The ADA Report, January 2019

Resources/FYI

Ensuring Language Access and Effective Communication During Response and Recovery: A Checklist for Emergency Responders -Department of Health and Human Services
 

New rule will require airlines to report damaged wheelchairs and all mishandled luggage .  As a result of the FAA bill, airlines must start reporting wheelchair and scooter damages this month and data will be available online in February at the U.S. DOT's Consumer Air Travel Reports website.
 

One of the modernistic wheelchair designs winners in the Toyota Wheelchair Design competition.

Toyota Finalists for $4 Million Challenge to Reinvent the Wheelchair

Court Cases/Articles

$3.5 Million Settlement Highlights Issue Of When Pregnancy May Be A Disability Under The Law-Forbes.com

The EEOC recently settled a nationwide investigation of a company that allegedly discriminated against pregnant employees or those with disabilities.  The terms of the settlement include a $3.5 million payment as well as injunctive relief, such as updating the company’s reasonable accommodations policies and training its 10,000 employees. In the case that settled for $3.5 million, the EEOC accused the company, Cato Corporation (a women’s fashion retailer), of denying reasonable accommodations to pregnant employees and firing or requiring them to take unpaid leaves of absences because they were pregnant or had a disability.  More...


'I hate working with women': ADA doesn't excuse worker's outburst, court says-HR Dive.com

  • Federal law did not require an employer to excuse an employee's assertion that he hated working with women, even if the outburst was caused by a disability, the the U.S. District Court for the Middle District of Georgia Columbus Division held, granting summary judgment to the employer in Kassa v. Synovus Bank, (No. 18-cv-2 (M.D. Ga. Jan. 3, 2018).  More...

The do's and don'ts of ADA accommodations: 3 new rulings-Hr Morning.com

Employers are facing more disability discrimination lawsuits than ever – despite their best compliance efforts. In the past year alone, over 25,000 ADA charges were filed by the EEOC.

One area that’s often a point of contention? The accommodation process. Workers and employers can have a very different idea of how a disability should be accommodated. And while each disability needs to be evaluated on a case by case basis, several recent court rulings shed further light on employers’ ADA accommodation responsibilities.  More...


Make Sure Essential Functions aren't Contradicted by Job Qualification Standards

Employers need to ensure job descriptions accurately reflect the essential functions of a given job, but may also need to ensure those functions aren't contradicted by employers' "qualification standards," a U.S. Equal Employment Opportunity Commission (EEOC) official said during a Disability Management Employer Coalition (DMEC) webinar last week.  At the center of the discussion was the method by which employers decide whether an applicant with a disability is qualified to perform a given job under the provisions of the Americans with Disabilities Act (ADA).  More...

Upcoming Webinars

Accessible Sidewalks, Shared Use Paths, and Street Crossings 

Thursday, February 7, 2019
2:30 PM Eastern Time Zone

The webinar will review the scoping and technical requirement found in both the PROWAG and 2013 SNPRM which address access requirement for sidewalks, shared use paths, and pedestrian street crossings. The webinar will also discuss requirements for other pedestrian facilities and elements found in the right-of-way such as accessible pedestrian signals, curb ramps, and transit stops
 

The ADA, Businesses and Barrier Removal: What are the Requirements? 

Tuesday, February 19, 2019
2:00 PM Eastern Time Zone

Obligations for businesses operating from existing buildings continues to be one of the most misunderstood requirements of the Americans with Disabilities Act (ADA). People forget that the ADA is a civil rights law and not a building code. Numerous lawsuits and complaints have arisen due to the lack of barrier removal by retail and business establishments on main streets across the country. Tune into this session to learn from our presenters about the ADA requirements for "readily achievable barrier removal" and how it applies to a place of public accommodation.

Register Today to Attend the National ADA Symposium!

June 16-19, Grapevine-Dallas, Texas -Gaylord Hotel
www.adasymposium.org

Gaylord Texan Hotel