ADA in the News: July 28, 2014

Inside Higher Ed
Last month, the Iowa Supreme Court ruled that Palmer College of Chiropractic violated the rights of a blind student by denying him the use of a sighted reader to describe X-rays to him. In December, after four years of legal battles, a hearing-impaired student won a court order forcing Creighton University's medical school to provide him with accommodations. Creighton is appealing the decision
The apparent conflict between Hwang and the EEOC’s view that inflexible leave policies are indefensible exacerbates the challenge facing employers in search of the answer to the most vexing ADA question–how much job-protected leave must an employer provide under the ADA?  More than three years have passed since the EEOC held a public hearing on leave as a reasonable accommodation under the ADA and suggested it might issue guidance on the topic. We posted previously that waiting for that guidance is like waiting for Beckett’s Godot, where those waiting come to the realization at the end of each day that he is not coming today, he might come tomorrow.  Employers continue to wait. In the words of Beckett’s Estragon, “such is life.”
Bloomberg BNA
A food store wasn't required to accommodate an intellectually disabled employee it fired for swearing in front of customers even though the worker's parents had unsuccessfully asked that he be given a job coach for a separate workplace problem, the U.S. Court of Appeals for the Seventh Circuit ruled July 17.
Affirming a ruling for Jewel Food Stores Inc., the court found the company had no duty under the Americans with Disabilities Act to accommodate Sean Reeves, who has Down syndrome, before firing him after he cursed at and insulted a cashier while a customer was standing nearby.
The EEOC said that the Erie Strayer  Company unlawfully subjected Thomas Young and a class of other, similarly situated  employees to a policy and practice of unlawful medical inquiries and adverse  employment actions resulting from such inquiries.  These actions included coercion, intimida­tion,  threats, and interference with the exercise and enjoyment of their protected  rights.  The EEOC charged that the  company also retaliated against employees for their refusal to comply with the  company's policy and practice of unlawful medical inquiries.
Santa Fe New
This week marks the anniversary of the passage of landmark legislation enlarging America’s ideal of equality — the Americans with Disabilities Act.
The Star-Ledger

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