ADA lawsuit? But she wasn't even disabled!
Hr Morning
Employers beware: Just because a worker isn’t disabled doesn’t mean she can’t hit you with an ADA lawsuit.
Downriver Community Services Will Pay $31,000 to Settle EEOC Disability Discrimination Lawsuit
According to EEOC's suit, Downriver refused to extend additional unpaid leave to a peer counselor after surgery for a herniated disc, fired her based on her disability, and then refused to rehire her.
An employer may not deny reasonable accommodations to the known limitations of an employee with a disability unless the employer can demonstrate that an accommodation would impose an undue hardship on the operation of the business. Further, an employer cannot fire or refuse to rehire an employee because the employee has a disability. Any such conduct violates Title I of the Americans with Disabilities Act of 1990 (ADA).
EEOC sued Downriver (EEOC v. Downriver Community Services, Civil Action No. 4:15-cv-13060) in the U.S. District Court for the Eastern District of Michigan, after first attempting to reach a pre-litigation settlement through its conciliation process
In addition to the $31,000 in monetary relief, the three-year consent decree provides for training on the ADA and prohibits Downriver from denying a reasonable accommodation or terminating or refusing to rehire an employee on the basis of disability.
Court Rules That Employer Need Not Accommodate Medical Marijuana Use
Lexology
The issue of accommodating medical marijuana users in the workplace is becoming more common. As we reported last year, the Colorado Supreme Court has unanimously held that employers may still terminate employees who use medical marijuana – even though medical marijuana use was specifically authorized by the Colorado Constitution and even though Colorado law protects employees’ lawful off-duty conduct. The Court held that marijuana use (whether for medicinal or recreational use) remains unlawful under federal law; so medical marijuana use cannot be deemed “lawful” under the state’s off-duty conduct law.
Kaiser Nixes Interpreter for Emergency Patient
Courthouse News Service
Kaiser refused to get a sign language interpreter for an emergency room patient, worsening her outcome, she claims in a private attorney general action.
JD Supra (press release)
One of the most difficult issues an HR professional or in-house employment counsel faces is how to deal with an employee who cannot return to work after FMLA leave expires. Is additional leave beyond 12 weeks required? The answer is almost always ‘yes.’ But how much leave are we obligated to provide? And what if the employee already has taken months of leave and doesn’t really know when she’ll return?
ADA Claims Reach Into Cyberspace: Americans with Disabilities Act
The National Law Review
Most companies with brick-and-mortar locations are familiar with their obligations under Title III of the Americans with Disabilities Act (ADA), which forbids “places of public accommodation” from discriminating against those with disabilities. The Department of Justice (DOJ), charged with enforcing the ADA, has promulgated highly technical rules regarding structures such as ramps, doors and parking facilities. Both the DOJ and disabled individuals can bring legal claims under the ADA.
What companies may not know is that the ADA may also apply to websites. Blind and visually disabled people often use adaptive software to “read” websites and navigate using keystrokes rather than a mouse. For this assistive technology to work correctly, particular coding must be used in creating the website.
ADA Releases New Guidelines for Students With Dyslexia & Other Learning Disabilities
Education World
The U.S. Department of Justice has released final regulations for the Americans with Disabilities Act that focus on improving conditions, achievement for students with dyslexia and other learning disorders.
"The new regulation guide and letter to school districts address problematic policies which have required students and their families to undergo repeated costly testing for documentation of dyslexia, dysgraphia, dyscalculia, and other LDs,” says DyslexicAdvantage.org.
The guide also attempts to fix the problem of students with learning disabilities not being supported until they repeatedly fail; test accommodations should be made to reflect aptitude and achievement levels.
Disabled UW alum sues university over arena access
KVI-Radio
Going to a Husky basketball game at Alaska Airlines Arena takes little effort for most of us. Not for Conrad Reynoldson -- he was stricken with muscular dystrophy as a child and relies on a power chair to get around.
For years, his disability never really prevented him from attending UW basketball games and volleyball matches. He attended the UW School of Law from 2011 to 2014 and is now an attorney specializing in cases involved the disabled.
Now he's suing the University of Washington on his own behalf, claiming aspects of the arena and the university's ticket pricing are a violation of the American's with Disabilities Act.
"I just want equal access and enjoyment for everyone with mobility impairment," said Reynoldson.