ADA in the News: February 23, 2017

Thursday, February 23, 2017 1:00:00 PM EST - 2:00:00 PM EST

Learn how to apply universal design principles, guidelines, and performance indicators to instruction, information technology, physical spaces, and student services in order to make sure all activities are accessible to everyone, including students with disabilities.

Dr. Sheryl Burgstahler founded and directs the DO-IT (Disabilities, Opportunities, Internetworking, and Technology) Center and the Access Technology Center (ATC). She is an affiliate professor in the College of Education at the University of Washington in Seattle. Her teaching and research focus on the successful transition of students with disabilities to college and careers and on the application of universal design to technology, learning activities, physical spaces, and student services.

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'Ruff' justice: Supreme Court rules for disabled girl, service dog

USA TODAY

The proverb "every dog has its day" came true at the Supreme Court on Wednesday for the family of a 13-year-old girl with cerebral palsy and her goldendoodle, Wonder.

In a case that was closely watched by the disability community, the high court ruled unanimously that Ehlena Fry's family can pursue a lawsuit against her former public school district for denying access to her service dog.

Supreme Court Decides Fry v. Napoleon Community Schools

JD Supra

On February 22, 2017, the United States Supreme Court decided Fry v. Napoleon Community Schools, No. 15-497, holding that a plaintiff need not exhaust administrative procedures under the Individuals with Disabilities Education Act (IDEA) where the gravamen of the plaintiff’s suit is something other than the denial of the IDEA’s core guarantee of a “free appropriate public education” (FAPE) to children with certain disabilities.  

Florida lawmaker files bill to curb ADA lawsuit abuse

WPTV.com

They call themselves advocates for the disabled but serial ADA lawsuit filers have now inspired a Florida lawmaker to take action.  Florida Representative Tom Leek (R- Daytona Beach) recently filed a bill that gives businesses the opportunity to fight ADA lawsuits become they're served with papers.

Is Cancer an ADA disability? Not necessarily

Lexology

On 2/15/17, the Third Circuit Court of Appeals affirmed summary judgment for an employer in a case where an employee was terminated less than one month after she was diagnosed with breast cancer. The court acknowledged that “cancer can – and generally will – be a qualifying disability under the ADA.”  However, the court noted that the ADA determination of whether or not an impairment “substantially limits a major life activity” is an “individualized assessment.” Here, the court noted that the employee had not claimed that her breast cancer limited any substantial life activity, including immune system function or normal cell growth. At her deposition, the employee had testified that she was not substantially limited in any major life activity, including her work, her ability to drive, or her ability to take care of herself or her household. The case is Alston v. Park Pleasant, Inc. (3rd Cir. 2/15/17).

Kiosk translates in sign language to assist hard of hearing customers

QSRweb.com

For the typical consumer, a self-ordering kiosk at a restaurant is a convenience. For the disabled, it can be the reason for even wanting to go out to eat in the first place.

Juke Slot, a provider of kiosk solutions, has gone the extra step of developing a self-order kiosk that displays a virtual avatar that communicates with the hard of hearing in sign language. The Oublié, currently in beta test, can function as a normal self-ordering kiosk as well as cater to the needs of the hard of hearing.

Employee was the one responsible for breakdown in interactive process

Because an employee did not cooperate with Ford Motor Company’s efforts to determine whether he required new medical restrictions for a thumb injury, his ADA failure-to-accommodate claim did not survive summary judgment, held a federal district court in Michigan. He refused to allow a company physician to examine him or to communicate with his family physician, and thus was to blame for the breakdown in the ADA interactive process, the evidence showed. His workers’ compensation retaliation claim failed too, because he did not establish an adverse action. (Roring v Ford Motor Co, EDMich, February 15, 2017, Cox, S.)

Fact questions as to whether broken arm was disability and whether employee was qualified

Despite some medical reports stating that restrictions from an employee’s broken arm were temporary and evidence that her condition improved over time, a federal district court in Tennessee found that she presented evidence sufficient to show she was disabled under the ADA, including that there were still restrictions in place at the time of her termination 12 months later. Because fact issues also existed as to whether she could have performed the essential functions of her job with assistance from others, the court denied summary judgment on her ADA failure-to-accommodate claim. Her retaliation claim failed, however. (Mullenix v Eastman Chemical Co, EDTenn, February 15, 2017, Phillips, T.)

From Medical Condition to Political Condition: The Story of the ADA

lareviewofbooks

Enabling Acts distinguishes itself from these previous histories by capturing the official and the stealth story of who did what in the enigmatic Washington, DC political process that turned an idea — a grievance, a cause, a commitment — into a law. What the ADA accomplished was to literally make people with health disorders into equal citizens under the law. Its mandates and restrictions constituted a protected group of rights-bearing people who were now legally understood as disabled. The ultimate work of the ADA was to transform disability from a medical condition to a political condition.

5 Steps to Make Sure Your Website Is ADA-Compliant

Entrepreneur

The Americans with Disabilities Act (ADA) is one of America's most comprehensive pieces of civil rights legislation. Most people are familiar with the physical accommodations businesses make, such as automatic door openers and wheelchair ramps. But the ADA applies to the virtual world as well.

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