Foothills Child Development Center Agrees to Settle EEOC Disability Discrimination Lawsuit
Foothills Child Development Center, Inc., a South Carolina corporation that owns and operates a preschool in Easley, S.C., will provide monetary relief to a former employee and modify its employment policies to settle a disability discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC).
According to the EEOC, the Foothills Child Development Center violated federal law when it terminated an employee, Leon Dabrowski, after he disclosed his participation in a supervised medication-assisted treatment (MAT) program. Foothills hired Dabrowski as an afterschool teacher at its Easley, S.C. facility. EEOC alleged that at the time of hire, Dabrowski disclosed his prior opiate addiction and participation in a MAT program, through which he was legally prescribed the drug Suboxone as part of his treatment. Foothills terminated Dabrowski about thirty (30) minutes into his first work day due to his Suboxone use. The EEOC contends that Foothills failed to conduct an individualized assessment prior to terminating Dabrowski. The assessment would have helped determine what effect, if any, the Suboxone had on Dabrowski's ability to perform his job duties. Such alleged conduct violates the Americans with Disabilities Act (ADA), which prohibits discrimination based on disability.
Lawsuit alleges AT&T's absence policies discriminate against pregnant women: ‘Workers aren’t machines’
Washington Post
Two female former employees of AT&T Mobility LLC this week accused the company of discriminating against pregnant women, alleging that they were both fired for missing work because of pregnancy-related medical care. One of the women claims she was fired from her job at a store in Las Vegas for taking time off to deal with her infant son’s emergency medical care, and another alleges she endured discriminatory harassment while pregnant and was fired from an Indiana store two days after returning from maternity leave.
Cynthia Allen and Katia Hills say the subsidiary of telecommunications giant AT&T penalized them under the company’s nationwide “Sales Attendance Guidelines” policy, a “no-fault” system that allows employees to have a certain number of absences without explanation. But the policy also assigns point-based demerits for late arrivals, early departures or absences, and although it exempts a number of absences from the point system — ranging from jury duty to short-term disability — it does not mention pregnancy.
The women allege that AT&T Mobility’s attendance policy discriminates against pregnant women and is a violation of the Pregnancy Discrimination Act (PDA), the Americans With Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). They have filed a class-action lawsuit in the U.S. District Court for the Northern District of Indiana; Hills worked at a retail store in Elkhart, Ind.
Glossier Hit With a Lawsuit Alleging It Violates the Americans With Disabilities Act
Racked
The beauty brand Glossier was just slapped with a potential class-action lawsuit alleging that its website is not accessible for blind customers to use. The company is not alone, though. The same plaintiff, Kathleen Sypert, filed identical complaints against multiple other businesses the same day, including the fashion chain AllSaints, Beecher’s Cheese, and several medical imaging centers, all in New York state.
In the suit filed last week, Sypert, who is blind, says that she was denied “goods and services” because she encountered “multiple access barriers” while navigating Glossier’s site. Glossier is a direct-to-consumer beauty brand that also has a New York City showroom that functions as a brick-and-mortar retail space, and it just opened a store in LA. Presumably its website drives the majority of its sales. (Glossier and AllSaints did not respond to multiple requests for comment.)
“If the website was equally accessible to all, the plaintiff could independently navigate the website and complete a desired transaction, as sighted individuals do,” the complaint reads.
When using computers and phones, blind and visually impaired people can use technology like screen readers, which translate text on a screen into audio. When there are images, graphics, or tables that don’t contain alternate text, or “alt-text,” that describes what is in the image or graphic, screen readers can’t process that information. That renders those parts of the website inaccessible to people who rely on this technology. (There’s a set of recommendations called the Web Content Accessibility Guidelines (WCAG) that suggest ways website developers can accomplish this.)
The Rising Tide of ADA Litigation Against Health Care Entities
Over the past several years, health care entities have increasingly become the target of private and government plaintiffs complaining of disability discrimination. A crescendo of litigation has engulfed the health care industry—and most notably of late, “drive-by” litigation attacking the perceived failure of health care entity facilities and websites to accommodate the needs of persons with disabilities consistent with the requirements of the Americans with Disabilities Act (ADA).
Read the full article below or here: The Rising Tide of ADA Litigation Against Health Care Entities (©Copyright 2018, American Health Lawyers Association, Washington, DC. Reprint permission granted.)
Kiwanis asks community members to cast their vote to win $25000 for ADA equipment
State Gazette
Dyersburg Kiwanis Club needs your help! Kiwanis International is now offering a chance to win $25,000 through its Legacy to Play event, with proceeds designated to help fund new playground equipment from Landscape Structures Inc. Kiwanis board member Shari Tidwell says Dyersburg is currently one of 19 cities to enter for a chance to compete for the funds nationwide.
“Our present Kiwanis Park has playground equipment for children but not for children with special needs. Our community school systems have approximately 50 kids with mobility deficiencies and need access to playground equipment for disabilities We have a great lovely area shaded by a large, old tree. It would be great for these disabled children to play if we had the proper equipment for them,” said Tidwell.
The contest is open to all regardless of membership in Kiwanis. Supporters are asked to cast their vote online at: https://wyng.io/WjyQ2q. From there, type ‘Dyersburg’ into the search engine to display the Kiwanis Park and vote. Votes may be cast once per person, per 24-hours. The city with the most votes wins. Tidwell says funds, if awarded, will be used for the purchase of ADA playground equipment for the Kiwanis Park in Dyersburg, located on Tickle Street.
Consumer alleges Advance America does not have accessible parking for disabled customers
Northern California Record
A wheelchair user alleges he was denied full access to a Hawthorne business because of barriers in the parking lot.
