ADA in the News: June 11, 2018

IPI settles discrimination lawsuit filed by ex-table games supervisor

Saipan Tribune

lmperial Pacific International (CNMI) LLC has settled the discrimination lawsuit filed by its former table games supervisor who claimed he has a physical disability and alleged that the company did not act on his complaint of having difficulty standing and walking for long periods of time.

At a settlement conference hearing yesterday afternoon, U.S. District Court for the NMI Magistrate Judge Heather L. Kennedy disclosed that Imperial Pacific and Dennis Campbell, through their counsel, have been in settlement talks in the last several days with her (Kennedy) assistance.

Wheelchair users sue Atlanta, saying they're denied equal public access


Three people who use wheelchairs are taking Atlanta to federal court, claiming that sorry sidewalks deny they and others equal access to the city.

5th circuit appeal for injunctive relief follows allegations of ADA violations by Texas courts

Southeast Texas Record

The Manhattan resident who sued her San Antonio-based mother Mauricette Fairley for fraudulently and unconstitutionally guardianizing her blind military veteran father James Fairley has filed a notice of voluntary dismissal without Prejudice with the federal Western District Court of Texas.

Southington Restaurant Making Changes to be ADA Compliant

NBC Connecticut

A Southington restaurant has agreed to make changes to ensure the business is compliant with the Americans with Disabilities Act after a person with mobility disabilities filed a complaint.

Smokin’ with Chris Restaurant reached a settlement with the US Attorney’s office that includes creating accessible parking spaces, adding an accessible entry route and entrance to the building, providing a ramp, constructing an accessible bathroom, and adding accessible seating in the dining, bar and patio areas.

According to the US Attorney’s Office, the restaurant is already in the process of making the changes and will continue improvements over the next year.

Under federal law, privately owned places of “public accommodation,” which includes restaurants, are prohibited from discriminating on the basis of disability. The ADA gives the US Department of Justice the ability to investigate complaints and review compliance. The Justice Department can also turn to litigation in a case that involves “a pattern or practice of discrimination or that raises issues of general public importance.”

San Diego Homeless RV Owners' Class Action Survives First Test

Courthouse News Service

A federal judge in San Diego on Friday refused to dismiss a class action from disabled homeless people who challenged city laws that prohibit them from living in their RVs or parking them overnight on the street.

U.S. District Judge Anthony Battaglia refused the city‘s request to dismiss the November 2017 lawsuit on behalf of an estimated class of 800 who say vehicle codes which appear to be “facially neutral” discriminate against disabled San Diegans with nowhere to go.

Lawsuit: Washington jail must provide addiction treatment

ABC News

In a novel case that could have national implications, the Washington state chapter of the American Civil Liberties Union sued a county sheriff's office to force it to provide opiate-withdrawal medication to prisoners, rather than requiring them to go cold turkey.

The lawsuit, filed Thursday in U.S. District Court in Seattle, says the Whatcom County Jail's refusal to provide the medicine violates the Americans with Disability Act, because opioid addiction qualifies as a disability under the law. Prisoners suffering from opioid addiction are as entitled to medication as those with any other condition requiring medical treatment, the lawsuit says.

Employers, Do You Need To Accommodate An Employee's Use of Medical Marijuana?

Maybe. But maybe the question is not whether you need to but whether you should, given the way the judicial winds have been blowing.

We have long been blogging about the Americans with Disabilities Act’s (“ADA”) requirements that employers (with more than 15 employees) must provide a reasonable accommodation to a qualified employee with a “disability” within the meaning of the ADA (it’s a broadly interpreted term) that substantially limits one or more major life activity(ies) or has a record of a disability.

Always important to note, the ADA only protects employees who are “qualified,” meaning that the employee possesses the skill, experience, and education to perform the essential functions of the job with or without any reasonable accommodation.

Remember that a reasonable accommodation is a change in the way duties are performed to help a disabled employee perform the job’s duties or enjoy the benefits and privileges of employment.  The ADA requires employers to provide reasonable accommodations to an employee unless such accommodation(s) would pose an undue hardship, i.e., major difficulty or expense based on the employer’s resources and circumstances or those that would completely change the operation of the business.

Disabilities in the Workplace: What To Know (blog)

In 1990, the Americans with Disabilities Act (ADA) made it illegal to discriminate against qualified employees with disabilities. This refers to people seeking employment or currently working in private sectors, state and local governments, employment agencies, labor-managed committees, and labor organizations.

Furthermore, the ADA made it illegal to practice any form of discrimination in pay, hiring/firing, promotions, job assignments, leaves and lay-offs, and all other employment-related tasks and abilities.

If you're an employer or business owner, it's essential to understand who the ADA protects and how you can best serve your workplace. Let's get into what you need to know.

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