New Jersey Court Finds Employer Improperly Required Employee to Submit to Fitness-for-Duty Exam
Lexology
The Superior Court of New Jersey, Appellate Division recently held, in a case of first impression, that the Americans with Disabilities Act (ADA) permits a New Jersey employer to require an employee to undergo a fitness-for-duty examination in limited circumstances. Quoting an Equal Employment Opportunity Commission Enforcement Guidance, the court found that fitness-for-duty examinations are permissible only when an employer “has a reasonable belief, based on objective evidence, that: (1) an employee’s ability to perform essential job functions will be impaired by a medical condition; or (2) an employee will pose a direct threat due to a medical condition.” In the Matter of Paul Williams, Township of Lakewood, No. A-0341-15T2 (January 25, 2016)
Business owners, responsible for following ADA laws
Mount Pleasant Daily Tribune
It is sad we have people preying on business in our community to make a quick buck in the name of disability advocacy.
That is how some see the lawsuits facing nearly 30 Midland businesses by two local plaintiffs and their Florida-based lawyers. The reason for the lawsuits are alleged and very real violations of the Americans with Disabilities Act.
Vacaville High teacher files ADA suit against city
Fairfield Daily Republic
A Spanish teacher at Vacaville High School has sued the city of Vacaville seeking an unspecified amount of money for a long list of hazards and barriers he said he encounters as he goes to and from work on city streets.
A.J. Minnick, a 43-year-old quadriplegic wheelchair-dependent teacher with the Vacaville School District since 2002, filed his American with Disabilities Act lawsuit last week in federal court in Sacramento.
Lexology
Governmental entities need to be wary of law firms claiming to represent unidentified web users who allege that the entity’s website violates the Americans with Disabilities Act (ADA) because of accessibility barriers for visually challenged web users. Generally, these attorneys will identify specific barriers that they claim violate ADA “standards,” encourage the entity to take remedial measures, and – of course – pay the law firm to avoid litigation, including attorney fees and costs.
Resolutions call for disability accessibility improvement
UTA The Shorthorn
Student Congress on Tuesday introduced two resolutions supporting students with disabilities.
The Office for Students With Disabilities has seen an increase this semester in students signing up for assistance, according to a previous Shorthorn article and Student Congress is working to make things more accessible for them.
A resolution calling for a push button for the bathroom doors between Trimble and Hammond halls to allow more access for individuals with disabilities was introduced.
The Americans with Disabilities Act prohibits discrimination and ensures equal opportunity for those with disabilities. Employment government services public accommodations and transportation, according to www.ADA.gov.
The ugly truth about campus (in)accessibility
CU Columbia Spectator
Although my first few weeks at Barnard were mostly a blur, the one thing that remains completely lucid in my memory is the constant feeling of disappointment and frustration. I was at one of the best universities in the world (I somehow made it here!) but that rush of adrenaline quickly faded away. It didn’t take me long to notice that I would be facing literal obstacles during my journey here, as a student with cerebral palsy and who uses a wheelchair.
Some voters unhappy with Augusta County's ADA compliance
Maine News Online
Augusta County took several steps to avoid being sued again for any violations of the Americans with Disabilities Act (ADA) during primary on Tuesday, but the steps made some voters unhappy.
In 2013, the U.S. Department of Justice (DoJ) conducted an inspection of Augusta County polling sites after receiving several complaints from Stephen Morris regarding possible violations. Last year, the county’s Electoral Board received notice from the DOJ of deficiencies about accessibility for voters at most of the voting sites.