Gates-Chili Central School District | PDF
Letter of Findings
Ruling: Gates-Chili Schools Violated Americans With Disabilities Act When Service Dog Was Removed
TWC News
The U.S. Department of Justice's Civil Rights Division has ruled that the Gates-Chili School District violated the Americans with Disabilities Act when it removed a service dog from a student's individual education plan.
Devyn Pereira's mother said as a result, she had to hire an expensive aide to help handle the dog when her daughter went to school.
Devyn suffers from the rare disorder called Angelman's Syndrome, which is an extreme case of autism and epilepsy. She uses a service dog named Hannah, who is trained as a seizure alert dog.
The Department of Justice found the district violated title 2 of the ADA by not changing its policies and procedures so that staff could offer assistance to Devyn and her dog. The Civil Rights Division ordered that staff must assist Devyn as needed and the district must compensate the family for damages.
The district stated it cannot offer comment at this time since it has not yet received the findings from the Department of Justice.
Deceased Employee's ADA Claim Becomes Property of Estate
JD Supra
What happens when a plaintiff pursuing a disability discrimination claim under the Americans with Disabilities Act dies during administrative or judicial review? Are the claims of such a personal nature that they expire along with the plaintiff? According to a new case from the First Circuit Court of Appeals, ADA claims may survive the employee’s death, and may be pursued by his or her estate.
In Vaello-Carmona v. Siemens Med. Solutions USA, Inc., the plaintiff suffered a stroke, resulting in speech and mobility limitations. He claimed that he was laid off, despite superior work performance following the stroke. The plaintiff died one month after filing an ADA discrimination lawsuit against Siemens. The district court dismissed the complaint, stating that it was not inheritable by his estate.
The First Circuit disagreed, reinstating the claim. The court noted that by their very nature, ADA discrimination claims involve alleged harm suffered by plaintiffs during their lives. The ADA is silent on the issue of inheritability, and therefore, the First Circuit deferred to state law on the question of inheritability of the claim. In this case, Puerto Rican law provides that deceased plaintiffs’ estates can collect monetary damages for harms incurred before the plaintiff’s death.
This case could result in a hodgepodge of decisions on inheritability of ADA claims depending on where the plaintiff works. However, employers should not conclude that just because a disabled employee dies, they cannot be sued by his or her estate for pre-death disability discrimination claims.
Court Rejects 'Perceived Disability' Bias Claim
Connecticut Law Tribune
Ex-police officer who had 'irrational' episodes challenged termination
Sign Language Certifier Said to Violate ADA
Courthouse News Service-
A national registry of sign-language interpreters wrongly denied a Maryland man its highest level of certification simply because he is deaf, the man claims in Federal Court.
Know the Law: Accommodating a disabled employee
The Union Leader
Q: Our receptionist is out of work due to a back injury. He wants to return to work, but his doctor ordered him not to sit for more than 30 minutes at a time. Instead of asking to stand at his desk, he applied for the available office manager position within our company. He has only been out of college for one year and does not have any managerial experience. Can he sue us if we don’t give him the job?
Keven Moore: Bipolar disorder in the workplace presents challenges, but they can be overcome
Being bipolar in the workplace presents a huge challenge when stress and unpredictable demands arise. In a survey conducted by the Depression and Bipolar Support Alliance, almost nine out of 10 people with bipolar disorder said the illness had affected their job performance. More than half surveyed said they thought they had to change jobs or careers more often than others. And many felt they were either given less responsibility or passed up for promotions.
If left untreated, the disease can greatly affect job performance, not to mention quality of life, as was the case with my good friend David. However, a combination of medicine therapy and an understanding employer can be effective. Working closely with your health care providers and support network, most employers and affected employees can learn how to manage symptoms and find a balance that works.
Developers Compete for $100000 to Create Apps for Individuals with Disabilities
App Developer Magazine
New York University’s ABILITY Lab and AT&T are launching the Connect Ability Challenge which will allow developers to compete for more than $100,000 in prizes to design software, wearable and other technology solutions aimed at enhancing the lives of individuals with disabilities.
The submission deadline is June 24,2015 and the challenge will be held over the next three months leading up to the announcement of the winners on the July 26th anniversary of the enactment of the ADA. The Connect Ability Challenge will leverage the expertise of NYU’s ABILITY Lab, an interdisciplinary research center dedicated to the development of adaptive and assistive technologies for people with disabilities.
New York Daily News
A Fabco shoe store in Brooklyn has agreed to pay $10,000 to a disabled woman who was barred from entering by an employee who feared the motorized wheelchair might soil the carpet, Brooklyn U.S. Attorney Loretta Lynch announced Tuesday.