U.S. Access Board issues long-awaited Section 508 Notice of Proposed Rulemaking
Lexology
On Feb. 18, the U.S. Architectural and Transportation Barriers Compliance Board (also known as the U.S. Access Board), publicly released its Notice of Proposed Rulemaking (NPRM) to update accessibility requirements for information and communication technology (ICT) under both Section 508 of the Rehabilitation Act of 1973 (Section 508), 29 U.S.C. § 794d, and Section 255 of the Communications Act of 1934 (Section 255), 47 U.S.C. § 255. While the NPRM has not yet been published in the Federal Register, it is available on the Board’s website. Public comments will be accepted for 90 days following the date of publication in the Federal Register.
EEOC Sues Sims Recycling and All-Star Personnel for Disability Discrimination
In its complaint, the EEOC charges that Sims Recycling Solutions, Inc. and All-Star Personnel, Inc. violated federal law by refusing to assign an individual temporary work because she has a hearing impairment. The EEOC's suit contends that All-Star assigned the employee to work at a Sims recycling facility in LaVergne, Tenn. According to the complaint, when Sims learned the employee had a hearing impairment, Sims and All-Star told the employee she could not work there.
Denying an individual employment opportunities because of a hearing impairment is a form of disability discrimination and violates the Americans with Disabilities Act (ADA). The EEOC filed suit (Civil Action 3:15-cv-00136) in U.S. District Court for the Middle District of Tennessee, Nashville Division after first attempting to settle the matter out of court through its conciliation process.
Wal-Mart to Pay $150,000 to Settle EEOC Age and Disability Discrimination Suit
Wal-Mart Stores of Texas, L.L.C. (Wal-Mart) has agreed to pay $150,000 and provide other significant relief to settle an age and disability discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced yesterday. The EEOC charged in its suit that Wal-Mart discriminated against the manager of the Keller, Texas Walmart store by subjecting him to harassment, discriminatory treatment, and discharge because of his age. The EEOC also charged that Wal-Mart refused to provide a reasonable accommodation for the man's disability as federal law requires.
Reasonable Accommodation of a Disability Does Not Require Elimination of an Essential Job Function
JD Supra
The federal Americans with Disabilities Act prohibits discrimination in employment against a qualified individual on the basis of disability, and discrimination includes failing to make a reasonable accommodation. The Connecticut Supreme Court has recently ruled that the Connecticut Fair Employment Practices Act also imposes a reasonable accommodation requirement on employers, even though not explicitly stated in the statute. Desrosiers v. Diageo North America, Inc., 314 Conn. 773 (decided December 16, 2014).
Access Denied: Fighting for Equal Access For People With Disabilities
WSPA.com
The 7 On Your Side I-TEAM is looking into accessibility issues for people with disabilities in the Upstate.
When we dug into the number of tickets written by law enforcement to people who wrongfully park in spots for the disabled, we discovered a bigger problem.
Upstate cities aren't always following the federal law that says public buildings have to be accessible to everyone.
Kohler v. Bed Bath & Beyond Of California, LLC
The Recorder
The panel affirmed the district court’s summary judgment on claims under Title III of the Americans with Disabilities Act related to the necessary maneuvering clearance for a restroom door in a store.
The panel affirmed the district court’s conclusion that the ADA does not require wall space within the maneuvering clearance next to the frame of a restroom door that must be
pulled open.
The panel also affirmed the district court’s ruling that, because the door lacked a “latch” within the meaning of standards governing ADA compliance, no maneuvering space
was required next to the frame of a restroom door that must be pushed open.
Student With Seizures Has Right to Service Dog
Courthouse News Service
A special-needs student with a seizure disorder should not be separated from his trained seizure-response dog while attending school, a federal judge ruled.
U.S. District Judge Beth Bloom found last week that the Broward County School Board discriminated against A.M., a six-year-old student with multiple disabilities, by restricting his use of a service animal at school.
Video: 'What Should HR Do?' (Part 3) - Employee allergies and the ADA
HR.BLR.com
In this video, BLR Legal Editor Joan Farrell provides the answer posed in Part 2 of our "What Should HR Do?" series. In each video, you, the viewer, get to select what you believe is the best response to a tricky workplace scenario. At issue here is an employee's allergic reaction in the workplace—and its implications under the ADA.