Consent Decree: Pain Management Care, P.C. | Complaint
Response to Defendants' Motion to Dismiss Complaint: Richmond City Sheriff's Office, Richmond, VA
Complaint and Consent Decree, including compensation information: Greyhound Lines, Inc.
Neenah Paper to Pay $33,000 to Settle EEOC Disability Discrimination Suit - 4/7/2016
EEOC's lawsuit charged that Neenah Paper, Inc. violated federal law by refusing to allow Kristoffer Gauthier to return to his job on the production floor for seven months because of his disability, a seizure disorder. The agency also alleged that, as a condition to return to work, Neenah Paper required Gauthier to take his anti-epileptic medication under observation during his shifts.
Bank of America Settles EEOC Disability Discrimination Lawsuit
According to EEOC's suit, Bank of America unlawfully denied a reasonable accommodation to a more than 12-year, deaf employee, who worked at a Bank of America vault location in Las Vegas. Rather than communicate with the employee using a sign language interpreter, the employee's managers and supervisors used other ineffective communication methods, such as writing notes, which were not understandable to him.
Disney Again Faulted Over Disability Access Policy
Disability Scoop
As dozens of lawsuits are readied for trial, a civil rights commission has found reason to believe that Disney has not adequately accommodated theme park visitors with disabilities.
Is Obesity A “Per Se” Disability? One Court Says No.
JD Supra
A panel of the U.S. Court of Appeals for the Eighth Circuit ruled this week that obesity is not a “disability” within the meaning of the Americans with Disabilities Act — even as amended in 2009 — unless the condition was caused by some underlying physiological disorder.
Morbid Obesity Not Necessarily a Disability Under Americans with Disabilities Act
Lexology
The Eighth Circuit Court of Appeals held this week that obesity in and of itself is not covered by the Americans with Disabilities Act (ADA). Instead, obesity generally is a physical characteristic and “qualifies as a physical impairment (and thus would be covered under the ADA) only if it falls outside the normal range and it occurs as the result of a physiological disorder.” (Emphasis added.) Even morbid obesity has to have physiological underpinnings to qualify as a disability, ruled the Eighth Circuit. Such disorders might include diabetes, hypertension or thyroid issues.
Question #274: Opining on Obesity
JD Supra
Question: We have a large meat processing facility in Northern Minnesota. We were recently hiring for one of our positions in the plant requiring work with large mechanical equipment. Because we consider this position to be safety sensitive, we require candidates for this position to pass a medical examination prior to hire. One of the candidates for the open position was rejected because her BMI exceeded our qualification standards for such safety sensitive positions. This seemed reasonable to me, but I thought I should check – can we deny employment on the basis of weight without violating the ADA?
Must Employers Provide "Reasonable Accommodation" for Disability of a Worker's Family Member? California Court of Appeal Says, "Yes"
Lexology
This week, a California Court of Appeal concluded that an employer may have an obligation to provide “reasonable accommodation” for the disability of a worker’s family member. In Castro-Ramirez v. Dependable Highway Express, B261165 and B262524 (Los Angeles County Superior Court No. BC511197), the worker had a disabled son who required daily dialysis and the worker was responsible for administering his son’s dialysis. The company had accommodated the worker for several years by providing him with a work schedule that enabled him to be home in time to administer his son’s dialysis every evening. When the worker got a new supervisor, his schedule was changed. The worker objected to the schedule change and was fired.
No Crying Wolf: Retailer's Website Held Not In Compliance With ADA
JD Supra
At the beginning of this year, we warned that there would be an uptick in American with Disabilities Act litigation related to website accessibility this year in a post entitled Does My Website Need to be ADA Compliant? The answer then was “most likely yes.” Now, the adverse litigation results are start to come in.
Second Circuit Defines Test for Individual Liability Under the FMLA
JD Supra
In Graziadio v. Culinary Institute of America, et al., 15-888-cv (2d. Cir. Mar. 17, 2016), the United States Court of Appeals for the Second Circuit reversed the district court’s grant of summary judgment in favor of the employer and individual defendant on the question of individual liability based on a human resource professional’s exercise of control over the plaintiff’s Family and Medical Leave Act (FMLA) rights.
United Spinal Association & New York City Reach Settlement on Curb Ramp Installation & Upkeep
PR Newswire
Under the new agreement, the City will continue to spend $20 million per year and will spend another $87.6 million through Fiscal Year 2017 to finish installing and upgrading curb ramps City-wide – all in addition to the $243 million that the City has spent under the 2002 settlement to ramp 97% of its 158,738 corners, as required by the Americans with Disabilities Act (ADA).
Crow River Media
Legislation aimed at curbing the filing of abusive lawsuits under state disability laws, while encouraging businesses to provide full access to disabled customers, passed its first committee hearing in mid-March at the Legislature.
The bill passed the House Civil Law Committee on a bipartisan vote and was sent to the Senate Judiciary Committee.
The legislation has support of the business and disabled communities, according to the Minnesota Chamber.
Disability Law Colorado Comments on HB 16-1308
PR Newswire
Intentional Misrepresentation of a Service Animal could soon be a crime if HB 16-1308 continues its passage through Colorado's General Assembly.
The bill makes it an offense to bring "an animal into a place that it would otherwise not be allowed to enter by passing off a pet, therapy animal, or emotional support animal as a service animal."
US: South Bend clinic discriminated against man with HIV
wlfi.com
The U.S. Justice Department says a northern Indiana pain management clinic will pay $20,000 to a person with HIV that it refused to treat to settle allegations of discrimination.
Lawsuit: Purdue discriminated against disabled employee
Indianapolis Star
Purdue University is accused of firing an award-winning, longtime employee after she became a paraplegic.
How to make business less a target for exploitive lawsuits
OCRegister
Many of the bills proposed each year in the California Legislature are designed to fix lawmaking mistakes made in previous cycles. In that way, Senate Bill 1142 is no different – patching pesky potholes and litigation landmines caused by the Americans with Disabilities Act, a well-intended piece of civil rights legislation that prohibits discrimination against people with disabilities.
But unlike many other bills, SB1142, by state Sen. John Moorlach, R-Costa Mesa, is worth noting.
Easy Access: Shops hit with ADA accessibility lawsuits likely to be targets of 'serial litigators'
Cook County Record
This is the second installment in a three-part series examining the recent rise in ADA Title III accessibility lawsuits in the Chicago area. The first installment discussed the growing trend. The final installment will take a look at the impact of the lawsuits on businesses and organizations.