Thursday, July 5, 2018

American Firm to pay $100,000 to Ashok Pai, an Indian-origin employee over Discrimination Lawsuit

New Delhi, 4th July 2018

Here is an important case law from USA wherein an American firm will end up paying $100,000 (One lac US Dollars) to settle a discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC) on behalf of an Indian-origin employee, the agency said on July 2. 

Federal contractor Camber Corporation was accused of violating federal law when it denied a transfer to employee Mr. Ashok Pai based on his son's medical condition and then fired him.  Such alleged behaviour violates the Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA), the EEOC said in its suit. Besides a $100,000 award for lost wages, the two-year decree entered by U.S. District Court Judge Anthony J. Trenga to resolve the case includes injunctive relief to prevent disability and age discrimination from occurring at the company in the future.

According to the EEOC, Pai's son sustained serious injuries in a car accident as a child, due to which he has been disabled for more than 25 years. Pai sought a transfer to work nearer to where his son lived and requested leave to assist with his care. However, after the management learned that Pai was seeking a transfer to take care of his son, Camber classified him as "resigned," began processing termination paperwork and ultimately fired him for pretextual reasons, the EEOC said. Pai, who was then in his mid-60s, was subsequently replaced by someone over 20 years younger than him.

Camber Corporation is headquartered in Huntsville, Ala. The discrimination against Pai took place in Falls Church, Va., where he worked. The EEOC filed its suit in U.S. District Court for the Eastern District of Virginia after first attempting to reach a pre-litigation settlement through its conciliation process.

"When employers violate the law, the EEOC will hold them accountable. We are pleased that the parties were able to reach a resolution to better protect the rights of employees under federal law," EEOC regional attorney Debra M. Lawrence said in a statement.

"The ADA not only prohibits employers from discriminating against people with disabilities, it also bans discrimination against employees and applicants based on their association with a person with a disability - for good reasons," Washington Field Office Acting Director Mindy Weinstein said. "Mr. Pai simply asked for a transfer to help deal with his son's severe disability, and the company made a bad situation worse by punishing him for trying to do the right thing and showing age bias at the same time. The EEOC is here to fight for the rights of people like Ashok Pai."

Other Media Reports:

1. NDTV 
3. The Telegraph

Monday, June 18, 2018

Jeeja's Child adoption story raises hopes for many others

Jeeja Ghosh - is another name for perseverance and doggedness when it comes to fighting out for rights.  And she has shown it once again that if you stand for what is right, perseverance pays.

Jeeja, a fellow disability rights activist has been married for around five years now. Resident of Ballygunge she has broken many ceilings and has had many firsts. The 48-year-old added one more to the list last week, becoming the first person born with cerebral palsy in Kolkata — and possibly India — to become an adoptive mom.
Jeeja Ghosh with Hiya (adopted daughter)
(Source- Facebook)

Motherhood was a dream that Jeeja, born with the disabling condition, nursed since she tied the knot in 2013. But little did she know about the hurdles she would have to face before being considered fit for adopting a five-month-old girl. On 7th June 2018, after an epic struggle, Jeeja welcomed home a girl child — lovingly called Bhujungu and Sonai at home — to her ninth-floor flat at the Saptaparni complex on Ballygunge Circular Road.

Jeeja, a Presidency College graduate and Delhi University postgraduate, and her husband, Bappaditya Nag, a law officer at Syndicate Bank, applied for adoption in 2016. Madhusmita Nayak, programme manager for the specialized adoption agency project at Keonjhar’s Self-Realisation Mission (SRM), from where the child was adopted, said the baby was born in January 2018 and was abandoned at a Keonjhar hospital. “We don’t know about her biological parents,” Nayak said.

It was love at first sight for the couple when they saw the yet-unnamed child at SRM. But it needed multiple trips to Keonjhar to convince the adoption committee that Jeeja could be a responsible care-giver. “We submitted a fit certificate from a gynecologist but even after that the committee told us this certificate was not acceptable because it had to be issued by a ‘medical practitioner’,” Nag said.

It was an uphill struggle since then and, after numerous mails and reminders, the couple finally escalated the matter to Dr Sadaf Nazneen, consultant (eastern region), Central Adoption Resource Authority (CARA).

On Tuesday, Dr Sadaf Nazneen, of CARA told TOI, “It needs to be checked whether the couple is emotionally, physically and financially suitable to adopt a child. This was the first case where a parent with cerebral palsy was keen on adoption. It will remain as a reference point for other such applications in future. Some questions might have seemed uncomfortable but they were perhaps asked to judge the suitability of the family adopting the baby.”

Jeeja Ghosh and her husband, however, do not buy this argument. “I felt so humiliated with the questions they asked. The district child protection officer described cerebral palsy as a ‘mental disease’ and expressed apprehensions about my communication skills. I fail to understand how someone in that position can have such ideas,” Ghosh alleged.

