Governor Brown Signs a Law to Help Small Businesses Defend Against State Disability Access Lawsuits
JD Supra
On May 10, 2016 Governor Brown signed Senate Bill 269 (SB 269) which amends certain California statutes dealing with disability access in public accommodations and business establishments. SB 269 is not a new law, but rather, an effort by the Legislature and Governor Brown to amend existing law in order to address the significant financial hardship that “drive-by” and “technical non-compliance” lawsuits are having on small businesses in California. Both federal and state court dockets in California are inundated with lawsuits filed against small businesses by professional plaintiffs and their attorneys who have created a cottage industry by filing lawsuits for technical violations of federal and state disabled access standards.
Assessing the Potential Monetized Benefits of Captioning Web Content for Individuals Who Are Deaf or Hard of Hearing. Information Collection Request – the comment period closes July 11, 2016
The Department of Justice (DOJ), Civil Rights Division, Disability Rights Section (DRS), will submit the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (PRA).
Lowe's to Pay $8.6 Million to Settle EEOC Disability Discrimination Suit
The U.S. Equal Employment Opportunity Commission (EEOC) today announced the approval of the resolution of a nationwide disability discrimination case against home improvement, appliance and hardware giant Lowe's. U.S. District Court Judge André Birotte Jr. approved the consent decree which calls for the distribution of $8.6 million.
According to EEOC's suit, Lowe's violated the Americans with Disabilities Act (ADA) and engaged in a pattern and practice of discrimination against people with disabilities by firing them and by failing to provide reasonable accommodations to them when their medical leaves of absence exceeded Lowe's 180-day (and, subsequently, 240-day) maximum leave policy. EEOC also charged that Lowe's violated the ADA by terminating individuals who were "regarded as" disabled, had a record of disability, and/or were associated with someone with a disability.
Federal court upholds two-year limit on medical leave of absence
Lexology
The Sixth Circuit Court of Appeals in Cincinnati (which hears cases from Ohio, Michigan, Kentucky, and Tennessee) has upheld the action of an Ohio school district which refused to allow an injured employee to return to work after her two years of medical leave had expired. In so doing, the court rejected claims that the district's actions violated the Americans with Disabilities Act (ADA).
The fact pattern in this case was typical of that experienced by many school districts when a classified employee is injured on the job. The employee in question, a custodian for the Columbus City Schools, hurt her shoulder at work. After she had exhausted all of her sick leave and vacation days, she applied for an unpaid leave of absence and began receiving Workers' Compensation. Her unpaid leave was renewed multiple times, until more than two years had passed. After approximately two years and seven months, she wrote a letter to the Board of Education stating that she would be "returning to work," and that she was "disabled" and "will need accommodations." The Board's Director of Human Resources rejected her request, effectively terminating her employment. The reason given was that the maximum two-year period for an illness/disability leave of absence under the union contract had been exceeded. The employee then filed a claim for disability discrimination, saying that the district had failed to meet its legal duty to accommodate her condition. This claim was ultimately rejected by the Court because the employee had "never asked the Board to accommodate her physical disabilities within the two-year time frame."
Although this case dealt with the application of a union contract provision, it would appear to be relevant in virtually all Ohio school districts, since the two-year unpaid leave period involved in the case is based on wording of an Ohio school statute.
OK to set limits on intermittent ADA leave
Business Management Daily
If employees have disabilities that flare up periodically, be prepared to provide reasonable accommodations—within limits.
Recent case: Debra worked in a kitchen and had problems with tinnitus and anxiety. She was allowed to work away from clanking pots and wear ear plugs as an accommodation. She could also take time off for anxiety, which her doctors said only occurred periodically.
If Debra was going to be absent for four or more days, her boss demanded a new certification that she was having a flare-up. When Debra missed work and didn’t call off or get a certification, she was fired.
She sued, claiming the periodic recertifications were unreasonable.
The court disagreed. It said the employer could reasonably request medical certification when her own doctors said her condition changed and was periodic. (Price v. Roswell Park, No. 13-CV-504, WD NY, 2016)
EEOC Sues Mobile Destination For Disability Discrimination
Mobile Destination, Inc., a mobile phone retailer which operates 30 Verizon Wireless stores in Texas, unlawfully revoked a worker's job offer because of his disability, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today.
According to EEOC's suit, around October 2013, Morgan Davis applied for a retail sales position at the Verizon Wireless store in Porter, Texas. Around Nov. 7, Mobile Destination's district manager and its recruiter interviewed several applicants, including Davis, and after the interviews they extended a job offer to Davis.
Realtors Face Legal Challenges Over Websites
Hartford Courant
It hasn't gotten much public attention, but here's something that has the real estate brokerage industry upset: A sudden wave of potentially costly and embarrassing legal challenges to companies' websites, alleging violations of the federal Americans with Disabilities Act.
Demanding Action Austin's ADA Lawsuit Industry
KXAN.com
Roni and Chris Clark say they poured over $100,000 into revamping their business property on South Congress Avenue, including a $38,000 electric lift for disabled customers to access their three-tiered building.
So, it came as a shock when a man named John Deutsch slapped the Clarks with a federal lawsuit alleging discrimination and violations of the Americans with Disabilities Act, which requires certain amenities guaranteeing disabled people access to businesses.
"They're your heartbeat of Austin, your local mom-and-pop business owners that are getting hit with all the ADA lawsuits," Roni Clark said. "This guy just rakes Austin business owners over the coals."
The Clarks quickly learned their lawsuit was one amid 382 others filed by a single plaintiff, Deutsch, and his attorney, Omar Weaver Rosales. The pair's lawsuits, which checker South and East Austin, have hit everything from famed local restaurants to tattoo parlors, women's clothing stores, self-storage lots and even an adult novel publishing company.
Now, deposition transcripts, court records, interviews and attorney correspondence obtained by KXAN pull back the curtain on this ADA lawsuit cottage industry and a growing effort to end it.