NEW YORK — A federal class-action lawsuit claims New York City's subway system has broken the law by failing to make stations wheelchair accessible. The lawsuit was filed by the group Disability Rights Advocates on behalf of individual plaintiffs and a coalition of disability organizations.

The Americans with Disabilities Act requires transit systems to make older facilities accessible when major renovations are done. But according to Emily Seelenfreund, an attorney with DRA, almost 30 years after the ADA became law, three-quarters of the 472 New York City subway stations still are inaccessible to wheelchair users, the elderly, parents with strollers and travelers with luggage.

"The MTA has blatantly ignored that mandate and it just continues to shut down station after station to make the station better for people without disabilities but totally ignoring the needs of the riders with disabilities,” Seelenfreund said.

Earlier this year, the Metropolitan Transportation Authority said it would allocate almost $3 billion for accessibility improvements in the five-year capital plan starting in 2020, up from just $248 million in the 2010 plan.

Susan Dooha is executive director of the Center for Independence of the Disabled New York, a plaintiff in the case. She pointed out that in the past, the MTA issued a report saying it would make many more stations accessible, but promises are not enough.

"The plan is only as good as their ongoing will to carry it out,” Dooha said. “And we think at this point we need a binding agreement."

She noted the MTA is still working to fulfill its obligations under a 1994 court settlement called the "key stations agreement.”

In March of this year, a federal court ruled that the renovation of a subway station in the Bronx triggered a requirement under the ADA to install elevators, which was not done. Seelenfreund said the new lawsuit seeks to build on that ruling.

"Our lawsuit is taking that lawsuit and asking the federal courts to apply it broadly to all the stations in which the MTA has ignored their customers with disabilities just like at the Middleton Road station,” Seelenfreund said.

The lawsuit seeks an order requiring the MTA to install elevators or other means of stair-free access in all renovated stations.

Ahead of the holiday season, advocates are calling on Congress to increase disability access in air travel. The Bureau of Transportation Statistics reports a little more than 1,000 wheelchairs and scooters were mishandled in May of this year. In January, the Department of Transportation received 222 disability-related complaints, an increase from the same period in 2022.

Kendra Davenport, president and CEO of Easterseals, said air travel is not as accessible as it needs to be.

"When the Americans with Disabilities Act was passed, it really mandated that most modes of transit adopt modalities that would make them more accessible, and air travel was given a pass. You know, we all have an interest in moving faster and making air travel accessible," Davenport said.

This was partially due to the passage of the Air Carrier Access Act of 1986, which prohibits commercial airlines from discriminating against disabled passengers. Davenport wants to see Braille placards, in-flight entertainment designed for hearing-impaired people, and ways to help neurodivergent people too. She and other advocates want Congress to implement these changes by 2026.

But, this won't be so easy. Even though the ACA and the ADA have been around for more than three decades, it's uncertain whether these changes will come to fruition. But, she says this issue can no longer be ignored.

"The baby boomers are aging rapidly. More and more of us will be disabled. This is no longer an issue that's pushed off to the corner of the desk; this is front and center," Davenport continued.

U.S. Census data show in 2020, people age 45 and older made up 42% of the population. She says all stakeholders, from air-travel employees to legislators to disability-rights advocates, need to come together for solutions, adding it's more than a holiday issue, it's an everyday issue.

By Ramona Schindelheim for WorkingNation.
Broadcast version by Eric Galatas for Wyoming News Service reporting for the WorkingNation-Public News Service Collaboration

The number of people with disabilities who are working rose last year to 21.3%, up from 19.1% in 2021. Still, those statistics lag far behind the 65% workforce participation rate in 2022 for people with no disabilities.

However, some key factors are helping open doors into the workforce for people with disabilities. For one, employers are recognizing there is a pool of untapped talent in a tight labor market as they look to fill millions of jobs.

At the same time, companies are also trying to diversify their workforces.

Some advocates see enthusiasm among companies to hire people with disabilities, but stress employers need direction as to how to go about it.

"I think it's come a long way. A lot more people are interested in doing it. But they don't do it for lots of different reasons. Mostly, it's because they come at it the wrong way," says Randy Lewis, who calls himself an accidental disability advocate.

He founded the NogWog (No Greatness Without Goodness) Disability Initiative and advises employers on how to hire people with disabilities.

How One Initiative Changed a Work Culture for the Better

Lewis gained firsthand experience while serving as senior vice president at Walgreens in charge of the supply chain until his retirement in 2013.

There, Lewis created thousands of full-time jobs for people with disabilities when he launched a disability employment initiative in 2007 at a distribution center in Anderson, South Carolina that included workers with intellectual and developmental disabilities.

The mandate - same jobs and same pay as everyone else. It became so successful, it expanded to other locations, and set a national standard. To date, Walgreens says it's shared the model with 400 businesses.

Lewis uses that experience when other companies are looking to hire people with disabilities. His emphasis? Hiring people with disabilities can change everyone around them for the better.

"If somebody calls me up and they say they're interested in hiring people with disabilities, I tell them to go to one of our two buildings that has 30% of people with disabilities, a large number of people. The reason to go there is somebody can tell you the facts and cite numbers. But until you see it for real, you won't do it," explains Lewis.

He stresses visiting those centers makes it clear that the workers with disabilities are getting the job done. Besides higher retention rates among workers with disabilities and the bottom line being boosted, the culture makes an impression. "What really gets people to say 'I want to do this' is talking to the managers about what it's like to work there," says Lewis.

Part of the culture, he explains, is a shared goal of success for everyone and an environment where people talk to one another and pay attention to each other.

