Settlement Agreement:
Complaint: John Longacre, et al
Regis settles EEOC claims over claustrophobic hair stylist
Legal News Line
The U.S. Equal Employment Opportunity Commission has announced that Minnesota-based Regis Corporation, doing business as SmartSyle, will pay $60,000 after allegations of federal disability discrimination.
EEOC targets Bell Lexus in Arizona for allegations of violating federal law
Legal News Line
The U.S. Equal Employment Opportunity Commission (EEOC) has announced a lawsuit against Bell-Arrow Automotive Inc., which does business as Bell Lexus, for allegations of violating federal law.
According to EEOC, the company maintained a policy of refusing applicants who tested positive for any one of a number of substances on a list it created. Bell Lexus allegedly rescinded a job offer to Sara Thorholm after she tested positive for a single substance – even though she explained it was medically prescribed to treat a disability, the EEOC says.
LA Settles Largest Disability-Access Case Ever
Courthouse News Service
A federal judge approved a $1.4 billion settlement in which Los Angeles agrees to fix broken sidewalks and crosswalks to make them accessible to disabled people — the class attorney called it the largest disability access settlement in history.
U.S. District Judge Consuelo Marshall also awarded $11.7 million in legal fees and costs to the class attorneys, resolving the class action brought by lead plaintiff Mark Willits in 2010. Marshall signed both orders on Aug. 25.
Los Angeles agreed to spend $1.37 billion over the next three decades to make its pedestrian facilities accessible. City Councilman Joe Buscaino called the settlement a good deal for everyone in Los Angeles, disabled or not.
Father, state at odds over mental hospital discharge
Jackson Clarion Ledger
Susan Biggs’ father says in a federal lawsuit that the former executive director of the Mississippi Department of Mental Health and the director of the North Mississippi State Hospital violated his daughter’s constitutional rights by discharging her from the state hospital when she wasn’t capable of living independently in the community.
Harold Biggs of Jackson County said in the lawsuit that his adult daughter, Susan Biggs, has a long history of serious mental illness, medication non-compliance, delusions and paranoia that resulted in her harming herself and others. She was involuntarily committed to state hospitals on at least 23 occasions and involuntarily committed to outpatient treatment nearly as many times.
Waiting List Placements May Violate ADA
Disability Scoop
Being on a waiting list for community-based services may be evidence enough that an individual with developmental disabilities is at risk for institutionalization in violation of the Americans with Disabilities Act, according to the U.S. Department of Justice.
In a statement of interest filed this month, the Justice Department said that if individuals with developmental disabilities are not receiving services in the community, they may have a claim that their rights have been violated.
Do we have leave obligations to help a potential victim of domestic violence?
Business Management Daily
Q. One of our employees may be a victim of family violence. What are our legal obligations to provide leave for family violence victims under Texas and federal law?
A. This is an unfortunate situation that calls for patience and understanding, regardless of what the law provides.
Texas employers are under no obligation to provide leave, paid or otherwise, for employees who become victims of family or domestic violence. Still, Texas does offer some protection for family violence victims who cooperate with the criminal justice process.
Section 56.02(a)(1) of the Texas Code of Criminal Procedure gives crime victims the right to have a prosecutor notify the victim’s employer “of the necessity of the victim’s cooperation and testimony in a proceeding that may necessitate the absence of the victim from work for good cause.”
Furthermore, Texas Labor Code section 52.051(a) prohibits employers from discharging, disciplining or penalizing an employee “in any manner” for complying with a valid subpoena. An employer that does so despite a valid court-issued subpoena can even be found in contempt by the court that issued it. So an employer must let a validly subpoenaed employee take time away from work to testify.
Victims of family or domestic violence may also be able to take leave under the federal FMLA to deal with their own resulting serious health issues or to care for family members with such issues.
For example, according to the U.S. Department of Labor’s Wage and Hour Division an employee “may be able to take FMLA leave if he or she is hospitalized overnight or is receiving certain treatment for post-traumatic stress disorder that resulted from domestic violence,” or to care for his or her child with PTSD resulting from domestic violence.
There is no requirement that this leave be paid. If the employee’s health issues are so serious as to render the employee disabled, other concerns—such as disability policies and the ADA—may come into play.
Employers Take Note, EEOC Issues Final Retaliation Guidance
Lexology
Employers should review their policies concerning retaliation and Americans with Disabilities Act (ADA) interference in light of the new Enforcement Guidance on Retaliation published by the EEOC this week. As retaliation is now the most frequently alleged basis of discrimination, employers should take note.
Fatal Shooting of Deaf Man Raises Concerns About Police Training
SHRM
Incidents of police violence toward people with disabilities—and people who are deaf, in particular—is all too common, experts say.
Daniel Harris, killed by a North Carolina state trooper Aug. 18, wasn't the first deaf person who has been shot to death by the police, according to Howard Rosenblum, CEO of the National Association of the Deaf. Better training in how to communicate with people who are deaf or hard-of-hearing, as required by the Americans with Disabilities Act (ADA), could help prevent such fatalities, noted Patti Perez, an attorney with Ogletree Deakins in San Diego.
Accommodating Requests for Service Animals and Emotional Support Animals in your Community
Lexology
Many community associations are presented with requests for accommodating service animals and emotional support animals. It can be difficult to navigate through the various laws. There are specific obligations required of housing providers under the Fair Housing Act (“FHA”) and, if applicable, the Americans with Disabilities Act (“ADA”).
Autism at the Waterpark
Aquatics International
For waterparks, meeting special needs without alienating non-disabled guests can be puzzling. Here's how to piece together a policy that works
Mike's Grill hit with second ADA lawsuit
Hanford Sentinel
It’s only been a few months since Mike’s Grill left its former downtown Hanford location, but the restaurant is already facing a new lawsuit for alleged violations of the Americans with Disabilities Act.