Law Spotlight: Acheson v. Laufer Infographic

In December 2023, The Supreme Court of the United States heard Acheson v. Laufer regarding whether ADA ‘testers’ can ensure public entities’ comply with disability and civil rights laws. To read more about this case, check out Disability Activists Closely Watch SCOTUS Case and ADA Supreme Court Case Update: Acheson v. Laufer.

Blue infographic: Acheson v. Laufer
Image of a hotel. Text reads: About the Case: Deborah Laugher, a disabled woman filed a lawsuit against Acheson Hotels. In this lawsuit, Laufer said that the hotel website was not accessible under the Americans with Disabilities Act (ADA). 
Image of the Supreme Court. Text reads: Issue of the case: whether testers can ensure public entitities comply with disability and civil rights laws and also have standing to Sui an establishment for violating the ADA, despite not intending to personally visit the establishment. 
Image of a group of people in different shades of pink. Text: What are Testers? Testers are individuals that judge the accessibility of a website or location to make sure it meets ADA regulations. Testers are preferred by many disability advocates due to time constraints. Image of gavel. text: SCOTUS Holding: In December 2023, the Supreme Court of the United States (SCOTUS) ruled that the case was moot. Fiding a case moot means that the case no longer required a decision because a solution was found. Image of a judge with gavel in hand. Text: Meaning of Ruling: lower courts, not SCOTUS, will decide if people can be testers for the ADA or not. This means that some states and circuits may allow testers for the ADA, while others will not. 
Image of the scales of justice. text: affect of Ruling: the positive impact is that the SCOTUS decision did not change the ADA in any way. The negative impact is that it still leaves the question of whether we can have testers for compliance with the ADA or not. 
The National Center for Disability, Equity, and Intersectionality
www.Thinkequitable.com

Valentines Day Call for Stories

Top of Image is of cut out paper hearts of different sizes on a clothes pins on a string
Text reads: Valentines Day is On the Way
We want to hear your best and worst dating stories! Send us a video, email, or tag us on social media with the good, the bad, and the ugly in your dating life. #ThinkEquitable
The National Center for Disability, Equity, and Intersectionality

Valentines Day is On the Way

The National Center for Disability, Equity, and Intersectionality is  looking for stories that intersect with dating and disability and hope you will share yours. We want to hear the good/bad/funny/sad stories pertaining to dating as a person with a disability or as someone who has dated a person with a disability. We will be compiling the stories to be shared on our website and social media accounts (www.ThinkEquitable.com and #ThinkEquitable). If interested, please submit your information here.

Please note the selection of stories will be selected at the discretion of our team. Thus, not all stories will be published. Stories not published by the end of the month will be discarded. Consent is important to us, so if you wish for us to keep your story anonymous, just let us know. Any names or identifying information given will be changed before publicly sharing. Please avoid any stories pertaining to or suggesting violence and/or sexual assault . If we receive any stories pertaining to these topics, we will not post them*. 

If you have any questions, please reach out to Leah Smith @ Leah.Smith@cchmc.org

Comment in Favor of Ending Sub-minimum Wages for People with Disabilities

Subject: Comments on Proposed Rulemaking to Phase Out Section 14(c) Certificates

The National Center for Disability, Equity, and Intersectionality (NCDEI) strongly supports the Department of Labor’s (DOL) proposal to phase out Section 14(c) certificates, which permit the payment of subminimum wages to workers with disabilities. This rulemaking marks a critical step toward equity and inclusion for people with disabilities in the workforce.

The Urgency of Phasing Out Section 14(c) Certificates

For decades, Section 14(c) has perpetuated economic and social inequities for individuals with disabilities, disproportionately impacting those with intellectual and developmental disabilities (I/DD). While the original intent of the provision may have been to promote employment opportunities, the economic landscape has evolved significantly. Integrated employment programs, reasonable accommodations under the Americans with Disabilities Act (ADA), and technological advancements demonstrate that workers with disabilities can succeed in competitive, integrated environments when given appropriate supports.

Paying Fair Wages Reflects Dignity and Equity

The continuation of subminimum wages reinforces a societal message that the labor of people with disabilities is less valuable. This is unacceptable in a society committed to equity and justice. Workers with disabilities deserve the same minimum protections and wages afforded to all employees. As noted in the Department’s proposal, many states and localities have already abolished subminimum wages, proving that inclusive employment practices are not only feasible but also beneficial to individuals and communities.

Integration Into Competitive Employment Settings

Integrated settings provide numerous advantages over segregated environments. Research consistently shows that individuals with disabilities thrive in workplaces where they interact with non-disabled colleagues and perform meaningful work. Integrated employment fosters independence, reduces stigma, and promotes community belonging. Furthermore, federal programs such as Medicaid and Vocational Rehabilitation already provide a framework to support transitions to integrated employment.

Recommendations

  1. Accelerate the Phase-Out Timeline: A prolonged transition period risks perpetuating harm to workers with disabilities. The Department should implement measures to ensure swift movement toward competitive integrated employment.
  2. Expand Supports for Employers and Workers: Increase funding and technical assistance to employers transitioning from 14(c) models to integrated employment structures. Provide robust resources for workers, including job coaching and skills training.
  3. Monitor Equity During Transition: Regularly assess the impacts of the phase-out to ensure that all individuals, including those with significant disabilities, achieve equitable access to competitive employment.

The NCDEI urges the Department to finalize and implement this critical rule swiftly. The phase-out of Section 14(c) certificates is not only an economic necessity but a moral imperative. It is time to recognize the potential and worth of all workers and to ensure that individuals with disabilities are treated with the dignity and fairness they deserve.

Thank you for the opportunity to provide input. We stand ready to assist the Department in promoting a fairer and more inclusive labor market.

Sincerely,
Kara B. Ayers, PhD, Director
The National Center for Disability, Equity, and Intersectionality