WASHINGTON, D.C. -- The Texas Commission for the Blind (TCB) will no longer allegedly discriminate against employees with vision impairments, under an agreement signed today with the Justice Department.

This is the first time the Department has used formal out-of-court mediation to resolve Americans with Disabilities Act (ADA) claims after finding alleged discrimination but prior to litigation.

"Today's agreement demonstrates what an effective tool mediation can be in resolving civil rights cases," said Bill Lann Lee, Acting Assistant Attorney General for Civil Rights. "By implementing the agreed upon changes, the Texas Commission for the Blind has taken a significant step towards ensuring full and fair employment opportunities for people with vision impairments."

Under the agreement, TCB will:

• ensure that all employee manuals, training information, and other printed materials are provided in an accessible format (e.g., Braille, large print, computer disc) to its employees with vision impairments;

• designate an ADA Coordinator to handle disability discrimination complaints, and refer to independent mediation those that cannot be resolved;

• evaluate the accommodation needs of employees on a timely basis, and ensure that necessary equipment is acquired quickly;

• train all current and future employees concerning the rights and needs of people with disabilities; and,

• pay $50,000 to the original complainant and $5,000 to another former employee who was the subject of discrimination.

In addition, as a result of the Department's investigation, TCB reinstated a third former employee who alleged discrimination. Prior to the mediation, TCB had already initiated several of the actions required by the agreement.

The agreement resolves allegations that TCB, a state agency that provides employment and rehabilitation services to people with vision impairments, violated the ADA by failing to provide reasonable accommodations to its own employees with vision impairments.

Several employees complained that TCB had failed to provide reasonable accommodations, including lack of access to essential employee manuals in a format accessible to them. Another employee complained that TCB harassed her because of her disability and unlawfully discharged her from her position.

In May of 1997, the Justice Department initially found that TCB's employment practices were allegedly in violation of the ADA. Because TCB had made significant changes since the Justice Department's finding, the Department referred the matter to formal mediation with an independent mediator for final resolution.

Title II of the Americans with Disabilities Act of 1990 prohibits discrimination in all state and local government activities, including employment.

People interested in finding out more about the ADA or today's agreement can call the toll-free ADA Information Line at (800) 514-0301 or (800) 514-0383/TDD or access the ADA home page at:

http://www.usdoj.gov/crt/ada/adahom1.htm

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