The Justice Blog: Celebrating 30 Years of the ADA
US Attorney’s Office settles ADA dispute with Michigan produce store involving service animal
Blind woman alleges she was told to leave market because of dog
Judge won't dismiss ex-police officer's disability discrimination suit against Roy City
The litigation centers on Seward’s contention that the city failed to follow through with an “interactive process” between employee and employer that is required by the Americans With Disabilities Act as a worker returns to the job with a disability.
The goal of that process is to determine whether a reasonable accommodation can be reached so the employee can work light duty with the goal of resuming full duty after rehabilitation.
For the deaf, tech has made access to health care worse
Hospitals nationwide have begun using video remote interpreting, or VRI technology, to fulfill the “reasonable accommodation” portion of the American with Disabilities Act. But with small screens, unreliable Wi-Fi connections and devices that are hard to move around beds, many deaf individuals say that technology has made trying to seek and communicate about medical help worse, not better.
Access v. Abuse: Crema Coffee in San Jose closes due to ADA lawsuit
San Jose’s Cafe Crema, known for its charming, cozy feel and homey exterior, closed its doors for good on Friday marking the end of an era for one of the city’s most frequented mom and pop coffee shops.
A political bastion on The Alameda — an iconic San Jose neighborhood — the original Cafe Crema first opened its doors nearly 13 years ago and had since been a community gathering space where local politicians, grassroots activists and business leaders met to discuss some of the city’s most pressing issues.
But in an interview with San José Spotlight this week, owner June Tran said the decision to close came after a drawn out legal battle left her with no other option.
Under the Americans with Disabilities Act (ADA), service dogs are allowed to accompany their owners almost anywhere an individual is permitted to go in order to perform their job as an aid.
In August of 2013, a legally blind man was asked to remove his dog from a store even after he explained and gave proof that it was a trained service animal. The resident filed a civil rights complaint and under the settlement, the store was required to train its employees about their legal obligations when dealing with service animals and provide them with related sensitivity training.
Seeking to prevent instances of disabled individuals being denied access to a store or other public place because of their accompanying service dog, the Assembly Law and Public Safety advanced a measure (A-218) on Monday to implement employee training.
Sponsors of the bill, Assembly Democrats Cleopatra Tucker, Adam Taliaferro and Angela McKnight, intend for the legislation to educate employees about State and federal disability laws concerning patrons who travel with service or “guide” dogs and how to properly help them.
As defined by the ADA, a service animal means “any dog that is individually trained to do work or perform tasks for people with disabilities.”
“Unfortunately, some businesses remain unclear about state regulations protecting New Jersey’s disabled residents who require service dogs. These animals are not pets,” said Tucker (D-Essex). “This requirement would help clear up any confusion or misinformation out there on the treatment of service animals in public places.”
Training required by the bill would apply to employers with one or more employees serving customers and others in a place of public accommodation or other public facility.
“Unlike a companion or therapy animal, service animals provide much more than comfort to their owner. They help owners mitigate the impediments of a disability enabling them to be independent,” said Taliaferro (D-Cumberland, Gloucester, Salem). “By training and teaching employees how to handle situations in which service dogs are involved, we protect the rights of individuals who are disabled to have their guide dog wherever they go.”
“Service animals are the eyes, the ears and ultimately life line for many disabled individuals in our State,” said McKnight (D-Hudson). “From those who have suffered a physical injury, are blind or deaf to those who suffer from seizures or have anxiety and PTSD, these dogs are critical in assisting with everyday tasks as well as in providing support in medical emergencies. Educating employees helps ensure that nothing stands in the way of a service animal doing its job.”
An employer may satisfy the training requirement by utilizing a training program from the Division on Civil Rights within the Department of Law and Public Safety, the New Jersey State Bar Association, or any other entity.
The bill goes to the Speaker for further consideration.