An American Airlines customer services employee who had a medical condition which required her to use a "colostomy apparatus" plausibly alleged that the airline violated the ADA by disciplining and ultimately firing her after she was repeatedly late for work due to medically-related delays at TSA security screening. Denying in part the airline's motion to dismiss, a federal court in Arizona allowed her post-ADAAA disability discrimination claim to advance to discovery, but tossed her breach of contract claim based on her collective bargaining agreement since it was preempted by the Railway Labor Act. ( Mitchell v American Airlines, Inc, DAriz, January 8, 2018, Campbell, D.)
Court won't reconsider denial of SJ to employer who arguably fired worker based on FMLA-qualifying absences
An employer who fired a worker after he received three disciplinary notices, two of which may have been issued based on FMLA-qualifying absences, failed to persuade a Kentucky federal court to reconsider its prior decision denying summary judgment on the employee's FMLA interference and retaliation claims. The court rejected the employee's assertion that the employer had access to medical records of his "chronic" back condition through the third-party benefits administrator, but found that triable issues still existed as to whether the employer had notice of his potential need for FMLA leave based on the fact that he called in sick every day, provided other medical records, and was instructed by a manager to return to the doctor to obtain further documentation. ( West v Pella Corp , WDKy, January 9, 2018, Russell, T.)
United States: Court Finds Disability Must be Sole Reason for Firing
Mondaq News Alerts
The United States District Court for the Eastern District of Kentucky recently decided that mere knowledge of an employee's disability is insufficient to establish that the disability was the sole cause of the employee's termination, and therefore discriminatory.
In this case, the University of Kentucky (the "University") terminated Adam Bogart ("Bogart") from his position as a Senior Laboratory Technician in Dr. Ai-Ling Lin's ("Dr. Lin") laboratory. Bogart sued under the Americans with Disabilities Act ("ADA") and Kentucky's Civil Rights Act ("KCRA"), which mirrors federal law. Bogart claimed that the University fired him because he suffered from Tourette Syndrome and dystonia. The University claimed that they terminated him because he mislabeled and swapped numbers in the research data, slept and chatted socially at work, and worked more than forty hours despite warnings not to do so.
The Court dismissed Bogart's federal discrimination claim, holding that the 11th Amendment bars suits for money damages under Title I of the ADA. The 11th Amendment prohibits private litigants from suing entities of the state, including state universities, in federal court.
The Court also granted summary judgment in favor of the University on Bogart's KCRA claim. The Court found that Bogart failed to show that his disability was the sole reason for his termination. Although Bogart believed that his actions were not serious enough to justify firing him, the Court decided that it was sufficient that Dr. Lin considered his actions unacceptable and that he failed to improve his performance after receiving several warnings.
City of Denver to Pay $3 Million for Federal Settlement Related to Project Civil Access
USA Herald
The City of Denver is paying to make big changes to certain buildings and to evaluate certain programs as services to ensure that they are compliant with the Americans with Disabilities Act. Project Civic Access was initiated by the U.S. Department of Justice to ensure that cities and towns are following the federal act.
While the City of Denver will begin the process by paying $3 million, experts believe that the total cost could be as high as $67 million according to a bond initiative passed in July of 2017. In fact, during 2017, the City of Denver raised $10 million to improve public facilities.
Disabled man accuses Sacramento property owners of violating ADA
Northern California Record
A disabled man who requires use of a wheelchair and a specially equipped van is suing Sacramento property owners, alleging violation of the Americans With Disabilities Act (ADA).
Scott Johnson filed a complaint Jan. 10 in U.S. District Court for the Eastern District of California against Sally R. Davis, Martin M. Chorich and Guiseppe Enterprises Inc., alleging they failed to provide full and safe equal access to its facilities.
According to the complaint, Johnson has suffered difficulty in patronizing the defendants' Giovanni's Pizzeria at 6200 Folsom Blvd., Sacramento. The suit says the establishment lacks ADA-compliant and accessible handicap parking spaces for persons with disabilities that complied with the Americans with Disability Act accessibility guidelines (ADAAG) during Johnson's visits in 2016 and 2017.
The plaintiff alleges the defendants have failed to make modifications in policies to allow individuals with disabilities to have access to the goods and services offered, and failed to remove architectural barriers where such removal is readily achievable.
Johnson seeks trial by jury, actual damages and a statutory minimum of $4,000, injunctive relief, attorney fees, litigation expenses and costs of suit. He is represented by attorney Isabel Masanque of Disability Access in San Diego.
U.S. District Court for the Eastern District of California case number 18-cv-49
ADA Update: Overview of Americans With Disabilities Act and Practical Implications for Employers – Webinar – Business and Finance, Employment Law, Legal Industries
MilTech
The ADA Update: Overview of Americans With Disabilities Act and Practical Implications for Employers – Webinar Report has been published. It provides updated in 2018 year analysis of industries from Business and Finance, Employment Law, Legal Markets.
Lawsuit against state of Utah alleges violation of American Disabilities Act
KUTV 2News
The Disability Law Center (DLC) announced a lawsuit against the state of Utah Monday morning alleging violations of the American Disabilities Act.
According to the DLC, "people with intellectual and developmental disabilities have two options when they apply for services: receiving them in an intermediate care facility or in their homes and communities."
Utah offers immediate placement in Intermediate Care Facilities, but applicants are end up waiting for years on a list for home- and community-based services, according to the DLC.