Carmen John Perri filed a complaint on April 30 in the U.S. District Court for the Central District of California against Advance America, Ramin Farzam and Does 1-10 over alleged violation of the Americans with Disabilities Act and Unruh Civil Rights Act.
According to the complaint, the plaintiff alleges that on April 17, he went to defendants' business to get pricing information when he encountered difficulty accessing the parking spaces in the parking lot. He alleges the parking area is not in compliance with the ADA. As a result, Perri claims he was denied full and equal access, which caused him difficulty, humiliation and frustration.
The plaintiff holds Advance America, Farzam and Does 1-10 responsible because the defendants allegedly had no policy or plan in place to ensure compliant access to parking spaces for persons with disabilities.
The plaintiff requests a trial by jury and seeks judgment for actual damages and statutory damages of no less than $4,000 per violation, attorneys' fees, litigation expenses and costs of suit. He is represented by Joseph R. Manning, Jr. and Michael J. Manning, Craig G. Côté of Manning Law, APC in Newport Beach.
U.S. District Court for the Central District of California Case number :18-cv-03615-MRW
Judge recommends jail time for man who used the Americans With Disabilities Act to extort money from businesses
KOAA.com Colorado Springs and Pueblo News
Terrell Frederick used the Americans with Disabilities Act to make money and now he, his attorney and third-party law firm are in trouble.
In 2017, News 5 Investigates uncovered an elaborate scheme to extort money from local business owners.
One case went to federal court and in a bombshell ruling, the magistrate judge has recommend possible jail time for the plaintiffs.
Over a two-week time period, Frederick filed 43 nearly identical lawsuits against Colorado Springs businesses, alleging they weren't complying with the Americans with Disabilities Act.
The Online World at Risk of ADA Lawsuits
JD Supra
Lawsuits and enforcement actions over websites’ accessibility to disabled people have swamped businesses, as well as colleges and universities over the past several years.
“We’ve seen such a spike in the last few years in threatened litigation and enforcement actions,” says Susan Deniker, an attorney with the law firm Steptoe & Johnson PLLC who focuses on labor and employment law, litigation, and education law. “We’ve seen this hit many different industries. Any business that has a public website faces these issues.”
According to CBS News, hundreds of companies, including such major corporations as Nike and Burger King, face class-action lawsuits under the Americans with Disabilities Act over the accessibility of their websites. Deniker says that colleges and universities have also become targets as the internet has become more important to their missions.
Americans with Disability Act Regulations That May Surprise You
Business News Daily
Global Accessibility Awareness Day, the third Thursday of May, is dedicated to celebrating and raising awareness of the products, services and environments that are accessible to people with disabilities. More than 50 million Americans live with disabilities, but people with disabilities have more freedom and opportunity to live independently now than ever before, and there are laws in place to help protect that freedom.
The Americans with Disabilities Act, or ADA, is a Federal civil rights law that prohibits businesses from discriminating against people with disabilities. While some ADA regulations may seem obvious, there are some that small business owners may not be aware of, and possibly not in compliance with.
Of course, it makes sense that such regulation would prohibit the exclusion of people with disabilities from everyday actions such as shopping, eating at a restaurant, going to the movies, etc. But there are other rules you may not know. Here are four ADA laws small business owners should know.
ADA lawsuit claims neglect
The Sun
A legally blind student has filed a lawsuit against the college after he fell and broke his leg stepping off a curb that was too high to meet ADA standards.
A former college grounds supervisor said campus officials knew the curb was dangerous and ignored the problem.
Man alleges Gardena business has barriers that restrict access for disabled customers
Northern California Record
A wheelchair user alleges a Gardena restaurant did not maintain a parking space for patrons with disabilities.
Jesus Aparicio filed a complaint on April 30 in the U.S. District Court for the Central District of California against Khin Tan, doing business as Hong Kong Express, and Does 1-10 citing the Americans with Disabilities Act and the Unruh Civil Rights Act.
According to the complaint, the plaintiff alleges that on Oct. 24 and again on Dec. 8, 2017, he was discriminated against both times while using the facilities of the defendants because of defendants' failure to maintain the parking space designated for persons with disabilities.
The plaintiff holds Tan and Does 1-10 responsible because the defendants allegedly failed to comply with the federal and state standards for an ADA-compliant parking space by failing to post the required handicap parking signage and failed to maintain the parking space.
The plaintiff requests a trial by jury and seeks judgment against defendants for preliminary and permanent injunction; award of statutory, general and treble damages; restitution; attorney’s fees; litigation expenses; costs of suit; interest and further relief as the court deems just. He is represented by Kevin Hong of Advanced Disability Advocates in Los Angeles.
U.S. District Court for the Central District of California case number 2:18-cv-03644
Glossier Added to Long List of Brands Being Sued for Allegedly Violating Americans with Disabilities Act
The Fashion Law
You can add Glossier to the increasingly long list of brands that have been slapped with lawsuits for allegedly violating a federal civil rights statue in connection with their websites. According to a lawsuit filed in New York federal court last week, plaintiff Kathleen Sypert alleges that the Emily Weiss-owned cult beauty brand is on the hook for violating the Americans with Disabilities Act (“ADA”) by denying her and other visually impaired individuals “from having full and equal access to its website due to its failure to have screen reader software on it.”
For the uninitiated, in addition to prohibiting discrimination on the basis of race, color, sex, national origin, age and religion, the ADA guarantees equal opportunity to disabled individuals – those who have "a physical or mental impairment that limits one or more major life activities" – in connection with public accommodations, employment, transportation, state and local government services and telecommunications. The prevailing interpretation amongst courts in the U.S. is that while the ADA clearly applies to physical spaces, such as movie theaters and stores, it also applies to websites that are associated with a physical location, such as a brick-and-mortar store.