ADA in the News: May 1, 2015

Fourth Circuit Addresses ADA Disability Discrimination, Retaliation, and Failure to Accommodate Claims

The National Law Review

In a recent decision, Jacobs v. N.C. Administrative Office of the Courts (“AOC”), the Fourth Circuit reinstated a disability discrimination lawsuit filed by a court clerk terminated three weeks after requesting an accommodation for her social anxiety disorder.

Man alleges lack of accessibility at Subway sandwich shop

The Louisiana Record

A Lafourche Parish man has sued Subway, alleging infringement of disability law.

Andrew Schlesinger of Thibodaux filed a lawsuit April 23 in U. S. District Court of the Eastern District of Louisiana against Doctor’s Associates Inc. (DAI) and Subway Real Estate Corp., citing violation of the Americans with Disability Act.

New Disabled Icon Causing Dilemma for New York Businesses

New York Observer

New York businesses have two disabled icons to choose from, and that is one too many. Currently the Empire State is the only one in the country that requires businesses to display a new “Accessible Icon” as oppose to the 50-year-old International Symbol of Access (ISA) specified in the American with Disabilities Act (ADA). The new regulation, which requires that businesses in New York use the Accessible Icon when performing construction and alterations as of November 22 of last year, has provided a quandary for business owners all over the state.

Wellness Watch: Guidance Is (Almost) Here

JD Supra

The EEOC is seeking comments on the NPRM that will shape the final regulations. Members of the public will have until Friday, June 19, 2015, to submit comments. Employers with wellness programs should consider submitting comments to prevent further limits on incentives or other requirements.

It is worth noting that the EEOC proposed regulations may also be seen as a response to Congressional activity. After the EEOC brought actions against the wellness programs of three employers last year, the “Preserving Employee Wellness Programs Act” was introduced in Congress. Depending on the level of concern about the EEOC’s approach, it is possible that Congress could move forward with the bill.

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