ADA in the News: February 17, 2015

Quadriplegic Houston teacher helped make US history

Fort Worth Star Telegram

“The crisis is looming,” Frieden said, “but we can fix this. Hey, we did it with the ADA.”

Rules differ regarding second opinions on fitness-for-duty certifications

JD Supra

Employers may require fitness-for-duty certifications in a variety of circumstances, including employees returning from leave under the Family and Medical Leave Act (FMLA) and determining the existence of disabilities or the need for reasonable accommodations under the Americans with Disabilities Act (ADA). The availability of a second opinion on a fitness-for-duty certification depends on which law applies.

Old Dominion Seeks New Trial In Job-Abandonment Suit

Times Record

Old Dominion Freight Lines is asking for a new trial after it was ordered to pay almost $120,000 to a former driver out of its Fort Smith terminal after a jury determined the North Carolina-based company violated the Americans with Disabilities Act when it fired him in 2009.

Starbucks Avoids Class Cert. In ADA Suit Over Counter Height

A California federal judge Thursday refused to certify a putative class of Starbucks Corp. customers claiming the coffee giant violated the Americans With Disabilities Act with counters too high for wheelchair and scooter users, saying the chain fixed the issue at all its California stores.

Eleventh Amendment as a Bar to Federal Lawsuits Against State Employers

Law.com

1.Employment discrimination lawsuits are on a rise.  Typically, individuals bring discrimination lawsuits under the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. §12112 et seq., the Age Discrimination in Employment Act of 1967 (“ADEA”), 29 U.S.C. §623 et seq., or Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. §2000e et. Seq.

Should Celiac Be Called a Disability?

Daily Beast

A lot of restaurants charge more for their gluten-free menus. Now, a lawsuit says that goes against the Americans with Disabilities Act.

School teacher with fear of children loses lawsuit

Times LIVE

A teacher with a phobia of young children has lot an appeal accusing her former district of failing to accommodate her disability according to a report.

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