Consent Decree: Greyhound Lines, Inc. | Complaint
Settlement Agreement: Grady Memorial Hospital
Greyhound settles Justice Department disability charges
Business Insurance
Greyhound Lines Inc. will pay at least $300,000 to disabled passengers to settle U.S. Department of Justice charges that it repeatedly violated the Americans with Disabilities Act.
Fifth Circuit Weighs In On Breadth Of The Rehabilitation Act
Lexology
Recently, a split has continued among the Circuit Courts as to whether Section 504 of the Rehabilitation Act permits employment discrimination suits by independent contractors. On February 1, 2016, the Fifth Circuit joined the Ninth Circuit and held that it does. The decision is a good reminder that the Rehabilitation Act has a broader reach than the Americans with Disabilities Act (“ADA”). The case is Flynn v. Distinctive Home Care, Inc., Case No. 15-50314 (5th Cir. Feb. 1, 2016).
Randstad Will Pay $50,000 to Settle EEOC Disability Discrimination Lawsuit
EEOC said that after April Cox applied with Randstad in Timonium, Md., for a vacant production laborer position at one of the staffing agency's clients, Randstad deemed her qualified to advance to the next part of the hiring process. When Randstad's site manager asked Cox to provide a urine sample for a pre-employment drug test, Cox disclosed that she was in a medically supervised methadone treatment program. The site manager told Cox, "I'm sure we don't hire people on methadone, but I will contact my supervisor," according to the suit. EEOC charged that even though Cox repeatedly called back and informed the site manager that she did not have any medical restrictions from performing the laborer job, Randstad told Cox it would not hire her because she used methadone.
Such alleged conduct violates the Americans with Disabilities Act, which prohibits disability discrimination. EEOC filed suit (EEOC v. Randstad, US, LP, Civil Action No.RDB-15-3354) in U.S. District Court for the District of Maryland, Baltimore Division, after first attempting to reach a pre-litigation settlement through its conciliation process.
"While employers may conduct pre-employment drug tests for illegal drug use, medically prescribed methadone is a well-known and effective treatment for individuals recovering from drug addiction," EEOC Philadelphia District Director Spencer H. Lewis, Jr. said. "Thus, employers violate the ADA if they refuse to hire a qualified applicant based on fears or stereotypes about an applicant's disability or medically supervised drug rehabilitation."
In addition to the $50,000 in monetary relief to Cox, the 18-month consent decree resolving the lawsuit enjoins Randstad from violating the ADA in the future. Randstad will advise all employees responsible for conducting pre-employment drug screenings that applicants shall not be rejected for hire because of a lawful prescribed medication (including methadone) or participation in a treatment program. The company will regularly report to EEOC on its compliance with the consent decree. Randstad will also provide training on the ADA and its protections regarding the use of lawfully prescribed medications and will post a notice about the laws EEOC enforces and the settlement.
Can You Get Fired For Having Postpartum Depression?
Fast Company
Postpartum depression can hit as many as one out of five new mothers up to a year after giving birth. Yet some still get fired.
Three plaintiffs, two firms bringing bulk of certain ADA cases in Arizona
Legal News Line
Since the beginning of 2015, three plaintiffs have brought more than 200 lawsuits against Arizona hotels, retailers and restaurants alleging American with Disabilities Act accessibility violations.
One of the three, Theresa Brooke, has filed 151 of the 237 total ADA lawsuits that aren't related to employment. These suits, brought mainly in Arizona by two law firms, allege the defendants' premises aren't in compliance with ADA standards.
Website accessibility the emerging litigation threat of 2016 for US companies
The Global Legal Post
American companies and government agencies need to ensure that their websites are accessible for all, including people with disabilities, or risk falling victim to a growing wave of class action litigation under the Americans with Disabilities Act.
Hospital's Neutral Hiring Policy Sinks Nurses' ADA Claims
Lexology
In a matter emphasizing the importance of neutral hiring policies, the U.S. Court of Appeals for the Sixth Circuit has affirmed summary judgment in favor of a Kentucky hospital system that refused to hire two nurses who had restrictions on their professional licenses after they participated in a state-approved drug rehabilitation program. The nurses alleged the refusal to hire decisions violated the Americans with Disabilities Act, but the Sixth Circuit held that the evidence showed the hospital had a neutral practice of denying employment to nurses with current or previous restrictions on their licenses, regardless of whether the restriction was due to the applicant’s disability or because of some other reason.
Are You Training Your Teachers on Trauma-Informed Practices?
JD Supra
The Compton Unified School District in California is currently defending itself in a unique federal court lawsuit brought by students who allege that by failing to properly address the symptoms of complex, personal trauma that the students claim they suffer, the school district has violated federal law. P.P. v. Compton Unified School District, — F.Supp.3d —-, 2015 WL 5755964 (2015). The students named in the lawsuit live in an impoverished community where they witness acts of violence on a regular basis. They each have individual histories with significant experiences of personal trauma and loss. The lawsuit claims that the trauma that the students have been exposed to in their lives has had a physiological impact on their brain, causing them to develop an impairment that limits their ability “to learn, read, concentrate, think, communicate and generally receive an education.” The students further allege that the school district’s failure to implement trauma-sensitive practices violates the Americans with Disabilities Act [“ADA”] and Section 504 of the Rehabilitation Act [“Section 504”]. The students assert that as a result of this alleged discrimination (and the school district’s failure to provide “reasonable accommodations”) , they have been denied meaningful access to their education. They seek injunctive relief that includes the implementation of school-wide trauma-sensitive practices, comprehensive training for staff on trauma-informed methods and strategies, implementation of restorative practices and additional staffing for counseling.
Job discrimination in plain print
Al Jazeera America
Go to your favorite job site and search for “25 pounds.” In almost every industry, you’ll find anti-disability clauses — with companies stipulating, for example, that employees be able to lift that weight — littering listings for jobs that require operating a computer, teaching a class, managing a division or running a major organization. As I reported for Al Jazeera America last week, human resources departments routinely stick these clauses into their job postings in ways that are shocking and generally violate the Americans With Disabilities Act. Given that unemployment is one of the most important issues for the disability community, this is a problem.
This Symbol Is Trying to Change Perceptions of Disability
Big Think
Some disability access points across America are getting a make-over. The signs no longer feature a stick figure sitting mechanically still, but a dynamic image of a person in motion. This person is leaning forward—engaged and independent.
Access for disabled: Time for a real look?
The Ridgefield Press
he American with Disabilities Act was enacted 25 years ago, and it’s time Ridgefield made a serious effort to meet its obligations under the federal law, First Selectman Rudy Marconi told the selectmen.