ADA in the News: March 30, 2016

Judges handling ADA website lawsuits not waiting on DOJ regulations

Legal News Line

While companies continue a years-long wait for guidance from the Department of Justice on how to make their websites compliant with federal disabilities law, judges aren’t hitting the pause button on a growing area of litigation.
In the past year, an increasing number of companies have faced lawsuits from blind and deaf plaintiffs alleging their websites violate the Americans with Disabilities Act. Plaintiffs lawyers in three jurisdictions – California, New York and Pennsylvania – have led the charge.

Employee's ADA Claim Advanced Due To Supervisor's Alleged Demand That Employee Admit To Substance Abuse Problem

Lexology

An employee who was allegedly fired for refusing to admit he had a substance abuse problem presented sufficient evidence to advance his claim under the “regarded as” prong of the Americans with Disabilities Act, according to a Massachusetts federal court. The employer denied terminating the employee or demanding that he admit having a substance abuse problem. The Court granted summary judgment on the employee’s Massachusetts anti-discrimination law claim, applying pre-ADA amendment case law, but denied summary judgment on the ADA claim. Izzo v. Genesco, Inc. d/b/a LIDS, Case No. 14-cv-13607-ADB (D. Mass. Mar. 22, 2016).

Disabled man alleges shopping plaza owner violates ADA

The Louisiana Record

A disabled man from Jefferson Parish is suing the owner of a Harvey shopping plaza, alleging he has difficulty accessing the facility with his grandchildren.
Lawrence Fultz filed a lawsuit March 22 in U.S. District Court for the Eastern District of Louisiana against Montavicz LLC, alleging violations of the American with Disabilities Act (ADA).

ADA litigation make life inhospitable for nonconforming hotels

InsideCounsel

Today, many people underestimate the number of disabled people who travel, and don't understand the difficulties disabled people face when traveling. Hotels have become targets of Americans with Disabilities Act (ADA) litigation. The U.S. Department of Justice says that many hotels contain an endless amount of potential violations. 

Mandatory Health History Form Violated ADA, GINA

SHRM

A farm products company violated federal laws by requiring job applicants to fill out a health history form before being considered for work, the U.S. Equal Employment Opportunity Commission (EEOC) said. The agency sued Grisham Farm Products of Mountain Grove, Mo., March 22 in the U.S. District Court for the Western District of Missouri, Southern Division, alleging that the company violated Title I of the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA).

American leaders must be pushed harder on disability inclusion

thejewishchronicle.net-

In her victory speech after the Nevada primaries, Democratic hopeful Hillary Clinton said it’s time to invest in marginalized communities by “ensuring that people with disabilities have the same opportunities to work and fully participate in our society.”

Pregnant Macy's Cashier Fired After Asking to Sit Down on Job, Claim Says

DNAinfo

A single mother with a baby on the way was fired from her job at Macy’s Herald Square after the department store failed to provide accommodations like a stool for her to sit on as she dealt with a high-risk pregnancy, forcing her to miss work, new charges reveal. 

Evolution Of: Being Differently Abled

LA Canyon News

Being disabled is not the death sentence it used to be, at least not here in America.

The Intersection Of Healthcare And Politics

Healthcare Design

Passage of the Americans with Disabilities Act (ADA) in 1990, for instance, led to substantial changes in healthcare facilities planning. Early compliance essentially involved tacked-on solutions to make buildings accessible. But now ADA standards for new construction and renovations are integral to the planning and design process from project kick-off. Accessible entrances, elevator lobbies, registration desks, toilet rooms, commons spaces, and drinking fountains seamlessly integrate with overall building plans. Generally, a designated design team member oversees compliance.

Birmingham to start charging for handicapped parking

Hometownlife.com

A longtime policy in Birmingham of providing free unlimited parking for anyone displaying a valid disabled parking permit is coming to an end.

This summer, the city plans to install dozens of blue-marked parking meters that are in compliance with the Americans with Disabilities Act (ADA). The meters will charge drivers for public parking at the same rate as the other meters on the block.

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