ADA in the News: April 25, 2018

Broward County librarian alleges disability discrimination

Florida Record

A former librarian has filed a lawsuit against Broward County, alleging discriminating against her due to her disability.

According to Coleen A. Leogue’s complaint, she worked as a librarian in Broward County for nearly 35 years, including work as a library aide for the past 16 years.

“For the roughly 35 years that Broward County employed Leogue, she performed her job competently and received positive reviews and received numerous commendations,” the suit says.

Leogue said she has a cognitive disability due to brain damage, making her disabled as defined within the meaning of the American with Disabilities Act.

How to talk to your boss about caregiving

The San Diego Union-Tribune

Taking care of aging parents or an ailing child, spouse or sibling can be a full-time job. Caring for those loved ones — while also working, raising kids, shopping, cooking, cleaning and handling everything else in life — can wipe you out.

If that’s the case (1 in 6 U.S. employees is a caregiver), you may want to talk to your boss about ways the company can help you do both. That will allow you to continue as a productive, valuable employee.

United States: New York City Mandates Cooperative Dialogue For Accommodation Requests

Mondaq News Alerts

New York City maintains some of the most expansive and comprehensive human rights laws in the nation. Two new amendments to the city's laws, which address the process that employers (and other covered entities, such as public and housing accommodations) must use to evaluate reasonable accommodation requests from individuals with disabilities, add to the city's substantial body of human rights law.  These city requirements are in addition to applicable disability accommodation duties under the Americans With Disabilities Act and state law.

Effective October 16, 2018, Sections 8-102 and 8-107 of the administrative code of the City of New York (which houses the city's human rights laws) will require all New York City employers with four or more employees to engage in a "cooperative dialogue" with "a person entitled to an accommodation or who may be entitled to an accommodation under the law."

Federal suit follows Texas Judicial Council Admission of non-compliance by guardians of senior citizens

Southeast Texas Record

A Manhattan woman who worked as an actress in an NBC TV pilot directed by Spike Lee and a Macy’s commercial last year has filed a breach of fiduciary duty lawsuit against her San Antonio-based mother over the alleged abuse of and isolation from her legally blind father who is a 22 year veteran of the U.S. Air Force and currently guardianized under a Bexar County court order.

According to the lawsuit, filed by plaintiff Juliette Fairley in the Western District federal court, the guardianship imposed upon James Fairley is unconstitutional and based on fraud. 

The 50-page complaint states: “Defendant [Mauricette] Fairley is failing to protect her legally blind husband James from harm in the context of her position as an agent (other instrumentality) of the state’s adult guardianship system and in the process is violating James’ constitutional rights, federal law protections and committing violations of state law.”

The Plaintiff's pleading against her mother Mauricette contains 150 pages of exhibits and comes on the heels of testimony to Congress by Texas Judicial Council representative David Slayton. On April 18, Slayton admitted that nearly half of court appointed guardians who are family members are non-compliant with reporting requirements. Slayton is also administrative director of the Texas Office of Court Administration in Austin.

Six counts in the Fairley v Fairley lawsuit include disability discrimination, negligence, integration mandate violations, ADA claims of retaliation, breaches of fiduciary duty and fraud.

Ableism: What is it, should you be concerned?

Blasting News

#Ableism is discrimination in favor of able-bodied people. It characterizes people based on their disabilities. Those who have this type of mindset believe that disabled persons are inferior to those non-disabled. This is not as simple as those who have no physical disabilities believe those who are physically handicapped are less significant. Another way to look at the definition of this word is to think of it more as "ideas, practices, institutions, and social relations that presume able-bodiedness" and marginalize persons with disabilities.

Disability advocates decry ADA rollback bill

Jewish News of Greater Phoenix

Jewish disability advocates are concerned that a bill being considered by Congress will lead to increased bureaucracy and less access for the disabled.

The bill, known as HR 620, would roll back a portion of the Americans with Disabilities Act by including a provision requiring people with disabilities who encounter a barrier to access to submit a written notice to a property owner and observe a waiting period before suing. Disability advocates say that would lead to more negligence toward the disabled from business owners who are out of compliance with the ADA.

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