Disabled turn to courts for equal access to websites
Sun Sentinel
Business owners who think that building a wheelchair ramp and grab bars in the restroom will ward off South Florida’s accessibility testers and their lawsuits need to fire up their computers, go to their websites and ask: “What’s missing?”
Lawsuits accusing businesses of failing to ensure that their websites are accessible to deaf, blind, or otherwise disabled customers have been on the rise in recent years and show no sign of tapering off, say attorneys who specialize in accessibility litigation.
United States: South Carolina Passes New Workplace Pregnancy Law
Mondaq News Alerts
On May 17, 2018, Governor Henry McMaster signed into law the South Carolina Pregnancy Accommodations Act. The new law amends the South Carolina Human Affairs Law, which already prohibited discrimination by employers against employees because of race, religion, color, sex, age, national origin, or disability. The Act is effective immediately and requires employers to reasonably accommodate.
A deaf trucker had a CDL and a FMCSA exemption. EEOC says Werner should have hired him
FreightWaves
The suit filed by the U.S. Equal Employment Opportunity Commission against Werner Enterprises over the company's alleged failure to hire a deaf man as a driver because of his disability makes an interesting read, beyond the legal issues.
The suit, filed earlier this week against Werner in the U.S. District Court for Nebraska, is obviously one-sided; there is no Werner response as of yet. (Werner did not respond to FreightWaves’ request for comment). But it traces the path of Andrew Deuschle, the driver in question, who--according to the suit--does have a CDL, has worked as a driver at C.R. England, and possesses a disability exemption from the Federal Motor Carrier Administration.
Sixth Circuit Holds Full-Time Presence at Work not Essential Simply Because an Employer Says So
The National Law Review
On July 17, 2018, the U.S. Court of Appeals for the Sixth Circuit reminded employers that determining the essential functions of a position is a highly fact specific endeavor in which categorical rules do not apply.
In Hosttetler v. College of Wooster, Heidi Hostettler worked as a full-time HR Generalist. After giving birth to her child, Hostettler experienced severe postpartum depression and separation anxiety. As a result, Hostetller’s physician determined it was medically necessary that she worked a reduced schedule and recommended that Hostettler return to work on a part-time basis for the “foreseeable future.” After two months of working an accommodated schedule, Hostetller’s employer terminated her employment stating that she was being discharged because she was “unable to return to her assigned position of HR Generalist in a full time capacity.” Hostetller brought suit under the Americans with Disabilities Act (ADA), and the district court granted summary judgment in favor of the employer holding that Hostetller was not a qualified individual with a disability because full-time work was an essential function of Hostetller’s position.
The Sixth Circuit Court of Appeals reversed the lower court’s decision. The Sixth Circuit first dismissed the employer’s argument that Hostetller’s separation anxiety and depression did not constitute a disability. The court went on to further hold that regular, in-person attendance, while an essential function of most jobs, is not unconditionally so. Because Hostettler presented evidence that her department was running smoothly, and she was able to satisfy all her core tasks while working her part-time schedule, the employer’s own categorization of the position as full-time was not enough to preclude Hostettler’s claims.
This case is a great reminder to employers that the realities of the position will control over the words contained in a job description. Even though the employer in Hostettler classified her position as full-time, the court made it clear that merely stating that full-time employment is an essential function will not relieve an employer of its responsibilities under the ADA when the employer is unable to explain why full-time employment is necessary. After Hostetller, employers are reminded to take a look at job descriptions to ensure they reflect the realities of the position.
Manufacturer pays $1M for 180-day, no-fault attendance policy
HR Dive
- Mueller Industries will pay $1 million to settle claims that its 180-day, no-fault attendance policy violated federal law, according to a U.S. Equal Employment Opportunity Commission (EEOC) announcement.
- The commission alleged in a lawsuit that the Memphis-based global metal goods manufacturer violated the Americans with Disabilities Act (ADA) by terminating employees or failing to provide reasonable accommodation for employees who exceeded its maximum 180-day leave policy.
- Under a consent decree, the company agreed to reinstate the affected employees; assign someone to serve as an ADA coordinator; revise its written policies and procedures to include a complaint procedure; create and maintain an accommodation log and post a notice on the matter for employees; train all employees on the ADA; develop a centralized tracking system for accommodation requests; and submit annual reports to the EEOC.
HR pro's request for new supervisor wasn't a reasonable accommodation
HR Dive
- A request for a new supervisor as a disability accommodation is not "reasonable" under the Americans with Disabilities Act (ADA), the 3rd U.S. Circuit Court of Appeals held in (Sessoms v. The Trustees of the University of Pennsylvania dba The University of Pennsylvania Health System, No. 17-2369 (3d Cir., June 20, 2018)).
- Andrea Sessoms, a human resources information systems coordinator, had mental and physical disabilities. She started making mistakes at work that she attributed to her impairments but, she alleged, her supervisor declared her medical issues irrelevant and said she didn't care. Sessoms formally requested disability accommodations, including part-time work, a transfer to a different department and a different supervisor. The employer agreed to the part-time schedule but declined her request for a new supervisor and a new department. Sessoms declined and was fired. She sued and a district court granted summary judgment for the employer.
- One appeal, the 3rd Circuit rejected Sessoms' argument that the employer failed to engage in a good-faith effort to accommodate her disabilities. "Where an employee requests an accommodation in the form of a transfer, she must make a showing that this accommodation is possible, i.e., the existence of an equivalent-level, vacant position for which the employee could qualify," the court said, citing circuit precedent. Furthermore, "[r]easonable accommodation does not entitle an employee to a supervisor ideally suited to her needs," it added.
Beyond the ADA
Center For American Progress
Over the past half-century, the United States has made great strides toward removing barriers to employment, education, economic security, and more for people with disabilities. The Americans with Disabilities Act (ADA), together with the Individuals with Disabilities Education Act and the Supreme Court’s ruling in Olmstead, laid critical groundwork for equal opportunity as well as deinstitutionalization. Medicaid has grown into the nation’s primary provider of home- and community-based services, which enable people with disabilities to live independently and to work. And the Affordable Care Act not only cut the nation’s uninsured rate in half—it also put in place critical protections such as essential health benefits that established mental health parity and prohibitions on lifetime limits as well as discrimination against people with pre-existing conditions.
Starbucks will open its first US store where every employee knows American Sign Language
Mic
On Thursday, Starbucks announced it will open its first Signing Store in America in October, dedicated to hiring and serving the deaf and hard of hearing community.
The store will be located in Washington, D.C., near Gallaudet University — a school for the deaf and hard of hearing — and employ 20 to 25 people proficient in American Sign Language, including those who are deaf and hard of hearing and those who are not.
Design elements were created with people who have hearing loss in mind, including low-glare surfaces, which help to remove visual distractions when communicating through ASL, and open spaces that allow for ASL signs to be conveyed across a room. Baristas will also wear embroidered ASL aprons and deaf employees will have pins that denote their ability to sign. Starbucks has another Signing Store in Kuala Lumpur, Malaysia, which opened in 2016.