ADA in the News: February 11, 2015

Quadriplegic Marine denied service by MTA Mobility

WBAL Baltimore

A fraction of a mile is preventing a quadriplegic Baltimore County man from visiting his parents, who live within sight of an MTA Mobility service area, but officials won't grant him a waiver to travel to their home. Kerry Cavanaugh reports.

People with disabilities tell court: Health care, not police killings

Workers World

A case before the U.S. Supreme Court which seeks police exemption from the Americans with Disabilities Act has critical importance for all those seeking to stop unwarranted police killings. This case involves police shootings of people with mental illness.

Sunbury woman files suit against G-SACH following her termination

News Item

A Sunbury woman has filed a lawsuit against Geisinger Medical Center who, she says, terminated her employment due to a seizure disorder……..

The suit alleges Geisinger violated the federal Americans with Disabilities Act and that Carter suffered lost wages and benefits, medical expenses, delay in medical treatment, pain, suffering and emotional distress.

Families of children with Down syndrome aided with new legislation

WXIX

Families of children with disabilities will now get more resources, thanks to new legislation. House Bill 552 sponsored by former Rep. Peter Stautberg (R-Cincinnati), provides expectant and new parents with up-to-date, accurate, unbiased information about Down syndrome. It helps to dismiss certain stigmas and stereotypes, by mentioning inclusion is the new standard in education and employment and that people are living longer and healthier lives.
House Bill 552 is considered to be the broadest legislation helping people with disabilities since Congress passed the Americans with Disabilities Act in 1990.

DOJ announces lawsuit settlement in service dog case

Theadanews

Federal prosecutors say a lawsuit against a Tulsa hotel owner for allegedly discriminating against a disabled Air Force veteran because he was accompanied by a service dog at check-in has been resolved.

Sharkey v. O'Neal

The Recorder

The court of appeals reversed a judgment of the district court and remanded. The court held that a claim under the Americans with Disabilities Act that a plaintiff's parole officer moved him from his apartment to a motel that did not accommodate his disability was not time-barred under pertinent California law.

Baby Taken Away Because Mom’s “Disabled

Daily Beast

A mother with ‘mild intellectual disability’ had her two-day-old baby taken away and placed in foster care. Now the federal government says the move was illegal and discriminatory.

In a move that could have far-reaching effects for the estimated 4.1 million parents in the United States who have disabilities, the Department of Justice and the Department of Health and Human Services jointly issued a strongly worded rebuke to the Massachusetts Department of Children and Families, accusing them of violating the rights of a parent with mild intellectual disability.  

The federal departments found that the Massachusetts DCF systematically and illegally discriminated against a mother known pseudonymously as Sara Gordon in court papers, whose baby was removed from her care by DCF at two days old. DCF has begun proceedings to terminate Gordon’s parental rights.      

“The departments’ investigation has revealed that DCF has committed extensive, ongoing violations of Title II and Section 504 [of the Americans With Disabilities Act] by discriminating against Sara Gordon on the basis of her disability, and denying her opportunities to benefit from supports and services numerous times over the past two years, including her existing family supports,” the jointly written letter, dated Jan. 29, states. “The departments find that DCF acted based on Ms. Gordon’s disability as well as on DCF’s discriminatory assumptions and stereotypes about her disability, without consideration of implementing appropriate family-based support services.”

Should employers mandate vaccines? Dos and don'ts for your communicable disease practices

HR.BLR.com

Where workers’ personal health decisions are involved, even if those decisions affect the workplace, it is generally best for employers to use the carrot rather than the stick—that is, to encourage and enable employees to obtain standard vaccines rather than to require them.

Reducing Workers' Compensation Costs Through Baseline Testing

WorkersCompensation.com (press release) (blog)

Companies are always seeking innovative ideas to reduce the cost of their workers’ compensation program.  One idea that is driving these efforts is the use of baseline testing of prospective employees.

EEOC FY 2014 statistics are here: what do they mean for employers?

Lexology

The U.S. Equal Employment Opportunity Commission (EEOC) just released its fiscal year (FY) 2014 enforcement and litigation statistical report for the private sector.

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