When Lewis advises companies, he says rethinking their hiring process for workers with disabilities is key. "They'll ask what kind of jobs are good for people with disabilities? But that's not the question you should ask. The first question asked, 'Where do you have hiring opportunities? And what does that job require?' Because there are people with disabilities that can do it," says Lewis.

The idea, he explains, is to match people to skills and advocates the use of a working interview where a potential employee can do an internship and demonstrate their skills. Using peer coaches also adds to success.

Lewis also credits having an executive champion to provide the "fire in the engine" to define an end goal of success and roadmaps to get there. He proved to be that fire in the engine for Walgreens, inspired by his son who has autism. Lewis speaks about his experiences publicly, including a TEDx Talk.

"If you have a sufficient number of people with disabilities, you will change the culture, the entire building. But for sure, the people that work with a person with a disability will be changed for the better," says Lewis.

Smaller Retailers Reflecting Communities They Serve

For smaller retailers without the resources of corporations to develop initiatives to hire people with disabilities, some are finding success without an official human resources policy. One example is Murdoch's Ranch and Home Supply - located in six western states.

"We have 2,300 team members. We have 40 store managers. They have families. They have life experience. They have personal connections in their communities," says Tory Atkins, chief human resources officer for Murdoch's Ranch and Home Supply.

"We have managers whose children or siblings have autism or Down syndrome. They've developed an advocacy for people in those situations. And so, they're in a position to have a positive influence in their community."

Atkins says part of that community includes a longstanding relationship with the Special Olympics.

"I think there's a natural connection that ends up happening when organizations are advocating for people with disabilities - that we're a logical place for them to look because we can hire someone," notes Atkins. "For many people, retail is their first career exposure to a job, their first career opportunity. They're learning lots of life, leadership and professional skills by coming to work for us."

Atkins says workers with disabilities bring a strong sense of positivity and ownership of their work and he adds, it's contagious. "I think it builds a greater sense of team, a greater sense of respect in our work environment when we do have people of different abilities."

To accommodate people with disabilities, Atkins says some employees have job coaches through organizations providing disability services. On the company's end, he says, the only adjustment that is made is pairing an employee with disabilities with a mentor or coach already on the team.

Mentoring Employees with Disabilities

One of those mentors is Marny Huffaker, the store manager at Murdoch's Ranch and Home Supply in Evanston, Wyoming. She was awarded Mentor of the Year in 2022 by Disability:IN in Uinta County, Wyoming and the organization named Murdoch's Employer of the Year in 2020 in Uinta County.

In her eight years as manager, Huffaker says she has hired 10 people with disabilities, mostly intellectual or developmental disabilities.

"I enjoy seeing the accomplishments from others learning a new skill. It actually helps me to work on my skills too, because I learn just as much as they are. I'm teaching them something and they are teaching me," says Huffaker.

She says the store participates in mentoring programs with the county and with high school students who come in each week and learn basic skills. Employees also answer questions about the workforce.

Having people with disabilities on the team, Huffaker says, has a positive effect on workers. "I think it teaches every one of us patience. We're always in a hurry to the next thing and I personally learned patience. It doesn't have to be the fastest job when the job gets done right."

Huffaker says customers seek out specific employees with disabilities, including Tanesha Chandler. "'Hey, where's Tanesha? She can help us,'" says Huffaker.

Chandler is a 33-year-old woman with Down syndrome who works part-time and was dubbed Murdoch's queen of customer service by a local newspaper in 2018. Now in her sixth year at Murdoch's, she says she looks forward to going to work which plays an important role in her life.

"Outside of work, other than her companion service worker, there's not a lot outside of work. So work is her community hub," explains Elaine Chandler, Tanesha's mother.

She says, as someone with a child who has a disability, she's witnessing changes in attitudes and expectations about hiring people with disabilities.

"It depends on the group you are in," explains the elder Chandler. In her community, she credits a disability advocate who had a child with Down syndrome who fought for change. "Just an amazing attitude and so much strength and wanting to build all of these humans up and help them and just have them succeed."

Huffaker summarizes, "I think everybody deserves a chance to be able to work. I think you shouldn't ever hold back on hiring someone with a disability. Ever. I think most of the time, they're going to prove you wrong like, 'I can do this job and I can do it better.' I would never hesitate to hire somebody with a disability."


Ramona Schindelheim wrote this article for WorkingNation.


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Advocates for people with disabilities in New Hampshire are encouraging them to make a voting plan ahead of tomorrow's election, by locating the correct polling station, reading up on voting rights and learning how to use accessible voting equipment.

Krysten Evans, director of policy and advocacy for the group ABLE NH, said finding reliable transportation to the polls is one of the greatest concerns she hears from eligible voters with disabilities, especially those living in more rural areas.

"People are saying they can't get to the polls," Evans observed. "They don't have access to voting machines because they have physical disabilities."

Evans pointed out ABLE NH has formed a task force to find solutions to the transportation challenge and encouraged people to vote tomorrow with family, friends or co-workers, who can also offer a ride.

New Hampshire is one of eleven states lacking online voter registration. Legislation to create a statewide "online election portal" to register, request absentee ballots and update voter contact information stalled in committee last session.

Evans noted not everyone can get to a clerk's office to register during the day because of work or physical limitations.

"Online voter registration enhances accessibility, convenience and support for people with disabilities," Evans explained. " Enabling them to exercise their right to vote more efficiently and independently."

People with disabilities nationwide were 6% less likely to vote in the 2016 and 2020 presidential elections, according to federal data.

Evans stressed if people can make it to their polling station, election workers are there to explain the process and provide help using the accessible voting equipment.


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