Celebrating Native American Heritage Month and the 25th Anniversary of the Americans with Disabilities Act (ADA)
The Justice Blog
Legally blind individual sues the NBA over digital barriers on website
Lexology
On November 6, a legally blind individual filed a complaint against the NBA, alleging a violation of the Americans with Disabilities Act and seeking a permanent injunction requiring the NBA to (i) implement corporate policies that ensure website accessibility for the blind; and (ii) format its website so that it is compatible with screen reading or text-to-audio software, upon which the visually impaired rely to use the internet. Jahoda v. National Basketball Association No. 2:15-cv-01462 (W.D. Pa. Nov. 6, 2015). The complaint asserts that merely formatting the website so that it is compatible with a screen reader will not solve the larger issue: “Web-based technologies have features and content that are modified on a daily, and in some instances an hourly, basis, and a one time ‘fix’ to an inaccessible website will not cause the website to remain accessible without a corresponding change in corporate policies related to those web-based technologies.” According to the complaint, the defendant’s website denies blind individuals equal access to the site because (i) information provided by scripting language is not identified with functional text that can be read by assistive technology; and (ii) people using assistive technology do not have access to the information, field elements, and functionality required to complete and submit an electronic form.
Résumé reveals disability? How to respond
Business Management Daily
Don’t allow hiring managers to quickly sort résumés from disabled applicants into the “No” pile. It’s an increasingly popular practice, a new study shows, but decidedly unlawful.
Think twice before suddenly withdrawing ADA accommodation that's been working
Business Management Daily
Once you have an accommodation in place for a disabled employee, don’t suddenly take it away. If the accommodation has been working, that may spur an ADA lawsuit.
EEOC Sues Employer Who Allegedly Refused to Hire Methadone User
The National Law Review
In the last three years, the Equal Employment Opportunity Commission has filed numerous lawsuits against employers who take adverse actions against applicants and employees who use prescription medications. In accordance with that trend, EEOC filed suit on November 3, 2015 against an employer who purportedly refused to hire a recovering drug addict using methadone, alleging violations of the Americans with Disabilities Act (“ADA”). EEOC v. Randstad, US, LP, 1:15-cv-03354 (D. MD. Nov. 3, 2015).
Disabilities: Employers must listen carefully to requests for accommodations
HR.BLR.com
Sometimes it seems obvious that certain jobs require certain abilities. For example, pilots must have good vision to fly planes. And firefighters must be physically able to rescue people from burning buildings. But with other jobs, the job qualifications aren't so obvious. That means the interactive dialogue between employers and employees or job applicants is even more important when a reasonable accommodation is requested.
FMLA and ADA interplay part XI: Independent medical examinations
Compensation.BLR.com
Both the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) often apply to employees who are seriously ill or injured. When this happens, employers may be required to grant leave and to accommodate the employee under both the FMLA and the ADA. This article series examines similarities and differences between the FMLA and ADA.
FMLA and ADA interplay: Disqualifying events under FMLA and ADA
Compensation.BLR.com
What employee actions (or inactions) are considered disqualifying events under the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA)? A disqualifying event is generally defined as a failure or refusal to provide necessary information. Here are the specific circumstances under the ADA and FMLA.
The bathroom dilemma in the news - transgender rights on the front page
Lexology
The world is evolving as we speak and the concept of gender is becoming more fluid. The key to compliance is understanding: understanding the law in your specific jurisdiction, revising your policies and practices, and investing the time to explain these laws to those who may have questions or concerns.
How Job Seekers With Disabilities Can Beat Discrimination
Business 2 Community
It’s no secret the deck is already stacked against people with disabilities. Tasks most take for granted — things as simple as climbing the stairs to get to our favorite restaurant, for example, or taking advantage of public transportation — are orders of magnitude more difficult for those of us who, through no fault of our own, have trouble getting around.
What might be surprising, though, is the amount of bias and outright discrimination individuals with disabilities have to contend with, even in the year 2015, and even in an ostensibly enlightened country such as ours. To be more specific, finding a job is considerably more difficult for disabled persons.