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A New Era of Legal Leadership,

Aaron Kinikini

2014

W e are pleased to announce that Aaron Kinikini has commenced his

tenure as the DLC’s new Legal Director. Mr. Kinikini is a graduate of

the University of Utah’s S.J. Quinney College of Law and brings to this

position a wealth of experience drawn from his background in general civil

rights litigation and over four years of specialized disability rights practice

here at the DLC.

Concerning his vision for the DLC’s legal work and its role in the wider

community, Mr. Kinikini states: “My goal is to revitalize the agency’s image

in both the courts and in the community at large. The DLC can and should

be a dynamic civil rights agency engaged in high-impact legal work. To this

end, we are taking a markedly more aggressive approach to litigation, in

both individual cases and on systemic levels. Special focus will be devoted to providing legal representation to

the most vulnerable and at-risk individuals and groups with disabilities, wherever they reside in our state.”

As areas of systemic focus, Mr. Kinikini has identified working toward increased community integration in

Medicaid-funded residential programs, advocating for improvements in

corrections (prisons & jails) mental health treatment, and ensuring

polling place accessibility as DLC priorities. With regard to individual

client representation, Mr. Kinikini expects the new emphasis on litigation

will have immediate effect and positive results for DLC clients. He firmly

believes that, “An enhanced litigation capacity and a bold willingness to

go to court will help every individual client the agency represents—

regardless of whether the case is resolved through a phone call to

opposing counsel, or whether it proceeds to a jury trial.” But, he also

acknowledges that, “Litigation is not an end in and of itself. It should

only serve to further the broader goals and purposes of the agency,

which I see as a three-fold mission: 1) protecting the civil rights of

people with disabilities; 2) advocating for equality, opportunity and

inclusion; and 3) empowering individuals to make meaningful choices.

As legal director, I am truly excited and energized by this challenge,

and I have every confidence that the DLC’s dedicated, talented pool

of attorneys and advocates can make this new era one

of amazing growth for the agency, and powerful

advancement of our core mission.”

In This Issue

Aaron Kinikini, New DLC Legal Director

Utah Transition Today Report

Helping Workers Fight Discrimination

NDEAM October

Papa John's Discrimination

Fair Housing For Everyone

Maddy’s Run 5K 2014

Ask An Advocate: Voting

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W hat if I told you that your creative and energetic daughter who loves the

outdoors has a guaranteed job when she leaves high school? Would you

feel relief knowing that she is launching into a promising future? But wait…What if

I told you that her new job is at a warehouse…with concrete floors and fluorescent

lighting, oh, and she’ll be putting a recipe of nuts, bolts and widgets in a plastic bag

over and over? Assigned to a small work crew of other people with disabilities,

she’ll rarely meet new people. Of course though, she will be paid. But only $2.00

an hour, a rate established by some formula that determines the value of her

work. To top it off, she’ll likely work the same position for years, even decades.

Now, how do you feel? Perhaps, as a parent, you’d still find this a better option

than the one the neighbor boy was given. He’s been mostly watching television

since he graduated four years ago. He was excited to go to work at first too, but he didn’t get the support he

needed then and now he doesn’t have the confidence to try.

As advocates, we know that the law supports a system where students with disabilities are prepared during

their teen years with academic, financial, independent living and vocational skills to help them pursue the work

that interests them. It’s called “Transition Services” and it’s meant to prepare students to live a fulfilling and

integrated adult life. Why then, are so many young adults faced with so few choices when there are many

systems that are supposed to be offering support (i.e., school districts, Vocational Rehabilitation, Division of

Services for People with Disabilities, Workforce Services, etc.)?

In 2013, the DLC set a goal of learning more about what transition practices work in Utah and what needs

improvement. In total, we visited 19 school transition programs. We interviewed students, staff, and educators.

Now, our findings are detailed in “Utah Transition Today: A 2014 Report of Opportunities and Barriers.” The

report, which explores the issues related to student success in competitive

and integrated employment is catching the attention of schools,

service providers and even the national media.

