ADA in the News: November 25, 2015

DOJ Delays Rulemaking on Website Accessibility

Bloomberg BNA

Disappointing advocates for sight-impaired Internet users, the U.S. Department of Justice has delayed for at least two more years regulations explaining how e-commerce websites can comply with the Americans With Disabilities Act.

The DOJ announced Nov. 19 that it will put off until 2018 the release of website accessibility regulations for businesses. The government's delay puts e-commerce website operators in a difficult position: incur arguably unnecessary costs to make their websites more accessible or risk litigation from blind users who claim that changes are legally required now.

State and local governments, however, can expect DOJ to publish a notice of proposed rulemaking (NPRM) in early 2016, according to the agency's statement of regulatory priorities.

Disabled Boston sportscaster files discrimination lawsuit against golf club

Fox News

Lobel, 71, who enjoys playing golf but must use an adaptive cart due to a degenerative condition, has filed a discrimination lawsuit against an Auburndale, Mass., golf club that has barred him from using the cart on its putting greens. David Garfinkel, manager of Woodland Golf Club, offered a written statement that said a test his staff conducted determined Lobel’s cart would cause damage to the green, thus placing an undue burden on the club, which is funded through fees from its hundreds of members. The statement also said Woodland does not permit the use of any golf carts on its green. Garfinkel declined to comment further for this FoxNews.com article.

Webster revamps disabled's video/voice access

Hartford Business

Webster Bank will beef up disabled customers' video/voice access to its services at all of its branches under a settlement with federal authorities, prosecutors say. More Connecticut banks may be required to follow suit.

Suit Over Flatulent Pork Roll Employee Raises Rare ADA Claim

New Jersey Law Journal

A suit alleging a Trenton pork roll company fired its comptroller because of his flatulence drew widespread media coverage, but the plaintiff's rarely-litigated cause of action was lost in all the attention.

Disability law experts said the plaintiff faces an uphill battle in her suit, which brings a claim for discrimination by association, alleging she suffered harassment from bosses over her husband's health problems.

Louann Clem's suit against Case Pork Roll Co. drew the attention of media outlets in Taiwan, India, Great Britain and all over the United States, all of which generally focused on the firing of Clem's husband for flatulence after he had gastric bypass surgery. But the plaintiff's husband, who was comptroller for the company, is not a party in the suit because his case is pending before the U.S. Equal Employment Opportunity Commission.

Are you prepared for medical cannabis?

Lexology

Medical marijuana (MMJ) is now permitted in 23 states and Washington D.C. Out of those 23 states four of them permit recreational use. Though it remains illegal on the Federal level, the U.S. Department of Justice recently announced the release of over 6,000 inmates convicted of nonviolent drug charges. This begs the question – are you prepared for medical cannabis in the workplace?

Looking backward and forward: a review of key EEOC developments, successes and failures in FY 2015 and what to watch for in FY 2016

Lexology

The EEOC reached major milestones in FY 2015. The agency celebrated its 50th anniversary and the 25th anniversary of the Americans with Disabilities Act. As significantly, the EEOC was a party to two cases before the U.S. Supreme Court, EEOC v. Mach Mining, LLC1 and EEOC v. Abercrombie & Fitch Stores,2 and had a prominent role in Young v. UPS,3 as the impact of the agency’s 2014 guidance on pregnancy discrimination4 was discussed in the Court’s decision.

This Insight provides a summary of key agency and case developments over the past fiscal year, concentrating on the EEOC’s focus on systemic5 investigations and related litigation and the EEOC’s current priorities based on its Strategic Enforcement Plan (SEP).6

Feds: NC not complying with agreement on mentally ill

Winston-Salem Journal

The U.S. Justice Department has warned state health officials that they are failing to comply “in multiple ways” with a requirement to move eligible residents with mental-health conditions from adult-care homes to independent housing.

Dispelling myths about service dogs

FH Times

So much incorrect information about service dogs has circulated over the years that Anne Wicklund decided to dispel myths and write a book of truths.

With input from her husband Wayne, she published a “Handbook for Service Dogs” in August. Fountain Hills resident Mary Ann Bosnos edited the 108-page book.

The book is written for people interested in knowing more about service dogs and their options, said Wicklund.

“Service dogs can be trained to assist people with a wide range of medical needs from Post-Traumatic Stress Disorder (PTSD) to hearing problems to mobility issues. But how can they help and where exactly are they allowed to go?” said Wicklund.

She answers those questions and many others, as well as clearing away misinformation.

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