November 2024
Volume 18 Issue 2
TechOWL: Developing a Program for 3D Printing Assistive Technology
Defining Disability: Navigating the ADA and Gender Dysphoria
Essential Strategies for Creating Accessible Social Media Content
Managing Accommodations During the Great Return to Office
The Job Accommodation Network (JAN) has provided practical suggestions to employers to help ensure they are not violating the civil rights of employees with disabilities in their return to office mandates. Check out their helpful strategies and other related resources!
The Quality of Life (QL+) Program: Empowering Veterans with Disabilities
With Veterans Day right around the corner, take a look at this new opportunity for veterans with disabilities. The Quality of Life (QL+) Program is currently seeking veterans who would benefit from custom-built and specialized devices that would support an active lifestyle or simply enhance daily living.
Opioid Use and Mental Health in the Construction Industry
Like any place of employment, it is important for employers and workers in construction to develop effective workplace supports that address substance use and mental health issues. Check out the strategies in this resource from the Employer Assistance and Resource Network on Disability Inclusion (EARN) for this high-demand industry.
Diabetes Self-Management Education and Support (DSMES) Toolkit
November is Diabetes Awareness Month! Check out this toolkit from the Centers for Disease Control and Prevention (CDC) to learn strategies for managing diabetes during daily life and emergency situations.
Answer: The 2010 ADA Standards for Accessible Design specify accessible parking requirements such as the
number of spaces and the size of the spaces but not who is qualified to park there. This piece is typically
addressed by state law. Each state creates and maintains their own eligibility criteria and procedures to issue
accessible parking permits to people with disabilities, usually in the form of placards or license plates. These
permits may only be available to certain people based on their limitations or they may come with a benefit, such
as free metered parking. Because these permits are established through state law, enforcement is typically
carried out by state or local law enforcement, not the federal ADA enforcement agencies. State and local
governments can also create additional requirements for accessible parking spaces that go above and beyond the
ADA minimums. These additional requirements would also be enforced on the state or local level.
Finally, accessible parking spaces within a particular lot may have other general eligibility criteria that
would apply to anyone, regardless of disability. For example, some lots may require a person to be an employee
to park there or require them to purchase a parking pass. As long as the criteria is applied equally to people
with and without disabilities, this is generally allowed.
Resource(s):
Learn more by visiting our ADA Frequently Asked Questions.
EEOC vs. North Carolina Walmart Retail Stores
EEOC announced the resolution of three lawsuits filed against three Walmart stores located in North Carolina to correct the unlawful practice of failing to provide intermittent leave as a reasonable accommodation and then firing the employees who made such requests for violating the company attendance policy. Collectively Walmart has agreed to pay $175,000 to the affected employees and provide other relief (i.e., conduct annual trainings, post notice of employee rights, submit compliance reports to EEOC, etc.) to resolve the lawsuits.
Check out, EEOC vs. Arizona Walmart, another leave request case.
EEOC vs. GBMC Healthcare Inc. (GBMC)
According to the lawsuit, GBMC hired a registered nurse (RN) who is deaf to work at its main hospital. When GBMC learned that the RN was deaf after she requested accommodations, GBMC rescinded the offer of employment and terminated her without engaging in the interactive process required by law.
The lawsuit alleges Builders FirstSource violated federal law when it terminated a qualified worker’s assignment because of his age and the assumption that he had a physical impairment. After the 67-year-old worker reported for his first day of work, assigned by a third-party staffing company, the general manager made assumptions based on her brief observation of the worker’s age and appearance that he had a physical impairment and would not be physically capable of performing the job. Based on those assumptions, she immediately terminated his assignment. In reality, the worker was qualified for the position and had a history of working long hours at physically demanding jobs.
EEOC vs. ABC Phones of North Carolina, Inc. (Victra)
The suit claims a new hire discovered that she needed to schedule an ultrasound and to see a high-risk pregnancy doctor before her start date. Hours after notifying the district sales manager that she needed to go to a medical appointment on the afternoon of her first day of training, Victra withdrew the job offer and told her she would need to reapply once she knew she could “100% attend.” In contrast, EEOC found that the company permitted other new hires to adjust or reschedule their training start dates or attendance for various reasons unrelated to pregnancy. The ADA forbids discrimination against a qualified individual because of a pregnancy-related impairment the employer regards as a disability.
