* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. WELCOME TO FOCUS [00:00:01] ON ABILITIES, A PROGRAM [Focus on Abilities (#191): "Sr. General Adviser and Educator at the SW ADA Center Diego Demaya"] ABOUT ISSUES AFFECTING THE LIVES OF PEOPLE WITH DISABILITIES. I'M LEX FRIEDEN. I'LL BE YOUR HOST FOR TODAY'S PROGRAM. I DIRECT THE ILRU PROGRAM AND THE SOUTHWEST A DA CENTER AT TIER MEMORIAL HERMANN. I'M ALSO PROFESSOR OF BIOMEDICAL INFORMATICS AT UT HEALTH. WE'RE GLAD YOU JOINED US TODAY. WE HAVE A GREAT GUEST AND WE ARE GOING TO INTERVIEW OUR GUEST RIGHT AFTER THIS BREAK FROM FOCUS ON ABILITIES. SO PLEASE STAY TUNED. THE FOLLOWING PROGRAM IS SPONSORED BY ILRU SOUTHWEST, A DA CENTER PROMOTING COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT. WELCOME BACK TO FOCUS ON ABILITIES. I'M LEX FRIEDEN, AND WE'RE HERE TODAY WITH DIEGO DE MAY. UH, DIEGO, WELCOME TO FOCUS. THANKS, LEX. GOOD TO BE HERE. DIEGO. UH, TELL US A LITTLE BIT ABOUT YOUR BACKGROUND. I KNOW THAT YOU'RE, UH, YOU WORK AT THE SOUTHWEST, A DA CENTER. THAT'S RIGHT. AND YOU'RE ONE OF OUR PREEMINENT TECHNICAL ASSISTANCE. YOU'RE, YOU'RE ALSO AN ATTORNEY. WHERE DID YOUR DEGREE COME FROM AND WHERE DID YOUR INTEREST IN DISABILITY RIGHTS START? UH, YEAH, SO I, I WENT TO LAW SCHOOL AT THE CITY UNIVERSITY OF NEW YORK SCHOOL OF LAW IN, IN NEW YORK CITY. AND, UH, PROUD OF THAT AND, UH, WENT TO COLLEGE HERE, UH, IN MY HOMETOWN OF HOUSTON, UNIVERSITY OF HOUSTON DOWNTOWN. AND, UM, I BECAME INTERESTED, I THINK BECAUSE I HAVE A DISABILITY MYSELF, YOU KNOW, A VISION IMPAIRMENT. SO IT'S, I GREW UP WITH A VISION IMPAIRMENT, SO IT'S, IT WAS KINDA LIKE A NATURAL FIT FOR ME. I ALWAYS ADVOCATED FOR MYSELF, YOU KNOW, ALL THROUGH COLLEGE AND, AND, YOU KNOW, MOVING FORWARD, YOU KNOW, SO IT, I GOT BETTER AND BETTER AT IT. AND, UH, EVENTUALLY DECIDED TO JUST PURSUE MY EDUCATION IN WRITING. SO I GOT AN ENGLISH DEGREE FROM COLLEGE AND THEN GOT CRAZY ENOUGH TO DECIDE TO GO TO LAW SCHOOL, AND THAT'S KIND OF WHAT I DID. . SO, DIEGO, WHEN YOU WERE GROWING UP, DID, DID, WAS YOUR VISION IMPAIRMENT STATIC OR DID IT GET WORSE? WAS IT PROGRESSIVE? UM, YOU KNOW, I WOULD'VE TO SAY THAT IT PROBABLY PROGRESSIVE, ALTHOUGH VERY SLOWLY. I MEAN, I HAD MUCH BETTER EYESIGHT WHEN I WAS YOUNGER, ESPECIALLY THROUGH, YOU KNOW, MY, MY HIGH SCHOOL DAYS. AND THEN, UM, I HAD RETINAL DETACHMENT AND, AND, YOU KNOW, SO IT, IT COMPLICATED THINGS. AND, UM, SO IT WAS KIND OF PROGRESSING, YOU KNOW, PROGRESSIVE. AND THEN EVENTUALLY I HAD A LOT OF VISION LOSS BASICALLY THROUGH COLLEGE AND THEN LAW SCHOOL EVEN. AND, UH, SO I'M KIND OF WHERE I'M AT NOW, WHICH IS BASICALLY HAVING VERY LOW VISION. SO I, I USE A CANE TO GET AROUND IF I'M DOING IT BY MYSELF OR, YOU KNOW, I, I DON'T DRIVE A CAR, OBVIOUSLY, SO, AND, AND WHEN YOU WERE IN SCHOOL AS A CHILD MM-HMM . UH, THAT MUST HAVE BEEN BEFORE A DA BEFORE THE, UH, UH, RIGHT. ALL HANDICAPPED CHILDREN'S ACT AND SO ON, THAT THE SCHOOL MADE ACCOMMODATIONS FOR YOU. YEAH. UM, I, I THINK I WAS BLESSED THAT I WENT TO, UH, THE, YOU KNOW, THE, UH, UH, GREAT NECK, UH, PUBLIC SCHOOLS IN GREAT NECK, NEW YORK, OUT IN LONG ISLAND, AND THEY WERE, UH, VERY ACCOMMODATING TO CHILDREN WITH DISABILITIES. AND, AND SO THEY HAD A REALLY GREAT PROGRAM THERE, AND I GOT A LOT OF, YOU KNOW, LIKE SEPARATE TUTORING, SO IT WASN'T EXACTLY WHAT WE HAVE TODAY. UM, I THINK IT WAS A LITTLE BIT MORE