Morgan Stanley Sued for $9 Million by Blind Man Claiming Inaccessible Websites
AdvisorHub
A legally blind man in New York has sued Morgan Stanley for negligence, alleging that its online wealth management services are largely inaccessible in violation of the Americans with Disabilities Act and the state’s Human Rights Law.
The complaint, which seeks $9 million in damages, was filed in U.S. Eastern District Court in Brooklyn on Thursday by Albert Rizzi, founder of a 501c(3) nonprofit organization called My Blind Spot. The organization seeks to “promote awareness among leaders in business, education and government about the critical importance of making their digital content, software and technologies accessible and usable to the disability community,” according to its website.
Can you be fired for being depressed?
MarketWatch
Television host Cat Greenleaf claims she was terminated because of her mental illness in a new lawsuit
Inability to Work Overtime Dooms ADA Lawsuit
Lexology
Where overtime was an essential job function, the inability to work the extra hours doomed a plaintiff’s Americans with Disabilities Act (ADA) lawsuit, a federal court in Texas recently ruled. A delivery specialist for Wright Medical Technology, Quentin Jiles was injured in an automobile accident while on the job. When he returned to work, his physician indicated that he could not work overtime or in heat above 90 degrees. The employer refused to allow him to return and then terminated Jiles after concluding it could not accommodate his restrictions. Jiles filed suit alleging violations of the ADA, the Family and Medical Leave Act, and Texas state law. Reviewing case law, the Texas federal judge determined that overtime can be an essential job function. Although there was some evidence to support Jiles’ claims of disability discrimination and retaliation based on his medical condition and use of leave, the court found that his inability to work overtime made it impossible for him to prevail on his claims, granting summary judgment in favor of the employer.
Mondaq News Alerts
In Wolf v. Lowe's Companies, Inc., No. 4:16-CV-01560 (March 13, 2018), United States District Judge Alfred H. Bennett of the Southern District of Texas granted Lowe's motion for summary judgment on a former sales employee's claims under the Americans with Disabilities Act (ADA) for disability discrimination and failure to accommodate, as well as her claim under the Family and Medical Leave Act (FMLA) for retaliation. The court held that the plaintiff had failed to establish a prima face case under the ADA because her excessive absenteeism and tardiness prevented her from being qualified to perform her job. Additionally, temporal proximity between the plaintiff's use of FMLA leave and her discharge was insufficient to establish a prima facie case of retaliation.
Lexology
In two rulings arising in Minnesota in March of 2018, federal courts reminded litigants that business owners have various defenses that can effectively shut down so-called “drive by” disability access lawsuits prior to trial.
Salvation Army Refused To Hire Man With Intellectual Disability: Agrees To Pay $55,000
Lexology
“Fears, biases or stereotypes” against people with disabilities is at the core of many lawsuits filed by the EEOC under the Americans With Disabilities Act (“ADA”). One EEOC attorney said recently that “It’s not only bad business to forgo hiring a qualified employee simply because of fears, biases or stereotypes against people with disabilities, it’s also a violation of the law.”
Hammonton youth gymnastics program settles ADA complaint
Press of Atlantic City
The U.S. Attorney's Office reached a settlement with a Hammonton-based gymnastics program allowing a 6-year-old girl with a disability to participate in a class.
U.S. Attorney Craig Carpenito announced Thursday that an agreement resolved an ADA complaint filed in 2016 by the parents of the young girl, who has a medical disability that requires the use of a gastrointestinal feeding tube.
In the case, the parents alleged the business, Youth Fitness and Fun LLC, also doing business as Flyers' Team, Flyers' Academy and Flyers' Gymnastics Academy refused to make modifications to the program to allow the 6-year-old to participate. According to court filings, the young girl was signed up for a trial class. On the liability waiver, the girl's parents let staff know of the feeding tube and that the girl may require rest breaks and staff assisting in tumbling exercises should be aware of the feeding tube.
CUinsight.com
ADA compliance and web accessibility mean that people with disabilities can perceive, understand, navigate and interact with your website.
