ADA in the News: June 26, 2015

Statement of Interest:

When 'Reasonable Accommodation' Isn't

American Thinker

According to FBI statistics, 76 police officers were killed and 49,851 were the victims of line-of-duty assaults in 2013.  In addition to the danger that comes with the job, the Americans with Disabilities Act (“ADA”) adds another layer of challenges for law enforcement agencies.  Under the ADA, police departments and officers are legally liable if they violate the law’s mandate to provide reasonable accommodation to disabled persons who are detained or taken into custody.  This term the Supreme Court took up the matter of City and County of San Francisco v Sheehan, which raised the question whether Title II of the ADA requires law enforcement officers to provide reasonable accommodation to armed and violent mentally ill individuals.  The court sidestepped ruling on the issue and in doing so, missed an opportunity to help law enforcement agencies and personnel avoid the legal minefield created by the ADA.

Does Your Website or Mobile App Discriminate?

JD Supra

re you confident that your business complies with federal anti-discrimination laws?  If you offer goods or services to the public through the Internet, the answer may not be as simple as you think.  Increasingly, lawsuits are targeting retailers and other service providers that have an online presence, claiming that if their websites and/or mobile apps cannot be used equally by consumers who are blind, deaf, physically impaired or otherwise disabled, they violate the Americans with Disabilities Act of 1990 (the “ADA”). This area of law is still evolving, but taking some measures now may reduce the risk that your business will be the target of a discrimination lawsuit.

Police Use of Force to Restrain the Mentally Ill

New York Law Journal

Martin A. Schwartz uses case law to discuss how claims of excessive police force arise from the use of force against individuals suffering from mental illnesses and also under circumstances when an individual is being arrested for a criminal offense.

Supreme Court gives cops license to attack

Workers World

On May 18, the U.S. Supreme Court awarded immunity from liability to two San Francisco police officers who, in 2008, had entered the room of Teresa Sheehan, a mentally ill woman in a group home, and shot her five times.

In the 6-2 decision, the court granted the two officers qualified immunity from claims that they violated the Fourth Amendment when they entered the room.

It declined to rule on whether the officers failed to provide reasonable accommodations for Sheehan’s disability under the Americans with Disabilities Act.

Overweight & Unprotected From Workplace Discrimination

Refinery29

What's a boss to do when John becomes Jane?

STLtoday.com

What’s an employer to do if an employee named John decides to become a Jane, or vice versa?

GUEST VIEW: Is NFTA violating ADA requirements with bus cuts?

Niagara Gazette

Imagine if the only way you can get to a doctor’s appointment, work, or to visit a loved one were public transportation offered by the Niagara Frontier Transportation Authority (NFTA). Now imagine if your Metro bus route was suddenly cut. That’s the bleak reality for many Metro riders and eventually for disabled riders who use the paratransit system.

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