ADA in the News: November 3, 2017

Phoebe Putney Hospital Sued by EEOC For Disability Discrimination

According to the EEOC's suit, in May 2016, Phoebe Putney discharged Medical Records Analyst Wendy Kelley rather than grant her request for a reasonable accommodation in the form of leave to receive treatment for her medical condition. Kelley was fired within days of requesting two weeks of medical leave to comply with her doctor's restrictions that she not work during that time. Due to her condition, Kelley fainted at the hospital's facility on the way to meet with her supervisor about her request for leave. Instead of rescheduling the meeting, Phoebe Putney denied Kelley's request for leave and terminated her employment.

Such conduct violates the Americans with Disabilities Act (ADA). The EEOC filed suit (EEOC v. Phoebe Putney Memorial Hospital, Inc., Civil Action No. 1:17-CV-00201-WLS) in U.S. District Court for the Middle District of Georgia, Albany Division after first attempting to reach a pre-litigation settlement through its conciliation process. The EEOC is seeking reinstatement, back pay, front pay, compensatory and punitive damages for Kelley, as well as injunctive relief designed to prevent future discrimination.

Feds to PPA: Fix Your Parking Garages to be Accessible for Disabled Patrons

YC

The Philadelphia Parking Authority has addressed accessibility issues with parking at three of its Philadelphia garages in collaboration with the U.S. Attorney’s Office.

The Americans with Disabilities Act and its accompanying regulations require certain properties, including parking facilities, to have accessibility features.  The U.S. Attorney’s Office conducted a review of several Philadelphia Parking Authority garages and identified concerns regarding accessibility at the Autopark at Independence Mall at 5th and Market Streets, the Autopark at Olde City at 2nd and Sansom Streets, and the Philadelphia Gateway Parking Garage at 1540 Vine Street.  Once it became aware of the concerns, the Philadelphia Parking Authority cooperated with the U.S. Attorney’s Office to identify the issues, develop a plan to address them, and remediate promptly.

“Enforcing the Americans with Disabilities Act is an important priority of this office,” said Acting United States Attorney Louis D. Lappen. “Ensuring public access to parking facilities so that visitors to Center City can enjoy Philadelphia is a benefit to us all.  We were pleased that the PPA agreed with these priorities, and our mutual goal of ensuring access for all was accomplished.”

Local Activist Sues Ultra Music Festival Over Accessibility for the Visually Impaired

Miami New Times

Juan Carlos Girl, a legally blind local activist and Paralympic athlete with cerebral palsy, is suing Ultra Music Festival. He claims the festival's website and live events are inaccessible to visually impaired patrons, which violates Title III of the Americans With Disabilities Act (ADA).

Views Juggling ADA, FMLA and worker's compensation regulations

Employee Benefit Adviser

An employee has a physically demanding job on the factory floor, hut they have been out on leave for an injury that they contend is work-related.

However, your worker’s compensation insurance carrier has recently denied them coverage. Additionally, the employee also has used FMLA intermittently to care for the serious health condition of their spouse before going out on their current leave.

The employee would like to return to work but their medical condition prevents them from regularly lifting more than 20 lbs., an essential function of the position. In the meantime, the supervisor is complaining and wants an employee who can do the job right now. What are your next steps?

Disabled man accuses pizzeria of violating ADA

Northern California Record

A disabled man is suing Los Angeles pizzeria owners, alleging violations of the Americans with Disabilities Act (ADA).

Nicholas Hopewell filed a complaint Oct. 23 in U.S. District Court for the Central District of California against La Pizza Loca Inc. and Does 1-10, alleging they failed to provide full and safe equal access to its facilities at 5040 Whittier Blvd., Los Angeles.

 

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