ADA in the News: December 4, 2015

Technical Assistance Document: ADA Compliance Brief: Restriping Parking Spaces | PDF

Is Hiring Best Qualified Candidate an ADA Violation?

Oregon Business News

Sometimes it seems like EEOC tests its theories on the fly rather than thinking about them first. This week’s (fictional) mailbag is filled with questions from HR managers wondering if they could get in trouble for hiring the most qualified candidate. The Bullard Edge wishes that “no” was the simple answer. That is not the case though, as illustrated by our response to a mailbag question from Shae Watt, Mid-Town Bread Company’s HR Manager.

ADA 'Drive-By' Lawsuits Are Targeting Restaurants

Mondaq News Alerts

Despite its commendable purposes, the ADA has been increasingly abused for profit by individuals, organizations and plaintiffs’ attorneys.

More and more plaintiffs' attorneys are targeting restaurants, bars and retail establishments in urban areas for "drive-by" lawsuits under Title III of the Americans with Disabilities Act (ADA). Despite its commendable purposes, the ADA has been increasingly abused by individuals, organizations and plaintiffs' attorneys for monetary gain. Chicago, New York, L.A. and other metropolitan areas have developed into hotbeds for these cases. It is not unusual for a single plaintiff in these areas to file 200 to 300 lawsuits alone in a relatively short period. Fortunately, with an understanding of the anatomy of Title III cases, businesses can take proactive measures to deter and defeat these drive-by claims.

City of Okmulgee settles federal lawsuit with fired police officer

Tulsa World

The city of Okmulgee has settled a federal lawsuit with a former police officer who claimed he was fired because of his epilepsy.

Man sues Wawa Inc. alleging violation of ADA

The Pennsylvania Record

A Wayne man is suing his former employer alleging violation of disability accommodations when he was terminated from his position.
Robert Oliver filed a complaint on Oct. 29 in the U.S. District Court for the Eastern District of Pennsylvania against his employer, Wawa Inc., alleging violation of the Americans with Disabilities Act and the Pennsylvania Human Relations Act.

Students with disabilities battle inaccessibility and isolation

Daily Californian

Although compliant with ADA guidelines, many areas of the Berkeley campus remain problematic for disabled students.

Technology for All: The Need For A More Accessible Workplace

Nextgov

The current employment rate for people with disabilities stands at only 17 percent. This statistic speaks volumes to the fact that more needs to be done to make the workplace more accessible.

Living with HIV: Employer Obligations under the ADA

JD Supra

On the occasion of World AIDS Day, the EEOC released two new publications designed to assist employees and their health care providers in handling HIV/AIDS in the workplace.  The new publications got us (and some other employment law bloggers we admire) thinking about what employers’ obligations are when an employee is HIV positive.

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