Settlement Agreement:
ADA attorney handed first loss in court
KMSP-TV
The case involved a front and back porch that Hansmeier and a group he represents, The Disability Support Alliance, claims is an impediment to access. Under ADA a business must make changes that would allow the disabled access if those changes are “readily achievable.” The law does not specifically define “readily achievable.” Heartwood Enterprises a ramp would cost $100,000, and said they had arranged meetings off-site with clients with disabilities.
As the FOX 9 Investigators revealed last October, many of the businesses sued by Hansmeier believe they are victims of “legal extortion.” That Hansmeier sues businesses before they have time to make changes and pressures them into a quickly settlement to avoid costly litigation.
Quinnipiac Chronicle
The university has experienced a noticeable increase in students requesting accommodations for their disabilities over the last few years, according to Associate Vice President of Retention and Academic Success Andrew Delohery.
Quinnipiac complies with the Americans with Disabilities Act (ADA), which has been in place since Jan. 1, 1990. The purpose of the ADA is to provide equal opportunities for people with disabilities and to lessen discrimination based on those disabilities, according to the ADA website.
There were approximately 375 students who reached out for accommodations in 2012, according to Delohery. But by this semester that number has risen to almost 1,000 students.
Delohery believes the amendment of the ADA in 2008 to support a wider range of students with disabilities has led to this drastic increase.
Handling Applicant Criminal Records to Avoid Disability Claims
JD Supra
With the 2016 hiring season well under way, California employers are well advised to reconsider their use of criminal records in making hiring decisions. Although employers are probably aware of “ban the box” and other legislative initiatives, they may not be as familiar with the liability exposure they may create by when using blanket policies to reject applicants because of their criminal histories. On February 19, 2016, the California Department of Fair Employment and Housing (“DFEH”) announced proposed regulations governing the consideration of criminal history in employment decisions, which will enumerate limitations to the use of criminal history.
Pyramid fined $160K, agrees to resolve accessibility issues at its malls including Destiny
The Central New York Business Journal
Syracuse–based Pyramid Management Group, LLC has agreed to make sure people with disabilities have “equal access” to the indoor and outdoor commons areas at its 12 malls in New York state.
The agreement applies to Pyramid properties that include Destiny USA in Syracuse; Sangertown Square in New Hartford; and Salmon Run Mall in Watertown, according to a news release the office of New York State Attorney General Eric Schneiderman issued Thursday.
Schneiderman’s investigation of Pyramid was part of an ongoing initiative to ensure accessibility at shopping malls and shopping centers across New York, his office said in the release.
Besides the agreement, Pyramid is also paying a fine of $160,000 to resolve the investigation, Schneiderman’s office said.
BJNN sought reaction from Pyramid Management Group, but the company didn’t immediately respond to our request for comment.
Strategies for Defending ADA Accessibility “Tester” Lawsuits
Hospitality Net
In the last 15 months, over 200 complaints alleging ADA accessibility violations have been filed by three individual plaintiffs against Arizona retailers, restaurants, and hospitality entities. These "tester" cases assert nearly identical allegations related to improper construction of restroom facilities and check-out counters, and, in the case of hotels, failure to provide a pool lift. Two of the plaintiffs claim to reside in Arizona and one resides out of state, but all threen seek the same remedies: injunctive relief to retrofit the property and attorneys' fees and costs.
Atlantic Cape allocates $500000 for ADA settlement
Press of Atlantic City
Atlantic Cape Community College will spend up to $500,000 to meet the terms of a legal agreement with two students and the National Federation of the Blind to improve access for students with visual impairments.
Must workplace have handicap-accessible restroom?
azcentral.com
Question: My employer claims that our restrooms do not have to have any handicap stalls, even though I have co-workers who need that kind of accommodation. We have an older facility, but the front office has been remodeled.
Why Hire Disabled Workers? 4 Powerful (and Inclusive) Companies Answer
Huffington Post
The disability community, from grassroots advocates to powerful cross-disability organizations, devotes a lot of time and energy to proving the value of hiring disabled workers. This is a common theme for our community, and extremely necessary, as there are a number of workforce-related challenges that workers with disabilities face. The unemployment rate for workers with disabilities is twice that of workers without disabilities. It is still legal for workers with disabilities to be paid well below the minimum wage based on a law that dates back to 1936, when the talents and potential of workers with disabilities were even more horribly misunderstood. And of course, while the Americans with Disabilities Act provides vital protections to the disabled workforce, it can't solve every issue in the disabled workforce, such as the systemic problem of fewer opportunities for advancement for workers with disabilities.
Another Win for Wellness: The Erosion of Voluntary Participation
JD Supra
Consider the following wellness program scenario: A company implements a program that incentivizes employees to take a health risk assessment and undergo biometric screening. The assessment asks questions about the individual’s medical history, diet, mental and social health, and job satisfaction. The screening measures the individual’s height, weight, and blood pressure, and involves a blood test. To encourage employees to participate in the program, the company offers employees a $600 credit toward their premiums. Does this sound familiar?
Galleria's owner agrees to improve accessibility
wivb.com
The largest owner and developer of shopping malls in the Northeast has agreed to improve accessibility for persons with disabilities at its 12 malls in Upstate New York, including the Walden Galleria in Cheektowaga, and the largest mall in the state, Destiny USA, in Syracuse.