ADA Alert: Seventh Circuit Significantly Restricts Leave as a Reasonable Accommodation…but Cities, States and Other Circuits Take a Different View
Lexology
Employers, at least those in Illinois, Indiana and Wisconsin, have finally been given clear guidance regarding how much leave an employee should be given when he or she is unable to perform the essential functions of his or her job due to a disability. The Seventh Circuit, in rulings issued in September and October 2017, has staked out a position that directly contradicts the position long taken by the U.S. Equal Employment Opportunity Commission (EEOC) that employers must provide disabled employees with an extended leave of absence as a reasonable accommodation under the Americans with Disabilities Act (ADA). In Severson v. Heartland Woodcraft, Inc. (Case No. 15-3754, Sept. 20, 2017), the plaintiff took twelve weeks of leave under the Family and Medical Leave Act (FMLA) and, before that leave expired, asked for an additional three-month leave of absence as a reasonable accommodation for a chronic back condition. The employer denied his request and terminated his employment. The plaintiff alleged that his request for an additional three months of leave following the exhaustion of his FMLA leave was a reasonable accommodation under the ADA.
Are Extended Leaves of Absence Reasonable Accommodations? A Federal Appeals Court Recently Said No
Lexology
When an employee is out of work due to a serious illness or injury, how long and under what conditions does the employer need to hold that employee’s job open? This can be a vexing question, involving overlapping federal law, state law, and decisions by the courts and administrative agencies like the Equal Employment Opportunity Commission (EEOC) and Massachusetts Commissions Against Discrimination (MCAD).
The general consensus is that employers should avoid cut-offs based strictly on the passage of time, and instead should make individual decisions based on each employee’s circumstances. A recent decision by the United States Court of Appeals for the Seventh Circuit (Illinois, Indiana, and Wisconsin) has added some complexity to the equation.
Extended absence as a reasonable accommodation for a disability was not clearly addressed by the Americans With Disabilities Act (“ADA”), and was complicated with the enactment of the Family and Medical Leave Act (“FMLA”) in 1993. As most larger employers are aware, FMLA provides eligible employees with up to 12 weeks of unpaid, job-protected leave when they are unable to work because of a serious health condition, amongst other reasons. Employers have long been counseled, however, not to simply terminate employees who fail to return to work after the expiration of their FMLA leave, and not to terminate non-FMLA-protected employees when they are temporarily unable to work due to a serious health condition.
Theater Company Agrees to Create Policies to Prevent Food Allergy Discrimination
Allergic Living
A Massachusetts family has been vindicated in a protracted legal drama with a youth theater company that centered on the civil rights of a child with severe food allergies.
Back in June 2016, the Department of Justice first found that the Young Shakespeare Players East (YSPE) had violated the Americans with Disabilities Act (ADA) when it refused to make accommodations for Mason Wicks-Lim’s allergies to peanuts and nuts and essentially barred the then 10-year-old from the program.
Is Your Hotel Website ADA Compliant? Here's Why It Matters
Forbes
When the Americans with Disabilities Act first came into existence in 1990, few industries were affected more than the hotel industry. Any place of public accommodation was now required to provide “full and equal enjoyment of [its] goods, services, privileges, advantages or accommodations” to people with disabilities. In other words, it was no longer just good business practice to make your hotel’s rooms and suites accessible to disabled guests; it became required by law.
More than 25 years later, history is about to repeat itself — this time with websites. Online web pages aren’t brick-and-mortar public spaces per se, but they are still places of business. As such, many have argued that they also need to be tailored to guests who, for instance, can’t see or hear. It’s not written into law quite yet, but the keyword is yet: Dozens of high-profile brands and institutions have been hit with sizable lawsuits in recent years, including Fordham University, Foot Locker, Brooks Brothers and more, and it’s only a matter of time before hotels are legally required to comply. In fact, the U.S. Department of Justice has announced plans to implement ADA regulations, many of which are expected in 2018.
Lawsuit of police officer fired over Taser training reinstated
Business Insurance
A federal appeals court has restored race, gender and disability discrimination claims filed by a fired police officer, who was terminated after she asked to be excused from Taser training because of a heart condition.
Jacqueline Lewis, an African-American woman, joined the Union City, Georgia, police force in 2000 and was promoted to detective in 2008, according to Friday’s ruling by the 11th U.S. Circuit Court of Appeals in Atlanta in Jacqueline Lewis vs. City of Union City, Georgia, et al.
In January 2009, Ms. Lewis suffered a small heart attack but returned to work without any restrictions, according to the ruling. In 2010, the police chief purchased Tasers for all officers and required each to carry one.
Ms. Lewis was scheduled for Taser training, but in June 2010 her doctor sent the department a note stating he was worried the Taser ’s electrical current could cause her heart undue stress, and recommended a Taser gun not be used on or near her.
Two days later, Ms. Lewis was placed on administrative leave without pay and terminated the following month. Ms. Lewis filed suit in U.S. District Court in Atlanta on charges including disability discrimination under the Americans with Disabilities Act, and race and gender discrimination under Title VII of the Civil Rights Act of 1964. The District Court granted Union City summary judgment dismissing the charges.
Deaf woman claims discrimination by cops in lawsuit over arrest
NJ.com
A deaf woman who was arrested on charges she assaulted a Monroe Township police officer in 2016 has filed a federal lawsuit claiming discrimination and violation of federal disability laws.
Disabled Prisoners Sue Over Santa Barbara County Jail Conditions
Rewire
One plaintiff, Maria Tracy, lost the vision in her right eye as a result of inadequate medical care, while 52-year-old Raymond Herrera died inside in 2015 while serving a ten-day sentence because staff didn't give him his anti-seizure medications and he sustained a fatal internal injury during a seizure.
Boas: We need to set the record straight on ADA-lawsuit guest column
AZCentral.com
Arizona attorney general intervenes in flood of lawsuits over compliance with Americans With Disabilities Act. azcentral.com
Frequent lawsuit filer says he's an 'ADA tester'
Terre Haute Tribune Star
Ohio man has filed more than 30 lawsuits, including 3 in Indiana