ADA lawsuits take an ominous turn: Court rules EEOC can file group claims
Business Management Daily
The ADA protects disabled applicants and employees from discrimination based on disability and requires employers to reasonably accommodate known disabilities.
The process is supposed to include an individualized assessment of the job, its essential functions and the employee’s disability. The premise is that disabilities are not all the same. Each disability must therefore be carefully examined to see what can be done to let the applicant or employee succeed.
Until now, most legal experts believed the individualized nature of reasonable accommodations meant the EEOC could not bring a so-called pattern-and-practice lawsuit claiming to represent a class of disabled applicants. That’s no longer the case.
Recent case: The EEOC says that FedEx Ground violated the ADA by discriminating against deaf and hard-of-hearing individuals who worked in and applied for package-handler positions.
New EEOC Publication Outlines ADA Rights of HIV-Positive Employees
Mondaq News Alerts
The Centers for Disease Control and Prevention estimate that over 1.2 million Americans live with an HIV-positive health status. Under the Americans with Disabilities Act ("ADA"), HIV-positive status qualifies as a disability, providing a variety of legal protections to HIV-positive employees who work for qualifying employers. These provisions include protections against discrimination and harassment on the basis of an employee's HIV-positive status.
The Equal Opportunity Employment Commission ("EEOC") recently addressed this issue, publishing a fact sheet entitled, "Living with HIV Infection: Your Rights in the Workplace under the ADA." This fact sheet provides guidance to HIV-positive employees on a variety of their rights under the ADA, particularly the process of seeking a reasonable accommodation from their employer.
Surgeon Who Refused To Operate On An HIV- Positive Patient To Pay $75,000
Bergen Dispatch
Robert L. Capers, United States Attorney for the Eastern District of New York, announced today a settlement with Dr. William Sher, an otolaryngologist in Port Jefferson, New York, under title III of the Americans With Disabilities Act, 42 U.S.C. § 12181- 12189 (ADA). Title III prohibits discrimination against people with disabilities in places of public accommodation such as hospitals. Individuals with HIV fall within the protection of the ADA.
NCCI triumphs in battle toward accessibility
Sun Community News
The North Country Center for Independence emerged victorious last week in the accessibility battle with the Pyramid Management Group LLC.
The company reached an agreement last month with Attorney General Eric Schneiderman to remove barriers to common area access points at the mall and other shopping centers in the state, including Buffalo, Syracuse, Cheektowaga, West Seneca, Queensbury, New Hartford, Albany, Poughkeepsie, West Nyack, Middletown and Watertown, according to a news release.
Businesses Must Ensure Websites Comply With The Americans With Disabilities Act
JD Supra
Title III of the Americans with Disabilities Act of 1990 (the “ADA”) requires “places of accommodation” be accessible to the disabled. Although the ADA does not specifically address websites, courts have seen an increase in the number of lawsuits filed against businesses claiming that their websites are not fully accessible to the disabled and therefore do not comply with the ADA.
The courts are split on how the ADA applies to websites. The 3rd, 6th, 9th, and 11th circuits have found that Title III of the ADA applies to websites with an associated physical store or location. The 1st, 2nd, and 7th circuit courts have applied a broader standard, holding that a place of public accommodation does not have to be a physical structure.
While the courts are split, the Department of Justice (the “DOJ”) has long held the position that the ADA does apply to websites. Despite this position, the DOJ has continuously delayed publishing any proposed amendments to the ADA that would specifically address websites. In fact, the DOJ recently announced that any proposed amendments to the ADA would not be released until 2018. Website owners are therefore left with the risk of litigation without any real clarity or certainty as to how the ADA applies to websites and what specific set of standards should be implemented to ensure full compliance.
To reduce the risk of litigation, website owners must take steps now to implement best practices and industry standards to improve accessibility to the disabled. These improvements should include compliance with the Web Content Accessibility Guidelines (WCAG) 2.0 AA at a minimum. https://www.w3.org/WAI/intro/wcag These improvements should be made not only to traditional websites, but also to mobile applications. Website owners should also periodically audit any enhancements or improvements that are made to ensure continued compliance.
Richmond sheriff sued for disability violation
Richmond Free Press
Richmond Sheriff C.T. Woody Jr. has been hit with a federal lawsuit for firing a deputy who became disabled by a heart condition.
