Proposed Settlement Agreement: Lane v. Brown
Technical Assistance Document: Testing Accommodations | PDF
Uber And Lyft Struggle To Accommodate Disabled Passengers
Laist
Uber and Lyft will soon expand their operations to include LAX, but advocates say they still have a lot of catching up to do to improve access for disabled customers.
Orion to pay $160000 in discrimination suit
The Sheboygan Press
Manitowoc-based Orion Energy Systems will pay $160,000 and furnish other relief to settle a federal disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission, the agency announced Wednesday, Sept. 9.
Disabled man wins ADA judgment against Corner Bakery Cafe chain
Sacramento Business Journal
A U.S. District Court judge in Santa Ana sided with plaintiff Gilbert Salinas, a paraplegic who filed an ADA complaint after he visited a Corner Bakery Cafe in Long Beach in April 2013. When Salinas approached the 46-inch counter to pay, he discovered it was too high for his use. His wife paid, but Salinas alleges in his lawsuit the experience “was frustrating and somewhat embarrassing.”
The restaurant chain contends in court documents that a second, 34-inch counter located on the customer side of the counter does comply with the ADA. The law requires a portion of the counter to be at least 36-inches in length and a maximum height of 36 inches from the floor.
The problem is that employees still have to reach over the higher counter to use the lower, said Mark Potter, a San Diego lawyer who represents Salinas. Potter is the same lawyer who represents another disabled man who uses a wheelchair and is a frequent ADA-plaintiff, Fair Oaks lawyer Scott Johnson.
Be careful what you ask on pre-employment tests to avoid a multimillion dollar EEOC action
Lexology
Pre-employment tests are commonly used by employers to prescreen applicants and/or determine if applicants are suitable for hire. Employers should be careful what they ask on these tests for two reasons: (1) the ADA and (2) potential disparate impact discrimination claims.
Should Your Website Be Compliant With ADA?
The Legal Intelligencer
Per Title III of the Americans with Disabilities Act (ADA): "No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation."
As the world has become increasingly technologically dependent, companies have turned to the Internet to provide more convenient outlets for the "goods, services, facilities, privileges, advantages, and accommodations" that they provide at their brick-and-mortar locations. Furthermore, many companies have begun providing goods and services exclusively online.
Our society's migration to the Internet has not come without legal implications. For the past two decades, federal courts have divided over whether a company's website should be considered "a place of public accommodation" so as to put company websites within the strictures of the ADA. As such, the way that the ADA applies to company websites that offer goods and services is far from settled. Nevertheless, the fact that some federal courts have interpreted the phrase "place of public accommodation" to include these websites—including those for companies that operate exclusively online—should serve as a warning to business owners that ADA compliance is a smart prophylactic against legal action.