The ADA Celebrates its 25th Anniversary Next Year
Join United Spinal and the entire disability community in celebrating the 25th Anniversary of the Americans with Disabilities Act (ADA), the landmark civil rights law that protects wheelchair users and other people with disabilities from discrimination. Join the celebration.
Incarcerated applicant sues Maine attorney general for discrimination
HR.BLR.com
Employers must ensure they do not discriminate against applicants who have a criminal record. Employers may violate Title VII of the Civil Rights Act of 1964 by excluding an applicant because of his criminal history unless the decision is job-related and consistent with business necessity. The Maine Attorney General's (AG) Office clearly met that burden when it decided to pass on a disabled applicant who was incarcerated at the time he applied for a paralegal position.
A flurry of disability lawsuits leaves Minnesota proprietors baffled
Minneapolis Star Tribune
The same lawyer had sued more than two dozen proprietors — including an 84-year-old widow who runs an antique store in Marshall — using a handful of disabled clients and then demanding out-of-court settlements.
Medical Marijuana As A Reasonable Accommodation Because Of A Disability? One Court Says No
Mondaq News Alerts
In an age when more states continue to decriminalize use of small amounts of marijuana, apartment management employees are getting a more common request: can medical marijuana be a reasonable accommodation because of a disability? Earlier this month, a federal district court answered that question with a resounding no. In a case from Michigan involving an affordable housing community (Michigan permits medical marijuana pursuant to the state’s Medical Marijuana Act), a U.S. District Court judge ruled that because marijuana is still classified as a controlled substance under federal law (in other words, use of marijuana is still against federal law), the resident is not entitled to a reasonable accommodation for medical marijuana use under the Fair Housing Act (“FHA”).
Disabled student loses challenge against KU medical school
Kansas City Star
For one former University of Kansas student, there appears to be a limit to the accommodations made for disabled students.
Last month, a federal appeals court ruled that the University of Kansas School of Medicine did not discriminate against a disabled student after it rescinded her admission.
Accommodating Emily McCulley’s disability, school officials believed, would have required them to make significant changes to the school’s educational program that would go beyond what the Americans With Disabilities Act required, according to the court’s ruling.
After McCulley’s physician indicated that she would need an assistant to help her lift and position patients or stabilize elderly patients, according to the court, school officials concluded that McCulley could not meet a technical standard that mandated students be physically able to carry out diagnostic procedures and provide general care as well as emergency treatment to patients.