APS to blind mother: Walking kids to school is your responsibility
WSB Atlanta
Daffanie Todd, a single mother of three school-age children, lost the last of her eyesight in 2013. She navigates her home in southwest Atlanta only by shuffling her feet across the familiar terrain. Without a guide, she cannot make her way in the outside world.
She certainly cannot accompany her children – ages 9, 8 and 5 – to and from their school, half a mile away on a street with no sidewalks and heavy traffic.
But Atlanta’s school system has repeatedly denied Todd’s request to provide bus service, according to the Atlanta Journal Constitution. So her children have been absent from Continental Colony Elementary since Aug. 9 – nine weeks and counting.
Attorneys with Atlanta Legal Aid filed a lawsuit on Todd’s behalf last week, alleging that the Atlanta Public Schools’ failure to “reasonably accommodate” Todd and her children violates the Americans with Disabilities Act. At a hearing Thursday, the lawyers will ask a federal judge to order the district to immediately provide transportation.
In a response filed late Tuesday, lawyers for APS said Todd’s request would cause “incredible harm and disruption.” Helping Todd, the district said, “opens the door to countless claims” from other parents.
Most ADA cases against school systems involve alleged discrimination against students. The U.S. Justice Department, for instance, recently sued Georgia, claiming that by segregating some disabled students in its “psychoeducational” schools, the state is violating the ADA.
Supreme Court Ends Obese Applicant's Americans with Disabilities Act Claim: Morris v. BNSF
The National Law Review
The Supreme Court began its new term on Monday, October 3, 2016 by, among other things, declining to review the Eighth Circuit’s ruling that an obese applicant did not have an actual or “regarded as” disability under the Americans with Disabilities Act (“ADA”). The Court’s decision ends a hotly contested battle which saw “friend of the court” briefs filed by the EEOC, the US Chamber of Commerce, AARP, the Equal Employment Advisory Council, and the National Federation of Independent Business Small Business Legal Center.
In 2011, BNSF Railway Co. (“BNSF”) extended a conditional offer of employment for a Machinist position to Melvin A. Morriss III. The offer of employment was contingent upon a satisfactory medical review. After Mr. Morriss’ medical review, BNSF rescinded the conditional offer of employment noting that Mr. Morriss was “[n]ot qualified for the safety sensitive Machinist position due to significant health and safety risks associated with Class 3 obesity ([BMI] of 40 or greater).” BNSF’s policy was not to hire applicants for safety-sensitive positions if their BMI equaled or exceeded 40.
Mr. Morriss sued BNSF for disability discrimination claiming his obesity was an actual ADA disability and BNSF regarded him as disabled. BNSF argued it did not discriminate against Mr. Morriss since “obesity did not meet the definition of a disability under the ADA because it was not a ‘physical impairment.’” A Nebraska district court granted BNSF summary judgment.
On appeal, the Eighth Circuit affirmed the district court’s decision holding “for obesity, even morbid obesity, to be considered a physical impairment, it must result from an underlying physiological disorder or condition.” Rejecting the “regarded as” claim, the Court reasoned, “[t]he ADA does not prohibit discrimination based on a perception that a physical characteristic — as opposed to a physical impairment — may eventually lead to a physical impairment as defined under the Act.” The Eighth Circuit’s decision is available here Morriss v. BNSF Railway Company, Case No. 14-3858 (8th Cir. Apr. 5, 2016).
In his petition seeking the Supreme Court’s review, Mr. Morriss argued that the split in the circuits regarding whether obesity is an ADA covered disability made “resolution of this issue [] of great importance.” The Supreme Court nevertheless declined to review the case. The Sixth Circuit and the Second Circuit have both held that obesity (even morbid obesity), must be the result of a physiological condition to constitute a covered disability under the ADA. See EEOC v. Watkins Motor Lines, Inc., 463 F.3d 436 (6th Cir. 2006); and, Francis v. City of Meriden, 129 F.3d 281 (2d Cir. 1997). However, an Eastern District of Louisiana court held “a physiological cause for obesity is required only when an ADA disability-discrimination claimant’s weight is within the normal range.” EEOC v. Res. For Human Dev., Inc., 827 F.Supp. 2d 688 (E.D.La. 2011).
Supreme Court Won't Hear ADA Obesity Case
HR.BLR.com
The U.S. Supreme Court has left intact an appeals court ruling that obesity alone does not constitute a disability under the Americans with Disabilities Act (ADA).
The 8th U.S. Circuit Court of Appeals’ April ruling was considered a major victory for employers in Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota. The court joined the 2nd and 6th Circuits with its ruling (Morriss v. BNSF Railway Co., No. 14-3858 (8th Cir. April 5, 2016)).
