Podcasts about disability discrimination

Comment on the Show by Sending Mark a Text Message.The alarming reality of physician burnout has reached crisis levels, with six out of ten doctors now experiencing burnout—up significantly from pre-pandemic numbers. Behind these statistics are real people and real stories that demand our attention.This episode takes a deep dive into the disturbing allegations contained in Dr. Allison Schmeck's legal complaint against Yale University and Yale New Haven Hospital. Read a copy of the federal complaint HERE. As a triple board-certified anesthesiologist, Dr. Schmeck's experience reveals the dark underbelly of academic medicine: alleged gender discrimination where female physicians were assigned double the workload of male colleagues, disability discrimination where her disclosed history of depression was labeled as "baggage," and devastating retaliation when she reported unethical practices and requested mental health accommodations.The most heartbreaking aspect of this case is how systemic failures allegedly drove a talented physician to the brink of suicide—making concrete plans including updating her will and arranging for her pets' care. Dr. Schmeck's journey exposes how institutions might weaponize mental health history against physicians who speak up, while simultaneously denying them opportunities granted to less qualified male colleagues. When leadership allegedly defines "positive faculty experience" as making superiors happy rather than supporting staff wellbeing, it reveals fundamental flaws in medical culture.This powerful examination connects one doctor's personal nightmare to nationwide physician mental health statistics, where 80% of doctors acknowledge the stigma preventing them from seeking help. What must change in our medical institutions to protect those who dedicate their lives to healing others? How many talented physicians are we losing to these systemic failures? Listen and consider what responsibility we all share in demanding better for those who care for us at our most vulnerable moments. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.Disclaimer: For educational use only, not intended to be legal advice.

Comment on the Show by Sending Mark a Text Message.This episode is part of my initiative to provide access to important court decisions  impacting employees in an easy to understand conversational format using AI.  The speakers in the episode are AI generated and frankly sound great to listen to.  Enjoy!A landmark legal decision has just reshaped our understanding of workplace disability accommodations. On March 25, 2025, the Second Circuit Court of Appeals ruling in Tudor v. Whitehall Central School District fundamentally changes how we interpret the Americans with Disabilities Act, establishing that employees may qualify for reasonable accommodations even when they can technically perform their job without them.We break down Angel Tudor's journey—a teacher whose request to leave campus during prep periods to manage her PTSD symptoms was denied, despite having previously received this accommodation. The conflict emerged when a new administration implemented a blanket policy against leaving school grounds, prioritizing standardized operations over individual needs. While Tudor could technically teach without these breaks, she maintained they were crucial for managing her disability and maintaining her wellbeing.The fascinating legal battle hinges on interpretation of the ADA's specific language. The initial district court ruled that since Tudor could perform her essential job functions, she wasn't entitled to accommodation. But the Second Circuit emphatically disagreed, focusing on the critical phrase "with or without reasonable accommodation" in the law. Their interpretation opens new possibilities for workplace equity, recognizing that accommodations may address pain and other disability effects even when basic job performance is possible.This case exposes the tension between employers' desire for standardized policies and their obligation to accommodate individual employees with disabilities. It raises profound questions about moving beyond minimal compliance toward creating genuinely inclusive environments where everyone can contribute their best work. Whether you're an employer, employee, or simply interested in workplace rights, this ruling provides a powerful framework for understanding what true accessibility looks like in practice. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.Disclaimer: For educational use only, not intended to be legal advice.

Get the facts, without the spin. UNBIASED offers a clear, impartial recap of US news, including politics, elections, legal news, and more. Hosted by lawyer Jordan Berman, each episode provides a recap of current political events plus breakdowns of complex concepts—like constitutional rights, recent Supreme Court rulings, and new legislation—in an easy-to-understand way. No personal opinions, just the facts you need to stay informed on the daily news that matters. If you miss how journalism used to be, you're in the right place. In today's episode: Trump Pauses Enforcement of Foreign Corrupt Practices Act (0:21) Marc Fogel Released From Russian Prison Four Years After Arrest (4:47) States Sue Over Section 504; Here's What It Means for Americans With Disabilities (8:03) Four FEMA Employees Fired After DOGE Claims $59M Was Spent on 'Luxury Hotels' for Illegal Immigrants (15:33) DOJ Recommends All Charges Against NYC Mayor Eric Adams Be Dropped (19:32) Kanye West Airs Antisemitic Super Bowl Ad (21:47) Court Says CDC, FDA, and HHS Webpages Must Go Back Online After Executive Orders (23:56) Education Dept. Agrees to Temporarily Prohibit DOGE From Accessing Records After Being Sued (27:05) Senate Judiciary Democrats Request Second Patel Hearing After Accusing Him of Lying Under Oath (28:54) Quick Hitters: RFK Jr. Confirmed, FBI Finds News JFK Files, Trump's Order on Paper Straws, Trump Pardons Former Illinois Governor, Appeals Court Keeps Funding Freeze Pause in Place, Federal Buyout Offer Can Proceed, Bannon Pleads Guilty, Sotomayor Comments on Recent Judicial Threat, Inflation Jumps, Disney and Google Do Away With DEI Programs (31:36) Rumor Has It: Does the SAVE Act Ban Married Women From Voting? Is Trump Lifting the Death Penalty Moratorium to Execute Illegal Immigrants? Did Google Remove Black History Month and Pride Month from Calendar? (37:56) Listen/Watch this episode AD-FREE on Patreon. Watch this episode on YouTube. Follow Jordan on Instagram and TikTok. All sources for this episode can be found here.  Learn more about your ad choices. Visit podcastchoices.com/adchoices

This week we take a deep dive into the issues around the rights and privacy of the global disability community in the digital age. We're joined by Rosemary Kayess - Vice Chair of the UN Committee on the Convention of the Rights for Persons with Disabilities, and the Disability Discrimination commissioner of the Australian Human Rights Commission, Marc Workman - CEO of the World Blind Union (WBU), and Heba Hagrass - UN Special Rapporteur on the rights of persons with disabilities. Links World Blind Union: https://worldblindunion.org/ Learn more about Heba's work: https://www.ohchr.org/en/special-procedures/sr-disability/heba-hagrass Report from the Committee on the Rights of Persons with Disabilies that Rosemary Kayess worked on: https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CRPD%2FC%2FGBR%2FFUIR%2F1&Lang=en PI's work so far on this: Submission to the UN CRPD Committee on their inquiry into the UK social protection and rights of persons with disabilities: https://privacyinternational.org/advocacy/5321/un-committee-rights-persons-disabilities-calls-uk-act-ai-human-rights-risks OHCHR Submission and HRC oral statement on the rights of persons with disabilities and digitised social protection schemes: https://privacyinternational.org/advocacy/5107/submission-ohchr-rights-persons-disabilities Long read on the rights of persons with disabilities and digitised social protection schemes: https://privacyinternational.org/long-read/5170/protecting-persons-disabilities-digitised-world Robodebt Royal Commission report: https://robodebt.royalcommission.gov.au/publications/report An update: https://www.theguardian.com/australia-news/2024/sep/16/zero-repercussions-victims-of-robodebt-embarrassed-to-have-believed-justice-would-be-done

In this episode, you'll learn about:Whether menopause meets the legal definition of disabilityKey cases in this areaMy top tipsThis podcast is supported by Occupational Health Assessment Ltd and didlaw Employment Lawyers.

Rene Thomas Folse, JD, Ph.D. is the host for this edition which reports on the following news stories: Additional Notices Not Required After Timely UR Delay Notice in Denied Case. Justice Department Sues LA Fitness for Disability Discrimination at Its Gyms. Court Decides When Ending Forced Arbitration of Sexual Assault Act Applies. Court Again Rules that EFAA Prohibits Arbitration of Entire FEHA Claim. L.A. Pair Indicted for $54M Diagnostic Testing and Hospice Fraud. Farm Labor Contractor Cited for Heat-Related Safety Violations. Andrea Coleman to Succeed Bill Mudge as WCIRB President, CEO. Stanford Medicine Now Deploys 30 AI Tools for Diagnosis & Decision Making.

In this episode of the Justice Team Podcast, host Bob Simon interviews Jamie Wright, an expert in employee rights, covering disability discrimination, workplace harassment, and employment law. Jamie shares practical advice for lawyers and employees, including handling wage and hour cases, advocating for accommodations, and navigating the California Civil Rights Division. They also discuss the importance of community support, mental health, and mentorship for young lawyers. Tune in to learn from Jamie's extensive experience and get actionable tips for dealing with workplace issues.

"I'll be the judge of that!" Job Accommodation Network - https://askjan.org/ In this episode of the Job Judge, Karen discusses a $22 million verdict against Wells Fargo for disability discrimination and retaliation under the Americans with Disabilities Act (ADA). She shares the story of an employee who had a disability and required reasonable accommodations. Despite getting good advice from the Wells Fargo ADA Consultant on accommodations that should be provided, the managers refused to accommodate the employee and then terminated him shortly before he was to return onsite under the guise of a restructuring. The case went to trial, and the jury awarded him $22 million in damages for disability discrimination, failure to accommodate and retaliation, as well as state law violations. Karen emphasizes the importance of the ADA and the need for employers to engage in an interactive dialogue with employees to provide reasonable accommodations. The EEOC (https://EEOC.gov) and the Job Accommodation Network (https://Askjan.org) offer resources for both employers and employees regarding reasonable accommodations under the ADA. Karen also discusses in her “ask the Job Judge” whether an employee who was planning to fly home the same day he had to work, and was a “no show” because his flights were delayed, unfairly received a written counseling. The Job Judge Podcast is a podcast for anyone who works. This is not legal advice! Engaging and informative, it's a must-listen/watch for any manager, business owner, HR professional, or anyone who works. Relying on three decades of experience as an employment law attorney and HR Executive, Karen Michael uses real case studies in the news and navigates through the legal landmines and workplace dysfunction that we know is probably happening right now in your organization.

On this episode of Reasonable & Necessary, Dr George meets with Disability Discrimination Commissioner Rosemary Kayess. They chat about her fight for disability rights on the world stage and what she thinks about changes to the NDIS back home. They also cover the disability Royal Commission and the Disability Discrimination Act. Rosemary calls for minimum accessibility standards for all new housing, an end to segregation, and a human rights-based approach across all government policy.

Australia is sometimes called a “migration nation,” as a third of its population was born abroad. That said, people with disabilities are often not welcome. Many foreigners with disabilities or serious medical conditions are routinely denied an Australian visa. But there’s pressure for policy change. Also on the show: A three-judge panel has concluded that many U.S. college athletes are likely employees and may be protected under federal minimum wage laws.

