Although flare-up of disease made it hard to walk, officer still qualified under ADA
A county correctional officer whose flare-up of an inflammatory disease made it difficult for him to walk was a qualified individual under the ADA, a federal district court in Maryland determined, finding his symptoms could be and were promptly treated; there were three accommodations that would have provided him with time needed to recover; and some form of leave or light duty was not an undue hardship. Further, a letter offering him the option of transferring, resigning, or facing termination was not an "earnest engagement in the interactive process, but rather a unilateral decision" about the future of his employment, said the court, awarding his estate more than $32,000 in back pay. (Estate of Allen v Baltimore County, Maryland, DMd, December 20, 2017, Blake, C.)
Ex-employee files 'chronic body odor' lawsuit
The Herald
INDIANAPOLIS — Indianapolis is being sued by a former courts official who alleges that she was fired after she installed air fresheners to combat a co-worker’s body odor.
Amber Bridges’ federal lawsuit says she was fired last year for creating a hostile work environment after the malodorous co-worker complained about the air fresheners. According to the complaint, Bridges’ action to “improve the overall quality of air in the office” prompted other staff to install air fresheners in the work area.
The Dec. 21 complaint filed in U.S. District Court for the Southern District of Indiana claims that employees and staff started complaining about the “chronic body odor” in November 2016. As a former lead staff in the magistrate court, Bridges notified her supervisors about the complaints and later installed the air fresheners.
Bridges claims her firing was unlawful according to her association with an individual with a disability under the Americans with Disabilities Act, the Indianapolis Star reported . She alleges the co-worker’s body odor is a protected disability under the ADA.
The Equal Employment Opportunity Commission says on its website that those who have an association with people who have a disability also are protected from workplace discrimination, including a person with a disabled spouse and someone who performs volunteer work for people with AIDS.
The commission claims that the standard exists to protect individuals from actions based on unfounded assumptions that their relationship to an individual with a disability would affect their job performance, according to their website.
The commission has considered body odor a protected disability in some cases.
Kevin Betz, an employment attorney, said it can be common for individuals to file suit against an employer based on an association with a disability. Betz said there are cases where a co-worker, family member or friend of an individual with a disability has received adverse actions in the workplace.
Both Bridges’ attorney and the city’s attorney declined the newspaper’s request for comment.
Utah lawmaker aims to stop "drive-by" ADA lawsuits
KUTV 2News
(KUTV) Multiple Sclerosis has taken Kraig McGee's ability to walk. He says he's glad there is a federal law that requires businesses to make accommodations for people in wheelchairs, like him.
But McGee says he is concerned with what he sees as an abuse of the law. Thousands of businesses around the country, including his family’s in American Fork, are being slapped with lawsuits over arguably small infractions of the American’s with Disabilities Act.
Instead of paying the huge court costs, businesses like McGee’s Stamp and Trophy are told they can pay to make the complaint go away - but only by acting quickly.
HR Best Practices and Practical guidelines for Dealing with Psychiatric Disabilities at Work: Navigating the ADA, Workers’ Compensation & FMLA – Webinar – Healthcare Market Reports
MilTech
Would you like to be able to understand and be confident in responding to requests for accommodations and leave due to Psychiatric Disabilities? Do you understand the integration of federal family medical leave and protection under the ADA accommodations as it relates to Psychiatric accommodations? Learn how to implement the ADA when Family Medical leave is exhausted and the employee still requires leave due to their disability? Do you have challenges when dealing with performance problems, fraud, attendance issue and medical certificates when an employee is protected by FMLA and the ADA? This interactive webinar will assist you in understanding the details of how to manage Psychiatric accommodations and transition from FMLA to ADA. We will review the complexity of conducting an undue hardship analysis PROPERLY for employees with Psychiatric Disabilities, and help to understand how to prepare for and complete a Good Faith Interactive meeting, as well as the strategies for responding to Performance Issues and potential termination due to the employee’s Psychiatric Disabilities.
ICBA Negotiates Settlement with Plaintiff Group on Alleged ADA Liability
Lexology
Numerous community banks that had received demand letters from the advocacy group Access Now alleging that their websites and mobile apps are inaccessible in violation of Title III of the Americans With Disabilities Act (the “ADA”) have now also received letters that those claims have been resolved under a settlement with the Independent Community Bankers of America (ICBA).
The settlement releases ICBA members and non-member banks with assets of $50 billion or less from all ADA claims concerning their electronic banking services, including online banking, mobile banking, ATM services, and telephone banking. The settlement resolves numerous claims that Access Now had made through its counsel, Carlson Lynch Sweet Kilpela and KamberLaw LLC. ICBA announced the details of the settlement in a press release on its website.
The settlement preceded an announcement by the U.S. Department of Justice (“DOJ”) that it is withdrawing all rulemaking concerning website accessibility under the ADA. The DOJ first announced its intent to promulgate such regulations in 2010. Its announcement leaves uncertain the issue of whether, and when, there will be a government standard for website accessibility.
Defining the 'Scope of Employment'
Claims Journal
Utilizing Job Descriptions and Employer Policies to Determine Coverage for Employee Acts
Allow employment lawyers everywhere to let you in on a secret: we love to kill trees. The more documentation, the better, when it comes to defending clients in employment litigation. But even though managers are becoming more resourceful in conducting investigations into misconduct, they often find that the cornerstone of the company’s defense was never put in place – the accurate and reliable job description.
While not legally required, job descriptions that accurately define job qualifications, duties and physical requirements of the job are extremely important for compliance with federal and state labor and employment laws – particularly when an employee files suit under the Americans with Disabilities Act or state disability discrimination laws. Job descriptions also set out employer expectations for performance, which can then be utilized to conduct employee appraisals or evaluations that are useful in outlining non-discriminatory reasons for discipline and/or discharge decisions.
New York City Subways A Hurdle For Disabled Riders
NPR
A round of renovations on New York City subway stations should make the system more wheelchair accessible under the Americans with Disabilities Act. Critics say officials seem to be ignoring the law.
Lawsuit Alleges ADA Violations at Wrigley Field
Peoria Public Radio
A 20-year-old Chicago Cubs fan is suing team owners to force them to provide better wheelchair access at Wrigley Field. The Chicago Tribune reports the lawsuit was filed last month in federal court on behalf of David F. Cerda. His lawyer is his father, David A. Cerda.
The lawsuit says the owners are violating of the Americans with Disabilities Act that it alleges requires greater wheelchair accessibility. It contends a $750 million stadium renovation eliminated wheelchair-accessible sections behind home plate and in right-field bleachers.A Cubs spokesman declined to comment to the Tribune on the pending civil case.
The plaintiff has muscular dystrophy. His father told the Tribune his son has had to watch games from a standing-room-only section that he says has obstructions blocking part of the view.