for Support of UN Treaty on Disability and Human Rights

President Obama marked the 19th anniversary of the Americans with Disabilities Act by instructing UN Ambassador Susan Rice to sign an historic United Nations
"convention" or treaty next week on disability and human rights, joining 140 other nations.

"It's the first new human rights convention of the 21st century,"

Obama said at in the White House East Room.

MindFreedom International -- uniting a broad constituency of mental health consumers, psychiatric survivors, mental health professionals, advocates and
others concerned with fighting for human rights in the mental health system -- praised President Barack Obama's announcement about signing the UN International
Convention on the Rights of Persons with Disabilities (CRPD).

Celia Brown, MFI Board president, led a team of MindFreedom members inside the United Nations during years of meetings to create the treaty. Celia has been
widely praised by cross-disability leaders for her warm and inclusive community-building at the UN.

Said Celia, "We appreciate that the President is fulfilling the commitment he made to the Convention during his campaign. His leadership indicates that
human rights can be a cornerstone for people with disabilities in the United States and around the world.

"The Convention on the Rights of Persons with Disabilities represents a paradigm shift of understanding disability from a medical model to a social model.
The CRPD recognizes the key principles of non- discrimination, freedom to make one's own decisions, and to have the opportunity to be actively involved
in policies that effect our lives."

The MindFreedom International UN Team participated in UN meetings with a diverse alliance of leaders from disability organizations including the International
Disability Caucus (now the International Disability Alliance), CRPD Forum and World Network of Users and Survivors of Psychiatry.

MindFreedom International was instrumental in conducting workshops during the UN convention negotiations to educate people with disabilities and governments
on the perspectives of human rights of users/survivors of psychiatry.

David Oaks, Director of MindFreedom International, and a board member of the United States International Council on Disability (USICD), said, "We look forward
to the Senate reviewing the treaty for ratification as a significant step to winning human rights for the 650 million people in the worldwide disability
community."

Judy Heumann, former Clinton Administration appointee, board member of USICD, and participant in the negotiations to draft the treaty, said, "This treaty
reflects the unique insights of disabled people from around the world. The participation of disabled people in decision- making about policies affecting
our lives is changing the way we are regarded in our communities and by our governments,"

Susan Rice, the United States State Ambassador to the UN, will officially sign the Convention on the Rights of Persons wih Disabilities on July 30, 2009
at the UN Headquarters on July 30, 2009 in New York City.

For further information, please contact :
office@mindfreedom.org
or Celia Brown at
Cksean@aol.com

GOOD NEWS!We’ve got some good news. The Senate was back in session last week and passed over 200 bills, including two from our 2009 Disability Priori

We’ve got some good news. The Senate was back in session last week and passed over 200 bills, including two from our 2009 Disability Priority Agenda!

S.5396 (Huntley) Incorporate Title II of ADA into NYS Human Rights Law

Title II provides protections against discrimination on the basis of disability in services provided by public entities, including state and local governments.
This bill clarifies the scope of protections against discrimination on the basis of disability by these entities, including in the provision of services,
programs and activities. The Assembly version of this bill, A.781-B (Paulin) passed the Assembly on May 11th as part of the Disability Awareness Day package.


S.1058 (Addabbo) – Poll Site Access Bill will require all poll sites to comply with the accessibility guidelines of the ADA. It also eliminates the practice
of granting waivers for inaccessible sites. The Assembly version of this bill, A. 584 (Cahill), also passed the Assembly on May 11th as part of the Disability
Awareness Day package.

Also of importance to the network, the legislation to make Timothy's Law permanent, S.5672/ A.8611, passed the Senate on July 10th and was signed into law
by Governor Paterson. This law mandates private insurance parity for mental health services and is a major victory for the mental health community!


Special thanks to the NYAIL Subcommittees for their hard work in pushing these bills through, and to the entire network for your endless calls, letters,
faxes and emails! We’ll keep you posted as more unfolds in Albany.

Obama Backss Helping Hands For Long-Term Care

Obama Backs Helping Hand For Long-Term Care

by
Joseph Shapiro

All Things Considered,
July 7, 2009 · Until recently, it looked like long-term care was not going to be a serious part of any potential health care overhaul. But that changed
when the Obama administration this week endorsed a new government social insurance program that would help people put aside money to pay for the high costs
of going to a nursing home, assisted living or getting services needed to live at home as they age.

