ADA in the News: November 20, 2017

Another threat to business websites — this time through the ADA

Miami Herald

The Americans with Disabilities Act (ADA) is a civil rights law passed in 1990 that prohibits discrimination against individuals with disabilities. While the ADA’s effect has been net-positive on the lives of millions of Americans, drawbacks and unintended consequences have emerged that pose a significant risk to businesses and business owners.

New Haven police detective using dog claims disability discrimination

New Haven Register

A police detective who is an Army veteran with post-traumatic stress disorder is alleging the city is discriminating against him over the use of a service dog used to treat his condition.

New Haven police Detective Ryan McFarland has filed a Commission on Human Rights and Opportunities complaint against the city of New Haven alleging the city is denying “reasonable” accommodation for his PTSD treatment, which includes the use of a trained dog.

Employee fired days after announcing intent to take leave advances FMLA claims
An employee who was fired for falsifying company records days after receiving a positive performance review during which he allegedly told his supervisor he intended to arrange for upcoming FMLA leave can proceed to trial on his FMLA interference and retaliation claims, a federal district court in Missouri ruled, denying his employer's summary judgment motion. Fact disputes precluded the court from determining whether the employer's reason for terminating the employee had any basis in fact and whether the employer conducted an investigation into the employee's conduct in good faith and therefore, whether it honestly believed he falsified records. (Diamond v American Family Mutual Insurance Co, WDMo, November 9, 2017, Ketchmark, R.)

Months after law took effect, FL's new tool to stop ADA lawsuit abuse is finally available for use

Fox 4

The owners of Truffies stationary shop in West Palm Beach are among the latest Florida business owners who thought they were A-D-A friendly only to get slapped with a lawsuit alleging their business violates the Americans with Disabilities Act.

Student sues university (and wins) for ADA violations over service dog in sorority house

wtkr.com

A judge has decided that a sorority sister who uses a service dog can return to live in the Chi Omega house at The Ohio State University for now, even though another sister claims that she’s allergic to the dog and it’s making medical conditions she suffers from even worse.

Judge allows sorority sister to keep the dog that helps her with panic attacks

ohmidog!

A judge has decided that a dog who helps a sorority sister get through anxiety attacks can remain in the Chi Omega house at Ohio State University — at least for now.

U.S. District Judge Algenon L. Marbley on Friday granted a preliminary injunction to prohibit the university from banning the Cavalier King Charles Spaniel, named Cory, from the house on the grounds that the dog was creating health problems for another sorority member.

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