ADA
New Project Civic Access Settlement Agreement: Swansea, MA
In a settlement agreement with the Department of Justice, Swansea must comply with regulations of the Americans with Disabilities Act in its town buildings. The agreement was reached Tuesday and outlines a long list of modifications the town must implement to make its facilities and programs handicapped-accessible. Under the agreement, the town must make modifications so that parking, entrances, public telephones and restrooms, counters, and drinking fountains are accessible to people with disabilities.
San Francisco to help merchants on disabled access (San Francisco Chronicle)
When annual health permit mailings go out to San Francisco restaurants next month, they'll include something new: an explainer about disability access laws and tips on reducing the risk of being sued. The notice is part of a broader campaign introduced by city officials Thursday to educate small businesses about their legal rights and responsibilities after a raft of lawsuits against merchants in recent months.
Virginia Receives DOJ Findings On Central Virginia Training Center Investigation (Gov Monitor)
The McDonnell Administration has received the findings from the U.S. Department of Justice (DOJ) investigation of the Central Virginia Training Center (CVTC), regarding the Commonwealth’s compliance with the Americans with Disabilities Act (ADA) and the Supreme Court decision in the Olmstead case in 1999.
Federal Judge Orders Disaster plan for LA Disabled (Fox News)
The city of Los Angeles discriminates against disabled people because it lacks specific plans to meet their needs in the event of a natural disaster or other emergency, a federal court ruled Friday, the first such decision in the country.
Are some Vt. taxis discriminating against disabled customers? (WCAX)
Getting around can sometimes become a challenge for Zachary Hughes. He has a disability. On this day, he's using a scooter. But it was an incident with his much smaller collapsible wheelchair that sparked controversy.
Disabled sue city over lack of wheelchair accessible taxis (Examiner.com)
A class action lawsuit filed today in Federal District Court in the Southern District of New York alleges that the New York City Taxi and Limousine Commission (TLC) violates applicable Federal and City law by failing to provide yellow taxis that men, women, and children who use wheelchairs are able to access. The suit is the first of its kind in the country.
EVERSON v. LEIS (Leagle.com)
Shortly after suffering an epileptic seizure at a mall, Kevin Everson was restrained, placed under arrest, and charged with criminal offenses. Those charges were ultimately dropped. In district court, Everson brought claims against defendants under Title II of the Americans with Disabilities Act ("ADA"). Everson alleges that defendants intentionally discriminated against him in the manner they responded to his seizure. The district court granted summary judgment in favor of defendants.
Va. Lottery disabled-access lawsuit settled - complete article (Richmond Times Dispatch)
The Virginia Lottery has agreed to take steps to ensure that its games are accessible to the disabled. The agreement settles a lawsuit filed in 2005 on behalf of several disabled Virginians. The Virginia Lottery and the Virginia Office for Protection and Advocacy, which represented the plaintiffs, announced the settlement today. The state Supreme Court ruled in 2009 that the lottery is a state program that must comply with the Americans with Disabilities Act. As part of the agreement, all lottery retailers licensed after Jan. 1 of this year must comply with certain provisions of the ADA within a year. All current locations will be surveyed by the lottery every three years to assess compliance. Violators that don't make the necessary modifications within a year will have their licenses suspended.
Department of Justice Settles with Cosmetology School in Puerto Rico on Allegations of HIV Discrimination (Chronicle-Telegram)
Last month the Justice Department announced the settlement of an Americans with Disabilities Act (ADA) complaint against Modern Hairstyling Institute Inc. in Bayamón, Puerto Rico. The Justice Department initiated its investigation in response to an allegation that Modern Hairstyling Institute Inc. discriminated against an HIV-positive applicant by denying her enrollment. Modern Hairstyling Institute Inc.’s cooperation in arriving at this agreement was an important factor in resolving the matter promptly, the department said.
Class Action Lawsuit Against Disney Alleges Inaccessible Websites and Failure to Accommodate Blind Persons in Violation of ADA; Case
Three visually impaired women filed a class action complaint against two Walt Disney companies alleging that Disney's websites relating to its theme parks, hotels and restaurants are inaccessible to the visually impaired, in violation of the Americans With Disabilities Act. These allegations are brought along with broader allegations that Disney unlawfully discriminates against blind patrons who visit their theme parks, hotels and restaurants by refusing to reasonably accommodate their needs.
