Press Release: Over $3 Million Paid to Individuals in Disability Settlement with Greyhound
Lyft's response to ADA lawsuit: Sorry, we're “not in the transportation business”
Fast Company
Lyft wants a federal court to believe that “it is not in the transportation business.”
In a federal class-action lawsuit filed in Westchester County, New York, the company claims that it is merely a tech company and not subject to the Americans with Disabilities Act (ADA). Yes, the company that wants to be a kinder and better version of its archrival Uber is in court, trying to find ways to avoid making transportation more accessible for people living with disabilities.
According to Politico, the class-action lawsuit was filed against Lyft in August 2017 by White Plains resident Harriet Lowell and Westchester Disabled on the Move, for the company’s failure to provide accessible vehicles to equitably serve people living with disabilities who just want to take a Lyft. The suit comes in the wake of a settlement with New York City, where Lyft, Uber, and Via agreed to “service at least 80% of requests for wheelchair-accessible vehicles in under 10 minutes and 90% in under 15 minutes by mid-2021,” per Politico.
Considering that the New York City subway system is barely accessible, having ride shares as an option could be life-changing for people with disabilities, but there’s even more at stake, since the lawsuit could conceivably force the companies to make their systems more accessible nationwide.
For its part, Lyft disputes its obligations under the ADA on the grounds that it’s not a transport company but is instead in the app business. However, it’s facing at least one other class-action lawsuit, this one in the Bay Area, claiming that it discriminates against people with disabilities.
The National Law Review
Can we terminate an employee when he or she does not return from FMLA leave?
Employers also are hesitant, and rightfully so, in what actions to take when an employee does not return from FMLA leave when expected. Again, the answer to this question heavily depends on the specific facts related to the employee.
Under the Family Medical Leave Act ("FMLA"), qualified employees are eligible for up to 12 weeks of job-protected leave within a 12-month period. If an employee does not return to work once his or her FMLA leave is exhausted, the employer should consider several factors before pursuing termination of employment.
At the outset, the employer must determine whether the employee's request to remain out of work is a request for an accommodation under the Americans with Disabilities Act ("ADA"). This will involve outreach to the employee and a request for medical certification so that the employer can determine whether a reasonable accommodation, such as continued leave, is available. Requests for discrete time periods of leave are typically considered reasonable accommodations under the ADA; however, the employer is not required to accommodate the leave under the ADA if it presents an undue hardship, such as when the leave is open-ended with no set duration. This requires careful analysis, and it is recommended that the employer consults with legal counsel prior to making the decision to grant or deny the requested leave accommodation.
Alternatively, if the employee desires to stay out of work beyond approved FMLA and it is not for disability or medical purposes, then the employer must consider whether it has allowed similar types of leave in the past. For example, if an employer has an unpaid leave of absence policy and has previously provided other employees with such leave, the employer must ensure it applies the policy consistently among employees. Otherwise, the employee requesting leave beyond FMLA could allege that he or she is being treated differently based upon membership in a protected class.
Of course, other considerations will depend on the particular situation, but the following are a few steps employers can take to stay ahead of this issue:
Develop clear policies for how the employer complies with FMLA and ADA requirements. If the employer chooses to provide paid time off or other leaves of absences, these policies must also be clear and describe how they interact with other types of leave.
Apply the policies as written and consistently among all employees. This includes ensuring that managers are trained to adhere to any approval process the employer has put in place, instead of arbitrarily granting or denying leave requests.
Communicate in writing with employees who take extended leave under the FMLA, ADA or any leave of absence to ensure both the employer and employee understand expectations, such as payment of benefits and return-to-work timing.
What do I do if an employee brings an animal into the workplace?
A manager calls Human Resources stating that an employee brought a dog into the office and, while the dog is not bothering anyone at the moment, the manager is unsure what to do. How should Human Resources advise the manager?
First, since the dog was brought into the office, Title I of the ADA permits the manager to ask the employee whether the employee is a service animal or a pet. If the latter, then the employer needs to have a clear policy on whether pets are allowed in the workplace, and apply that policy consistently to all employees. If the former, and the employee states he or she has a need for a service animal, then the manager must engage in the interactive process under the ADA. As briefly described above, this will involve seeking appropriate medical documentation and evaluating whether the employer can accommodate the request without creating an undue hardship to the employer.
Generally speaking, service animals typically will be viewed as a reasonable accommodation under the ADA in the employment context. However, some confuse ADA requirements concerning service animals in the workplace as compared to service animals in places of public accommodation. For example, if the employer operates a place of public accommodation, such as a restaurant, it must train its employees on Title III of the ADA, which allows service animals to come into any such public place. If an employee is unsure whether an animal meets the definition of a service animal, the ADA allows the employee to ask the patron only two questions: (1) Is the animal a service animal required because of a disability? (2) What work or task has the animal been trained to perform? At no time can the employee ask the patron about his or her disability, or require showing of any documentation as proof of the animal's training. In the workplace, however, Title I of the ADA permits and actually requires the employer to engage in the interactive process with the employee to determine whether the animal will enable the employee to perform his or her job duties and whether that accommodation (i.e., allowing the animal to be in the workplace) can be provided without undue hardship to the employer.
Best practices in dealing with service animals include:
Develop a clear policy (yes, again!) on whether pets are allowed in the workplace.
Train management-level employees on the appropriate steps to take under the ADA when they learn that an employee requests the use of a service animal.
If the employer operates a place of public accommodation, train all employees on Title III of the ADA and the very limited exceptions of how they can approach a patron with an animal.