Australia is sometimes called a “migration nation,” as a third of its population was born abroad. That said, people with disabilities are often not welcome. Many foreigners with disabilities or serious medical conditions are routinely denied an Australian visa. But there’s pressure for policy change. Also on the show: A three-judge panel has concluded that many U.S. college athletes are likely employees and may be protected under federal minimum wage laws.

"From the EEOC's perspective, whether an employment action, employment decision is made by a human or an algorithm, liability is going to be the same for those companies." "AI tools really have the ability to prevent discrimination, but at the same time, they have the ability to discriminate more than any one individual human being." -EEOC Commissioner Kieth Sonderling. Before we begin- Commissioner Sonderling requested that I share a link to this important report (Algorithms, Artificial Intelligence, and Disability Discrimination in Hiring).  While the report focuses on the Americans With Disabilities Act, the ideas put forth apply directly to employment decision making and is an important missive summarizing the government's position on the relationship between AI and foundational regulation related to concepts such as the ⅘ rule and disparate impact.   Summary: How lucky are we?  My guest for this episode is none other than the grand poobah of employment regulations in the US, EEOC commissioner Keith Sonderling.  The Commissioner has many great attributes that underlie his approach to the creation and enforcement of legislation critical to ensuring everyone gets a fair shake when it comes to employment opportunities.  But I think one of his greatest attributes is his mission to make himself accessible to all channels of media and communication, including humble podcasters such as myself.   In some sense, my big takeaway from our discussion is the idea that the more things change, the more they stay the same. By this I mean that the central tenets of fair and equitable hiring practices are immutable.  While the tools that support employment decision making have, and will continue to become infinitely more complex, ensuring that signals used for hiring decisions are job related, and thus free of systematic differences based on irrelevant factors, is all that matters. The Commissioner and I have a really awesome and enlightening conversation about the evolving landscape of government regulation on AI in hiring. We begin with a discussion about his career trajectory, his insights about the integration of AI within HR practices, and the critical balance needed between innovation and ethical considerations.  We have fun delving into the specifics of current regulatory frameworks, including the seminal Uniform Guidelines on Employee Selection Procedures and the recent developments in laws such as New York City's Local Law 144.  Commissioner Sonderling shares his perspective that the future of regulation will likely be driven by state initiatives rather than new federal legislation. Takeaways:State-Led Initiatives: Commissioner Sonderling highlights that while the federal government may not introduce new legislation soon, states like New York and California are likely to lead the way in regulating AI in hiring. Employers should stay informed about state laws and consider adopting best practices from these regulations proactively.Navigating a Patchwork Regulatory Environment: With states potentially leading regulatory efforts, HR professionals must prepare to navigate a patchwork of regulations that may vary significantly from one state to another. This emphasizes the need for adaptable compliance strategies.Existing Federal Standards: Even in the absence of new federal legislation, existing laws and standards, such as the EEOC's Uniform Guidelines on Employee Selection Procedures, still apply to AI-driven employment decisions. Organizations must ensure compliance with these standards to avoid legal pitfalls.Proactive Compliance through Audits: Commissioner Sonderling advises businesses to conduct regular audits of their AI systems to ensure compliance and prevent discrimination. These audits should be thorough and based on relevant data to identify and mitigate any biases in the system.Vendor Responsibility and Data Integrity: The discussion highlights the importance of holding vendors accountable for the AI tools they provide. Employers must ensure that their vendors comply with ethical and legal standards and provide necessary data for compliance checks.  We can expect vendors to be required to participate in 3rd party audits of their tools at some point in the near future.

**This podcast was recorded March  20, 2023**DRNY Senior Staff Attorney, Jessica Richwalder, Esq. discusses work from home as a reasonable accommodation, how to submit a request to your employer, and the steps needed to file a complaint if your request is denied.*Show Notes*Fact Sheet-"Reasonable Accommodation for Employment": https://www.dropbox.com/s/6yb8qunnu5d3dxs/reasonable-accommodation-employment.pdf?dl=0Support the Show.To view the video of this episode with closed captioning, ASL interpretation, and/or Spanish subtitles, visit our YouTube Channel: https://www.youtube.com/playlist?list=PL0L4INYxuDLx8b8oFTpaXbe42NLmZBKDY.(The views, information, or opinions expressed during the "Empire State of Rights" podcast are solely those of the individuals involved and do not necessarily represent those of Disability Rights New York.)

Navigating the labyrinth of disability accommodations and avoiding the snares of discrimination in the workplace can be as complex as a game of legal chess. With us, Arda Wildevor and Ryan Ellis, your guides through California's intricate employment law landscape, you're in for an enlightening strategy session. We dissect the spectrum of conditions covered by employment law and the strategic dance between employers and employees when it comes to reasonable accommodations. Along the way, we share real-world scenarios that bring to life the practical implications of these legal challenges, all with a dash of humor and a heaping of expertise to keep things engaging.Ever wondered how the law distinguishes between various disabilities and what constitutes a reasonable accommodation versus an undue hardship for businesses? Our conversation takes you on a journey through the legal intricacies of both physical and mental disabilities in the workplace. From discussing the delicate balance of accommodating employees without fundamentally altering job roles to dissecting discrimination claims linked to performance issues, we ensure you're armed with the knowledge to navigate these tricky waters. We also delve into the emotional and financial stakes of these claims, providing vital HR strategies for managing complex employee relations.Topping off this deep dive, we examine the emotional toll of litigation and the crushing weight of punitive damages on a company's bottom line. By emphasizing proactive communication and robust HR policies, we aim to shield your company from costly legal battles and protect the rights of employees. With our combined plaintiff and defense perspectives, we serve up a full course of legal insights flavored with practical advice and the occasional light-hearted anecdote, making this an indispensable resource for anyone vested in the world of employment law.

**This podcast was recorded April 6, 2021**DRNY's CAP & PABSS program Director and Chair of the Committee on Advancing Racial Equality (C.A.R.E.), Erica Molina, Esq., is joined by Marc Fliedner, Esq., DRNY's PATBI & PAIMI program Director, to discuss what we can do as allies for the Asian and Asian American & Pacific Islander (AAPI) community.Support the Show.To view the video of this episode with closed captioning, ASL interpretation, and/or Spanish subtitles, visit our YouTube Channel: https://www.youtube.com/playlist?list=PL0L4INYxuDLx8b8oFTpaXbe42NLmZBKDY.(The views, information, or opinions expressed during the "Empire State of Rights" podcast are solely those of the individuals involved and do not necessarily represent those of Disability Rights New York.)

**This encore episode was recorded on March 21, 2022 **Zoe Gross, the Director of Advocacy at the Autistic Self Advocacy Network (ASAN), discusses the organization's mission, its resources, and the importance of preferred language for the autism community.**Show Notes**autisticadvocacy.org"Crisis in our Communities: Racial Disparities in Community Living": https://autisticadvocacy.org/policy/toolkits/disparities/"For Whose Benefit?: Evidence, Ethics, and Effectiveness of Autism Interventions": https://autisticadvocacy.org/policy/briefs/intervention-ethics/"Identity-First Language" by Lydia X.Z. Brown: https://autisticadvocacy.org/about-asan/identity-first-language/Follow ASAN:https://www.facebook.com/AutisticAdvocacy/https://twitter.com/autselfadvocacyhttps://autisticadvocacy.tumblr.com/https://www.instagram.com/autisticselfadvocacy/Support the showTo view the video of this episode with closed captioning, ASL interpretation, and/or Spanish subtitles, visit our YouTube Channel: https://www.youtube.com/playlist?list=PL0L4INYxuDLx8b8oFTpaXbe42NLmZBKDY.(The views, information, or opinions expressed during the "Empire State of Rights" podcast are solely those of the individuals involved and do not necessarily represent those of Disability Rights New York.)

Carlos T. Carter and John Ukenye from The Urban League of Greater Pittsburgh join Larry and Marty to discuss what they are doing to address racial and disability discrimination in Highlands School District. 

**ENCORE: This podcast was recorded on March 13, 2023 ** Renowned disability rights advocate and Associate Professor at Stony Brook University, Brooke Ellison, PhD., discusses her journey as an activist, the importance of inclusivity and accessibility, and her latest memoir “Look Both Ways”.This episode is dedicated to the memory of Brooke Ellison.*Show Notes*https://www.brookeellison.com/https://www.stonybrook.edu/commcms/bioethics/people/ellison.phpMemoirs & Other Publications: "Look Both Ways" (2021) : https://www.brookeellison.com/look-both-ways"Miracles Happen" (2002): https://www.amazon.com/Miracles-Happen-Daughter-Journey-Hardcover/dp/B011MEQ62S"The Brooke Ellison Story" (2004), Directed by Christopher Reeve: https://www.imdb.com/title/tt0407612/Speeches:TEDx "The Pillars of Hope": https://www.youtube.com/watch?v=hA28_fd5e1A&t=1sAmerican Society for Neuro-Rehabilitation Person of the Year keynote- "The Patient as the Professor": https://www.youtube.com/watch?v=U3mE9kndUqo&t=1740s Harvard- "A Shared Confidence": https://www.youtube.com/watch?v=alf_I1p7bds&t=143sFollow Brooke on: Facebook (@brooke.ellison1020): https://www.facebook.com/brooke.ellison1020Twitter (@brookemellison): https://twitter.com/brookemellisonInstagram (brooke_ellison1020): https://www.instagram.com/brooke_ellison1020/Support the showTo view the video of this episode with closed captioning, ASL interpretation, and/or Spanish subtitles, visit our YouTube Channel: https://www.youtube.com/playlist?list=PL0L4INYxuDLx8b8oFTpaXbe42NLmZBKDY.(The views, information, or opinions expressed during the "Empire State of Rights" podcast are solely those of the individuals involved and do not necessarily represent those of Disability Rights New York.)

DRNY's PAAT, PAIR, and PAVA program director, Christy Asbee, Esq., discusses the accessibility requirements for snow & ice removal in New York State.Show Notes:DRNY Fact Sheets: https://www.drny.org/page/emergency-preparedness-128.htmlEmail DRNY at snow@drny.orgFEMA resources:Snow Assistance- https://www.dhses.ny.gov/system/files/documents/2022/11/fact-sheet-for-fema-public-assistance-snow-events.pdfBe Prepared for a Winter Storm- https://community.fema.gov/ProtectiveActions/s/article/Winter-StormSupport the showTo view the video of this episode with closed captioning, ASL interpretation, and/or Spanish subtitles, visit our YouTube Channel: https://www.youtube.com/playlist?list=PL0L4INYxuDLx8b8oFTpaXbe42NLmZBKDY.(The views, information, or opinions expressed during the "Empire State of Rights" podcast are solely those of the individuals involved and do not necessarily represent those of Disability Rights New York.)

