ADA
Legislation would require ADA plaintiffs to give employers an opportunity to remedy alleged violation before filing suit
- complete article (CCH Netnews)
A bill that would require ADA plaintiffs to give an employer the opportunity to remedy alleged ADA violations before filing a lawsuit continues to move quickly through the House of Representatives. The ADA Notification Act of 2011 (HR 881) would deprive federal and state courts of the jurisdiction to hear ADA complaints unless the plaintiff first provided the employer with a written notice of the alleged violation. The notice would have to contain facts constituting the violation and employers would have 90 days from the date of receipt to remedy the violation; employers would also have the opportunity to petition the court for a 30-day extension. The bill was referred to the House Committee on the Judiciary on March 2 and was referred to the Subcommittee on the Constitution last week.
A pressing need exists for the bill, according to its sponsor, Rep. Duncan Hunter (R-Cal). Hunter claims that a tide of “predatory” ADA lawsuits is threatening small businesses and that, because the bill would protect small businesses, the “growth engine of the American economy,” the bill will also assist an economic recovery. “In communities across the nation, it’s these local job creators that will eventually put Americans back to work. It’s bad enough that small businesses are facing enormous challenges due to the current economic downturn. What they don’t need to contend with are any other unnecessary obstacles that impede growth and competitiveness. But that’s exactly what’s happening in San Diego with predatory ADA lawsuits,” said Hunter.
Hunter further claims that the original purpose of the ADA, to protect Americans with disabilities from workplace discrimination, has been corrupted. “By no means was the ADA ever intended to serve as a vehicle for personal profit, which it is now for some attorneys who continue targeting small businesses with private lawsuits.” Hunter charges that attorneys are attacking small businesses that are for the most part, “unaware of potential violations or even whether claims are legitimate.” This lack of awareness, suggests Hunter, puts businesses at risk of settling frivolous lawsuits.
Memorandum to Federal Agency Civil Rights Directors and General Counsels concerning use of the 2010 ADA Standards under Section 504 of the Rehabilitation Act as an alternative accessibility standard
(Department of Justice)
http://www.ada.gov/504_memo_standards.htm
We are writing to advise you that, until such time as you update your agency’s regulation implementing the federally assisted provisions of Section 504 of the Rehabilitation Act of 1973 (Section 504), you may issue guidance to covered entities that permits them to use the 2010 ADA Standards for Accessible Design (2010 Standards) as an acceptable alternative to the Uniform Federal Accessibility Standards (UFAS).
Settlement Approved in Walt Disney World Segway Lawsuit
(DIS Unplugged)
http://www.disunplugged.com/2011/04/04/settlement-approved-in-walt-disney-world-segway-lawsuit/
Presnell sided with Walt Disney World’s position that the Justice Department’s new (effective March 15, 2011) regulations construing the Americans with Disabilities Act (as the regulations to Segways, at least) were invalid. The court explained: “the DOJ’s revised regulations conflict with the plain language of Title III, which requires that a requested modification be necessary for a disabled individual to be afforded goods or services.” That is a significant win for Walt Disney World.
New law: A service animal can be dog or mini-horse
(The Seattle Times)
http://seattletimes.nwsource.com/html/nationworld/2014648641_apusfeapetsserviceanimals.html
Dani Moore uses a rat perched on her shoulder as a service animal to alert her to spasms from a disabling condition. Daniel Greene's service animal is a snake wrapped around his neck to help him predict epileptic seizures. But these creatures and many others are no longer acceptable as service animals under new federal guidelines issued March 15 by the U.S. Department of Justice for the Americans with Disabilities Act. The new recommendations limit service animals to dogs and housebroken miniature horses.
Casinos to be reviewed by U.S. Attorney's Office for compliance with Americans with Disabilities Act
(NJ.com)
http://www.nj.com/south/index.ssf/2011/03/casinos_to_be_reviewed_by_us_a.html
The U.S. Attorney’s Office has commenced a review of a number of hotels and casinos here to determine whether they are being operated in compliance with the Americans with Disabilities Act of 1990 (the “ADA”).
Justice Department Settles Americans with Disabilities Act Lawsuit with Virginia’s Inova Health System
(7thSpaceInteractive)
http://7thspace.com/headlines/377288/usdoj_justice_department_settles_americans_with_disabilities_act_lawsuit_with_virginiaand8217s_inova_health_system.html
The Justice Department has reached a settlement with Inova Health System to ensure effective communication with individuals who are deaf or hard of hearing in the provision of medical services. The agreement, under the Americans with Disabilities Act (ADA) and the Rehabilitation Act, resolves a complaint that Inova failed to provide sign language interpreters to an expectant mother and others who are deaf and need interpreters to communicate effectively with health care providers.