As the Senate Health, Education, Labor and Pensions (HELP) Committee marked up the long-term care part of a health care change bill Tuesday, Health and
Humans Services Secretary Kathleen Sebelius sent a letter to committee Chairman Ted Kennedy with an endorsement. She signaled the Obama administration's
support for something called the Community Living Assistance Services and Supports Act (CLASS Act).

That legislation, which is part of the committee's health bill, would let workers choose to have government deduct money from their paychecks — maybe $65
to $100 a month — and put it in a savings account. When they get old or disabled and need care, they could then use that money.

President Obama, the health secretary wrote to Kennedy, a key author of the long-term care provision, "believes it is appropriate to include the CLASS Act
as part of health reform because enactment of this important legislation would expand resources available to individuals and families to purchase long-term
services and supports to enable them to remain in their own homes in the community. The CLASS Act is an innovative voluntary program that will provide
important benefits to people who need them."

Supporting Long-Term Care Could Mean Long-Term Savings

But just days ago, the conventional wisdom in Washington was that long-term care was too expensive.

That changed when a Congressional Budget Office analysis said the CLASS Act would actually save money: Because if people delayed going into a nursing home
or got home care that kept them out of the hospital, there would be a net savings for government.

The projected savings of $58 billion over 10 years, proponents said, could then help pay for expensive health care expansion.

Larry Minnix, of the American Association of Homes and Services for the Aging, the trade group for not-for-profit providers of care to the elderly and disabled,
says the Sebelius letter is a big step. "It recognizes for the first time that insuring for the need for long-term services and supports is a vital part
of health care reform. Seventy percent of American families will face some kind of disabling situation, and we're not insured for it."

Some Question Savings, Inclusiveness

But Republicans said adding long-term care would create a costly new program for years to come. Sen. Mike Enzi of Wyoming questioned the CBO's analysis.
He says the real costs would come later. "Only in Washington could someone develop a policy that costs the taxpayers $2 trillion and call that a savings,
and then use it to pay for more federal spending," he said during the hearing Tuesday.

Another Republican, Judd Gregg of New Hampshire, added an amendment that would require that the secretary of health and human services determine the monthly
premium based on an actuarial analysis of what it would take to keep the program solvent over 75 years. The original legislation says the monthly premium
would average $65 a month. But the CBO estimates that, even over the first 10 years of the program, a more realistic number might be $100.

It wasn't just Republicans who voiced skepticism. Some groups that represent people with disabilities are also angry. Bob Kafka, of the disability civil
rights group ADAPT, said not enough is done for poor people who can't afford to have the money deducted from their weekly paychecks — or who, because of
their illness or disability, may not be able to work at all. "Secretary Sebelius' letter adds insult to injury," said Kafka. "This administration has totally
said to low income people with disabilities, 'You do not count.' "

Kafka's group endorsed the CLASS Act but wants it paired with passage of another bill called the Community Choice Act. That would allow people who get long-term
care services through Medicaid to use that money for help to stay at home. Now, the only thing they are guaranteed is that Medicaid will pay for them to
live in a nursing home — and home services are limited, require being on yearlong waiting lists, or are unavailable.

Where Things Currently Stand In Albany

Earlier today, NYAPRS provided a helpful summary on where things stand in Albany these days. At this time, it is unclear when the Senate will be fully functioning and passing legislation. Other than Timothy’s Law, which has been considered a priority bill for the Senate to pass before its December 31st expiration, it is unlikely that any of NYAIL’s priority bills will be acted upon this session. The NYAIL subcommittees have already begun to strategize on ways to push their bills through next year. We have also received word that we can expect at least one, if not multiple, fall special sessions to deal with the state’s economic crisis. As we hear more on that end, we will keep you posted and advise on how best the centers can strategize to avoid cuts to IL funding and other crucial programs for people with disabilities. Stay tuned for continued updates and actions on the Community Choice Act, as we continue to support ADAPT’s efforts in getting this bill included in any federal health care reform.

Thanks again to NYAPRS for the summary provided below.

