Man accuses Walgreen Louisiana Co. Inc. of disability discrimination
The Louisiana Record
A Jefferson Parish man alleges that a pharmacy has architectural barriers that block access to the disabled.
Lawrence Fultz filed a complaint on May 6 in the U.S. District Court for the Eastern District of Louisiana against Walgreen Louisiana Co. Inc. alleged disability discrimination and failure to uphold Americans with Disabilities Act regulations.
According to the complaint, the plaintiff alleges that on April 5, he re-visited defendant's property in Harvey and experienced serious difficulty accessing the goods and utilizing the services offered therein due to the architectural barriers there. The plaintiff holds Walgreen Louisiana Co. Inc. responsible because the defendant allegedly failed to adopt any alternatives to barrier removal that would provide him with access and failed to provide an accessible restroom.
The plaintiff requests a trial by jury and seeks declaration that the defendant's property is in violation of the ADA, an order directing defendant to alter the property to make it accessible to and useable by individuals with mobility disabilities, attorneys’ fees, costs and other expenses and for such other and further relief as it deems necessary, just and proper. He is represented by Andrew D. Bizer, Garret S. DeReus and Marc P. Florman of The Bizer Law Firm in New Orleans.
U.S. District Court for the Eastern District of Louisiana Case number 2:16-cv-04278
Machinist Can't Manufacture ADA Claims, 5th Cir. Says
Bloomberg BNA
A former machinist for a Texas oilfield drilling pipe company didn't show his termination following a weeklong absence for medical testing was disabilities discrimination, the U.S. Court of Appeals for the Fifth Circuit held ( Delaval v. PTech Drilling Tubulars, LLC , 2016 BL 168721, 5th Cir., No. 15-20471, 5/26/16 ).
McDonald's Discriminates Against Blind Customers, Lawsuit Alleges
Eater
Another day, another lawsuit for McDonald's — and this one doesn't involve mozzarella sticks. A Louisiana man named Scott Magee is suing the fast food chain for failing to accommodate blind customers at the drive-thru during late-night hours.
The lawsuit claims "McDonald’s violates the Americans with Disabilities Act by prohibiting visually impaired pedestrians from ordering at drive-thru windows after restaurant lobbies are closed," CBS Chicago reports. The court complaint cites a specific instance in August 2015 when Magee, who is blind, attempted to order from a McDonald's drive-thru on foot after the restaurant's lobby had closed; Magee says he was refused service and the employees laughed at him. McDonald's company policy is not to serve any drive-thru customers on foot.
Judge: Court discriminated against deaf man by denying mediation interpreter
Indiana Lawyer
A deaf Indianapolis man was discriminated against when a court denied providing him an interpreter during a mediation session ordered in his child custody case. A federal judge ruled Friday that Marion Superior Court’s decision to deny the interpreter in a court-funded mediation program violated the Americans with Disabilities Act.
Zoo Printing Agrees to Pay $110000 to Settle EEOC Disability and Retaliation Discrimination Lawsuit
The National Law Review
Zoo Printing, Inc., a commercial printing company headquartered in California with facilities in New Jersey and Kentucky, will pay $110,000 to settle a disability discrimination and retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced on May 19th. According to EEOC's suit, Zoo Printing violated federal law by firing two employees at its Louisville, Ky., facility because they have the human immunodeficiency virus (HIV). EEOC further alleged that one of the employees, a former human resources assistant, was fired in retaliation for opposing the company's refusal to hire female or applicants with disabilities and the discriminatory termination of an employee with a disability. Disability discrimination, including firing an employee because of his or her HIV status, violates the Americans with Disabilities Act (ADA). Firing an employee in retaliation for opposing discriminatory employment practices, including against people with disabilities and women, violates the ADA and Title VII of the Civil Rights Act of 1964. EEOC filed suit (Civil Action No. 3:15-cv-00727-DJH) in U.S. District Court for the Western District of Kentucky, Louisville Division, after first attempting to reach a pre-litigation settlement through its conciliation process.
Absent health problems, obesity isn't ADA disability
Business Management Daily
Merely being obese is not a disability under the ADA, a federal appeals court has ruled.
Recent case: Melvin was offered a machinist position with BNSF Railway contingent on passing a physical exam. At the time, Melvin, who is 5’10”, weighed about 284 pounds, giving him a body mass index of slightly over 40. The company considered that too high and revoked the offer.
Melvin sued, alleging that he had been denied the job because he was disabled or because BNSF regarded him as disabled, either of which is illegal under the ADA.
The court first analyzed whether obesity is a disability if the individual is otherwise healthy and doesn’t have underlying medical problems that either cause obesity or are caused by it. Melvin’s medical records revealed no blood pressure issues, heart disease, diabetes or other problems or physical restrictions of any kind. Therefore, the court concluded he was not disabled despite being obese.
Then the court ruled that BNSF had not regarded Melvin as disabled. BNSF declined to hire Melvin because it believed his BMI would lead to disease and impairment later, but it emphatically denied believing he was currently impaired. The court agreed and dismissed the case. (Morriss v. BNSF Railway, No. 14-3858, 8th Cir., 2016)
New Minnesota law targets 'excessive' ADA lawsuits
TwinCities.com-Pioneer Press
When Shelly Bartlett opened her Mankato salon, organic market and deli, she didn’t limit her customer base, she said.
She made sure INdiGO Organic’s seating was mobile, ordered specialty massage tables, and personally measured signs and hand rails so people will disabilities could comfortably visit her business. Her work paid off — one of her regular customers is a disabled man who travels 40 minutes to get his hair cut, she said. That’s why why Bartlett was so surprised to be sued for violating the Americans with Disabilities Act for what seemed to her to be minor, technical problems.
