The Denver Post
Hickenlooper appointee sues 64 small businesses over alleged disability violations
CCH
Issue: Several times during the past few months, the clerical supervisor, Marsha, has observed a newly hired secretary, Walter, staring blankly, making chewing movements, and engaging in random activity. On these occasions, Walter has appeared to be unaware of people around him and has not responded when Marsha has asked if he was okay. Walter has no memory of these incidents. Can Marsha ask Walter if a medical condition, such as epilepsy, is affecting his performance?
Answer: In this instance, yes. Marsha may ask Walter whether a medical condition is affecting his ability to perform the essential functions of his job. Generally, the Americans with Disabilities Act (ADA) allows an employer to ask disability-related questions or require an employee to have a medical examination when it knows about a particular employee's medical condition, has observed performance problems, and reasonably believes that the problems are related to the medical condition. At other times, an employer may ask for medical information when it has observed symptoms, such as extreme fatigue or irritability, or has received reliable information from someone else (such as a family member or coworker) indicating that the employee may have a medical condition that is causing performance problems. Often, however, an employee's poor job performance is unrelated to a medical condition and generally should be handled in accordance with an employer's existing policies concerning performance.
Source: EEOC Publication: Revised Questions and Answers about Epilepsy in the Workplace and the Americans with Disabilities Act, http://www.eeoc.gov/laws/types/epilepsy.cfm; reported in Employment Practices Guide, New Developments ¶5373.
Court of appeals rules for city in accessibility case
Aspen Daily News
Couple who bought Hopkins Avenue condo sued developers in federal court
The Colorado Court of Appeals on Thursday ruled in the city of Aspen’s favor in a case involving a couple who bought two condominiums on Hopkins Avenue and sought to exclusively use an entrance and elevator, in violation of municipal and federal accessibility laws.
The appellate court, citing Congress in its approval of the Americans with Disabilities Act (ADA), found that the city was correct in suing and forcing Michael Sedoy and Natalia Shvachko to open the entrance and elevator to the public.
Journal-Eureka
The Anamosa City Council briefly discussed the possibility of installing a handicap accessible ramp at the police station to comply with ADA rules during a budget meeting on Monday Jan. 30, but the police station faces a tight budget amid other priorities.
Whitney Hall of Monticello spoke before the council about the lack of compliance with the Americans with Disabilities Act at the police station at the City Council meeting on Jan. 23. The ADA is a federal law established in 1990 requiring public buildings be accessible to individuals with various disabilities.
Texas health center settles lawsuit with fired HIV-positive employee
Metro Weekly
A federal judge in Texas has approved a settlement between a health center and a certified nursing assistant who was fired from his position because he disclosed he had HIV.
Under the settlement, the new owners of Granite Mesa Health Center in Marble Falls, Texas — who purchased the facility after the firing — agreed to pay Michael Janssen $70,000 and to conduct on-site training regarding an employer’s obligations under the Americans with Disabilities Act.
The settlement also requires Granite Mesa to reiterate its policy against discrimination, provide training on HIV and disability-based discrimination, and put a process in place that allows employees to report discriminatory incidents.
“We are very happy to have reached this favorable settlement for Michael, and are grateful that Granite Mesa’s new owners worked proactively with us to achieve this resolution,” Paul Castillo, a senior attorney with Lambda Legal, which is representing Janssen, said in a statement. “Granite Mesa should have never fired Michael for being HIV-positive, and the facility’s new owners quickly agreed to settle the case. Lambda Legal will continue to fight to ensure HIV-positive health care workers are protected in the workplace.”
Huntsville, Texas Christian camp sued for bias, ADA violations
Business Management Daily
Carolina Creek Christian Camp in Huntsville, Texas faces an EEOC lawsuit alleging it retaliated against an employee for asserting her rights. The claim? That the camp first demoted her, then fired her and finally took her to court and sued her. Twice.
Problems began when the woman, who was pregnant, told her supervisors at the camp she had developed gestational diabetes. Citing “her need to medically take care of herself and her baby,” the camp involuntarily demoted her. Upon her return from maternity leave, she was placed in a lower-ranking job than the one she held before her pregnancy.
When she complained to her supervisor that her demotion was illegal, she was fired.
Then she complained to the EEOC. The camp responded by suing her. That suit was paused, but the camp sued again four months later.
That’s when the EEOC sued right back, alleging violations of both Title VII of the Civil Rights Act, for discrimination, and the ADA, for regarding the woman as disabled when she was not.
Note: Given the clear animosity here, this case is likely headed to trial. Carolina Creek Christian Camp will have a tough time proving its actions were not retaliatory. Employers that attack employees for standing up for their rights tend not to appear warm and fuzzy before juries
49ers Look To Dodge Levi's Stadium Disabled-Access Suit
Law360
The San Francisco 49ers and the city of Santa Clara, California, on Tuesday urged a California federal court to toss a proposed class action alleging the 49ers' home venue, Levi’s Stadium, does not provide proper access for disabled individuals and people assisting them.
Husband and wife Abdul and Priscilla Nevarez hit the team, the National Football League, the city and the Santa Clara Stadium Authority with a proposed class action in December alleging the configuration and ticket policies at Levi’s Stadium, which serves primarily as the home of the 49ers, do not provide full and equal access as required by the federal Americans with Disabilities Act and California civil rights laws.
How a young entrepreneur with Down Syndrome is fighting prejudice with cookies
The Observers (blog)
What do you do when no one wants to hire you? That’s what happened to Collette Divitto, a 26-year-old American woman with Down Syndrome, who lives in Boston, Massachusetts. Instead of giving up, this young woman decided to start her own business baking cookies, which she’s named "Collettey’s Cookies". After a successful start, she is now looking to hire other people with disabilities.