Metropolitan Corporate Counsel
Last April, Mary West and Patricia Diamond visited a Moe’s Restaurant, where they attempted to use a “Freestyle” drink dispenser, which allows customers to select from over 100 different beverages using a touch screen interface. Both women are blind, and neither could use the dispenser’s touch screen. They asked for assistance from restaurant employees, but were ultimately assisted by another customer instead.
Eleven days later, they filed a class action lawsuit in the Southern District of New York against the franchisee that owned the restaurant, claiming that it violated the ADA by using machines that lacked “adaptive features,” such as a screen reader with audio descriptions and tactilely discernible control buttons that enable blind customers to use the dispensers independently.
Last month, siding with the restaurant, Judge William Pauley III dismissed the action. Understanding his reasons, and why his decision is important, requires a short review of the “auxiliary aids” standard of the Americans with Disabilities Act.
$10.6 million verdict for former Norfolk Southern conductor in ADA suit might be short-lived
AL.com
A federal jury last week found Norfolk Southern Railway violated the Americans with Disabilities Act and should pay a former conductor nearly $10.6 million for refusing to allow him to return to work after he was injured in a non-work-related incident.
But after Friday's verdict the judge tossed out the jury award to former conductor Warren Whitted because the ADA limits damage amounts.
The trial at the Hugo L. Black U.S. Courthouse in Birmingham began Tuesday before U.S. District Judge Virginia Hopkins with opening statements. It ended Friday with the jury verdict in favor of Warren for $10,596,521.
Jurors awarded Whitted $96,521 for lost wages and benefits, $2.5 million for emotional pain and mental anguish, $8 million in punitive damages.
6 things you need to know about ADA Accommodations
Lexology
The Americans with Disabilities Act (ADA) is a civil rights law that was signed into law on July 26th, 1990. The ADA prohibits discrimination against, and provides equal opportunity for, individuals with mental or physical disabilities in relation to employment and use of public services. Amongst other employment related requirements, reasonable accommodations may need to be made for disabled employees, provided it doesn’t cause an undue hardship for the employer.
Here are 6 things every employer should know about ADA accommodations.
Lexology
The ADA Amendments Act of 2008 (ADAAA) brought broad speculation that a large percentage of employees would qualify as “disabled” as defined under the amended ADA and employers would have to focus attention on engaging in the interactive process to identify a reasonable accommodation. While it is true that the ADAAA has increased the importance of engaging in the interactive process to review possible accommodations, it is still equally important to consider whether the employee is a “qualified individual with a disability” under the ADAAA. The 7th Circuit’s recent ruling inEqual Employment Opportunity Commission v. AutoZone, Inc., No. 15-1753 (7th Cir. Jan. 4, 2016), upheld dismissal of a disability claim because the employee could not perform the essential functions of the job and, thus, was not a “qualified individual with a disability.”
[Understanding Disability] There's room for growth in ADA-complaint transportation
Santa Fe New Mexican
For people with disabilities, transportation remains a significant barrier to participating in the community, according to a 2012 report by the National Council on Disability.
DOJ and Alabama developer agree to settle ADA complaints in four states
AL.com
A Florence-based company and its owner, on Friday announced it had reached an agreement to settle claims by the U.S. Department of Justice that the company failed to meet the technical accessibility requirements for apartments under the Fair Housing Act and Americans with Disabilities Act.
More Than Just Baby Blues: Dealing With Postpartum Depression
Madame Noire
After the birth of her baby daughter PR/branding expert Karen Taylor Bass knew something was wrong. The hardworking entrepreneur and founder of TaylorMade Media discovered she was suffering from postpartum depression (PPD). “I realized that postpartum was happening right after my daughter was born. Although I was happy, sadness and anxiety was introduced into my life immediately upon discharge from the hospital,” she recalled.
Woman alleges Healthcare Services Group Inc. violated ADA
The Pennsylvania Record
A Dauphin County woman is seeking compensation over claims she was terminated after asking for accommodations for her disabilities.
Ebony Stephenson filed a complaint Jan. 4 in the U. S. District Court for the Middle District of Pennsylvania against Healthcare Services Group Inc., alleging violation of the Americans with Disabilities Act and the Pennsylvania Human Relations Act.
According to the claim, Stephenson was hired by the defendant in October 2013 and worked as a housekeeper at the defendant's Spring Creek Nursing Home. On April 10, 2014, Stephenson's supervisor allegedly made a comment about the plaintiff's knapsack, which implied that the plaintiff was a man, the suit says. Following this incident, the plaintiff says she requested the number of her supervisor's supervisor and was allegedly accused of being disrespectful. She was discharged from her position the same day and began to suffer from anxiety, the suit states. She was rehired the next month by the defendant at a different facility and requested accommodation for her disabilities, but was refused them, the suit says. She was later terminated in August 2014 and claims that the reasons were in retaliation to her accommodation request.
Stephenson seeks damages for emotional distress, lost wages, front and back pay and attorneys' fees. She is represented by Larry A. Weisberg and Derrek W. Cummings of McCarthy Weisberg Cummings PC in Harrisburg.
U. S. District Court for the Middle District of Pennsylvania Case number 1:16-cv-00010