Archives for 2014

What do you have to say about the ADA? Share your point of view!

In 2015, the Americans with Disabilities Act will reach a 25-year milestone of having become law. As part of an overall effort to describe the ADA’s role in Minnesota, we want to know the impact of it on your experience as an employer or as a person with a disability who is currently employed or seeking employment.

Be a part of the future of the ADA in MN:

http://tinyurl.com/ADA25employmentMN

Please respond by January 17, 2015!

More about the survey:

Minnesota State Council on Disability contracted with the Improve Group, an external research group from Saint Paul, to study what the employment landscape in Minnesota looks like now that ADA has been law for 25 years. We are asking employers and people with a disability who are employed or seeking employment to complete this survey to inform the public’s understanding of ADA’s impact. The survey asks about the following:

·         Familiarity with ADA and laws regarding employment of people with a disability

·         Opinions about ADA and experiences with employment, job-seeking, and hiring

·         Changes and experience with employers’ Human Resources

·         Best practices regarding employing people with disabilities

·         Basic demographics

We also ask that you share this survey with everyone you know. All opinions count.

You may also request a copy of the study’s final report!

We are excited to learn about your experience with ADA,

– MSCOD

For a list of our partners in planning all 25th ADA events and activities, please click here.

In honor of the 25th anniversary of the ADA, MSCOD is sponsoring a poster contest and a video contest to capture what the ADA means to people around the state of Minnesota. We are now accepting entries!

Posters and videos submitted should creatively address the following question: “How has the ADA impacted society in general or your life in particular?”

Categories for Participation:

·        Students in grades K-4

·        Students in grades 5-8

·        Students in grades 9-12

·        Students in post-secondary education

·        Adults – Professional

·        Adults – Other

Don’t wait too long; all entries must be received by December 15, 2014. For a complete list of rules, go to the 25th Anniversary ADA Poster and Video Contests page. Good luck!

CALL TO ACTION!

Were you or your organization instrumental in the passing of the ADA? Do you know someone who was? How has the ADA positively impacted your life? We want to hear your stories!

To tell us your story, or to let us know how you plan to celebrate the 25th Anniversary of the ADA, contact David Shaw at david.a.shaw@state.mn.us. We hope to hear from you!

ADA SURVEY & FOCUS GROUPS

MSCOD, in collaboration with The Improve Group, is preparing surveys and focus groups to measure what people know about the ADA and how it has impacted employment opportunities for people with disabilities. If you are a person with a disability who works or is looking for work, we would love to hear from you. We would also like to hear from employers about how the ADA has affected the hiring process.

Please contact Dillon Balthaser at DillonB@theimprovegroup.com if you would like to participate in the focus groups, but hurry, space is limited! If we are unable to schedule you into a focus group, we welcome you to take the survey.

HERE’S WHAT WE ARE WORKING ON NEXT

·        Seeking national speakers for an ADA Policy Conference on July 9th, 2015

·        Finalizing details for the July 26th, 2015 ADA 25th Anniversary Celebration at the Minnesota History Center

·        Conducting the ADA survey

·        Creating an historical documentary with TPT about Minnesota’s implementation of the ADA

·        Poster and video contests

MORE DETAILS TO COME!

GET INVOLVED!

Please support our exciting projects as they develop. Volunteer with one of our committees and help plan our celebrations and other activities. Committees meet monthly. Please contact Andrew Mosca at 651-361-7803 or andrew.mosca@state.mn.us for more information about how to become involved.

ABOUT THE ADA 25TH ANNIVERSARY LEGACY PROJECT

The Americans with Disabilities Act (ADA) turns 25 years old on July 26, 2015. The Minnesota State Council on Disability (MSCOD) is planning a number of activities leading up to and marking this historic day.

The MSCOD ADA 25 year Anniversary Legacy Project seeks to preserve and raise awareness of Minnesota’s role in the development of the ADA as well as celebrate Minnesota’s disability cultures in tandem with the 25 year anniversary of the passage of the ADA.

For more information about the Legacy Fund visit http://www.legacy.leg.mn/.

MSCOD’s Legacy Funds are administered by the Minnesota Humanities Center. Learn more about the Minnesota Humanities Center at http://www.minnesotahumanities.org/.

MSCOD’s 25th ADA Celebration Facebook Page

MSCOD’s 25th ADA Celebration Twitter Feed

MSCOD’s 25th ADA Celebration Page

The Minneapolis Star Tribune

October 29, 2014

Article by: DEE DEPASS , Star Tribune

Federal officials are challenging new benefit rules at Honeywell Inc. that create monetary penalties unless employees and spouses take medical tests.

