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Disability Rights

Register to Vote

Vote

Are you registered to vote? National Voter Registration Day on September 17, 2024 is a good day to check. If you’re thinking why bother, read on to find out why voting matters and how voters with disabilities are protected.

R ─ REGISTER to vote prior to rolls closing for the November general election. If you don’t know the registration cut-off date, find the date in your State by clicking on this link, https://www.vote.org/voter-registration-deadlines/

E ─ EQUAL access to facilities and equipment is required. This includes the same opportunity for private and independent voting. Accessible voting machines—equipped with earphones and other modifications—must not only be in the precinct, but must also be ready to use.

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G ─ GUIDE your vote with background information from an organization you trust.

I ─ IDENTIFY issues that are important to you and vote accordingly.

S ─ SEIZE the opportunity to voice your opinion in a way that counts.

T ─ TOUGH choices in troubled times is no excuse for not voting.

E ─ EXERCISE your right to vote and see change happen.

R ─ RESPECT for a voter’s pace and space is given.For example, election workers are trained tospeakwith a typical voice volume, tone and age appropriate subject matter and to allow voters to move at their own pace.

T ─ Tear through the trial of long lines, or people not wearing masks, and vote early or by mail.

O ─ OUTNUMBERthose with opposing views by casting your ballot.

V ─ VOTE because federal laws—the Americans with Disabilities Act and Help America Vote Act—protect the voting rights of people with disabilities.

In the 2018 midterm election, 20% of voters either had a disability or lived with someone who had a disability? Vote and be sure that our powerful voting bloc is heard.

O ─ ONE vote can make the difference between winning and losing an election. Google it and you’ll see. Tie votes have been broken by pulling a name out of a hat, a coin toss, or drawing the highest card. Don’t surrender your vote to chance!

T ─ TRAINING of election workers is mandated to promote access and participation of individuals with disabilities. Local disability advocates often conduct this training. For ten years, I provided disability sensitivity training to election workers on terminology, communication, respect, and access issues.

E ─ EDUCATE yourself on candidate platforms, referendums, and proposed amendments.

Image Credit: ELLE RITTER from Pixabay

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Disability Rights

Halt Traffic Violence to Vulnerable Pedestrians with ADA Enforcement

Pedestrian crossing

The equivalent of more than three Boeing 737s full of people fell from the sky every month in 2022.” Smart Growth America.

This analogy highlights the tragedy of 7,508 pedestrian deaths, the highest number in 40 years. Among the deceased were those vulnerable to traffic violence—people with dwarfism, users of wheelchairs and mobility scooters, and those age 50 plus. Consequently, week 2 (June 9-15) of National Safety Month’s focus on Roadway Safety is the ideal time to zoom in on pedestrian safety.

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As a person who fits all three of these vulnerable categories, I’m well aware of danger when crossing the street or walking behind cars in a parking lot. I’m invisible to drivers and can’t walk or ride fast enough to escape vehicles hurtling towards me or backing out of a parking space. The risk of harm is not exaggerated. I know two Past Presidents of Little People of America who were pedestrian accident victims: Mary was killed and Marge was seriously injured.

In 2024 alone, America’s media is replete with reports of fatal collisions between vehicles and pedestrians using a wheelchair or mobility scooter. Georgetown University research in 2015 revealed that crashes are 36 percent more likely to kill a pedestrian using a wheelchair than pedestrians on foot. This is possibly explained by the torso and head of a wheelchair user or Little Person being struck directly compared to a walking pedestrian being slammed in the thighs and pelvis area.

So let’s look at what makes pedestrians of short stature, traversing on wheels, or aging more vulnerable to traffic violence:

  • More time to cross is needed and current traffic light timings are set to the average walking speed of a younger person without physical disabilities.
  • It’s harder to be seen by drivers especially when lighting is poor.
  • Inability to react as quickly as walking pedestrians.
  • Wheelchair users are often forced to ride on streets when sidewalks are either nonexistent or in disrepair; or curb cuts are either absent or blocked by parked vehicles.
  • Stiff joints and muscles make it harder to check traffic.

