ADA in the News September 28, 2021

EEOC Files Disability Lawsuits in El Paso and Ft. Worth Based on COVID Related Discrimination

Fabens Pharmacy and 151 Coffee Took Different Approaches to COVID-19, But Both Violated the ADA, EEOC Charged.

According to the EEOC’s suit against U.S. Drug Mart d/b/a Fabens Pharmacy, the pharmacy discriminated against a pharmacy technician with asthma who asked to wear a facemask at work as an accommodation of his disability immediately following the COVID-19 outbreak to help protect him from the virus. The employee was harassed because he requested this accommodation and was sent home twice when he asked to wear a mask, and then taunted and humiliated for questioning management’s policy prohibiting masks, leading him to quit, according to the suit.

EEOC filed suit in Ft. Worth against 151 Coffee, LLC alleging that the company violated the ADA by denying reasonable accommodation to two baristas with disabilities and terminating their employment. According to the EEOC’s complaint, the employees were not allowed to return to work until a vaccine for COVID-19 was developed, even though they were ready and willing to work.


Four Skilled Nursing Facility Entities Agree to Resolve Allegations of Americans with Disabilities Act Violations

The United States allege that CareOne Realty, LLC; Hebrew Senior Life, Inc.; Sheehan Health Group, LLC (which manages Laurel Ridge and Presentation Rehabilitation Centers); and Wingate Healthcare violated the Americans with Disabilities Act (ADA), the Rehabilitation Act and the Patient Protection and Affordable Care Act by denying admission to individuals because they were being treated with buprenorphine or methadone, medications used to treat Opioid Use Disorder (OUD). Individuals receiving medication to treat OUD are generally considered disabled under federal civil rights laws. The individuals who were the subject of the complaints in these cases were seeking admission for health issues unrelated to their dependency, but also needed treatment for OUD.


Disability Rights Today: C.L. v. Del Amo Hospital - 9th Circuit Ruling on Certification of Service Animals and ADA

The Southeast ADA Center, a project of the Burton Blatt Institute at Syracuse University, is pleased to provide the podcast series, Disability Rights Today - your source for in-depth discussion about important court cases that shape the Americans with Disabilities Act (ADA).

In recognition of National Service Dog Month in September, we explore C.L. v. Del Amo Hospital, Inc. (Ninth Circuit Court of Appeals, 2021). In this case, the plaintiff C.L., was diagnosed with mental health disabilities. While seeking inpatient treatment at Del Almo Hospital, C.L.’s self-trained service dog, Aspen, was denied admission without an individualized assessment of the service animal.

Tune into this episode of Disability Rights Today (DRT) for an analysis of the facts, issues, and arguments of the court case, along with a discussion of implications for policy and practice. You will hear from three of C.L.’s attorneys: Christopher Knauf, JD, Disability Rights Legal Center, Founder Knauf Associates, Los Angeles, CA; Jennifer Mathis, JD, Deputy Legal Director and Director of Policy and Legal Advocacy Judge David L. Bazelon Center for Mental Health Law, Washington, D.C.; and Celia McGuiness, Derby, McGuinness & Goldsmith, LLP, Los Angeles. They are joined by our host: Peter Blanck, Ph.D., JD, Chairman of the Burton Blatt Institute at Syracuse University. For resources and more episodes, please visit

Feedback Form