Signature Industrial Services Sued By EEOC for Disability Discrimination
Petro-Chemical Contractor Fired Three Brothers Because of Their Blood Disorder, Federal Agency Charges
Why Congress Is Close to Gutting a Key Provision of the ADA
Pacific Standard
Retail lobbyists are pushing through a law that will limit equal access for disabled Americans in commercial spaces.
HR 620 Could Put Disability Rights At Risk
TeenVogue.com
The disability community is taking action on H.R. 620, the ADA Education and Reform Act of 2017, a piece of legislation likely to come up to vote in the House this week. The bill, which has been introduced and went nowhere before, would change the way that access to public accommodations under the Americans with Disabilities Act of 1990 (ADA) is enforced.
Disabled people argue this legislation will introduce substantial barriers to accommodations. Proponents say the legislation is necessary to curb so-called “drive-by” lawsuits that spuriously target businesses for purported ADA violations.
Have a Seat on the Couch -- Employers Can Require Mental Health Exams (Under the Right Conditions)
Lexology
Mental illness in the United States’ adult population is on the rise. In fact, an estimated 8.3 million – roughly 3.4 percent of the population – suffer from serious psychological distress, which is generally defined as a mental health condition serious enough to warrant medical treatment. Unfortunately, a large segment of those afflicted do not seek medical attention. So what’s an employer to do when an employee starts exhibiting a consistent pattern of bizarre behavior? May an employer require an employee to submit to a mental health examination to determine whether that employee is fit to perform necessary job duties? Under the correct circumstances, absolutely.
satPRnews
The Accommodating Employees With Allergies and Odor Sensitivities – Webinar Report has been published. It provides updated in 2018 year analysis of industries from Business, Business and Finance, Personnel and Human Resources Markets.
Disabled man accuses El Cajon jeweler of violating ADA standards
Northern California Record
disabled California man is suing an El Cajon business owner, alleging disability discrimination.
John Schutza, who can't walk and requires a wheelchair, filed a complaint Feb. 1 in U.S. District Court for the Southern District of California against Pro Jeweler & Watch LLC; and Does 1-10, alleging violations of the 1990 Americans with Disabilities Act and the Unruh Civil Rights Act.
Houston Business Journal
The workplace — and the world, in general — has come a long way in the past 30 years when it comes to including and embracing employees with disabilities. Where once it would have been considered impolite or uncomfortable to talk openly about a person’s disability, now employers and employees alike are actively promoting and addressing the issue of disability rights and awareness.
There are two broad reasons for employers to make promoting disability inclusion a priority: first and foremost, it’s required by law; second, an inclusionary company culture comes with a wide variety of benefits for both employers and employees.
Disabled woman accuses Fresno hotel of disability discrimination
Northern California Record
A disabled Arizona woman who requires a wheelchair, is suing a Radisson Hotel in Fresno, alleging disability discrimination, and violation of the Americans with Disabilities Act (ADA) and the Unruh Civil Rights Act.
Theresa Brooke of Pinal County, Arizona,, who has filed numerous disability discrimination lawsuits, filed a complaint Jan. 27 in U.S. District Court for the Eastern District of California against Hi Fresno Hotel Holdings LLC, doing business as Radisson Fresno, alleging failure to to provide full and safe equal access to its facilities.
It's time to restore the integrity of the ADA
The Hill (blog)
Last year, Jerry’s Artarama Art Supplies in West Palm Beach, Florida was sued for a toilet paper dispenser that was not situated at the correct height. In 2016, a popular Colorado restaurant was forced to close its doors after a person from Florida sued the restaurant for its incorrect positioning of urinals in the men’s restroom. Another suit alleged the pool of an Atlanta hotel lacked a pool lift, but the hotel’s pool was permanently closed and covered; the plaintiff had never visited the property.
These serial plaintiffs shake down business owners who are forced to either settle or go to court. In many cases, the plaintiffs issue demand letters that threaten to bring a lawsuit for an ADA violation unless the business pays them to drop the lawsuit. These letters frequently fail to inform the business owner exactly what the alleged violation is. So, the business chooses to pay the ransom and put the potential lawsuit behind them. Small “Mom and Pop” business simply cannot afford costly attorneys, so they settle. This leaves the alleged violation unfixed and the Americans with Disability Act (ADA) abused.
If Drunk Driving Were Protected by the ADA
WorkersCompensation.com
Thank God for some occasional common sense. We don't see it often anymore, but when it does come through, we should take a moment to appreciate it. That is certainly the case with a Texas appeals court, which last week rejected a man's claim that alcohol blood level limits for drivers discriminate against alcoholics and are thereby a violation of his rights under the Americans with Disabilities Act.
The guy has had 4 DWI convictions, so it would appear his rights had been getting violated a lot. His last arrest came after he was involved in a collision, and blew a .29 at the scene. Most of you will recognize that is a tad high – or a whale of a disability, depending on your view.
He made the argument that his four-year prison sentence for that fourth DWI conviction “should be overturned because the legal driving limit discriminates against people with a higher alcohol tolerance.” He said his conviction violated the equal protection clause of the 14th Amendment. If that were found to be the case, it would of course mean that it would be unconstitutional.
And drunks would be allowed to endanger all of us as a reasonable accommodation.
Instead, the court rejected his arguments, pointing out that his case was not claiming alcoholics were being treated differently than non-alcoholics, but rather that he was asking that they should be treated differently. A spokesman for the DA's office involved also pointed out that he was not “being punished for being an alcoholic. It's the driving that's the problem. It's making the decision to get into a 3,000-pound vehicle ... after drinking."
You have to hate pesky little details that have a tendency to derail your stupid argument.
Can you imagine if the court had supported this claim? Alcoholism is already protected to a degree by the ADA, but to make accommodations that would overlook drunk driving would represent huge ramifications for all of us. Those protections could extend beyond the impaired driver. Never mind that little Johnny's bus ride to school could be a whole new adventure; what about the heavy equipment operator, or a metal press operator? Who wants to navigate that employment minefield?
It is one thing to have reasonable accommodations. It is quite another when reasonable has lost all reasonability. Even if you have a disability, it should not exempt you from the obligation to make responsible decisions.
Thankfully, the Austin area appeals court justices appear to have been stone cold sober when they rendered their opinion. We should all have a drink to celebrate their wise decision.