About the Guest(s):Lauren Rivera is an esteemed scholar with a focus on discrimination, specifically hiring discrimination, and the complex interplay between social class, gender, and race in social structures. Specializing in sociology, Rivera's professional expertise extends to studying how various forms of discrimination manifest within societal institutions. In a rare blend of personal experience and academic rigor, she has delved into the topic of disability discrimination in educational access through her recent research article published in the American Sociological Review titled "Not in My Schoolyard: Disability Discrimination in Education Access." As a parent of a child with disabilities, Rivera brings a deeply personal perspective to her work, illuminating the substantial barriers faced by families seeking equitable education for their children.Episode Summary:Lauren Rivera shares groundbreaking findings from her study on principals' discriminatory behavior towards families with children with disabilities. The episode opens up with Rivera recounting her groundbreaking research, where over 20,000 school principals in four states were contacted through a field experiment aimed at uncovering discrimination at the very beginning of educational access – the school tour request process.Rivera's study examined the response rate to emails requesting school tours, varying the presence of an Individualized Education Program (IEP) for the child and the perceived race of the parents. The results were eye-opening, revealing a pervasive pattern of discrimination against children with IEPs, which was significantly more pronounced if the child was also perceived to be from a Black family. The research sheds light not only on the discriminatory challenges encountered before enrollment but also on the stressors such experiences impose on families searching for fitting educational settings for their children.Transcript: https://otter.ai/u/rVp3c8HJOXLHdQtwn4WJWd5N3wMKey Takeaways:School officials are less likely to respond to tour requests for children with IEPs, especially if the parents are perceived as Black.Discrimination in educational access occurs before enrollment, influenced by disability status and race.The experiment suggests principals perceive children with IEPs as resource burdens and Black parents as less involved school community members.Rivera's personal experience as a parent of a child with disabilities adds a poignant layer to the discussion and research findings.Resources:For Students with Disabilities, Discrimination Starts Before They Even Enter School: https://insight.kellogg.northwestern.edu/article/students-disabilities-discriminationThank you to our sponsor, Brookes Publishing: https://brookespublishing.com/Enter to win a free book from Brookes here: https://bit.ly/brookes-giveaway-0224.MCIE: https://mcie.org/ Hosted on Acast. See acast.com/privacy for more information.

This week on the podcast the University of Bristol has lost its appeal over a student suicide case - we discuss the implications. Plus the January deadline UCAS figures are out, and we look at the rise in hours that students are spending in paid employment.(CW: Suicide, depression, mental health)With Eve Alcock, Director of Public Affairs at QAA, Ben Whittaker, Chief Executive at LSE Students' Union, James Coe, Associate Editor at Wonkhe and presented by Jim Dickinson, Associate Editor at Wonkhe.When life is difficult, Samaritans are here – day or night, 365 days a year. You can call them for free on 116 123, email them at jo@samaritans.org, or visit samaritans.org to find your nearest branch. Hosted on Acast. See acast.com/privacy for more information.

In this episode, Poppy is joined by experienced educator Dr Sarah Wall, to talk about what 'associative' discrimination means, and questions how our schools can offer reasonable adjustments to best support our students and their parents and carers. Poppy also learns about the smallest school she has ever heard of!

