ADA in the News: October 30, 2015

Colorado league will allow child with dwarfism to wrestle younger kids

The Denver Post

A Colorado wrestling league has agreed to allow a child who has dwarfism to wrestle with younger kids, according to a settlement with the Justice Department.

The Pikes Peak Wrestling League, which has 4,000 youth members, had refused to modify its policies in practices to allow the boy to compete against kids his weight and size of a younger age, according to a Justice Department news release Thursday.

The settlement also involves the Pikes Peak Youth Sports Association and the Peak Youth Sports Association, the news release says.

Consent Decree: Pikes Peak Youth Sports Association | Complaint

Five Recent Developments in Labor and Employment Law That Health Care Employers Need to Know

JD Supra

In this month’s Take Five, we will analyze these issues and provide guidance in responding to these challenges:

  1. OSHA’s Aggressive Enforcement Initiative Against Inpatient Health Care Facilities and Nursing Homes
  2. Elimination of the Minimum Wage and Overtime Exemptions for Home Health Companionship and Live-In Care Employees of Third-Party Providers
  3. Marijuana in the Workplace: The Growing Conflict Between Drug and Employment Laws
  4. Doctors, Unions, and Protected Activity
  5. The NLRB’s New Test for Determining “Joint Employer” Status: Consequences for Health Care and Life Science Employers

Seventh Circuit decision offers lesson in USERRA compliance

Lexology

Providing an important reminder regarding compliance with the Uniformed Services Employment and Reemployment Rights Act (USERRA), the Seventh Circuit Court of Appeals reversed summary judgment in favor of an employer and remanded an employee’s lawsuit that she was subjected to discrimination based on her military status back to the trial court for further proceedings. During her six and a half years of employment with Volvo, a worker was granted more than 900 days of military leave for training and for her deployment to Iraq and Kuwait. When she returned from her tours of duty, the employee experienced post-traumatic stress disorder (PTSD) and took more time off. After she was fired for tardiness, the employee sued, alleging discrimination under both USERRA and the Americans with Disabilities Act (ADA) based on her PTSD. A federal court judge granted summary judgment for Volvo, noting the employer’s patience over a period of six years. But the federal appellate panel reversed, ruling that a jury could find that the plaintiff’s discharge was motivated by the employer’s long-standing frustration with her frequent absences due to military service. The court focused on multiple e-mails from management complaining about her absences and her lack of communication during deployment, as well as the employee’s allegation that her supervisor told her she was an “undue hardship” to the company. The decision provides an important lesson for employers about compliance with USERRA. Even though the employer provided all of the leave mandated by the statute, the court found that communications expressing frustration with the worker’s absences demonstrated a possible discriminatory motive for her termination.

Port St. Lucie man filing multiple lawsuits in Martin, St. Lucie over non-compliance with ADA

TCPalm

Federal lawsuits seeking to enforce the Americans with Disabilities Act are still common 22 years after it was enacted, but a disabled Port St. Lucie man has stepped up the pace of such lawsuits in Martin and St. Lucie counties.

Disability Rights California's Report Finds Inadequate Mental Health Care in Sacramento County Jail

PR MediaRelease

According to the report, http://www.disabilityrightsca.org/pubs/702701.pdf, prisoners with mental health needs are subjected to excessive isolation and solitary confinement, and are denied basic mental health care.

DRC found many prisoners are held in small cells for 22 to 24 hours a day, with only a few hours of out-of-cell time per week. The jail does not exclude prisoners with mental health disabilities from these harsh conditions, which resulted in two recent deaths.

“Prolonged time in solitary confinement, especially for prisoners with mental health disabilities, damages them psychologically,” said DRC attorney Anne Hadreas. “Confining them to small cells for so many hours a day also violates the Americans with Disabilities Act, or ADA, and constitutional protections against cruel and unusual punishment.”

Students protest University disability policies

The Chicago Maroon

SDJ concentrated its chalking on areas like the Classics building and Haskell Hall, where the group says accessibility for students is limited, lacking a handicap button at certain entrances.

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