A lawsuit filed by the Equal Employment Opportunity Commission in response to complaints from two Minnesota employees sets up a potential court case over how far employers can go to shift health costs and influence worker behavior. Honeywell is a major employer in the Kansas City area.

The agency said in the suit, filed Monday in U.S. District Court in Minneapolis, that new health screening and penalties at Honeywell violate the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act.

“Employees will be penalized if they or their spouses do not take the biometric tests,” the complaint said.

In response to the suit, Honeywell said its screening program is designed to encourage employees to live more healthfully and thereby create lower health care costs for themselves and the company. The company said the program complies with health care-related laws, including the Affordable Care Act.

The EEOC has requested a temporary injunction to stop the employee testing, which was scheduled to begin last week at various sites across the country.

Like other companies, New Jersey-based Honeywell embraced the so-called wellness movement to prod employees into better shape and to lower health care-related costs.

The EEOC said that Honeywell’s new program creates up to $4,000 in penalties for employees unless they and their spouses take blood and medical tests that can identify smoking, diabetes, high blood pressure, obesity and other health problems. They include the loss of $1,500 in company contributions to health savings accounts, a $500 medical plan surcharge, a $1,000 tobacco surcharge and a $1,000 spousal tobacco surcharge.

The suit is the third one in three months that the EEOC has filed accusing companies of setting up “involuntary” employee medical or wellness programs, said Laurie Vasichek, an attorney for the agency. Honeywell’s tests and threatened penalties go too far because they are not job-related and are not consistent with any business necessity, she said.

“The thing that is important about these cases is not that they are wellness or health programs, but that the company is requiring testing and asking disability questions when it’s not job-related,” Vasichek said. “They can only do that in situations where it’s voluntary for the employee to answer.”

According to the lawsuit, Honeywell announced the new biometric testing program in August and September. The agency received complaints and subsequently asked the company to drop penalties for employees who don’t submit to the tests. Honeywell didn’t agree to that, according to the suit.

In a statement, Honeywell denied any wrongdoing and said the screening and wellness program “are in strict compliance with both HIPAA and the Affordable Care Act’s guidelines.”

The company also said, “The Chicago EEOC office is unfamiliar with the details of our wellness programs and woefully out of step with the health care marketplace and with the core intent of the ACA to provide expanded access and improved health care to all Americans. The incentives in our wellness programs are pro consumer and have delivered demonstrably better health care outcomes for employees and their families.”

Source:  http://www.startribune.com/lifestyle/health/280726482.html

The Hill
October 13, 2014

Here is your October 2014 edition of the MSCOD monthly update on the 25th ADA Anniversary Celebration.

MSCOD’S ADA 25TH ANNIVERSARY LEGACY PROJECT

The Americans with Disabilities Act (ADA) turns 25 years old on July 26, 2015. The Minnesota State Council on Disability (MSCOD) is planning a number of activities leading up to and marking this historic day.

The MSCOD ADA 25 year Anniversary Legacy Project seeks to preserve and raise awareness of Minnesota’s role in the development of the ADA as well as celebrate Minnesota’s disability cultures in tandem with the 25 year anniversary of the passage of the ADA.

For more information about the Legacy Fund visit http://www.legacy.leg.mn/.

MSCOD’s Legacy Funds are administered by the Minnesota Humanities Center. Learn more about the Minnesota Humanities Center at http://www.minnesotahumanities.org/.

CALL TO ACTION!

Were you or your organization instrumental in the passing of the ADA? How has the ADA positively impacted your life? We want to hear your stories!

To tell us your story, or to let us know how you plan to celebrate the 25th Anniversary of the ADA, contact David Shaw at david.a.shaw@state.mn.us. We hope to hear from you!

POSTER & VIDEO CONTEST

In honor of the 25th anniversary of the ADA, MSCOD is sponsoring a poster contest and a video contest to capture what the ADA means to people around the state of Minnesota.

Posters and videos submitted should creatively address the following question: “How has the ADA impacted society in general or your life in particular?”

Categories for Participation:

·        Students in grades K-4

·        Students in grades 5-8

·        Students in grades 9-12

·        Students in post-secondary education

·        Adults – Professional

·        Adults – Other

Learn more about the 25th Anniversary ADA Poster and Video Contests!

NATIONAL ADA LEGACY TOUR

The ADA Legacy Tour kicked off in July, traveling across the country raising awareness for next year’s 25th Anniversary of the ADA!

The tour stopped at St. Paul on August 6-7, and was hosted by the Minnesota Governor’s Council on Developmental Disabilities. For a full list of tour dates and more details on the tour, visit the ADA Legacy Tour page.

