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Legislation: Middle Atlantic States Region - 2002 Archives


August 2002 - Washington DC - Settlement brings voting access to disabled residents of Washington DC

A settlement has been reached in a lawsuit brought against Washington DC last May by advocates of people with disabilities alleging that the city's current balloting system denies people with certain disabilities the right to vote in private. The settlement clears the way for the installation of 150 accessible voting machines in the city's voting precincts. The voting machines will offer audio instructions to those who cannot see and to those who cannot read or write. While the new machines will not be used in this year's primary or general elections, a public preview is scheduled for September 10, 2002 at half of the city's precints. The machines will be fully available by the 2004 primary presidential election.

April 2002 - New York - Federal judge rules in favor of plaintiff with Bipolar Disorder

A 2nd U.S. Circuit Court of Appeals Judge, Frederic Block has ruled that the ability to interact with others is indeed considered "a major life activity" under the definition set forth by the Americans with Disabilities Act (ADA). Therefore, an employee, who, due to Bipolar Disorder, cannot appropriately interact with others is considered disabled under the act. This would imply that an employer must make "reasonable accommodations" in maintaining that employee's position. This was not the case however according to a complaint filed by Audrey Jacques against DiMarzio Inc. in 1997. Jacques who had been working for DiMarzio Inc. since 1989 as a packager and assembler of electronic guitar components, was fired in 1996 due to "her confrontational and irrational behavior" with her supervisor and co-workers. Despite a supervisor's suggestion to see a psychiatrist and referring to her as "emotionally disturbed," DiMarzio argued that Bipolar Disorder did not necessarily render Jacques disabled under the ADA. Judge Block ruled against DiMarzio, allowing Jacques to go to a jury with her claim that if given reasonable accommodation, she could have performed her job.

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