ADA in the News: June 27, 2018

Settlement Agreement: Teachers Test Prep, Inc.

Diamond B Constructors Sued by EEOC For Disability Discrimination

Company Fired Certified Rigger Due to Epilepsy, Federal Agency Charges

 

EEOC Acting Chair Lipnic Releases Report on The State Of Older Workers And Age Discrimination 50 Years After The ADEA
Victoria A. Lipnic, Acting Chair of the U.S. Equal Employment Opportunity Commission (EEOC), issued a report today on the State of Older Workers and Age Discrimination 50 Years After the Age Discrimination in Employment Act (ADEA). The ADEA was signed into law in December 1967 and took effect 50 years ago this month, in June 1968. The ADEA was an important part of 1960s civil rights legislation that was intended to ensure equal opportunity for older workers.

The report finds that age discrimination remains too common and too accepted as outdated assumptions about older workers and ability persist, even though today's experienced workers are more diverse, better educated and working longer than previous generations.

ADA Was Not Violated by Granting, Then Revoking Accommodation

SHRM

A company operating Burger King franchises did not violate the Americans with Disabilities Act (ADA) by briefly offering a fixed shift to an assistant manager to accommodate his disability, then revoking the offer and requiring him to work a rotating shift, the 1st U.S. Circuit Court of Appeals ruled.

Lawsuit claims Aldi violated Americans with Disabilities Act

Pittsburgh Post-Gazette

A federal lawsuit filed Monday in Pittsburgh against grocery store chain Aldi alleges that at least seven of the company’s stores are not kept up to standards set by the Americans with Disabilities Act.

The lawsuit, filed in U.S. District Court by Richard Dieter, who lives in the Pittsburgh area, is seeking class-action status on behalf of himself and other disabled Aldi customers.

Mr. Dieter said in the lawsuit that he has a physical disability that causes him to rely on a wheelchair for mobility. While visiting two Aldi locations in the region last year, Mr. Dieter said, he struggled due to sloped parking spaces and other ADA violations.

Investigators inspected seven Aldi locations in Pennsylvania, New York and North Carolina on the plaintiff’s behalf. One location did not have a designated van-accessible area, while others had grocery aisles or parking spaces with a slope greater than 2.1 percent, according to the suit. The limit for slopes is 1.48 percent, which the ADA says is fairly easy to exceed because lots and garages may be sloped for water drainage.

Ohio, Alabama Judges Follow Virginia Courts & Toss Out ADA Cases

Credit Union Times

District Court judges in Ohio and Alabama have thrown out two lawsuits against a pair of credit unions whose websites allegedly violated the Americans with Disabilities Act, adding to a recent string of dismissals of similar cases by District Courts in Virginia.

Greenville County polling place challenged to meet ADA requirements during primaries

Greenville News

At least one polling place in Greenville County was forced to come up with a temporary solution to comply with federal requirements for voting accessibility during Tuesday's primary runoffs.

According to the Americans with Disabilities Act, a polling place must hold voting on the same level as its building's entrance. If that's not possible, there should be an elevator that can take people to the correct level. Temporary fixes, like portable ramps, door stops and alternative entrances are also allowed under ADA.

She ordered an Uber to get home. The driver refused when he saw the wheelchair, woman says

Miami Herald

The 25-year-old woman, who has no legs and uses a wheelchair, called an Uber in Westbury, New York (on Long Island) last week, she told the news station. But the driver was almost immediately put off by Copeland’s wheelchair, ABC 7 reported.

Copeland was getting into the car when the driver allegedly asked her, “where is that thing going?” He then said he didn’t have room for her wheelchair, Copeland told WCBS, adding that the vehicle was an SUV with “plenty of space.” She’d explained that the wheelchair can fold and go in the trunk, but the driver still didn’t want her as a passenger, ABC 7 reported.

Copeland then told the driver he was violating the American with Disabilities Act, a federal law that prohibits discrimination against people with disabilities, News 12 reported.

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