Nursing home in settlement over sign language interpreter
Philly.com
The U.S. Attorney's office in Philadelphia on Wednesday announced an Americans with Disabilities Act settlement with a Doylestown nursing home over access to sign language interpreters for residents.
Briarleaf Nursing & Convalescent Inc., which has 178 beds, allegedly told the son of a prospective resident that it had no money in its budget for the sign language interpreter his mother would need if she transferred there from the hospital.
The woman died at the hospital before going to Briarleaf.
Disability waiver lawsuit moves forward as class action
Beckley Register-Herald
A federal judge has certified a class action lawsuit for individuals affected by cuts to a Department of Health and Human Resources program that provides disabled Medicaid recipients with money for in-home and community-based services.
U.S. District Judge Thomas Johnson certified the class-action on Sept. 30.
The lawsuit, filed by Mountain State Justice on behalf of five West Virginians with disabilities, states that the Medicaid Intellectual/Developmental Disabilities waiver program violates the Americans with Disabilities Act.
According to the suit, individuals with intellectual and developmental disabilities who qualify receive a certain amount of waiver benefits which, by law, must be based on individuals' needs.
Labor Law: Rights of employees affected by cancer
Richmond.com
In honor of Breast Cancer Awareness month, I will explain the rights and obligations for employees with cancer and employees who are caregivers to someone with cancer
The Equal Employment Opportunity Commission has published a specific guidance regarding cancer and the Americans with Disabilities Act at eeoc.gov/laws/types/cancer.cfm.
According to the EEOC, people who have cancer — including cancer that is in remission — “should easily be found to have a disability” under the ADA.
The EEOC noted, “The most common symptoms and side effects of cancer and/or treatment are pain, fatigue, problems related to nutrition and weight management, nausea, vomiting, hair loss, low blood counts, memory and concentration loss, depression, and respiratory problems.”
If an employee has cancer, under the ADA there is no waiting period like there is under the Family Medical Leave Act — FMLA — for an individual to have the right to reasonable accommodations under the law.
Those accommodations may include:
•Leave for doctors’ appointments and/or to seek or recuperate from treatment;
•periodic breaks or a private area to rest or to take medication;
•modified work schedule or shift change;
•permission to work at home; and
•modification of office temperature.
Lawsuit threats may not be right, but non-ADA compliance is still discrimination
East Valley Tribune
An organization calling itself Advocates for Individuals with Disabilities (AID) has filed about 1,500 lawsuits this year and sent another 42,000 warning notices about Americans with Disabilities Act (ADA) non-compliance, drawing the ire of small businesses across the Valley. Most notices concern parking-lot violations such as the lack of a van accessible space or inaccurate sign height for accessible parking.
Advocates divided on Flake bill to ease ADA lawsuits
East Valley Tribune
The owner of a struggling east Mesa strip mall wishes he had the second chance to correct a technical Americans with Disabilities Act violation, as envisioned in a bill filed by Sen. Jeff Flake, R-Ariz.
Flake’s bill includes a “notice and cure provision,” which would have given Keith, 51, or any other business owner, up to 120 days to correct an ADA violation.
EDITORIAL: Americans with Disabilities Act compliance should be a priority across campus
Central Michigan Life
The most recent US Census Bureau statistics report there are 1.3 million people living in Michigan with a registered physical or mental disability.
In Isabella County, there are nearly 8,000 people. Due to privacy laws, the number of students, faculty or staff with disabilities at Central Michigan University is much harder to quantify.
We do know that the population is large enough to warrant two separate line items in CMU’s budget. One of these accounts fund upgrades or repair areas on campus that are not up to standards set by the Americans with Disabilities Act. This act protects people with disabilities against discrimination by making all buildings reasonably accessible.
Luncheon to focus on hiring people with disabilities
Santa Clarita Valley Signal
October is National Disability Employment Awareness Month, and local business leaders and human resources professionals are invited to learn more about employing people with disabilities at the “Educate, Empower, Employ” luncheon scheduled for Thursday, Oct. 13, at the College of the Canyons Institute of Culinary Education.
The event is sponsored by the Santa Clarita Valley Mayor’s Committee for Employment of Individuals with Disabilities, and is supported by local businesses and members of the community with a common interest.
“Committees of this kind historically start as a group of individuals who are supporting people with disabilities,” said Ken Wiseman, chairperson of the committee and CEO of AMS Fulfillment, which is a sponsor of the event. “That’s their passion – they’re people who’ve focused their career on helping people with disabilities.”