SEGREGATIONIST BACK THEN. RIGHT. UM, BUT I DID GET TO GO TO THE REGULAR CLASSES WITH ALL MY MATES AND THAT KIND OF THING, SO, SO I KIND OF HAD A GOOD EXPERIENCE WITH THAT. UM, AND THEN, YOU KNOW, IT JUST GETS TOUGHER AS YOU MOVE ALONG WHEN YOU GO THROUGH, LIKE ONCE YOU GET THROUGH 11TH AND 12TH GRADE AND THEN COLLEGE WHERE YOU EXPECT TO DO A LOT MORE FOR YOURSELF IN TERMS OF, WELL, IN COLLEGE TOO, YOU TOOK A, A COURSE CURRICULUM THAT WAS YEAH. FOCUSED ON WRITING AND, UH, YEAH. I WONDER WE DIDN'T HAVE THE INTERNET THEN. I MEAN, HOW WE DIDN'T HAVE, UH, COMPUTERS, WE DIDN'T HAVE TALK TO, UH, SIRI. THAT'S RIGHT. HOW DID, HOW DID YOU MANAGE THEN? YEAH, IT WAS, IT WAS, UH, IT WAS HARD ESPECIALLY, YOU KNOW, WITH A, WITH A DISABILITY, YOU KNOW, BECAUSE I MEAN, THEY DIDN'T REALLY HAVE LARGE PRINT SCREENS OR THINGS LIKE THAT. I MEAN, THEY HAD TO HAVE A LOT OF MONEY TO HAVE THINGS LIKE THAT. SO, UM, YOU KNOW, I JUST KIND OF GOT MUDDLED THROUGH IT WITH A LOT OF INGENUITY OF MY OWN AND, AND ALWAYS WANTING TO BE ON TOP OF TECHNOLOGY AS MUCH AS I COULD AFFORD. SO I STARTED HAVING A COMPUTER, UH, YOU KNOW, BACK IN THE EARLY NINETIES WHEN I WENT, STARTED, [00:05:01] WHEN I WENT BACK TO COLLEGE, UM, I, I ACTUALLY HAD A COMPUTER TO BE ABLE TO WORK WITH AND DO MY HOMEWORK AT HOME, SO IT WAS REALLY HELPFUL. YOU HAD, UH, A LOT OF SUPPORT FROM YOUR FAMILY THOUGH, RIGHT? YEAH, A LOT OF SUPPORT. UM, BUT, YOU KNOW, NOT AS MUCH AS PEOPLE MIGHT THINK, YOU KNOW, I MEAN, BECAUSE YOUR FAMILY CAN ONLY DO SO MUCH, RIGHT. IN TERMS OF YOUR SCHOOLING AND WHAT YOU DO WHEN YOU'RE OUT OF THE HOUSE, YOU KNOW, WHEN YOU'RE GROWING UP AND SOCIALIZING AND EVERYTHING ELSE. SO THIS WAS WAY BEFORE THE A DA AND NOBODY KNEW WHAT THE REHABILITATION ACT WAS. IT WAS THERE, BUT, YOU KNOW, IN THE SEVENTIES. BUT THAT'S WHEN I WENT TO HIGH SCHOOL, THE LATE SEVENTIES. SO IT, YOU KNOW, IT, IT WAS VERY INTERESTING, YOU KNOW, AS THINGS CHANGED ALONG THE WAY AFTER THE NINETIES, YOU'RE, YOU'RE A BIG GUY, SIX FEET, SEVEN INCHES, RIGHT, RIGHT. YEAH. AND, UH, SO I MEAN, YOU WERE UNUSUAL IN THAT RESPECT, EVEN WHEN YOU WERE A YOUTH. RIGHT? I WAS VERY TALL STARTING LIKE, I MEAN, NINTH GRADE, YOU KNOW, I WAS TALLER THAN EVERYBODY ELSE. AND, YOU KNOW, THEY USED TO CALL ME LURCH, YOU KNOW, IF ANYBODY KNOWS THE ADAMS FAMILY. SO, UM, YOU KNOW, IT JUST, IT'S JUST THINGS YOU GROW UP WITH, YOU KNOW, AND IT WAS, THAT WAS KIND OF HARD. I MEAN, PEOPLE PICK ON YOU WHEN YOU'RE TALL, IT'S KINDA STRANGE, BUT THEY DO. WELL, I WAS GONNA ASK ABOUT THAT. BULLYING, , YOU KNOW, WE HEAR MORE AND MORE ABOUT BULLYING AND OH YEAH. AND AFFECTING KIDS WITH DISABILITIES. DEFINITELY. HOW DID YOU COPE WITH THAT? YOU KNOW, UM, THAT WASN'T SO MUCH ANYBODY HELPING WITH THAT. I MEAN, THAT WAS REALLY VERY MUCH ON MY OWN. AND I SUSPECT THAT IF I HAD TO RECALL, YOU KNOW, THE, THE, THE, YOU KNOW, THE, THE MORE, LESS DESIRABLE MOMENTS, IF YOU WILL, UH, THEY WERE PROBABLY NOT VERY PLEASANT BECAUSE PEOPLE JUST PICKED ON ME. AND NOW ON TOP OF THAT, I HAD A SIDE IMPAIRMENT ON TOP OF EVERYTHING ELSE. SO IT WASN'T LIKE I COULD BE IN GYM, YOU KNOW, WITH EVERYBODY ELSE. I HAD TO DO SEPARATE SPORTS, UH, IN THE GYMNASIUM AND, UM, YOU KNOW, BE TUTORED SEPARATELY. UM, SO IT, IT WAS, IT WAS HARD. AND BULLYING STILL HAPPENS TODAY, REGRETTABLY. AND IT'S A, IT'S A BIG DEAL TODAY IN TERMS OF WATCHING OUT FOR KIDS AND TRYING TO FIGURE