According to the suit, the Country Club Retirement Center required a female veteran to sign an agreement shortening the statute of limitations applicable to the ADA as a condition of retaining her employment and fired her due to her disability. It is also alleged that the retirement center required the employee to disclose information about family genetic history in violation of the Genetic Information Nondiscrimination Act (GINA). Further, the suit claimed the retirement center harmed a class of employees by maintaining 100%-healed and restrictive attendance policies, using termination and disciplinary processes.
EEOC vs. Cruz Construction Co., Inc.
According to an investigation, Cruz Construction fired an administrative assistant two days after she requested a reasonable accommodation for a disability. The settlement requires Cruz Construction to pay $56,000 to the former employee, review its non-discrimination policies, conduct manager and employee training, and post a notice concerning the resolution.
EEOC vs. Nature’s Herbs & Wellness Center (High Plainz Strains)
The lawsuit alleges Nature’s Herbs & Wellness failed to reasonably accommodate an employee after she disclosed her disabilities to her manager and requested accommodation. When the employee complained about disability discrimination, Nature’s Herbs suspended her without pay and later fired her. In internal communications regarding the employee’s termination, the owner of Nature’s Herbs instructed human resources to “cut [the employee] loose” because she did not disclose her disabilities when she was hired, and the human resources manager referred to the employee as a “fruitcake.” Under the consent decree, Nature’s Herbs will pay the employee $95,000 and provide annual training on the ADA to all employees.
After about two years on the job, a part-time employee requested an accommodation for his intellectual and cognitive disabilities. An investigation found that instead of fully implementing the agreed-upon accommodation, his employer terminated him due to his disability. The settlement requires Catalyst Family to pay $150,000 to a former employee, revise its non-discrimination policies and procedures, and conduct training for all managers, recruiters, and HR personnel. The company also agreed to provide the worker with a neutral reference letter and to rescind the termination notice from his personnel file.
EEOC vs. VibraLife of Katy, LLC (VibraLife)
The suit claims VibraLife hired an employee with a sleep disorder for a night shift position. The job posting required the selected candidate to work 36 hours per week in three 12-hour shifts. Upon beginning her employment, the employee was notified that she would be required to work a fourth 12-hour shift every other week. The employee promptly requested an accommodation that her schedule be limited to the express terms of the job posting and offer to accommodate her disability. Shortly after receiving the employee’s request for a reasonable accommodation, the employee was demoted and then terminated. Per the consent decree, VibraLife will pay $80,000, revise its policies and practices to ensure it provides reasonable accommodations, provide annual training on the ADA to employees, and post a notice to employees regarding the lawsuit.
DOJ vs. Township of New Hartford
Investigators from the DOJ surveyed the New Hartford Town Hall in Minnesota and observed physical barriers, including a steep ramp without handrails at the entrance, that make the Town Hall inaccessible to individuals with disabilities. DOJ reached a settlement agreement with the Township that requires the Township to make necessary accessibility modifications, including certain modifications no later than October 31, 2024. These modifications include accessible parking areas and a ramp that provides an accessible route to the entrance of the building.
DOJ vs. Wisconsin Department of Corrections (WDOC)
DOJ reached a settlement agreement with WDOC that will help ensure that incarcerated individuals who are deaf or hard of hearing have equal access to WDOC’s programs, services, and activities, including educational, counseling, medical, recreational, and prison employment programs. Per the agreement, WDOC will implement a process that begins at intake and continues throughout incarceration, to identify and accommodate inmates with hearing disabilities; develop individualized communication assessment and plans; provide training on the ADA to staff; and pay $15,000 to three incarcerated individuals who were harmed.
Four Rivers Special Education District in Illinois has entered into an agreement to ensure its disciplinary practices do not deny students with disabilities a free appropriate public education (FAPE) and comply with civil rights obligations to students with disabilities under Section 504 of the Rehabilitation Act and Title II of the ADA. OCR’s review found the district routinely referred students to law enforcement for non-criminal behaviors. In addition, several students with disabilities spent extensive time out of the classroom but district records did not reflect evaluation of whether this non-instructional time merited reevaluation to determine whether different or additional supports may be necessary for a student or evaluation whether a student needed compensatory services to ensure that student’s equal access to education.
