Did Hospital Discriminate Against Doc Who Sat During Surgery?
OutpatientSurgery.net
How would you deal with a surgeon who insisted on sitting during surgery, because he has diabetes and a fractured foot?
That's the question a South Carolina hospital had to weigh after an experienced obstetrician, Robert J. Robinson, MD, performed a complicated Caesarian while sitting on a stool. After multiple witnesses, including another physician, said that Dr. Robinson had been unable to properly view the surgical field, unable to properly handle the baby and unable to address hemorrhaging after the birth, the hospital essentially asked Dr. Robinson to take a permanent leave of absence. The mother, by the way, later developed a serious infection.
Dr. Robinson sued St. Francis Xavier Hospital in Charleston, S.C., arguing that sitting on a stool while operating was a reasonable accommodation, which the hospital was required to provide him under the Americans with Disabilities Act. The hospital countered by arguing that the ADA doesn't apply, because while Dr. Robinson had privileges at the hospital, he wasn't an employee.
The case is still pending, but a federal judge has reversed a magistrate's recommendation that it be dismissed, and backed Dr. Robinson, asserting that "no controlling, or even persuasive, authority exists to find that … (his) position as a non-employee physician with staff privileges precludes him from stating a claim as an 'individual' entitled to reasonable accommodations under … the ADA."
The question going forward might be whether an accommodation that, in the eyes of the hospital, could compromise patient safety, can be considered "reasonable," but that has yet to be determined.
JD Supra
Recent headlines around a high-profile settlement between the US Department of Justice and edX, Inc., one of the largest and earliest distributors of MOOCs, have once again highlighted the importance of understanding the rules for making online courses and services accessible to those with various types and levels of disabilities. While much of the media coverage of the edX settlement has focused on the fact that the government sued so high-profile—and respected—an online provider, to date there has been little recognition that the enforcement action may signal an effort to extend the ADA's accessibility requirements not only to a broader range of non-institutional entities providing web-based instruction, but also to those that provide other education-related services.
Celebrating Access Today: 25th Anniversary Year of the Americans with Disabilities Act
The Justice Blog
McDonald's Franchise Settles Claim It Refused To Allow Service Dog in Restaurant
Patch.com
McPal, Inc. agreed to provide training and awareness to employees at its Canton restaurant.
Under fire from lawsuits, Uber courts deaf drivers
VatorNews
The company has been accused of not catering to the needs of the disabled community
Getting what you don't ask for – the perils of ADA accommodation by inference
Lexology
A case out of the federal court of Maine provides a useful reminder that employers cannot put blinders on when it comes to the ADA and requests for accommodation. The case, Heath v. Brennan (Case No. 2:13-cv-386-JDL), involved a long-time postal employee who developed tendinitis in the early 1990s, forcing him to wear arm braces at work. His co-workers teased him about the arm braces, which ranged from the mild (“gave him a hard time”) to the salacious (“he needed the braces because he had been masturbating”). His supervisors also got into the act; on one occasion when a supervisor was asked about accommodating plaintiff, he responded, “I’ll give him accommodations – I’ll kick his ass.” Unsurprisingly, this behavior led to the plaintiff filing EEOC complaints, which in turn led to settlement agreements in which the postal service was required to educate his supervisors about his medical restrictions. As a side effect of the behavior he encountered, the plaintiff subsequently developed mental health issues, including PTSD, depression and anxiety.
Justice Department files Fair Housing Act lawsuit against City of Beaumont
12NewsNow.Com
The Justice Department Tuesday filed a lawsuit against the city of Beaumont, Texas, alleging violations of the Fair Housing Act and the Americans with Disabilities Act. The lawsuit, filed in U.S. District Court for the Eastern District of Texas, charges that Beaumont discriminated against persons with disabilities based on its treatment of small group homes and companion care homes for persons with intellectual or developmental disabilities by applying overly-restrictive zoning and fire code restrictions that are not imposed on similarly-situated housing for persons who do not have disabilities.
Fresno County jail inmate lawsuit settled
Fresno Bee
The inmates claimed the jail failed to properly medicate them
County officials agree to a remedial plan to ensure mentally ill inmates get needed medications and care
The jail will hire 100 additional correctional officers to quell violence
Is a kangaroo a service animal? It depends on where you are and what the animal does
Lexology
We recently came across a news story that inspired us to draft this post: A Wisconsin woman and a kangaroo enter a restaurant. (If that isn’t a great joke intro, we don’t know what is.) Another customer calls the police to report the animal, but the woman claims that her kangaroo is a service animal and produces a note from her doctor validating her assertion. The police ask her to leave, and she and baby Joey exit in anger. Even though in this scenario no action was taken, the issue remains far from moot. Because what qualifies as a service animal under the law – and how businesses can be best prepared in situations such as these – continues to be confusing and, thus, a popular area for discussion.
Vietnam vet asks Newburgh council to ensure businesses comply with ADA
Evansville Courier & Press
A local Vietnam veteran believes it’s the town of Newburgh’s responsibility to make sure local businesses are in line with the Americans with Disabilities Act, and the lack of response to his previous complaint makes him feel “under-appreciated.”
Judge denies company's motion for judgment in case of fired CFO
The Pennsylvania Record
On May 20, a federal judge denied a motion for summary judgment made by a property management company that claims it was not in violation of the Americans with Disabilities Act of 1990 (ADA) when it terminated its chief financial officer in 2009.
Howard M. Goldstein of Wayne filed suit in U.S. District Court for the Eastern District of Pennsylvania in July 2013, with an amended complaint one year later alleging Carlino Development Group (CDG) discriminated and retaliated against him, in violation of the ADA.
Alameda County settles suit with blind voters
SFGate
Blind voters in Alameda County may soon have an easier time voting in privacy after settling a lawsuit requiring better testing and upkeep of audio equipment that allows them to cast push-button secret ballots.
The settlement follows a 2013 federal court ruling that applies disability law to the ballot box.
The legal advocacy group Disability Rights Advocates announced the three-year settlement Wednesday after approval by county supervisors earlier this month.
Study: Disabled people hit harder by violent crime
HLNtv.com
•A new study shows the rate of violent crime against people with disabilities is more than twice the rate for people without disabilities
•The study reveals that 24% of violent crime victims with disabilities believed they were targeted due to their disability
Vet, Service Dog Kicked Out of Parsippany 7-Eleven on Memorial Day
Patch.com
Company says it was a misunderstanding, wants to apologize to customer, report says.
Feds drop investigation into CU-Boulder's accessibility to visually impaired students
Bayoubuzz
The U.S. Department of Justice has dropped its investigation into whether the University of Colorado's technologies are accessible to blind students.
Boulder campus leaders are lauding the decision, but some of the blind students who filed the complaint say not much has changed in the last year.
Mississippi man fights to save service dog
FOX6 WBRC - MyFoxAL.com
A disabled man in Mantachie, MS is fighting to keep his service dog, Walter, from being declared a dangerous dog.
Do Penalties in Mandatory Wellness Programs Violate ADA's Title I?
Bloomberg BNA