California Wades Into Unknown: Possible Accommodation of Employee’s Association with Disabled Person
Lexology
Like the federal Americans With Disabilities Act (ADA), California’s Fair Employment and Housing Act (FEHA) protects applicants and employees from discrimination based on physical or mental disability. Both laws require an employer to reasonably accommodate an employee's disability. They further prohibit discrimination based on an employee’s associations. The ADA prohibits associational discrimination – that is, discrimination “because of the known disability” of an individual with whom someone “is known to have a relationship or association.” California goes even further on that point, prohibiting discrimination on the basis that an individual “is associated with a person who has, or is perceived to have” a disability.
The California Court of Appeal’s new decision in Castro-Ramirez v. Dependable Highway Express, Inc. may point the way for California to take accommodation obligations in a new and unknown direction. Over a strong dissent, it raised the specter of an employer somehow having to accommodate an employee’s association with a person with a disability. In a decision in this case last April, the court held that FEHA requires reasonable accommodation for an applicant or employee associated with a disabled person. The court later granted rehearing and further briefing, resulting in its new decision. There, the court backed away from its earlier holding, claiming this time that it did not expressly decide the accommodation issue in its new decision. However, the majority recognized that the FEHA “may reasonably be interpreted” to require such accommodation. The decision, however, also warrants attention for its rulings on associational discrimination and retaliation.
Urban Outfitters accused of not accommodating disability
The Pennsylvania Record
former employee is suing Urban Outfitters Inc., alleging violation of the Family and Medical Leave Act and the Americans with Disabilities Act.
Eric Boston filed a complaint on Sept. 7 in the U.S. District Court for the Eastern District of Pennsylvania against Urban Outfitters Inc., alleging that the employer terminated the plaintiff's employment for exercising his rights to FMLA.
According to the complaint, the plaintiff alleges that in 2015, he was terminated as retaliation for asking for proper accommodation for his anxiety. The plaintiff holds Urban Outfitters, Inc. responsible because the defendant allegedly failed to designate plaintiff's absences as FMLA leave and terminated his employment.
The plaintiff requests a trial by jury and seeks compensation, reimbursement, benefits, liquidated damages, damages for emotional distress, court costs and any further relief the court grants. He is represented by Manali Arora of Swartz Swidler, LLC in Cherry Hill, New Jersey.
U.S. District Court for the Eastern District of Pennsylvania Case number 2:16-cv-04815
A new perspective on the Americans with Disabilities Act
Employee Benefit Adviser
So, in a very real sense, the ADA has not created a new world of accommodation, it has merely moved the ball a little further down the field — the same field that we have been playing on, very successfully, since the dawn of human experience. In fact, one might well argue that our entire civilization is built on accommodation. Knowing this does not necessarily make your task of finding the right accommodations for a specific employee any easier, or take away the stress of the required form-filling and process-mapping. But it might make you feel better about it, knowing that in your own small way you are contributing to the advance of civilization.
How American restaurants fail to accommodate blind diners
Mic
Going out to dinner is pretty much a way of life in the U.S.
In 2015, for the first time ever, Americans spent more money dining out than buying groceries, Bloomberg reported. Eating at a restaurant is generally a relaxing experience — after all, there's no worrying about the cooking and the cleaning up. But that's not generally the case for a person who is blind or visually impaired.
There are an estimated 22.5 million adults with vision loss in the U.S., according to the 2014 National Health Interview Survey. Even though that's more people than the entire population of Florida, there are very few accommodations made for visually impaired customers at restaurants, other than being amenable to seeing eyes dogs.
Blind Inmates File Lawsuit Alleging Discrimination
WBAL Radio
Nine blind inmates and former inmates of the Roxbury Correctional Institution in Hagerstown have filed a lawsuit against the Maryland Department of Public Safety and Correctional Services alleging discrimination.
Media outlets report that the lawsuit, filed this week, alleges that RCI didn't provide the blind inmates with tools to read, write and be independent. It says that the prison left inmates to rely on sighted inmates for every task, like getting around the facility, reading and writing personal mail and requesting commissary items.
The lawsuit alleges violations of the Americans with Disabilities Act and the Rehabilitation Act. It seeks $200,000 in compensatory damages and $200,000 in punitive damages, as well as an injunction preventing the defendants from discriminating against the inmates.
DPSCS attorney Stuart Nathan hasn't commented on the lawsuit.
Judge rules Arizona Attorney General's Office can join ADA lawsuits as a defendant
ABC15 Arizona
A Maricopa County Superior Court judge has ruled that the Arizona Attorney General’s Office can join a batch of ADA lawsuits filed by a controversial “advocacy” group.
One In Six Eligible Voters Has A Disability
FiveThirtyEight
And it’s harder for them to vote because of it.
Living With Disabilities: Getting to the ballot box isn't always easy
Santa Fe New Mexican
Research indicates that people with disabilities are less likely to vote than people without disabilities.
South Jersey Disability Discrimination Lawyers
Lawyers.com Blog
South Jersey Disability Discrimination Lawyers Advocating for Those Facing Workplace Discrimination The Americans with Disabilities Act of 1990 (ADA) was an iconic step in the right direction for the civil rights of individuals with disabilities. Under the ADA, those who had previously been negatively impacted by discrimination in the workplace could benefit from federal protection. However influential this act may be, and despite it being around for 26 years, individuals with disabilities still find themselves being discriminated against in the workplace.
ADA lawsuits: Courting accommodation or cashing in?
Wichita Eagle
Guadalupe Adams of Winfield has filed 176 lawsuits against businesses in multiple states under the Americans with Disabilities Act – three in Kansas on July 20 alone.
But far from being a publicity-seeking crusader, she’s a mystery to those she has sued.