P.H. Glatfelter to Pay $180,000 to Settle EEOC Disability Discrimination Lawsuit
P.H. Glatfelter Company, a global paper manufacturer headquartered in York, Pa., will pay $180,000 and provide significant equitable relief to settle a federal disability discrimination lawsuit, the U.S. Equal Employment Opportunity Commission (EEOC) announced yesterday.
EEOC charged that Glatfelter required all individuals who applied for or worked in positions involving operation of forklifts or similar motorized industrial equipment to undergo a medical examination and pass a U.S. Department of Transportation (DOT) physical qualification standard for the operation of commercial motor vehicles. Federal law does not require drivers of forklifts or similar equipment to pass the DOT standards for commercial motor vehicles. According to the suit, Glatfelter nonetheless applied the DOT standards in a manner that screened out qualified individuals with disabilities.
NHC Healthcare/Clinton, LLC, a licensed nursing center that provides a wide array of skilled nursing, therapeutic and rehabilitative services, has agreed to pay $50,000 and provide substantial injunctive relief to settle a pregnancy and disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced yesterday.
Strategies for Defending ADA Accessibility “Tester” Lawsuits
JD Supra
In the last 15 months, over 200 complaints alleging ADA accessibility violations have been filed by three individual plaintiffs against Arizona retailers, restaurants, and hospitality entities. These "tester" cases assert nearly identical allegations related to improper construction of restroom facilities and check-out counters, and, in the case of hotels, failure to provide a pool lift. Two of the plaintiffs claim to reside in Arizona and one resides out of state, but all three seek the same remedies: injunctive relief to retrofit the property and attorneys' fees and costs. [1]
Although much has been written to put businesses on notice of these lurking claims, little has been written on whether and how to defend them. Now, however, we have the benefit of 15 months of procedural history in these tester cases to teach us what works, what doesn't work, and why.
Gogo and US Deaf group agree landmark captioning deal
Gogo – in its guise as a growing provider of inflight entertainment thanks to its on-demand streaming service, Gogo Vision – is taking a laudable step towards accessibility with a closed captioning agreement with the US National Association of the Deaf (NAD).
The deal between Gogo and the non-profit civil rights association centres around three key areas: Gogo adding the closed captioning technology that enables passengers to view closed captions, Gogo beginning to source content with those captions, and Gogo agreeing to complete that sourcing within 18 months – by June 30, 2017.
The two parties note in a statement that “this is the first agreement of its kind with an inflight entertainment company, and is the result of the parties’ mutual intent to increase access for people who are deaf and hard of hearing to movies and television that are viewed in flight on US domestic flights. Passengers using their own personal wifi-enabled devices can access a Gogo Vision server located on aircraft of certain airlines that contain an extensive library of movies and television shows.”
Disabled woman accuses Mandina's Restaurant of violating ADA
The Louisiana Record
A paraplegic St. Tammany Parish woman is suing Mandina’s Restaurant, and the owner of its rented location, claiming the establishment lacks appropriate access for handicapped diners.
Yadi Mark filed a lawsuit Jan. 22 in U.S. District Court for the Eastern District of Louisiana against Mandina’s Inc., doing business as Mandina’s Restaurant, and John H. Bagley, alleging violations of the Americans with Disabilities Act.
According to the complaint, Bagley, who owns or leases Mandina’s location in the Azalea Square shopping center at 4240 LA-22 in Mandeville, is required to comply with ADA rules regarding handicapped-accessible parking and other accommodations. The suit says the property has curb cuts that are too steep, separate buildings at the center that are not connected by an accessible route, and signage is missing from some handicapped-designated parking spaces.
Mark is asking the court to issue an order for the defendants to make the necessary improvements, plus reimbursement for her legal costs. She is represented by attorneys Andrew D. Bizer, Garret S. DeReus and Amanda K. Klevorn of the Bizer Law Firm in New Orleans.
U.S. District Court for the Eastern District Case number 2:16-cv-00538