JD Supra
For some time, federal courts have concluded that granting leave to an employee may be a reasonable accommodation for a disability under the Americans with Disabilities Act (“ADA”). On May 9, 2016, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued new guidance regarding when and how employers must grant leave under the ADA. The guidance marks the first time since 2002 that the EEOC has provided additional insights on the often-confusing requirements for providing leave to employees because of disabilities. While the guidance does clarify certain situations in which employees will be entitled to leave, employers are still left to wrangle with the difficulty of determining when leave requests may lawfully be denied.
First, the EEOC guidance makes clear that an employer must treat employees requesting paid leave for ADA purposes the same as the employer would treat employees requesting leave for non-ADA purposes under existing leave policies. Accordingly, if no doctor’s note would be required from a non-disabled individual requesting paid leave, an employer cannot require its disabled employees to provide such documentation when requesting paid leave.
New Orleans Jazz Fest sued for lack of disabled access
NOLA.com
In the past nearly 15 years, New Orleans Jazz and Heritage Festival organizers have made updates to construction plans to become compliant with the Americans with Disabilities Act as every year they turn the Fair Grounds into a massive festival for thousands of music fans. At least one of those fans, however, doesn't believe organizers have done enough.
Wheelchair bound man files ADA lawsuit against building owners
The Louisiana Record
A wheelchair bound, paraplegic man is suing a local building owner claiming they violated the Americans With Disabilities Act and must remove barriers that prevented him from entering a Subway restaurant located in their building.
Stephen Carrier filed a complaint on May 20, in the U.S. District Court for the Eastern District of Louisiana against 3841 Veterans Boulevard Partnership alleging that the facility owner allegedly failed to remove discriminatory barriers to access its property.
Businesses Still Waiting for Website Accessibility Guidance
Law Week Colorado
As lawsuits continue to be filed claiming websites do not meet Americans with Disabilities Act requirements for accessibility, businesses are looking to get ahead of trouble by evaluating their own compliance.
Recently, lawsuits have popped up against real estate websites specifically regarding their ADA compliance.
According to the ADA, places of public accommodation — businesses that provide goods or services to people — are required to comply with Title III of the ADA, and the Department of Justice has bundled consumer-facing websites as places of public accommodation as well.
In order to meet Title III requirements, websites must accommodate people who are blind or hearing impaired with solutions such as captions on videos or having descriptive tags on photos that can be recognized by reading tools for visually impaired users. With many websites out of compliance, plaintiffs are capitalizing by skimming the internet with automated tests, filing lawsuits and seeking settlements against companies that don’t meet the ADA’s requirements.
US trans woman's journey turns into constitutional fight
China Post
Kate Lynn Blatt once lived as a woman at home but went to work in a battery factory as a man, a painful phase in her gender transition that would later propel her to the forefront of a constitutional battle for transgender rights in America.