Technical Assistance Document: Frequently Asked Questions about Service Animals and the ADA | PDF
With the 25th anniversary of the Americans with Disabilities Act (“ADA”) just two weeks away, the U.S. Department of Justice (“DOJ”) has released a new technical assistance document addressing frequently asked questions regarding service animals and the ADA. This additional guidance is intended to be read in conjunction with the DOJ’s previous July 2011 technical assistance on Revised ADA Requirements: Service Animals, which remains in full effect.
The DOJ has stated that this additional guidance is meant to further assist people with disabilities as well as places of public accommodation covered by the ADA – such as retail shops, restaurants, hotels, medical facilities, theaters and event spaces, and other places open to the public – in understanding how the ADA’s service animal provisions apply to them. Among other topics, the additional guidance addresses in detail:
- the definition of a service animal, including the distinction between psychiatric service animals (which are covered under the ADA) and emotional support animals (which are not covered under the ADA, though certain state and/or local laws may provide broader protections);
- requirements for service animal training , while making clear that the ADA does not require any specific certification, documentation, or identification for a service animal to qualify for protection under the law;
- behavioral issues and the (very limited) circumstances in which service animals may be excluded; and
- issues particular to service animal access in certain types of facilities, including food service and preparation areas, hotels, and hospitals.
Public accommodations and facilities covered by the ADA (including, but not limited to, those noted above) are well-advised to review the new guidance, which provides practical insight into these and other thorny issues that frequently arise with regard to service animal access.
Rehabilitation Facility Agrees to Pay $55,000 to Settle EEOC Discrimination Suit
Alden Estates of Naperville, Inc. will pay $55,000 to settle a disability discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC). EEOC's suit had alleged that Alden fired its admissions director while she was out on a medical leave of absence, one week before she was able to return to work. Alden Estates of Naperville, Inc. provides transitional care and rehabilitation services to patients in the western suburbs of Chicago.
Disability discrimination violates the Americans with Disabilities Act (ADA). EEOC filed suit on July 22, 2014 in U.S. District Court for the Northern District of Illinois, Eastern Division after first attempting to reach a pre-litigation settlement through its conciliation process. (EEOC v. Alden Estates of Naperville, N.D. Ill. No. 14 cv 5588).
Aurora Health Care Will Pay $80,000 to Settle EEOC Disability Discrimination Suit
Aurora Health Care, Inc., a large hospital and health care organization, will pay $80,000 and furnish other relief to settle a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.
The EEOC's lawsuit charged that in 2009, Aurora withdrew a job offer it had made to Kelly Beckwith for a position as hospice care coordinator upon learning during her pre-employment medical examination that she has multiple sclerosis (MS). MS is a serious disease which affects the body's neurological system. Beckwith had been diagnosed with MS some years earlier, but had not yet developed major symptoms. At the time she applied, Beckwith was working as a nurse and was fully qualified to perform the essential functions of the job.
Disabled man seeks court action for shopping center accessibility
The Louisiana Record
A Lafourche Parish man is suing two property owner-management firms, alleging unlawful disregard of the Americans with Disabilities Act (ADA).
Andrew Schlesinger filed a lawsuit June 26 in U.S. District Court Eastern District of Louisiana against Lynn Investments of Plattenville, and doing business in Terrebonne Parish, and Mystic of Houma, alleging the layout of their shopping center, which the plaintiff last attempted to navigate in May, violates the ADA.
According to the complaint, Schlesinger suffers from spina bifida, requiring a wheelchair for mobility, and cannot walk, stand or use his legs without help. The filing states Schlesinger encountered difficulties accessing the property at 1222 St. Charles St., Houma, due to architectural barriers, which he believes violate the law because they prevent physically impaired individuals from accessing certain areas of the shopping center.
The suit details five instances of inaccessible locations or barriers, such as ramp inclines, parking spaces and blocked shopping aisles. The plaintiff’s most recently documented visit to the property was May 28.
Schlesinger requests declaratory and injunctive relief to have the property altered to accommodate individuals with disabilities, plus pre- and post-judgment interest, attorney and expert witness fees, expenses and court costs. He is represented by attorneys Andrew Bizer and Garret DeReus of The Bizer Law Firm in New Orleans.
