Objective Basis Needed for Psychological Fitness for Duty Exam
Lexology
In a case of first impression in New Jersey, the Appellate Division cautioned that employers may only require an employee to undergo a mental health fitness-for-duty examination in limited circumstances. Relying heavily on the EEOC’s Enforcement Guidance, the Court held that such examinations are only permitted when an employer “has a reasonable belief, based onobjective 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, 443 N.J. Super. 532, 120 A.3d 593 (Jan. 25, 2016) (emphasis added).
Watch for Litigation Concerning Website Accessibility to the Disabled
Lexology
As has been reported in the news recently, there is increasing litigation asserting that the websites of some commercial enterprises, including financial institutions, are not accessible to consumers with disabilities. The Americans with Disabilities Act was adopted before widespread adoption of the internet, but the Department of Justice and many courts have taken the position that the ADA’s prohibition of discrimination against anyone on the basis of disability in the use of “accommodations of any place of public accommodation” applies to websites as well as physical establishments.
Minnesota bill would curb ADA frequent filer
Overlawyered
Attorney Paul Hansmeier has sued more than 100 small businesses in Minnesota charging lack of handicap accessibility, sometimes “on behalf of the Disability Support Alliance, a nonprofit group that finds non-compliant businesses. A 5 Eyewitness News report from last summer found Hansmeier sought quick settlements from businesses for thousands of dollars and made little effort to ensure the buildings were brought into compliance.” Hansmeier has now denounced as “silly” a bill developed by the Minnesota Chamber of Commerce, working with the Minnesota State Council of Disability and Human Rights Department, aimed at curbing opportunistic accessibility complaints. “The legislation would give businesses at least 30 days to respond to lawsuits, shift the burden of proof in some cases to those filing the lawsuit and restrict attorneys from demanding immediate settlements.”
Attorney Hansmeier, according to the broadcast report, “is currently facing disbarment or suspension for running a copyright infringement scheme involving a pornographic video. A district judge in Hennepin County said last year that Hansmeier’s history reinforced concerns that the ADA lawsuits raised ‘the specter of litigation abuse.'” [KSTP] Last year I noted his adventures in copyright law and his more recent rolling out of multiple suits alleging that businesses had not adequately designed their online presence to accommodate disabled web users.
Filed under: ADA filing mills, Minnesota
Is it a Gamble for Employers to Permit Office Pools During March Madness
Lexology
The American Gaming Association estimates that Americans will bet a total of $9.2 billion on March Madness brackets, pools and contests this year, an increase of approximately $200 million from last year. While estimates vary, some sources say as many as 51 million office workers will participate in March Madness office pools or brackets. March Madness, Super Bowl, and Fantasy Football pools have become ingrained in the American workplace and seem harmless to many; however, permitting such activities creates a wide range of risks for employers, from productivity loss to discrimination and disability issues and even criminal penalties. Online gambling can also create headaches for employers and IT departments. Before turning a blind eye or participating in the pool, here are a few risks with which employers should become familiar.
Will apps become the next disability lawsuit target?
TechCrunch
Apps have become a driver of the economy. According to the Statista website, leading app stores offer around four million apps. App users are able to engage in commerce, access content and connect with for-profit and not-for-profit entities of every kind and description.
If space was the final frontier for Captain Kirk and the Enterprise, digital-app experiences are the heavily explored frontier for a host of entities. Because apps are a key link between the public and a business, the accessibility of apps to individuals with disabilities, especially those individuals who are blind or have low vision, is unfortunately likely to become the newest contested cyber battleground for claims under the Americans with Disabilities Act (ADA) and similar state and local laws.