Statement of Interest: School Board of Broward County, Florida
This dispute arises out of defendant School Board of Broward County, Florida’s (“the School Board”) alleged failure to accommodate plaintiffs Monica Alboniga and her six-year old son, A.M.’s, requests relating to A.M.’s use of his service animal at school. The parties raise a host of issues in their respective motions for summary judgment, but the United States Department of Justice (“the Department”) files this Statement of Interest solely to address and correct the School Board’s assertions about the proper construction of 28 C.F.R. § 35.136, the service animal provision of the regulation implementing Title II of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12131 et seq. That provision provides, in part: “Generally, a public entity shall modify its policies, practices, or procedures to permit the use of a service animal by an individual with a disability.” 28 C.F.R. § 35.136(a). In its motion for summary judgment, the School Board contends that (1) the Department exceeded its statutory authority in promulgating the service animal provision, and (2) the provision is inconsistent with, and impermissibly stricter than, the regulatory provision requiring that public entities make reasonable modifications to avoid discrimination on the basis of disability.
Examining Return-To-Work Issues Under The FMLA
JD Supra
Setting aside varying results in litigated cases, it is safe to say that a blanket policy requiring automatic discharge at the expiration of company leave — whether FMLA or otherwise — is suspect. The EEOC continues to look for individualized decision-making with the interactive process between employer and employee as contemplated by the ADA.
Dismissed: suit alleging Church's Chicken restroom wheelchair inaccessible
Southeast Texas Record
An order of dismissal was recently filed in suit claiming the bathroom in a fast food restaurant was wheelchair inaccessible.
Lexology
Twenty-three states and the District of Columbia have enacted laws which decriminalize the use of marijuana for medical purposes. Under those statutory schemes, individuals with qualified medical conditions may become registered cardholders and obtain cannabis for medical purposes, often from state-regulated dispensaries. These developments present an array of new challenges for employers to navigate.