ADA in the News: January 30, 2015

Settlement Agreement: Nueces County, Texas

Pennsylvania Trans Woman's Lawsuit Tests Exclusions in Americans With Disabilities Act

Advocate.com

Continuing her years-long battle, Kate Lynn Blatt has now argued that not having her gender identity accommodated at work violated her rights under federal disability laws.

Terminated sergeant claims interpersonal problems stem from ADHD

HR.BLR.com

When training supervisors and managers on employee performance and dealing with difficult employees, here is a question you might consider posing to participants—when an employee has trouble interacting and getting along with others at work, is it OK to fire him or her?

Lawsuit Alleges Costco Managers, Employees Taunted Greeter With Tourette’s

The Consumerist

A new federal lawsuit filed today claims that Costco and the managers of a Long Island store violated the Americans with Disabilities Act and New York State Human Rights laws by allegedly allowing managers and staff to taunt a fellow employee about his Tourette’s Syndrome, to the point where the man had to be hospitalized.

Extra charges on PF Chang's gluten-free dishes violate disability law

Legal News Line

A California woman recently filed a lawsuit charging a restaurant chain with discrimination and violation of the Americans with Disabilities Act

Anna Marie Phillips sued P.F. Chang’s China Bistro, Inc., headquartered in Scottsdale, Ariz., on Dec. 9 in Santa Clara County Superior Court. It asserts that the restaurant violates civil and disability rights by forcing gluten-free diners to pay higher prices.

Supreme Court may dilute EEOC's aggressive legal strategy

Business Insurance

The U.S. Supreme Court appears highly likely to take some degree of judicial review of whether the Equal Employment Opportunity Commission must seek conciliation with employers before suing them for violating federal law.

As the ADA Turns 25, Website Accessibility Issues Pose Legitimate Risks for the Financial Services Industry

The National Law Review

While 2014 was certainly a noteworthy year under Title III of the Americans with Disabilities Act (“Title III”), July 26, 2015, will mark the 25th anniversary of the ADA (“25th Anniversary”), an event that will almost certainly be celebrated with significant developments impacting the scope of Title III’s coverage. The U.S. Department of Justice (“DOJ”), charged with regulating Title III, is expected to advance and finalize regulations affecting a variety of industries, including, in some instances, financial services.  Additionally, it would be reasonable to expect advocacy groups and plaintiffs—buoyed by these looming developments and emboldened by the 25th Anniversary—to continue the path followed over the past year, aggressively pursuing an expansive interpretation of Title III in “cooperative” agreements and litigation.

Contemplating what lies ahead is best done in tandem with an eye towards the year that was. While the year 2014 saw a variety of developments under Title III which targeted specific industries, one – relating to website accessibility – had potentially broader implications arguably impacting any entity covered by Title III, including financial services.

 

Wendy's Settles Wheelchair Access Class Action Lawsuit

A Pennsylvania man on Wednesday settled a proposed Americans with Disabilities Act class action suit with a Wendy's International Inc. subsidiary that alleged architectural barriers at Pittsburgh-area Wendy’s restaurants illegally limit access for wheelchair users.

Wheelchair Users Unable To Navigate City Sidewalks

Affect Magazine

It’s disturbing enough that most of New York City’s subways are inaccessible to those in wheelchairs, and that cabs often don’t have the right “equipment” to accommodate handicapped passengers when they do decide to stop for them.

But few people know that simply pushing the pavement is a problem for these folks, too, because many city sidewalks aren’t wheelchair-accessible. Curb cuts, those tiny concrete ramps that connect crosswalks with sidewalks, are key components of pedestrian accessibility for visually impaired and wheelchair bound citizens of any U.S. city, and the number of nonexistent and faulty curb cuts around our heavily pedestrian city is mind-blowing.

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