Fighting Discrimination in Employment Under the ADA
The ADA expands equal employment opportunity and full inclusion for people with disabilities. Through its work to implement the ADA, the Department of Justice is breaking down barriers to employment for individuals with disabilities.
Justice BLOG: Breaking Down Barriers to Employment for Individuals with Disabilities
Courtesy of Deputy Assistant Attorney General Eve Hill of the Civil Rights Division
In honor of National Disability Employment Awareness Month, the Civil Rights Division is highlighting the Americans with Disabilities Act (ADA) as a gateway to equal opportunity in the workplace. Work is a fundamental part of adult life for people with and without disabilities. It provides a sense of purpose, shaping who we are and how we fit into our community. Meaningful work – being a contributing part of society – is essential to people’s economic self-sufficiency, as well as self-esteem and well-being. This year, as we celebrate the 25th anniversary of the ADA, the Department of Justice is breaking down barriers to employment for individuals with disabilities through its enforcement efforts.
2nd Circuit revives depressed medical student's ADA case over denial of more time to study
ABA Journal
A medical student did get due process when he was dismissed by the University at Buffalo School of Medicine. But a federal district judge erred in granting summary judgment to the medical school concerning Maxiam Dean’s claim under the Americans with Disabilities Act, a federal appeals court ruled last week.
Absent a showing that the accommodation requested by Dean would have imposed an undue hardship on the medical school, the ADA case should not have been dismissed, held the 2nd U.S. Circuit Court of Appeals.
The medical student had sought additional time to study for his Step 1 exam, while medication he was taking for his diagnosed depression took effect.
The New York City-based appeals court also said in its Oct. 6 opinion (PDF) that the medical school had the burden of showing undue hardship, after the plaintiff “met the light burden of producing evidence as to the facial reasonableness or plausibility of the accommodation.”
Parker MacKay is one of the lawyers representing Dean in the case.
“My client wants to go back to medical school and this is a part of that process,” he told the New York Law Journal (sub. req.) on Tuesday. “Now the 2nd Circuit has said he can go back and pursue these claims; there’s hope on that front.”
Lexology
No – the Sixth Circuit Court of Appeals recently rejected a failure-to-accommodate claim brought by an employee who worked without accommodation for two years after he requested and then retracted his request for accommodation.
In Aldini v. Kroger Co. of Michigan, the employee initially requested a lifting restriction of no more than 25 pounds and a 15-minute break every two hours. No. 15-1044 (6th Cir. Oct. 7, 2015). After his supervisor told the employee that lifting more than 25 pounds was an essential requirement of the job, the employee went back to his doctor who cleared him to work without restrictions. The employee then worked for two years without requesting any further accommodations before filing a charge of discrimination with the EEOC for alleged violations of the Americans with Disabilities Act (ADA).
The Sixth Circuit quickly disposed of the employee’s failure-to-accommodate claim. The court reasoned that the employee’s retraction of his request for accommodation meant that the employee could not satisfy his burden of proving that he requested an accommodation or that the employer was aware of his need for an accommodation. The court stated that the employee’s decision “decision to withdraw his request and continue working without complaint means his claim must fail and summary judgment is appropriate.”
Takeaway: If an employee retracts a request for accommodation and then continues to work for a long period of time without accommodation, the employee likely cannot succeed on a failure-to-accommodate claim under the ADA.
Amazon reaches deal with deaf group for more video captioning
The Hill
Amazon has agreed to provide captioning on nearly all of its videos for rent or sale by 2016 as part of a deal with the National Association of the Deaf (NAD).
The deaf advocacy group announced that by the end of next year, Amazon will caption 100 percent of movies and television shows that have been watched at least 10 times in a three-month period.