ADA in the News: March 9, 2015

Refusing driving accommodations bars employee's ADA lawsuit

Business Insurance

An employee who refused to agree to a reasonable accommodation offered him by his employer to compensate for his inability to drive cannot proceed with his disability discrimination charge, a federal appeals court said Monday in upholding a lower-court ruling.

Must Gluten-free Be Free? What You Should Know About Celiac Disease and the ADA

The National Law Review

Restaurants nationwide are beginning to offer gluten-free alternatives to regular menu items. This is welcome news to those long suffering from celiac disease, a chronic and serious immune reaction to eating gluten, a protein that is found in wheat, barley and rye. The National Foundation for Celiac Awareness cites a statistic that one out of every 133 Americans has celiac disease. While that number seems small, that means that a busy restaurant will likely encounter at least one customer with celiac disease every few days at the least, and quite often daily. Many restaurants that do provide gluten-free options, however, charge an added fee for the dish. This raises a few important topics of note for those with celiac disease – whether celiac disease is a “disability” that requires accommodation under the American with Disabilities Act (“ADA”), whether a restaurant must provide a gluten-free dish as an accommodation, and finally, whether it may charge an added fee for the accommodation.

EEOC Sues S&B Industry Foxconn for Disability Discrimination

Oye! Times

S&B Industry, Inc., a Fort Worth cellphone repair facility and subsidiary of Foxconn International, violated federal law by denying employment to two hearing-impaired applicants because of their disability, the U.S. Equal Employment Opportunity Commission charged in a lawsuit it filed.

The EEOC’s suit also alleged that S&B Industry violated the law by denying the two applicants a reasonable accommodation during the application process.

FMLA Offers Employers No Protection against Changes in Essential Job Functions or Undue Hardship

JD Supra

A federal district court recently ruled that an inability to perform essential job functions plays no role in determining whether an employee qualifies for leave under the Family Medical Leave Act (FMLA). Unlike the Americans with Disabilities Act (ADA), this means employers must provide FMLA leave, even if it would permanently remove an essential function of the employee's job.

Lynne Curry: Recognizing PTSD as a disability in the workplace

Alaska Dispatch News

How are disability placards and spaces monitored at shopping malls?

Press-Enterprise

Can disabled parking spaces in a multi-store shopping mall be reserved only for certain customers -- those in vehicles with disability placards or license plates who are shopping at one particular store? Or can any qualified disabled person placard or plates holders park in such spaces -- regardless of where they’re shopping in the mall?

Ex-public works director sues over medical marijuana firing

WLNE-TV

A former Foster town employee is now suing after he says he was fired for no reason. He's accusing the town of violating the Americans with Disabilities Act and the state's medical marijuana law.

Boss's 'Your Job or Your Daughter' Comment Spurs Worker's ADA Associational Bias Claim

Bloomberg BNA

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