Timestamps(00:00:02) Introduction (00:01:01) Healthcare Risk Management Experience (00:02:18) Fair Housing Act Explanation (00:08:15) Prohibition of Disability Discrimination (00:15:57) Understanding Essential Requirements (00:23:15) Rules Around Common Accommodations (00:29:42) Risks & Fair Housing Marketing (00:34:55) Legalities for Assisted Living Services (00:40:17) FSA & Housing Education (00:43:22) Rules Disregard in Senior Living (00:47:41) Risk Tolerance Discussion (00:49:06) Risk Management in Senior Living  So as you mentioned, I did medical malpractice defense for a number of years in New York,and then I moved to Pennsylvania because I was getting married and my husband was fromout of state.And when I moved, I decided to switch hats, and I decided to do healthcare risk management.So I was tasked with starting up a risk management program for FSA.At the time, we started with 12 organizations, nonprofit, faith-based communities, generallyin the Philadelphia area.Since then, we've expanded quite a bit, and we now have 37 sites in six states.And so I give guidance and consultation on risk management issues.So today, we are going to talk about marketing risks, but I'm going to talk about it frommy perspective, you know, from a risk management perspective and a fair housing perspective.Okay.So thanks for that background.So let's get right into it.What is the worst-case scenario if someone says, you know, I'm going to market howeverI want to market?I'm going to say what I want to say, do what I want to do.What have you seen as like a worst-case scenario of someone has done this and this horribleoutcome has happened?Great question.Nothing like the fear factor right from the beginning.So what I'm going to preface that question with is an explanation of why there are risksin this venue, in this area.And so in 1968, Congress enacted the Fair Housing Act, which was what I like to callthe third leg of the stool for civil rights litigation, legislation rather.And so we had the Civil Rights Act, then the Voting Rights Act. And then in 1968, they passed the Fair Housing Act.And that precluded discrimination in housing choices and lending based upon what we callthe protected class status.So started out with race, religion, national origin, color, gender, which now includesgender identity and sexual orientation, and national origin.In 1988, Congress amended the act to include two additional protected class categories.Familial status, meaning that you are not supposed to be able to discriminate againstfamilies with children.And of course, there is a carve-out for our senior living settings.And the one for purposes of our discussion today, which will be very pivotal, is it sayshandicapped, but it's what we would refer to as disability.So you have now protections under the Fair Housing Act, and we just call it FHA for boththe Amendments Act and the original act for all those protected classes, which actessentially as a floor, not a ceiling.So state and local jurisdictions can also add an additional protected class categories,like, for example, maybe marital status, saying that, you know, you can't discriminateagainst somebody because they're unmarried or, you know, because they cohabitatetogether, for example, or source of income is another one that's fairly common.So I think for a lot of senior living communities, they don't necessarily recognizethat they are covered by this act as a housing provider, because I think for a lot ofcommunities, they say justifiably, well, we're not a housing provider because we do somuch more than that. And you do.However, in the eyes of the government, you are a housing provider and you are subject tothe Fair Housing Act.And so there are lots of risks that come along with that.Now, if you choose as an organization just to decide that you're going to market any wayyou want to and you're not going to pay attention to various marketing risks, includingfair housing risks, what's the worst case scenario?The worst case scenario is that you end up being in litigation, sued by potentially afederal government. So it's now the United States of America versus, you know, seniorliving community, A.B.State. You are in litigation with the government.You are being sued for housing discrimination.Almost always that ends very badly for the community.Almost always winds up in a monetary settlement.Many times there is also a settlement compensation fund where the community has toadvertise in multiple places for people that have been subject to what they've just beenfound by the government to be illegally doing.Let's just say discriminating against those with scooters, for example.And so they would have to advertise for anyone that's been impacted by that to give themmoney. In addition, there's almost always what we call a consent decree that comes withthat. It's sort of, if you're familiar with the world of compliance, it's similar toa CIA or a corporate integrity agreement whereby the government puts you into thisconsent decree.And the consent decree not only sets out the exact amount of money that you're going tohave to pay and how you would advertise to those who have been subject to yourdiscriminatory practices to give them money.But there's also usually quite onerous burdens that are placed on the community,including things like they get to and the government will review your actions for aperiod of time. Usually it's about five years.And so they will oversee and have to approve the policies, put policies in place forwhatever the particular topic is, change contracts, sometimes hire a fair housingofficer to perform acts to training and education for the staff on an ongoing basis.And again, being overseen by the government for a period of time.In addition, I would also say that you don't want to be the poster child for that.So again, I happen to mention scooters.And one of the pivotal cases in the world of, you know, communities that have been suedfor improper restrictions on scooters is a community called Twining Village.And I don't like to use them, you know, but that that case is out there and everybodyknows about it. So you don't want to end up having the reputational damage in our worldof, you know, senior living where it's like, oh, that's the Twining Village case.And so, you know, everybody knows based on that case, you know, some of the policiesthat you have to have in place and the no-nos, the things that you shouldn't be doing.You don't want to become the poster child for that, which can very easily happen.Well, so a couple of questions.Thank you for that. I mean, that's quite an overview.So it were someone to actually go ahead and let me just back up.So you're saying that there's the fair housing law, which puts nursing homes together inthat category. So therefore, they have these discrimination laws like you've outlined.So is this, first of all, is this specific to marketing?Are we talking about someone denies a patient because we don't take we don't want patientswith scooters because patients with scooters are dumb or whatever.Yeah. So I'm speaking broadly about senior living communities.Right. So it's anywhere that a person lives.Okay. So if you are running a short term rehab only, then potentially you are excluded fromthe Fair Housing Act because that's not someone's home.The intention is to treat them for a brief period of time with the intention to dischargethem. However, it does apply clearly.All the case law is very clear on this.It does apply to settings like CCRC, independent living, assisted living, personal care,long term care. So all of those things, you know, adult foster care, it does apply to allthose settings. It is questionable whether it would apply in the context of a short termrehab strictly.Okay. So let's back up.If I don't have if I have a regular store and I sell chocolate and desserts and flowers andwhat else? I can discriminate all I want?No. There are other laws.There are other laws that prohibit you from from doing that, that we're not necessarilyspeaking about today. But again, when it comes to housing, we are under the auspices ofmultifamily housing specifically, which means four or more people in a unit or, you know,four or more units, I should say, not four more people.Then you are subject to the Fair Housing Act.So. Okay.So the Civil Rights Act says that you can't discriminate.Right. Suggested.I understand that. So my point is that you have extra laws when it comes to if you'remanaging or you own a home that has multiple families, say for like you said, four unitsor more. So then you have you have extra focus.So now let's assume someone has an assisted living facility, a long term care facility,really can be an apartment building, too.But we're saying even senior living facilities and they're going to and then theydiscriminate against someone.So does that mean that they refuse admission to someone?Okay. So that's a great question.So discrimination can take multiple forms.It can be just as you said, refusal of admission or refusal to someone, an applicant tobe denied admission.That can be a form of discrimination.It can also be a form of discrimination, which is very common.Probably the most common form of discrimination is the refusal to grant what we call areasonable accommodation for disability.And that's where the scooters would come in, for example.So if I was disabled and I had a mobility impairment and I required a scooter to enableme to get around and to meet what we call the essential requirements of tenancy.And you, as the provider, refuse to allow me to have that scooter or, for example, thatservice animal, like you have a no pet policy and I wanted to come in with a serviceanimal. Well, that's not a pet, that's a service animal.That's for my disability. That's a reasonable accommodation.So you can refuse and then you could again potentially be sued for that.But in addition to also refusing to admit somebody, which is a form of discrimination,there are a multitude of other forms of discrimination under the act.And it can be I come in and I'm able bodied when I come in.And after I'm a resident at your community for some period of time, I now becomedisabled. And again, I've asked for reasonable accommodation, whatever that may be.And you now refuse to give me that reasonable accommodation or you are discriminatingagainst me and saying, because let's say I had a let's say I had a fall.I lived in independent living and I had a fall.And you say, well, now you're not independent anymore.And so you need to move to assisted living because you had a fall.You can't from a legal standpoint, from a fair housing standpoint, they'd have to be waymore to it than just forcing me to move up through the continuum for something like whatI just described. And then additionally, I would also say that, you know, there areagain, just treating that it's essentially under the Fair Housing Act, we don't want totreat anyone worse, which is the more common thing to do.We also can't treat anyone better because of their protected class status.So if so, again, we serve primarily faith based communities.So if I had a community that was, for example, a Quaker community and they said, becausewe are a Quaker community, we want to give preferential treatment in admission to Quakers.You don't have to meet the same kinds of financial requirements as we require from everybodyelse. You can't do that either.Right. So, again, it's admission, but it's also discriminating against somebody oncethey're there.OK, so there's also what's the line?And I guess this is where the gray area comes in between providing reasonableaccommodations in this type of living setting versus we have a noscooter policy, let's say, because of a certain maybe safety concern that we have due toour building. Or maybe we don't allow service animals, even though it's not a pet, becausewe have residents with advanced dementia and they view service animals as monsters.They're going to eat them up or any other sort of reason, assuming that it's trueor even if it's not true.I mean, you get a good attorney to make something up, but the reasonable accommodationsversus actual practical reasons why that it's not discrimination, but there's anactual ramification of being, you know, let's see your example.Someone was in an independent living and suffered from a fall and now can no longerambulate safely in that setting.And they want to say, OK, now you have to move on.You know, CCRCs, you have to move on to the assisted living.Like, I don't want to go to the assisted living.Well, over here, you can't take a shower.You can't, you know, prepare your food.You physically can't do any more.We're not discriminating because we don't like people who fall, people who are old orpeople who are weak.We're just saying that we feel that this is not appropriate.So is that where, and obviously the other side is that, no, I'm fine.It's just because I fell.Don't tell me I need to move on.Let me get some therapy.Let me go to the doctor.Let me let this thing heal and I want to stay where I am.So is that where, is that why people like you have jobs?Right.So, yeah, perhaps that's why people like me have jobs.But what I would say to you is, you know, there are parameters around certain things.So let's talk a little bit about that.So, again, when we talk about disability, we, there is a requirement under the law thatsays that in order to live someplace, whether that's just in the community at large, youknow, an apartment building or in a senior living setting, the tenant or the residenthas to meet what we call the essential requirements of tenancy, no matter what.Disability, no disability, you still have to meet the essential requirements of tenancy.So what are those?First and foremost is paying your rent and fees on time.Number two is keeping your unit in a safe, clean and sanitary condition.Now, you know, I think that reasonable people may differ as to what's safe, clean andsanitary. Right.Also obeying the reasonable community rules.Okay. Unless, of course, there has to be an exception made because of the reasonableaccommodation because of somebody's disability.But again, generally speaking, you should have a set of reasonable community rules becausepeople have to obey those rules.You also cannot have excessive damage to the unit.Okay. Normal wear and tear is okay.If I scrape the walls because of my scooter, that's okay.But if I decide to, you know, take a hammer and make holes in the walls, that's not normalwear and tear. Also not unduly disturbing the peace and tranquility of others.Okay. And the last one, which is very important, is not being a direct threat to thehealth and safety of others.Now, in my opinion, and this is not in the law, this is not in the essential requirementsof tenancy. When you are in a senior living community, I feel that it is reasonable tosay you cannot be a direct threat, a direct threat.That's very important language.Not speculative, a real direct threat to your own health and safety.Okay. So, but that's not been tested in the courts yet.That's Christina's theory.But I think it's a good one.And so.Hold on, let me talk about that for a second.If someone's, and they're a threat to themselves, and certainly if they're a threat tothemselves, even if they're not, if they're trying to physically harm themselves, they'retrying to slit their wrists, they're trying to jump out a window, they're trying to, Idon't know, whatever, anything else that's unsafe.And the facility has done everything that they can to prevent, stop, intervene, assist.So there's a question, there are those who say that, no, you cannot, let's say, Section12, you cannot send them out to the hospital because that would be discrimination.Is that even a possibility?Well, no, under the scenario that you just described, you're not evicting them.You're not getting them out permanently.You're just sending them out.So I would say, no, that's reasonable.But there have been situations, I like the examples that you use because they are extremeexamples. And I would argue, if I was a provider, that there is no reasonable accommodationthat will diminish that threat.But that's always going to be a question because tying in with meeting the essentialrequirements of tenancy, which everyone has to do no matter what, that's where thereasonable accommodations come in.So if I have a disability and I ask for a reasonable accommodation or you become awarethat I need a reasonable accommodation, then it should be granted because the reasonableaccommodation is generally what's going to help me meet those essential requirements oftenancy. Now, going back just to the example that you used.Someone who's suicidal or homicidal, even.The, you know, I could say I can't handle, I don't have, I'm not equipped to handlepsychiatric issues and I certainly can't, you know, protect my other residents from thishomicidal individual or I can't protect them from themselves because there's so manyways that they could attempt suicide.And so they are not meeting the essential requirements of tenancy because they are adirect threat. There have been occasions and there have been some cases.Where in circumstances like that, the courts have said, well, and it's not specific tosenior living, it's just general housing.Well, you should try a reasonable accommodation first.So, for example, if you send that person out, you know, to be involuntarily, you know,incapacitated in a psych facility for a period of time.And let's say that they have been given medication that would, you know, presumablycontrol their behaviors.Then the resident or the tenant in this case would be able to say, well, my reasonableaccommodation and I should be allowed to stay because I can remain on this medicationregimen and then my behaviors are controlled.But I know of a case from a number of years ago, multifamily housing out in Connecticut,and an individual had psychiatric issues and actually went after the landlord with a bigbutcher knife and threw him down to the ground and started to stab him.That gentleman was arrested and then the landlord sent notice, you know, you're herebyevicted. You know, after he got out of jail, after he spent some time in jail and cameback, he realized that he couldn't come back to the apartment because he had beenevicted and he sued and he said, you're discriminating against me.And the court in that case actually said, well, you have to try.Let him have his reasonable accommodation.And, you know, but I think that's not, in my view, that wouldn't be a reasonableaccommodation. It's not reasonable to allow someone who has, you know, extremebehaviors like that, you know, again, that's a direct threat that we can't keep otherpeople safe or that even that resident, we can't keep them safe.So that's the extreme example.But, you know, most cases are not as extreme and most cases you're going to have to trythe reasonable accommodation and sometimes multiple reasonable accommodations beforeyou would say you're violating the terms of the resident contract or the lease or theagreement, whatever it is that we have.And now you're going to have to leave or move up to a higher level of care.You're going to have to try a few different reasonable accommodations to be safe beforeyou can generally do that or you'll risk potentially a fair housing claim.Well, that's very messed up, just to realize that for everybody, because to see thatsomeone who physically attempted to murder their landlord was jailed for it and nowevicted, reasonable accommodation, that sounds crazy.But I agree with you on that.I wholeheartedly agree.I think that's fair.But I just felt like I, you know, I had to, you know, kind of raise that to say it's notnecessarily a slam dunk.But generally speaking, yeah, when somebody is a direct threat and it's not speculative,it's not fear that something might happen, it's something did happen.Right. So I want to be clear about something.When it comes to reasonable accommodations, as a provider, you can and should haverules. You don't have to make it willy-nilly, but you are allowed to have reasonable rulessurrounding common accommodations, reasonable accommodations.So, for example, let's use the scooters again.It would be probably very high risk if you just said we don't allow scooters.But it's OK if you said we allow scooters, but we have these rules.A rule, I always encourage my communities to have reasonable rules.A rule might be that you have to sit with therapy and review the rules of the communityto use a scooter first.You know, get educated on it and then sign off that you're agreeing, you understand allyour questions have been answered and you agree to abide by the rules.And those rules might be things like you can only drive your scooter as fast as anon-disabled person can walk.You don't have the right to drive your scooter around like Speed Racer.Right. It may say you have to have a horn and lights if you're going to drive outside.You have to obey the rules of the road on campus.You have to have a flag.You can't park and block fire exits.You can't block mailboxes.If you're going to drive into the dining room, you have to have room.And I want to touch on something that you mentioned a few moments ago, saying mycommunity is older and it's not equipped for these big SUV scooters that people havenow. Under the ADA, which also sometimes can tie in with the Fair Housing Act, thereare also construction requirements.So the ADA went into effect in March of 1991.So did those construction requirements.So if you have construction that occurred after March of 1991 or if your building isolder than that, but you've done any kind of a renovation on your building and the termrenovation is pretty flimsy and loose.It could be even like redecorating can be considered a renovation.You then have to comply with the dictates of the ADA in terms of the physicalrequirements. Like so, for example, it talks about thresholds.You can't have, you know, a big where someone can't come up on the scooter, you know,because of the thresholds or, you know, with their walker, that's an issue.Thresholds, grab bars, lowering cabinets in handicap accessible units.A certain number of your units should be made handicap accessible.That depends on how many units you have.It's a percentage.And simple things like aisles wide enough for people to use their scooters.And arguably in our setting, you know, knowing that many, many people do have mobilityimpairments, it's even more important, you know, to make sure that your community hasabided by the rules and the Department of Justice, you know, and lots of fair housinggroups. And HUD also has put in a tremendous amount of money to talk about people'sfair housing rights and to make sure that providers and architects and contractors areaware of what the physical requirements are for spacing and things like that andthresholds. And they've spent a tremendous amount of money talking about that andmaking sure that people are aware.So it becomes very challenging in these days.Every month a case will come out at least once a month on, you know, again, the ownerof multi-family housing, the owner of senior housing, a municipality, you know, manydifferent types for failing to construct their buildings in accordance with therequirements of the ADA.So you have to be careful about that.But there are reasonable rules.So have them about service animals.You know, you can have about scooters, you know, any other kinds of reasonableaccommodations. You should have, you know, rules around the private duty aides.They're another reasonable accommodation that you should have rules about.Got it. Sometimes we see this, the application of these rules, you know, don't seem soreasonable. I know a particular construction project that was not required to have anelevator, but was required to have handicapped accessible bathrooms on the secondfloor. Go figure.Right. Right.I don't know how, you know, somebody who's disabled, you know, then they would have tohave the right amount of housing on the first floor, you know, handicapped accessible.It wasn't a housing project per se.But, you know, we do see things like that sometimes, but that doesn't negate the rules.But if we can focus the conversation from a marketing standpoint.OK.We want to, you know, we titled this the do's and don'ts of nursing home marketing.So I know that there are things that we cannot say.For example, the nursing homes can't say that they're dementia units because there arelaws. This has nothing to do with Fair Housing, but this is the Department of PublicHealth. They haven't clearly defined a lot of regulations for what's qualified as adementia unit. And there's a whole process to go through.So you can call it memory here.You can call it a lot of other things.They can't call it by that name.I've actually walked in one of the nursing homes I was managing, at least in Massachusetts.I worked with the gentleman whose name is Dr.Paul Rea, and he's the one who wrote the regulations for what's called a dementia unit.And we were thinking of maybe turning one of our units, our memory, our unit thoughanyway was a dementia unit, to just make it an official one.And the cost and just the work that it would take, not just money, but also theinconvenience and the downtime that it would take to get it in compliance just didn'tmake sense. And we changed the wording in our marketing materials and we had the sameresult. So instead, we just decided, you know, it was a company decision, you know,should we do it, should we not do it, so how extensive it was didn't make sense.So question for you is what is the absolute, give me a great example of someone that didsomething horrific in their marketing or something that someone can do like really badin their marketing. And like, I guess I'm a worst case scenario person.And what happened as a result or what could happen as a result?So let me give you some examples of things that are risks in marketing when it comes tofair housing. And I've jotted a few of these down so that, you know, I cover everything.So the first one that I would talk about is models, models or people in your marketingmaterials, photographs of individuals, right?That can be problematic because, for example, we talked about the protected class of race,right? So if you only have photographs, they want to see, the government wants to seediversity. So if you have, you know, all Caucasian individuals, that could be a risk foryou because where are the people of color?You're not allowed to discriminate based on someone's color.What if everybody in your marketing materials is running, jogging, biking, doing yoga?Where are all the people that are on scooters, in wheelchairs, with walkers?So models can be potentially problematic.Another issue would be problematic language in your materials.Another one could be potentially, I know a lot of times marketing, especially in the CCRCsetting, will do what's called a targeting marketing campaign, right?So they want it, they're targeting to a particular income level.All right. And they're sending the materials out to that, to the people in a particulargeographic area that meet those income requirements.Well, there have been cases where that's been considered to be a discriminatory practice.Why? Because you're only sending all your marketing material specifically to potentiallyjust white people.Okay. And you're excluding and you may not have any discriminatory intent with that, butthat's the way it comes out.And in the Supreme Court has decided that in fair housing, there is something calleddisparate impact.It doesn't have to be that you purposely discriminate against somebody, but there is anactual disparate impact.So that's an area that you want to be careful about.Lack of an improper, lack of the fair housing logo, it's the little house, or having thelogo, but it's minuscule.You can't see it. If you have the logo and you should have the logo, the fair housinglogo, it's put out by the government.If you have one for leading age and you have one for, you know, whatever local societiesyou belong to and they're all of a certain font and your fair housing is teeny tiny inthe bottom, that's problematic.There is no requirement, by the way, on font, which makes it a little bit more complicated.But you want to make sure that it's the same size as everything else.Exclusionary practices for admission.Again, we don't let people in with scooters or we don't let people in with serviceanimals. Problematic applications, asking lots of, again, this is for independent living,not for nursing or, you know, assisted living or personal care.Asking medical questions, if you're not a type A community, that can be potentiallyproblematic. Asking intrusive questions, asking them to undergo a physical exam.If you don't have, you know, a guarantee of moving through the continuum of care, thatcan be highly problematic.Improper. Oh, I mentioned the improper request of physical exams.Steering, which is a term of art in the fair housing world.Steering means that I come in and I either and government, by the way, and so do fairhousing groups, send testers in to ask these questions and try if they think there'sdiscrimination going on, they will send somebody in who pretends to be an applicant oris looking for housing for their loved one and ask the questions to see what the answersare. Steering means that I come in and I say, hey, you know, my mom is looking forindependent living.She uses a scooter.She needs some help with her medication management.You know, she sometimes gets a little bit confused.And, you know, if you were to say to me, well, you know, she might feel a lot morecomfortable if she goes over into assisted living.That might be a better place for her.We don't really like those kinds of people in independent living.We don't want to look like a nursing home.That's steering. And that is illegal under the Fair Housing Act.Discriminatory denial of reasonable accommodations.And again, being aware of the state and local laws that expand upon the protected classesand making sure that you are not, again, discriminating against additional protectedclasses that your local jurisdiction or state may have in place.So those are a whole series of marketing risks that I would tell you you have to becareful of. Got it.So let's say I have an assisted living and I am targeting a certain group because this isthe group that actually needs the service, can afford the service, will maybe want theservice. Is there no legal way to target that group?If I'm going to put people, let's say, let's see an example of models or even, you know,language. If I'm going to put words on there or pictures or other things that don'tresonate with them, then they're obviously much less likely to, you know, to respond.It doesn't mean that these are the only people that are marketing to.I may have a separate brochure and a separate marketing plan for, you know, for adifferent ethnic group or a different protected class.But right now I want to focus on these people.You know, an open invitation is no invitation.Come over to my house any night you want for a barbecue.That means you're not invited. I'm not even telling you my address.But if I say Tuesdays at 4 p.m.having a barbecue, you know, please bring over, bring over your family.Here's my address. Then you're invited.Right. So the point is, people will resonate to marketing material if they will act on itresonates with them. So if it's, you know, if it's tailored to them, then it'll work.Can I? Is there no legal way to do that?There, you know, well, first of all, I want to be clear.I'm not giving legal advice here.I'm giving you advice from a risk management standpoint.And so, you know, listen, everything that we do is associated with a risk benefit analysis.Right. So I want to be clear about that.So a community can make a determination.What is their risk tolerance?If they really want to market and target towards a particular, you know, group because oftheir income. And it turns out that that they feel like we could be accused ofdiscriminatory behavior because it's going to go to, you know, all white people.That is a question.If you still want to market to that group, I'm not here to say you can't do it or youshouldn't do it. I'm just saying, be aware that that's a risk.Right. So anything that you market on could be a risk.But if you think that the benefit of targeting a particular group of people is going to,you know, bring in the people that you want or that you think would benefit from yourservices, then that would be your assessment of and that would be a risk tolerance toyour community. Right.Got it. Who are the discrimination police that are going to bring this case in front of,you know, they're going to get, you know, secret people coming in undercover and askingfor service.So the DOJ has testers that work for them in the Civil Rights Division.Now, who brings it to their attention so that someone would want to come down?Yeah. So I'm going to tell you, there are a lot of fair housing advocacy groups outthere. There are a lot of law school clinics that also have fair housing, you know,clinic that are staffed by law students.The government gives money.They're like quasi-public, private, public government entities.They get money from the government in recognition of their work and they get money fromthe government to do that.So they are there to enforce fair housing rights.Usually the way it would work is if I am an individual, many times this is how ithappens. I'm an individual.I go, I apply for residency at a particular community.I feel that I've been discriminated against for whatever reason that, you know, mydisability, my religion, the color of my skin, whatever it is.I go to a fair housing group and I make a complaint.If they, they will then investigate my complaint.If they feel that there is some validity to that, they will do their own research.They will start their own investigation.They will have testers.They will go out. They then turn it over usually to HUD.With their findings, if they feel that there is what we call a pattern or a practice ofdiscrimination, they will send it to HUD.If HUD, the Housing and Urban Development Office of the government, feels that it risesto a certain level and they think that there is a discriminatory pattern and practice goingon, then that gets referred over to the Department of Justice.So the lawsuit can either be me, Wildrick versus ABC Senior Living.If I feel that I've been discriminated against individually, I can sue you instate court or federal court.If it's a fair housing group, then a lot of times, you know, that fair housing groupwill bring it on my behalf.So it would be Wildrick and the Fair Housing Alliance versus if it goes to HUD, itwould be, you know, HUD, Housing and Urban Development v.the housing community.And again, in the worst case scenario, it rises up to the level of the DOJ, theDepartment of Justice, and they will bring the claim and it will then be the UnitedStates of America. It will be in federal court and it will be brought against you.So there are they are essentially what you're referring to as the police.They are the enforcers.They are bringing them. But private claims can be brought by individuals or by privatehousing groups. And there are loads of them out there or the government can do it.Well, so now on a professional standpoint, where do you come in the business thatyou're involved in? Which piece of this?Are you the police? Are you the defendants?Are you just educating people to stay away from the cops?Right. So my job as the risk manager for FSA, for the communities that we work with, webring we do lots of education.We do lots of fair housing education, both for marketing and admission staff, as well asstaff within the community that is responsible to move people through that continuum ofcare. So we do loads of education for them.We also come in many times and we do education for the residents themselves.We have meetings with residents.Sometimes residents, for example, may say, you know, things that we feel areinappropriate, like why is so and so in the dining room?She's in a wheelchair and and she's totally out of it.And I don't want to look at that when I'm eating and, you know, or asking questions.Why is this person living in independent living?This person doesn't belong here.She's not like the rest of us.She should go into assisted living.You know, we have a problem with it.We're here to educate the residents on their rights as residents, as well as, you know,what the Fair Housing Act says and why we're not going to share any details andinformation with them about other residents and what we're doing with them and forthem as far as reasonable accommodations or any any other way that we're working withthem. So we like to educate the residents.We also work specifically with marketing teams.We help them with, again, do's and don'ts in their marketing materials, language thatthey should have on all of their websites, on their brochures, on anything that they'redoing. We help them with information on, you know, things to share and not share duringtours. So, you know, we're here and we develop all kinds of templates for policiesand procedures and things of that nature.We also work with the risk management committees to review all of the marketingmaterials and the website before they actually go live and before anything's printed tomake sure that everything is, you know, on the up and up, both from a fair housingstandpoint and a general risk management standpoint.We don't want people over promising that, you know, it's all about for us settingrealistic expectations.So we're here at FSA to help our communities understand what it is, understand therisks, and also develop policies, procedures, rules, guidance.So we talk about rules and we have templates for rules for service animals, rules forscooters, rules for private duty aid, hold homeless agreements, indemnificationagreements when somebody does want to hire a private aide to make sure that theyunderstand that we're not responsible for, you know, what they do or what they doincorrectly or what they fail to do.So those are all things that we do at FSA in our risk management program to assist theorganizations that we work with.Fascinating.We've gone a little bit later because you're sharing, you're dropping all the jewelsthere. But the question for, is there anything, it may not be necessarily fair housingrelated, but if there are residents in a senior living setting that completelydisregards all discriminatory laws and regulations, to have some people that justdon't care anymore and they'll say things to the staff about their religion, aboutthe color of their skin, about the country that they come from, about their accent, andthey'll, they have nothing to lose.Is there any recourse, and you can educate them, but they don't care.Is there any recourse that providers can do to help really prevent their staff, notprotect their staff, or the residents from each other, when you have residents thatcompletely ignore all the rules that we're discussing?Well, that would be a topic for an entire other podcast.But what I will say is what you're describing for your employees is a hostile workenvironment. And even if you cannot stop the resident from saying, you know, thebigoted, you know, racist kinds of things that you're describing, you cannot, as aprovider, throw your hands up and say, oops, sorry.You know, in one particular case that was, it's a fairly recent case that was broughtfor a hostile work environment.The CNA was being, you know, spoken to in that manner that you just said, and alsosexually harassed, groped, touched, you know.And the administrator in that case, the language that she used was, put your big girlpanties on and deal with it.OK. And they got hit with a massive verdict.So you don't want to do that.But so, again, there are things that you should and can do to mitigate the harm thatcomes to employees. So, you know, for example, you might want to switch staffingpatterns around. You might, if it's somebody that is, you know, touching inappropriately,then you might want to use, you know, a male caregiver or you might send that person inwith a second caregiver at all times.Or you might, again, like in the case of the CNA that I was just talking about, she hasto be moved to a different wing away from that resident.And that's when the administrator said that to her.So, again, you want to look, there's all different things that you can do.But what you shouldn't do is to basically throw your hands up and say, there's nothingthat I can do about that.No, of course not. No, the question is not about the staff, but the question is, is thereanything that can be done to, I guess, to encourage or force the people who live inthat setting not to engage in those practices?Well, other than what you just described, you know, like the education, and obviouslyit's going to depend on the, you know, on the competency of that individual.If that individual has intellectual disabilities and or dementia, right, right.But if they don't have those things, then, you know, and they're not abiding by therules, then there may have to be, you know, after you've spoken to them, anddocumentation is key, you have to be documenting everything you're doing, everyeffort you're making, every conversation that you've had.And if that resident is refusing, then there may have to be a discharge in that casebecause you're not able to care for them anymore.Got it. Got it.Fascinating.If people want to learn more about the topics that we're discussing or learn moreabout you and your company, where's a good resource, where's a good place to send themto?Our website, FSAinfo.org, is a good place, and it has, you know, a number of theresources that we have on there.We, you know, we provide a lot of different services in addition to risk management.Awesome.Okay.FSA, what is it, FSAinfo?Yeah, FSAinfo.org.Okay.We'll include that in the show notes.I'm going to take a little peek.All right.Any final thoughts before we let you go for today?Again, I think it's really important that you recognize and discuss, you know, whatyour risk tolerance is because the message that I want you to take is, yeah, there area lot of fair housing rules and the advocacy groups really, you know, they take a verystrong position pro-tenant, pro-resident.You know, myself, you know, representing providers and on the, you know, trying tokeep providers out of trouble, I might take a more restrictive view of it, but it'sreally be aware of what the risks are and then make informed decisions about your riskbenefit analysis and what your risk tolerance is.Sometimes it might be better to decline admission to somebody, you know, and risk afair housing claim than to take somebody in that, you know, is not appropriate andit's going to struggle in a particular level of care, you know, and it's going to, youknow, be really a massive burden to you.You might choose to take the risk of potentially a discrimination fair housing claimthan to take somebody in that, you know, is going to be incredibly problematic andpotentially present you with a negligence action.Got it.Got it.Okay.I'm just going to, wait, you just want to unmute.I know you didn't, I'm sorry.I'm looking at the wrong place here.That's my bad.But there's just one comment here from Hannah.It says, thank you, Christina, for sharing your expertise as a marketing professional.Christina living in organizations is very interested in to think through the risks,which is definitely true.And there's something that you brought to us.Thank you very much, Christina, for joining us today and for sharing everything that youshared over here on the show.It definitely has been very informative just about, like you said, knowing the risks, whento take them, when not to take them.Right.Okay.You're welcome.Thank you for having me.

