Posts Tagged ‘disabled rights’

Cop fired after falling asleep on job wins nearly $1M

Kansas: “A federal jury Tuesday awarded a former McPherson police officer who was found sleeping on duty almost $1 million in wages and damages. Matthew B. Michaels alleged the city violated his civil rights, the Americans with Disabilities Act, the Family Medical Leave Act and the Kansas Wage Payment Act. He was fired from the McPherson Police Department in July 2012. Michaels said he was discriminated against because of a sleep apnea disability.” [McPherson Sentinel]

Labor and employment roundup

“Blind man sues Redbox, alleges kiosks are not accessible to visually impaired”

“Because a blind or visually impaired individual cannot discern the visual cues displayed on the kiosk controls, they cannot independently browse, select and pay for DVDs at kiosks, and instead must rely upon sighted companions or strangers to assist them,” states the complaint, filed in a Pittsburgh federal court by Robert Johoda. “Further, the blind or visually impaired consumer must divulge personal information, including their zip codes, to sighted companions or strangers in order to complete a transaction at the kiosks.” [Legal NewsLine]

Disabled rights roundup

  • Willingness of Connecticut courts to order accommodation of mental disorders is not limitless, as in case of “dazed and confused” teacher who “frequently reported to the wrong school or for the wrong class” [Chris Engler at Dan Schwartz’s Connecticut Employment Law Blog; Langello v. West Haven Board of Education]
  • “‘Seinfeld’ diner sued for not being handicap-friendly” [NY Post] Florida lawyers descend on New Jersey to file ADA suits [N.J. Civil Justice Institute]
  • “Plaintiffs want to expand lawsuit against Disney for how it treats guests with autism” [Orlando Sentinel]
  • It’s “sad that we need a federal appellate court to remind us” that ADA’s protection of alcoholism does not actually immunize worker fired after repeatedly driving municipal employer’s vehicles drunk [Jon Hyman, Ohio Employer Law Blog]
  • “Employers beware: EEOC appears to be stepping up disability discrimination enforcement” [Hyman] EEOC sues Wal-Mart over firing of intellectually disabled employee [Rockford Register-Star, EEOC]
  • Nice crowd your ADA racket attracts, California [Modesto Bee]
  • Argument: Employers that use “emotional intelligence” measurement in evaluating job applicants may be violating ADA rights of those with autism [Michael John Carley, HuffPo]

A disability mandate to shut down ride-sharing?

“The suit, filed by three mobility-impaired plaintiffs from San Antonio and Houston, claims that Uber and Lyft have violated the Americans With Disabilities Act, or ADA, by failing to provide a way for wheelchair users to take advantage of their services.” [Ted Troutman, Next City] Both services serve as intermediaries for users to offer rides in their vehicles.

“U.S. Senate panel advances global disabilities treaty”

“The Senate Foreign Relations Committee voted 12-6 in favor of the U.N. Convention on the Rights of Persons with Disabilities.” I’ve outlined the insuperable problems with the CRPD on many occasions, e.g. here (see also here, here, etc.). It’s not clear why Sens. Robert Dole and John McCain would think the best way to honor American military veterans is to yield up U.S. sovereignty over large swaths of domestic governance. [Reuters]

“Firefighter’s Fear Of Burning Buildings Does Not Qualify As A Disability”

“The Texas Supreme Court overturned a $362,000 disability discrimination judgment awarded to a captain for the City of Houston fire department who was removed from firefighting duties because his fear of entering burning buildings made him a danger to himself and others. City of Houston v. Proler, No. 12-1006 (Tex. June 6, 2014). According to the court, no reasonable jury could have found that his fear of entering burning buildings constituted a disability under the ADA or Texas law.” However, the court based its decision on the state of the law before Congress drastically widened ADA eligibility in 2009, so it’s not clear how such a case might come out if filed today. [Kevin Cox, Kollman & Saucier, P.A.; Eric B. Meyer]

Banking and finance roundup

  • In banking and FCPA cases, targets of DOJ prosecution are disproportionately firms domiciled abroad, and other countries do notice that [Jesse Eisinger, NYT “DealBook”]
  • “Los Angeles’ Confused Suit against Mortgage Lenders” [Mark Calabria, Cato] Providence also using disparate impact suits in hopes of making banks pay for its housing failures [Funnell]
  • Podcast discussion on Operation Chokepoint with Charles J. Cooper, Iain Murray, and Todd J. Zywicki [Federalist Society, earlier]
  • New round of suits against banks based on ATMs’ imperfect wheelchair accessibility [ABA Journal, earlier here]
  • Walgreen’s could save billions in taxes if it moved to Switzerland from U.S. Whose fault if anyone’s is that? [Tax Foundation]
  • “Left unmentioned: how fed regulation and trial lawyers deter banks from protecting themselves with overdraft fees.” [@tedfrank on NYT report about banks’ use of databases to turn down business from persons with records of overdrawing accounts, a practice that now itself is being targeted for regulation]
  • Scheme to seize mortgages through eminent domain stalling as cities decline to come on board [Kevin Funnell]

Disabled rights roundup

  • Blockbuster “web accessibility” issue, with potential for massive disruption of online life, continues to drag on without action in Washington despite urgings from academics; but at Ninth Circuit’s behest, California Supreme Court will decide whether state’s Disabled Persons Act covers websites [David Ettinger, Horwitz & Levy] More: Amy Alkon and commenters;
  • Federal district judge (E.D.N.Y.), suspecting foul play in multiple ADA filings, sends staff to investigate, but that’s a no-no as the Second Circuit reminds him [Josh Blackman]
  • Noting “continuing paranoia and obsession,” Vermont Supreme Court rebuffs bar applicant claiming discrimination on basis of mental illness [ABA Journal]
  • Just fine and dander: optician’s shop in suburban Detroit turns down worker’s request to bring service dog for generalized anxiety disorder, will pay $53,000 in settlement [EEOC]
  • Attack on “sheltered workshops” fits into multi-front effort to extend reach of federal wage-hour law: “Landmark DOJ settlement with RI provides road map to disability-law compliance for 49 other states” [ABA Journal]
  • Coalition politics counts: prominent disabled-rights groups [AAPD, DREDF, Bazelon Center, etc.] favor driving up cost of at-home attendants at expense of their own putative constituents [Benjamin Sachs, On Labor, on Harris v. Quinn amicus]
  • “Alcoholism and the ADA: Not as clear-cut as you think” [Dan Wisniewski, HR Morning, on Crosby v. F.W. Webb Co.] “Playing golf and having sex are major life activities under the ADA” [Eric B. Meyer]