Court Grants Judgment and Injunction in Favor of EEOC In Americans With Disabilities Act Lawsuit
A federal judge in the U.S. District Court for District of Kansas ruled on July 27, 2018, that UPS Freight violated federal law by having a policy, contained in its current union contract with the International Brotherhood of Teamsters, of paying disabled drivers only ninety percent of what nondisabled drivers earn when they temporarily move to non-driving jobs.
'Excessive slopes' in Steak 'n Shake parking lots fuels ADA complaint
Indiana Lawyer
A pair of disability rights advocates who had trouble maneuvering their wheelchairs through the parking lots at two Steak ’n Shake restaurants in Pennsylvania will be able to pursue their claims that the Indianapolis-based restaurant chain is violating the Americans with Disabilities Act, the 3rd Circuit Court of Appeals has ruled.
Why Did Target Deny This HIV-Positive Man a Flu Shot?
Care2.com
It’s 2018. We should know that coming into social contact with HIV-positive individuals is not dangerous, and that HIV transmission can only happen in specific, limited circumstances. In fact, thanks to recent developments in HIV/AIDS care, medication can control viral replication so effectively that it’s undetectable and noncommunicable.
My coworker makes violent threats, but my boss says he's protected by law due to a mental disability
Anchorage Daily News
Q: One by one, "Paul" targets employees who stand up to him. He'll pick one person and say things like "you'd better watch your back" or "don't forget, I know where you live." At least one employee has left our company because he scared her.
Until recently I worked in outside sales and so didn't interact with Paul, though I had heard rumors. After I got promoted and spent more time in the office, Paul and I crossed paths and I wound up on his bad side. I've gone to our branch manager, who says his hands are tied because our corporate HR officer, based in Colorado, says we can't fire Paul and none of Paul's comments are "that bad." He told me HR had said that since Paul's behavior stems from a mental disability, the Americans with Disabilities Act protects him as long as he does his job satisfactorily.
Man Sues Prison For Addiction Medication Access
TheFix.com
The 30-year-old at the center of the suit started using painkillers as a teen and was prescribed Suboxone five years ago.
Zachary Smith says if not for buprenorphine, he'd "probably be dead."
Last week, the ACLU sued Maine’s prisons and one county jail over their continued refusal to give addiction medication to inmates.
Zachary Smith, who is scheduled to go to prison in September, filed a federal lawsuit targeting the Aroostook County Sheriff’s Office and Maine Department of Corrections, claiming violations of the Eighth Amendment’s ban on cruel and unusual punishment and also of the Americans with Disabilities Act.
28 Years After ADA's Passage, Subway Accessibility Still 'Disgraceful Experts Say
City Limits
Last week marked the 28th anniversary of the Americans With Disabilities Act, which was signed into federal law on July 26th, 1990—guaranteeing the equal rights of people with disabilities and changing the way we build doorways, sidewalks and other public facilities to make them more accessible.
Two Recent Rulings Likely to Generate Copycat Website Accessibility Lawsuit
This week, the District Court of the Western District of Washington rejected an online retailer’s argument that an Americans with Disabilities Act (ADA) claim was moot based on remedial action taken to improve the retailer's website after the complaint was filed. This follows on the heels of a similar decision last month from the Eleventh Circuit Court of Appeals, which ruled that a website remediation plan resulting from a settlement in an almost identical earlier-filed suit is not enough to moot a new lawsuit’s demand for injunctive relief under Title III of the ADA.
Mootness is one of the primary defenses that retailers use to combat the ever-increasing numbers of website accessibility lawsuits. It is particularly important to retailers that have already agreed to make their websites accessible pursuant to a prior settlement agreement, but are nevertheless facing copycat lawsuits from additional plaintiffs. To the extent these decisions may curtail the circumstances in which mootness can be invoked as a defense to copycat claims, retailers should expect to see more of them.