BNSF Railway to pay $95000 to resolve disability discrimination allegations
Legal News Line
The U.S. Equal Employment Opportunity Commission has announced Texas-based BNSF Railway Co. has been mandated by a Washington federal court to pay $95,000 to a qualified applicant denied hire due to a back injury.
BNSF allegedly violated the Americans with Disabilities Act (ADA) by failing to continue the hiring process with Russell Holt after Holt disclosed he had a prior back injury. According to EEOC allegations, Holt was applying for a senior patrol officer position and received a conditional offer. He had previously served as a patrol deputy and criminal investigator and hurt his back on the job in 2007. He disclosed this information to BNSF Railways and took a physical examination that showed no restrictions or abnormalities, EEOC states.
Managing: When is an employer required to accommodate for a disability?
Silicon Valley Business Journal
What constitutes a disability for which an employer is required to make accommodations? For example, I have fibromyalgia. Does that constitute a disability?
Why Does the EEOC Hate Your No-Fault Attendance Policy?
Lexology
A no-fault attendance policy typically assesses points for various attendance infractions without regard to the reason for the absence. Employees who accumulate certain numbers of points are disciplined. No-fault attendance policies usually include limited exceptions, such as FMLA.
Is Driving An “Essential Function Of The Job” For Your Road Warriors?
JD Supra
If your employee isn’t a professional driver but spends a lot of time on the road, how “essential” a job function is driving for ADA purposes? Is driving “essential” at all?
The Inexplicit Requirement and Definitive Necessity for Employers to Implement Privacy Policies
Lexology
In the face of seemingly daily news reports of company data breaches and the mounting legislative concern and efforts on both the state and federal level to enact laws safeguarding personal information maintained by companies, employers should be questioning whether they should implement privacy policies to address the protection of personal information they maintain on their employees.
Would 'St. Patrick's Way' Qualify for a Workplace Accommodation?
Lexology
If Saint Patrick walked into your workplace today, how would he and his beliefs be received? As we gather on March 17, amidst the shamrocks and celebrations, let’s not forget why we honor the life of this patron saint. Born in the late 4th century, Maewyn Succat was canonized as Saint Patrick for bringing Christianity to Ireland. Saint Patrick’s workplace was an entire nation, where he travelled the countryside, baptizing hundreds of souls and establishing monastery schools and churches of the Christian faith. In contemporary times, we call this activity proselytizing. In an age where the demands of work duties require more hours and employees’ personal time, beliefs find more expression during the business day. Modern employers, on the one hand, embrace such expressions within the workplace, as self-appreciation leads to greater creativity and productivity. But on the other hand, work is work and most employers want to avoid the clashing of employee beliefs on the shop floor. So what’s the answer? A policy and process to accommodate religious beliefs, which is likely a much different approach than the Romans used with Saint Patrick.
More Businesses Face Lawsuits Challenging Website Accessibility
Lexology
Executive Summary: Despite the recent explosion of lawsuits challenging the accessibility of websites under Title III of the Americans with Disabilities Act (ADA), the Department of Justice (DOJ) has announced that it will not publish proposed revisions to the Title III regulations to address website accessibility until 2018. However, businesses should not view this as a reprieve or anticipate a slowdown in litigation. In fact, the DOJ continues to conduct investigations of website accessibility under both Title III and Title II (applicable to public entities, such as public universities). Additionally, plaintiffs' lawyers have filed class actions against a variety of businesses including on-line entertainment providers, retailers, providers of e-books, financial institutions, credit reporting agencies, public universities, and even the NBA and NCAA, alleging violations of Title III based on inaccessible websites. The DOJ has intervened in many of these lawsuits.
Legislation advances to address abusive disability lawsuits
BusinessNorth.com
Legislation aimed at curbing the filing of abusive lawsuits under state disability laws, while encouraging businesses to provide full access to disabled customers, passed its first committee hearing Thursday at the Legislature.
The bill passed the House Civil Law Committee on a bipartisan vote. The Minnesota Chamber of Commerce has spearheaded the effort for legislation.
7Online WSVN-TV
Twenty-five years ago, the U.S. passed the Americans with Disabilities Act to, in part, allow handicapped people access to the same places everyone else goes. But is it now being abused by people who sue hundreds of businesses? It's why we asked Patrick Fraser to check out "Disability Deception."
