Letter of Findings: Philadelphia Police Department | PDF
A Smart Approach to Accommodating Employees with Disabilities
Lexology
As the overall U.S. population shifts, so too do workforce demographics. Based on the different ways the population is changing, employers can expect that more future employees will have disabilities covered by the Americans with Disabilities Act (ADA).
One reason for this is that, as the National Center for Health Statistics reports, U.S. obesity rates have more than doubled since the 1970s—which means there has been an associated rise in weight-related health problems such as high blood pressure, high cholesterol and diabetes.
In addition, more older employees are in the workforce, and some of these seniors have disabilities.
Meanwhile, the U.S. Centers for Disease Control and Prevention has reported a significant rise in the number of children—the workforce of the not-so-distant future—with such developmental and behavioral conditions as attention deficit hyperactivity disorder, autism, and various mood and anxiety disorders.
Unfortunately, many employers are overwhelmed and underprepared when it comes to accommodating employees who have disabilities. What’s more, employers often face a maze of regulations that can complicate the situation. For example, California employers must comply with several overlapping laws, including the ADA, which was broadened by the ADA Amendments Act of 2008, and the California Fair Employment and Housing Act, which must be followed in coordination with various laws on workers’ compensation, pregnancy leave and family leave.
Disabled viewers criticize 60 Minutes story
CBS News
Supporters of disability rights took to Twitter this week to criticize Anderson Cooper’s 60 Minutes report about lawyers who may be exploiting the Americans with Disabilities Act by targeting businesses with frivolous “drive-by-lawsuits.”
Employees' mental health disorders often qualify as disabilities
Lexology
Recent years have seen a heightened societal awareness of mental health issues. Members of the restaurant industry in particular have begun to recognize a mental health crisis within their ranks.
As workers’ mental health issues gain greater awareness, restaurant employers should be aware of their employees’ rights related to mental health diagnoses and employers' responsibilities in these situations.
The Americans with Disabilities Act (ADA) has long prohibited employment discrimination against those with disabilities when it comes to hiring and employment. A mental impairment or mental health issue that substantially limits someone's major life activities, such as working, can qualify as a disability under the ADA. An employee is also protected under ADA if she has a record of a mental impairment. As an example, if an employee has recovered from a mental illness or is perceived by her employer as having a mental impairment – even if she is not actually suffering from a mental health condition – she could be considered eligible for coverage under the ADA.
Uber Forced To Pay Advocacy Group $2.38 Million For Not Picking Blind People
Daily Caller
A judge ruled that Uber must pay the U.S. National Federation for the Blind (NFB) and its affiliates $2.38 million after the advocacy group sued the company in 2014 for frequently declining to pick up riders with service animals.
The NFB claimed that there were more than 30 incidences (that it knows of) where blind individuals were refused service because they used guide dogs, even specifically naming a number of people, reports Ars Technica. The plaintiffs argue that this violates the Americans with Disabilities Act (ADA).
“UberX drivers across the United States are likewise refusing to transport blind individuals, including identified UberX drivers who repeatedly denied rides to one blind woman on twelve separate occasions, charged blind riders cancellation fees, and abandoned blind travelers in extreme weather, all because of guide dogs,” the original legal complaint reads.
The drivers are accused of rejecting the blind individuals even “after they initially agreed to transport the riders.” (RELATED: Judge Denying Uber’s $100 Million Law Suit Settlement Exemplifies Struggle With Drivers)
Veteran Denied Job Because Of Company Medication Policy
Lexology
One more time the Takeaway comes first: Under the ADA you cannot discriminate against applicants or employees based upon a disability or perceived disability, and you must interact with the applicant or employee to determine if the person can perform the responsibilities of the job with or without reasonable accommodation.
The largest refrigerated trucking company in Texas apparently did not do this when it rejected an Air Force vet as a truck driver because he suffered from bipolar disorder.
The EEOC sued claiming that it was the trucking “company policy” not to hire him because he takes medication to control his condition, even though he had medical reports showing that he could drive safely.
Hearing-impaired man sues Florida agency for barring him from taking CDL test
Florida Record
A hearing-impaired man is suing the Florida Department of Highway Safety and Motor Vehicles for not allowing him to take a test in order to receive a commercial driver's license.
In October, Fred McClain filed the complaint in the U.S. District Court for the Middle District of Florida Orlando Division. He claims the agency prevented him from obtaining a CDL because of his hearing impairment.
EEOC Sues Stevens Transport for Refusing to Hire Driver
Transport Topics Online
The U.S. Equal Employment Opportunity Commission has filed a federal lawsuit against Dallas-based refrigerated carrier Stevens Transport Inc. for refusing to hire a truck driver with bipolar disorder.
What Landlords and Property Managers Need to Know About the Americans with Disabilities Act
JD Supra
In recent years, there has been a proliferation of “drive-by lawsuits” involving the Americans with Disabilities Act (“ADA”). Such actions typically involve a plaintiff’s lawyer cruising around town with a disabled individual in search of retail properties whose premises are in violation of the ADA. Indeed, these lawsuits are so prevalent that 60 Minutes recently dedicated a portion of its Sunday night program to the topic.
Each year, drive-by lawsuits result in the filing of thousands of lawsuits by a relatively small number of individual plaintiffs. Ironically, oftentimes, these individuals have suffered no actual harm and can recover little or no monetary damages. Nevertheless, landlords and property managers may be required to undertake costly remediation efforts. The lawyers filing such suits recover attorney’s fees (sometimes with a kick-back to the individual plaintiffs as compensation for their time).
Legal News Line
The U.S. Department of Justice announced Dec. 5 that a group of development companies responsible for six multi-family housing complexes in southern Mississippi will pay $350,000 after allegations of violating the Fair Housing Act and the Americans with Disabilities Act.
“Housing impacts critical areas of one’s daily life,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division. “This comprehensive settlement demonstrates the Justice Department’s commitment to protecting the rights of persons with disabilities to reside in and visit the housing of their choice.”
The defendants in the case are Ike W. Thrash, Dawn Properties Inc., Southern Cross Construction Co. Inc. and other affiliated companies. According to allegations, these developers violated the law at the Beach Club Apartments in Long Beach, the Belmont Apartments in Ocean Springs, the Grand Biscayne Apartments in Biloxi, the Belmont Apartments in Hattiesburg, the Lexington Apartments in Ridgeland and Inn by the Sea Condominiums in Pass Christian by making them inaccessible to the disabled in their construction.
“Barriers created by inaccessible housing and public accommodations deny the fundamental protection afforded by the Fair Housing Act,” said U.S. Attorney Gregory K. Davis of the Southern District of Mississippi. “The retrofits required by this agreement will provide accessible housing to people with disabilities in several key commercial areas of the Southern District of Mississippi."
Podcast: Breaking Down Barriers for People With Disabilities
Chronicle of Philanthropy
When the National Organization on Disability was founded 34 years ago, advocacy for people with disabilities was shifting focus from medical matters to civil rights. Today, the nonprofit is "exclusively about employment," says its president, Carol Glazer. "It’s the single biggest barrier to a good quality of life affecting working-aged Americans with disabilities."
That’s a population of 30 million, only 20 percent of whom are employed, as Ms. Glazer notes in this edition of the Business of Giving. That figure has remained unchanged since World War II, despite legislative milestones like the Rehabilitation Act of 1973 and the Americans With Disabilities Act, enacted in 1990 and updated in 2008. Her organization has increasingly taken on a role as coach and guide to employers, offering data tools, webinars, white papers, and lessons from corporations like Lowe’s and Starbucks that have set the pace in integrating people with disabilities into the work force.