EIN News
The Arizona Attorney General ("AG") openly admits that they enforce on average less than one ADA Civil Rights violation case per year in regards public accommodations, in spite of the fact that nearly 30,000 such Arizona businesses continue to openly discriminate against individuals with disabilities, according to AID's survey of well over 10,000 business. No wonder discrimination against individuals with disabilities is so rampant in Arizona. "It's because the AG, the agency who is required by law to enforce the ADA, turns a blind eye to the law and attacks those, who at their own expense, take on the task the AG ignores," said Alex Callan, AID's de facto representative.
The Americans with Disabilities Act ("ADA") protects the rights of individuals with disabilities, granting them the same enjoyment of public facilities as those without disabilities. Individuals with disabilities' right to equal access can be enforced through private litigation (as AID does) or by the AG. In the last 10 years, private enforcers of ADA, also known as "Private Attorneys General", as allowed by ARS 41-1492.08 have filed several thousands of civil rights enforcement actions against public accommodations while the AG has filed only 8 according to their own website, and none since 2013. That shamefully less than 1 per year for the AG… See https://www.azag.gov/enforcement-actions/public-accommodation
RealEstateRama
The U.S. Department of Housing and Urban Development announced today a $65 million agreement with the Puerto Rico Public Housing Administration to address longstanding accessibility issues affecting housing for residents with disabilities. Read HUD’s Voluntary Compliance Agreement.
Section 504 of the Rehabilitation Act of 1973prohibits discrimination on the basis of disability in programs and activities receiving federal financial assistance. The Fair Housing Act makes it unlawful to discriminate in the rental or sale of housing or to impose different terms and conditions based on disability.
By entering into the agreement, the Puerto Rico housing administration is taking the critical and necessary actions needed to fully comply with its statutory obligations under Section 504, the Americans with Disability Act, the Fair Housing Act, and the Architectural Barriers Act of 1968.
Employee Wellness Programs Prompt AARP Lawsuit
New York Times
Employers have raced to offer workers a hefty financial incentive to sign up for programs meant to improve their health, submitting personal medical details in the process. But as these programs have spread, so has resistance — with employees dubious about sharing that information with employers.
On Monday, that tension erupted in a federal lawsuit against the government agency that handles the rules on these so-called wellness programs. It is the first major legal challenge of the rules, and will add fuel to one of the hottest debates in health care.
The suit, filed by AARP, the large consumer advocacy group that represents older Americans, argues that these programs violate anti-discrimination laws aimed at protecting workers’ medical information. It also questions whether the programs are truly voluntary, because the price of not participating is high for some workers.
The target of the suit is the Equal Employment Opportunity Commission, the federal agency responsible for issuing the rules governing what employers can do. The agency issued new rules on the programs in May.
The final rules issued by the commission allow an employer to set the incentive as high as 30 percent of the annual cost of a worker’s health insurance coverage. The rules sought to clarify uncertainty over how employers can plan wellness programs. They go into effect in 2017.
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The AARP is seeking a preliminary injunction. The commission declined to comment on the suit, which was filed in Federal District Court in Washington.
He got dementia, but said he still could work. Then his university fired him
CNBC
If you're a boss and an employee tells you they have dementia or Alzheimer's disease, will you let them keep their current job?
That question — and an employer answering "no" to it — are at the center of a new lawsuit against a Connecticut university.
Gary Reho says he was fired from his job as an athletic center director in violation of federal disability rights law after he told the school he had been diagnosed with the onset of dementia.
Reho's federal suit against Sacred Heart University is one of the few such known cases in the United States.
Complaint forces Pekin City Council action on ADA compliance
Morton Times-News
The Pekin City Council on Monday will vote on two items that are a direct result of a complaint filed against the city with the Federal Highway Administration.
Pekin City Councilman Tim Golden’s complaint, which was filed in January 2014, was related to accessibility to public right of way. The FHWA sent a letter of findings to the city in December of 2015 that indicated the city did have a transition plan, but was in violation of the Americans With Disabilities Act since it did not include a plan for updating the public right of way to comply with ADA standards.
City to ensure crosswalk buttons meet ADA requirements
KOB.com
After a woman voiced her concerns, the City of Albuquerque took action Friday on making sure all crosswalk buttons are ADA compliant during the Albuquerque Rapid Transit construction.
This week crews began the heavy construction phase for ART along nine miles of Central Avenue from Louisiana to Coors. Many sidewalks have been ripped up or moved, including the buttons pedestrians push to cross the street.
Man files lawsuit over lack of captions at South Side Works Cinema
Pittsburgh Post-Gazette
A Pittsburgh man has filed a federal lawsuit against Cleveland Cinemas and the Soffer Organization, alleging the companies that own and run the SouthSide Works Cinema have violated the Americans with Disabilities Act by refusing to display captions at movie theaters.
FMLA offers 4 leave-year options
Albuquerque Business First
The Family and Medical Leave Act (FMLA) entitles eligible employees of covered employers to take 12 weeks of unpaid, job-protected leave in a 12-month period for specified family, medical, and military family-related reasons.
While that may seem straightforward, things get a bit more complicated when employers consider their options in defining that 12-month leave period.
Federal review finds Canyon, ADA polling sites not compliant with disabilities law
KBOI-TV
A U.S. Department of Justice investigation has found that only four of 25 Canyon County polling locations surveyed during the Republican primary earlier this year qualified as fully accessible to voters with physical and visual disabilities.
A similar survey of 27 polling sites in Ada County during the March primary showed that not a single one fully complied with the Americans with Disabilities Act, the 1990 civil rights law that prohibits discrimination of those with disabilities in all aspects of public life.
The DOJ survey, the first of its kind in Idaho, identified a variety of problems and barriers to full access, including ramp slopes deemed too steep, insufficient signage for disabled parking, building doors and doorways that failed to meet width standards and disabled parking spaces that fell short of standards set forth in the law. In an Aug. 17 letter to the county, Assistant U.S. Attorney Jessica R. Gunder said a majority of the issues identified in the survey could be remedied before Election Day on Nov. 8 with temporary measures.
From Bathrooms To Body Art: Emerging Issues In Employment Law
Above the Law
In-house lawyers often wear many hats, especially at smaller companies with modest legal departments (and budgets). One common hat: head of human resources. Given the web of complex federal and state laws regarding labor and employment, tasking a lawyer with this function makes sense. But the changing landscape of employment law can make serving in this role challenging, especially if the in-house lawyer must juggle HR duties with other responsibilities.