March 2025
Volume 18 Issue 5
Screened Out: The Impact of Digitized Hiring Assessments on Workers with Disabilities
Companies have incorporated hiring technologies, including AI-powered assessments and other automated employment decision systems (AEDSs), into various stages of the hiring process across a wide range of industries. Check out the findings of this report to learn more about these digitized assessments and their impact on people with disabilities.
Aging Behind Bars: A Study on the Rising Rates of Disability Amongst Incarcerated Older Americans
A new study from the Department of Health Policy and Management has found that older adults in prisons reported having a disability at nearly double the rate of non-incarcerated people. The aging prison population stems from a combination of factors, including longer sentences, harsh sentencing laws enacted in the 1970s and 1980s, and lower rates of compassionate release.
A New Framework for Evaluating Disability Representation in Film and Media
The FWD-Doc Framework provides a detailed chIecklist of questions that evaluate disability representation in film and media. For example, were disabled filmmakers or creatives meaningfully involved? Does the film avoid harmful tropes? Check out the evaluation framework for film and media to learn more.
Home Modification Grants and Loans for People with Disabilities
While the ADA does not provide personal benefits or grant funding, these resources are often requested by the disability community for the purpose of independent living. Check out this helpful resource from Nerdwallet that shares information on federal, state and local home modification grants and loans as well as information for nonprofits about finance options.
Answer: Outside of planned alterations or additions, Title III of the ADA also requires public accommodations like businesses, non-profits and other private entities to remove structural barriers in existing buildings when it is “readily achievable.” This means that the changes are easily accomplishable without much difficulty or expense. What is considered “reasonable” can depend on factors such as the type of barrier removal needed, whether it is technically feasible, the overall financial resources of the site or any parent corporation as well as any tax credits or other assistance that is available to the entity.
The ADA contains a priority list for removing barriers. In general, entities should look at removing barriers in the following order:
For permanent facilities, accessibility updates are generally required to be permanent. For example, an entity should not be using a portable ramp when installing a permanent ramp is readily achievable. Alternatives to physical barrier removal can only be considered if the entity can demonstrate that the barrier removal is not “readily achievable.” Some examples of alternatives might include providing online or curbside service, relocating goods or services to accessible locations, assisting customers with retrieving items from shelves, etc.
Physical barrier removal updates must comply with the 2010 ADA Standards, at minimum. However, there may be additional requirements under state or local building codes. In cases where requirements overlap, the entity must comply with the stricter standard. For example, some states may require all accessible parking spaces to meet the dimensions for van accessible spaces. This is a stricter standard than what the ADA requires.
Resource(s):
Learn more by visiting our ADA Frequently Asked Questions.
U.S. Supreme Court Reviews Stanley v. City of Sandford
The U.S. Supreme Court recently heard oral arguments on the case Stanley v. City of Sanford which seeks to address whether former employees have the right to sue their former employer under the Americans with Disabilities Act (ADA) for discrimination relating to post-employment fringe benefits.
Sutherland v. Peterson's Oil Services, Inc.
Sutherland was employed as an oil service technician at Peterson's. Two months into his job, he injured his right knee, leading to a torn meniscus and damaged patella. Sutherland requested reduced work hours due to his injury and eventually took a 12-week leave for knee surgery. Upon attempting to return to work, he was informed of his termination. The appellate court concluded that Sutherland provided sufficient evidence to show that his knee injury was a disability under the ADA, as it substantially limited his major life activities. The court also found that Sutherland's requests for reduced work hours were reasonable and that his employer failed to engage in the interactive process.
Check out William Goren’s Blog Post, A Temporary Disability Can be a Protected ADA Disability and Other Stuff to learn more.
In the case of Goldup v. Casino, the court resoundingly endorsed a person with a disability’s right to receive reasonable accommodations from the court. The second aspect of the case involves whether there are any limits on the sovereign immunity of Native American tribes.
Taylor v. KNB’s Inflatables Please, LLC
This case involved a person with a service animal who was kicked out of a business. When the police became involved, they did not know the law, and the individual wound up suing both the police and the business for ADA violations.
Leah Walker, a visually impaired resident of Illinois, has filed a class action lawsuit against Robert Graham Retail, LLC, accusing the company of violating the ADA by failing to make its website accessible to blind and low vision users. According to Walker, this lack of accessibility denies her equal access to the goods and services offered by Robert Graham Retail online.
Bank Sued Over Alleged ADA Violations at Puerto Rico Branches
Banco Popular de Puerto Rico is facing a federal lawsuit alleging that while their branches in Florida comply with ADA requirements, its locations in Puerto Rico have transaction counters as high as 49 inches, far above the maximum 36-inch height limit established by federal law. This creates barriers for people who use wheelchairs or who have mobility impairments.
