ADA in the news
Are Americans with Disabilities Act Accommodations Appropriate When a Student Has Failed Academically?
Legal Examiner
The United States Court of Appeals for the Tenth Circuit answered this complicated question in Profita v. Regents of Univ. of Colo., No. 17-1127 (10th Cir. 2017).
After twice failing clinical rotations at the University of Colorado Health Sciences Center (“Medical School”), Taylor Christian Profita (“Profita”) was dismissed from the University’s M.D. program in January 2013. Profita blamed his failure on disabling physical and mental conditions. He was treated, and then wanted to come back to the M.D. program with credit for the work he had performed prior to the failure. The Defendants denied him admission and said he would have to apply as a new student. Profita sued under the Americans With Disabilities Act (“ADA”) claiming reasonable accommodations for his disability would be readmission to the program. The district court dismissed the action with prejudice. Profita appeals.
Southbury-Based Hotel Reaches Settlement With US Department of Justice
Patch.com
The hotel is in the process of making the changes required by the settlement agreement
Government Employee Can Proceed to Trial on Her Challenge to the District of Columbia’s “Blanket” Drug and Alcohol Tests
Lexology
The federal court for the District of Columbia ruled that a former employee of the D.C. Office of the Chief Medical Examiner (“OCME”) could proceed to trial with her claims that drug and alcohol tests she was required to take violated her Fourth Amendment rights against unreasonable searches as well as the Americans with Disabilities Act. Lewis v. Gov’t of Dist. Columbia, No. 15-521 (D.D.C. October 18, 2017).
Lawsuit: Louisiana sheriff rejected applicant because of HIV
American Press
A Louisiana man says a sheriff's office withdrew a job offer after finding out he has HIV, according to a federal lawsuit filed Tuesday.
"It's the equivalent of not hiring somebody because they had cancer or diabetes. It's not the 1980s any more. We don't have to be afraid," William "Liam" Pierce said.
He said he was told in 2012 that he'd be hired as an Iberia Parish sheriff's deputy, subject to a medical examination. The offer was rescinded after the exam found he is healthy but has human immunodeficiency virus, which can cause AIDS, the suit said.
You Need Help: Your Therapist Is Clueless About Disability
Autostraddle
So I’ve been diagnosed with depression (and anxiety and OCD and, and, and…) for almost ten years now and I took a four-year break from seeing a therapist when I moved across the country. I’m doing better lately, I think, but there are still so many issues I’m hoping to figure out. Like how to factor my queer sexuality in with my disabled identity. I’ve been completely avoiding sexuality issues for my whole life out of confusion and shame, etc.
Here’s the thing, though. My therapist, despite how nice and helpful she’s been, is completely clueless when it comes to issues regarding disability. I’ve talked to quite a few therapists over the years, actually, and even the better ones seem to be clueless at best. Most of them are actually really dismissive. I’m just tired of looking for metaphors to explain situations and feelings when I’m the one who needs help. Add in my hope for a therapist who’s body-positive and doesn’t suggest a myriad of ways I should change myself? Feeling increasingly hopeless. Do truly helpful, understanding therapists even exist?
Dear Littler: How Do You Address Employee Service Animal Accommodation Requests Under the ADA?
Lexology
I read a New Yorker article about people bringing their dogs everywhere, claiming they were emotional support animals. It mentioned a dog trying to get into Carnegie Hall. But everyone knows there’s only one way to get there: Practice.
Even if Carnegie Hall isn’t your workplace, how do you address employee service animal accommodation requests under the ADA?
ADA: Deaf/Blind Patron Can Sue Movie Theater Demanding “Tactile Interpreter”
Cato Institute
Reversing a trial court, the Third Circuit has ruled (McGann v. Cinemark) that a deaf/blind man is entitled to sue Cinemark under the Americans with Disabilities Act (ADA) demanding that it provide a “tactile interpreter” so that he can experience the movie Gone Girl. Each interpreter — two would be required because of the movie’s feature length — would narrate the film in American Sign Language (ASL) while McGann places his hand in contact with theirs to read the signs. The appellate judges rejected the argument that because of the need for subjective stylistic judgments about how to describe the movie’s action, on-the-fly translation would “fundamentally alter the nature of the good, service, facility, privilege, advantage, or accommodation being offered,” an exception that the law recognizes to its accommodation requirement. It sent the case back for further proceedings on whether the theater can plead “undue hardship,” a narrow defense that is often unavailable to large businesses which (it is argued) can cover even very high costs of accommodation with revenues earned from other patrons.
Like the Berkeley online courses fiasco, and the Main Street shakedown mills, and the emerging industry of web accessibility suit-filing, these are all developments to keep in mind when you hear people say that the courts are capable of working out the problems with the Americans with Disabilities Act by themselves and that Congress need not turn its attention to reform. (cross-posted and adapted from Overlawyered)