ADA
ADA Checklist for Readily Achievable Barrier Removal Now Available
Under the ADA, businesses and non-profit organizations need to make their older facilities accessible when it is "readily achievable to do so." This checklist follows the four priorities in the Department of Justice's regulations: 1. Approach and Entrance, 2. Goods and Services, 3. Public Toilet Rooms, 4. Other Accessibility. The checklist is based on the 2010 ADA Standards for Accessible Design.
Retired Chicago cop’s service dog not welcome in Iowa town (Sun Times)
For 32 years, nearly half as a tactical officer, Jim Sak was a cop chasing down bad guys on the streets of Chicago. Now that he’s retired and living in tiny Aurelia, Ia., the townsfolk are chasing him — to get rid of “Snickers,” a five-year-old Pit bull-mix service dog he needs after suffering a debilitating stroke that left him with no feeling on the right side of his body.
A Serious Illness or an Excuse? (Wall Street Journal)
As Awareness of Mental Issues Rises, Colleges Face Tough Calls; Playing 'Detective'
Earlier this semester, college senior Leah Nelson emailed one of her instructors to ask for extra time to complete a paper. "I have been going through a rough patch lately and am making the decision to take care of myself this week," Ms. Nelson wrote. Her mental health, she continued, would "take priority over everything else."
Colleges Besieged With Disability Accommodation Requests (Disability Scoop)
Requests for disability accommodations at college campuses are on the rise, leaving administrators struggling to determine whether or not flexibility is warranted in every case. Under the Americans with Disabilities Act, universities are required to provide “reasonable accommodations” for students with disabilities. Often this means allowing those with special needs extra time or a quiet room for exams.
Disability activist sues Hackensack mall (North Jersey News)
Three city businesses, including The Shops at Riverside mall, are the latest targets of a Florida-based advocacy group that has sued hundreds of retailers nationwide for allegedly failing to follow federal handicapped accessibility guidelines (North Jersey News)
City of Lodi, school district settle disability case for $45,000 (Lodi News)
A bitter lawsuit between a disabled Tokay High School graduate, the city and its school district has finally come to an end. Jeremy Hixson, 20, who sued the city of Lodi and the Lodi Unified School District for not supplying reasonable arrangements during his 2009 graduation ceremony at the Grape Bowl, agreed to a $45,000 settlement on Monday. The payment will be paid in equal portions by the city and school district.
ADA Employment
If FMLA will soon expire, start interactive ADA process (Business Management Daily)
If you immediately fire employees who have used up their FMLA leave—without considering whether they may be disabled and need reasonable ADA accommodations—you may be making a big mistake. Instead, let the employee know you want to begin the interactive accommodations process right before FMLA leave runs out. Recent case: Joseph White worked as a truck mechanic, a physically demanding job. While off-duty, he fractured his leg. White went out on FMLA leave. Before it expired, his employer asked him to suggest possible reasonable accommodations. When White offered none, he lost his job. He sued, alleging ADA violations. The court tossed out the case, reasoning that the employer did everything right. It reached out, tried to find accommodations and found none. (White v. Interstate, No. 11-5063, 6th Cir., 2011)
Posthumous settlement shows ADAAA impact (Business Management Daily)
Maxim Healthcare Services has agreed to pay $160,000 to the estate of a Minneapolis nurse who died of cancer, ending a tragic case that highlighted the reach of the Americans with Disabilities Act Amendments Act (ADAAA).
Wal-Mart to pay $275k after firing employee after cancer-related surgeryý (TriCities.com)
Wal-Mart Stores Inc. will pay $275,000 to settle a disability lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today. In its lawsuit, the EEOC charged that the company denied a 12-year employee of its East Tennessee distribution center #6039 in Midway, Tenn., a reasonable accommodation after he had cancer surgery, which left him with weakness in his right shoulder. The EEOC said Wal-Mart also fired him in retaliation for complaining about its refusal to accommodate him. The employee had successfully worked as a forklift driver after the surgery. He requested that the company not require him to cover a 20-minute break in the shipping department because it would require manual lifting. Wal-Mart denied his request for an accommodation and discharged him, claiming he could not perform the essential functions of his job.
EEOC Sues Wal-Mart for Denying Close Parking for Employee With Heart Condition (Jobmouse)
Mega-retailer Wal-Mart violated federal law by failing to accommodate an employee with a disability, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today. The EEOC also charged that Wal-Mart later fired the worker because of his disability and in retaliation for asserting his civil rights.
Miscellaneous
The civil rights issue we need to talk about (Washington Post)
The unemployment rate for people with disabilities is slightly over 44 percent. Compare that with the slightly over 8 percent unemployment rate in the total population. Access to employment for those with disabilities is a civil rights issue, and one that could affect anyone at any time