**ENCORE: This podcast was recorded May 17, 2022 **Marie Dagenais-Lewis, the Operations Manager at Diversability,  discusses the Diversability Leadership Collective and its community that fosters meaningful connections and offers resources & opportunities to help accelerate disability leadership and influence. *Resources*Diversability Leadership Collective: https://diversability.mn.co/Linktree: https://linktr.ee/DiversabilityFacebook: https://www.facebook.com/diversabilityTwitter: https://twitter.com/DiversabilityInstagram: https://www.instagram.com/diversability/YouTube: https://www.youtube.com/channel/UCHR3MGpjxxorkLvIiIK-eXATikTok: https://www.tiktok.com/@diversabilityNucleus Research: https://nucleusresearch.com/research/single/the-internet-is-unavailable/The Purple Pound: https://wearepurple.org.uk/the-purple-pound-infographic/#:~:text=The%20Purple%20Pound%20refers%20to,the%20members%20has%20a%20disability.Support the showTo view the video of this episode with closed captioning, ASL interpretation, and/or Spanish subtitles, visit our YouTube Channel: https://www.youtube.com/playlist?list=PL0L4INYxuDLx8b8oFTpaXbe42NLmZBKDY.(The views, information, or opinions expressed during the "Empire State of Rights" podcast are solely those of the individuals involved and do not necessarily represent those of Disability Rights New York.)