Given the terrible fallout from this delay of the ‘people’s business’ and all of the bad publicity the Senators are getting, why would the parties tie up Albany this way?
Control of a house in the NYS Legislature has great advantages: the party in power has historically gotten to pick all of the committee chairs and control which legislation gets advanced let alone passed. Senators from that party have gotten higher pay, the largest offices and the ability to hire 3 times as many staff than their minority counterparts. Further, the party in power will soon get to draw the boundaries of each Congressional district and influence that party’s standing in NY’s Washington delegation.

What allowed this standoff to take place?
After years of Senate Republican rule, the Democrats won a scant 2 seat majority last year. They appeared to lose that control back to the Republicans when two NYC Democrats (Espada and Monserratte) switched sides and backed a Republican return to power. Then, Monserrate switched back and the two parties are deadlocked at 31-31. Neither party has conceded control to the other or has agreed to various power sharing proposals.

Have any bills been passed?
In Albany, both houses have to pass identical bills and those bills have to be approved or allowed by the Governor to become law. The Assembly left town after passing a host of legislation and several of these bills, including the one making NY’s mental health parity law permanent (Timothy’s Law) were passed by the Senate Democrats this past Monday when they claimed a 32 seat majority after a Republican Senator walked through the chamber when they were convening.

Will any of these bills become law?
It’s hard to say. While Governor Paterson has said he won’t sign any bills until the two parties come to an agreement, they could passively become law if he does not veto them. However, these bills would have to be formally sent to him by the Assembly which has declined to do so at the current time.

With Albany in chaos, Board of Elections staff party in Finger Lakes

A state Board of Elections conference may sound dull - but not in New York.
Up to 180 elections commissioners and staffers wined, dined and danced under the stars last week at an annual conference in the scenic Finger Lakes.
Commissioners and employees spent four workdays at a conference at the Ramada Geneva Lake Front, which included plenty of eating, boozing, golf and touring.
All this while Gov. Paterson is urging state agencies to limit "nonessential" travel to help close the budget gap.
City and state rules let workers attend "professional development" confabs. Taxpayers usually cover hotels, travel and food.
At this conference, vendors seeking business with election boards across the state picked up the tab for food and open bars.
State regulations advise employees it may be improper to accept gifts and that "prior approval and written disclosure" may be required.
New York State Election Commissioners Association President William Scriber acknowledged vendors paid to hawk their wares at the conference - and the money was used to pay for open bars and other expenses.
Still, he defended the conference as necessary.
"We're probably going to go through one of the most difficult election years in the state," he said, explaining that most counties would be using new voting optical scan technology. Companies that make the technology were at the conference.
State rules also recommend only two employees attend such events at a time so as not to deplete the staff.
State Board of Elections spokesman John Conklin said six people with his board attended the conference, which was "extremely helpful."
The New York City Board of Elections also blew off the rule, sending eight staffers, including three of the top four employees.
All together, between 150 and 180 people attended, each paying about $117 a night for room and board - about $351 a person for the entire event.
The city's bill to the taxpayers for three nights, two dinners and two lunches came to $2,808, not counting travel and other meals, a city spokeswoman said.
Last year, the Daily News found city commissioners and board employees were reimbursed in 2007 and 2008 nearly $58,000 for multiple expenses, including hotels, meals and travel to upstate conferences.
A News reporter and photographer observed this year's Geneva jaunt unnoticed.
After check-in Tuesday, attendees went to a 45-minute meeting, then a two-hour welcome reception including an open bar.
At nightfall, many gathered under a white, lakeside tent where they drank beer, wine and liquor and smoked cigars. Liquor flowed freely each night in the Seneca Room that opened up to the giant white tent.
"You girls want to party?" an upstate election board staffer named Scott asked a News reporter and photographer about 9 p.m. Tuesday.
Scott brought the two drinks and introduced the women to an upstate commissioner named Anthony, who was smoking a cigar and drinking a Michelob Ultra.
The Republican commissioner said the annual getaway was one of the perks of the part-time political appointment that pays $30,000 annually.
Inside the private club room, a makeshift bar was laden with bottles of vodka, rum, gin and tequila - some of it top shelf. New York City board employees were seen drinking from plastic cups.
On Wednesday, commissioners and staffers attended work sessions about paper ballets, vendor contracts and other election issues. At one point, Sequoia and ES&S - two companies vying to supply electronic voting machines to election boards across New York - pitched their wares.
Meetings were scheduled through 4 p.m., but by 2:30, about a dozen participants were teeing off at the nearby Seneca Country Club. Others took a vineyard tour of the region known best for its white Rieslings.
Boating was available on Seneca Lake, and one commissioner said he planned to go fishing.
At the hotel, vendors hawking graphics and ballot and voting machines filled a crowded corridor. One of them, a ballot vendor, even threw a party Wednesday night, complete with disk jockey, roast beef, shrimp and open bar.
Several women donned poodle skirts and ponytails for the '50s theme party. A commissioner dressed like Elvis, and other men wore faded jeans and T-shirts.
As the party ended, some revelers re-created a scene from "Animal House" by jumping up and down, yelling "Shout!" to the Isley Brothers' hit.
Scriber said he didn't know which vendor paid for the private party room and liquor and had "no recollection" of who threw the costume party. A hotel sales rep did not return calls.
On Thursday, the city Board of Elections staff gathered for lunch, chatting on cell phones around an outdoor table. Board lawyer Steven Richman drank a rum-filled piña colada, an employee said, while someone else at the table drank a Bloody Mary.
They were joined by Deputy Executive Director George Gonzalez, who drove his black GMC Yukon Denali XL truck 300 miles from the city. Gonzalez was seen at the party the night before drinking a can of beer.
Administrator Pamela Perkins, who approved previous conference expenses, lunched with the group on the sunny afternoon.
City board spokeswoman Valerie Vazquez said eight employees went to the conference to get ready for next year's elections.

