ADA in the News: August 8, 2018

Lawsuit dropped against Fresno restaurant fighting alleged ADA abuse

KFSN-TV

Lawyers for a closed Fresno restaurant are claiming a legal victory after a judge's ruling late last month.
The Fresno County judge said that Ronald Moore and his attorneys failed to provide Zlfred's with the various notices required under a 2015 state law, when they filed a state civil rights lawsuit against the restaurant, asking for damages and attorneys' fees.

The state lawsuit followed Moore's federal Americans with Disabilities Act lawsuit that was dropped last year.

US district court rules against UPS Ground Freight union's contract policy

Legal News Line

The U.S. District Court for the District of Kansas has ruled that a UPS Ground Freight union contract policy of paying disabled drivers less than non-disabled drivers violates federal law.

Are Employees with Past Drug Addiction Protected?

Material Handling & Logistics

The Americans with Disabilities Act protects employees and job applicants from discrimination based on past drug addiction.

7 Things Restaurants Should Know About Drug Testing

QSR magazine

Given the nation’s ongoing opioid epidemic and states’ efforts to decriminalize marijuana, it should come as no surprise that drug use in the workforce is at its highest rate in more than a decade.

The good news is your restaurant can maintain a drug testing policy and procedure that protects the safety of your workers and customers, without running afoul of federal laws, like the Americans with Disabilities Act, or local laws, which vary from state to state. But to do so, you will need a strong drug testing policy, vetted by counsel, and you need to make sure that your management team is well-versed in the implementation of that policy.

This popular Sacramento business closed while facing a possible a possible $80,000 ADA bill

Sacramento Bee

A Sacramento pool hall that hosted billiards players from around the world for 50 years closed last Wednesday after its owner said he faced litigation from a serial filer of disability access lawsuits.

Downtown streets not up to par with ADA requirements

Cottage Grove Sentinel

The city isn’t quite sure how many streets do not comply with the Americans with Disabilities Act (ADA) but it does know there are a lot of them. 

According to Cottage Grove City Manager Richard Meyers, it’s difficult to keep track of the number of streets that fall short of the requirements of the ADA because the city tracks them differently. Some may fall under one category while others, are listed elsewhere. The city has no one list that tracks ADA noncompliant streets. 

What Does 'Normal' Mean When You Live With A Disability?

WBUR

This summer marks the 28th anniversary of the Americans with Disabilities Act (ADA). Signed into law by President George H.W. Bush, the ADA prohibits discrimination and guarantees that people with disabilities have the same opportunities as everyone else to participate in the mainstream of American life. While the bill’s all-encompassing language is grand in theory, in practice the concept of equal access to American life has failed many of us living with chronic health conditions.

United States: Flurry Of Recent ADA Cases Can Be Instructive For Employers, Part Two

Mondaq News Alerts

There has been a burst of recent Americans with Disabilities Act (ADA) decisions from around the country that can teach valuable lessons to employers. Last month, we looked at three cases examining the question of whether an employee was “disabled” under the terms of the ADA. This month, we look to three more recent cases that examine another touchstone issue when it comes to disability discrimination litigation: whether a particular job task is an essential function of the job.

Telling Your Coworkers You Have Cancer Doesn't Have to Be Difficult

Women.com

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