Employer's knowledge of opiate Rx not basis for ADA claims – 8th Circ
Reuters
A supervisor’s knowledge that a worker was taking prescription hydrocodone is insufficient to establish that the employer considered the worker to be disabled, a federal appeals court held on Monday.
The 8th U.S. Circuit Court of Appeals affirmed a lower court’s judgment for the Housing Authority of the City of Magnolia, Arkansas, in a lawsuit that former maintenance supervisor Paul Voss filed against it and his supervisor under the Americans with Disabilities Act.
Work at Home Gets Skeptical Eye From Courts as Disability Issue
Bloomberg Law
A nearly fatal bout with flesh-eating bacteria knocked Gary Brunckhorst out of his job with the city of Oak Park Heights, Minnesota, for almost a year and left him him with painful leg and foot injuries that limit his mobility.
When he was cleared to return to work, Brunckhorst asked the city to let him ease his way back. He requested a part-time schedule during his first four months back and wanted to work from home during that entire time. But Oak Park Heights said no. After Brunckhorst balked, the city eventually fired him.
A federal appeals court in St. Louis earlier this month blessed the city’s decision to deny the telework request. Brunckhorst showed that working from home would have been easier, but an employee’s preference isn’t a required accommodation under federal and state disability law, the U.S. Court of Appeals for the Eighth Circuit ruled.
Technology has made working remotely easier. It helps employers keep talent in a competitive labor market. At least 70 percent of employers offer work at home options, and some even require it. But as the Eighth Circuit decision showed, courts continue to be reluctant at best to make it a legal right.
Employers won 70 percent of the rulings over the past two years on whether they could reject workers’ bids for telework as an accommodation for a disability, according to a Bloomberg Law analysis of cases. The analysis examined 30 decisions on the merits of remote work. The Americans with Disabilities Act, which outlaws employer bias based on disabilities, and the Rehabilitation Act, which imposes similar prohibitions on federal agencies and contractors, require employers to provide reasonable accommodations to disabled workers.
As Walmart Phases Out Greeter Job, Employees With Disabilities Face Biggest Impact
Retail TouchPoints
Walmart’s decision to change the qualifications for its front-door greeter jobs is coming at a controversial cost, with greeters at nearly 1,000 stores anticipated to lose their jobs by the end of April 2019. Critics of the change contend that it appears to disproportionately affect workers with disabilities.
Appeals Court: Blind man arrested outside Michigan Capitol can sue police
Detroit Free Press
A blind man arrested at an event on the Capitol lawn celebrating the anniversary of the Americans with Disabilities Act can continue his lawsuit against the Michigan State Police because his free speech rights may have been violated, a federal appeals court ruled Tuesday.
4 Myths about the ADA that Could Cost You a Lot of Money
Kiplinger's Personal Finance
You probably didn't open your business or become a landlord because you love rules and regulations, so you might not grasp the intricacies of the Americans with Disabilities Act. Here are four ADA myths you can't afford to believe.
How to avoid an ADA website compliance lawsuit
TechGenYZ
As the roster of a business website that has been snared by ADA lawsuits targeting non-compliance content, companies are learning there is an urgent need to upgrade their websites into compliance. The Trump administration’s unfortunate decision to stop drafting ADA rules for website compliance leaves the marketplace vulnerable to a wave of legal actions. Some websites have already experienced ADA lawsuits thrust against them now have ugly disclaimers front and center on their homepage pushing down valuable information about their actual business far down below the fold.
As such, what is needed to be in compliance to avoid potential lawsuits and forced content changes to your website that would obscure your business’ purpose?
Judge: Michigan prisons violating Americans with Disabilities Act
Detroit Free Press
A federal judge in Detroit recently determined that the Michigan Department of Corrections for years violated the Americans with Disabilities Act (ADA) with respect to about 200 prisoners statewide who are deaf or hard of hearing, and it could be placed under the watch of an independent monitor.
The other type of employee wellness — positive morale
Maryland Daily Record
The wellness rules have left some employers in a quandary because the current law neither expressly prohibits nor permits workplace incentives. For those companies and organizations with workplace wellness programs that give incentives to employees, there are still a few existing regulations of which to be mindful. For one, wellness programs must be voluntary. They cannot coerce, intimidate or threaten employees who don’t participate. Also, employers cannot deny coverage under any group health plans or benefits packages within a group health plan for those who choose not to participate in an additional wellness program. Employers must provide notice to employees describing the medical information gathered and how it will be used.
You and the Law: What you don't know about the ADA can cost you
Eureka Times Standard
“I inherited a commercial rental property recently that was built in the 1940s. I understand that the Americans with Disability Act requires accessibility, but all the doorways to these shops are too narrow to allow someone in a wheelchair to enter.
“Is it true that because it was built years before the ADA became law, I am ‘grandfathered in,’ and do not have to meet current accessibility requirements? A contractor told me that to meet ADA requirements, I would have to tear down and rebuild as there is no other way. So, am I safe in doing nothing?”