Department of Justice report blasts Virginia's mental health servicese (WDBJ7.com)
The Department of Justice says Virginia needlessly institutionalizes people with developmental disabilities, and that it costs about four times as much as providing mental health treatment in the community.
Judge rules Pennsylvania is violating Disabilities Act in dealing with some clients who are mentally disabled
(Patriot-News)
A federal judge has handed the new Corbett administration a fresh problem by ruling that the state is violating the Americans With Disabilities Act in dealing with some clients who are mentally disabled. Judge John E. Jones III found the Department of Public Welfare is breaching federal law because it has no effective means to integrate clients of its intermediate care facilities back into community-based programs.
U.S. and Metropolitan Opera settle wheelchair lawsuit (Salon)
The U.S. government and New York's Metropolitan Opera settled a lawsuit on wheelchair access less than an hour after it was filed on Thursday when the Met agreed to conform with the Americans with Disabilities Act.
Federal prosecutors had sued the famed opera house but settled after the Met agreed to install additional wheelchair and companion seating, renovate its restrooms, install Braille signs and add more wheelchair-accessible drinking fountains.
ADA Employment
Hussey Copper To Pay $85,000 To Settle EEOC Disability Discrimination Lawsuit (EEOC)
A major copper parts manufacturer will pay $85,000 and furnish significant remedial relief to settle a federal disability discrimination lawsuit, the U.S. Equal Employment Opportunity Commission (EEOC) announced today. The EEOC had charged that Hussey Copper, Ltd. unlawfully refused to hire a job applicant because of his record of a disability and because they regarded him as disabled.
Female driver failed to show that UPS’ dress code policy requiring that all braces be covered violated the ADA - complete article (CCH Netnews)
A female UPS driver with a leg impairment failed to make out her ADA claims that UPS’ dress code had a disparate impact on disabled employees or that the company denied her a reasonable accommodation by making her wait several days for a truck with automatic transmission and requiring her to wear pants to cover her leg brace (Kintz v UPS, Inc, MDAla, February 7, 2011, Fuller, M). The court rejected the employee’s disparate impact claim alleging that UPS’ dress code policy in effect before January 2009, which required that all braces be covered by UPS approved uniforms, “had the effect of screening out persons with disabilities.” Evidence that non-disabled employees were also subject to the dress code policy actually tended to refute her conclusion that the policy unfairly screened out disabled employees, the court reasoned. As to the delay in providing the truck with automatic transmission, the court considered the amount of time she had been placed on temporary alternative duty, which meant that the delay was only 15 days. Noting that longer delays have been found not unreasonable under the ADA, the court found such a delay not unreasonable.
"Futile' for Disabled Employee to Try for Rehire? - complete article (HR.BLR.com)
A California ironworker injured his left hand, then complained that his employer wouldn’t accommodate his injury, and was then laid off. Charging violation of his rights under the Americans with Disabilities Act (ADA) and retaliation for his complaints, he sued.
What happened. “Schiff” worked for Bechtel Construction Co. for nearly 2 years before hurting his hand on the job. He was laid off several weeks later. In court, he claimed that (1) he was terminated because his injury prevented him from performing many of his job tasks; (2) the company retaliated against him for complaining to a supervisor; and (3) it would have been futile to apply for rehire, because the company wanted to reduce its workers’ compensation expenses and would reject him.
In a federal district court, a judge rejected all his claims, especially ruling against his charges of failure to accommodate and wrongful termination, because he had not filed a charge with the Equal Employment Opportunity Commission (EEOC). The judge said Schiff should have filed with EEOC after receiving a right-to-sue letter from the state Department of Fair Employment and Housing (DFEH). He appealed to the 9th Circuit, which covers Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington.
