New Technical Assistance Publication: The Americans with Disabilities Act and Other Federal Laws Protecting the Rights of Voters with Disabilities | PDF | Press Release
Settlement Agreement:
· Alliance NY, LLC | Press Release
· Glenwood Plaza, LLC | Press Release
· Hamilton Initiative, LLC | Press Release
· Subway of Casenovia, LLC | Press Release
· Water Street Seafood Company | Press Release
Letter of Findings re: polling place accessibility: Harris County Clerk’s Office, Texas
Consent Decree: Milwaukee Montessori School (WI) | Complaint | Press Release
Employer risks ADA liability by ignoring treating doctor’s opinion
Noting that an employer ignored an employee’s treating ophthalmologist’s opinion that she could return to work, and instead relied on a state doctor’s opinion that she could not perform her duties, a federal district court in Maryland found a triable issue of fact on whether the employer regarded her as disabled. Moreover, the timing of her termination letter and refusal to let her participate in a leave donation program, among other facts, could raise an inference of discrimination. The court also denied the employer’s motion for summary judgment on the employee’s ADA retaliation claim. However, her failure to accommodate claim failed because an employer is not required to accommodate an employee that it merely “regards as” disabled (Williams v Baltimore City Community College, DMD, September 23, 2014, Russell, G, III).
Kroger Sued by EEOC for Violating ADA
The Kroger Company of Michigan violated federal law by failing to provide a reasonable accommodation to an employee with a disability and then firing her.
Harrison Poultry Sued by EEOC for Disability Discrimination
According to the EEOC's suit, Harrison Poultry, Inc. violated federal law by terminating Nightshift Manager Ronnie Smith rather than granting his request for a reasonable accommodation after he was diagnosed with emphysema. He was discharged days after he requested a 12-day extension to his vacation leave in order to comply with his physician's medical restriction that he not work during that time. The agency alleges Smith was replaced by a person who was hired approximately three months after his discharge.
Disability discrimination violates the American with Disabilities Act (ADA), which requires employers to attempt to make reasonable accommodations for employees with disabilities such as Smith's. The EEOC filed suit after first attempting to reach a pre-litigation settlement through its conciliation process. The EEOC is seeking back pay, compensatory and punitive damages and injunctive relief designed to stop and prevent future disability discrimination.
Papa John’s Discriminated Against Employee with Down Syndrome, EEOC Charges in Suit
The EEOC's lawsuit charges that Papa John's discriminated against Scott Bonn by failing to reasonably accommodate his Down Syndrome and by terminating him because of his disability. According to the EEOC's suit, Papa John's employed Bonn successfully at its Farmington, Utah location, allowing an independently employed and insured job coach to assist him, until an operating partner visited the location. The EEOC alleges that the operating partner, upon observing Bonn working with the assistance of his job coach, ordered Papa John's to fire Bonn.
Such alleged conduct violates Title I of the Americans with Disabilities Act (ADA), which prohibits employers from discriminating against qualified individuals with disabilities by failing to reasonably accommodate their disabilities. The use of a job coach is considered a reasonable accommodation where the situation calls for one.
The EEOC filed suit (EEOC v. PJ Utah LLC, PJ Cheese, Inc., PJ United, Inc., Case No. 2:14-cv-00695-BCW) in U.S. District Court for the District of Utah after exhausting its conciliation efforts to reach a voluntary pre-litigation settlement. The agency is seeking monetary relief including back pay with pre-judgment interest and compensatory damages. The EEOC is also seeking an injunction prohibiting future discrimination and any other curative relief to prevent Papa John's from engaging in any discriminatory practices.
Law.com
In a recent case filed in the District Court for the Western District of Pennsylvania, Cheryl Williams v. Pennsylvania Human Relations Commission, Ms. Williams makes some serious allegations concerning: (1) disability discrimination in violation of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12101-12203 (2009), (2) racial discrimination in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. §2000e and (3) age discrimination in violation of the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. §§621-623. Did the agency whose job is to eliminate discrimination engage in discrimination?
Developer has to pay for violating ADA
West Virginia MetroNews
A Charleston developer has agreed to pay fines, set up a compensation account and retrofit 30 apartment complexes that were not in compliance with the Americans with Disabilities Act.
The settlement between Douglas Pauley and the U.S. Department of Justice was announced Tuesday.
Federal court denies motion to dismiss suit against Monterey County Jail
KIONrightnow.com
The Monterey County Sheriff's Office and the California Forensic Medical Group had asked the San Jose-based court to dismiss the suit
The suit was filed by county Public Defender Jim Egar and the American Civil Liberties Union on behalf of several disabled and sick inmates who claim they weren't provided with adequate care at the jail.
A tale of two new taxis: Wheel-chair accessible taxis and she/taxis
eTurboNews
Two new types of “taxis” will soon be introduced into the New York City transportation market. First, a U.S. federal court recently approved a class action settlement in an action brought by The Taxis for All Campaign which provides for 7,000 wheel-chair accessible medallion taxis by 2020http://www.dnaindo.com/new-york. Second, SheTaxis/SheRides is a car service app intended to provide female drivers of cars which will only carry female passengers. These additions to an already intensely competitive transportation market in New York City featuring, inter alia, the medallion taxi fleet and Uber and Lyft ride sharing services [see Car and Apartment Sharing in New York State and Beyond at www.nycourts.gov/courts/9jd/taxcertatd.shtml] gives tourists additional transportation options when visiting the Big Apple.
Parents of austistic children plan second suit against Disney
OCRegister
A judge transfers the first autism lawsuit against Walt Disney Parks and Resorts from Los Angeles to Florida.