Walmart’s transfer of stocker with MS to overnight cashier job not adverse action
A Walmart stocker who suffered from Multiple Sclerosis did not experience an adverse employment action when, as a result of job restrictions, she was transferred to an overnight cashier position. While physically less strenuous, the new position had almost identical skill requirements and her acceptance of the job was accompanied by a $.20/hour raise. Because she failed to make out a prima facie case of discrimination, she could not prove that Walmart failed to accommodate her disability, ruled the Eighth Circuit, affirming summary judgment against her ADA and state-law disability bias claims. ( Kelleher v Wal-Mart Stores, Inc, 8thCir, March 31, 2016, Kelly, J.)
Protected activity evidenced by manager’s perception that employee had complained
Noting that the Third Circuit has recognized a perception theory for nearly identical anti-retaliation provisions under the ADA and the ADEA, a federal district court in Pennsylvania entertained a similar argument in a Title VII case brought by a fired transit employee who alleged he was fired because his manager perceived that he was engaging in protected activity. A genuine issue of material fact existed as to whether the manager had that perception. Summary judgment was denied in part. (Braddock v SEPTA, EDPa, March 28, 2016, O'Neill, T.)
Eagle Village Shops hit with ADA lawsuit; plaintiff involved numerous other ADA compliance lawsuits
Main Line
A wheelchair-bound Florida man filed a federal lawsuit recently against Village Associates, owner of Eagle Village Shops in Wayne, claiming the small shopping center is not compliant with the Americans with Disabilities Law.
Appeals court dismisses $185K in fines, damages against Benjamin Companies over ADA accommodations
The Real Deal Magazine
A state appellate court last week dismissed a city agency’s $185,000 claim against the Benjamin Companies, finding that the landlord was just in denying a paraplegic tenant a wheelchair ramp to her first floor Astoria apartment because the costs were too burdensome.
The ruling, handed down March 30, theoretically settles roughly six years of legal wrangling between tenant Irene Politis, the city’s Commission of Human Rights, and Long Island-based Benjamin Companies. Landlords are required under the city’s Human Rights Law to provide reasonable accommodations for disabled tenants unless it causes undue financial hardship.
HR Director May Be Liable for FMLA Breach
SHRM
A former Culinary Institute of America (CIA) employee who was fired after taking leave to care for her two sons has triable Family and Medical Leave Act (FMLA) claims against both her employer and the HR director who instigated her discharge, the 2nd U.S. Circuit Court of Appeals ruled. The court held that the “economic reality” test used under the Fair Labor Standards Act (FLSA) to decide if an individual manager may be considered an “employer” also applies under the FMLA.
Woman sues company for allegedly firing her for having had a heart attack
The Pennsylvania Record
A woman who worked as a warehouse manager is suing her former employer over allegations that she was unlawfully fired for her heart condition.
Isaura Pereira filed a lawsuit on March 28 in the U.S. District Court for the Eastern District of Pennsylvania against Best Friend Products Corp. and William F. Efrain, citing unlawful disability discrimination in violations of the Americans with Disabilities Act (ADA), the Pennsylvania Human Relations Act, and the Family and Medical Leave Act.
According to the complaint, Pereira is a former employee of the defendant, having worked as a warehouse manager from approximately Aug. 6, 2012, until Aug. 16, 2013. Earlier in August 2012, the plaintiff reportedly suffered a heart attack and was hospitalized.
Philadelphia school district denies ADA allegations, told to schedule settlement conference
The Pennsylvania Record
A federal court judge has ordered a settlement conference to resolve a former teacher’s allegations that the Philadelphia school system discriminated against him because of a medical condition, then retaliated when he complained.
In March, attorneys for Martin A. Orzek and the School District of Philadelphia were given 30 days to contact Magistrate Judge Linda K. Caracappa to schedule a settlement conference, an order signed by Petrese B. Tucker, a judge in the U.S. District Court for the Eastern District of Pennsylvania, said.
In October 2015, Orzek, a high school English and social studies teacher who had been reassigned to teach sixth grade, filed a lawsuit against the district seeking $150,000 to compensate him for alleged violations of the Americans With Disabilities Act.
He also claimed that the administration’s actions ran afoul of the Pennsylvania Human Rights Act and Title VII of the Civil Rights Act.
Law column: Mental disorders in the workplace
The Gazette: Eastern Iowa Breaking News and Headlines
Anxiety and depression can affect anyone. We all read about the struggles of such celebrities as Robin Williams, Lady Gaga and the Rock. But everyday people also similarly suffer from mental health issues, too.
ADA, FMLA and Medical Marijuana, How Do They Mix?
Lexology
Almost a majority of the states allow medical marijuana, so a common question is how does the use of medical marijuana affect the rights under other laws, and in particular, the Family Medical Leave Act (“FMLA”) and the Americans With Disabilities Act (“ADA”)?
10 Things You Should Know When Traveling With a Wheelchair
Huffington Post
Traveling with a paralyzing, terminal illness is not for the faint of heart. Here are 10 things you should know if you want to defy (or just completely ignore) the limitations of your disability.
Rapid City to spend $1.3 million on civic center ADA fixes; Black Hills Corp. gets $6 million TIF
Rapid City Journal
People with disabilities who visit the Rushmore Plaza Civic Center will soon be able to navigate most of the building safely after the Rapid City Council voted Monday to spend $1.3 million of local sales tax revenue into fixing many of the building's disability violations.
Mother of Son with Autism Sues for Locker Room Access
Athletic Business
The city of Detroit was recently compelled to change its policy regarding recreation center locker rooms after being sued for discrimination by the mother of a boy with autism.
Previous policy prohibited children older than 18 months from entering the locker room designated for the opposite sex, according to the Detroit Free Press. There were no special circumstances, even in the case of a child with special needs.
The woman’s 5-year-old son needs help to change into his swimsuit. When the woman asked the Adams Butzel Recreation Center if she could take him into the women’s locker room with her, the request was denied and she was told to either bring a male relative to help the boy, allow a male staff member to assist in the men’s locker room, or to visit another rec facility.
That’s when the woman filed a complaint with the U.S Attorney’s office. She claimed that by not allowing her son to accompany her into the women’s locker room, the policy was in violation of the Americans with Disabilities Act.
Service-animal fraud throws the ADA to the dogs
R Street
A wave of animal friendliness has swept, and continues to sweep, the nation. Once relegated to waiting for his owner to return from a trip to the store, Fido now enjoys outings down aisles A through Z.