EEOC Votes to Revise Rules to Conform to ADA Amendments Act

PRESS RELEASE
6-17-09

COMMISSION VOTES TO REVISE RULES TO CONFORM TO ADA AMENDMENTS ACT

New Regulations Would Make it Easier for People to Establish Disability Under ADA

WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) voted today to revise its regulations to conform to changes made by the ADA Amendments
Act (ADAAA) of 2008, which would make it easier for an individual seeking protection under the ADA to establish that he or she has a disability.

The Commission voted 2-1 to adopt the rules changes, at a public meeting this morning at the agency’s Washington headquarters. The five-member body has
two vacancies.

The rules changes approved today represent an initial stage in the regulatory process and must next go to the Office of Management and Budget for review,
and to federal agencies pursuant to Executive Order 12067, without public comment.

“In approving these proposed regulations, the EEOC today is taking a significant step toward returning the ADA to the broad and strong civil rights statute
that Congress originally intended it to be,” said EEOC Acting Chairman Stuart J. Ishimaru. “The proposed regulations will permit individuals with disabilities
to participate to the fullest extent possible in the American workplace.”

Acting EEOC Vice Chair Christine M. Griffin said, “Today’s vote is historic. These regulations will serve to shift the focus of the courts from further
narrowing the definition of disability and putting it back to where Congress intended when the ADA was enacted in 1990. Courts should now focus on whether
discrimination based on disability is occurring in the workplace. The protections afforded by the ADA AA and these new regulations are important for all
workers including our returning wounded warriors who certainly deserve the right to re-enter a workforce free of discrimination.”

The Americans with Disabilities Act (ADA), an antidiscrimination statute, was signed into law in July 1990. The EEOC is responsible for enforcing Title
I of the ADA, which prohibits employment discrimination against individuals with disabilities. The statute requires employers to make reasonable accommodations
to employees and job applicants with disabilities—defined as people with mental or physical impairments that substantially limit a major life activity,
persons with a record of a disability, or who, while not actually disabled, are regarded as disabled.

The ADA Amendments Act, which went into effect Jan. 1, 2009, makes important changes to the definition of the term "disability" by rejecting the holdings
in several Supreme Court decisions and portions of EEOC's prior ADA regulations. The effect of these changes is to make it easier for an individual seeking
protection under the ADA to establish that he or she has a disability as defined by the ADA. The ADAAA emphasizes that the definition of disability should
be construed in favor of broad coverage of individuals to the maximum extent permitted by the terms of the ADA and generally shall not require extensive
analysis.

The ADAAA also states that Congress expects the EEOC to revise its regulations to conform to changes made by Act, and expressly authorizes the EEOC to do
so.

The EEOC is responsible for enforcing federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site
at
www.eeoc.gov.