ADA in the News March 11, 2021

Study Compares Discrimination Claims of Younger and Older Americans with Cancer

Researchers assessed the employment discrimination claims made by younger and older American adults with cancer and found substantial differences in the nature - and outcomes - of their claims.

Reported in the Journal of Cancer Survivorship, the research focused on Title I complaints made to the U.S. Equal Employment Opportunity Commission from 2009 to 2016. This included 1,001 claims from cancer survivors up to age 35 and 8,874 claims by adults over 35 with a history of cancer.

The Americans with Disabilities Act originally recognized that people with cancer and undergoing cancer treatment could experience declines in their physical and cognitive functioning. But these difficulties were thought to disappear at the end of treatment or when the cancer was in remission. The ADA was amended in 2009 to allow for the fact that even after treatment ends, people with a history of cancer and cancer treatment often experience lingering difficulties.


Stanford Admits a Student, but Denies His Request for Accommodation

Stanford admitted Antonio Milane but denied him a scribe that he says he needs for homework. After he attracted 57,000 supporters with his story of having cerebral palsy, the university changed its position.

Antonio Milane dreamed of going to Stanford University. Several months ago, his dream came true.

"I was accepted into my dream school, Stanford University. At first, I felt like I was on top of the world," he wrote in a petition that has attracted 57,000 supporters. But his acceptance was followed by a rejection - of an accommodation request.

He described his battle with cerebral palsy, which dates back to his birth. His doctors describe him as a "miracle child" who hadn’t been expected to live. He also has epilepsy.

"Just when I thought that the battle was over and that I could delve into my dreams at last, I realized that I might not be able to attend. The same story that befell me in prior years was going to consume my life again: Stanford University is unwilling to provide me access to a scribe for assignments, deeming my necessity as a ‘personal preference’….”


Garrett County Sued Over Vaccine Info for People with Disabilities

The Arc Maryland is suing Garrett County, Baltimore City and four other counties, claiming they have discriminated against people with intellectual and developmental disabilities by denying opportunities for them to access COVID-19 vaccines.

The lawsuit, filed Monday night in U.S. District Court for the District of Maryland Northern Division by The Arc Maryland - which is being represented by Disability Rights Maryland, The Arc of the United States, and the Brown & Barron Law Firm - alleges websites being used by the six named jurisdictions to convey information about coronavirus vaccines fail to include people with such disabilities as eligible for vaccines under Phase 1B of Maryland’s vaccine priority plan.

This is not only inconsistent with Maryland’s Executive Order and Vaccination Plan, which specifies people with intellectual and developmental disabilities have priority under Phase 1B, but also violates the Americans with Disabilities Act and Section 504 of the Rehabilitation Act, according to a press release from The Arc Maryland.

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