ballan posted on March 30, 2011 07:46
ADA
ACLU lawsuit claims Alabama discriminates against HIV-positive inmates (Blog)
Lawsuit says Alabama's practice of segregating HIV infected inmates prevents them from participating in rehabilitation and other prison programs The American Civil Liberties Union today filed a federal lawsuit on behalf of 10 HIV-positive Alabama inmates, claiming state’s policy on HIV-positive inmates discriminates against them by separating them from other inmates and excludes them from some programs.
KLENE v. TRUSTEES OF INDIANA UNIVERSITY
(Leagle.com)
Cama Klene, who has multiple sclerosis and uses a wheelchair, sued Indiana University for failure to accommodate her disability, 42 U.S.C. § 12132; 29 U.S.C. § 794(a), and for retaliation, 42 U.S.C. § 12203(a), after the School of Social Work removed her from its program.
FELDMAN v. PRO FOOTBALL (Leagle.com)
Defendants Pro Football, Inc. and WFI Stadium, Inc. operate, respectively, the Washington Redskins football team and FedEx Field, where the Redskins play home games. Plaintiffs are three individuals who are deaf or hard of hearing and who regularly attend Redskins games at FedEx Field. Plaintiffs argue that the Americans with Disabilities Act (ADA) obligates defendants to provide auxiliary access to the content of broadcasts from FedEx Field's public address system. Soon after plaintiffs filed their complaint, defendants captioned most of the aural content to which plaintiffs seek access. The district court nevertheless held that the case was not moot and granted summary judgment to plaintiffs….Equally important is the continued existence of a live dispute over captioning music lyrics at Redskins games. The district court construed plaintiffs' complaint to encompass a request for captioning of music lyrics. Because defendants had not provided auxiliary aids for the lyrics, the court concluded that this issue also remained live.
ADA Employment
EEOC Announces Final Bipartisan Regulations for the ADA Amendments Act (EEOC)
The U.S. Equal Employment Opportunity Commission’s (EEOC) final regulations to implement the ADA Amendments Act (ADAAA) are now available on the Federal Register website. Like the law they implement, the regulations are designed to simplify the determination of who has a “disability” and make it easier for people to establish that they are protected by the Americans with Disabilities Act (ADA).
U.S. Chamber Applauds Bipartisan Work of EEOC on ADA Amendments Regs (HR.BLR)
Randel K. Johnson, U.S. Chamber of Commerce senior vice president of Labor, Immigration and Employee Benefits, issued this statement today applauding the U.S. Equal Employment Opportunity Commission (EEOC) for its bipartisan approval of regulations implementing the Americans with Disabilities Act (ADA) Amendments Act of 2008: “The ADA Amendments reflect a carefully crafted compromise between the business community and the disability community that was passed by the House and the Senate without dissent.
Final ADA rules reflect relaxed definitions of disability (Hr Morning)
The EEOC’s issued final rules covering the Americans with Disabilities Act — and as expected, the revised regs smooth the way for employees to claim they meet the legal definition of disabled.
A New Hip Didn't Make Factory Worker Disabled (Courthouse News Service)
A former meat-packing factory worker who was fired after hip-replacement surgery left her unable to perform her job duties cannot pursue claims under the Americans with Disabilities Act, the 7th Circuit ruled.
Court to decide if teacher can sue church school (WSBT-TV)
The Supreme Court will decide whether a teacher at a church-run school is a religious or secular worker when it comes to the Americans with Disabilities Act. The high court on Monday agreed to hear an appeal from Hosanna-Tabor Evangelical Lutheran Church and School of Redford, Mich. Cheryl Perich got sick then tried to return to work. Still, the school fired her. She complained to the Equal Employment Opportunity Commission, which sued the church. The church wants the case thrown out. The ADA has a "ministerial exception" which prevents government involvement in the employee-employer relationship between churches and ministerial employees. But the 6th U.S. Circuit Court of Appeals said Perich's job as a teacher was secular, not religious, so the exception blocking the lawsuit didn't count.
FMLA
Working: Medical leave cap isn't always 12 weeks (Houston Chronicle)
Most of us already know that the federal Family and Medical Leave Act allows employees up to 12 weeks of unpaid leave to take care of their own illnesses. But amendments to another federal law could extend that time off by another month or two or even more. That's because in 2009 the Americans with Disabilities Act effectively expanded the number of people who are considered disabled.
AT
High Tech in Service to Others (Boston Globe)
James Gips the Egan Professor of Computer Science at Boston College has developed a technology to allow people — most with severe disabilities — to control a computer mouse with head movements.
Assistive Devices for Special Needs: Technologies and Global Markets (Report Linker)
An overview of devices and accommodation products for several categories of special needs, including cognitive learning disabilities, intellectual/developmental disabilities, and physical disabilities. Analysis of global market trends, with data from 2009, estimates for 2010, and projections of compound annual growth rates (CAGRs) through 2015. Discussion of accommodations for identified special-needs people in the U.S. and internationally through regulatory bodies, including the U.S. process for implementing accommodations in schools. Evaluations of emerging devices in consumer electronics, mobility devices, and sensory applications. Examinations of the industry structure, including major manufacturers and market shares, and comprehensive company profiles.