Deaf students reflect on college challenges, triumphs during International Week of the Deaf
USA TODAY College
Sept. 22 to 28 is the International Week of the Deaf. The World Federation of the Deaf (WFD) created the International Day of the Deaf in 1958, which was extended to a week, to educate the public about deaf and hard-of-hearing people.
NLV Settles ADA Suit For $38000
KNPR
The city of North Las Vegas has reached an out-of-court settlement with a city parks worker who said he was forced to retire because of a visual impairment. A consent decree filed Thursday for approval in U.S. District Court calls for the city to pay former parks maintenance crew leader Joseph Dixon about $38,000 in damages to resolve his Americans with Disabilities Act complaint. The Justice Department complaint says Dixon worked for the city for nearly 20 years before he was required to obtain a commercial driver's license. He couldn’t due to permanent damage to his left eye.
Florida companies could still fire employees for marijuana use even if Amendment 2 passes
Insurance News Net
Even if medical marijuana is legalized in Florida in November, those looking to use cannabis to treat diseases might want to seek advice not only from their doctors but also from their employers.
Across the nation, employees who have used medical marijuana legally under state laws have been fired when they fail drug tests. Employers are saying because marijuana is still illegal under federal law, they have the right to fire employees for using illicit substances, even if the state says it's legal.
Small businesses hit with handicapped-access lawsuits
Press-Enterprise
Reforms fail to decrease legal actions against small businesses.
NOVA Legal Beat: How do I Know What an 'Essential Function' is?
ARL now
Q. I have a disability, and my employer is trying to remove me because it claims I cannot perform the “essential functions” of my position. How do you tell the difference between essential and non-essential functions?
Yes, a 'Cantankerous Jerk' Can Be Fired
Human Resource Executive Online (blog)
Weaving, an officer with the Hillsboro (Ore.) Police Department, was cited several times over a period of years for conflicts with fellow employees. A formal report — issued after a departmental investigation of an officer’s grievance about him — concluded he was “tyrannical, unapproachable, belittling, demeaning, threatening, intimidating, arrogant and vindictive.” (That’s quite a list.)
Based on the investigation, which also found Weaving had created a hostile work environment and did not possess the emotional intelligence to work in a team environment, he was fired Dec. 11, 2009, after three years with the force.
He sued under the Americans with Disabilities Act, claiming he had been diagnosed with attention deficit hyperactivity disorder, and this condition caused his work conflicts and limited his ability to work or interact with others (a requirement of his job).
He contended his ADHD was a disability, which a district court upheld, but the appeals court reversed. (For everything you ever wanted to know about Weaving’s contention and how both courts viewed the ADHD/ADA issue, see both links above.)
Considering Weaving’s argument that ADHD falls under the ADA, I thought I’d share several earlier blog posts from some of us at HRE that delve into other expansions of, or attempts to expand, the definition of disability under the law.