Lexology
This week the 7th Circuit Court of Appeals issued a decision helpful to employers grappling with whether they must extend an employee’s time off following the expiration of Family and Medical Leave Act (FMLA) leave as a reasonable accommodation under the Americans with Disabilities Act (ADA). See Severson v. Heartland Woodcraft, Inc., No. 15-3754, 2017 WL 4160849 (7th Cir., Sept. 20, 2017).
In Severson, the court found that “[a] multimonth leave of absence is beyond the scope of a reasonable accommodation under the ADA.” Plaintiff, Severson, had a physically demanding job working for a fabricator of retail display fixtures. Severson took twelve weeks of FMLA leave due to serious back pain. During his leave, he scheduled back surgery (to occur on the last day of his FMLA leave), and requested an additional three months of leave. Defendant, Heartland, denied Severson’s request to continue his medical leave beyond the FMLA entitlement, terminated his employment, and invited him to reapply when he was medically cleared to work. Instead, Severson sued, alleging disability discrimination.
Yorkville may amend golf cart rules for people with disabilities
Chicago Tribune
Yorkville is looking to amend an ordinance so that people with disabilities will be permitted to use golf carts on sidewalks and city property.
At Tuesday night's City Council meeting, aldermen are expected to vote on a change that specifies in city code that Americans with Disabilities Act exceptions would apply to the use of golf carts.
New Law Seeks to Stop Frivolous ADA Barriers to Access Lawsuits
Orlando Political Observer
In response to an explosion of lawsuits alleging that places of public accommodation create barriers-to-access to disabled person, Florida has enacted a novel law that seems to be the first of its kind in the country. The law intends to provide some protection to struggling businesses.
Texas representative cites lawsuit abuse in attempt to gut the Americans with Disabilities Act
ConsumerAffairs
The Americans with Disabilities Act has been in effect for 27 years, and is responsible for familiar accessibility features like handicapped-designated parking spots and ramps in public spaces and large businesses.
Like other civil rights legislation, the ADA is enforced by either filing a complaint with the federal government or by filing suit. However, a few unscrupulous attorneys and plaintiffs have abused this to such an extent that the ADA may soon face legislation to weaken it.
In Los Angeles, a wheelchair-bound convicted pedophile sued more than 1,000 businesses over ADA violations before his legal scheme was exposed by a newspaper report. He committed suicide four months later.
In Phoenix, a group billing itself as advocates for the disabled sued a reported 2,120 businesses over the size of their handicapped parking spots. In Austin, an attorney targeted nearly 400 small businesses with either lawsuits or demand letters asking for money to settle supposed ADA violations.
The Americans With Disabilities Act Is Under Threat
Truth-Out
The optics were bad enough when disabled Americans were being dragged out of capital buildings as they protested potential loss of benefits in the first two iterations of Republican health care bills. For the protestors it was all about Medicaid. The Senate bill did away with Obamacare's Medicaid expansion which would drop millions of low-income Americans from the rolls. And the bill completely changed the way Medicaid is financed -- getting rid of open-ended funding and moving toward a "per-capita" system. The new Graham-Cassidy bill under consideration needs to be voted on within the next week to get an easy pass with just 51 votes. Like its predecessors, it also halts Medicaid expansion and turns Medicaid dollars over to the states to determine spending.