Settlement Agreement: Mt. Pleasant Public Schools
Document every ADA accommodation offer
Business Management Daily
Sometimes, an employee doesn’t want to ask for disability accommodations, even though it would help him perform his job. Regardless, document your offer to accommodate.
That could be a legal life-saver if you ever have to terminate the employee for poor performance.
Recent case: Ed worked as an MRI tech at a New York hospital.
Despite 15 years of experience, he received consistently poor evaluations. Ed’s supervisor criticized his bedside manner as well as his technical skills—he once allowed a patient to wear a jewelry during an exam, which could have been deadly.
Ed fell at home and hit his head. The resulting hematoma required a lengthy FMLA leave to recover. He also developed diabetes and other medical problems. When he returned from FMLA leave, his supervisor asked if Ed needed anything else to perform his job better. Ed said he didn’t need an accommodation, training or anything else.
Over the next few months, Ed’s performance remained substandard. His boss again asked several times if Ed needed help doing his job successfully. Ed always denied needing any assistance or being disabled.
Finally, the hospital terminated Ed for poor performance. He applied for Social Security disability benefits, alleging he could no longer work. But he also sued under the ADA, alleging failure to accommodate his disabilities. But the hospital could demonstrate that it had made repeated accommodation offers.
The court dismissed Ed’s case, since it was he who had refused to engage in the interactive accommodations process, not the hospital. (Estrada v. St. Francis Hospital, No. 13-CV-1243, ED NY, 2015)
FMLA: Tennessee court restores unemployment for worker who didn't return from leave
HR.BLR.com
Under Tennessee law, a former employee isn't eligible for unemployment benefits if she left her most recent job voluntarily without good cause connected to her work. However, the law creates an exception to that rule (known as the "medical exception") if the employee was forced to leave because she was sick or disabled and she meets certain notice requirements, including offering to return once she is able to work.
Federal judges denies PF Chang's motion to dismiss amended complaint over its gluten-free menu
Legal News Line
A California federal judge ruled last month that a class action lawsuit brought against P.F. Chang’s for allegedly charging more for gluten-free menu items can continue.
Sixth Circuit Sides with City of Troy in Disability Case
WMUK
The US Sixth Circuit Court of Appeals has upheld the city of Troy’s decision to place a police officer on unpaid leave following his brain surgery.
The officer sued the city under the Americans with Disabilities Act. Patrol Officer Todd Michael worked for the Troy Police Department since 1987. He had three surgeries between in 2007 and 2009 to remove part of a non-cancerous brain tumor.
Following each surgery, Michael was placed on paid medical leave until he was ready to return to work. However, during that time, Michael’s wife and superiors noticed aberrant behavior, including tagging along with a cocaine dealer on drug deals.
Michael sued under the ADA after he was placed on unpaid administrative leave, saying he was discriminated against because of his disability. Medical experts brought in by the city and Michael disagreed on his fitness to safely return to work.
The Sixth Circuit Court of Appeals said the city acted properly because it was “objectively reasonable” to conclude there was no accommodation that could be made to safely return Officer Michael to patrol duty.
From the majority opinion:
“Reasonable doctors of course can disagree—as they disagree here—as to whether a particular employee can safely perform the functions of his job. That is why the law requires only that the employer rely on an “objectively reasonable” opinion, rather than an opinion that is correct.”
One judge dissented and said that sorting out that decision should have been the responsibility of a jury.
Absence of US Regulation Leads to Web Accessibility Lawsuits
Practical Ecommerce
In the absence of clear U.S. government regulation or even clear guidance, there have been many web accessibility lawsuits that simultaneously bring attention to web accessibility and, perhaps unfairly and unnecessarily, cost well-intentioned businesses money.
In 2015, there have been more than 40 web accessibility lawsuits filed against American businesses under the Americans with Disabilities Act, according to an article (PDF) published in Bloomberg’s Electronic Commerce and Law Report in November 2015.
Employment Law This Week: ADA Violation
Lexology
Alleged ADA Violation Challenged
Orion Energy Systems and the Equal Employment Opportunity Commission (EEOC) both moved for summary judgment in their ongoing wellness program penalty battle. Orion offered a wellness program through which the company paid the health insurance premiums of participating employees who took a medical exam. The plaintiff refused and therefore had to pay more than $400 per month to cover her insurance premiums, along with a $50 monthly penalty for refusing the fitness part of the program. Orion claims that the medical exam was voluntary, but the EEOC contends that the financial consequences made it involuntary and illegal under the Americans with Disabilities Act (ADA).
Buzzer system will address courthouse skywalk's ADA violation
Waco Tribune-Herald
McLennan County leaders found an alternative to bringing down and rebuilding the third-floor skywalk between the courthouse and the annex building to address one of a long list of Americans With Disabilities Act violations.
10 Tips for Including People With Disabilities in Your Party
Huffington Post
With the holiday season upon us, it's easy to hold a party where all guests -- with and without disabilities -- feel welcomed, respected and have fun. All it takes is some planning. With some help from Alie Kriofske Mainella, a Wisconsin-based expert on working for inclusion of people with disabilities, here are some tips to ensure your parties are inclusive, thoughtful and welcoming to all.
We are family—And now we have protected status
HR.BLR.com
On January 1, a new law in New York will make “familial status” a protected characteristic under the state’s fair employment law. With the new law, New York joins several other states (including Alaska, Oregon, Minnesota, Pennsylvania, and the District of Columbia) that expressly prohibit an employer from discriminating against an applicant or employee because of familial status—or, in some jurisdictions—family responsibilities.
Nut-Allergic Boy and Friend Take Legal Action Against Youth Theater Program
Allergic Living
Two Massachusetts children were barred from a youth production of William Shakespeare’s The Tempest, due to what their lawyer describes as discrimination related to one of the kids’ severe food allergies.
Through their parents, the children have made a formal complaint with the U.S. Department of Justice and the Massachusetts Commission Against Discrimination. The complaint, filed Nov. 3, alleges discrimination on the basis of disability by the theater company, and requests substantive changes to the troupe’s policies for dealing with children with disabilities.
Disabilities in NYC: an Unnecessary Struggle Just to Get Around
The Brooklyn Ink
For Dustin Jones, heading to work isn’t as simple as jumping on the subway. Jones lost his left foot in November 2011 to what he calls a “freak accident,” after a small cut turned into an infection and doctors eventually had to amputate. In a wheelchair now, he compares his daily commute to an obstacle course.
Service dogs vs. support dogs: understanding ADA
WAAY
Support dogs versus service dogs. One can be lifesaving, the other, there's no official certification on.
And there's a loophole that could allow non-service dogs inside public buildings.
Just about any dog owner could get away with going into buildings with their pets under the Americans with Disabilities Act, because businesses aren't allowed to ask for any certification or proof.
Local Groups File Lawsuit Against Dayton Mall
WYSO
Two local organizations have filed a lawsuit in federal court saying the Dayton Mall’s bus stop discriminates against people with disabilities.