OUT HOW TO, YOU KNOW, HOW TO KEEP BULLYING FROM, FROM HAPPENING, ESPECIALLY AGAINST, YOU KNOW, KIDS WITH DISABILITIES. YOUR PERSONAL EXPERIENCE. DO YOU HAVE ANY ADVICE FOR KIDS TODAY? YOU KNOW, THE BEST ADVICE I CAN PROBABLY GIVE FOR KIDS TODAY, I, I THINK WOULD BE THAT THEY, THEY NEED TO, YOU KNOW, THEY, THEY HAVE TO BECOME ONE WITH THEIR DISABILITY AND, AND, AND BE COMFORTABLE AND LEARN TO BE COMFORTABLE AND NOT TAKE SO SERIOUSLY THAT PEOPLE CALL THEM NAMES OR FOUR EYES, OR, OR YOU KNOW, THAT THE, THEY'RE ROCK RUNNING AROUND IN A WHEELCHAIR OR WHATEVER, YOU KNOW, AND, AND, AND REALLY TELL THEIR PARENTS WHAT'S GOING ON. AND THEN OF COURSE, YOU KNOW, IF IT GETS KIND OF SERIOUS AND PEOPLE ARE JUST PICKING ON YOU, THEN DEFINITELY GO TO THE ADMINISTRATION OF THE SCHOOL AND, AND ALWAYS REPORT THAT. I MEAN, I HAD ONE INCIDENT BACK IN MY TIME WHERE I ACTUALLY HAD TO GO TO THE PRINCIPAL AND JUST REPORT IT. 'CAUSE I REALLY GOT JUST KIND OF TIRED OF IT. AND, AND I, I WAS SCARED, YOU KNOW, DIDN'T KNOW WHAT TO DO MM-HMM . AND THEY WERE HELPFUL, YOU KNOW, WHEN YOU, WHEN YOU'RE UPFRONT AND HONEST AND, AND, AND TELL THEM WHAT'S GOING ON. GOOD. SO, DEFINITELY, YOU KNOW, HAVE NO FEAR, JUST GO AND DO WHAT YOU NEED TO DO. DIEGO, I WANT TO MOVE THE CONVERSATION ALONG TO, UH, WHAT YOU'RE, THAT WHICH YOU'RE AN EXPERT AT THE AMERICANS WITH DISABILITIES ACT, . UM, AND WE'RE GONNA TAKE A BREAK RIGHT NOW, BUT BEFORE WE DO YEAH. I WANT TO ASK A QUESTION THAT YOU AND I CAN ANSWER BEFORE THE END OF TODAY'S PROGRAM. NOW, I THINK MOST PEOPLE KNOW THAT THE A DA WAS SIGNED BY PRESIDENT BUSH ON JULY THE 26TH, 1990. RIGHT. UH, BUT MANY PEOPLE WONDER IF THE A DA HAS EVER BEEN AMENDED. AND THAT'S THE QUESTION OF THE DAY. HAS THE A DA BEEN AMENDED? WE CAN TALK ABOUT THAT IN A LATER SEGMENT, BUT I WANNA LEAVE THAT QUESTION FOR THE, UH, AUDIENCE. AND, UH, I'LL BE BACK WITH YOU, DIEGO AND, AND DIEGO AND I WILL BE BACK WITH YOU ALL AS SOON AS WE TAKE A BREAK FROM FOCUS ON ABILITIES. STAY TUNED. MM-HMM . WE COULD START BY TELLING YOU HOW SLEEK IT IS, HOW IT'S AT THE EDGE OF INNOVATION IN ITS INDUSTRY, THAT IT MAKES CONNECTIONS FASTER AND MORE CONVENIENT. WE COULD PROMOTE THE FACT THAT EVEN TRAFFIC SIGNALS GIVE IT THE GREEN LIGHT AND THAT IT MOVES SO QUICKLY. [00:10:01] WE HAD TO GIVE IT ITS OWN LANE. OR YOU COULD JUST RIDE, DISCOVER WHERE THIS RAIL LIKE RIDE IS GOING NEXT, VISIT RIDE METRO.ORG/METRO. NEXT, YOU ARE WATCHING HT V, AND THIS IS FOCUSED ON ABILITIES. I'M LIKE FRIED. WE'RE HERE WITH DIEGO DEMAYA AND WE'RE TALKING ABOUT THE AMERICANS WITH DISABILITIES ACT, UH, DIEGO, YOU, UM, YOU'VE BEEN WORKING IN THIS AREA NOW SINCE YOU, UH, FINISHED YOUR, UH, LAW DEGREE AND, UH, PRETTY MUCH OVER, OVER THAT TIME. UH, WHAT DO YOU THINK ARE THE MOST SIGNIFICANT CHANGES THAT HAVE OCCURRED AS A RESULT OF THE A DA? WELL, I THINK, UH, YOU KNOW, I THINK TOP OF THE LIST WOULD PROBABLY BE THE ARCHITECTURAL ACCESSIBILITY OF BUILDINGS EVERYWHERE. UM, AND THAT INCLUDES OLD BUILDINGS BEFORE THE A DA WAS PASSED, AS WELL AS, YOU KNOW, UH, FACILITIES THAT ARE BEING NEWLY CONSTRUCTED, CONSTRUCTED OR, OR BUILT AFTER THE, YOU KNOW, THE 1991 A DA CAME INTO EXISTENCE, 1990 A DA. AND SO THAT'S KIND OF NUMBER ONE. AND THEN I THINK NUMBER TWO IS IN THE, UM, EM, EMPLOYMENT REALM. I WOULD CONSIDER THAT TO BE SECOND PLACE, BECAUSE A LOT MORE PEOPLE HAVE FINALLY BEEN ABLE TO GET THE