HERE’S WHAT WE ARE WORKING ON NEXT

·        Seeking national speakers for an ADA Policy Conference on July 9th, 2015

·        Finalizing details for the July 26th, 2015 ADA 25th Anniversary Celebration at the Minnesota History Center

·        Conducting the ADA survey

·        Creating an historical documentary with TPT about Minnesota’s implementation of the ADA

·        Poster and video contests

MORE DETAILS TO COME!

GET INVOLVED!

Please support our exciting projects as they develop. Volunteer with one of our committees and help plan our celebrations and other activities. Committees meet monthly. Please contact Andrew Mosca at 651-361-7803 or andrew.mosca@state.mn.us for more information about how to become involved.

Enjoy your weekend, Minnesota!

Minnesota State Council on Disability

121 E. 7th Place, Suite 107

St. Paul MN 55101

651.361.7800 (V/TTY)

800.945.8913 (V/TTY)

651.296.5935 (Fax)

Your Policy, Training and Technical Resource

www.disability.state.mn.us

MSCOD’s 25th ADA Celebration Facebook Page

MSCOD’s 25th ADA Celebration Twitter Feed

MSCOD’s 25th ADA Celebration Page

The following information is forwarded to you by the Great Lakes ADA Center (www.adagreatlakes.org) for your information:

The Justice Department published a new technical assistance publication about polling place access for voters with disabilities under the Americans with Disabilities Act (ADA).  The publication, “Solutions for Five Common ADA Access Problems at Polling Places,” is intended to provide election officials with solutions for addressing common barriers for physical access to polling places for voters with disabilities.  The publication is available in HTML and PDF versions on ADA.gov.

Follow the link to download a calendar of the DHHS free diversity trainings.

http://www.dhs.state.mn.us/main/groups/disabilities/documents/defaultcolumns/dhs16_188825.pdf …

Source: US International Council on Disabilities (USICD)

Thank you for all you did during August recess. Today, the Senate returns for a two week work session and they need to continue to hear from you!

Let your Senator know the UN Convention on the Rights of Persons with Disabilities (CRPD) needs to be ratified now – before the end of September!

The opposition is generating calls. Your Senators need to hear from you directly to understand that our community supports this issue.

The Message

We will not wait any longer: the time is now!

Call now. Call often. Spread the word using USICD’s social media guide below, or visit www.disabilitytreaty.org to take action!

Social Media Guide

• Make a sign – it can be a simple piece of paper. Write down that you support CRPD and (if applicable) why. If you have a personal story, use it! Example: I support CRPD because I want my sister with a disability to be able to travel abroad!
• Take a picture of yourself holding up the sign.
• Tweet or Facebook the picture (along with one of the sample tweets below) using the hashtag #CRPD. You can also tweet at your Senator! Find Senator Twitter IDs (PDF).
• Get your friends to do the same!

Access to the State Fair

Bus Changes – You Need to Know!

If you are meeting a friend, family member or personal care attendant at the Minnesota State Fair and you plan to use State Fair busing, please be aware of the following.

All State Fair Express Service ($5 round-trip), charter and Metro Transit Regular Route #960 buses, as well as mostPark & Ride (free round-trip) buses will utilize the new Transit Hub located by the new West End Market.

The Oscar Johnson Arena Park & Ride lot offering free round-trip rides exclusively for fair guests with disabilities and their companions is located off Energy Park Drive, east of Snelling Avenue on DeCourcy Circle. Accessible buses servicing the Oscar Johnson Arena Park & Ride lot will still drop-off and pick-up at the Como Avenue Loop Gate #9 (same location as in past years).

The Metro Mobility pick-up and drop-off will remain at the Como Avenue Loop Gate #9, as well.  An additional Metro Mobility drop-off and pick-up site is now located on the north end of the fairgrounds off of Hoyt Avenue.

The link to all transportation information on the fair’s website: http://www.mnstatefair.org/general_info/get_here.html

There will be wheelchair & scooter rentals at the new Transit Hub, Como Avenue – Metro Mobility location and the Hoyt Avenue – Metro Mobility location.