Smart Growth America has concluded that “This epidemic continues to grow worse because our nation’s streets are dangerous by design, designed primarily to move cars quickly at the expense of keeping everyone safe.”Yet Title II of the Americans with Disabilities Act (ADA)—a comprehensive disabilities civil rights law—is designed to prohibit disability discrimination by states and local governments. As a result, such entities must design roads, sidewalks, curbs, crosswalks, and other infrastructure, to be accessible to people with disabilities.

In addition to vulnerable pedestrians following road rules and taking precautions to be seen by drivers, let’s advocate for accessible communities as follows:

  • Contact your Public Works Department about sidewalks, signals, and signs needing improvement.
  • Write a letter to the editor of your newspaper.
  • Contact your Mayor, City Council, or County Commission and ask for a Walkable Community Program and ADA enforcement.
  • Join a citizen’s pedestrian committee.
  • Whatever else comes to mind.

Image credit: Pexels from Pixabay

This post was informed by the following resources:

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Disability Rights

The History of the 504 Sit-In

SF Sit in
Hundreds of disabled protestors and allies gather in San Francisco’s Civic Center Plaza – Image Credit: The Disability Rights Education and Defense Fund

On April 5, 1977, a group of people with disabilities staged a sit-in protest in San Francisco to demand greater accessibility and accommodations for people with disabilities. This historic protest became known as the “504 Sit-in.” Although there were disability protests and Sit-ins across the country, San Francisco’s was the longest.

The protests were sparked by the government’s failure to implement Section 504 of the Rehabilitation Act of 1973 (Section 504), the first major disability rights legislation. Section 504 prohibited discrimination against people with disabilities in federal programs and activities receiving federal funding.

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Despite Section 504 being signed into law by President Richard Nixon, Section 504 was not enforced for four years. This was in large part due to businesses and organizations lobbying against implementation, arguing that it was burdensome and unfair to expect them to implement accessibility or lose federal funding. 

One of the 504 Sit-in participants Corbett Joan O’Toole shared, “At that time in history, there was simply no access—no right to an education, no public transit. You couldn’t get into a library or city hall, much less a courtroom.” Disabled people wanted to see the government committed to disability inclusion and access. The disabled activists warned that if Joseph A. Califano Jr., who served as the Secretary of Health, Education, and Welfare (HEW) during President Jimmy Carter’s administration, didn’t take action by April 4th, nationwide protests would ensue. 

On April 4th, 1977, after the government did not sign the regulations into law, protests took place all over the country. In San Francisco, over 500 disabled individuals and their allies attended a rally on San Francisco’s Civic Center Plaza. Most of the protests happening across the country ended that day. But after the San Francisco rally, nearly 150 people with disabilities streamed into the HEW Federal Building and over 120 activists occupied the building, and refused to leave until their demands were met, even when threatened with arrest and eviction. 

Government officials attempted to remove the activists from the building by cutting the phone lines and denying them food, water, medicine, and more. But the disabled protestors used sign language to communicate through the windows of the building to work with allied groups to get food, medicine, blankets, and more.  Support came from a wide range of organizations and individuals, including labor unions, religious groups, civil rights activists, and the Black Panthers.

After two weeks of protesting, a group of Sit-in activists journeyed to Washington D.C. to intensify their efforts against Califano. They organized candlelight vigils outside of his residence and attempted to enter his office building by forcefully pushing their wheelchairs against the doors when their request for entry was denied. While in the capitol, Judy Heumann addressed congressional representatives and reporters:

I can tell you that every time you raise issues of ‘separate but equal,’ the outrage of disabled individuals across this country is going to . . . be ignited. There will be more takeovers of buildings until finally maybe you begin to understand our position. We will no longer allow the government to oppress disabled individuals. We want the law enforced.” 

After 28 days of the Sit-in and consistent pressure from the protestors, Califano finally signed Section 504 regulations. This protest also helped pave the way for the Americans with Disabilities Act of 1990 which expanded disability rights protections to the private sector and State and local governments. 