ACCOMMODATIONS IN NEED AT WORK TO BE ABLE TO KEEP WORKING PRODUCTIVELY AND, AND DOING THEIR ESSENTIAL JOB FUNCTIONS. YOU KNOW, SO IT'S, THAT'S KIND OF LIKE A NUMBER TWO. AND THEN I THINK NUMBER THREE WOULD PROBABLY HAVE TO BE, UH, IN THE POST-SECONDARY EDUCATION REALM WHERE, UM, STUDENTS THAT ARE DEFINITELY GETTING MUCH BETTER ACCOMMODATIONS, UH, MUCH MORE IMPROVED, YOU KNOW, ABILITY TO GET THROUGH THE ACADEMIC PROGRAMS THAT THEY, THEY CHOOSE. AND SO THAT'S VERY IMPORTANT. AND I THINK THE A DA HAD A HUGE IMPACT ON, ON THOSE THREE MAIN AREAS IN ADDITION TO MANY OTHER AREAS. YEAH. YEAH. SO WE'D HAVE TO INCLUDE TRANSPORTATION AMONG THOSE TRANSPORTATION, ABSOLUTELY. YEAH. RIGHT. SO, DIEGO, THE, UM, THAT THERE ARE MANY ISSUES THAT ARE, UM, CURRENT, UH, BUT AMONG THOSE ISSUES, WHAT, UM, WHAT ENVIRONMENTAL CHANGES HAVE BEEN, YOU KNOW, WE'VE BEEN THROUGH COVID. I THINK THE A DA PROBABLY, UM, APPROACHED COVID IN A CONSTRUCTIVE WAY, UH, AND WE LEARNED SOME THINGS DURING THAT PERIOD OF TIME. ABSOLUTELY. YEAH. WHAT, CAN YOU SUMMARIZE THAT? YEAH, I MEAN, UM, I, YOU KNOW, I WOULD SAY LEX FROM A MAYBE SLIGHTLY MORE CRITICAL, UM, APPROACH TO LOOKING AT THE A DA AS A WHOLE AND HOW IT'S BEEN WORKING, UM, UM, I, I THINK IT DEFINITELY, DEFINITELY, IT WORKS. IT'S, IT'S A NECESSARY, UH, UM, CIVIL RIGHTS LAW. AND, UM, YOU KNOW, I THINK IT, IT TOOK QUITE A POUNDING DURING THE COVID YEARS DURING THE PANDEMIC AND THE, AND THE, THE, UM, SORRY, THE, UM, YOU KNOW, WHEN WE WERE ALL GOING INTO SHUTDOWN AND YEAH, YEAH. SO, BUT AT THE SAME TIME, PEOPLE WERE BECOMING EVEN MORE AWARE THEN OF THE A DA, BECAUSE, ESPECIALLY IN EMPLOYMENT, BECAUSE OF THE ABILITY OF PEOPLE BEING ABLE TO, OR HAVING TO WORK FROM HOME AS A NECESSITY. AND THAT OPENED UP A HUGE, UH, UM, AREA FOR PEOPLE WITH DISABILITIES TO BE ABLE TO WORK FROM HOME. FINALLY, WHEN BEFORE THE PANDEMIC, THEY WERE NOT ABLE TO CONVINCE EMPLOYERS THAT THEY COULD DO THEIR JOBS FROM HOME COMPLETELY. YEAH. YEAH. SUCCESSFULLY. I, I AGREE WITH YOU. I THINK, YEAH, THAT, THAT, BECAUSE COVID YEAH, MORE OR LESS FORCED EMPLOYERS TO ADOPT A REMOTE WORKPLACE POLICY, RIGHT? THEY, THEY HAD TO DO THAT TO GET THE WORK DONE. YEAH. AND, AND IN DOING SO, THEY OPENED THE DOORS FOR A LOT OF PEOPLE WITH DISABILITIES WHO FOR A DECADE HAD BEEN SAYING, LOOK, WE, WE CAN USE THE INTERNET AND WE CAN USE NEW COMMUNICATIONS METHODS AND TECHNOLOGIES TO WORK AT HOME. AND, UH, AND AND TO DO SO FREES US FROM DEPENDING ON TRANSPORTATION THAT WE DON'T HAVE CONTROL OVER. THAT'S RIGHT. AND IT FREES US FROM, UH, NEEDING TO HAVE, UH, ENVIRONMENTAL ASSISTANCE OR MAKE ADJUSTMENTS TO THE ENVIRONMENT THAT WE HAVE IN OUR HOMES. AND, UH, AND, AND YOU KNOW, THE FACT THAT EMPLOYERS, AFTER SEEING THEIR NON-DISABLED WORKERS BE FUNCTIONAL OUTSIDE THE OFFICE, SUDDENLY REALIZED THAT PEOPLE WITH DISABILITIES HAD A GREAT POINT, ESPECIALLY HIGHLIGHTING ALL THAT TECHNOLOGY, RIGHT? YEAH, YEAH, EXACTLY. RIGHT. YOU THINK THAT WAS THE MAIN D DIFFERENTIATING FACTOR? I THINK, UH, IT, YOU KNOW, I THINK THAT IT PUT A, A HUGE FOCUS ON TECHNOLOGY AND WHAT WE COULD DO IN, IN 2021 OR 2020 WHEN THIS, WHEN [00:15:01] THE PANDEMIC, YOU KNOW, STARTED BASICALLY. AND, UM, SO EMPLOYERS FINALLY KNEW WHAT TECHNOLOGY COULD DO, YOU KNOW, AT WORK AS WELL AS REMOTELY. 