Complaint: Georgia Network for Educational and Therapeutic Support / U.S. v. Georgia (N.D. Ga. 2016)
On August 23, 2016, the United States filed a lawsuit against the State of Georgia in federal district court to remedy violations of the ADA pertaining to the State’s failure to provide thousands of public school students with behavior-related disabilities with appropriate mental health and therapeutic educational services and supports in the most integrated setting appropriate to their needs. The lawsuit alleges that, as a result of the manner in which Georgia plans, funds, administers, and delivers its mental health and therapeutic educational services through the Georgia Network for Educational and Therapeutic Support Program (“GNETS Program”), students with disabilities are unnecessarily segregated and provided unequal educational opportunities in GNETS Centers and Classrooms, where they are isolated from their non-disabled peers, when they could be served in general education classrooms. The lawsuit further alleges that other students with behavior-related disabilities are placed at serious risk of segregation in the GNETS Program.
On July 15, 2015, the United States sent its findings to the State of Georgia stating that the State’s administration of the Georgia Network for Educational and Therapeutic Support (GNETS) program violates Title II of the Americans with Disabilities Act by unnecessarily segregating students with disabilities from their peers in school. The State fails to ensure that students with behavior-related disabilities receive services and supports that could enable them to remain in, or return to, the most integrated educational placements appropriate to their needs.
Complaint - filed August 23, 2016
Press Release - August 23, 2016
Statement of Interest: Ball v. Kasich
On August 22, 2016, the United States filed a Statement of Interest in the case of Ball v. Kasich. In Ball, individuals on a wait list for home- and community-based services allege that Ohio’s ongoing denial of services has placed them at serious risk of institutionalization. The Statement of Interest clarifies that non-institutionalized individuals with disabilities who are not currently receiving state-funded home- and community-based services may bring a claim that a public entity has placed them at risk of institutionalization or segregation in violation of Title II’s “integration mandate.” The Statement of Interest also makes clear that a serious risk of institutionalization need not be imminent to state a valid Olmstead claim.
Statement of Interest (Word) | (PDF)
Regis Corporation to Pay $60,000 to Settle EEOC Disability Discrimination Suit –
According to EEOC, Regis denied Jacquez an accommodation for her claustrophobia and then fired her. EEOC said Jacquez was hired as a hair stylist in January 2014 at the company's Midland location. Due to her claustrophobia, Jacquez could not work at a salon station if it was in a confined space located between others. Although at first she was assigned to a more open station at the salon, the company later moved her to work between other stylists. Despite repeated requests to continue working in her original spot, Regis refused to move her back to a station that would allow her to not feel claustrophobic and increase the potential for episodic anxiety attacks. This decision by Regis resulted in a physical reaction that sent Jacquez to the hospital emergency room for treatment for her claustrophobia. EEOC also claimed when Jacquez needed two months off from work to undergo medical treatment, the company failed to follow through to assist her with the necessary paperwork for medical leave and fired her.
The Americans with Disabilities Act ("ADA") prohibits disability discrimination, including denying an employee a reasonable accommodation, in the workplace. EEOC filed suit (Civil Action No. 7:15-cv-00160-XR) after first attempting to reach a pre-litigation settlement through its conciliation process.
In addition to the monetary relief, the two year consent decree requires substantial injunctive relief, including conducting annual ADA training for the district leader, all salon managers, and hair stylists at Regis salons in Midland, Odessa, and Big Spring. The company will post a notice regarding disability discrimination, and describe the reporting procedure for employees who believe they have been discriminated against on the job.
"This settlement is an important reminder to employers of their obligation to comply with the ADA and ensure that employees who need a reasonable accommodation will receive the protections and opportunities available to them under federal law," said EEOC senior trial attorney Devika Seth.
EEOC Sues Legendary Baking For Disability Discrimination
According to Julianne Bowman, EEOC's district director in Chicago, who managed EEOC's pre-suit administrative investigation, Patricia Hall, a long-term employee at Legendary Baking's Oak Forest, Ill., baking facility, developed CSP myelopathy, a condition affecting the spinal cord, as a result of injury outside of work. This condition required Hall to take a leave of absence in order to have surgery. While recuperating, Hall sought to return to work with restrictions in a temporary light-duty capacity, but was told that she was ineligible because such work was reserved for employees injured on the job. As a result, Hall remained on leave and was terminated for failure to return to work at the expiration of 180 days, pursuant to Legendary Baking's leave policy. When Hall was released to full duty a month later, she sought rehire, but was denied, EEOC said.
The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability, which can include denying reasonable accommodations to disabled employees, terminating their employment, and failing to hire or rehire disabled individuals.
EEOC filed suit after first attempting to reach a pre-litigation settlement through its conciliation process. The case, EEOC v. American Blue Ribbons Holding, LLC d/b/a Legendary Baking, Civil Action No. 16-cv-8266, was filed in U.S. District Court for the Northern District of Illinois, Eastern Division, and was assigned to U.S. District Judge John Blakey. The government's litigation effort will be led by Trial Attorney Laurie Elkin and supervised by EEOC Supervisory Trial Attorney Greg Gochanour.
Wal-Mart: Former employee who complained to EEOC never requested accommodation
Legal News Line
Retail giant Wal-Mart contends a former, long-term employee who alleged disability discrimination by the company never requested an accommodation.
Dozens of Colorado businesses hit with Americans with Disabilities Act lawsuits filed by Florida man
The Denver Channel
A rural Colorado restaurant owner says he is planning to shut down his business because he cannot afford to fight a lawsuit brought by a Florida man alleging violations of the Americans with Disabilities Act (ADA).
The same man, Santiago Abreu, brought complaints against 65 businesses throughout Colorado claiming he visited the businesses during frequent trips to the state.
In his lawsuits, Abreu says he suffers from multiple sclerosis and is partially paralyzed and uses a wheelchair. He says he makes frequent trips to Colorado in the lawsuits. The court filings describe Abreu as a “’tester’ for the purpose of discovering, encountering and engaging discrimination against the disabled in public accommodations.”
How To Talk To The Police If You're Deaf
GOOD Magazine
Along with the right to remain silent, we are all entitled to the right to have our voices heard by our government—even if we aren’t able to speak aloud.