As Kitty Cone shares, the Sit-ins were “the public birth of the disability rights movement. . . For the first time, disability really was looked at as an issue of civil rights rather than an issue of charity and rehabilitation at best, pity at worst.”

Today, the legacy of the 504 Sit-in lives on, as people with disabilities continue to fight for equal access and accommodations in all aspects of society. The protest was a powerful reminder of the importance of standing up for one’s rights and fighting for change, even in the face of adversity. 

This post is a condensed version of a blog post by Maddie Crowley. “Disability History: The 1977 504 Sit-In,” https://disabilityrightsflorida.org/blog/entry/504-sit-in-history. It is republished with permission from the author and Disability Rights Florida.

Categories
Disability Rights

SSA Overpayment Relief

SSA logo

Social Security Administration (SSA) overpayment cases were stressful for beneficiaries and time-consuming for me as a disability advocate. For example, in the course of one year, Linda received several letters from the SSA claiming that she had been overpaid amounts ranging from $9,425 to $18,586. The SSA didn’t explain why the amount for which they claimed repayment kept increasing. Linda was on the verge of a breakdown when SSA sent a letter saying that she wouldn’t receive any benefit payment the next month. Linda had lost one home to Hurricane Frances—she didn’t want to lose her current home to a mortgage foreclosure. Sharon, another beneficiary with insurmountable overpayment SSA letters, was suicidal.

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I worked with both Linda and Sharon—and other beneficiaries—trying to piece together records that might account for the overpayments that racked up when they temporarily returned to work and the SSA continued to make benefit payments. The SSA is notorious for waiting years before sending overpayment letters. In the meantime, the benefit amounts received were spent and records were lost. After spending time with some of these beneficiaries, I found that locating copies of letters—the ones beneficiaries said they sent the SSA reporting the times they returned to work—was a lost cause.

I typically settled on a practical solution and made Requests for Waiver of Overpayment Recovery or a Change in the Repayment Rate. An SSA-contracted benefits consultant was skeptical about the SSA’s willingness to reduce the monthly repayment amount any lower than $75 a month. He marveled when I negotiated $50 per month withholding for Linda and $25 for Sharon.

            Almost 15 years later—under the direction of newly appointed Commissioner of Social Security, Martin O’Malley—the SSA announced that, effective March 25, 2024, it will decrease the default overpayment withholding rate for Social Security beneficiaries to ten percent (or $10, whichever is greater) from 100 percent. The goal is to ensure SSA overpayment policies are fair, equitable, and do not unduly harm anyone. O’Malley described it as “unconscionable that someone would find themselves facing homelessness or unable to pay bills, because Social Security withheld their entire payment for recovery of an overpayment.” (Limited exceptions to this change, such as when an overpayment resulted from fraud.)

The change applies to new overpayments.  If beneficiaries already have an overpayment withholding rate greater than ten percent and want a lower recovery rate, they too should call the SSA at 1-800-772-1213 or their local SSA office to speak with a representative.

Beneficiaries retain the right to appeal the overpayment decision or the amount.  They can ask the SSA to waive collection of the overpayment, if they believe it was not their fault and can’t afford to pay it back.

And O’Malley has brought even more good news. The burden of proof for a clawback of an overpayment will shift from the beneficiary to the SSA! Oh how Linda and Sharon would have benefited from this rule. And other reforms are being considered, such as a statute of limitations on clawbacks.

This post is based on a condensed version of Chapter 19, Social Security Benefits Representation in “ALWAYS AN ADVOCATE[MOU1] : Champions of Change for People with Dwarfism and Disabilities” by Angela Muir Van Etten and a March 29, 2024 announcement by Jeffrey Buckner, Acting Deputy Commissioner for Communications, reducing the Overpayment Recovery Rate to 10 Percent.

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Disability Rights

AIRLINE PASSENGERS with DISABILITIES have RIGHTS: What’s in Our Bill?