U.S. District Court of the Eastern District of Louisiana case number 2:15-cv-02331-LMA-SS.
Uber Has a New Option for the Elderly and Disabled
WebProNews
Uber is testing a new ride option that caters to the elderly and the disabled.
It’s called UberASSIST, and it’s launching in Los Angeles.
“At Uber, we strive to create transportation options that fit everyone’s needs. Today we are announcing a new option that will allow riders needing an extra hand to request safe and reliable rides at the tap of a button — uberASSIST,” says the company in a blog post. “uberASSIST is designed to provide additional assistance to members of the senior and disability communities. Driver-partners are specifically trained by Open Doors Organization to assist riders into vehicles and can accommodate folding wheelchairs, walkers, and scooters.”
Study Shows Infertile Cancer Survivors Face Unique Hurdles When Opting for Adoption
Tech Times
New research has discovered that cancer survivors, who desire to adopt children and start their family after battling their disease, may face unique hurdles more than anyone when opting to undergo the process of adoption.
A tedious and expensive process, adoption requires more than money and the desire to adopt, legal documents, government requirements and a series of necessary steps for anyone to be successful.
For cancer survivors, who have undergone several treatments that cause them to be infertile, adoption is most commonly their only option to start or grow their families. However, it looks as if the already difficult process is made more challenging for them.
People with disabilities say 'Our struggle is not over'
Workers World
“We are proud of who we are” and “Our struggle is not over” were the main themes here on July 12 as some 5,000 to 7,000 people with disabilities, their advocacy organizations, families and allies took to the streets in a lively march celebrating disability pride.
The event was called by Disability Pride NYC, a nonprofit group working with the Mayor’s Office for People with Disabilities, to celebrate the 25th anniversary of the Americans with Disabilities Act. The ADA is the most comprehensive piece of legislation to date to protect the civil rights of people with disabilities. Similar activities have been called in Chicago, Boston and Philadelphia, according to media reports.
As important as the ADA has been, signs and banners pointed out that people with disabilities are still stigmatized and discriminated against.
Do You Have to Sue to Get the City of L.A. to Design With Pedestrians in Mind
L.A. Weekly
Just a few months after agreeing to spend $1.3 billion in sidewalk repairs to settle a lawsuit under the Americans With Disabilities Act, Los Angeles City Hall is facing new legal charges from pedestrian groups.
Why disability rights is everyone's business
Fortune
Twenty-five years after the passage of the Americans with Disabilities Act, labor force participation is actually lower and significant transportation obstacles remain. Here’s why everyone should care.
If Uber Doesn't Want to Accommodate Blind Riders, Gett Will | WIRED
Wired
Blind passengers are just one of the many groups with whom Uber has tangled recently. And one rival of the ride-hailing giant is positioning itself to take advantage of that tension.
Gett, which bills itself as “NYC’s Black Car App,” has updated its app to make hailing one of its cars much easier for blind and visually impaired passengers. The update, available on iOS and Android, lets visually impaired passengers use the baked-in voice guided features on smartphone operating systems to access its functions for hailing a ride. Users can also schedule a ride in advance.
Gett also says its drivers know to allow guide dogs in their cars. The company collaborated with 17-year-old Adi Kushner—a developer who’s also helped companies such as Apple and Google integrate accessibility features into their products—as well as the Center for the Blind in Israel to come up with the new features for the app.
“When we talk about tech, we usually talk about why it’s so great and brings efficiency—how it saves time and money,” Gett CEO Shahar Waiser tells WIRED. “But there are people who actually depend on tech to get help, and these new features are really built for them.”
Mobility Ventures Updates 2016 MV-1 With New Accessibility
Truck Trend Network
The unique Mobility Ventures MV-1 is being updated for the 2016 model year, with a new powertrain and added accessibility features making life more convenient for owners. The 2016 MV-1, which was released at a ceremony celebrating the 25th Anniversary of the Americans with Disabilities Act (ADA), replaces its dated Ford Modular 4.6L V-8 and four-speed automatic transmission with a Ford 3.7L V-6 and six-speed auto.