Young v. United Parcel Service, in the Supreme Court, which has been built up as a cause celebre, turns on whether the courts should feel free to re-interpret a 1978 federal law, the Pregnancy Discrimination Act, so as to include evolving ideas of a right to accommodation akin to the ADA. The alternative position is that if such a right to accommodation is now thought to be a good idea, advocates should get Congress to enact it into law explicitly. [Lyle Denniston and related SCOTUSBlog, USA Today, Bloomberg/Pittsburgh Post-Gazette with auto-play, The Economist]
Reports Angus Loten in the WSJ:
Small-business owners face a growing number of disabled-access lawsuits in the wake of a recent appeals-court ruling giving rise to disabled “testers,” as well as the release of detailed federal specifications for curb ramps, self-opening doors and other standards.
…A November 2013 decision by the Eleventh Circuit Court of Appeals in a case against Marod Supermarkets found that someone who isn’t necessarily a patron could be a “tester” of disabled-access compliance. That cleared the way for individual plaintiffs to bring dozens, even hundreds, of lawsuits against multiple businesses, as serial testers….
The litigation upswing also follows the Justice Department’s release of a set of compliance standards for the 24-year-old federal disability law. Those standards, which came into force in March 2012, include detailed specifications for long-standing requirements, such as the allowable slope of a wheelchair ramp and the exact height of towel dispensers in accessible restrooms. They also introduced a new requirement for hotels with pools to provide a “pool lift” for disabled guests, which went into effect last year.
Some business owners say the lawsuits accomplish little more than providing revenue to attorneys. …
We warned about the pool-lift requirement multiple times. The article reports that plaintiffs are filing multiple suits against hotels in Florida for not having the lifts; along with Florida, California and New York account for a high share of all accessibility actions against local businesses and retailers, in part because of favorable state and city laws that increase complainants’ legal and financial leverage.
“MIAMI – In a verdict in favor of U.S. Equal Employment Opportunity Commission (EEOC), a jury has found that a licensed security guard with only one arm was unlawfully discriminated against based on his limb loss when his employer removed him from his post following a customer complaint about his disability, the federal agency announced today.” The agency said it was well-settled under federal anti-discrimination law that employers cannot act on the basis of discriminatory consumer preferences. [EEOC press release]
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]
- EEOC investigating claim that personality tests for job applicants discriminate against mentally ill [ABA Journal]
- Many “living wage” ordinances contain a sneaky provision that encourages unionization [Maxford Nelsen, WSJ]
- Sixth Circuit agrees to rehear case suggesting employees can demand telecommuting as accommodation [Jon Hyman, earlier; EEOC v. Ford Motor]
- Should employers give informative references? [Daniel Schwartz, Evil HR Lady]
- EEOC will abuse conciliation process unless judges exercise oversight [Merrily Archer]
- Here is how Politico proposes to cover labor issues as “straight news right down the middle” [The Weekly Standard, RiShawn Biddle/Rare]
- Study: extended jobless benefits prolonged labor market’s woes [Karahan, Kapon, Satar, New York Fed via Tuccille]
“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]
- 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]
“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.
“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]
She’s suing Fulton Financial, her employer, under New Jersey’s state equivalent of the ADA for its resistance to accommodating her by switching her to less stressful commuting hours [Courier-Post]