Tips for making accommodations under the Americans with Disabilities Act
Knoxville News Sentinel
Tips for making accommodations under the Americans with Disabilities Act
Here lately, inquiries about disabilities in the workplace and how to deal with them fill my inbox.
Googling the phrase "Americans with Disabilities Act" yields 22,400,000 responses. The ADA is a 26-year-old federal law that prohibits discrimination against people with disabilities in employment, transportation, public accommodation, communications, and governmental activities. The ADA also sets forth requirements for telecommunications relay services.
Who's covered by the federal disability law? Employers with 15 or more employees are prohibited from discriminating against people with disabilities by Title I of the ADA. In general, the employment provisions of the ADA require:
• Equal opportunity in selecting, testing, and hiring qualified applicants with disabilities.
• Reasonable accommodation for applicants and workers with disabilities when such accommodations would not impose "undue hardship."
• Equal opportunity in promotion and benefits.
Summer Camp Crackdown: DOJ Enforcement under the ADA
JD Supra
With summer right around the corner, it is time for many parents to start signing up their children for summer camp. For most, enrolling children in camp usually is a smooth and uneventful process requiring the completion of an application form. For parents of children with disabilities, however, admission into summer camp can sometimes be a difficult and complicated process if a child requires accommodations in order to attend and participate in a camp program.
As camps and other summer programs begin preparing for the onset of summer, now is a good time to be reminded of obligations under the Americans with Disabilities Act (“ADA”) which require entities, such as summer camps, to provide accommodations to children with disabilities seeking to enroll and participate in their programs. Summer camps, like many other public and private entities, are subject to the ADA’s requirements. Compliance with the ADA is enforced by the U.S. Department of Justice (the “DOJ”). The hallmark requirement of the ADA is the obligation to provide “reasonable accommodations” to covered individuals. A reasonable accommodation is one that does not fundamentally alter the nature of the program or services provided by the camp or which does not otherwise cause an undue burden on the program. What constitutes an “undue burden” depends on a number of factors; however, it is critical that camps engage in a thoughtful and individualized decision-making process to determine whether a particular child’s needs may be accommodated before summarily dismissing certain applicants from consideration for enrollment.
Elite Mobility Service LLC Announces Latest AM General MV-1 Acquisition
Press Release Rocket
Locally-owned Elite Mobility Service LLC announced today that it has acquired another AM General MV-1 LX to add to its growing fleet of ADA compliant vehicles providing non-emergency medical transportation to disabled and elderly people in the Coachella Valley.
“Our goal is to make life easier by providing reliable, convenient and dignified non-emergency medical transportation, The AM General MV-1 LX is the best vehicle available to accomplish that goal,” says Elite Mobility Service CEO, Paulina Cepeda Cone.
As part of their commitment to their clients and community, the company offers additional services for wheelchair and scooter users including daily living errands, but is not limited to the following destinations: bank, super market, mall, hair dresser, post office.
Elite Mobility Service LLC is a woman and minority owned business, operating in Palm Springs, Cathedral City, Rancho Mirage, Palm Desert, Indian Wells, La Quinta and Indio (pending). CEO Paulina Cone, said “We welcome the opportunity to earn your trust and to deliver the best service in the Coachella Valley.”
Elite Mobility operates AM General MV-1 LX vehicles, the only purpose-built disabled access vehicle in the world. Built in the US, the MV-1 provides superior access for people who use wheelchairs and motorized scooters with room to accommodate 4 additional ambulatory adults. Wheelchair users ride up front in the MV-1, safely secured with wheelchair restraints and seat and shoulder belts. Director of Operations Robert Cone said “The MV-1meets or exceeds the Americans with Disabilities Act (ADA) vehicle guidelines so you know you are always safe with us.”
What supervisors should know about the ADA
News Dispatch
Supervisors do not need to know Congress passed the amendment to the Americans with Disabilities Act (ADA) in 2008 because the Supreme Court’s narrow definition of disability resulted in the denial of protection for many people with impairments including cancer and epilepsy. Now the definition of a disability is broad. So broad, that many employers do not bother to determine whether the employee qualifies; they simply accommodate. Employers should take the time to determine whether an employee qualifies for protection under this law.
Making Our County a Better Place for People With Disabilities
Fairfax County Government NewsCenter
Having a disability also impacts your employment opportunities and earning potential, according to Cornell University’s Disability Statistics:
|
Age 18-64 in Virginia |
People WITHOUT Disabilities |
People WITH Disabilities |
|
Poverty |
9% |
25% |
|
Employment Rate |
79.7% |
36.8% |
|
Annual Individual Earnings |
$48,400 |
$35,300 |
|
Annual Household Income |
$73,300 |
$45,000 |
Although the Americans With Disabilities Act (ADA) was passed more than 25 years ago, people with disabilities continue to face many physical and attitudinal barriers. There is still a lot of work to be done. In our county, this barrier-breaking work is led by the four staff in the Disability Services Planning and Development Office in the Department of Family Services. Their focus is on system-wide change and transformation to make the county a better place for people with disabilities to live, work and play. Examples of this work includes:
- Partnering with and providing training to county agencies to make programs and services more accessible.
- Consulting with local businesses to help them accommodate their customers and employees with disabilities.
- Advocating for a person with a disability who may be facing discrimination or barriers at work or other aspects of their life.
- Empowering people with disabilities with information and assistance with the top three challenges they face in our county – housing, employment and transportation.
- Monitoring compliance with federal, state, and local disability laws.
Tennessee man says Uber driver refused to provide service dog
WATE 6 On Your Side
A recent graduate of Middle Tennessee State University and national board member for the National Federation of the Blind says an Uber driver refused to provide him with a ride because of his service dog.