'CAUSE YOU KNOW, NOT EVERYBODY COULD WORK REMOTELY, OBVIOUSLY, BECAUSE OF THE DIFFERENT TYPES OF JOBS WE HAVE IN OUR ECONOMY. SO, BUT IT WAS A DEFINITE WAKE UP CALL. UM, AND, YOU KNOW, THE A DA HAS BEEN REQUIRING ACCOMMODATIONS TO WORK FROM HOME WAY BEFORE THE PANDEMIC. I MEAN, THAT WAS NOTHING NEW. MANY PEOPLE WITH IMMUNE DEFICIENCIES, YOU KNOW, DISORDERS AND OTHER TYPES OF MEDICAL CONDITIONS, YOU KNOW, HAD TO WORK FROM HOME. UH, ESPECIALLY LIKE IF THEY GOT INTO A CAR ACCIDENT AND THEY BECAME, YOU KNOW, THEY, THEY ENDED UP WITH A HUGE DISABILITY ON THEIR HANDS, UH, TO DEAL WITH. A LOT OF PEOPLE WERE ABLE TO KEEP THEIR JOBS THANKS TO THE AADA A IN GETTING ACCOMMODATION. SO, AND IT'S NOT THAT WORKING FOR HOME WAS NEW, IT'S JUST THAT IT GOT DEFINITELY REAFFIRMED, YOU KNOW, I I GUESS THE OTHER ASPECT OF TECHNOLOGY UTILIZATION THAT WAS MAGNIFIED DURING COVID WAS THE, UH, TELEHEALTH ABSOLUTELY. AND BEFORE COVID, THE TELEHEALTH EXISTED. YEAH. BUT FEW, UM, CLINICAL OFFICES USED IT TO WORK WITH THEIR PATIENTS. THEY REQUIRED THEM TO TRAVEL MEDICAL INDUSTRY, SHORT, LONG DISTANCE, WHATEVER. MM-HMM . WAIT IN THE CLINIC FOR 30 MINUTES, AN HOUR, SOMETIMES MORE. RIGHT. AND, UH, AND THEY LEARNED DURING COVID THAT THEY COULD ELIMINATE ALL OF THAT SO-CALLED OVERHEAD MM-HMM . AND JUST SEE THE PATIENT IN A TIMELY FASHION, UH, USING THE TELEHEALTH, THAT THAT WAS A BREAKTHROUGH TOO. RIGHT? YEAH. IT WAS A HUGE BREAKTHROUGH. IT'S ALSO, AGAIN, A WAKE UP CALL FOR THE MEDICAL INDUSTRY, FOR HEALTHCARE, UM, THAT THEY COULD DO CERTAIN THINGS. OBVIOUSLY THERE, THERE KNOW, THERE'S SOME MEDICAL NECESSITIES THAT YOU GOTTA GO SEE THE DOCTOR IN, IN PERSON, BUT, OR, OR GET TREATMENT IN PERSON. BUT, UM, IT WAS DEFINITELY THAT ON AIR TECHNOLOGY THAT WE HAVE NOW, YOU KNOW, LIKE IT USED TO BE THAT ONLY RADIO STATIONS AND TV STATIONS HAD THAT. AND NOW WE HAVE THAT AT HOME, YOU KNOW, I CAN PICK UP MY IPHONE OR, OR MY, I COULD GET ON MY COMPUTER AND GET A BUNCH OF PEOPLE TOGETHER AND DO A CONFERENCE CALL IN A MATTER OF MINUTES. AND THAT'S JUST UNHEARD OF, YOU KNOW? NOT EVEN WHAT, YEAH. FIVE, SIX YEARS AGO, I REMEMBER EIGHT YEARS AGO, UH, I WAS INTERVIEWED BY A NATIONAL, UH, NEWS SERVICE, AND I HAD TO GO TO A STUDIO IN A WAREHOUSE IN DOWNTOWN HOUSTON. RIGHT. THAT HAD A LOT OF FACILITIES AND BIG ANTENNAS ON THE ROOF, AND SO ON. MM-HMM . TO DO THE INTERVIEW. AND DURING COVID, UH, ALL THE NETWORKS WERE INTERVIEWING PEOPLE BEHIND THEIR COMPUTER, IN THEIR BEDROOMS, IN THEIR OFFICES, UH, USING THE ZOOM AND, AND OTHER TELE, RIGHT. OTHER TELECOMMUNICATIONS SYSTEMS. NO, IT'S, IT'S REALLY AMAZING. I MEAN, THE FACT THAT WE CAN DO ZOOM CALLS IN HIGH DEFINITION IS JUST, UH, YOU KNOW, OVER THE, OVER THE INTERNET IS JUST AN AMAZING CHANGE YEAH. FOR SO MANY REASONS. YEAH. YOU KNOW. ALL RIGHT. DIEGO, THIS IS GOOD. I WANT TO GO ON TO SOME OTHER NEW, UM, TRENDS THAT RELATE TO A DA AND DISABILITY. RIGHT. BUT WE'RE GONNA TAKE A BREAK REAL QUICK SO PEOPLE AT HOME CAN TAKE A BREAK AND WE'LL BE RIGHT BACK WITH YOU AND WE'LL BE BACK WITH YOU WITH MORE FOCUS ON ABILITY. STAY TUNED. HELLO, MY NAME'S GU HERNANDEZ. MY WORK DEALS A LOT WITH GOING BACK AND REVISITING THESE PLACES OF MY CHILDHOOD IN MEXICO AND DOCUMENTING THEM. THE INFLUX OF SO MANY DIFFERENT PEOPLE ARRIVING HERE IN HOUSTON FROM AROUND THE WORLD IS VERY IMPACTFUL ON MY PALETTE AS WELL AS MY CANVAS AS AN ARTIST. MAINLY FOR ME, JUST ALL THE ART THAT WAS IN HOUSTON WAS A BIG INFLUENCE ON ME. IT REALLY GOT ME SERIOUS ABOUT MAKING