Man with lymphoma sues Holy Rosary School after being fired
The Pennsylvania Record
A Conshohocken worker has sued a parochial school system and its overseers, alleging unlawful employment practices.
Appeals court nixes class action over ATM access for the blind
Reuters
A Dade County, Florida credit union does not have to face a class action accusing it of not providing access for the blind on its automated teller machines because any lack of services was isolated or temporary, a federal appeals court ruled.
In an unpublished opinion on Wednesday, a three-judge panel for the 11th Circuit said the credit union did not violate the Americans with Disabilities Act (ADA) because that law permits temporary interruptions in access. The credit union was represented by the law firm Luks Santaniello Petrillo & Jones.
Disabilities: Medical restrictions dictated by doctor, not employee
HR.BLR.com
The U.S. District Court for the District of New Jersey recently dismissed a former employee's claim that she was subjected to discrimination and harassment and that her employer failed to accommodate her disability after she suffered a work-related injury. The court found that her employer offered her a reasonable accommodation in accordance with her stated medical restrictions.
Scammer Used Disability Act to Defraud Small Businesses: Police
NBC Southern California
Riverside police say they've arrested a suspect in a case of fraud where a man would go to local businesses and threaten to sue because they didn't have enough wheelchair accommodation or handicapped parking spots, and then take money from the business owners. Tony Shin reports for the NBC4 News at 5 p.m. on May 7, 2015.
ADA compliance suits gaining steam against retailers, including Guess, PetSmart
Lexology
Guess, Inc. was recently sued in a California class action lawsuit for allegedly using a point of sale (POS) system that is not fully accessible to and independently usable by blind and visually impaired persons. In a similar, subsequent suit, the National Federation of the Blind and several blind PetSmart customers recently filed a class action lawsuit in Colorado against PetSmart alleging it violated the Americans with Disabilities Act (ADA) and similar state laws by failing to offer physical keypads, as opposed to digital touchscreens, to allow blind customers to input PIN numbers when using debit cards. The plaintiff in the suit against Guess claimed that the retailer uses a flat screen POS device for debit or credit card transactions that does not distinguish numeric references. Thus, the plaintiff claims that blind or visually impaired consumers must disclose their personal identification number (i.e., PIN) in order to complete a transaction. The plaintiff further asserted that the retailer did not have auxiliary aids or services to make the POS devices fully accessible. The complaint states that Guess’ POS system violates Title III of the ADA, California Financial Code Sec. 13082, the California Unruh Civil Rights Act and the California Disabled Persons Act. In the complaint against PetSmart, the plaintiffs allege that PetSmart is knowingly denying blind individuals equal access to its goods and services by failing to offer a touch screen alternative at the point of sale, and allege that the touchscreens cannot be used by blind people or those with visual impairment because all information and prompts at the point of sale are communicated visually. Notably, plaintiffs allege this requires blind customers to verbally disclose their PIN numbers to sales associates in order to complete debit card purchases which compromises the privacy and security of those customers. This lawsuit is the most recent in a string of suits filed against retailers for ADA violations with respect to their POS devices. The PetSmart case is currently pending in U.S. District Court in Colorado.
TIP: Those companies subject to the ADA have an obligation to make their goods and services available to individuals with disabilities. Those obligations may extend to technology offerings in-store and, in some cases, in the online and mobile context. Companies should work with counsel to determine their obligations under the ADA.
How to Use the End of the Telethon to Teach Students to Cover Students to Cover Disability Rights
PBS MediaShift