U.S. Attorney Dana J. Boente filed the lawsuit Wednesday alleging that Sheriff Woody violated Title I of the Americans with Disabilities Act by firing the deputy rather than assigning her to a vacant position for which she was qualified.
Presence Health to pay $500000 over allegations of ADA violations
Legal News Line
Presence Health, the largest Catholic health care system in Illinois, will pay $500,000 over allegations it violated the Americans with Disabilities Act, the Equal Employment Opportunity Commission (EEOC) announced.
Presence Health allegedly committed disability discrimination by failing to return employees on medical leave to their positions or reassigning them to other positions for which they qualified. Instead, according to EEOC charges, the organization terminated the employees or put them on disability leave.
"This resolution is an excellent result for all of Presence Health, including former employees who will receive compensation, and current employees who we expect will see improved leave and accommodation processes," Julianne Bowman, director of EEOC's Chicago District Office, said. "We are pleased that Presence Health was willing to work with EEOC to improve its ADA compliance practices, and we are confident that by doing so Presence will be rewarded by retaining experienced and dedicated employees."
Presence Health denied the allegations but agreed to conciliate. The deal included monetary relief and an agreement to conduct annual ADA training at three of its Chicagoland locations.
Lexology
An employee terminated immediately upon his return from medical leave for alcohol rehabilitation presented sufficient evidence of discrimination under the Family and Medical Leave Act, Americans with Disabilities Act and Ohio state law to present his case to a jury, according to a federal court in Ohio. The employer claimed that the employee had been terminated for misappropriating company goods, but e-mail exchanges between several supervisors discussing Plaintiff’s alcoholism, as well as the timing of his termination, could show pretext. Lankford v. Reladyne, LLC, 32 AD Cases 959 (S.D. Ohio Nov. 19, 2015).
Serial Plaintiff David Ritzenthaler Files Another Wave of ADA “Parking Lot” Lawsuits
Lexology
David Ritzenthaler, a disabled man, has filed more than 100 lawsuits against Arizona businesses alleging that their parking lots violate the Americans with Disabilities Act (“ADA”).
Jasper's Westfork Apartments named in lawsuit settlement
Daily Mountain Eagle
Westfork Apartments in Jasper is part of a $350,000 lawsuit settlement, in which the Justice Department found 71 multi-family housing complexes in violation of the Fair Housing and Americans with Disabilities acts.
A lawsuit filed on Sept. 30 accused Alabama-based developers Allan Rappuhn, Gateway Construction Corporation, Gateway Development Corporation and affiliated companies, with complexes in Alabama, Georgia, North Carolina and Tennessee, as failing to meet Fair Housing Act (FHA) and Americans with Disabilities Act (ADA) requirements to provide accessible housing for the disabled.
As part of Monday’s settlement, defendants will pay $300,000 to provide a settlement fund for affected tenants and a $50,000 civil penalty. In addition, defendants will be required to update housing to meet FHA and ADA standards.
Federal Contractor Alert From the 5th Circuit: Disability Plaintiffs Need Not Be Employees
JD Supra
In a case of first impression, the Fifth Circuit Court of Appeals held that Section 504 of the Rehabilitation Act of 1973 permits employment discrimination suits by independent government contractors. In Flynn v. Distinctive Home Care, Inc., the court held that unlike the Americans with Disabilities Act (ADA), the Rehabilitation Act did not require that the defendant be the plaintiff’s “employer.”
Dr. Rochelle Flynn was a contract pediatrician at Lackland Air Force Base in San Antonio. She provided her services pursuant to an independent contractor agreement with Distinctive Home Care (DHC). DHC, in turn, contracted with the United States Air Force to provide medical services at Lackland.
Disabled man alleges Home Properties violated law
The Pennsylvania Record
A disabled man is suing New York and Texas companies, alleging Americans with Disabilities Act violations.
Bruce Gavurnik of Trevose filed a lawsuit Feb. 9 in U.S. District Court for the Eastern District of Pennsylvania against Home Properties Inc and Home Properties LP of Rochester, New York, and Lighthouse Management Services LLC and Lone Start Funds of Dallas, alleging violation of the ADA.
Woman Whose Son Has Special-Needs Proposes New Charter School
CBS Local
A Southland mother is determined to make sure her son with a disability gets a good education.