As part of its revision of its influential Diagnostic and Statistical Manual, the American Psychiatric Association is proposing to lower diagnostic thresholds for some conditions and recognize other entirely new (and sometimes controversial) disorders. That will have implications for the coverage of the Americans with Disabilities Act and other laws, as I explain in a new post at Cato at Liberty. (& Alkon, Alex Adrianson/InsiderOnline)
Posts Tagged ‘disabled rights’
Hotel chain will pay $132,500 for dismissing autistic desk clerk
The EEOC says Comfort Suites dismissed the clerk when it should instead have accepted the services of a state-paid “job coach” who might have “helped the clerk learn to master his job by using autism-specific training techniques.” [EEOC press release, Fox San Diego]
NBA-er: team’s medical ineligibility ruling was disability discrimination
“Former National Basketball Association player Cuttino Mobley sued Madison Square Garden LP, parent of the New York Knicks, alleging that the team discriminated against him based on what it perceived to be a disability.
Mobley, who hasn’t played since the 2008-09 season, says the Knicks ended his career by having him declared medically ineligible to play because of a heart ailment, according to the complaint filed today in U.S. District Court in Manhattan.” [Bloomberg, NY Post]
Judge declines to dismiss ADA suit over streaming Netflix
A Massachusetts federal judge has declined to throw out an ADA suit against Netflix demanding captioning of its streaming movie service, but “stayed the case pending rulemaking by the Federal Communications Commission.” [Qualters, NLJ] Relatedly, Arizona’s largest movie chain will install closed captioning and headset systems in all its outlets following an adverse ruling by the Ninth Circuit under the Americans with Disabilities Act (ADA). [East Valley Tribune, earlier] Meanwhile, following an audit negotiated in a settlement with the U.S. Department of Justice, “The city of Tucson may have to find an estimated $17 million to bring many of its facilities into compliance with the Americans with Disabilities Act.” [Star]
ADA roundup
- “Federal judge: ADA makes porches in new stores illegal” [PoL]
- “San Francisco Manages to Spend $700K for a Wheelchair Ramp” [Lowering the Bar] Taco Bell hit with potentially expensive California verdict [AP]
- Looking for regulations that burden economy? Look no further than the ADA [Bader]
- Website critical of serial California filers [Highest Paid Lawyer]
- Parking lot rules imperil historic re-creation of Victorian setting in east L.A. [EastSider]
- “Morbidly” obese, at least, covered: EEOC sues over firm’s dismissal of 680-lb. man [Houston Chronicle, Hyman, MySanAntonio]
- $1.1 million verdict against Iowa university for failing to accommodate worker’s mental state could encourage more suits [Fox]
- Missed this in June: “Netflix sued by deaf group over lack of subtitles” [Lance Whitney, CNet]
September 21 roundup
- Free-Range Kids highlight roundup: Tenn. mom faces child neglect charges if she lets her 5th grader ride bike to school (more); “An Alert for an 11-y.o. Missing for 2 Hours?“; “As recently as 1979, a first-grader could…”
- Political crusades against chain stores are nothing new [Perry]
- “Are You a Surgeon? Sorry, You’re Going to Face a Malpractice Claim By Age 65” [WSJ Health Blog] Was patient an “obvious” stroke victim? [Duluth N-T via WhiteCoat] Malpractice risks with special needs patients [KevinMD]
- Ethics trial begins for former Maricopa County attorney and Overlawyered favorite Andrew Thomas [ABA Journal]
- Has defense lawyer in Connecticut home invasion case gone too far? [NYT]
- “Reason.tv: Regulation and the Entrepreneur”
- “A Decade After 9/11, Police Departments Are Increasingly Militarized” [Balko, Hinkle, more]
“ADA Suit May Overturn Pit-Bull Bans”
“City officials in Denver and in the neighboring suburb of Aurora are being sued over their enforcement of dog breed bans. The suit claims the bans violate the Americans with Disabilities Act.” [Arin Greenwood, ABA Journal]
“White Castle sued by overweight burger-lover”
New York: “A 290-pound diner claims the White Castle chain has violated the civil rights of its more sizable clientele by not following through on promises to make its tight booths bigger to accommodate their bellies.” [S.F. Chronicle]
September 6 roundup
- “For any value of x, ‘X’s Law’ is a bad idea.” [David Wagner on this Radley Balko post]
- “Politicized hiring at DOJ” shoe is on the other foot now [Caroline May, Daily Caller; Hans Bader/CEI]
- “THE FACTS: Nothing is unconstitutional until courts declare it to be so,” quoth AP. Whaaaa? [Taranto]
- Pull back your town’s Section 8 program, get sued or investigated [James Bovard, WSJ]
- New Jersey Turnpike Authority legal payouts include $150K in legal fees to ADA claimant [Press of Atlantic City]
- NYT’s faux-criticism of Title IX enforcers: colleges aren’t cowed enough by them [Joshua Thompson, PLF Liberty Blog]
- After silicosis-payout scandal, lawsuits aim at defrauded insurer among other parties [Brenda Sapino Jeffreys, Texas Lawyer, earlier]
EEOC: drinking history no reason to withhold heavy trucking jobs
Old Dominion Freight Line, Inc., an interstate trucking company, doesn’t want to put drivers with a history of drinking problems behind the wheel, and has accordingly been sued by the federal Equal Employment Opportunity Commission for allegedly violating the Americans with Disabilities Act (ADA), under which alcoholism is considered a protected condition. I’ve got details in a new post at Cato at Liberty (& Bader/CEI, Lachlan Markay/Heritage, Fox News).