TOI spoke to the officer, Debangana Barik, who said she “did not want to hurt” Ghosh at all. “My language issue might have created a problem. I am very impressed with her personality and she is completely fit to take care of the baby. Her adoption case is a success story for all of us here,” Barik added. But the new parents’ legal work is still not over. Bhujungu is, legally, in Ghosh’s and Nag’s foster care right now. “We are going to file a court application in Keonjhar soon and, within 60 days of that, we expect to get the order that will make us her legal parents,” Ghosh said.

The Saptaparni flat has undergone a sea change, with nappies, oil cloth and feeding bottles strewn all over the drawing room. Both parents are on leave now. Bhujungu has a twinkle in her eyes when Jeeja rocks the pram. She tilts her head and then lazily rests her little toes on the pram handle. Friends and relatives are dropping by regularly with cartloads of gifts for the little one. Nag, too, is a complete hands-on father, from feeding Bhujungu to cleaning her when she soils herself. Ghosh’s octogenarian mother, a dementia patient, is thrilled. Seated in a wheelchair close to the pram, she intermittently utters the baby’s name aloud. On rare occasions, when memory serves her right, seeing Ghosh and her daughter is a reminder for the old lady of her own motherhood tales of fighting against odds to bring up a daughter.

Jeeeja's successful adoption of a child has set a benchmark and given hope to several persons with disabilities that they, too, can become parents.

Source:
Times of India, Kolkata 13 June 18: Kolkata woman may be first with cerebral palsy to adopt a baby
Times of India, Kolkata 14 June 18: Disabled persons see beacon of hope in Jeeja adoption story

Wednesday, May 16, 2018

No funds for new projects that don't include accessibility features in buildings - says Finance Minstry

Dear Colleagues,

In a welcome initiative, the Finance Ministry has, in compliance with Section 40 & 44 of the Rights of Persons with Disabilities Act 2016, which are reproduced below,  made it mandatory for all new projects to include accessibility features in the costing of the total project cost when proposals are sent for expenditure finance committee approvals. No funds will be release for projects that don't include accessibility components. 

"40. Accessibility.—The Central Government shall, in consultation with the Chief Commissioner, formulate rules for persons with disabilities laying down the standards of accessibility for the physical environment, transportation, information and communications, including appropriate technologies and systems, and other facilities and services provided to the public in urban and rural areas.

44. Mandatory observance of accessibility norms.—(1) No establishment shall be granted permission to build any structure if the building plan does not adhere to the rules formulated by the Central Government under section 40.
(2) No establishment shall be issued a certificate of completion or allowed to take occupation of a building unless it has adhered to the rules formulated by the Central Government"

The department of expenditure has directed all ministries to include “special measures proposed to meet needs of persons with disabilities, including accessibility requirements under the Right of Persons with Disabilities Act” in new construction projects.  The measures would be included in all inter-ministerial consultation notes and in the final expenditure finance committee (EFC) note. In the format of EFC notes for appraisal of schemes, the department of expenditure amended its earlier guidelines to include an additional para. 

This comes into immediate effect. The ministries/ departments are requested to accordingly circulate EFC memos for inter-ministerial consultations after incorporating measures to meet needs of persons with disabilities,” the amended guideline directed. 

The department of empowerment of persons with disabilities (DEPwD) has been pushing for this inclusion for some time. Speaking to ET, DEPwD joint secretary Dolly Chakraborty said, “Any new construction project – like a flyover where pedestrian crossings are being planned or overbridges or a new government building – would now have in-built accessibility features. Harmonised guidelines have been issued to have common features. Now it would be mandatory to include these within the planning stage.” .. This, Chakraborty said, would help to make physical environment more accessible as retrofitting later has always been a financial and design challenge. 



Saturday, January 27, 2018

Rights Activists Want ICT To Be Made More Inclusive for Persons With Disabilities

Submissions made to the Telecom Regulatory Authority of India seek stringent, legally-binding provisions covering all players in the sector.

Gaurav Vivek Bhatnagar | The Wire | January 26, 2018

New Delhi: Disability rights activists have called for a stringent policy to ensure persons with disabilities are able to access with ease both the software and hardware when it comes using information and communication technology (ICT).

With the Telecom Regulatory Authority of India (TRAI) issuing a consultation paper on ‘Making ICT Accessible for Persons with Disabilities (PwDs)’ on December 20, 2017, and seeking comments from the stakeholders by January 22, 2018, a number of disability rights groups have made their submissions.

“For achieving a truly inclusive information society, persons with disabilities must be able to use information and communication technologies (ICTs) with equal ease. This can be made possible only if the accessibility of ICTs is on the top of the agenda of manufacturers and service providers. Though it makes business sense to attract persons with disabilities with ICTs having accessibility features, manufacturers failed to tap this opportunity. Hence, a stringent policy is required to ensure persons with disabilities get what they need,” said noted disability rights activist and director of Svayam, Subhash Chandra Vashishth.

