Project Civic Access Agreement: Pennington County, South Dakota
Lexology
A Minnesota resident lost his bid to show that state laws and rules under which he lost driving privileges due to several driving-while-impaired (DWI) offenses gave rise to violations of the Americans With Disabilities Act (ADA). The federal court of appeals in St. Louis affirmed a lower court’s dismissal of his complaint for failing to allege he is a qualified individual under the ADA. Scheffler v. Dohman, Commissioner of Public Safety, __ Fed. App’x __ (8th Cir., No. 13-3785, May 12, 2015).
Allergic at work is not allergic to work
Lexology
Food allergies are widespread. Anyone who has a child, works at or with a school, or reads extensively knows that the increasing prevalence of food allergies among children is one of today’s biggest medical mysteries, not to mention a huge problem. The number of children with nut allergies has more than quadrupled since 1997, which has created a pressing need for schools to alter policies and menus. Airlines and other customer-centered businesses now also face pressure to change their policies for the safety of nut-allergic customers.
As the population with food allergies ages, the impact will spread to employers in the form of increasing numbers of requests for food allergy accommodations under the Americans with Disabilities Act (the “ADA”), which defines a disability as a “physical or mental impairment that substantially limits one or more major life activities.” 42 U.S.C. § 1202(1). This does not exclude food allergies: “major life activities” include “eating” and “breathing.” Id. And, under the ADA, employers are required to provide “reasonable accommodations” to an employee or job applicant with disability, including making a change to the job environment. 29 C.F.R. § 1609.
EEOC, Court Flip Flops Reveal Challenges to Employers Facing Accommodation Requests
JD Supra
If even the U.S. Equal Employment Opportunity Commission (EEOC) and the courts cannot agree how far the Americans with Disabilities Act’s (ADA) accommodation obligation extends, how is an employer supposed to do so? As we noted recently, the Sixth Circuit Court of Appeals (covering Kentucky Michigan, Ohio, and Tennessee) has determined that the obligation does not require employers to allow employees in “interactive” jobs to work from home “up to four days a week.” As we mentioned earlier, the Sixth Circuit decision is good news for employers, but we also cautioned against reading the decision to mean working from home would never be a reasonable accommodation. Furthermore, the flip-flopping that happened in that case (first the trial court threw the case out; then a panel of the Sixth Circuit reinstated; then the full Sixth Circuit said the earlier appellate panel was wrong and tossed the case out again) emphasized how difficult reasonable accommodation questions can be.
Lawsuit accuses Build-A-Bear of discriminating against blind people
St. Louis Business Journal
Customers have hit Build-A-Bear Inc. with a lawsuit over the company’s point-of-sale (POS) devices that they say discriminate against the blind.
Los Angeles County resident Kenneth Smith, who is legally blind, last month filed the suit, which seeks class-action status, in U.S. District Court in California on behalf of other Build-A-Bear customers. It alleges that card-swipe machines at many of Build-A-Bear’s stores violate the Americans With Disabilities Act and California state law by not being fully accessible and independently usable by people with blindness or visual impairment who must read tactilely.
FCC expands disability access requirements to tablets, laptops and smartphones
Lexology
Consistent with its recent actions expanding the Federal Communications Commission's ("FCC") oversight of the Internet and of privacy, the FCC has further extended its reach in another area—disability access. Expanding on its requirements that television broadcasters provide disability access to emergency programming, the FCC has adopted new requirements that video device manufacturers (TVs, set-top boxes, tablets, laptops and smartphones) and multi-channel video programmers provide the blind and visually impaired with simple access to emergency information. All companies that participate in the video or telecommunications space should watch for FCC action in this area as FCC Chairman Wheeler feels strongly that his agency has a mission to make information accessible.
Texas producer, contractor employment cases test disability claims
Concrete Produts
Alleging discrimination against employees protected by the Americans with Disabilities Act (ADA), the EEOC has filed suit against Wichita, Texas-based ready mixed producer OK Concrete and settled a case with Baker Concrete Construction, Houston.
