ADA in the News: September 14, 2015

Dialysis Clinic To Pay $190,000 To Settle EEOC Disability Discrimination Suit

Nationwide healthcare provider Dialysis Clinic, Inc. has agreed to pay $190,000 to a former employee with breast cancer and furnish other relief to settle a federal disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.

According to EEOC's lawsuit, Dialysis Clinic violated federal law by firing and then refusing to rehire a long-time nurse who needed more medical leave to complete her treatment for breast cancer. Francisca Lee had worked as a nurse at the company's Sacramento Southgate location for 14 years when she took medical leave for mastectomy surgery and chemotherapy treatments. After four months, Dialysis Clinic notified Lee by mail that she was being terminated for exceeding the time limit dictated by its medical leave policy, the EEOC said. This was done despite Lee being on approved medical leave and cleared by her doctor to return to work without restrictions in less than two months. Lee was told that she would have to reapply for open positions. However, when Lee did apply two months later, she was rejected, and, not long after, Dialysis Clinic hired a newly licensed nurse.

Is Local Amusement Park Discriminating Against Customers with Disabilities?

VVNG Victor Valley News

On Saturday, September 12, 2015 a family went to the Scandia Family Fun Center located at 12627 Mariposa Rd, in Victorville to celebrate a birthday of a family member. They said that everything was going fine, until a 27-year-old member of the family that has Cerebral Palsy bought an unlimited ride bracelet, but was stopped from getting on the go carts.

According to the family, he was told that due to “safety concerns” he would not be able to ride any of the attractions there.  “It sure wasn’t a problem when they took his $20 for the unlimited bracelet,” said his cousin, Sara Dawn.

10th circuit: Oklahoma employee reveals medical issue at discipline meeting-now what?

HR.BLR.com

You're all set to discipline an underperforming employee. You sit down for the disciplinary meeting, but just as you start discussing the employee's performance problems, she reveals she has back and neck pain because of work-related stress. What do you do? This article provides some practical steps you can take to handle this all-too-common workplace scenario.

US joins blind student's lawsuit against Miami University

WLWT Cincinnati

A federal judge has allowed the U.S. government to join a blind Miami University student's lawsuit accusing the southwest Ohio school of using technology that presents a barrier to her education.

Chicago Restaurant Apologizes After Vet Told to Leave Because of Service Dog

NBC Chicago

Maj. Diggs Brown, a veteran of the Army Special Forces, said he and his service dog Arthur Barker Black were denied service at Cochon Volant in the city’s Loop

Victory for small businesses plagued by ADA lawsuits

OCRegister

Business owners and the disability community scored a notable victory last week. The California Assembly approved Senate Bill 251 Thursday, expanding protections of small business owners from frivolous lawsuits and providing greater opportunities for compliance with the Americans with Disabilities Act of 1990.

Online retailers beware: ADA expansion to require enhanced web accessibility for disabled

Lexology

Wheelchair ramps and accessible parking spaces soon may not be enough for retailers to comply with the Americans with Disabilities Act (ADA). As companies continue to expand their online presence, the number of suits brought against retailers for non-compliance with the ADA has grown, especially litigation related to the websites of large retail chains, many of whose websites allegedly do not allow hearing- or sight-impaired individuals easy access to the services provided by retail websites. Trade associations have filed similar claims as they continue to petition for non-discriminatory treatment for those with disabilities, with the ultimate goal of retail websites that cater to the needs of the disabled by providing features such as closed captioning for the deaf or screen reader-compatible content for the blind.

Employers face tough challenges keeping the workplace safe

Business Insurance

ADA protections for some workers complicate the strategies

Activists push those with HIV, AIDS to know their ADA rights

WLS-TV

They are topics that most people don't easily connect: HIV/AIDS and the Americans with Disabilities Act.
But some activists are working to ensure that people living with the condition know their rights in hopes of eliminating discrimination.

Please Be Reasonable! Seventh Circuit Decision Highlights The Importance Of Process In Handling ADA Accommodation Requests

Mondaq News Alerts

Like many troublesome legal concepts, "reasonable accommodation," a cornerstone of the Americans with Disabilities Act (ADA), seems simple enough at first glance.  The challenge for employers comes in attempting to apply this elusive concept to real employees, with real medical or mental conditions, in real workplaces. 

IUP faces lawsuit for violations of Americans with Disabilities Act

Indiana University The Penn Online

Indiana University of Pennsylvania is facing a lawsuit by Johnathon Martin, who was a junior criminology major before he left the university, for violation of the Americans with Disabilities Act as well as section 504 of the Rehabilitation Act.

WATCH: How Accessible Is ROC For Individuals With Disabilities?

WXXI News

Festivals and concerts in public parks. Shops, galleries and restaurants lining city streets. These are just a handful of the things that make community life enjoyable in any given city. But one thing that may not come to mind for many is how accessible these activities are for individuals with disabilities. The Americans with Disabilities Act requires local and state governments to make their programs and services accessible to people with disabilities. So just how easy it for area residents to get around in our city if they have a disability? Are there gaps that need to be addressed or new efforts to better address this matter?

Uber to expand wheelchair-accessible service in Portland

OregonLive.com

Uber said Monday it plans to expand its wheelchair-accessible vehicle service in Portland, in part by allowing owners of such vehicles to register as Uber drivers.

Lawsuit claims Belk store fails to meet Americans with Disabilities standards

Charlotte Business Journal (blog)

Charlotte-based retailer Belk Inc. is facing a lawsuit that claims one of the company’s department stores in Lee County discriminated against a woman with multiple sclerosis by allegedly failing to provide facilities that comply with the Americans with Disabilities Act.

In a recent complaint, Jackie Blue of Fayetteville claims the Belk store located in the Riverbirch Corner Shopping Center in Sanford includes “architectural barriers” that have allegedly endangered her safety and made visiting the store difficult. Because of her illness, Blue requires the use of a wheelchair.

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