Project Civic Access Agreement: Rapid City, South Dakota
File an ADA Complaint Electronically: New ADA Online Complaint Form
Bank Of America To Pay $155K To Settle Claim It Discriminated Against Hearing-Impaired Customer
The Consumerist
Financial institutions have a somewhat checkered past when it comes to accommodating consumers with hearing disabilities. There was Citibank’s demand that a hearing-impaired customer call them to clear up a suspicious transaction only to be hung up on repeatedly or there was the Chase rep that didn’t think deaf people could have credit cards. Now this week, Bank of America agreed to settle allegations it denied a loan modification after ignoring a customer’s request that the bank email her rather than force her to talk on the phone.
KSTP-TV reports that Bank of America will pay $155,000 to settle claims it discriminated against a hearing-impaired Minnesota woman due to her disability.
Justices Won't Review Denial of ADA Claim For Police Sergeant with Attention Disorder
Bloomberg BNA
Denying a petition filed by a fired Oregon police officer, the U.S. Supreme Court March 2 declined to review a federal appeals court ruling the officer couldn't show his attention deficit hyperactivity disorder rendered him disabled under the Americans with Disabilities Act.
JD Supra
An employer’s reemployment obligations under USERRA thus go well beyond seemingly similar reemployment and accommodation obligations under other employment law statutes, such as the Family and Medical Leave Act (FMLA) or Americans with Disabilities Act (ADA). Employers need to make sure that recruiters, Human Resources, and hiring managers understand the full range of obligations with regard to returning veterans and perhaps consider a coordinated or centralized approach to their reemployment. In some cases, compliance with the complexities of the statute may require advice of counsel.
Why online ed accessibility is not a “when we get to it” issue
eCampus News
As several high-profile lawsuits surface around accessibility of web content, colleges and universities must take the steps necessary to shore up their own approaches to online accessibility of web content.
In the era of online learning, colleges and universities are quickly learning that it’s not enough to provide online content—the content must be accessible for all. But how can institutions provide online accessibility; and is it a legal requirement?
ADA Claim Brought by Claustrophobic Attorney Allowed to Proceed
JD Supra
When the Americans with Disabilities Act definition of "disability" was expanded by the ADA Amendments Act of 2008, we told you to expect an increase in accommodation requests and disability discrimination claims. Many of you have experienced increased claims, and the courts are starting to feel your pain.
For example, a claustrophobic attorney has filed a claim against her former law firm alleging violations of the Americans with Disabilities Act and the Pennsylvania Human Relations Act. The crux of the attorney's claim is that the firm failed to accommodate her claustrophobia and anxiety. The facts of the case are interesting, and the eventual outcome could provide some helpful guidance to employers contemplating requests for accommodation.
Whether Florida hospital should have reassigned disabled nurse a cane is a jury issue, court holds
Lexology
A recent decision by a Florida federal court, Equal Employment Opportunity Commission v. St. Joseph’s Hospital, Inc., serves as a reminder to employers of the need to fully explore reasonable accommodations requested by disabled employees, including reassignment. In St. Joseph’s Hospital, the district court found that the Equal Employment Opportunity Commission (EEOC) might be able to demonstrate at trial that a hospital violated the Americans with Disabilities Act (ADA) by failing to consider a disabled nurse who used a cane for two positions for which she applied.
CU professor sues university claiming discrimination and defamation
The Denver Post
A University of Colorado philosophy professor who was banished from the university for two months last year has sued the college in federal court claiming he was defamed after making an off-handed remark that was taken as a joke.
Disabled employee sues Houston TV station
Southeast Texas Record
A Harris County man sued a Houston television station and its owner corporation, alleging violation of the Americans with Disabilities Act.
Gerald Caldwell of Houston filed a lawsuit Feb.3 in the Houston Division of the Southern District of Texas against KHOU-TV of Houston and Gannett Co. Inc., alleging wrongful termination.
According to the complaint, Caldwell was employed as a video editor by the television station for 18 years and was fired unlawfully just prior to surgery for a medical disability. Caldwell’s imminent surgery was intended to address a condition stemming from having had bone cancer as a child and involved reconstruction of his leg, the suit says.
9th Revives ADA Suit Against Retailers
Courthouse News Service
Two retailers and their landlord may yet face ADA claims that a federal judge improperly dismissed after the plaintiff settled with a third retailer, the 9th Circuit ruled Tuesday.
Sandi Rush - who is wheelchair-bound - brought a lawsuit under the Americans with Disabilities Act after she encountered barriers in the restrooms and fitting rooms of stores in a shopping mall on Towne Center Drive in Foothill Ranch, Calif. The federal complaint named Sports Chalet, Petsmart and Babies "R" Us as defendants, as well as their landlord, Foothill Ranch LLC.
Woman With Bipolar Disorder Wins $32.5K Verdict After Being Fired
Daily Report
Diagnosed with bipolar disorder, Charlotte Massey found herself in the throes of a manic episode three years ago. She called her boss to let him know she needed a short leave of absence to adjust her medications and recover.
Instead, Massey lost her job.
On Feb. 19, a federal jury in Atlanta held that Massey's employer, the owner of an assisted living facility where she was a nursing assistant, violated the Americans With Disabilities Act by firing her. The law bars discrimination against physically or mentally disabled people who can perform the essential functions of their job with "reasonable accommodation" and without imposing an "undue hardship" on the employer.
The jury awarded Massey $25,000 in lost wages and benefits and $7,500 in punitive damages at the end of a three-day trial in front of U.S. District Senior Judge Charles Pannell Jr.
Bill would give businesses leeway to turn away animals
FoxReno.com
Nevada lawmakers are reviewing a bill that would limit the kinds of service animals a business legally must allow inside.
The Assembly Health and Human Services Committee is scheduled to review AB157 on Wednesday.
It would clarify in Nevada law that companies are only required to allow trained service dogs in their businesses and can turn away customers who want to bring in other service or comfort animals.
The bill would bring Nevada in line with the federal Americans with Disabilities Act, which requires businesses to admit trained dogs but gives them discretion on allowing other animals. Federal law also recognizes that miniature horses can assist people with disabilities, but allows businesses to decline them.
The measure was proposed by the Nevada Resort Association, which represents casinos.
Service-animal fraud hurts the truly disabled
The News-Press
Concern is rising among service-animal owners about the ease with which people can claim any dog is a service dog.
There are websites, including Ebay, where people can purchase certificates, badges, ID cards, vests and other accessories real service dogs and their owners use.