Deplaning

What do you mean my scooter must fly on a different plane from me? No, I have rights!” Many of my rights are documented in the 232 year-old Bill of Rights amending the United States Constitution. But more pertinent to my right to travel on the same plane as my scooter is the 18 month old Airline Passengers with Disabilities Bill of Rights. This bill codifies fundamental rights created by the Air Carrier Access Act directing airlines from the United States, foreign airlines operating in the U.S., and airline service contractors to honor passenger rights to:

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  1. Dignity and Respect

Although passengers shouldn’t be forced to accept special services or subjected to restrictions not imposed on other passengers, asking for early check-in, advanced notice or documentation, or pre-boarding to receive certain disability-related services is permitted.

2. Information About Available Services and Aircraft Capabilities and Limitations

The information must be specific to the aircraft scheduled for the flight, unless unfeasible, and include accommodation limitations involving level-entry boarding, aircraft storage, and accessible lavatories, for example.

3. Information in an Accessible Format

Aircraft size, passenger counts, and installation dates affect access requirements for websites and automated kiosks. Passengers who identify as needing visual or hearing assistance must receive prompt access to the same trip information as other passengers.

4. Accessible Airport Facilities

An accessible route between the gate and aircraft boarding location is required. When level-entry boarding is unavailable, ramps or mechanical lifts must service most flights. Service animal airport relief areas are also required.

5. Assistance at Airports

Trained airline personnel must provide timely enplaning and deplaning help using wheelchairs, accessible motorized carts, and ramps or lifts to move to and from the curb to departing or arriving flights, between gates, and to baggage claim or a restroom entrance.

6. Assistance on the Aircraft

If passengers self-identify as needing additional time or assistance to board, stow accessibility equipment, or be seated they must be allowed to board before all other passengers. On board help includes moving to and from seats or the lavatory and stowing and retrieving carry-on items.

7. Travel with an Assistive Device or Service Animal

Assistive devices typically count as free cabin carry-ons. Wheelchairs must be transported subject to safety, security, and size requirements. Compensation is required for lost, damaged, or destroyed wheelchairs or assistive devices. Service dogs may accompany passengers unless exceptions apply.

8. Seating Accommodations

Seats with a movable aisle armrest, space for a service animal, more leg room, or adjoining a personal care assistant must be given to passengers who identify to airline personnel if the seat exists on the same class of service.

9. Accessible Aircraft Features

New aircraft delivered after designated dates must comply with standards for movable aisle armrests, priority in-cabin wheelchair stowage space, accessible lavatories, and on-board wheelchairs.

10. Resolution of Disability-Related Issue

An expert Complaint Resolution Official must be available to resolve disability-related issues, including on the spot decisions. Passenger complaint procedures are outlined for airlines and applicable federal agencies.

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Disability Rights

PATIENTS HAVE RIGHTS: What’s in Their Bill?

bill of rights

Hey, you can’t do that to me, I have rights!” And, on December 15, I’ll celebrate the rights enumerated in the 232 year-old Bill of Rights. Among these first ten amendments to the United States Constitution, Americans enjoy freedoms relating to religion, speech, assembly, bearing arms, search and seizure, prosecution, and punishment.

In recent history, a custom Bill of Rights has been written for various people, including children, passengers, patients, tenants, and taxpayers. Given my husband Robert’s 8-day October stint in hospital, this post focuses on a Patient’s Bill of Rights.

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As expected, a statement of Patient Rights and Responsibilities provides for nondiscriminatory care regardless of classification in a protected class like age, race, socioeconomic status, religion, or disability. Surprisingly I found introductory text (not part of the Patient’s Rights statement) limiting patient protections to those who are “sick or injured” and referring to disabilities as “challenges”—an inaccurate euphemism shading disability as a problem to overcome.

Robert’s rights were mostly respected during his stay as shown below:

  • His refusal to allow an ER doctor to insert an IV in the bone of his upper arm was accepted.
  • His interest in pastoral care was documented when he was being processed for hospital admission. As a result, he was visited by both his own church pastor and the hospital chaplain.
  • Communication between Robert and health care staff was facilitated by ensuring that he had access to his hearing aids.
  • The reasons for his transfer from a regular room to the Progressive Care Unit, staffed by ICU nurses, was explained.
  • He was informed and participated in decisions affecting his care, health status, services and treatment.
  • He was permitted to choose his spouse to assist him in care, treatment, and service decisions.
  • He was told what he needed to know about his health condition after hospital discharge.