MY OWN, THE INFLUX OF SO MANY PEOPLE ARRIVING HERE IN HOUSTON FROM AROUND THE WORLD IS VERY IMPACTFUL ON MY PALETTE AS WELL AS MY CANVAS AS AN ARTIST. ALL THE ART I WAS IN HOUSTON FOR ONLY GOT ME SERIOUS ABOUT MAKING MY OWN. I AM LEX FRIEDEN. THIS IS HTV, AND YOU'RE WATCHING FOCUS ON ABILITIES. UH, WE HAVE DIEGO DEMAYA AN EXPERT ON A DA HERE TODAY WITH US. DIEGO IS AN ATTORNEY WITH THE SOUTHWEST, A DA CENTER, AND DIEGO, WE TAKE CALLS AT 1-800-949-FOUR 2 3 2. RIGHT. AND YOU ANSWER MANY OF THOSE CALLS. YEAH. UH, AND OUR STAFF, OTHER, OTHER ATTORNEYS AND PARALEGALS RECEIVE LOTS OF CALLS. YEAH. WHAT, WHAT ARE THE CALLS NOW TRENDING ONE DIRECTION OR ANOTHER? WHAT'S THE, WHAT IS THE MOST FREQUENT CONCERN [00:20:01] QUESTION ABOUT THE A DA THAT WE GET FROM OUR 800 LINE? YEAH. SO WE'VE GOTTEN, UM, I THINK TRENDING CALLS WOULD, WOULD TEND TO BASICALLY RELATE TO, UM, UM, EMPLOYMENT DISCRIMINATION. UH, SO PEOPLE WORKING WITH DISABILITIES. AND SO WE, WE ARE GETTING, OF COURSE, A LOT OF QUESTIONS ABOUT WORKING FROM HOME OR REMOTELY. UM, AND THEN AFTER THAT, I THINK YOU WOULD HAVE TO BASICALLY MENTION, UH, WEB ACCESSIBILITY. PEOPLE ARE CONCERNED ABOUT GOING TO WEBSITES TO LIKE ORDER THINGS AND THEY CAN'T NAVIGATE, UH, NOT BECAUSE THEY'RE JUST VISUALLY IMPAIRED, OR THEY MIGHT, YOU KNOW, THEY MIGHT BE, BUT ALSO BECAUSE THEY CAN'T USE A MOUSE. UM, OR THERE'S NO CLOSED CAPTIONING FOR A PERSON WHO'S DEAF. YEAH. SO THE THREE MAIN ISSUES WITH WEBSITES ARE ACCESSIBILITY TO PEOPLE WITH VISUAL IMPAIRMENTS, AND IN OTHER WORDS, THE WEBSITES HAVE TO BE CODED. RIGHT. UH, SO THAT, UH, PEOPLE WHO ARE USING ADAPTIVE TECHNOLOGY MM-HMM . CAN ACTUALLY READ BEHIND THE FACE CORRECT. OF THE WEBSITE. IS THAT CORRECT? THAT'S CORRECT. RIGHT. HOW, HOW DO WE ASSURE THAT HAPPENS? WELL, YOU KNOW, UM, IT, YOU KNOW, WE WERE ALL HOPING THAT WEB DEVELOPERS ARE, ARE PICKING UP ON, ON THE MAJOR QUEUE THAT, THAT WE HAVE, UH, UM, YOU KNOW, A, UM, A, A HUGE NUMBER OF LAWSUITS AGAINST WEBSITES AND BUSINESSES USING WEBSITES TO SELL GOODS AND SERVICES. AND, AND IT'S, IT IS NOT ABOUT SUING GIANTS EITHER. IT'S SMALL BUSINESSES, SO IT'S EVERYBODY. SO ANYBODY WHO'S DOING BUSINESS ONLINE RIGHT. FROM AMAZON DOWN TO MOM AND POP EXACTLY. IS SUBJECT TO BEING SUED BECAUSE BLIND PEOPLE DON'T HAVE ACCESS BECAUSE THE CODING ON THE WEBPAGES IS NOT DONE PROPERLY. YEAH. OR SOMEBODY WHO CAN'T USE A MOUSE. RIGHT. THEY CAN'T TAP WITH THE KEYBOARD, THEY CAN'T GET TO THE FORM WHERE THEY NEED TO GET TO. SO EVERYTHING IS VISUAL OR, OR POINT AND CLICK. AND SOME PEOPLE CAN DO POINT AND CLICK, SO, WELL, I DO, WELL, I CAN MOVE THE MOUSE A LITTLE BIT. RIGHT. I USE THE VOICE TO TEXT AND I DIRECT MY CURSOR MM-HMM . WITH MY SPEECH. BUT YEAH. SOME OF THE WEBSITES, I'M NOT ABLE TO DIRECT THE CURSOR. RIGHT. TO MAKE ALL THE FUNCTIONS WORK. YEAH. AND, AND FOR DEAF PEOPLE, THEY NEED TO HAVE, UH, CAPTIONING. RIGHT, RIGHT. THEY CAPTIONING FOR ANY KIND OF VIDEO OR, OR EVEN EVEN IMAGES FOR THAT MATTER, YOU KNOW, UM, THAT MIGHT BE REPRESENTING SOMETHING. SO IT, IT'S, IT'S REALLY IMPORTANT THAT, THAT THEY LOOK AT THOSE KIND OF LIKE THREE KEY AREAS OF, OF WEB ACCESSIBILITY, AND ALSO LET'S NOT FORGET THE APPS, RIGHT. THAT WE HAVE ON OUR SMARTPHONES THING. SO, AND THAT ALSO AFFECTS PEOPLE WITH INTELLECTUAL IMPAIRMENTS WHO HAVE DIFFICULTY OH, DEFINITELY. MANAGING COMPLEX, UH, WEBSITES. SURE, DEFINITELY. SO THEY