DOJ Findings Letter to South Dakota
On May 2, 2016, the United States sent its findings to the state notifying it of violations of the Americans with Disabilities Act and Olmstead v. L.C. due to its failure to deliver services to people with disabilities in the most integrated settings appropriate. People with disabilities in South Dakota, including those with chronic illnesses, physical disabilities, disabilities resulting from the aging process, and cognitive disabilities, often must enter nursing facilities to receive the day-to-day assistance they need when they rely on the state to provide those services.
Employer Responsibilities When A Disabled Worker Returns to Work
CPAPracticeAdvisor.com
Patience has its rewards, especially when dealing with a newly disabled employee who might not be able to return to her job. Offering extended time off before terminating that worker may mean she won't win a disability lawsuit when it becomes apparent to everyone that she will never be able to perform all the essential functions of her position.
Recent case: Melanie worked as a union organizer. She received three separate extended leaves of absence of 12 months, six months and 15 months. Her initial problem was a work-related injury; later, she had chronic fatigue syndrome, fibromyalgia, recurrent migraine headaches, insomnia and hypertension.
Melanie continued to be paid during her third leave period due to a leave-share program, but eventually she was terminated.
Melanie sued under the ADA, alleging her employer refused to accommodate her disability. The union explained that her job as a union organizer required her to sometimes work long hours each workday, and sometimes to work seven days per week. It said that while it had been willing to make accommodations in the form of extended leave far in excess of what the FMLA requires, it was not legally required to remove essential functions from her job description or keep her on the payroll indefinitely.
The court agreed. It said the union had already done more than was required under both the ADA and the FMLA when it extended her leave three times. It tossed out Melanie's lawsuit. (Rincon v. AFSCME, No. 13-16845, 9th Cir., 2016)
Uber proposes $225000 and other changes to settle guide dog lawsuit
VentureBeat
Uber announced today that it has proposed a settlement with the National Federation of the Blind’s California chapter. The technology company has asked a judge to approve the deal, which specifies that Uber will publish a service animal policy and educate drivers on the this and overall partner policies, as well as paying the organization $225,000 over three years. The deal would also permit the NFBC to “run a testing program to evaluate the effectiveness” of these changes.
Eighth Circuit rules obesity alone is not ADA-protected
Legal News Line
Although the Equal Employment Opportunity Commission (EEOC) has considered morbid obesity a protected disability under the American with Disabilities Act (ADA), a federal appeals court disagrees. Now, obesity does not qualify for ADA protection without an underlying physical disorder.
Lexology
In an issue of first impression, the California Court of Appeals held that employers have a duty under California’s Fair Employment and Housing Act (FEHA) to provide reasonable accommodations to an applicant or employee who is associated with a disabled person, even if the employee is not disabled. Castro-Ramirez v. Dependable Highway Express, Inc. No. B261165, 2016 Cal. App. LEXIS 255 (Cal. Ct. App. April 4, 2016). This holding confirms that FEHA provides broader protections for employees associated with a disabled person than the federal Americans with Disabilities Act (ADA), which does not contain the same requirement.
Disabled man alleges business property owners make access difficult
The Louisiana Record
A disabled man from Metairie is suing three business property owners, alleging they failed to make their property accessible to people with disabilities.
Stephen Carrier filed a lawsuit April 16 in U.S. District Court for the Eastern District of Louisiana against business owners Elisa Garin, Bernard Morkrid and James Riggs, alleging failure to uphold Americans with Disabilities Act regulations.
According to the complaint, Carrier, who uses a wheelchair, encountered architectural barriers and faced serious difficulties accessing the goods and services offered at the business property at 3515 Melville Dewey Drive, Metairie. The plaintiff alleges the defendants failed to remove the discriminatory barriers on the property, failed to provide an accessible-designated parking area and failed to provide an accessible ramp onto the facility's promenade from the parking lot.
Carrier seeks a trial by jury, a declaration the property is in violation of the ADA, an order to alter the property to make it accessible to and useable by individuals with mobility disabilities, reasonable attorney fees, costs and expenses for such other relief as the court deems proper. He is represented by attorneys Andrew D. Bizer and Garret DeReus of The Bizer Law Firm in New Orleans.
U.S. District Court for the Eastern District of Louisiana Case number 2:16-cv-03068
Hotel Law
In a rare and decisive action, a Central District Court Judge dismissed an Americans with Disabilities Act (ADA) lawsuit filed by an Arizona disabled plaintiff who has recently filed a wave of over 70 ADA lawsuits against Southern California hotels.
Class Action Targets BarBri Test-Prep Business for ADA/Accessibility Violations
Lexology
Allegation: BarBri Website Violates ADA
Three blind law school graduates just filed a federal class action lawsuit in Texas, alleging that BarBri, Inc., the leading bar exam test prep company, violated Title III of the Americans with Disabilities Act by “maintaining barriers to the accessibility of its services for blind students who use talking screen reading software and failing to make reasonable accommodations or provide auxiliary aids or services.” See, Stanley v. BarBri, Inc.
Universities/Educators in ADA Spotlight
Traditional universities and other online education companies are in the spotlight for ADA/website (including mobile technology) accessibility troubles. Recent lawsuits or settlements have named Harvard, MIT, EdX, Florida State University, University of Phoenix and Penn State.
Trend: More Accessibility Litigation in 2016
Particularly in light of the first-of-its-kind court opinion in Davis v. BMI/BND Travelware (San Bernardino Superior Court, California, March 21, 2016) (highly unusual summary judgement in favor of blind plaintiff on website’s violation of the Americans with Disabilities Act), litigation and plaintiff-demands targeting online retailers, universities and educators, and travel/hospitality websites should only increase in 2016. For more information on this trend, see the article Lawsuits Rise: Blind Plaintiffs Sue Additional Retailers for Website Accessibility/ADA Claims.
Consulting firm to look at Barnett Arena ADA accessibility
Daily Republic
The Rapid City Civic Center Resolution Task Force is hiring a consulting firm to evaluate architectural deficiencies in the Barnett Arena related to the Americans with Disabilities Act.
Time for state to curb ADA lawsuit abuse
Daily Democrat
The Americans with Disabilities Act, adopted in 1990, was intended to prohibit discrimination against those with physical or mental impairments and improve access for the disabled to public accommodations.
Sick Leave Absences Creating a Reason to Fire?
Oregon Business News