However, the following rights were disrespected:

  • A hospital doctor did not inform Robert of the risks associated with inserting an IV in a vein in his upper arm in the location that might be needed for future kidney dialysis treatments. This was especially egregious given that Robert has stage four kidney disease and his treating physician would not have agreed to using this vein.
  • A nurse threatened the equivalent of a physical restraint when she chastised Robert for exiting a recliner chair without staff supervision. She treated Robert like a child when she threatened the consequence of putting him back in bed so that he couldn’t get up independently. Her issue was more about a staffing shortage than safety!
  • Individual dignity was trashed when he had to lay in his own excrement for an extended period of time after being plied with laxatives and a suppository.

Finally, even though Robert had a say in who could visit him, an out-of-reach handset prevented his wife from calling to request entry into the ICU. A Bill of Rights should provide accessibility to a patient’s disabled visitors.

Please share how well your rights as a patient have been protected.

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Disability Rights

Special Education Mandate Honored

1st day of school
Younger brother looks on at his sister all ready for her first day of school

December is a month full of days to commemorate: Special Education, Pearl Harbor Remembrance, Hanukkah, Christmas, Kwanza, to name a few. Some days have been honored for centuries, others only for decades. Take, for example, Special Education Day added to the calendar on December 2, 2005 to celebrate the 30th anniversary of President Ford signing the Education for All Handicapped Children Act of 1975 (later renamed the Individuals with Disabilities Education Act (IDEA)).

As with many civil rights laws, the impetus for IDEA began with a lawsuit. The 1971

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class action case, Mills vs. Board of Education, District of Columbia, claimed that the Defendants denied students with various disabilities access to publicly funded education with no alternative placement. The court ruled for the Plaintiffs—348 F. Supp. 866, 871 (D.C. Cir. 1972) on August 1, 1972—and followed Brown v. Board of Education, 347 U.S. 483, 493 (1954) in finding that public education is “a right which must be made available to all on equal terms.”

IDEA is a monumental piece of legislation that changed the course of history for students with disabilities. It guarantees a free appropriate public education in the least restrictive environment to children with the disabilities listed in 34 CFR § 300.8(a)(1)—impairments involving the intellect, hearing, speech or language, vision, an “emotional disturbance,” orthopedic, autism, traumatic brain injury, other health impairment, a specific learning disability, deaf-blindness, or multiple disabilities—who, by reason thereof, need special education and related services.

Before IDEA, federal law did not require American schools to accommodate students with disabilities, and many disabled students received little to no education. The same scenario played out for Little People where I grew up in New Zealand. For example, Lillian was not sent to school until she was nine years old, and then for only six years. Danielle dropped out at age 12. Both were academically capable of completing a full education program, but because of their short stature they were denied this opportunity. Indeed, the paternal decision not to advance Danielle from elementary to high school was intended to protect her from teasing.

I am grateful for a totally different educational experience. At age five, I was mainstreamed in public school with other kids my age. There was no reason not to. My size did not affect my ability or intelligence. Physical limitations could be accommodated and dealing with the teasing of other children was something I would have to learn sooner or later.

I also appreciate that the accommodations I received did not separate me from other kids. For example, in 12th grade, my teacher found a creative way to include me in our geography field trip to a farm. She first considered a horse as my transport, but decided it would be too much for the horse! I was the envy of every kid in the class when Alan, a boy in my class, was co-opted to ride me around the farm on his trail bike.

So how does your experience with special education encourage this celebration?