What the court said. Appellate judges rejected the district judge’s ruling regarding Schiff’s failure to file EEOC charge, noting that he had filed one with DFEH, which has a “worksharing agreement” with EEOC. So a second charge would have been duplicative. But most of Schiff’s complaints about not being rehired didn’t stand up. Rumors he had heard about Bechtel’s purported refusal to rehire him were deemed unreliable hearsay evidence. In fact, it turned out that Bechtel had tried to rehire him at one point. He asserted that the rehire letter was a forgery, but judges did not agree. They said he had also failed to attend required union roll call meetings for rehire, claiming schedule conflicts. However, they felt his charges of failure to accommodate and wrongful termination might have merit. Schiff testified that the company would grant him light duty for a day or two and would then, despite doctors’ recommendations, require him to use both hands again. So judges sent those claims back to the district court, where they may be heard by a jury. Stiefel v. Bechtel, U.S. Court of Appeals for the 9th Circuit, No. 09-55764 (2010).
Point to remember: Even though Schiff’s injury apparently would have healed, doctors did not permit him to use his hand at all, which amounted to a disability under ADA. He also testified that other Bechtel employees with injuries were accommodated.
Job Bias Complaints Set Record in 2010 (Insurance Journal)
Federal job bias complaints climbed to record levels last year, led by a surge in workers claiming discrimination based on disability. The Equal Employment Opportunity Commission says charges of disability discrimination rose by about 17 percent. Overall, the agency received nearly 100,000 claims during the 2010 fiscal year. That's a 7 percent increase and the highest number in its 45-year history.The spike in disability claims began in the months after Congress approved changes to the Americans with Disabilities Act in 2009. The changes made it easier for people with treatable conditions like epilepsy, cancer or mental illness to claim they are disabled. Discrimination claims increased in other categories too. Race discrimination claims rose 7 percent, while retaliation claims jumped 8 percent.
ADA settlement highlights importance of individualized return-to-work analysis - complete article (Lexology)
A grocery chain agreed to pay $3.2 million to settle 110 former employees' lawsuits claiming that the company applied an inflexible, overly rigid policy regarding disability leave. The EEOC recently announced an Illinois federal court's approval of the settlement agreement. The lawsuit, EEOC v. Supervalu Inc., (http://tinyurl.com/65e5jqd) alleged that the company terminated multiple employees after their approved medical leaves had expired. According to the EEOC, the company required employees to prove that they were 100-percent able to carry out their job duties before returning to work. The EEOC argued that this requirement violated the ADA because it did not provide for an individualized analysis of each employee's situation in order to determine whether each employee could return to work with reasonable accommodations.
The lawsuit also alleged that the company discriminated against disabled employees because it did not allow employees to take advantage of a company-sponsored “light-duty” program unless they were injured on the job. In addition to the monetary payout, the settlement terms also require the company to change its leave policies to comply with the “individualized analysis” requirement and to communicate with all employees out on leave in order to assess their ability to return to work. Regardless of whether the allegations were ultimately true, this case highlights the perils of applying rigid policies with regard to employee leave. Further, this area is likely to remain one of aggressive enforcement — the EEOC's spokesperson confirmed that the agency is currently conducting additional investigations of employers on this same issue. Employers should review their policies to ensure compliance with the ADA's requirement of an individualized analysis of each possibly disabled employee's situation. When it comes to the ADA, instead of utilizing “one-size-fits-all” policies, fully exploring potential accommodations for each employee is required.
Should a disabled employee be charged vacation day on a snow day? (Boston Globe)
Q: I am a disabled hourly employee, working full time. The snow storms have made it difficult for me to get to work. I was told that I cannot make up time missed by using vacation or sick time. Is that correct? I have been willing to make up time on the days that are not inclement (my day off or on weekends) but was also denied that opportunity. Can they also take away my health benefits if I cannot work the scheduled hours? Is it true that you cannot use accrued time to pay for your absence from work?
Air Carrier Access Act
Delta gets $2 million penalty for treatment of disabled (Sun-Sentinel)
Delta Air Lines Inc. was penalized $2 million for its treatment of passengers with disabilities, the largest fine assessed against an airline for a non-safety violation, according to the U.S. Transportation Department. Atlanta-based Delta, the world's second-largest carrier, must pay a $750,000 fine and spend an additional $1.22 million on an automated wheelchair tracking system, customer service surveys and compliance audits, according to the department order released today in Washington. The department during a review in 2007 and 2008 found "a significant number" of violations of rules for serving disabled passengers, several of them "egregious," according to the order. The department also said it found an "upward trend" in the number of complaints since Delta was fined $1.3 million in 2003 for its treatment of disabled passengers.