Improving opportunities for young people with

disabilities is an on-going goal at the DLC. We’ll continue

monitoring efforts to improve transition, while

advocating at every legislative session for funding to

support employment options for students as they leave

the Utah school system. As “Utah Transition Today” states:

“We expect to see the number of students with meaningful

and gainful employment grow substantially, and programs

that pay subminimum wage and/or segregate people with

disabilities eliminated.” To find out what we learned and

read our recommendations, visit:

www.disabilitylawcenter.org/education/

Not Working

DLC Transition Report Gets National Attention

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T he Disability Law Center’s Employment Team is pas-

sionate about helping people with disabilities pro-

tect their employment rights. That’s why when Scott and

his family contacted us and told us that he had been

fired from his job with Papa John’s Pizza because he had

the assistance of a job coach, we investigated. We

brought the issue to the attention of the Equal Employ-

ment Opportunity Commission (EEOC) by drafting and

submitting a complaint. You see, Title I of the Americans

with Disabilities Act (ADA) prohibits private employers,

state, and local governments, employment agencies,

and labor unions from discriminating against qualified

individuals with disabilities in job application procedures,

hiring, firing, advancement, compensation, job training,

and other terms, conditions, and privileges of employ-

ment. The ADA covers employers with 15 or more em-

ployees, including state and local governments. It also

applies to employment agencies and labor organizations.

If you feel that you might have been discriminated

against, we encourage you to call our office for help. If you situation qualifies, the DLC will meet with you for a

legal clinic to review your case. Our attorneys will provide you with helpful self-advocacy advice and tools, and

depending on the facts of the case, may be able to help you file a complaint with either the Utah Anti-

Discrimination and Labor Division (UALD) or the Equal Employment Opportunity Commission (EEOC). In some

cases, we may be able to represent you in a lawsuit against your employer. As for Scott, we are hopeful that

his case will result in future Papa John’s employees being able to utilize job coaches as a reasonable accommo-

dation, protected under the ADA. You can read at length about Scott’s case in the Associated Press

article on page 4 of this newsletter.

October is National Disability Employment Awareness Month!

The DLC announces its participation in NDEAM, an annual awareness campaign to

educate about disability employment issues and celebrate the many contributions

of America’s workers with disabilities. “We know the strongest of workforces in-

cludes the skills and talents of all individuals, including those with disabilities,” says

DLC Advocate Lindsay Boerens. “Let’s work together to encourage our community to increase the op-

portunities for persons with disabilities to secure real jobs and earn real wages.” Visit www.dol.gov/

odep and join us by thinking about what you can do to improve the lives of persons with disabilities.

Bonn vs. Papa John’s

Scott Bonn’s employment discrimina-tion case against Papa John’s alleges the violation of his civil rights under the ADA. Scott was illegally terminated because he was assisted by a job coach.

The complaint, which escalated re-cently into a lawsuit brought by the EEOC, received both local and national media attention when the Associated Press picked up the story.

Helping Workers Fight Discrimination

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Papa John’s Discriminated Against Employee with Down Syndrome, EEOC Charges in Suit

A SSOCIATED PRESS—PHOENIX—PJ Utah LLC, PJ Cheese, Inc., and PJ United, Inc., collectively doing business

as Papa John's, violated federal law by firing an employee because of his intellectual disability, Down Syn-

drome, after refusing to allow him the reasonable accommodation of a job coach, the U.S. Equal Employment

Opportunity Commission (EEOC) charged in a lawsuit it filed today.

The EEOC's lawsuit charges that Papa John's discriminated against Scott Bonn by failing to reasonably accom-

modate his Down Syndrome and by terminating him because of his disability. According to the EEOC's suit, Papa

John's employed Bonn successfully at its Farmington, Utah location, allowing an independently employed and

insured job coach to assist him, until an operating partner visited the location. The EEOC alleges that the oper-

ating partner, upon observing Bonn working with the assistance of his job coach, ordered Papa John's to fire

Bonn.

Such alleged conduct violates Title I of the Americans with Disabilities Act (ADA), which prohibits employers

from discriminating against qualified individuals with disabilities by failing to reasonably accommodate their dis-

abilities. The use of a job coach is considered a reasonable accommodation where the situation calls for one.

The EEOC filed suit (EEOC v. PJ Utah LLC, PJ Cheese, Inc., PJ United, Inc., Case No. 2:14-cv-00695-BCW) in U.S.

District Court for the District of Utah after exhausting its conciliation efforts to reach a voluntary pre-litigation

settlement. The agency is seeking monetary relief including back pay with pre-judgment interest and compensa-

tory damages. The EEOC is also seeking an injunction prohibiting future discrimination and any other curative

relief to prevent Papa John's from engaging in any discriminatory practices.

"People with intellectual disabilities are one of the most

underemployed segments of the workforce," said EEOC Re-

gional Attorney Mary Jo O'Neill. "Many disabled persons are

qualified, ready and willing to work. All they need is an equal

opportunity. Job coaches are one form of reasonable accom-

modation that allows employees with intellectual disabilities

to be able to work."