“Accessibility” describes the degree to which a product, device, service or facility is usable by people with all abilities and disabilities.
FILING OR DEFENDING AN ADA CLAIM
FireEngineering.com
One of the most common legal questions firefighters ask is how to file a claim under the Americans with Disabilities Act (ADA) when they have suffered discrimination because of a disability. Conversely, two of the most common legal concerns of fire service organizations are how they can protect themselves from claims filed under the ADA and how to defend against a charge of disability discrimination when a firefighter files a claim.
When a firefighter believes he has been discriminated against because of a disability, several methods of tiling a claim are available, depending on the type of organization and the discriminatory situation. Firefighters should aware that there active titles under the ADA; action under each title requires the complainant to file through specific federal agencies. To date, a majority of claims filed have involved discrimination in the area of employment, which involves Title I of the ADA. Under Title 1, the appropriate agency through which to file a claim is the Equal Employment Opportunity Commission (EEOC).
A New Lens on Navigating Disability
Georgetown University The Hoya
Man alleges La Mesa restaurant's parking lot is not ADA compliant
Northern California Record
La Mesa restaurant is alleged to not have accessible parking for patrons with disabilities.
Scott Schutza filed a complaint on March 20 in the U.S. District Court for the Southern District of California against Manuel Lopez, Marieta's Restaurant Group Inc. and Does 1-10 citing the Americans with Disabilities Act and the Unruh Civil Rights Act.
According to the complaint, the plaintiff is a paraplegic and wheelchair user and visited the defendants' La Mesa restaurant in July and August 2016 and February 2017 to eat. He alleges the restaurant did not have compliant, accessible handicap parking spaces.
The plaintiff holds Manuel Lopez, Marieta's Restaurant Group, Inc. and Does 1-10 responsible because the defendants allegedly failed to make reasonable modifications in policies, practices, or procedures; failed to remove architectural barriers; and failed to make alterations to portions of the facility.
The plaintiff seeks judgment against defendants, injunctive relief, actual damages, attorney's fees, litigation expenses and costs of suit. He is represented by Chris Carson, Raymond Ballister Jr., Phyl Grace and Dennis Price of Center for Disability Access in San Diego.
U.S. District Court for the Southern District of California case number 3:18-cv-00568
Students with disabilities demand better resources
Johns Hopkins News-Letter
The student group Advocates for Disability Awareness (ADA) released a list of demands calling for better accommodations and resources for students with disabilities on Monday.
The demands follow the firing of Brent Mosser, the former director of Student Disability Services (SDS). Among their demands, ADA calls for the University to reinstate Mosser.
The News-Letter spoke with five ADA members, including sophomore Anthony Boutros, who explained why the organization decided to speak out now.
UMD Senate bill would require all new school websites be accessible to those with disabilities
The Diamondback
The University of Maryland's Senate voted to require all new university web-based information to be accessible to students with disabilities, but removed a deadline for existing websites to be brought up to this standard.
Websites will look the same, but the coding in the sites will be compliant with the Americans with Disabilities Act, with screen readers and assistive technology that allows students to use websites without a mouse, according to Ana Palla-Kane, co-chair of the President's Commission on Disability Issues.
YOUR TURN: People with disabilities must stay vigilant
Cherry Hill Courier Post
As a person with cerebral palsy, a lifelong developmental disability, I appreciate the obvious acknowledgment that people like me are valuable and contributing members to society.
However, I have to question the sincerity of government leaders who claim to be actively supporting the needs of people with developmental disabilities. Just look at the recent debate on Capitol Hill.
I was shocked when the House of Representatives recently passed the ADA Education and Reform Act, which removes the responsibility of owners/operators of public accommodations to make their facilities accessible according to the federal Americans with Disabilities Act. This law would require a person with a disability, who cannot gain access, to file a formal written notice of an ADA violation, then wait up to 60 days for the violating business to acknowledge the complaint, plus an additional 120 days to allow for the violation to be corrected.
As far as I know, no other instance of civil right violations requires the victim to wait 180 days for resolution. Can you imagine waiting roughly six months to be able to enter your local drug store, movie theater or grocer?