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Great Lakes ADA and Accessible I T Center

 

 
November 2005
Volume 2, Issue 3

The Docket

City of Chicago is sued for Violations of the ADA

A disability rights organization filed a federal complaint against the City of Chicago for its continuing failure to provide and maintain curb–cuts that comply with the Americans with Disabilities Act (ADA) of 1990.

"The City's non–compliance creates inconvenient and often dangerous barriers to the general public as they travel through the City as pedestrians," said Executive Director Jo Holzer of the Council for Disability Rights, which filed the suit along with 7 individuals.

The complaint seeks relief from the City of Chicago that will guarantee consistent and permanent access for individuals with disabilities.

JOHNSON, GORDON R. v. EXXON MOBIL 7th Circuit Court

In an employment case, summary judgment was awarded to the defendant. The court ruled that the employer is affirmed where plaintiff's application for Social Security Disability Insurance judicially stopped his ADA claim.

Johnson has been receiving Social Security Disability Insurance (SSDI) Benefits since being terminated by Exxon. On his application for those benefits, he stated that he had been unable to work because of his disability.

Exxon filed a motion for summary judgment, claiming that Johnson's SSDI application judicially stopped his claim that he could have worked "with or without reasonable accommodation," which was an element of his ADA claim. Johnson provided an explanation for the inconsistency between his SSDI application and his ADA claim, but the court ruled that this explanation was not sufficient to overcome Exxon's summary judgment motion.

3rd Circuit: County Court Workers May Not Sue Under ADA

In a decision that impacts all court workers in Pennsylvania, the 3rd U.S. Circuit Court of Appeals has ruled that county courts are "state entities" –– despite the fact that they are locally funded –– and are therefore entitled to immunity under the 11th Amendment.