ADA claims against St. Joseph County courts fail in 7th Circuit
Indiana Lawyer
The 7th Circuit Court of Appeals upheld summary judgment for the St. Joseph County court system in a case involving accessibility of the St. Joseph County Courthouse and the Mishawaka County Services Building. The court said many of the plaintiffs’ claims lack standing, while others failed to raise genuine disputes of material fact.
However, the lawsuit hasn’t been a total loss for the plaintiffs. It’s already brought several changes to the St. Joseph County Courthouse, including remodeling the restrooms to make them compliant with the Americans with Disabilities Act and several changes to state court policies.
United Parcel Service sued for alleged Americans with Disabilities violation
Southeast Texas Record
A business manager is suing United Parcel Service, a logistics company, citing alleged failure to uphold Americans with Disabilities Act regulations, retaliation and violation of the Family and Medical Leave Act.
Kurt Fahrenthold filed a complaint on March 9 in the U.S. District Court for the Southern District of Texas Houston Division against United Parcel Service Incorporated, alleging that the logistics company intentionally violated the Family and Medical Leave Act and the Americans with Disabilities Act.
FMLA and ADA interplay quiz: Benefits coverage for employee on unpaid leave
Compensation.BLR.com
Although the legal requirements of the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) are similar in some regards, at times an employer may find that the requirements of one law contradict the other. In these cases, it is important to know which law takes precedence, or “trumps,” the other.
Dollar General's Firing of Employee on Leave Did Not Violate the ADA or FMLA
Lexology
A recent Eleventh Circuit case under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA) approved Dollar General’s termination of an employee on leave. The timing of Dollar General’s decision could not have been worse (at least from a lawyer’s perspective)—the employee was still on leave for cancer treatment when the company determined she had committed a terminable offense. Despite this unfortunate temporal proximity to her FMLA leave, the Eleventh Circuit found Dollar General’s investigation and decision making were unrelated to her disability and leave, and affirmed summary judgment for the company.
The Daily Pennsylvanian
For Engineering freshman Hannah Sheetz, Penn’s dining experience has been nothing short of, as she put it, “terrible.”
Sheetz suffers from severe celiac disease, which causes her to become violently ill when she consumes gluten. Unlike many people who avoid gluten for dietary reasons, Sheetz’s disease has made planning her meals a lifetime struggle. Even tiny amounts of gluten, unnoticeable to many, can leave Sheetz feeling extremely sick.
Although her dietary restriction all but prevents her from eating at dining halls, Penn Dining and Student Disability Services have continually refused to refund her meal plan.
According to multiple lawyers interviewed by The Daily Pennsylvanian, her treatment by Penn Dining and SDS may even be in violation of laws protecting students with disabilities.
The Americans with Disabilities Act and Rehabilitation Act apply to Penn as a private college because it receives federal funding. The laws require Penn to reasonably modify their policies in order to provide “equivalent access” to benefits for disabled students, said Rutgers Law School professor and disability law expert Katie Eyer.
Bill to curb abusive ADA suits advances
Minneapolis Star Tribune
Minnesota legislature
Bill to curb 'abusive' ADA suits advances
Legislation aimed at curbing "abusive" lawsuits under state disability laws, while encouraging businesses to provide full access to disabled customers, passed its first committee hearing earlier this month in the Minnesota House.
The bill was approved by the House Civil Law Committee on a bipartisan vote. A companion measure is headed for a hearing in the Senate Judiciary Committee in April.
The legislation has support from business and agencies representing the disabled.
Perkins Access Makes Improving Digital Accessibility Easier than Ever
Huffington Post
For most people who log onto the Internet every day, the accessibility of a webpage is one of the last things that enters their minds. If you aren’t blind or deaf, or don’t have a disability such as a mobility disorder that makes it difficult to navigate webpages with a mouse, chances are that the web is optimized for your use and is easy to navigate. However, for many web users with disabilities, the lack of accessibility of webpages is a problem that inhibits their fundamental ability to access information on the web. For many companies, designing websites with disabled customers and users in mind isn’t on their radar.
Deaf and hard of hearing fight to be heard, 25 years after disability law
Bend Bulletin
Last year was the 25th anniversary of the Americans With Disabilities Act. While the broader culture has become accustomed to certain changes the law has engendered, particularly wheelchair access, the rights of the deaf have frequently been misunderstood or simply disregarded.
Recently, however, a deaf rights movement has begun to gain ground, particularly in New York.
Suit claims Lapalco Plaza violates ADA
The Louisiana Record
A Jefferson Parish man is suing the owner of the Lapalco Plaza over claims it is not disability-compliant.
Lawrence Fultz filed a lawsuit March 21 in U.S. District Court for the Eastern District of Louisiana against Brackley-Stumpf Properties III LLC, alleging violations of the Americans with Disabilities Act.
Florida man alleges property in Wayne violates ADA
The Pennsylvania Record
A Florida man has filed a class-action suit against the property owners of Eagle Village Shops in Wayne over claims the property is not wheelchair-compliant.
Employer Wellness Plans May Raise Data Collection Issues
Bloomberg BNA
Employers that offer wellness programs and use “wearable technology” to collect employee health data must navigate through a variety of federal statutes, employment attorneys said in a conference session March 18.
Navigating through potential legal issues with wellness plans can be a tremendous challenge, J. Timothy McDonald said during a panel discussion. There may be implications under the Americans with Disabilities Act, the Genetic Information Nondiscrimination Act, the Health Insurance Portability and Accountability Act and the Employee Retirement Income Security Act, McDonald, a management attorney with Thompson Hine LLP in Atlanta, said.