Advocates for Individuals with Disabilities Organizations Changes the Life of an Arizona Child
PR Newswire
Opening its doors for immediate assistance, Advocates for Individuals with Disabilities ("AID.org" or "AID Foundation") www.AID.org is on a mission to improve the lives of individuals with disabilities, much like 4-year-old Israel. Young Israel, born in Eastern Europe, and diagnosed with Spina Bifida, was adopted just a few months ago by Stacey Gagnon, an Arizona resident who, along with her husband, vowed to improve his life. Upon his arrival in the United States, Israel had no sense of mobility other than on the ground in army crawls, until now. In fact, Israel had never even been outside of his room until he was adopted.
Conaway Addresses Frivolous Lawsuits Plaguing West Texas
San Angelo LIVE!
This week, Congressman Mike Conaway (TX-11) spoke on the House Floor to address a series of frivolous lawsuits in West Texas.
The News-Press
Q:We live in a villa home. Our community has a private golf course and similar recreational facilities. Our local association has a "no pet rule." We are told that the ADA requires us to permit pets even if we have a rule to the contrary. This does not make sense to me. Can you comment?
A: The Americans with Disabilities Act ("ADA"), which is a federal statute, requires entities covered by it to allow disabled individuals to have a "service animal." The ADA applies to places of public accommodation, such as hotels, restaurants, and other businesses or facilities which invite the public or permit public use. Typically, the ADA does not apply to condominium associations or homeowners' associations, unless they permit use by members of the public, or function in the manner of a hotel. If your golf club or restaurant are open to the public, ADA may apply. ADA most likely would not apply to your "local" association, which I assume means the condominium association or homeowners' association which manages and operates the neighborhood you live in.
Conversely, associations are almost universally governed by the Fair Housing Act ("FHA"), also a federal statute. Your local association would be governed by the FHA.
In response to confusion surrounding the difference between ADA and FHA, the United States Department of Housing and Urban Development ("HUD") recently issued a memorandum attempting to clarify some of these issues. The memorandum can be found on-line at http://portal.hud.gov/hudportal/documents/huddoc?id=servanimals_ntcfheo2013-01.pdf. According to HUD, "service animals" under the ADA must be trained to do work or specific tasks for the benefit of the disabled individual. "Assistance animals," including "emotional support animals" do not qualify as "service animals" under the ADA.
Conversely, at least under HUD's interpretation of the law, an "assistance animal" (as opposed to a "service animal") need not be specifically trained to perform work or specific tasks. "Assistance animals" include "emotional support animals." When an association receives a request for a "reasonable accommodation" under the FHA (usually the waiver of a pet restriction), the association is obligated to provide the accommodation if it is "reasonable," if the person requesting the accommodation suffers from a "disability", and if the accommodation will ameliorate the disability. Disabilities are defined in the law as mental or physical impairments that substantially limit one or more major life activities. Major life activities include sleeping, eating, bathing, walking, and working.
The recent HUD memo permits an association to ask persons who are seeking emotional support animals to provide documentation that the animal provides emotional support that alleviates a symptom of an existing disability.
ADA law: Disabled drivers supposed to get help pumping gas
Marin Independent Journal
The Americans With Disabilities Act has rules for gas stations when it comes to serving their customers with disabilities.
Effective March 15, 2012, any gas pump where someone has to reach more than 54 inches above the ground to use it will be in violation of the Americans with Disabilities Act (ADA), putting the station owner at risk of fines or lawsuits. On newly constructed pumps or alterations to existing pump islands, everything has to be below 48 inches.
Operable parts include the credit card reader, the fuel grade selection button and any buttons that request help.
The 2012 change updates ADA's 1990 rule which required self-serve gas stations to provide equal access to their customers with disabilities and states gas stations must:
1. Provide refueling assistance upon the request of an individual with a disability. A service station or convenience store is not required to provide such service at any time that it is operating on a remote control basis with a single employee, but is encouraged to do so, if feasible.
2. Let patrons know (e.g., through appropriate signs) that customers with disabilities can obtain refueling assistance by using a call button, honking or otherwise signaling an employee.
3. Provide the refueling assistance without any charge beyond the self-serve price.
The ADA also requires an effective communication method between the convenience store operator and the pump. Some stations have implemented new button systems that are easier for drivers to alert staff they need assistance.
According to the Department of Justice, station owners in violation could be fined more than $50,000 for a first offense.
The DOJ is putting more emphasis on compliance, but enforcement will likely be complaint driven. For more information, call the Dept. of Justice's ADA Information Line at (800) 514-0301 (voice) or (800) 514-0383 (TDD).