ADA in the News March 30, 2021

Subway Franchisee to Pay $28,700 to Settle EEOC Disability Discrimination Suit

A Bloomington, Ind., fast-food sandwich shop will pay $28,700 to settle a disability discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.

The EEOC charged in its suit that Ranrae, Inc., doing business as Subway, violated federal law by rejecting a hard-of-hearing applicant because of his hearing and resultant speech impairments. Such alleged conduct violates the Americans with Disabilities Act (ADA). The EEOC filed suit (Case No. 1:20-CV-2450-JRS-DML) in U.S. District Court for the Southern District of Indiana, Indianapolis Division after first attempting to reach a pre-litigation settlement through its administrative conciliation process.


D.C. Circuit Puts Longstanding Defense to Employment Discrimination Claims in Doubt

On February 19, 2021, a panel of the U.S. Court of Appeals for the D.C. Circuit urged the full court to change the standards that govern employment discrimination claims in a manner that may broaden liability for employers. If adopted by the full D.C. Circuit, employment discrimination plaintiffs may be able to establish Title VII claims without proving that they suffered "materially adverse consequences" because of an employer's discriminatory act. The case is Chambers v. District of Columbia, No. 19-7098 (D.C. Cir. Feb. 19, 2021), and a two-judge panel asserted that lateral job-related transfers can be unlawful under Title VII even when there is no reduction in pay or any other "adverse" change in employment.


After Investigation, Beaumont Hotel Settles ADA Violations

It was one of 27 hotels across Southern California under investigation by the feds.

The U.S. Attorney's Office announced Monday that it has signed agreements with 27 hotels across Southern California, including one in Beaumont, to resolve investigations linked to the Americans with Disabilities Act.

The agreements were finalized over a one-year period that began last April and concluded with the 27th agreement. After federal investigations into the hotels revealed non-compliance with various provisions of the ADA pertaining to "public accommodations," the hotels agreed to remedy the violations, with some agreeing to stop the illegal practice of charging more for accessible rooms - a "disability tax" of up to $25 when compared to similar non-accessible rooms.


Taking ADA from the Page to the Stage

Now 30 years old, the Americans with Disabilities Act has made historic access achievements for audiences. Now how about access for performers and backstage workers?

Last year marked the 30th anniversary of the Americans with Disabilities Act, but many who work in the theatre would agree that there is much left to do before even the nation’s largest venues can be called truly accessible.

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