Despite recent victories, credit unions' ADA battle is far from over
Credit Union Journal
Credit unions have seen a string of victories so far in 2018 with regard to lawsuits alleging violations of the Americans with Disabilities Act on CU websites. But despite those successes, some observers say the fight is just beginning – a point emphasized by the fact that several Texas-based CUs have received ADA demand letters within the past week.
When credit unions receive demand letters or are the victims of ADA-related lawsuits, they are often aided by representatives from the Credit Union National Association or the National Association of Federally-Insured Credit Unions, both of which have filed a number of amicus briefs on behalf of embattled CUs. Those briefs typically make four arguments for dismissal of the case:
- The plaintiff lacks standing to file suit against the credit union;
- A website is not a place of public accommodation;
- Applying Title III of the ADA to websites renders the statute impermissibly vague in the absence of any implementing regulations by the Department of Justice;
- The court should dismiss the complaint pursuant to the Primary Jurisdiction Doctrine
- In several credit union victories already, courts have agreed with the first argument – that the person named as plaintiff in the suit does not qualify for membership at the credit union in question, meaning he or she does not have the ability to join and is therefore not harmed by any alleged lack of accessibility on the credit union’s website.
But that’s only one court’s opinion, and that could be consequential moving forward.
FEHA has lower disability threshold than ADA
Business Management Daily
California employers must be mindful that it is easier to qualify as disabled under California law than under the federal ADA.
Recent case: David was working as a personal trainer at a health club when a 45-pound weight fell on his foot. He would later testify that the accident had caused extreme pain. His supervisor told him to fill out an accident report, but didn’t send him for medical care. Immediately, he began walking with a limp. A few days later, David went for treatment.
He was then fired for missing training sessions.
He sued for disability discrimination under the state’s Fair Employment and Housing Act. The health club said David wasn’t disabled, but the court said his case could proceed. It noted that David’s limp alone was enough under California law to show a physical disability. (Merritt v. Equinox, Court of Appeal of California, 2017)
How Not to Handle an ADA Accommodation Request
Lexology
We have a special treat for you today—a guest blogger! Rich and I welcome our employee benefits partner Gary Lawson’s article to this Blog—
Whether or not your business has employees within the boundaries of the federal 6th Circuit (Kentucky, Michigan, Ohio, and Tennessee), there are some important lessons employers should learn from the recent decision out of that jurisdiction Mosby-Meachem v. Memphis Light, Gas & Water Div., just affirmed on February 21, 2018.
When it comes to the Americans With Disabilities Act (“ADA”) reasonable accommodations are required and an employer must engage in an interactive process with the employee to determine if one exists which is not unduly burdensome to the employer.
Feds Say UH Manoa Overcharged Disabled Dorm Residents
Honolulu Civil Beat
The University of Hawaii Manoa violated federal law by overcharging disabled students for dorms, according to the U.S. Department of Education.
Disabled students, who may require special accommodations such as single occupancy rooms, paid the standard room rate though they should not have been charged extra to accommodate their medical needs, according to a letter sent to the university by the DOE Office of Civil Rights.
The university refunded more than 40 students a total of about $100,000 for unnecessary dorm charges over the past two school years, according to UH spokesman Dan Meisenzahl. That’s an average of $2,400 per student.
People with Disabilities and Allies Advocate for Universal Subway Access
Chelsea Now
On March 1, at the Graduate Center of the City University of New York (CUNY), a public forum was held to consider the parlous state of transportation in our city. A panel of experts, both erudite and enraged, discussed, among other topics, snail-paced traffic, the inflated cost of subway construction, and buses that have gone MIA.
One topic not mentioned throughout the presentation was the right of the disabled to travel by subway — and why that right, according to advocates for the disabled, is denied systematically. Eventually, during the brief audience period of Q&A , Chelsea Now was able to raise the issue. Of the seven participants, just one, Department of Transportation (DOT) Commissioner and Metropolitan Transportation Authority (MTA) board member, Polly Trottenberg, chose to respond. Then the panel quickly moved back to the more general failures of the MTA.
Loudoun Public Schools no longer allowing therapy dogs in schools
W*USA 9
Until recently, therapy dogs were active in Loudoun County Public Schools, where they helped students, primarily in Special Education classes. However, late last year, the school reminded teachers that this is not allowed under current policy, much to the dismay of advocates and some teachers.
An American Airlines flight without a restroom. Is this legal?
Elliott (blog)
Judy Freedman was waiting to board her American Airlines flight to Columbus when the flight crew made a troubling announcement: The aircraft didn’t have a working restroom. And American Airlines wasn’t going to do anything about it — because it didn’t have to.