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Disability Rights

Van Accessible Parking Predicament

Van access aisle

Hugo—our wheelchair accessible van—has removed the physical stress of boarding Robert and our two scooters into our vehicle. It has also added a new challenge—finding van accessible parking. The trouble arises because the Americans with Disabilities Act (ADA) only requires one out of every six accessible parking spaces to be van accessible i.e. to provide an adjacent access aisle wide enough for a

 

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side ramp to be deployed. The ADA allows two van accessible parking spaces to share a common access aisle but, when the access aisle is on the side of the van opposite to the ramp, precision driving is needed to reverse into the space.

As a result, we need to allow more time when planning an outing. For one thing we might need to drive around the parking lot waiting for and praying that a van accessible space opens up. Parking in a regular accessible space doesn’t solve the problem because unless we can put down the ramp we can’t exit or reenter the van. So with extra time here’s how we have handled various parking predicaments.

In one large parking lot, we frequently find a van accessible space in the parking lane furthest away from the entrance, but then we need extra time for Robert to scooter into the building at a speed slow enough for me to walk beside him. In another large parking lot with no far away van accessible spaces, we have straddled two regular spaces thereby forcing neighboring vehicles to park in the next space over and leave us space to put down the ramp.

Smaller parking lots can be tricky and parking depends on the layout. At one of Robert’s doctor’s offices we have parked in a regular space that borders the driveway. At a dental office, I parked two wheels on the sidewalk to make room for the ramp in the parking space. When visiting Robert’s brother in a rehabilitation facility, I risked getting towed by parking in the driveway and putting the ramp down on the sidewalk.

At an imaging center, I had no choice but to park in a regular spot next to an open space. But when I went inside I asked if they had a red cone I could use to reserve this space. They didn’t, but assured me that if someone parked next to me they’d find the driver and get them to move their car when I was ready to leave. At a durable medical equipment appointment, the manager did ask a driver to move her car so we could deploy the ramp to get back into the van. Of course, asking someone to move their vehicle is only an option at a venue where it’s possible to find the driver!

Thank you for resisting the temptation to park in an access aisle.

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Disability Rights

Calling Disabled Candidates to Help America Vote

I voted
Photo by Parker Johnson on Unsplash

Debates, fundraising, polling, and campaigning confirm that America is full swing into election season. And there’s another year before the general election on November 5, 2024! Who knows what controversies will arise between now and then.

The 2000 presidential election controversy instigated passage of the Help America Vote Act on October 29, 2002. The law funded replacement of outmoded voting equipment and created the Election Assistance Commission.

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Under a lesser known provision, States and local governments can receive payments to make polling places accessible to individuals with disabilities and train election officials, poll workers, and volunteers on how best to promote access and participation of people with disabilities in federal elections. (Discussed in Chapter 17 of my book, Always an Advocate, https://angelamuirvanetten.com/always-an-advocate/.)

But none of these reforms winnow the field to the candidate that will truly represent the interests of their constituency. Even though candidates bend over backwards to identify with potential voters by sharing details of their family, education, employment, gender, and race, how many candidates identify with disability? Very few. So let’s add another help to encourage people with disabilities to vote—more candidates with disability lived experience.

This post shares details of four people with dwarfism who serve as candidate role models.

Lee Kitchens—a dwarf with Spondyloepiphyseal Dysplasia—was a two-term alderman and five-term mayor of Ransom Canyon, Texas where City Hall is situated on 24 Lee Kitchens Drive! His Bachelor of Science in Electrical Engineering took him to a distinguished career with Texas Instruments and teaching at Texas Tech University. He twice served as Little People of America President and co-founded the Coalition of Texans with Disabilities.

Joe Roach—a dwarf with Achondroplasia—a three-term Houston city councilor, was the first dwarf elected to office in a major American city. Prior to his election, Joe was an acclaimed prosecutor in the Harris County District Attorney’s Office. He wanted to be known as a good council member or a bad council member not as a “Republican midget,” as an affirmative action program manager called him; she was rebuked with a 3-day suspension without pay.

Tony Soares—a dwarf with Achondroplasia—served on the Hoboken, New Jersey, City Council for eight years. He was elected while working as an advertising executive and defeated an opponent who didn’t take him seriously. He founded and led Hoboken’s Reform movement and won respect for his persuasiveness. After stepping aside from a mayoral race, one supporter later imagined Hoboken with Mayor Soares leading it instead of the “unqualified idiots” who served after him.

