Title II Technical Assistance - ADA Update: A Primer for State and Local Governments | PDF
Morbid Obesity is Not a Disability in Kentucky – For Now
The National Law Review
There’s no question that obesity is a national health crisis, with the Centers for Disease Control and Prevention estimating that more than a third of adults in the U.S. are obese. In 2013, the American Medical Association pronounced that it now finds obesity to be a disease, adding more fuel to the fire that suggests individuals afflicted with this disease could be considered “disabled” under the Americans with Disabilities Act (“ADA”). With regard to state law, however, the Kentucky Supreme Court closed the door – at least, for the time being – on disability claims with regard to obesity in the case of Pennington v. Wagner’s Pharmacy, Inc.[1]
Settlement reached with Winnewald Day Camp
MyCentralJersey.com
The U.S. Attorney’s Office has reached an Americans with Disabilities Act (ADA) settlement with Winnewald Day Camp in Lebanon to resolve allegations that Winnewald refused to accommodate a child in its summer camp in 2014 because the child had diabetes, U.S. Attorney Paul J. Fishman announced Friday.
Woman, fired after five days, sues former employer
The Pennsylvania Record
A Levittown resident brought allegations against her former employer alleging violation of disability law in 2014.
Margaret Hall sued Meenan Oil and Star Gas Partners in the U.S. District Court for the Eastern District of Pennsylvania on May 28, alleging an Americans with Disabilities Act violation.
The suit states that Hall was hired to work at the defendants’ Bristol location on or about Oct. 1 for credit and collections work. The plaintiff maintains that she suffers from disabilities related to arthritis and other conditions requiring occasional need for reasonable accommodations at work.
According to the complaint, the plaintiff was relegated to a position of observing rather than performing work and was subjected to discriminatory treatment from management due to her disabilities, including disparaging remarks.
Trending: owner/developer responsibilities for compliance with the ADA and FHA
Lexology
Real estate investors and developers of public accommodations and facilities, both large and small, should take note of recent case-law regarding retrofit liability for non-compliant facilities under the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. § 12101 et seq., and the Fair Housing Act of 1968 (FHA), 42 U.S.C. § 3601 et seq.
In separate cases, one before the Nevada Supreme Court and the other before the U.S. Court of Appeals for the Fourth Circuit, the owners/developers of a “public accommodation” were denied in their efforts (under contract and state law) to seek reimbursement and indemnities from design professionals for the costs to retrofit their properties required by the United States Department of Justice (DOJ) to comply with the ADA. In Nevada, the subject property was a casino. 15 apartment communities were the subject of the case before the Fourth Circuit. In both cases, applying the same rationale, the courts dismissed the claims.
Trending: web sites and mobile apps to comply with the ADA?
Lexology
2010, the United States Department of Justice (DOJ) issued guidance that web sites of “public accommodations” are covered by Title III of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. § 12101 et seq., and that they must be either (1) accessible or (2) the goods and services available on the web site must be provided in an alternative manner that affords “an equal degree of access.” Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Government Entities and Public Accommodations, 75 Fed. Reg. 43,460, at 43,466 (July 26, 2010). Proposed standards for “accessibility” of web sites are expected to be issued soon.
Travel Tip: ADA Turns 25, But Changes Still to Come for Travel
Peter Greenberg.com Travel News
This year marks the 25th anniversary of the Americans with Disabilities Act (ADA). While we’ve come a long way, the travel industry still has a lot of work ahead.
Uber has been hit with several lawsuits, with allegations of drivers discriminating against passengers in wheelchairs or traveling with service animals. Uber says it’s not technically a transportation service, but a technology company, so it doesn’t have to comply with ADA rules. Good luck selling that one, guys.
Telecommuting and Disability Employment Accommodations
Huffington Post (blog)
The Americans With Disabilities Act (ADA) of 1990 requires that an employer with 15 or more employees not discriminate against an otherwise qualified individual with a disability, among other provisions. Employment discrimination litigation under the ADA frequently focuses on the requirement that an employer provide a reasonable accommodation to a disabled employee unless it would cause an undue hardship to the employer. However, any accommodation need not change an essential job function as that would be inherently unreasonable. Is telecommuting a required reasonable accommodation? Consult an experienced attorney in an ADA or employment law specific situations.
ADA transforms access for people with disabilities
News & Observer
Twenty-five years ago, President George H.W. Bush signed the Americans with Disabilities Act and changed the world for the able and disabled alike.
Curbs grew cuts for wheelchairs. Buses learned to kneel. Buildings extended ramps beside steps. Doors widened, and buttons appeared for automatic opening. Hotels created roll-in showers. Businesses and government buildings reserved parking spaces for the handicapped. ATM machines began providing instructions in braille. On some street corners, traffic signals beep and say when to walk.
Changes brought by the ADA have made the disabled more able. That achievement speaks of the power of legislation to help people. And it speaks especially loudly today when Congress seems unable to agree on anything that would broadly improve the lives of Americans.