Jury Finds Parker Drilling Liable in EEOC Disability Discrimination Suit
A federal judge ordered that $245,619 be paid to an Alaskan oil rig worker today in a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced.
The ruling by U.S. District Court Judge Sharon Gleason capped an eight-day trial where a federal jury returned a verdict in favor of the EEOC and Kevin McDowell, a former employee of Houston-based Parker Drilling Company.
The jury found Parker Drilling liable for disability discrimination under both federal and state law when the company withdrew its initial job offer to hire McDowell, an experienced oil rig worker, because he had no vision in his left eye. After the jury found liability and awarded McDowell $15,000 in compensatory damages for emotional pain and distress, the judge ordered $230,619 in back pay.
Proposed web accessibility regulations for public accommodations delayed yet again
Lexology
The U.S. Department of Justice (DOJ) has once again pushed back the anticipated issue date for proposed regulations governing accessibility of online content for places of public accommodation governed by Title III of the Americans with Disabilities Act. According to the recently released Spring 2015 Unified Agenda, the proposed regulations, which had last been slated for release this month following a series of previous delays, have now been postponed for almost another full year to April 2016.
Lexology
On May 27, 2015, the Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration issued a notice of proposed rulemaking (the “NPRM”) to implement Executive Order 13673, entitled Fair Pay and Safe Workplaces (the “Executive Order”) by amending the Federal Acquisition Regulations (“FARs”). 80 Fed. Reg. 30,548 (May 28, 2015) (Proposed Rulemaking),available here. On the same day, the Department of Labor (the “DOL”) issued proposed guidance (the “Proposed Guidance”) to assist federal agencies in implementing the Executive Order. 80 Fed. Reg. 30,574 (May 28, 2015)(Guidance), available here. Last August, we reported on the Executive Order, which imposed new obligations on federal contractors in three distinct areas: (1) required disclosures of certain labor and employment law violations occurring prior to or during the term of a contract; (2) required disclosures to employees and independent contractors of their work hours and other pay-related information; and (3) prohibited contractors from using pre-dispute arbitration agreements for certain employment-related disputes.
Wave of ADA public accommodation lawsuits continue to spread, hits Illinois
Lexology
In recent weeks, we have seen a surge in Illinois of private plaintiff lawsuits filed under the public accommodation provisions of the Americans with Disabilities Act of 1990 (ADA). Public accommodation lawsuits have been common for nearly a decade in some states, such as California and Florida, but these cases have been filed with increasing frequency in Illinois and other states.
Airline Faced with ADA Dilemma
Santa Clarita Gazette
A group of three locals fly frequently, and have traveled worldwide on numerous airlines. They always get early boarding, and usually get a lot of attention.
Jim Hogan, his wife, Pam, and his seeing-eye dog, Atticus, have almost always had a positive experience when they traveled, despite challenges with Jim’s blindness – and the fact they have a canine in tow. Until recently, that is.
College Station Woman to Press Charges Against Navasota Cafe that Denied Service Dog
KBTX
A blind College Station woman whose service dog was denied entry into Martha's Bloomers Cafe in Navasota last month is pressing charges.
Taxis and Uber Punish Worcester's Disabled with Lack of Wheelchair-Accessibility
GoLocal Worcester
The second largest city in New England provides the fewest number of wheelchair-accessible taxis for its residents.
With a population of roughly 185,000 people, Worcester falls far behind other cities in the region, even those with much smaller populations, when it comes to having wheelchair-accessible taxis at its disposal.
The City of Worcester even admits that 25% of the population is disabled.
HANDICAP: Bill to improve access, ease litigation costs, advances
Press-Enterprise
A bill to help small businesses fix access violations of the Americans with Disabilities Act while dampening costly litigation has advanced in the state Legislature.
The bill, SB 251, is primarily authored by State Sen. Richard Roth, a Riverside Democrat. The bill was unanimously approved by the California Senate on Wednesday, June 4 and heads to the state Assembly.
Overcoming the Barriers Disabled Americans Face
Human Resource Executive Online (blog)
On July 26, it will be 25 years since George H. W. Bush signed into law the Americans with Disabilities Act, legislation that prohibited discrimination in employment, public accommodation and a number of other areas.
What you don't know about managing employee leaves – and how that can hurt your business
Philadelphia Business Journal
The administration of employee leaves of absence is highly complex, and errors can be costly for employers. With both federal and state laws becoming more complicated, it’s no wonder many employers are searching for answers.
Establishing Better Proof Of Service Animal Status Is In Everyone's Interest
Mondaq News Alerts
According to federal law, service animals are only dogs with documentation. However, when it comes to state laws, differentiation often becomes very difficult.
The Americans With Disabilities Act's regulation on service animals is very loose in order to minimize how much the owners are questioned.
According to Jeffrey Polsky, it is time for a way to dictate if a service animal is legitimate or not.