ADA in the News October 27, 2021

Trimark Foodcraft Agrees to Pay $25,000 to Settle EEOC Disability Discrimination Lawsuit

According to the U.S. Equal Employment Opportunity Commission’s (EEOC's) complaint, Perry is an individual with a disability who worked for Trimark through a temporary placement agency as an accounts payable costing clerk. In December 2018, Perry was admitted to the hospital for breathing complications related to her disability. Perry attempted to return to work, but when she notified Trimark that she required the use of a personal oxygen device and would need to bring it to work with her, Trimark fired her. The EEOC's position is that Trimark had a legal obligation to permit Perry to use her oxygen tank at work as a reasonable accommodation and that it unlawfully discharged her because of a disability.


Settlement Agreement Between the United States of America and Tweetie Nails, LLC D/B/A Diva Nails

This matter was initiated by a Diva Nails customer, who filed a complaint with the United States Department of Justice, alleging that Diva Nails discriminated against him on the basis of his disability in violation of Title III of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12181-12189. Specifically, the Complainant alleged that the owner of Diva Nails informed him that he could not return to Diva Nails for future services after another customer (known to Complainant) disclosed that Complainant had tested positive for the human immunodeficiency virus (“HIV-positive”).


U.S. Access Board Issues Technical Bulletins on Lavatories and Sinks, Washing Machines and Clothes Dryers, and Saunas and Steam Rooms

The U.S. Access Board has released technical bulletins on accessibility to lavatories and sinks, washing machines and clothes dryers, and saunas and steam rooms. This material addresses specifications for clear floor space, knee and toe space, forward and side reach, operable parts, height, turning space, benches, and doors in the ADA and ABA Accessibility Standards. Each bulletin clarifies common sources of confusion, answers frequently asked questions, and offers recommendations for best practice.

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