ADA in the News: May 26, 2015

Independent Living Centers Advocate to Break Down Mobility Barriers for Californians with Disabilities

PharmiWeb.com

Transportation and mobility play key roles in the struggle for civil rights and equal opportunity in the disability community. As the nation prepares to celebrate the 25th anniversary of the Americans with Disabilities Act (ADA) Independent Living Centers (IL-Cs) continue to advocate for barrier-free access.

"Transportation opens doors for people with disabilities and is key for ensuring access to employment education living independently and being part of the community" explained Rebeca Aguirre California State Independent Living Council (SILC) member.

Although the ADA resulted in improvements such as sidewalk ramps at street corners audible traffic signals low-floor buses with ramps and wheelchair lifts and accessible building entrances significant obstacles still exist.

"Architectural barriers preventing access to transportation services such as a bus without a wheelchair lift or a pole in front of a subway door can be eliminated with careful planning and input from the disability community" noted Aguirre.

McPhee Electric and Bond Brothers to Pay $120000 to Settle EEOC Disability Discrimination Suit

The National Law Review

McPhee Electric Ltd., a construction company with offices in Connecticut, and Bond Brothers, Inc., a construction management and design company with an office in Connecticut, will pay $120,000 to settle a disability discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced.

In its lawsuit, the EEOC charged that McPhee and Bond unlawfully refused to hire an applicant as a carpenter because of his disability, dyslexia, which substantially limits his ability to read. The applicant had 15 years of experience as a carpenter. He also had numerous construction safety training certifications and a clean safety record. However, Bond and McPhee refused to hire him after learning about his dyslexia while asserting that the applicant would present a safety risk.

Transition to Uber and Lyft leaves disabled at curb

TBO.com

Articles are in the news frequently about the ride-sharing companies, Uber and Lyft. Classified as Transportation Network Companies (TNCs), they have become very popular here in Tampa and all over the U.S. and nations throughout the world, especially with the millennial generation.

They are generally cheaper and quicker to hail than taxis. But you rarely read anything about the fact that they do not provide accessible transportation service to mobility-impaired passengers who use wheelchairs, canes, walkers, crutches and have guide dogs.

Weprin's Disabilities Awareness Legislative Package

Western Queens Gazette

In an effort to further improve the quality of life for New Yorkers living with disabilities, the Assembly passed a series of bills and legislative resolutions sponsored by Assemblyman David I. Weprin (D-Fresh Meadows) on May 11. As Chair of the Assembly Task Force on People with Disabilities, Weprin said that these four bills and two resolutions are crucial for fulfilling the promise of independent living to those who have disabilities.

Quirky Question #261, When will our employee return?

JD Supra

We’re a large company with offices in many locations, including in California, Minnesota, Washington and New York City.  We often have disabled employees provide doctors’ notes that say they are unable to work, but that do not provide an expected date the employee will be cleared medically to return.  When we ask these individuals for a return date, they usually say they don’t know or that their doctor told them they need to be off work for “as long as necessary.”  We have no idea whether this means one week or one year.  Do we have to grant employees leave if there is no end in sight?  It makes planning on our end very difficult.

Employers Rally Behind Wellness Bills

Workforce Management

A federal lawsuit filed in October 2014 seeking to prevent Honeywell International Inc. from penalizing employees who don’t participate in its wellness program angered many business leaders who are now rallying behind proposed legislation that reaffirms the right of employers to use wellness incentives.

Two companion bills, under the Preserving Employee Wellness Programs Act of 2015, were introduced in March by Senate and House Republicans “to provide legal certainty — and eliminate confusion caused by the EEOC for employers offering wellness programs that reward healthy lifestyle choices,” according to a House Committee statement.

Six Local Hotels Violate Disabilities Act

New Haven Independent

Six hotels in New Haven were found to have discriminated against people with disabilities, according to a federal investigation.

The U.S. Attorney’s Office reviewed 12 randomly selected hotels in and around New Haven to ensure they were not violating the Americans with Disabilities Act (ADA).

Inspectors found violations in half of those hotels.

Three of the six in violation—La Quinta Inn and Suites, Courtyard Marriott and New Haven Hotel—have entered into settlement agreements with the government to address the violations.

Arkansas Treasurer Settles Civil Rights/Disability Lawsuit

Insurance Journal

An attorney for Republican Treasurer Dennis Milligan said his client reached a $30,000 settlement with Marilyn McDaniel. McDaniel claimed she was fired from her position as an assistant in the clerk’s office because of her disability and in retaliation for a complaint she had filed.

 

Doctor's note plus knowledge of workplace incident may have been sufficient notice under FMLA
Disagreeing with a district court's determination that a police officer failed to provide sufficient notice of a serious condition qualifying him for intermittent FMLA leave, the Sixth Circuit, in an unpublished opinion, found that a doctor's note limiting his workday to eight hours together with the employer's knowledge of a serious health-related incident at work (chest pains) provided evidence that his superiors were aware of his potential FMLA-qualifying condition. Further, because he provided sufficient evidence of the elements for a constructive discharge, the appeals court found that he established a fact issue as to whether he was denied a benefit under the FMLA. The grant of summary judgment on his FMLA retaliation claim was reversed as well because a reasonable jury could conclude he was targeted in such a way as to compel him to resign. (Festerman v County of Wayne, 6thCir, May 8, 2015, McCalla, J.)

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