Also, check out, U.S. Department of Education’s Office for Civil Rights (OCR) vs. St. Johns County School District, another resolution agreement with a school district in Florida that addresses the districts' use of restraint and seclusion denying students with disabilities FAPE in violation of Section 504 and Title II.
DOJ reached a settlement and proposed consent decree with the Cubs to resolve alleged violations at Wrigley Field. Under the settlement, the Cubs will make remediations to ensure accessibility for people with disabilities, including removing non-compliant wheelchair spaces and companion seats and replacing them with wheelchair spaces that have significantly improved views of the field and fully compliant sightlines in every area of the stadium. The Cubs have agreed to modify protruding objects along circulation paths within Wrigley Field and ensure that certain parking and shuttle services outside the stadium are compliant. All Cubs employees and contractors whose job responsibilities involve contact with patrons with disabilities will receive training on the settlement before each of the next three baseball seasons.
DOJ vs. Fitness International LLC (LA Fitness)
The lawsuit alleges LA Fitness gym and fitness clubs have many barriers that prevent LA Fitness members with disabilities from accessing the clubs or using the clubs’ pools and fitness equipment. Common barriers include broken pool lifts and broken elevators. Sometimes, these issues left people with mobility disabilities unable to get into clubs or pools at all. Other times, people with disabilities have gotten stuck dangling over the water on broken pool lifts, have had to call LA Fitness staff to help them get in and out of pools, or have had to crawl out of pools. Even after members with disabilities complained about these issues, LA Fitness did not fix them for long periods of time.
DOJ vs. Dr. Mark A. Nowacki, M.D., P.A.
The complainant alleged that when she called to schedule a new patient appointment, Dr. Nowacki denied her request for an ASL interpreter to be provided at the appointment. Under the settlement agreement, Dr. Nowacki must: adopt a written ADA effective communication policy; provide qualified interpreters when necessary to effectively communicate with a patient or their companions with disabilities; implement training for all employees; maintain a log documenting all requests for auxiliary aids and services and how he handled those requests; and pay the complainant $1,000.
Check out, DOJ vs. Sports Medicine & Orthopedic Surgery, P.C. (SMOS), another settlement agreement with a healthcare provider for not providing effective communication to its patients and their companions who have disabilities..
DOJ vs. Aqua Services, Inc. (“Aqua”)
The complainant, a customer who uses a relay calling service to communicate by telephone, alleged that on several occasions when he called Aqua’s customer service line to address a billing issue, the customer service representatives who answered the phone hung up on him rather than accepting the relay call. As a result, he alleged, he was unable to promptly resolve his billing issue. Per the settlement agreement, Aqua will designate an ADA Coordinator, implement a telephone number and email address to receive comments and complaints relating to access to Aqua’s customer service line, and adopt and publish an Effective Communications Policy for effectively communicating with people with disabilities. Aqua will also pay a monetary sum to the complainant.
DOJ vs. Inland Northwest Behavioral Health (Inland)
A former patient of Inland alleged that he was required to provide documentation for a service animal, was not allowed to conduct visitation indoors with the service animal, and was segregated from other patients while utilizing the service animal. The settlement requires Inland to pay $10,000 to the individual with disabilities; implement and utilize a written ADA service animal policy; require annual employee training; and conspicuously post notices to patients and employees that service animals are welcome.
DOJ vs. Imagination Island of Fleming Island, Inc. (Imagination Island)
U.S. Attorney’s Office investigated the daycare center when the parents of a three-year-old child alleged that Imagination Island terminated the enrollment of their son because the child has epilepsy. Per the settlement agreement, Imagination Island must: adopt, maintain, and enforce 1) a nondiscrimination policy regarding the prohibition of discrimination based on disability; and 2) an emergency anti-seizure medication administration policy and procedure; require all employees to complete annual training on epilepsy seizures and all policies, practices, and procedures required under the agreement, as well as Title III requirements; and pay the complainants $4,000.