For additional State Fair information please follow the attached link: https://www.metrotransit.org/metro-transit-providing-affordable-convenient-rides-to-the-state-fair

STATE OF MINNESOTA
EXECUTIVE DEPARTMENT
MARK DAYTON
GOVERNOR
Executive Order 14-14

Providing for Increased State Employment of Individuals with Disabilities

I, Mark Dayton, Governor of the State of Minnesota, by virtue of the authority vested in me by the
Constitution and the applicable statutes, do hereby issue this Executive Order:

Whereas, the State of Minnesota, the state’s largest employer, can serve as a model for the employment of
individuals with disabilities through improved recruitment, hiring, and retention;

Whereas, the Governor’s Workforce Development Council identified individuals with disabilities as an
underutilized source of talent necessary to meet workforce needs;

Whereas, the percentage of state employees self-identified as having a disability declined from
approximately 10% in 1999 to less than 4% in 2013;

Whereas, the State of Minnesota has the responsibility to ensure that its workforce reflects the diversity of
the state’s population and is able to meet projected workforce shortages by ensuring all qualified individuals
are recruited and retained;

Whereas, to be competitive in the global economy, the State of Minnesota must use the talents and
important contributions of all workers, including individuals with disabilities; and

Whereas, Executive Order 13-01 appointed and charged an Olmstead Sub-Cabinet to swiftly implement
standards set forth in the Olmstead decision and the mandates of Title II of the Americans with Disabilities
Act (ADA) through coordinated efforts of designated State agencies. These efforts must ensure that all
Minnesotans have the opportunity, both now and in the future, to live close to their families and friends, to
live more independently, to engage in productive employment, and to participate in community life.

Now, Therefore, I hereby order that:
1) In accordance with Minnesota Statutes, section 43A.19, all Executive Branch Agencies use
their best efforts to comply with the Affirmative Action Goals set by Minnesota
Management and Budget (MMB) stating that state agencies are to increase employment for
people with disabilities to at least seven percent by August, 2018.

2) Within 120 days of this order, the Commissioner of MMB, Assistant Commissioner of
Enterprise and Human Resources, and the State Director for Equal Opportunity, Diversity
and Inclusion will design a model for recruitment and hiring strategies to increase
employment of people with disabilities. These strategies will include required training
programs for hiring managers and human resources personnel, and are to include clear
benchmarks to ensure implementation of this order.

3) Each Executive Branch Agency develops an agency plan for promoting employment
opportunities for individuals with disabilities. The plans are to include specific recruitment
and training programs for employment. Plans should be developed in consultation with the
Commissioner of MMB, and are to include clear performance targets and goals.

4) In implementing their plans, Executive Branch Agencies, to the extent possible and
permitted by law, should use an on-the-job demonstration process pursuant to Minnesota
Statutes, section 43A.15, subdivision 14. Additionally, MMB will work with Executive
Branch Agencies to increase awareness of supported work and the 700-hour program which
provides trial work experience, internship, and student worker opportunities for persons with
significant disabilities.

5) Through the implementation of revised hiring processes, MMB should collaborate with
Minnesota IT Services to update hiring tools and ensure accessibility and usability for all
people with disabilities applying for state jobs.

6) Within 120 days, the Commissioner of MMB shall implement a system for reporting
quarterly to the Governor on the progress of individual Executive Branch Agencies in
implementing their plans. MMB, to the extent permitted by law, shall compile and post on
its website government-wide statistics on the progress made toward achieving the goals set
forth in this order.

7) In keeping with the direction of the Olmstead Sub-Cabinet, every Executive Branch Agency
will continue to report on competitive employment hiring financed by federal and state
funding. This information should be compiled and shared publically on each agency’s
website.

8) Members of the State Disability Agency Forum are to serve as advisors to the Commissioner
of MMB, monitor the progress of the order, and make recommendations that help the state
achieve its recruitment, retention, and hiring goals.

9) MMB should develop a procedure for Executive Branch Agencies to consult with MMB for
final resolution prior to denying any applicant or employee reasonable accommodation due
to lack of funding. MMB will work with agencies to improve the agencies’ understanding
of their responsibilities under the Americans with Disabilities Act and Minnesota Statutes,
section 43A.191, subdivision 2(b)(3). The cost of reasonable accommodations and
accessibility should not be a deterrent to hiring qualified individuals.

10) General Provisions
a. This order should be implemented consistent with Minnesota Statutes, section
43A.19. It should not be constructed to require any state employee to disclose
disability status involuntarily.

b. This order is not intended to, and does not, create any right or benefit, substantive
or procedural, enforceable at law or in equity by any party against the state of
Minnesota, its departments, agencies, or entities, its officers, employees, or
agents, or any other person.

Pursuant to Minnesota Statutes, section 4.035, subdivision 2, this Order shall be effective fifteen (15) days
after publication in the State Register and filing with the Secretary of State, and shall remain in effect until
rescinded by proper authority or it expires in accordance with Minnesota Statutes, section 4.035, subdivision 3.

In Testimony Whereof, I have set my hand on this 4th day of August, 2014.

Filed According to Law:
Mark Ritchie
Secretary of State