"STILL HAS TEETH"
The ADA Is Still a Powerful Tool for People with Disabilities

In recent years Disability Advocates have been very disappointed with the courts dismantling of some of the key provisions afforded by the ADA. Two recent decisions, however, prove that the ADA still has some teeth.

The Memphis Independent Living Center brought suit against 10 Memphis firms, which had built five inaccessible apartment complexes, openly flaunting the provisions of Title 3 of the ADA. In a resounding denunciation of these flagrant violations, the court threw the book at the developers. The court ordered that the firms retrofit 375 units, set aside $260,000 in a fund to compensate individuals wronged by the firms and pay the Memphis Independent Living Center $20,000. Once again the IL philosophy leads the way in advocating for the rights of people with disabilities.

Another area where the courts have repeatedly failed to uphold the ADA 's anti-discrimination provisions is employment. Even here there is some cause for rejoicing. A New Orleans jury has returned a $1.29 million verdict against manufacturing giant E.I. DuPont. Laura Barrios had worked for DuPont for more than eighteen years. In spite of severe disabilities, including scoliosis, lumbar spinal stenosis, neurogenic bladder and reactive depression, she continued to do her work in a variety of positions as a lab operator, lab trainer and most recently a secretarial post. Then DuPont decided she could no longer do her job and set out to prove it by putting Ms. Barrios through a spate of rigorous tests which were unrelated to her job. Finally the company used the old pretext that she was a safety threat to herself and to her fellow employees. The jury saw through the subterfuge and awarded the $1.29 million judgment. "All I wanted was to do my job," said Ms. Barrios. Perhaps this verdict will stand and the message will be heard loud and clear: the courts won't stand for employment discrimination based on disability.

Medicaid Buy-In

If you are employed and have a disability you may be eligible for Medicaid services. Generally people who are employed do not qualify for Medicaid services because of the income limit. For example, a family of three making more than $959.00 a month will loose their regular Medicaid benefits. However, since individuals with disabilities tend to have greater medical costs, Congress has created an incentive for people to continue working. Effective immediately, The Medicaid Buy In program (MBI) offers Medicaid coverage to individuals and families who make more than the regular Medicaid income limit. MBI covers a wide range of services including, but not limited to home health services, medical transportation, prescription drugs, and mental health services. To be eligible for MBI, you must be currently employed, a person with disabilities and be between the ages of 16 and 65. At the present time, you do not have to pay anything to qualify.