SHOULD BE SIMPLE AND STRAIGHTFORWARD TO MANIPULATE. RIGHT. RIGHT. I MEAN, THAT, YOU KNOW, THAT THAT SECURITY CAPTURE THAT COMES UP ON ALL THE WEBSITES WE GO TO THESE DAYS, THEY'RE EXTREMELY CONFUSING. A LOT OF PEOPLE CANNOT NAVIGATE THOSE, AND THEY'RE VERY INACCESSIBLE. UM, I THINK THAT THEY'RE WORKING ON MAKING THEM ACCESSIBLE. SOME OF THEM ARE, UH, SOME OF THEM ARE. UM, BUT IT'S NOT, NOT EVERYTHING. IT'S NOT UNIFORM. AND SO WE'RE HOPING THAT, UH, WITH ADVOCACY ACROSS THE COUNTRY AND, AND SOME OF THE LAWSUITS POINTING OUT THESE ISSUES, YOU KNOW, THAT THAT WEB ACCESSIBILITY WILL BECOME A LOT MORE, YOU KNOW, WIDESPREAD. AND PEOPLE WILL NOTICE THAT. WHAT DO YOU ADVISE PEOPLE TO CALL (800) 949-4232 OR TO CALL A, AN ATTORNEY OR TO WRITE THE COMPANY WHERE THEY'RE TRYING TO GET ACCESS OR WHAT? YEAH, YOU KNOW, I ADVISE CONSUMERS TO BASICALLY, UH, LET THE COMPANY KNOW THAT THEY'RE HAVING ISSUES ACCESSING THEIR, THEIR WEB-BASED SERVICES OR EVEN THEIR DOWNLOADABLE APPS FOR THAT MATTER. LIKE, YOU KNOW, YOU CAN DOWNLOAD THE AMAZON APP OR, OR, OR WHATEVER STORE YOU GO TO. MOST OF THEM HAVE APPS NOW. AND SO, I MEAN, SHOE STORES, YOU KNOW, THE SHOE COMPANIES HAVE APPS, BUT, UM, YOU, YOU KNOW, THAT PEOPLE DEAL WITH THAT DIRECTLY FIRST BECAUSE THEY, THEY WANT TO GET THEIR GOODS AND SERVICES, AND USUALLY PEOPLE ARE WILLING TO PROVIDE ASSISTANCE LIKE BY TELEPHONE, FOR EXAMPLE. ALTHOUGH WE KNOW LEX, THAT THAT'S NOT EXACTLY, YOU KNOW, THE EQUAL ACCESS THAT THE AADA A GUARANTEES. RIGHT, RIGHT. 'CAUSE THAT'S KIND OF LIKE A SEPARATE, IT'S KIND OF LIKE PUSHING PEOPLE TO GO THROUGH A SEPARATE CHANNEL, WHEREAS EVERYBODY ELSE, THEY DON'T HAVE TO DO THAT. SO, SO YEAH. SO THEN OF COURSE, THEN YOU HAVE, UH, YOU CAN CALL THE AADA CENTER. YOU CAN CALL US AND, AND, YOU KNOW, AND, AND OR GO TO SOUTHWEST ADA.ORG AND, YOU KNOW, LOOK UP WHAT YOU CAN DO IN TERMS OF LEGAL REMEDIES OR HOW YOU SHOULD PROCEED IF YOU THINK YOU ARE, YOU ARE KIND OF TIRED OF GOING TO THE SAME PLACE AND THEY DON'T CHANGE ANYTHING. UH, AND THEN OF COURSE, FINALLY, YOU KNOW, YOU HAVE FILING COMPLAINTS WITH THE DEPARTMENT OF JUSTICE OR FILING YOUR OWN PRIVATE LAWSUIT. YEAH. SO DIEGO, THE, UH, THE OTHER WEEK YOU HAD THE OPPORTUNITY TO, [00:25:01] UH, SPEAK TO A MAJOR CONFERENCE, A NATIONAL OR INTERNATIONAL CONFERENCE, I GUESS, YEAH. SYMPOSIUM YEAH. ABOUT, UH, UH, THE USE OF, UH, AI MM-HMM . ARTIFICIAL INTELLIGENCE AND HOW THAT MAY BE AFFECTING OR AFFECTED BY THE A DA, WHAT, WHAT, RIGHT. WHAT WERE YOUR OBSERVATIONS THERE? SO BASICALLY, UM, YEAH, I MEAN, THAT WAS, THAT'S A HUGE, UH, AREA RIGHT NOW IS THE USE OF AI AND HOW IT INTERSECTS WITH THE A DA. UM, AND SO THE, I I THINK THAT THE, THE MORE IMPORTANT OBSERVATIONS THAT I CAN MAKE AS, AS A, AS A, I GUESS AS A STUDENT OR A SCHOLAR OF , YOU KNOW, WHAT HAPPENS, HOW THE A DA WORKS IS, IS, OR MAYBE A, I THINK I LIKE A DA NERD BETTER. I'M AN A DA NERD, YOU KNOW, I THINK WE ALL ARE. BUT, UM, BASICALLY, UM, THAT AI HAS TO BE CHECKED AND DOUBLE CHECKED TO MAKE SURE THAT WHEN THEY USE AN AUTOMATION TOOL THAT DECIDES, FOR EXAMPLE, ON HIRING ON WHICH CANDIDATES TO PICK OUT OF OUT A POOL OF RESUMES, UM, THAT THEY DON'T LEAVE UP PEOPLE WITH DISABILITIES, OR THAT IT DOESN'T EXCLUDE THEM BECAUSE THE AI THINKS THAT THEY WON'T BE QUALIFIED TO DO THE JOB BECAUSE THE AI MAY KNOW THAT THE PERSON HAS A DISABILITY OF SOME KIND. UM, AND THEN THE