California lawmaker to testify before House subcommittee on bill seeking to curb ADA lawsuit abuse
Legal News Line
The ACCESS Act, also known as H.R 241, would require an aggrieved person to notify a business of an Americans with Disabilities Act (ADA) violation in writing, and give the business owner 60 days to provide the aggrieved individual a detailed description of improvements to remedy the violation. Then, the owner would have 120 days to remove the infraction. Failure to meet these conditions would be grounds to further the lawsuit.
Settlement Agreement: Philadelphia Freedom Valley YMCA – Rocky Run Branch
A Philadelphia area YMCA reached a settlement agreement with the Justice Department over allegations it denied a girl with type 1 diabetes the opportunity to participate in after-school and summer camp programs.
The feds accused the Philadelphia Freedom Valley YMCA, Rocky Run Branch of violating Title III of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability by public accommodations, including private camps and childcare programs.
Arbitrary maximum leave policy, disability discrimination costs retailer $8.6 million
Hr Morning
Think the feds aren’t serious about enforcing laws against disability discrimination? Check this: A recent case is going to cost home improvement retailer Lowe’s a cool $8.6 million.
The U.S. Equal Employment Opportunity Commission (EEOC) announced the consent decree, which was approved by U.S. District Court Judge André Birotte Jr.
It’s the latest example of how rigid “maximum leave” policies can run afoul of the ADA.
According to a suit filed by the EEOC, 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.
Disabled worker accuses former employers of wrongful termination
The Louisiana Record
A disabled employee is suing three companies, alleging he was fired because of his disability.
Jimmy W. Hammack filed a lawsuit April 27 in U.S. District Court for the Western District of Louisiana against Cetco Energy Services Company LLC, Amcol International Corporation and Mineral Technologies Inc., alleging they violated the Americans with Disabilities Act.
Attorney appeals ruling on Disney access for autistic
Orlando Sentinel
The legal fight over access to Disney theme-park rides and attractions for disabled people shows no signs of ending, despite Disney winning a round in a federal suit in Orlando recently.
The plaintiff's attorney in that lawsuit, Andy Dogali of Tampa, has appealed the loss to a higher court.
Legal First: California Court Holds Inaccessible Website Violates ADA
Lexology
In what appears to be the first court decision of its kind, a California state court held not only that the Americans with Disabilities Act (ADA) applies to websites, but also that in the case of Colorado Bag'n Baggage, the website design and features were sufficiently inaccessible to blind users (using screen reader technology) that the site owner violated ADA as well as the California Unruh Act and is liable for monetary damages and injunctive relief.
To review the full option, see Davis v. BMI/BMD Travelware, San Bernadino Superior Court, California, March 21, 2016.
Judge Foster wrote, in granting the blind plaintiff’s motion for summary judgement that Davis had “presented sufficient evidence that he was denied full and equal enjoyment of the goods, services, privileges and accommodations offered by [Colorado Bag'n Baggage] because of his disability.”
Covenant Transport Sued By EEOC For Disability Discrimination
Covenant Transport, Inc., a trucking company headquartered in Chattanooga, Tenn., violated federal law by refusing to hire an applicant because of his disability, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed yesterday.
According to EEOC's lawsuit, the applicant applied for employment as a commercial driver. Covenant conditionally approved his application pending a license check and drug screening. The applicant told Covenant's representative he was unable to provide a urine sample due to a medical condition, bladder exstrophy, but could provide blood for the drug screening. Exstrophy of the bladder is a congenital absence of a portion of the abdominal wall and bladder wall.
Covenant initially agreed to the blood screening and later decided not to hire the applicant because of his medical condition and the fact that he could not provide a valid urine specimen. Covenant withdrew the offer of conditional employment. EEOC's suit also claims the company knew the applicant could not provide a valid urine specimen due to his medical condition and refused to provide him the opportunity to undergo drug screening because of his disability.
Such alleged conduct violates the Americans with Disabilities Act (ADA), which prohibits employers from refusing to hire an applicant because of a disability. EEOC filed suit in U.S. District Court for the Eastern District of Tennessee, (Civil Action No. 1:16-cv-00142) after first attempting to reach a pre-litigation settlement through its conciliation process. The federal agency seeks back pay, compensatory damages and punitive damages for the claimant, as well as injunctive relief.
Office Concepts to Pay $45,000 to Settle EEOC Pregnancy Discrimination Suit
Office Concepts, Inc., a Fort Wayne, Ind., office product and service store, will pay $45,000 and provide other relief to settle a pregnancy discrimination lawsuit by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.
EEOC's suit charged that Office Concepts, which provides machines, supplies and service to customers in northern Indiana and northwestern Ohio, fired Lynsey Burd after she informed her manager of her pregnancy. Burd's final task, as it turned out, was to train a new employee, EEOC said. Burd finished training the new employee, and Office Concepts terminated her the next business day. Immediately after firing Burd, Office Concepts hired another new employee. Neither new employee was pregnant, EEOC said.
Pregnancy discrimination violates Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act. EEOC filed suit (Civil Action No. 1:14-cv-290) in U.S. District Court for the Northern District of Indiana after trying to reach a pre-litigation settlement through its conciliation process.
The company denied the allegations, but, under the consent decree approved by U.S. District Court Judge Rudy Lozano, agreed to pay $45,000 to Burd. In addition, Office Concepts will distribute a new non-discrimination policy to all employees, attend three training sessions led by EEOC, and submit compliance reports to the agency during the decree's two-year term.
"Employers need a robust training and compliance program to honor their obligations under equal employment opportunity laws," said Michelle Eisele, EEOC supervisory trial attorney for the Indianapolis District Office. "This resolution compensates Ms. Burd for her lost wages and will help Office Concepts develop a commitment to a work environment free of unlawful bias."
Feds: Utah apartment owners wrongly refused to let family have a dog to help disabled child
Salt Lake Tribune
Federal authorities have accused some Utah apartment landlords and their property managers of housing discrimination for allegedly refusing to accommodate a mentally disabled child's request to keep a dog as an assistance animal.
The U.S. Department of Housing and Urban Development has charged the owners of a Cottonwood Heights apartment complex and three rental properties in Salt Lake City with violating the Fair Housing Act in connection with the family's 2015 complaint.
HUD alleges that owners at Pinnacle Highland Apartments, Cobble Creek Luxury Apartments, Sky Harbor Apartments and Thornhill Park Apartments enforced burdensome tenant rules on pets used as assistance animals, including requiring a physician's prescription form that held the doctor's insurer liable for any animal-related damage.
Glascock suit reveals insurance shortfall
The Augusta Chronicle
A nearly 7-year-old claim of wrongful dismissal was settled last week when Glascock County agreed to pay a former employee $50,000. Because the county did not have liability coverage at the time of the dismissal, every dollar will come from the general fund.