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Boca man targets Keys resorts with ADA lawsuits
KeysNet
Howard Cohan apparently sues for a living -- and admits it in court documents.
The Boca Raton man has filed countless lawsuits since 2013 alleging violations of the Americans with Disabilities Act at hotels. That law requires access to public accommodations for the disabled.
Lately, he's been targeting Florida Keys hotels, among them the Angelina Guest House on Angela Street, the Key West and the Westin Key West Resort and Marina and Banana Bay in Key West; Caloosa Cove Resort, Casa Morada and the Matecumbe Resort in Islamorada; and the Bayside Inn Key Largo, Holiday Inn Key Largo and Key Largo Bay Marriott Beach Resort in Key Largo.
Such so-called serial ADA litigators are not uncommon.
Former State Worker's ADA Claim Barred By Sovereign Immunity, 10th Cir. affirms
Bloomberg BNA
A former Kansas state employee's retaliation claim under the Americans with Disabilities Act was properly dismissed because the state never waived its 11th Amendment immunity to ADA lawsuits for money damages, the U.S. Court of Appeals for the Tenth Circuit ruled June 16.
Affirming summary judgment for the Kansas Department of Social and Rehabilitation Services, the court rejected Paul Levy's argument that a Rehabilitation Act provision that waives sovereign immunity under that act for state agencies that accept federal funds also applies to claims under the ADA.
Instead, the Tenth Circuit said “the close relationship” between the ADA and the Rehabilitation Act is “not sufficient” to find the latter law's sovereign immunity waiver provisions “apply by implication” to the ADA.
Obesity, Mere Physical Characteristic or Disability Protected Under Law?
JD Supra
It is no secret that the U.S. has a weight problem. We all hear the news about how American waistlines continue to expand, the various theories behind what is causing the trend and endless advice to reverse it. The American Medical Association has even labeled it a disease. Many workplaces have employees who are overweight. But news headlines and miracle diet commercials aside, how many employers have truly considered the impact that obesity may have on their workforce, and whether it is a disability under the law? As an ongoing case in Nebraska shows, this is an area for employers to tread lightly.
JD Supra
Title I of the Americans with Disabilities Act requires employers to provide reasonable accommodations for employees with disabilities in order for them to perform the essential functions of their jobs. Employers and employees often disagree over whether a particular measure effectively accommodates the needs of the disabled worker. According to a new decision from the Second Circuit Court of Appeals, employers may choose a reasonably effective measure even if it is not the one preferred by the employee.
Extra leave isn't always ADA accommodation
Business Management Daily
The FMLA and the ADA are supposed to work together so employees who need some time off for serious health conditions and disabilities don’t lose their jobs.
The FMLA grants employees with a serious health condition up to 12 weeks off per year; the ADA allows additional absences as a reasonable accommodation when a disabling condition flares up.
Fortunately for employers, there are limits—especially for jobs that require regular attendance. That’s especially true when the disabled employer’s production process depends on everyone being in place. Employers must allow those 12 weeks off, but they likely don’t have to accommodate additional absences that disrupt production.
Recent case: LaShaunna, who worked in a factory with tight production schedules, developed migraine headaches. She used up all her FMLA leave, plus vacation and other available leave when she had to leave in the middle of the day.
Then her doctor requested a reasonable accommodation, including immediate “rest for 15-30 minutes” during the workday to “take her medications and allow time for medications to be effective.” If that didn’t work, he recommended allowing her to go home and return later during the shift if she felt better.
The employer nixed the request, reasoning that this was akin to allowing LaShaunna to come and go as she pleased. It then fired her. She sued, alleging disability discrimination.
But the court sided with the employer, noting that it had already accommodated absences under the FMLA. It didn’t need to disrupt production further. (Banks v. Bosch, No. 14-5486, 6th Cir., 2015)
Obesity, mere physical characteristic or disability protected under law?
Lexology
It is no secret that the U.S. has a weight problem. We all hear the news about how American waistlines continue to expand, the various theories behind what is causing the trend and endless advice to reverse it. The American Medical Association has even labeled it a disease. Many workplaces have employees who are overweight. But news headlines and miracle diet commercials aside, how many have employers have truly considered the impact that obesity may have on their workforce, and whether it is a disability under the law? As an ongoing case in Nebraska shows, this is an area for employers to tread lightly.
ADA Accommodation: Be Reasonable, But Also Effective
Corporate Counsel
What does it mean to do something in an effective way? It’s a question many of us ask daily, usually before getting our hands on a caffeinated beverage. But Daniel Schwartz of Shipman & Goodwin recently analyzed it in a different context: what does it mean to provide reasonable accommodation to an employee with a disability?
Schwartz notes this line of Americans with Disabilities Act inquiry is not a new one, but that a recent case has added some “layering to that discussion.” In the case, an employee who worked at IBM and had a hearing impairment asked for captioning of videos on the company intranet. There were more than 46,000 video files in the online library and only 100 of them had captioning. IBM provided him with sign language interpreters, but he found the process cumbersome.
The determination of reasonableness for accommodating employees usually is fact specific, according to the U.S. Court of Appeals for the Second Circuit. But in this case the court said a summary judgment can be granted when the accommodations are “plainly reasonable,” explains Schwartz. He says this is an important standard that wasn’t previously used.
As for what constitutes a “reasonable accommodation,” the court said it must be “effective.” It need not be perfect or what the employee asked for, but must do the job, which the court said the interpreters did in this case. “For employers, showing that you have entered into the interactive process with employees and provided what it believes to be an ‘effective’ reasonable accommodation can still provide a path to success if sued,” says Schwartz.
4th Circuit rejects employment bias case under Title II of the ADA
Public employees cannot get around the administrative requirements of Title I of the Americans with Disabilities Act by suing under a different section of the law, a U.S. appeals court held Monday.
A unanimous three-judge panel of the 4th U.S. Circuit Court of Appeals revived most of the lawsuit that county employee Yasmin Reyazuddin brought in 2011 against Montgomery County, Maryland, after it chose to implement a version of software that was not accessible to the blind for its new 311 call center in 2009.
Wisconsin City Bars Use of Kangaroos as Service Animals
KSTP.com
Officials have changed a southeastern Wisconsin city's rules on service animals after a woman took a baby kangaroo into a McDonald's restaurant.
The Beaver Dam Daily Citizen reports the city's Common Council voted 14-0 Monday night to define a service animal as a dog or miniature horse, but not a kangaroo. Police can cite people who try to use other animals.