Hollywood Sightseeing Tours Violate ADA, Suit Alleges
(Disability Scoop)
http://www.disabilityscoop.com/2011/03/30/hollywood-accessible/12729/
The Ms. Wheelchair California Pageant is suing a prominent Hollywood, Calif. tour provider alleging that its buses are inaccessible in violation of the Americans with Disabilities Act. The lawsuit filed Tuesday against Starline Tours of Hollywood comes after pageant officials attempted for four years to arrange tours when the reigning Ms. Wheelchair America visited Los Angeles. In each case, employees of Starline either told pageant officials that their buses were not accessible or suggested that visitors could participate only if they left their wheelchairs at the tour bus company’s offices and were carried onto the bus.
Blind group sues Vegas airport over ticket kiosks
(msnbc.com)
http://www.msnbc.msn.com/id/42343046/ns/travel-news/
The National Federation of the Blind is suing McCarran International Airport in Las Vegas, alleging that its ticket kiosks aren't accessible to the visually impaired. The lawsuit filed Tuesday in Las Vegas federal court seeks class-action status on behalf of four blind travelers. It accuses the airport owner, Clark County, of violating the Americans with Disabilities Act by not providing equal services to visually impaired passengers.
Fourth Circuit holds ADA requires expanded access to aural content in stadiums
- complete article (Lexology)
In Feldman v. Pro Football, Inc., __ F.3d __, Nos. 09-1021, 09-1023 (4th Cir., March 25, 2011), the United States Court of Appeals for the Fourth Circuit affirmed the ruling of the United States District Court for the District of Maryland and held that, to provide full and equal enjoyment of the entire entertainment experience of a sporting event in a stadium, FedEx Field must provide individuals, who are deaf or have a hearing impairment, with the auxiliary aids and services necessary to benefit from the content broadcast over the stadium's public address (“PA”) system during Washington Redskins home games. This content includes: game-related information; emergency information; advertisements; public service announcements; and song lyrics. The Fourth Circuit did not hold that song lyrics must be captioned. Instead, the Court recognized that places of public accommodation are entitled to select the means of achieving full and equal enjoyment and effective communication and that an individualized and contextual assessment will be required to determine the appropriateness of the chosen auxiliary aid.
ADA Employment
Revised ADA Title 1 Employment Regulations from the Equal Employment Opportunity Commission
http://www.eeoc.gov/laws/statutes/adaaa_info.cfm
Links to the regulations, fact sheet, question and answer sheet and other helpful information
The EEOC issues regulations based on the ADAAA
(Seyfarth)
http://www.seyfarth.com/index.cfm/fuseaction/publications.publications_detail/object_id/7b99df12-ee5e-474f-8342-7553e364da59/TheEEOCIssuesRegulationsBasedontheADAAA.cfm
You will recall that Congress enacted the Americans with Disabilities Act Amendments Act (“ADAAA”) on September 25, 2008, effective January 1, 2009. In so doing, Congress expressly rejected several Supreme Court decisions that had narrowly construed the term “disability” by, among other ways, holding that mitigating measures were to be considered in assessing whether an impairment was “substantially limiting.” Armed with statistics about employer successes, and after heavy lobbying by disability rights advocates, Congress responded with the new law which substantially broadened the scope of the ADA.
On March 24, 2011, the Equal Employment Opportunity Commission’s long-awaited regulations under the ADA Amendments Act issued in final form. The regulations will become effective on May 24, 2011. Much of the new regulations and accompanying guidance is unsurprising and comports with the language of the ADAAA. For example:
- the statute is to be construed broadly;
- employers should focus on accommodations, as opposed to questioning whether someone is disabled; and
- mitigating measures including medicine, other treatments, and prosthetic devices must be set aside in analyzing whether an individual is “disabled.”
Further consistent with ADAAA, the new regulations add several new activities to the list of major life activities covered by the ADA…
South Basin Packing to Pay $80,000 To Settle EEOC Disability Discrimination Suit
(EEOC)
http://eeoc.gov/eeoc/newsroom/release/3-30-11.cfm
A potato and onion packager based in Umatilla, Ore., has agreed to pay $80,000 and furnish other relief to settle a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.
Did Company Decline to Accommodate Disability Due to Bias?
(HR.BLR.com)
http://hr.blr.com/HR-news/Discrimination/Disabilities-ADA/Did-Company-Decline-to-Accommodate-Disability-Due-/
An African-American truck driver accused his former employer of failing to accommodate his back injury. He sued the company and his former supervisor, alleging discrimination on the basis of his disability and race
How do you determine if someone has a disability?
(Main Street Business Journal)
http://mainstreetbusinessjournal.com/articleview.php?articlesid=5674&volume=14&issue=9
What does `Regarded as Disabled` Mean now?