ADA in the news
How to Answer Employee Questions About a Co-Worker's ADA Accommodations
JD Supra
The Americans with Disabilities Act requires employers to provide reasonable accommodations to employees with medical disabilities. The ADA also prohibits employers from disclosing information about an employee’s medical condition absent business necessity. What happens when employees ask questions about why a co-worker is receiving what appears to be preferential treatment? For example, an employee who is a recovering alcoholic is allowed to depart work early two days a week to attend Alcoholics Anonymous meetings. His co-workers demand to know why they are not granted similar scheduling flexibility.
Of course, the legally safest response is for the employer to say nothing. However, the need to maintain peace within the workplace can make silence impractical. In these circumstances, the Equal Employment Opportunity Commission has provided employers with some marginally useful guidance. In a 1997 “Enforcement Guidance,” the EEOC said that an employer may “explain that it is acting for legitimate business purposes or in compliance with federal law.” Perhaps sensing the unhelpfulness of this advice, in a 2007 federal employment decision, the EEOC said that employers could explain that the company has a policy of assisting employees who encounter difficulties in the workplace, and that employee privacy rights prevent the company from providing more details.
Despite this guidance, some employers may believe that they need to disclose additional information to avoid disputes among employees. While the disabled person receiving the accommodation may decide to tell co-workers about the reasons for the special treatment, any such disclosure by the employer runs the risk of an ADA claim based on the statute’s medical confidentiality rules.
Federal Court Finds Telephonic Access Could Be an Alternative to Website Accessibility
Lexology
A federal district court in Los Angeles last week endorsed the possibility that a business may be able to avoid making a website accessible if it provides the same goods and services through telephonic customer service. The U.S. District Court for the Central District of California, in Gorecki v. Dave & Buster’s, Inc., No. 2:17-cv-01138-PSG-AGR (October 10, 2017), found that the U.S. Department of Justice (DOJ) had mentioned this alternative to website compliance in its 2010 Advanced Notice of Proposed Rulemaking. But the court denied Dave & Buster’s motion for summary judgment because it had not established beyond factual dispute that its website direction, which stated, “If You Are Using A Screen Reader and Are Having Problems Using This Website, Please Call (888) 300-1515 For Assistance.,” was itself accessible to screen reading software.
Even though the DOJ has still not issued any regulations or guidance as to what makes a website accessible under the Americans with Disabilities Act (ADA) and recently placed these promised regulations on the “inactive list,” most courts have held that private websites of businesses open to the public must still conform to Title III of the ADA. The Gorecki decision was the first to adopt the DOJ’s statement that “covered entities with inaccessible Web sites may comply with the ADA’s requirement for access by providing an accessible alternative, such as a staffed telephone line, for individuals to access the information, goods, and services of their Web site.”
Pregnant And Want A Workplace Accommodation? Forget It: 'It's Not Prison. You Can Quit!’
Above the Law
“Pregnant women have the right to make their own decisions about working while pregnant, including the risks they are willing to assume. If there may be a potential health concern, it is up to the woman and her doctors to evaluate. Companies must not impose paternalistic notions on pregnant women, as doing so can result in unlawful discrimination.”
Access Board to Host Workshop Comparing Accessibility in the U.S. and Australia
Achieving Access for People with Disabilities in the Built Environment: An International Comparison
November 13, 9:30 – 12:00 (ET), followed by an informal discussion after the lunch break
Access Board Conference Center
1331 F Street, NW, Suite 800
Washington, D.C.
Dial-in Number: (877) 701-1628, International: (517) 268-2743; Passcode: 69545743
CART Link: [to be posted]