For a featured episode of "The Director's Chair," DRNY's Executive Director, Tim Clune, Esq. welcomes board member, Lisa Barone, to discuss her work at OverIt,  her history with Disability Rights New York, and her experience with accessibility accommodations.**SHOW NOTES*https://overit.com/ What Stuttering Taught Me (TEDxAlbany, 2011): https://tedxalbany.org/talks/2011-talks/lisa-barone/Support the showTo view the video of this episode with closed captioning, ASL interpretation, and/or Spanish subtitles, visit our YouTube Channel: https://www.youtube.com/playlist?list=PL0L4INYxuDLx8b8oFTpaXbe42NLmZBKDY.(The views, information, or opinions expressed during the "Empire State of Rights" podcast are solely those of the individuals involved and do not necessarily represent those of Disability Rights New York.)

The Disability Royal Commission has called for "social transformation" to end discrimination against the 4.4m Australians living with disability. This week, disability advocate El Gibbs on what the royal commission uncovered, and whether its 220 recommendations will be heard.

DRNY's PAIMI & PATBI program director, Marc Fliedner, Esq., and  staff attorney, Alyssa Galea, Esq., discuss advocacy strategies to ensure the inclusion of people with disabilities in emergency preparedness and response.*SHOW NOTES*“Never About Us Without Us” webinar series: https://www.youtube.com/playlist?list=PL0L4INYxuDLzJi1Q5gR5sZtPbUSMwAfwc Webinar  resource library: https://www.dropbox.com/s/3e7knpjj417fplz/Session%20Resources.pdf?dl=0 Support the showTo view the video of this episode with closed captioning, ASL interpretation, and/or Spanish subtitles, visit our YouTube Channel: https://www.youtube.com/playlist?list=PL0L4INYxuDLx8b8oFTpaXbe42NLmZBKDY.(The views, information, or opinions expressed during the "Empire State of Rights" podcast are solely those of the individuals involved and do not necessarily represent those of Disability Rights New York.)

**This encore episode was recorded on March 22, 2022 **Rose Ewald, a self-advocate and PhD student in the Public Health Education department at the University of North Carolina at Greensboro, discusses health equity for people with disabilities and ableism as a social determinant of health (SDOH).Support the showTo view the video of this episode with closed captioning, ASL interpretation, and/or Spanish subtitles, visit our YouTube Channel: https://www.youtube.com/playlist?list=PL0L4INYxuDLx8b8oFTpaXbe42NLmZBKDY.(The views, information, or opinions expressed during the "Empire State of Rights" podcast are solely those of the individuals involved and do not necessarily represent those of Disability Rights New York.)

Half Access treasurer, TJ Hayes, and board member, Valerie Kraft, discuss accessibility requirements and inclusion for live music events. *Show Notes*Half Access: https://halfaccess.org/# “Disabled People to the Front”: https://halfaccess.org/disabled-people-to-the-front/ Support the showTo view the video of this episode with closed captioning, ASL interpretation, and/or Spanish subtitles, visit our YouTube Channel: https://www.youtube.com/playlist?list=PL0L4INYxuDLx8b8oFTpaXbe42NLmZBKDY.(The views, information, or opinions expressed during the "Empire State of Rights" podcast are solely those of the individuals involved and do not necessarily represent those of Disability Rights New York.)

**This encore episode was recorded on March 21, 2022 **Zoe Gross, the Director of Advocacy at the Autistic Self Advocacy Network (ASAN), discusses the mission of the organization, its resources, and the importance of preferred language.**Show Notes**autisticadvocacy.org"Crisis in our Communities: Racial Disparities in Community Living": https://autisticadvocacy.org/policy/toolkits/disparities/"For Whose Benefit?: Evidence, Ethics, and Effectiveness of Autism Interventions": https://autisticadvocacy.org/policy/briefs/intervention-ethics/"Identity-First Language" by Lydia X.Z. Brown: https://autisticadvocacy.org/about-asan/identity-first-language/https://www.facebook.com/AutisticAdvocacy/https://twitter.com/autselfadvocacyhttps://autisticadvocacy.tumblr.com/https://www.instagram.com/autisticselfadvocacy/Support the showTo view the video of this episode with closed captioning, ASL interpretation, and/or Spanish subtitles, visit our YouTube Channel: https://www.youtube.com/playlist?list=PL0L4INYxuDLx8b8oFTpaXbe42NLmZBKDY.(The views, information, or opinions expressed during the "Empire State of Rights" podcast are solely those of the individuals involved and do not necessarily represent those of Disability Rights New York.)

