Citing disabilities act, candidate sued cities, businesses
The Desert Sun
A Desert Hot Springs City Council candidate has filed at least 10 disability access lawsuits against Coachella Valley businesses and governments over the past decade, tapping into a quirk of California law that some argue has led to a flood of unnecessary, opportunistic litigation.
Beware Blanket Exclusion Policies Under the ADA
Workforce Management (blog)
Nicholas Siewertsen, who has been deaf since birth, sued the Worthington Steel Co., claiming that it discriminated against him when it banned him from performing any job requiring him to operate forklifts or cranes.
From the time of his hiring in 2001 until the ban in 2011, Siewertsen operated forklifts, overhead cranes, and other motorized equipment without incident at the Porter, Indiana-based company. He communicated with his co-workers using a variety of techniques and tools, including written messages on notepads, computer programs and text messages, hand gestures, and limited speech.
In 2011, however, the plan human resources manager learned, apparently for the first time, that the company had a corporate policy against deaf employees driving forklifts. Without considering Siewertsen’s decade of on-the-job performance, the company disqualified him from his current position and transferred him, without a demotion in pay, to one of four menial jobs in the plant that did not require the use of forklifts or cranes. Siewertsen sued, claiming that the company violated the ADA by applying the no-forklifts-for-deaf-employees policy, and transferring him to another position. (Even though the transfer did not result in a reduction in pay, Siewertsen claimed the new position lacked any opportunities for promotion or advancement within the company).
Federal Officials Sue Texas Firm for Disability Discrimination
Insurance Journal
Federal officials are suing Austin’s FEC, LLC and Austin Entertainment Center LP d/b/a Austin’s Park N Pizza, a Pflugerville, Texas-based amusement park, for violating federal law by firing an employee because of his intellectual disabilities after denying him a reasonable work accommodation.
In the lawsuit, the U.S. Equal Employment Opportunity Commission (EEOC) alleges an employee with mental impairments caused by traumatic brain injuries experienced as a child, worked for Austin’s for approximately four years performing maintenance and custodial work. He only experienced difficulties logging in and out of work after Austin’s implemented a new computerized timekeeping system, according to federal officials.
EEOC Proposed Rule on Application of the ADA to Employer Wellness Program
The National Law Review
Earlier this year, the US Equal Employment Opportunity Commission (EEOC) published a Notice of Proposed Rulemaking (NPRM) that addresses how Title I of the Americans with Disabilities Act (ADA) applies to employer wellness programs that are integrated with a group health plan. Although the EEOC has previously initiated litigation associated with wellness programs, it has never released any related regulations and has come under significant pressure from employers and Congress to address when wellness programs are “voluntary” under the ADA.
The best and worst states for workers with disabilities
HR.BLR.com
October is National Disability Employment Awareness Month and RespectAbility has announced the release of a report that shows people with disabilities are twice as likely to be working in the Dakotas, Alaska, and Wyoming than they are in many other states. The full report showcases some of the reasons that some states are much more successful than others.
Non-ADA compliance lands Shreveport three lawsuits
Shreveport Times
A New Orleans attorney has filed three lawsuits against the City of Shreveport for non-compliance with the Americans With Disabilities Act.
Andrew Bizer, the attorney filing the suits, said his client, a disabled Shreveport resident, is unable to move freely around the city due to a poor infrastructure and transit system.
Top 10 Mistakes to Avoid During the Reasonable Accommodation Process
The National Law Review
The Americans with Disabilities Act (ADA) and California Fair Employment and Housing Act (FEHA) both require employers to make reasonable accommodations for qualified individuals with disabilities, provided that the accommodations do not impose an “undue hardship” on the employer.
By definition, a reasonable accommodation is any modification or adjustment to a job, to an employee’s work environment, or to the way things usually are done that enables a qualified individual with a disability to enjoy an equal employment opportunity. It also is any modification or adjustment that allows an employee to perform the essential functions of a job that similarly situated employees without disabilities hold. The reasonable accommodation process can be tricky to navigate, and mistakes can lead to unwanted litigation. Here is a list to help you identify and avoid the most common employer mistakes.
Blind woman sues Red Roof Inns, alleging inaccessible website
The Pennsylvania Record
A Pennsylvania woman is suing Red Roof Inns, alleging violation of disability law.
Michelle Sipe, who is visually impaired, filed a lawsuit Sept. 18 against Red Roof Inns Inc. in U.S. District Court for the Western District of Pennsylvania, seeking injunctive action and alleging its business violates the Americans with Disabilities Act (ADA).
According to the complaint, Red Roof is currently out of compliance with Title III of the ADA because its website is not accessible to blind and visually impaired consumers.
Montco hospital settles over claims of denying HIV+ patient treatment
Philadelphia Business Journal
The U.S. Attorney’s Office for the Eastern District of Pennsylvania said it has reached a settlement with Mercy Suburban Hospital to resolve allegations the East Norriton, Pa., medical center violated the Americans with Disabilities Act by refusing to treat an HIV-positive patient.
Under the settlement, Mercy Suburban agreed to pay the unnamed complainant $20,000 along with a civil penalty of $5,000 to the United States. There was no determination of civil liability, and Mercy denied any such liability under the terms of the agreement.
Feds: School Resource Officers Must Be Mindful Of ADA
Disability Scoop
The U.S. Department of Justice is weighing in on the responsibilities of law enforcement officers stationed at schools when they interact with children who have disabilities.
Worker sues Bridge City Center for Youth, alleging wrongful firing
The Louisiana Record
A Jefferson woman injured on the job is suing her employer, alleging she was fired when she told her boss her injuries required surgery.
LaKeisha Cortorreal filed a lawsuit Sept. 28 in U.S. District Court Eastern District of Louisiana against the Bridge City Center for Youth, Louisiana State Office of Juvenile Justice and former managers Mark LaBouchardiere and Angela Sutton, alleging violation of the Americans with Disabilities Act.
According to the complaint, shortly after being hired by Bridge Center, Cortorreal was injured on the job in early 2014, causing limited mobility in her left knee and back. The suit says Bridge City Center reviewed the incident and found one of the youths responsible. As a result of the injury, Cortorreal says she has been diagnosed with depression and anxiety.
Deaf and mistreated: One man's jail ordeal highlights 'a nationwide problem’
messenger-inquirer
Zemedagegehu, 41, sued the Arlington sheriff, alleging that he was not provided appropriate accommodations under the Americans With Disabilities Act and the Rehabilitation Act. The Justice Department is investigating the matter. His case is one of many in the D.C. area and across the country that advocates say illustrate a persistent and troubling phenomenon: Jails and prisons are not equipped - or jail and corrections personnel are unwilling - to provide the proper care for inmates who cannot hear.
"I think it's a nationwide problem," said Deborah Golden, the director of the D.C. Prisoners' Project at the Washington Lawyers' Committee for Civil Rights and Urban Affairs. "It's hard for me to understand why every jail in the country isn't ready for this issue."
In recent months, Maryland and Kentucky settled lawsuits alleging that deaf inmates missed prison-wide safety announcements, could not participate in classes behind bars and could not defend themselves at disciplinary proceedings because sign language interpreters were not provided. A federal judge in the District this month ruled that the city's corrections department will have to pay damages to a deaf former inmate after failing to assess what he would need when he arrived, then badly mismanaging his care.
Similar lawsuits are underway in New York and Michigan. In Oregon, advocacy organizations late last year asked the state prison system to stop using other inmates as interpreters for the deaf.