Yesterday’s Pub & Grille Sued by EEOC For Disability Discrimination
According to EEOC's lawsuit, Aubrey Hawkins applied for a position as a server at Yesterday's Pub around April 22, 2015. Hawkins interviewed with the restaurant's manager and then separately with the owner. EEOC alleges that during the interview, the owner questioned Hawkins about a medical discharge from the military and Hawkins disclosed that he has an immunodeficiency. The complaint alleges that Hawkins was given personnel paperwork and was instructed to return the paperwork and begin work the next day. When Hawkins went to the restaurant the next day, however, he was asked more questions about his immunodeficiency by the owner, and Hawkins responded that he has HIV (human immunodeficiency virus). The complaint alleges that the owner then withdrew Hawkins' job offer citing a concern about Hawkins working around food with HIV. Hawkins attempted to address the owner's concern by providing the company with information showing that it is safe for him to work in the food industry despite his HIV status. However, Yesterday's Pub still refused to hire Hawkins due to his HIV status.
Judge trims Watertown man's suit against Jefferson County over jail stay
WatertownDailyTimes.com
A federal judge has allowed a city man’s claim that he was deprived of medications while incarcerated for a night at the Metro-Jefferson Public Safety Building to continue, but has dismissed claims that he was forced to sleep on a hard bench because he is disabled.
Court Says Rehabilitation Act Section 504 Covers Contractors
Bloomberg BNA
A recent decision holding that independent contractors working for health-care providers who receive federal assistance may bring disability discrimination lawsuits under Section 504 of the Rehabilitation Act “is absolutely something that hospitals have to be concerned about,” an attorney who counsels providers on employment matters told Bloomberg BNA.
Robert R. Niccolini, of Ogletree, Deakins, Nash, Smoak & Stewart PC in Washington, said the ruling deepens a circuit split on the issue. The U.S. Court of Appeals for the Fifth Circuit Feb. 1 joined the Ninth and Tenth circuits in ruling that independent contractors may sue entities that receive federal assistance under Section 504 because the Rehabilitation Act doesn't incorporate the employer-employee relationship requirement found in Title I of the Americans With Disabilities Act.
“While the Americans with Disabilities Act clearly doesn't apply to independent contractors, the fact that there is now a clear split in the circuits with regard to the Rehabilitation Act magnifies the complexity of the analysis to determine whether an accommodation is necessary,” Niccolini said.
Fifth Circuit Holds that Independent Contractors Can Sue Under Section 504 of the Rehabilitation Act
Lexology
The U.S. Court of Appeals for the Fifth Circuit recently held that Section 504 of the Rehabilitation Act of 1973 allows employment discrimination suits by independent contractors. Flynn v. Distinctive Home Care, Inc., No. 15-50314 (5th Cir. Feb. 1, 2016). Adding to a circuit court split on the issue, the Fifth Circuit joins the Ninth and Tenth circuits in finding that the Rehabilitation Act does not incorporate the employer- employee relationship requirement found in Title I of the Americans with Disabilities Act (ADA). While the Flynn opinion may increase the likelihood of Supreme Court review, in the meantime it expands the avenues for independent contractors to bring employment discrimination suits in the Fifth Circuit under the Rehabilitation Act.
Transfer away from alleged harasser may be an ADA reasonable accommodation
Business Management Daily
Usually, judges rule it’s not a reasonable ADA accommodation to not have to work for a particular supervisor. In other words, a disabled worker can’t demand a transfer away from a specific supervisor, even if that supervisor may aggravate the employee’s disability. The context is usually an employee who claims that the supervisor’s abusive behavior triggers anxiety or panic attacks.
But what if the disabled employee wants a transfer because the supervisor is harassing her? According to this recent decision, that may be a reasonable accommodation.