**This encore episode was recorded on March 1, 2022 **Director, Gearóid Dolan, and Associate Producer, Jessica Murray,  discuss their film, "The Biggest Obstacle," and the importance of public transportation accessibility.**Show Notes**"The Biggest Obstacle":https://thebiggestobstacle.com/https://www.facebook.com/theBiggestObstaclehttps://www.instagram.com/thebiggestobstacle/https://www.imdb.com/title/tt15084766/Click here to see the full film on Tubi TV: https://tubitv.com/movies/637590/the-biggest-obstacle (North America, Australia & New Zealand, closed captions available)Click here to see the full film on Plex: https://app.plex.tv/desktop/#!/provider/tv.plex.provider.vod/details?key=%2Flibrary%2Fmetadata%2F6180230734b5763acde71ae4 (Worldwide except China, closed captions available)Gearóid's websites:http://www.screamachine.com/Interactive documentary sites: http://evill.nyc/fracturedselves/http://www.evill.nyc/protest/https://www.facebook.com/GearoidDolanArtist/https://www.instagram.com/screamachine_art/https://www.youtube.com/user/screaMachineARThttps://www.imdb.com/name/nm12775852/"Protest: Queer Liberation March": https://youtu.be/A4bMgtZ0z3AJessica Murray's next project is to establish an archive to document disability rights movements in New York City. To learn more about the project, visit: https://library.csi.cuny.edu/archives/projects and if you have materials to contribute, please fill out this short form so we can get in touch: https://docs.google.com/forms/d/e/1FAIpQLSfCCcDDUBAxqpJMXpc3EpQZvLzCw-dBHtMA3NhStm3yyiSH1w/viewformSupport the showTo view the video of this episode with closed captioning, ASL interpretation, and/or Spanish subtitles, visit our YouTube Channel: https://www.youtube.com/playlist?list=PL0L4INYxuDLx8b8oFTpaXbe42NLmZBKDY.(The views, information, or opinions expressed during the "Empire State of Rights" podcast are solely those of the individuals involved and do not necessarily represent those of Disability Rights New York.)

Bela Gaytán, a Technical Instructional Designer at a tech startup and a DEIA consultant to NASA Astrophysics discusses linguistic ableism as an equity barrier within our communities and how using inclusive language can enact societal and cultural change.*Show Notes*https://www.belagaytan.com/ "Embracing the Power of Inclusive Language": https://www.belagaytan.com/embracing-the-power-of-inclusive-language/ Support the showTo view the video of this episode with closed captioning, ASL interpretation, and/or Spanish subtitles, visit our YouTube Channel: www.youtube.com/c/DisabilityRightsNewYork.(The views, information, or opinions expressed during the "Empire State of Rights" podcast are solely those of the individuals involved and do not necessarily represent those of Disability Rights New York.)

Jessie Wusthoff, a DEI consultant with a focus on disabilities, and Mary Fashik, creator and host of The Politics of Disability podcast, discuss the history & sociological evolution of linguistic ableism and the harms of ableist structures within our society today.*Show Notes*The Politics of Disability podcast: https://thepoliticsofdisability.buzzsprout.com/ Intersections Lost: Two Intertwined Histories of Oppression: https://medium.com/@jessiewusthoff/intersections-lost-two-intertwined-histories-of-oppression-3891fd203e22#UpgradeAccessibility : https://www.upgradeaccessibility.com/#:~:text=Founder%20of%20the%20%23UpgradeAccessibility%20movement,and%20glasses%2C%20who%20is%20smiling The Role of Psychology in Othering of Disability:https://studycorgi.com/the-role-of-psychology-in-othering-of-disability/Speechless (TV series 2016-2019): https://www.hulu.com/series/speechless-b6d96e11-f2ef-49e8-9541-99d704d8190b Lizzo and Beyoncé song lyric articles:https://www.npr.org/2022/06/14/1104925003/lizzo-rerecords-grrrls-criticism-ableismhttps://www.wsj.com/articles/beyonce-to-replace-lyric-on-renaissance-after-backlash-from-disability-rights-advocates-11659379627?https://www.insider.com/beyonce-lizzo-changed-lyrics-ableism-black-artists-double-standard-2022-8https://www.theguardian.com/commentisfree/2022/aug/02/beyonce-lizzo-ableismSupport the showTo view the video of this episode with closed captioning, ASL interpretation, and/or Spanish subtitles, visit our YouTube Channel: www.youtube.com/c/DisabilityRightsNewYork.(The views, information, or opinions expressed during the "Empire State of Rights" podcast are solely those of the individuals involved and do not necessarily represent those of Disability Rights New York.)

The story was reported by Wisconsin Watch's Phoebe Petrovic. This is Petrovic's second story examining the laws and rules that allow publicly financed voucher schools to expel certain children for immutable characteristics, including having a disability or identifying as LGBTQ+. Originally published on May 20th, 2023.

Founder of Equal Opportunities for Students, Elijah Armstrong, discusses the Heumann-Armstrong Educational Awards and advocacy for equal access in education. *Show Notes*Heumann-Armstrong Educational Awards: https://www.lls.edu/coelhocenter/heumann-armstrongeducationalawards/?fbclid=IwAR28khjodNS2d4kfvPfj4GZhifkNaPLdetYlPlcn6QxEhjcEjjdrVudIaOM  Applications are open from May 15th, 2023 until July 16th, 2023.Equal Opportunities for Students: http://www.equalopportunitiesforstudents.org/Equal Opportunities for Students YouTube Channel: https://www.youtube.com/channel/UCNnTaM30sgXTTuN8eDumX4w About Judy Heumann: https://judithheumann.com/project/about/Crip Camp (2020): https://cripcamp.com/ Being Heumann: https://judithheumann.com/being-heumann/ Section 504: https://www2.ed.gov/about/offices/list/ocr/504faq.htmlIndividuals with Disabilities Education Act (IDEA):  https://sites.ed.gov/idea/ The Rehabilitation Act of 1973: https://www.eeoc.gov/statutes/rehabilitation-act-1973 The UN Convention on Rights of Persons with Disabilities: https://social.desa.un.org/issues/disability/crpd/convention-on-the-rights-of-persons-with-disabilities-crpd Americans with Disabilities Act (ADA): https://www.ada.gov/ AAPD Internship Program: https://www.aapd.com/summer-internship-program/ Support the showTo view the video of this episode with closed captioning, ASL interpretation, and/or Spanish subtitles, visit our YouTube Channel: www.youtube.com/c/DisabilityRightsNewYork.(The views, information, or opinions expressed during the "Empire State of Rights" podcast are solely those of the individuals involved and do not necessarily represent those of Disability Rights New York.)

Maura was attending an appointment and spotted an elderly man watching porn in the hospital waiting room Callers voiced their views on the remarks made by the President regarding Prof Louise Richardson Pat's daughter Katie Linh suffers from Muscular Dystrophy but has been deemed "not disabled enough" to receive an Adapted Vehicle Grant

Why is it that wheelchair users face outrageous extra charges to attend live rugby games? As a society, why do we remain silent about such discrimination? Join us as we get to the heart of this issue with Paralympic athlete and Disabled Rights Advocate, Barney Koneferenisi. In this eye-opening conversation, Barney shares his insights on the discrimination faced by disabled individuals and the challenges they go through in day-to-day life. We also explore reasons why someone might consider leaving New Zealand, such as the pay gap, but learn why our very own Duncan Garner ultimately decided to stay and forge ahead as a podcaster. Have you ever thought about setting up a rideshare service for the disabled community? That's exactly what Barney had in mind when he noticed the lack of accessible transportation options for disabled individuals. In this episode, we discuss his findings after surveying 200 disabled individuals and the difficulties they face, such as Uber turning them down and service animals being refused by drivers. Barney speaks about the estimated $180,000 cost for developing an app for this purpose, and the challenges of finding a van service that can accommodate wheelchairs. Finally, we tackle the world of fundraising for disabled individuals and the importance of corporate awareness of disabled accessibility. We discuss the NBI Rich List and how corporate individuals often exploit the disabled community for their own business promotion. Additionally, we address the extra costs imposed on disabled individuals when attending live events, and the issue of disabled car parks being occupied by those who aren't actually disabled. Don't miss this important conversation with Barney Koneferenisi that sheds light on the struggles faced by the disabled community daily. (0:00:10) - Considering Moving to Australia? (0:08:53) - Disability Ride Share App (0:16:53) - Fundraising and Disability Discrimination (0:22:35) - Safer Taxi Rides for Vulnerable (0:30:30) - Editor's Mum Takes ChargeSee omnystudio.com/listener for privacy information.

In this episode, you'll learn about disability discrimination, including:-Considerations when an employee is absent with work-related stress or anxietyHow a discrimination arising from disability claim works when there are multiple disabilitiesThe balancing act between making reasonable adjustments and performance management Daniel discusses the topic with Karen Jackson from didlaw.This podcast  is supported by rradar and by Breedon Consulting and by the HR Inner Circle (the UK's leading community for smart, ambitious HR Professionals).

Producer, Frank Petka, and featured performer, Nick Fergus– better known as “Nick Lightning”– discuss their documentary Nick Lightning (2021), upcoming developments, and the importance of disability representation & inclusion in media.*Show Notes*"Nick Lightning" trailer: https://www.youtube.com/watch?v=Cp0Wt2MuUk4 Follow Nick Lightning on Facebook! (@NickLightining): https://www.facebook.com/profile.php?id=100015960068849To request a Q&A or screening, contact producer Frank Petka at frank.petka@gmail.com.Support the showTo view the video of this episode with closed captioning, ASL interpretation, and/or Spanish subtitles, visit our YouTube Channel: www.youtube.com/c/DisabilityRightsNewYork.(The views, information, or opinions expressed during the "Empire State of Rights" podcast are solely those of the individuals involved and do not necessarily represent those of Disability Rights New York.)

DRNY Senior Staff Attorney, Jessica Richwalder, Esq. discusses work from home as a reasonable accommodation, how to submit a request to your employer, and the steps needed to file a complaint if your request is denied.*Show Notes*Fact Sheet-"Reasonable Accommodation for Employment": https://www.dropbox.com/s/6yb8qunnu5d3dxs/reasonable-accommodation-employment.pdf?dl=0Support the showTo view the video of this episode with closed captioning, ASL interpretation, and/or Spanish subtitles, visit our YouTube Channel: www.youtube.com/c/DisabilityRightsNewYork.(The views, information, or opinions expressed during the "Empire State of Rights" podcast are solely those of the individuals involved and do not necessarily represent those of Disability Rights New York.)

