ADA in the News: October 28, 2016

Chair Yang Provides Remarks at White House Event to Celebrate Hiring of 100,000 Federal Employees with Disabilities

Today, U.S. Equal Employment Opportunity Commission Chair Jenny R.Yang will speak at a White House celebration to mark the fulfillment of President Barack Obama's goal -- established in a 2010 Executive Order -- to hire 100,000 people with disabilities into the federal government. The event, organized by the White House, Office of Personnel Management (OPM), Department of Labor (DOL), and EEOC will focus on cross-agency efforts to reach this goal.  In addition, the program will highlight ongoing work to improve the federal workplace for people with disabilities and address how the federal government and private sector can share best practices in providing individuals with disabilities meaningful employment opportunities.  Other scheduled speakers include OPM Acting Director Beth Cobert and DOL Deputy Secretary Christopher Lu. The event, scheduled to begin at 9 a.m., may be viewed live via https://www.whitehouse.gov/live.  

Sign of the Times: EEOC Settles Case of Employer Failing to Provide ASL Interpreter for Job Interview

Lexology

A deaf person applies for a job and the employee who takes applications asks you “how can a deaf person do this job?” What if an essential function of the job requires interaction with the public or the ability to communicate with team members or to respond to an audible safety warning? Be careful—take a deep breath and remind your employee that the Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations to people with disabilities—even at the hiring stage. We got a good reminder of this requirement from a case the EEOC just settled with McDonald’s regarding just such a scenario.

Justice Department Settles Pregnancy and Disability Discrimination Lawsuit Against City of Florence, Kentucky

JD Supra

The Justice Department filed a proposed consent decree with the city of Florence, Kentucky, to resolve a pregnancy and disability discrimination lawsuit brought by the department under Title VII of the Civil Rights Act of 1964 and Title I of the Americans with Disabilities Act (ADA). 

According to the department's complaint, Florence discriminated against two pregnant police officers by denying both officers' requests for light duty.  The department alleges that Florence previously assigned light duty positions to employees who were temporarily unable to perform their regular job duties, regardless of why the employee needed light duty.  In April 2013, within months of a police officer's pregnancy-related light duty request, Florence limited light duty to employees with on-the-job injuries.  Florence also required that employees with non-work-related illnesses, injuries or conditions demonstrate that they had "no restrictions" before they could return to work. 

Feds Exceed Disability Hiring Goal

Disability Scoop

Six years ago, President Barack Obama set an ambitious goal to ramp up hiring of people with disabilities. Now, the administration says it has surpassed even its own expectations.

The U.S. Office of Personnel Management said this week that the federal government added more than 154,000 employees with disabilities between fiscal years 2011 and 2015, including 109,575 permanent part-time or full-time hires.

That’s above and beyond what Obama pledged in 2010 as he honored the 20th anniversary of the Americans with Disabilities Act. At that time, Obama issued an executive order calling on the U.S. government to be a model employer by hiring an additional 100,000 people with disabilities within five years.

With the gains announced this week, total federal employment of people with disabilities is at 264,844, a figure that accounts for 14.41 percent of the government’s workforce, according to an annual report produced by the Office of Personnel Management.

That means there are now more people with disabilities working for the federal government — the nation’s largest employer — than at any other time in the last 35 years, officials said.

“This administration has consistently demonstrated a commitment to providing equal employment opportunities for Americans with disabilities,” said Beth Cobert, acting director of the Office of Personnel Management. “We remain committed to supporting the federal government’s efforts to be a model employer for people with disabilities, and I look forward to continue building on our progress.”

Justice Department investigating North Miami police after Charles Kinsey shooting

Miami Herald

North Miami’s police department is under review by the U.S. Department of Justice after July’s police-involved shooting of Charles Kinsey.

The department notified the city and Police Chief Gary Eugene Monday that they are reviewing the case for potential violations of the Americans with Disabilities Act. Kinsey, a behavioral therapist, was shot by police officer Jonathan Aledda as Kinsey was attempting to care for his patient, 26-year-old Arnaldo Eliud Rios Soto, who suffers from autism, schizophrenia and an intellectual disability.

“The ADA authorizes the Department of Justice, through the disability rights section, to initiate investigations and compliance reviews, make findings of fact and conclusions of law, and attempt to negotiate voluntary resolutions of it finds a violation,” the department’s letter said.

Employees with Disabilities Get the Job Done

Huffington Post

During National Disability Employment Awareness Month (NDEAM), it’s important to remember the value that employees with disabilities bring to the workplace, in addition to our communities, our country and our economy.

People with disabilities not only represent the largest and most diverse minority in the United States, but they are also a significant untapped source of qualified candidates.

Vet With PTSD, Service Dog Suing Airline After 'Abusive' Treatment

Task & Purpose

An Army veteran who suffers from PTSD says in a federal lawsuit that American Airlines agents subjected her to two days of humiliation and stress when she tried to fly home from Kansas with her service dog, a Labrador retriever named Jake.

Lisa McCombs says she flew without incident to Manhattan, Kansas, on Oct. 25, 2015, but was stuck there for two days because American regional carrier Envoy refused to let her board a return flight with Jake, even though he was wearing his service vest and met criteria to board the plane.

'What is your disability anyway': Disabled vet sues American Airlines

Cleveland 19 News

A Coast veteran is fighting back after she says an airline humiliated and denied flight access to her and her service dog

Lisa McCombs - who developed post-traumatic stress disorder after being separated from the Army - was traveling to Kansas on American Airlines when she was told that should could not fly with her service dog, Jake.

According to court documents, agents were rude and condescending to McCombs, saying things such as, "...are you trying to fly with that," and "What is your disability anyway?"

McCombs says she was given the option of paying $125 for Jake to fly under the plane as cargo, or resubmit documentation. When the veteran contacted the American Airlines service hotline, she was told that Jake was already identified as a medical alert service animal, and no further documentation was necessary. 

However, McCombs spent the next 48 hours trying to get home to the Coast.

Although American Airlines has owned up to their actions, a lawsuit was filed on her behalf on October 24 by Christopher C. Van Clearve, of Corban, Gunn & Van Cleave. The lawsuit claims that McCombs suffered "forseeable harms, damages and injuries," due to the incident. 

For violating parts of the American with Disabilities Act - among other claims - McCombs is suing for compensation for medical expenses, and other damages.

Feedback Form