James Lusted—a 43-inch dwarf with Diastrophic Dysplasia—is the first dwarf councilor elected in the United Kingdom. He represents Rhos-on-Sea, on the Conwy County Borough Council in North Wales. This actor and TV presenter is a member of the Dwarf Sports Association and carried the Olympic torch through his hometown. His appointment as the Leader’s Disability Champion gives him a nationwide platform to encourage the participation of people with disabilities in public life.

How about you? Are you brave enough to throw your hat in the ring?

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Disability Rights

Is Dwarfism a Disability Under the ADAAA?

Reserved 4 disabled

Many little people don’t consider themselves “disabled,” because they are independent and productive citizens. In contrast, others assume their dwarfism automatically qualifies them as having a protected disability under the Americans with Disabilities Act (ADA). In either case, disability self-perception is not determinative. Rather, it’s a case of whether the individual meets the disability criteria defined in this landmark civil rights legislation.

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On September 25, 2008, President George W. Bush signed the ADA Amendments Act of 2008 (ADAAA) 18 years after his father, President George H. W. Bush, signed the ADA. The amendment was necessary because the Supreme Court of the United States (SCOTUS) perception of disability under the ADA was too narrow. The ADAAA overrides past SCOTUS interpretations decreeing that the disability definition should be construed broadly to make it easier for individuals to establish they have a protected disability.

So what is the criteria for showing that dwarfism is covered under the ADAAA? A “yes” answer to any one of the following three questions means you’re protected.

  • Do you have an impairment that substantially limits one or more major life activities?
  • Do you have a record of such an impairment?
  • Are you regarded as having an impairment even though you don’t?

It’s not about a diagnosis, but rather whether an impairment substantially limits the ability of an individual to perform a major life activity as compared to most people in the general population. This requires an individualized assessment.

The ADAAA (42 U.S.C. § 12102) and regulations of the United States Department of Justice (28 C.F.R. §§35.108, 36.105) and Equal Employment Opportunity Commission (EEOC, 29 C.F.R. § 1630.2) spell out how the disability definition should be construed. Non exhaustive lists define “physical or mental impairment,” substantially limits,” and “major life activities.” As a little person with Larsen’s Syndrome I can pick pertinent traits from these lists to demonstrate my disability under the ADAAA. For instance, my physiological disorder (1) affects my musculoskeletal, respiratory, and cardiovascular body systems; (2) substantially limits my major life activities of walking, sleeping, standing, reaching, lifting, bending, breathing; and (3) affects normal cell growth. People with dwarfism and other disabilities can also pick from these lists to show how they meet the ADAAA disability definition.

Thankfully many people with dwarfism have qualified for ADAAA protection. Here are a few examples:

  • An applicant was compensated $20,000 after being denied a purchasing manager position because he didn’t have a driver’s license even though having a license was not an essential job function. United States vs. York County, South Carolina (2019).
  • A nine year old boy received compensatory damages from a youth wrestling league that failed to modify their policy to allow him to “play down” one age division so he could compete with wrestlers closer to his weight and size. B.K. vs. Pikes Peak Wrestling League (2016). 
  • Starbucks agreed to pay $75,000 to a trainee after denying a reasonable accommodation during training and then refusing to hire her (2012).

So let’s reframe the question. Are YOU disabled under the ADAAA? Check the regulations (cited above) to find out.

You may also want to read other ADA blog posts by Angela Muir Van Etten:

Employment note:

Under its affirmative action rules, the EEOC treats dwarfism as a targeted disability because dwarfs face significant barriers to employment, above and beyond the barriers faced by people with the broader range of disabilities, see “Questions & Answers: The EEOC’s Final Rule on Affirmative Action for People with Disabilities in Federal Employment.” January 3, 2017. https://www.eeoc.gov/laws/guidance/questions-answers-eeocs-final-rule-affirmative-action-people-disabilities-federal