OTHER ISSUE IS MONITORING WORKERS. RIGHT? WE'RE MONITORING PEOPLE WITH, YOU KNOW, ALL KINDS OF WEARABLE BRACELETS AND DEVICES NOWADAYS. UM, AND PEOPLE WITH DISABILITIES NEED TO BE ABLE TO GET ACCOMMODATIONS WHEN IT COMES TO USING THOSE DEVICES, WHICH ARE GONNA BE VERY, YOU KNOW, WHICH ARE VERY STANDARDIZED AND CANNOT TYPICALLY BE MODIFIED UNLESS, YOU KNOW, THE, UM, UM, THE, THE, THE ADMIN, THE ADMINISTRATORS ARE WILLING TO MAKE WHATEVER MODIFICATION WOULD BE, NEED IT FOR THAT INDIVIDUAL. SO THAT'S WHAT THE A DA WOULD REQUIRE. SO THAT'S KIND OF WHERE AI STANDS RIGHT NOW. IT, IT'S A PRECARIOUS PLACE TO BE RIGHT NOW FOR EMPLOYERS USING AI, BECAUSE THEY'RE GONNA HAVE TO START BEING VERY, VERY VIGILANT. AND OF COURSE, YOU KNOW, THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION IS ON TOP OF THAT AS WELL. THEY'VE ISSUED SEVERAL. THE, THE BOTTOM LINE IS WE DON'T WANT, WE DON'T WANT PEOPLE USING AI TO BE DISADVANTAGED EXACTLY. BECAUSE THEY HAVE DISABILITIES AND WE DON'T WANT A D AI RIGHT. TO DISCRIMINATE ON THE BASIS OF DISABILITY. YEAH, YEAH. RIGHT. AND THEY SHOULD DEFINITELY GO TO OUR WEBSITE BECAUSE IT, IT, THE ISSUES CAN GET REALLY SOPHISTICATED AND MORE SUBTLE WHEN WE'RE DEALING WITH TECHNOLOGY LIKE AI. SO IT, IT'S, IT, IT'S REALLY HELPFUL THAT PEOPLE START TO LEARN HOW THESE THINGS WORK AND HOW THEY'RE USED. YOU KNOW, DIEGO, WE'VE LEARNED A LOT FROM YOU TODAY. WE'RE GONNA WRAP UP OUR, UH, CONVERSATION, BUT BEFORE WE DO YEAH. WE WANT TO ANSWER THE QUESTION THAT I ASK. THAT'S RIGHT. AT THE BEGINNING OF THE PROGRAM, HAS THE A DA EVER BEEN AMENDED? YEAH. SO THE A DA WAS AMENDED IN 2 0 8, 2008, AND IT BECAME LAW JANUARY 1ST, 2009. AND BASICALLY, UH, YOU KNOW, THEY CLARIFIED SOME THINGS THAT NEEDED CONGRESS CLARIFIED SOME THINGS THAT NEEDED FURTHER CLARIFICATION AND AFFIRMATION. UH, SO A LOT MORE PEOPLE WITH DISABILITIES WERE FINALLY COVERED, LIKE PEOPLE WHO HAVE CANCER, UH, IN SIMILAR CONDITIONS, WHERE BEFORE THEY WERE NOT CONSIDERED AS HAVING A DISABILITY, ESPECIALLY WITH REGARDS TO EMPLOYMENT. RIGHT? SO, UH, OR GOING TO SCHOOL FOR THAT MATTER. SO IT'S, IT, THE AMENDMENTS HAVE WORKED OUT REALLY, REALLY WELL AND IT HAS NOT BEEN, IT HAS NOT BEEN THE DOOM AND GLOOM THAT EVERYBODY THOUGHT IT WOULD BE IN TERMS OF CAUSING ANYBODY ANY MAJOR, YOU KNOW, EXPENSES OR, OR LITIGATION OR, THERE REALLY HAS BEEN NOT MUCH OF THAT. ALRIGHT. YOU KNOW, THE ISSUES ARE ALWAYS HAVING TO DO WITH, WITH EITHER INADVERTENT OR DELIBERATE DISCRIMINATION, AND THOSE ISSUES ALWAYS REMAIN THE SAME. SO, AND, AND AGAIN, FOR PEOPLE WHO ARE WATCHING, UH, A DA TECHNICAL ASSISTANCE CENTER, SOUTHWEST, A DA CENTER, 1-800-949-FOUR 2 3 2, IF YOU'RE WATCHING FROM ANOTHER STATE OR EVEN ANOTHER COUNTRY AND YOU NEED INFORMATION ABOUT THE A DA, THAT PHONE NUMBER'S GOOD. ALL OVER THE WORLD. ALL OVER THE UNITED STATES. MM-HMM . SO DON'T HESITATE TO USE IT. UH, IF YOU NEED TECHNICAL ASSISTANCE ON THE A DA. RIGHT. UH, YOU'VE BEEN WATCHING FOCUS ON ABILITIES. DIEGO DEMAYA, THANK YOU FOR BEING OUR GUEST TODAY. UH, LOVE TO BE HERE. THANK YOU, LEX. THANK YOU ALL FOR WATCHING. FOCUS ON ABILITIES. UH, THIS IS A PRODUCTION OF HTV. I WANNA WATCH EVERY, I WANT TO THANK EVERYONE FOR WATCHING THE PROGRAM AND WE'LL BE BACK WITH ANOTHER, UH, FOCUS ON ABILITIES NEXT MONTH. THANK YOU FOR WATCHING, AND, UH, HAVE A GREAT DAY. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.