ADA in the News: January 14, 2015

Settlement Agreement: National Museum of Crime and Punishment
1.The parties to this Settlement Agreement are the United States of America and the National Museum of Crime and Punishment, which is located in Washington, D.C.

2.This Settlement Agreement (“Agreement”) resolves an investigation and compliance review conducted by the United States Department of Justice (“Department”) of the National Museum of Crime and Punishment (“NMCP”) under Title III of the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. §§ 12181-12189 (“ADA”).  Based on the Department’s investigation and compliance review, the Department found that the NMCP failed to make all of its exhibits, public programs, and other offerings accessible to individuals with disabilities, and failed to furnish appropriate auxiliary aids and services to ensure effective communication with patrons with disabilities.

3.In order to avoid litigation, the parties agree to the terms of this Agreement.  These terms are intended to redress the violations of the ADA that have been identified by the Department.

New Law Requires Illinois Employers to Reasonably Accommodate Pregnant Employees and Applicants

The National Law Review

Effective January 1, 2015, Illinois employers must reasonably accommodate temporary conditions relating to pregnancy, for employees and applicants alike.  This new requirement applies in much the same way employers must reasonably accommodate employees' and applicants' disabilities under the federal Americans With Disabilities Act (ADA).

Babies “R” Us not compliant with disability law, lawsuit says

Legal News Line

A Broward County, Fla., woman sued a national toy store chain on Jan. 6 over allegations that the business failed to ensure its facilities are compliant with the Americans with Disabilities Act.

Frequent filer targets Corner Taco in suit over access for the disabled

Florida Times-Union

A Jacksonville man who had filed a dozen lawsuits in the past six months alleging that businesses violated the Americans with Disabilities Act has filed a 13th, this one against Corner Taco, a food truck-turned-restaurant in Riverside’s Five Points.

Disabled Sicklerville woman sues Six Flags over El Toro ride refusal

NJ.com

A Sicklerville woman who was born with one arm and one hand has filed a lawsuit against Six Flags claiming she was forced off the El Toro roller coaster last summer because of her disability — despite the fact she's gone on the ride before.

Disabilities lawsuit against NMC dismissed

Marianas Variety

DISTRICT Court for the Northern Mariana Islands designated Judge Frances M. Tydingco-Gatewood issued an order recognizing the dismissal with prejudice of a lawsuit filed against Northern Marianas College and some of its top officials by a former employee for violations of the American Disabilities Act and the Rehabilitation Act of 1973.

Why you should rethink a no-pet policy at the office

NJBIZ

Addressing Employer Responsibilities to Pregnant Workers

New York Law Journal

Last July, the Equal Employment Opportunity Commission (EEOC) issued an Enforcement Guidance regarding the rights of pregnant women1 under the Pregnancy Discrimination Act (PDA). The PDA provides that "women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment related purposes…as other persons not so affected but similar in their ability or inability to work."

EEOC Targets Incentive-Based Wellness Programs as Violating the ADA and GINA

The National Law Review

Employer-sponsored wellness programs have been increasing in popularity and are now a common way for employers to manage rising healthcare costs. Congress first endorsed the use of incentive based wellness programs over eighteen years ago in the Healthcare Insurance Portability and Accountability Act ("HIPAA") and, more recently, through its passage of the Affordable Care Act ("ACA"), which amended relevant provisions of HIPAA to allow for larger incentives in exchange for employees' participation in employer sponsored wellness programs. The Departments of the Treasury, Labor, and Health and Human Services have also published joint regulations and proposed rules regarding these programs. The EEOC, however, has generally remained on the sidelines of the issue - that is, until its recent filing of three actions in what appears to be a targeted effort against the use of incentive-based wellness programs.

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