Incidentally, the World Bank Report (2007) titled ‘People with disabilities in India: from commitments to outcomes’ had stated that “there is growing evidence that people with disabilities comprise between 4 and 8 percent of the Indian population”. Further, the population of senior citizens in the country ranges between 10-12%. Put together, these aspects raise the need for making ICT inclusive for improving the quality of life of the PwDs.

Both software, hardware not complying with guidelines

In its submission to TRAI, Svayam has noted that often the websites, software and mobile apps from vendors and service providers do not comply with accessibility guidelines. This makes them inaccessible for visually impaired persons who make use of assistive technologies like screen reading software, braille displays, etc.

It has also pointed out that “most electronic hardware products like Set-Top-Box (STB), smart home solutions, etc. are not usable for persons with disabilities as they don’t comply with international accessibility standards e.g. the buttons on most of these devices do not possess any tactile notations and audio feedback to allow visually impaired users to interact with them.

Policies lack budgeting support

Most policies are simple guidelines and often lack appropriate budgetary or funding support for implementation and penalty for non-adherence. This leads to lesser efforts towards compliance, the organisation noted.

Moreover, it said, most guidelines are made applicable only for government entities and not to all establishments. “However, needs of persons with disabilities in their day-to-day lives span beyond services and products offered by government entities.”

As for the financial support for maturity and survival of products that benefit PwDs, it said either such mechanisms “do not exist or are very low and ineffective.”

Stating that “a comprehensive plan is needed to adopt an accessible operating system for product development and service divisions to include everyone,” Vashishth said issuing of the consultation paper was a step in the right direction.

As for telecom regulator TRAI, he said, it has highlighted in the paper that an equal and inclusive society involves providing equal opportunities to all sections of society irrespective of their physical, economic, social or religious identity in all spheres of life and this covers education, skill development, economic empowerment and ensuring full participation of all persons including PwDs.

While programmes such as ‘Digital India’ envisage inclusive growth and a digitally empowered society, the benefits of ICT have not reached all the sections so far. At a time when mobile phones are also being used to access information, avail of various services, the need of the hour is promoting digital inclusion for enabling PwDs to lead independent and dignified lives.

With the new Rights of Persons with Disabilities Act, 2016 raising the disability categories from seven to 21, “this presents an opportunity for all the stakeholders (disability/accessibility activists, NGOs, etc.) to mull over the concern areas and help the government on how to make ICT accessible for persons with disabilities,” said Vashishth.

‘Include user groups in research, product development’

Founder-chairperson of Svayam, Sminu Jindal, said “there is a massive lack of awareness among the stakeholders as well as credible research on ICT for persons with disabilities. Non-inclusion of user groups in research and product development is another issue which should be addressed. We also need aggressive public campaigns for awareness and sustained advocacy to enforce stringent accessible ICT policies.”

On the key areas of concern, Svayam has noted among other things that there is an absence of periodic stakeholder coordination; lack of harmony between policies and the regulation across the world to adhere to uniform standards; lack of research and development, lack of aggressive campaigning for accessible ICTs, lack of direct involvement of PwDs in product development; high cost of specialised assistive technology; high import taxes and no subsidy or incentives being provided to the manufacturers from the government.

It has, therefore, suggested that “all establishments” should be covered by all the provisions in the policies concerning access to PwDs; the provisions should be made “mandatory” and legally binding instead of remaining mere guidelines; clauses specifying substantial penalties for non-adherence should be incorporated; definition of “everyday use products” should be clearly defined and detailed to cover products used for personal use, at home, office and in public infrastructure.

TRAI should set up a helpline for complaints

It has also suggested that TRAI set up a helpline where only complaints regarding accessibility can be received. “The data of complaints and action taken should be made available on TRAI portal as such data can help frame and reform policies in larger interest.”

For making it easier for all PwDs to access ICT products, the group has also suggested that all products that have a display screen and interactive touch screen should be made accessible. “This includes set top box, point of sale (POS) machines, scanners, everyday use products such as washing machines, microwave, air conditioners, refrigerators, all types of vending machines, self-service public devices used in shopping malls, airports, railway ticketing, printers including 3D printers, scanners, lifts, elevators, and musical instruments.”

Focus on regional languages as well

With India being culturally and linguistically diverse, the organisation has also demanded that ICT services in regional language be started for wider reach as at present most of the assistive technology and software is not available in them.

It has also called for funding “futuristic technologies”. “Recently, Microsoft was granted a patent for a brain control device that can give users mind control powers to operate apps with just their brains, without any movement. Using sensor-equipped head bands, the device could ideally interpret neurological data to have users open and use apps with thoughts instead of gestures,” it pointed out.

Stating that “accessible ICTs are very much possible, and have the potential to significantly touch many lives enhancing their productivity,” Jindal said if necessary steps are taken now, it would “enable persons with disabilities to contribute to the GDP and live a dignified and happy life.”

Source: The Wire