The agency contends OK Concrete broke federal law by terminating a mixer truck driver candidate who, after completing training in March 2012, informed the producer of time off needs once his health insurance coverage became effective—owing to planned treatment for prostate cancer detected two months prior. EEOC charges that a decision to fire the driver was based on disability discrimination, violating the ADA. Following a pre-litigation settlement attempt, the agency has filed suit in the U.S. District Court for the Northern District of Texas, seeking back pay, compensatory and punitive damages, plus injunctive relief.
Bill aims to help small business owners avoid ADA lawsuits
KCRA Sacramento
ADA lawsuit blames Home Depot after man'swheelchair turned over in parking lot
The Louisiana Record
Anthony Vernace III filed suit against Home Depot U.S.A. Inc. in the 24th Judicial District Court on April 14.
Vernace claims he was in the parking lot of the Home Depot located at 2625 Veterans Blvd. in Kenner when a wheel on his wheelchair was caught in a crack and he toppled over. The plaintiff alleges that he was severely injured in the incident.
Vernace contends failing to remove architectural barriers, failing to provide a route in compliance with Americans With Disabilities Act standards, failing to provide access suitable to a person in a wheelchair and creating an unreasonable risk of harm.
The defendant is accused of violating the Americans With Disabilities Act, pain and suffering, disability, loss of wages, loss of earning capacity, medical expenses and travel expenses.
SYS-CON Media
Law Cash Advance Company says that the city of Los Angeles settled a class action lawsuit in April over broken sidewalks; suit was filed on behalf of a quarter-million disabled residents in the city, claiming the broken sidewalks prevented them from moving.
Qualcomm Stadium Still Isn't ADA Compliant – and It's Costing Millions
Voice of San Diego
In 2001, the city of San Diego settled a lawsuit with disability rights activists by promising to make Qualcomm Stadium fully accessible to everyone by the following year.
But, despite multiple federal court orders and at least $5 million in repairs, the stadium still isn’t fixed. Every year that passes means more money the city has to pay out to make up for the stadium’s inaccessibility.
“Why is a 'vocational counselor' calling me?”
BenefitsPro
An employer’s willingness to return a disabled employee to work with an accommodation is often dependent on a variety of factors, including the type of accommodation that is needed and whether or not such an accommodation would impose an undue hardship on the business.
A vocational rehabilitation counselor is experienced at helping identify appropriate accommodations that have minimal impact on the operation of a business. Often, vocational counselors are able to return disabled employees to work with relatively minor accommodations. Working with a vocational counselor is win-win. You retain your talent and help maintain regulatory compliance while also demonstrating a commitment to returning employees to wellness.
Columbia County official honored for aiding disabled
Columbia County News Times
Columbia County’s emergency management director was recognized for providing people with disabilities “equal access to information and services” on Friday.
ADA taxi lawsuit against city persists
KeysNews.com
A state judge has refused to dismiss a lawsuit that accuses the city of violating antitrust laws in regulating taxis outfitted for people with disabilities.
City commissioners last year decided Key West needed additional taxi vehicles that met the standards of the federal Americans with Disabilities Act. Their solution last March: allow the distribution of new ADA-compliant taxi licenses — but only to existing taxi companies that could also afford to add wheelchair-accessible vehicles to their fleet.
Richard Klitenick, an attorney who is on the city’s planning board, sued the city after being denied taxi licenses, claiming an antitrust violation since the ADA taxi law shut out his newly created company that sought to run nine wheelchair-accessible taxis in Key West.
Key West is immune to such a lawsuit under state law, the city’s private attorney, Michael Burke, argued in court motions.
ADA enforcement to restrict “sandwich boards” on Lander's Main Street upsets some merchants
County 10
Enforcement of provisions of the Americans with Disabilities Act (ADA) is causing heartburn for several downtown businesses as sandwich board sign placement is being restricted on Main Street.
The City of Lander and the Wyoming Department of Transportation are working together to enforce the often ignored rule that requires any sidewalk advertising to be restricted where it can be placed for the safety of pedestrians, wheelchair users and the visually impaired. WYDOT and the City of Lander plan on enforcing the sign set-back by managing non-permitted portable objects such as benches, signs, and other physical items put out by businesses.