Meg Howrey (The Wanderers, The Cranes Dance) joins Daniel Ford on Friday Morning Coffee to talk about her novel They're Going to Love You.  Caitlin Malcuit also discusses disability discrimination in the workplace. Some further reading material:  "Why Union Membership Is Good For Workers With Disabilities" | The Center for Economic and Policy Research (CEPR) "Building a Community of Disabled Workers Changed My Relationship with My Union" | Jacobin "EEOC Sues Total Systems Services for Disability Discrimination and Retaliation" | JD Supra To learn more about Meg Howrey, visit her official website and follow her on Twitter and Instagram.  Writer's Bone is proudly sponsored by Libro.fm, Film Freaks Forever!, and As Told To: The Ghostwriting Podcast.

Co-founder and New York Director of the ReelAbilities Film Festival, Isaac Zablocki, discusses the mission and goals of the festival, the importance of equity in arts & media, and shares information for the upcoming New York event. *Show Notes*Website: https://reelabilities.org/newyorkSummit: https://reelabilities.org/summitFestival and Summit Passes: https://rffny2023.eventive.org/passes/buy Link to all virtual films: https://watch.eventive.org/rffny2023Live event schedule: https://reelabilities.org/newyork/schedule/Follow ReelAbilities:Facebook: https://www.facebook.com/ReelAbilitiesFacebook Event: https://www.facebook.com/events/1204604246923178/Twitter: @ReelAbilities Instagram: @reelabilitiesny TikTok: @reelabilitiesnyLinkedin: https://www.linkedin.com/company/reelabilities-film-festival/Youtube channel: ReelAbilities Film Festival: New York - YouTubeSupport the showTo view the video of this episode with closed captioning, ASL interpretation, and/or Spanish subtitles, visit our YouTube Channel: www.youtube.com/c/DisabilityRightsNewYork.(The views, information, or opinions expressed during the "Empire State of Rights" podcast are solely those of the individuals involved and do not necessarily represent those of Disability Rights New York.)

Renowned disability rights advocate and Associate Professor at Stony Brook University, Brooke Ellison, PhD., discusses her journey as an activist, the importance of inclusivity and accessibility, and her latest memoir “Look Both Ways”. *Show Notes*https://www.brookeellison.com/https://www.stonybrook.edu/commcms/bioethics/people/ellison.phpMemoirs & Other Publications: "Look Both Ways" (2021) : https://www.brookeellison.com/look-both-ways"Miracles Happen" (2002): https://www.amazon.com/Miracles-Happen-Daughter-Journey-Hardcover/dp/B011MEQ62S"The Brooke Ellison Story" (2004), Directed by Christopher Reeve: https://www.imdb.com/title/tt0407612/Speeches:TEDx "The Pillars of Hope": https://www.youtube.com/watch?v=hA28_fd5e1A&t=1sAmerican Society for Neuro-Rehabilitation Person of the Year keynote- "The Patient as the Professor": https://www.youtube.com/watch?v=U3mE9kndUqo&t=1740s Harvard- "A Shared Confidence": https://www.youtube.com/watch?v=alf_I1p7bds&t=143sFollow Brooke on: Facebook (@brooke.ellison1020): https://www.facebook.com/brooke.ellison1020Twitter (@brookemellison): https://twitter.com/brookemellisonInstagram (brooke_ellison1020): https://www.instagram.com/brooke_ellison1020/Support the showTo view the video of this episode with closed captioning, ASL interpretation, and/or Spanish subtitles, visit our YouTube Channel: www.youtube.com/c/DisabilityRightsNewYork.(The views, information, or opinions expressed during the "Empire State of Rights" podcast are solely those of the individuals involved and do not necessarily represent those of Disability Rights New York.)

Jermaine Greaves, the founder of Black Disabled Lives Matter (BDLM) and creative behind the brand “Not Like the Other Kids”, discusses the mission and development of BDLM, his experience as an activist, and his work for brands and events. *Show Notes*Follow Jermaine:Website: https://jermainegreaves.com/Twitter: @Jermainesay -- https://twitter.com/Jermainesay?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5EauthorInstagram: @jermainegreaves -https://www.instagram.com/jermainegreaves/?hl=enTikTok: @jermainegreaves -https://www.tiktok.com/@jermainegreaves?lang=enBlack Disabled Lives Matter:Twitter: @Blackdisabledl2 -https://twitter.com/Blackdisabledl2Instagram: @blackdisabledlivesmatter  -https://www.instagram.com/blackdisabledlivesmatters/?hl=enNot Like the Other Kids: https://www.stereotypeco.com/Diversability 2022 "D-30 Disability Impact List": https://mydiversability.com/d30-2022-honorees/jermaine-greavesSupport the showTo view the video of this episode with closed captioning, ASL interpretation, and/or Spanish subtitles, visit our YouTube Channel: www.youtube.com/c/DisabilityRightsNewYork.(The views, information, or opinions expressed during the "Empire State of Rights" podcast are solely those of the individuals involved and do not necessarily represent those of Disability Rights New York.)

Mark Sullivan, a freelance photographer from Brooklyn, NY., shares his DRNY story and journey as a business owner & self advocate.*Show Notes*http://markjosephsullivan.com/Follow Mark: Instagram- https://www.instagram.com/markjsullivanphotographer/Facebook- https://www.facebook.com/MarkJSullivanPhotographer/Twitter- https://twitter.com/markjoesullivanSupport the showTo view the video of this episode with closed captioning, ASL interpretation, and/or Spanish subtitles, visit our YouTube Channel: www.youtube.com/c/DisabilityRightsNewYork.(The views, information, or opinions expressed during the "Empire State of Rights" podcast are solely those of the individuals involved and do not necessarily represent those of Disability Rights New York.)

DRNY staff attorney, Emma Stern,  discusses the accessibility requirements for snow & ice removal in New York State and emergency preparedness.Show Notes:DRNY Fact Sheets: https://www.drny.org/page/emergency-preparedness-128.htmlEmail DRNY at snow@drny.orgFEMA resources:Snow Assistance- https://www.dhses.ny.gov/system/files/documents/2022/11/fact-sheet-for-fema-public-assistance-snow-events.pdfBe Prepared for a Winter Storm- https://community.fema.gov/ProtectiveActions/s/article/Winter-StormSupport the showTo view the video of this episode with closed captioning, ASL interpretation, and/or Spanish subtitles, visit our YouTube Channel: www.youtube.com/c/DisabilityRightsNewYork.(The views, information, or opinions expressed during the "Empire State of Rights" podcast are solely those of the individuals involved and do not necessarily represent those of Disability Rights New York.)

Today is Wednesday, July 27, and we're looking at Uber vs. Lyft.See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

In this episode I interview Nas Campanella, new mum to baby Lachlan and a disability affairs reporter for the ABC. Nas is visually impaired and has a neurological condition that affects her dexterity and balance, so her journey to motherhood has required a lot of active preparation and planning. She talks in detail about the discussions she had with obstetricians pre-conception, her exemplary care during pregnancy and birth, the guidance she received from occupational therapists and the practices she's embraced in postpartum to adjust to new motherhood. As well as sharing a list of practical products that have helped her navigate day to day life with a baby, she discusses the warm and welcoming support she's received from her family, postpartum doula, mothers groups and friends. You'll love this episode. Thank you, Nas!

Aishah-Nyeta is an advocate for climate, race, and disability justice from Virginia in the USA. She says she grew up feeling ‘stupid' and different from her peers due to her dyscalculia and the social challenges of her undiagnosed autism.  Now 25, she was diagnosed autistic in 2020, when she began using her Instagram account to educate her friends and community – and the wider world – about autism and her particular experience as a Black autistic woman. She recently graduated with a BA in Climate Change and Society, and hopes to bring awareness and innovation to the environmental challenges and injustices of the world. She also serves as a Gen-Z advisor for the Climate Mental Health Network, an organisation that aims to address the mental health consequences of climate change. In our conversation we talk about: ➡ Growing up hyper aware of her difference ➡ Auditory processing disorder ➡ Her difficulties sharing her autism diagnosis with her family ➡ Disability discrimination at university ➡ The intersectionality of identities, and how we can all do more to understand them I hope you'll enjoy our conversation as much as I did. Skin picking is mentioned in this episode (the proper term for this, which neither of us could remember, is dermatillomania or excoriation disorder). If you'd like more information about this condition, visit this NHS page. Squarepeg is a podcast in which neurodivergent women, and trans and nonbinary people, explore navigating a neurotypical world and share their insights, challenges and successes. I hope that these conversations will be inspiring and thought provoking, open you up to new ways of thinking about being neurodivergent, and help you feel more connected to a worldwide community of people with similar experiences. I'm Amy Richards, and after being diagnosed autistic at the age of 37 I'm now on a mission to learn more about different perspectives and issues around being a neurodivergent adult in a world that feels like it doesn't quite fit.   EPISODE LINKS: Aishah's Instagram: https://www.instagram.com/aishah_nyeta/  YouTube: https://www.youtube.com/c/AishahNyeta Website: https://www.aishahnyeta.com/ If you'd like to connect or get in touch with Squarepeg, you can find me on: Instagram: https://www.instagram.com/squarepeg.community/ Twitter: https://twitter.com/squarepegautism  Facebook: https://www.facebook.com/squarepegautism/  Or on my website: https://squarepeg.community/    THANK YOU TO MY PATRONS! A HUGE thank you to my amazing patrons, who support my work on the podcast: Abi Hunter, Amy Adler, Amy-Beth Mellor, Abigail J Moore, Ben Davies, Benita Borchard-Thierbach, Caroline, Cat Preston, Catrin Green, Cindy Bailey, Corinne Cariad, Danielle Warby, Dawn Trevellion, Elizabeth Williams, Elise, Jackie Allen, Jeff Goldman, Kate Faust, Katharine Richards, Katherine Lynch, Lea Li, Lilli Simmons, Lyb, Mandy Allen, Pete Burke, Rebecca Kemp, Sarah Cottrell, Sarah Jeffery, Sarah Swanton, Sioned Wynn, Suzanna Chen, Suzanne, Tree Hall, Una Walkenhorst, Vera Cady, Vicki Temple and Victoria Routledge. If you're enjoying the Squarepeg podcast and would like to help me carry on making new episodes, you can become a member of the Squarepeg community on Patreon from just £3 per month: https://www.patreon.com/squarepegpodcast 

The Windows 10 Search Bar, Boycotts of the Week, Kink Shaming, Disability Discrimination