ADA in the News October 14, 2021

Club Demonstration Services to Pay $50,000 to Settle EEOC Disability Discrimination Lawsuit

According to the U.S. Equal Employment Opportunity Commission’s (EEOC’s) suit, the employee was working for Club Demonstration Services as a sales advisor at the Costco Warehouse in Juneau when, in June 2017, her manager informed staff they were not permitted to use the bathroom during their six-and-a-half-hour shift except during their two scheduled breaks. The employee, who had a bladder condition requiring more frequent use of the restroom, promptly submitted a doctor’s note requesting that she be allowed additional bathroom breaks. Despite her repeated efforts to communicate her needs, Club Demonstration Services denied her requests and never provided her with additional bathroom breaks, the EEOC said. Failure to accommodate a qualified employee with a disability violates the Americans with Disabilities Act (ADA).


Education, Justice Departments Issue Fact Sheet on Supporting Students at Risk of Self Harm During COVID-19 Era

In recognition of World Mental Health Day, the U.S. Department of Education’s Office for Civil Rights (OCR) and the U.S. Department of Justice jointly issued a fact sheet to support students with mental health disabilities, their families, and their schools in the era of COVID-19. Along with the fact sheet, OCR released a letter to educators highlighting the civil rights obligations of schools and postsecondary institutions to students with mental health disabilities.

The fact sheet entitled Supporting and Protecting the Rights of Students at Risk of Self-Harm in the Era of COVID-19, provides information about federal civil rights laws that protect students with mental health disabilities. It includes scenarios that illustrate when the Department might investigate a potential violation; gives schools and postsecondary institutions a list of action steps to create an environment that is responsive to students with mental health disabilities; and provides educational and crisis resources for students, families, and educators.


Workers with Long COVID-19 and the ADA

The NIDILRR-funded Great Lakes ADA Regional Center, in collaboration with the ADA National Network, will host a webinar, Workers with Long COVID-19 and the ADA, October 19th, 2-3:30 pm ET. Presenters will discuss the long-term impacts of a COVID-19 diagnosis and how medical professionals are determining if the long-term effects of COVID-19 result in Americans with Disabilities Act (ADA) protected disability. Presenters will also discuss potential ADA protections for people diagnosed with Post-acute COVID-19 Syndrome, or Long COVID, how these workers may negotiate and identify reasonable accommodations, and the necessary medical documentation and confidentiality. Participants will have an opportunity to ask questions following the presentation. Registration is free and required.

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