Recent case: Kristen claimed she had been sexually harassed for years by a fellow female nurse practitioner and a doctor. She said the nurse practitioner left sexually suggestive messages and groped Kristen at work. She also may have accessed medical records that revealed Kristin was a virgin. She then allegedly began making comments about virginity and pregnancy as a cure for Kristen’s medical problems. The doctor allegedly joined in the torment, and Kristen took leave for post-traumatic stress disorder.
As a reasonable accommodation, Kristen asked not to be assigned to work with the nurse practitioner and doctor. When the employer refused, Kristen sued, alleging failure to accommodate.
The court said Kristen’s case could go forward because it was entirely possible to assign the parties to different positions within the medical facility. (Haight v. NYU, No. 13-CV-4993, SD NY, 2016)
Final note: Don’t let harassment get to this stage. Kristen had complained for years, but management ignored her pleas.
FMLA and ADA Interplay: When is termination permitted under leave laws?
Compensation.BLR.com
Employee terminations must always be handled carefully, but when the employee you're planning to terminate is protected by or taken leave under the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA), it can make an already tricky situation that much trickier. So, while details of specific situations should be examined individually, hare are some guidelines regarding when termination is permitted under each of these leave laws.
UAB to improve access for the disabled to settle ADA complaint
AL.com
The University of Alabama at Birmingham has reached a settlement to ensure equal access for people with disabilities to the university's facilities.
U.S. Attorney Joyce White Vance said in a news release Wednesday that the agreement was reached after a UAB student filed a complaint under the Americans with Disabilities Act, saying that various building and parking lots were inaccessible to individuals with mobility impairments.
Vance says UAB has agreed to develop a pilot program in which it will conduct architectural reviews of several facilities and submit the reports to the Justice Department to review the plans.
Vance praised the university, saying it had been quick to respond to the complaint and collaborate with authorities, avoiding litigation costs.
New business is special for its employees, facility, training—and purpose
HR.BLR.com
According to disabilityscoop.com, the 150-room Courtyard by Marriott, developed by Arc Innovations—the for profit arm of The Arc of Indiana—was designed not only for the comfort of its guests, but to offer jobs and training to people with disabilities. Marriott was chosen for the project because of its exceptional training program and willingness to participate in the concept.
Up to 20% of employees hired for this “teaching hotel” and its restaurant have developmental, mental, and physical disabilities, and these employees will assume jobs that include management positions. Also, shops are planned in the lobby whose owners have disabilities.
Many Medical Schools Seem Unwelcoming To Students With Disabilities; Accommodations Are Vague
Medical Daily
Students all across the country dream of attending medical school and becoming doctors. Though there are challenges for all of these students to overcome on the road to becoming an MD, students with disabilities face many unique obstacles.
According to a new study, only a third of schools said outright that they would accept a qualified student with a disability, and another had offered only “vague” information about who they would accept. The researchers found that even if schools would consider an application from students with disabilities and offer them assistance as required by the Americans with Disabilities Act, students couldn’t easily deduce that information from the school’s website.
Visually impaired man alleges Foot Locker did not comply with disability requirements
The Pennsylvania Record
A Pennsylvania man is suing Foot Locker, alleging it failed to comply with digital access barrier legislation.
Robert Jahoda filed a lawsuit July 31 in U.S. District Court for the Western District Court of Pennsylvania against Foot Locker Inc., alleging violation of the Americans with Disabilities Act.
According to the complaint, Jahoda is a visually impaired man who relies on a computer, which is re-configured for people suffering with vision problems. Many websites are able to be read by the computer, however, certain barriers exist that put limitations of the computer's capabilities.
The suit states the plaintiff tried to access the website www.footlocker.com multiple times but was denied access for a number of reasons, including lack of alternative text, redundant links and no-script elements.
Jahoda seeks damages for costs of the suit, legal and attorney fees, as well as permanent injunction and declaratory judgment. He is represented by attorneys R. Bruce Carlson, Benamin J. Sweet and Stephanie K. Goldin of Carlson Lynch Sweet & Kilpela LLP in Pittsburgh.
U.S. District Court for the Western District of Pennsylvania Case number 2:15-cv-01000