Rayford O. Irvin, district director of the EEOC's Phoenix Dis-

trict Office, added, "Employers who terminate people because

of their disability or because they requested a reasonable ac-

commodation are violating federal law. We will continue to

vigorously pursue our mission of fighting employment discrim-

ination on all fronts."

The EEOC is responsible for enforcing the nation's laws pro-

hibiting employment discrimination. The EEOC’s Phoenix Dis-

trict Office has jurisdiction for Arizona, Colorado, Utah, Wyo-

ming, and part of New Mexico (including Albuquerque). Fur-

ther information about the EEOC is available on its website at:

www.eeoc.gov

Fair Housing For Everyone

We are rounding out our first year of advocating for the housing rights of pro-tected classes. We’ve conducted tests, investigated complaints, and followed through with legal action. Here are some of our accomplishments:

Conducted 153 Fair Housing tests (290 to date).

Filed the first ever complaints, 12 total, in Utah based on testing with both UALD and HUD.

Received our first UALD cause finding based on testing (assistance animal test) in which we were awarded $2,760 in damages and the owners were fined $2,000.

Awarded $5,406 for diversion of re-sources in FY14 ($6,306 to date).

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Maddy’s Run 5K 2014!

D ear Friends,

Saturday, October 4th, dawned one of those truly perfect fall days! The clear

skies and sunshine were a great start, but what made that morning even more re-

markable was the warmth and enthusiasm shining from the participants, volun-

teers, and supporters of the 2014 Maddy’s Run 5K. The annual run honors the life

of Madelyn “Maddy” Jackson, who passed away from Cornelia de Lange Syndrome

in August 2010 at the age of 18.

The Disability Law Center is grateful to the Jackson family for the opportunity to

be a part of celebrating Maddy’s life and by association, the lives of many individu-

als with disabilities who inspire us. If you were a part of this effort in any way,

whether you ran, registered, donated, told your friends, put up signs, had ideas for

publicity, or gave words of encouragement, we hope you enjoyed yourself, found

some meaning in what you were doing, and thank you for your support and partic-

ipation. Through the generosity of everyone involved we will be able to provide

legal advocacy to many more families and individuals in need.

Sincerely,

Disability Law Center

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Ask An Advocate

Q uestion: My husband has had some health problems lately

requiring periodic hospital stays. As a veteran, he is pas-

sionate about his right to participate in the electoral process. He

is registered to vote, and has actively researched all the candi-

dates and propositions on this year’s ballot. My concern is that

he may be ill, or hospitalized, when Election Day comes and

won’t be able to get to the polls. Do we have any other options?

A nswer: First of all, please accept my gratitude for the sacrifices your husband and family have made to pre-

serve our freedom. His service is appreciated and his commitment to exercising his constitutional right to

vote is commendable. The answer to your question: YES! You have several other options for voting.

1. Many counties offer early voting at selected locations. That way, your husband can vote at a time that

is convenient for him.

2. You can request an absentee ballot. Do this by submitting an absentee ballot request form to your

county clerk. You can obtain the form at the County Clerk’s Office or go to vote.utah.gov and print the

form at home. You may then mail, or deliver, the form to the County Clerk’s Office. An even easier way

to submit this request is to complete the ‘online voter registration form’ at vote.utah.gov. The infor-

mation will then be transmitted to your county clerk. Once you submit the request, the county clerk will

send you a paper ballot that you can fill out and return. All completed absentee ballot application forms

should be filed with the County Clerk’s Office no later than the Thursday before Election Day.

3. If your husband does not request an absentee ballot, and finds himself in the hospital after the Thurs-

day before the Election, there are emergency provisions in the Utah

State Statue that allow him to request a ballot. Contact the County

Clerk’s Office to notify them of the situation and request a ballot. The

clerk will then make arrangements to get it to you. This might include

delivering the ballot, or faxing, it to him. He may also choose to appoint

someone to pick it up.

Many election officials have a reputation of going out of their way to ensure

that everyone who meets voting requirements has the opportunity to vote.

However, some may not have a perfect system to deal with emergency re-

quests. If you have any questions, or run into barriers, please feel free to call

us at the DLC. We have election specialists waiting to help, and remember to

vote in the General Election on Tuesday, November 4th, 2014.

Disability Law Center 205 North 400 West Salt Lake City, Utah 84105 (800)-662-9080 www.disabilitylawcenter.org

Sheri Newton Voting Access Director