Federal Court Says ADA Does Not Require Reassignment of Employee Without Competition
JD Supra
If an employee can no longer perform the essential functions of his or her position due to a disability, one common form of reasonable accommodation under the Americans with Disabilities Act (ADA) is reassignment to a vacant position. Last week, in U.S. Equal Employment Opportunity Commission v. St. Joseph’s Hospital, 2016 WL 7131479 (11th Cir. 2016), the Eleventh Circuit (the federal appeals court over Florida, Georgia and Alabama) rejected a long-standing position of the U.S. Equal Employment Opportunity (EEOC) that as long as the disabled employee is qualified for the position the employer must place the employee in the vacant position and cannot require the employee to compete for it.
'Impossible Demands' Lead to Disability Discrimination Lawsuit
HR.BLR.com
Employers routinely ask employees to provide adequate documentation demonstrating that they can perform the essential functions of a job. That documentation may come in the form of physical or mental examinations—commonly referred to as fitness-for-duty examinations. However, problems arise when an employer disagrees with the physician who certifies the employee as "fit for duty."
Can the employer push back and request more extensive information, perhaps from a different physician? A better question might be: Should the employer push back? A recent lawsuit filed in the federal district court in Worcester highlights the dangers of demanding extensive documentation to justify an employee's fitness for duty.
Goodwill Affiliate Sued By EEOC for Sexual Harassment, Disability Discrimination and Retaliation
According to the suit, a nightshift supervisor routinely sexually harassed at least five women employed by Goodwill/Calidad's janitorial operations under a federal government contract. Most of these workers were employed through a program providing jobs for people with disabilities. In addition to inappropriate touching, leering, propositions and intrusive questions about these women's sex lives, the supervisor groped his genitals in front of female janitors and others so often that federal building employees nicknamed him "Mr. Bojangles." Despite repeated reports, Goodwill/Calidad failed to take any effective action to protect these vulnerable workers.
Banks Targeted over Alleged Website ADA Violations
Paybefore
A number of financial institutions could be running into legal trouble over alleged access barriers to their Websites for consumers with disabilities. In a wave of legal demand letters that began earlier this year, attorneys have demanded those banks make changes to their Web pages and pay fees due to violations of the Americans with Disabilities Act (ADA), which requires provisions be made to ensure the disabled have “full and equal enjoyment of the goods, services, facilities, privileges, advantages or accommodation of any place of public accommodation.” Banks’ public Websites are considered places of public accommodation, and thus must comply with ADA regulations.
Eleventh Circuit rejects EEOC position regarding reassignment as a reasonable accommodation
Lexology
Rejecting the EEOC’s position that an employer must reassign a qualified individual with a disability to a vacant position as a reasonable accommodation so long as the individual was minimally qualified for the position, the 11th Circuit on Dec. 7, 2016 held that even disabled workers in need of a reasonable accommodation must compete with other qualified employees for the vacancy. In EEOC v. St. Joseph’s Hosp., Inc., the plaintiff was a nurse who needed a cane for mobility. Because the cane posed a safety hazard in the psychiatric ward where she worked, she was given the opportunity to apply for other jobs, but was not given any preference due to her disability. When she did not obtain any other position at the hospital, she was terminated and the EEOC brought suit on her behalf.
Soyer: ADA still a necessary law
The Daily Iowan
This past May, I worked on an investigative story that was published through IowaWatch and then the Des Moines Register and Cedar Rapids Gazette, among many other Iowa newspapers. This story was about how of all Iowa schools that were reviewed by the Department of Education since 2010, only one of them was compliant with the Americans with Disabilities Act. As a part of the story, I spoke with a high-school student in the West Marshall School District, who, because of his school’s failure to comply with a law that would make the building accessible for him and his wheelchair, had run into many obstacles during his time in the district, including being stuck outside in the rain because the doors did not have push buttons to open them.
Man claims area businesses told him to leave because of service dog
WRDW-TV
A disabled man claims two businesses asked him to leave with his service animal. He believes it's because people assume service animals are just for the seeing impaired. His disability is less obvious.
Here's What 60 Minutes Got Wrong About the ADA: Everything
Yahoo Finance
Rather than feature disability rights advocates, 60 Minutes interviewed businesses who claim they had been frivolously sued and the attorneys that take such egregious action.
Last week, 60 Minutes aired a 13-minute segment on "drive-by lawsuits." Hosted by Anderson Cooper, this piece described the Americans with Disabilities Act (ADA) as a law that enables a money-making scheme that results in an overabundance of unnecessary litigation. Rather than feature disability rights advocates, 60 Minutes interviewed businesses who claim they had been frivolously sued and the attorneys that take such egregious action. As an attorney and a person with a disability, I am outraged by this segment and urge CBS to air a follow-up, showing an accurate depiction of the ADA and why it is necessary.
Introducing the NCRTM Community of Practice (CoP)
Section 508: Frustrations & Fixes
- Do you find making accessible documents intimidating? Since all organizations receiving federal funding must ensure Section 508 accessibility, are you looking for a place to start?
- Are you the lone accessibility expert in your organization who wishes your co-workers understood that accessibility is a shared responsibility? Do you want to share what you know with others?
- Are you a person with a disability who wishes that the rest of the world understood the importance of accessibility?
Whether you are a newbie or an expert, here is your chance! Beginning in January 2017, the National Clearinghouse on Rehabilitation Training Materials (NCRTM) will host a 10-week online Community of Practice (CoP) focused on accessibility – Section 508: Frustrations and Fixes.
The purpose of this CoP is to create an open space to:
- share perspectives about barriers to creating and remediating accessible digital materials; and
- identify bridges that can lead to more widespread digital accessibility.
The group will be using Facebook as the CoP platform. More information on the CoP and how to join can be found at ncrtm.ed.gov. Direct questions to NCRTM@neweditions.net.