Spirit Lake Consulting Forum

Most tribes are exempt, under the Federal ADA regulations. Probably, much to do with the Sovereignty of each tribe. Also, each tribe has different and unique needs. Priorities and financial resources are limited. So, basically the disabled population is placed, "the lowest on the totem pole".
What needs to happen is that each tribe needs to have a tribal representative come together with other tribal represenatives (schedule a planning meeting thnrough their Chairperson), who are knowledgeable and personal to the needs of disabled tribal members. and put together a comprehensive Adoption Plan, that would include all 5 title of ADA. Each tribe would adopt their own form of this plan.
The only way this can be accomplished, however, is for disabled tribal members to contact their tribal leaders, tribal program directors, social service agencies, or other local agency to voice your concern fo fair and equal treatment. Keep in mind that the ADA was forced into law (just over 15 years since id's adoption), because of the lobbying and coaltion building of people with disabilities from all over the United States.
We as disabled tribal members can do the same.But, we have a ways to go, but the first step is to open up the communication.  As the saying goes, "the squeakier wheel, get's the oil".

My comment is not about ADA but it is about employment on reservations.  It is my understanding the majority of the client served by the Section 121 Projects (another name for tribal vocational rehabilitation projects) are 40 years old, or older.  When a person reaches 40 years of age their habits are pretty much set. 

Due to the lack of jobs on Indian Reservations, many individuals develop habits, which leads to what I call a non-working lifestyle.  This lifestyle which may consist of checking the mail for grandma, mowing someone’s lawn, helping cook for a social event, helping drive on long trips, babysitting, etc. causes problems for a person when they find a job.

It is hard to change a person who has embraced this lifestyle for a long period of time, especially if this person is disabled.  Now we know people who approach Voc Rehab are disabled but are still interested in working.  The problem as I see it is two-fold; first, finding the person a job in a place (reservation) where jobs are few, and helping the person stay on the job once he/she is hired. 

I think whoever works with disabled persons looking for a job should be not only be aware that their clients may have a “non-working life styles”, but also know of some strategies to help their clients change that lifestyle once they find a job.  Does anyone know of any such strategies?

Last edited by ericstev (2007-05-07 12:02:47)

I would also encourage her if she fails at a job task. Because those people with disabilities who lack self-esteem do not handle negative feedback well. Keep the positive reinforcement going at home and let her reflect upon how far she has come in life, to get to the point where she is. And that we all will have dissapointments in life, but it is how we handle them and go on with our lives that is most important.

Last edited by Willie (2007-05-06 00:06:30)

"This Federally mandated law requires equal and fair opportunities for all persons with disabilities" a quote from willie. If it is federally mandated, then how is it tribes can be above the federal law?

Of a significant point to Erich's discussion- which I thought he gave a very excellent overview of soveriengty and it's relation to ADA, I woud like to add these comments. Most Tribal entities have Federally funded schools, Community College, BIA office building and some Tribal programs have the obligation to accommodate and make modifications to allow their disbled tribal members assess. These are only a few exeptions to complying with the ADA law. Most agencies who receive Federal funds recognize this requirement when they apply and receive the funds. However, keep in mind that a agency must have at least 15 employee's in most cases to be challenged. Most small businesses can deal with compliance on a "unduehardship case".

Last edited by Willie (2007-08-07 23:58:59)