ADA in the News: May 25, 2018

Separate but ADA-compliant

Dailyuw

Physical accessibility on campus

Leave It To California - Post FMLA/CFRA/PDL Leave and FEHA

When must an employer provide leave time in addition to FMLA/CFRA-type leave as a reasonable accommodation? The answer to that question, as with many other leave-related questions, may depend on your location on the map.

Senate passes bill to permit homeless people with service animals at shelters

Portsmouth Press

The Rhode Island Senate recently passed legislation sponsored by Sen. James A. Seveney (D-Dist. 11, Portsmouth, Bristol, Tiverton) that would prohibit homeless shelters from refusing people with service animals.

The bill (2018-S 2133) would amend the Homeless Bill of Rights to protect homeless persons in possession of a service animal, as defined under the Americans with Disabilities Act from being denied access to any homeless shelter in violation of the ADA or the state or federal Fair Housing Practices Acts.

Employee Protections Against Wrongful Termination

SF Weekly

Q: “I have a friend recently who was terminated by a multibillion-dollar company for not showing up to work. He had been5150’d and was under psychiatric hold as required by his doctor. His then-girlfriend called to let the employer know that he was in the hospital and would call as soon as he was able. He has fired anyway. Doesn’t the ADA require that he be given reasonable accommodation?”

A: Kate, your question touches on two laws: the Americans with Disabilities Act (ADA) and the California Family Rights Act(CFRA).

The ADA has two relevant provisions protecting employees with disabilities. The first prohibits discrimination based on the perception of a disability. Under California law, a disability is any condition, including mental illness, that “limits” one or more major life activities (working, breathing, walking, caring for themselves, etc.). In your friend’s case, the termination might be unlawful if his employer heard about his involuntary psychiatric hold, subsequently perceived him as disabled and proceeded to terminate him on that basis.

Lawsuit: California must find nurses for disabled children

KCRA Sacramento

California isn't doing enough to get in-home nursing care for children with severe disabilities, advocates claimed in a lawsuit filed Thursday.

The state is obligated to find nurses for low-income children on Medi-Cal but does little more than send lists of names, the lawsuit said. It said children are at risk of being injured or institutionalized because the Department of Health Care Services fails to ensure they get the nursing care ordered by their doctors and approved by the agency.

Wheelchair user presses claims vs Cubs over ADA seating; Cubs: Wait til Wrigley renovations wrap up

Cook County Record

A wheelchair user is trying to keep a federal judge from dismissing his complaint accusing the Chicago Cubs of violating the Americans with Disabilities Act when renovating Wrigley Field and redesigning some seating areas.

In a complaint filed Dec. 15 in federal court in Chicago, David F. Cerda sued the Cubs saying Wrigley Field renovations prevent him from watching baseball games from the right field bleachers and from seeing the whole game when he sits behind home plate. On April 6, the Cubs asked U.S. District Judge Jorge L. Alonso to dismiss Cerda’s complaint; he filed his response to that action on May 18.

Advocate says polling place is not accessible for people with disabilities

WRDW-TV

An advocate for people with disabilities says the voting location at Christenberry Field House is not ADA complaint.

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