ADA News No. 183 May 30, 2009
ADA News
Disab il ities Law , New s & Perspective
Patrick H. Bair - Editor
Number 183 May 2009
Items regarding disabilities, disabilities law and the Americans with
Disabilities Act which may be of interest to you. Please share this information with
colleagues, supervisors and subordinates. This is a free publication available in
electronic and printed format to anyone who is interested. Subscription requests,
comments, contributions or questions, including requests for accommodations
needed to receive or apprehend this publication, should be addressed to Patrick H. Bair, Editor. The views and opinions
expressed herein are solely those of the editor, except where noted, and do not represent the views of the Office of
Chief Counsel or the Department of Environmental Protection. Current and recent issues can be found online at the
DEP OCC Homepage. All past issues of this publication are archived on the DEP internal website.
PERMANENT WORK- RELATED INJURY DISQUALIFIES EMPLOYEE FROM ADA COVERAGE -
An employee who sustains a work- related injury and is unable to perform essential functions of
his job as a result may not qualify for coverage under the ADA because he is no longer a qualified
individual as defined by the statute. That was the ruling from the U. S. District Court, Central
District of Illinois, which granted summary judgment to the Illinois Department of Transportation
in a former employee’s ADA Title I suit. A stationary engineer for the Department injured his right
knee, left elbow and both shoulders at work. He job duties included being responsible for
maintaining all the equipment at the DOT headquarters, and his essential functions required
manual labor, walking, squatting, lifting and climbing. The engineer’s work restrictions required
him to be permanently restricted in performing these manual activities. The DOT allowed him to
work light duty temporarily but eventually required him to perform all maintenance duties. When
he was injured again, the DOT required him to go on non- occupational leave of absence, and he
never returned to work. The engineer sued under ADA Title I for failure to accommodate his
disability, and the District Court granted summary judgment to the DOT. The court held that the
engineer was not a qualified individual with a disability because he could not fulfill his job’s
essential functions. The engineer argued that he could perform his essential functions with
accommodation. However, the court pointed out that asking the DOT to eliminate essential duties
( all work involving physical exertion) or to assign other employees to perform the duties the
engineer could not perform as accommodations was not reasonable under the ADA. Even if the
DOT had allowed the engineer to temporarily avoid the duties outside his medical restrictions, it
was not obligated to continue to do so indefinitely, according to the court. Ferriera v. Illinois
Department of Transportation, USDCt. CD Ill., No. 07- 3141, 3/ 23/ 09.
DOES THE AMERICANS WITH DISABILITIES ACT PROTECT SUPREME COURT NOMINEES?
( from CIDNY On the Issues, 5/ 27/ 09) - In President Obama's speech nominating Sandra
Sotomayor to the Supreme Court, he mentioned her Type I diabetes in a context suggesting that
while others told her it would limit her achievements, she broke through this stereotype. The
President said, " It's my understanding that Judge Sotomayor's interest in the law was sparked as
ADA News No. 183 - 2- May 30, 2009
a young girl by reading the Nancy Drew series. And that when she was diagnosed with diabetes
at the age of 8, she was informed that people with diabetes can't grow up to be police officers or
private investigators like Nancy Drew. In essence she was told she'd have to scale back her
dreams." However, it appears that the young Sotomayor took the warnings to heart and changed
her dream from being like Nancy Drew to being a judge like the ones on the Perry Mason show.
The obvious irony was that she was diverted to an even more ambitious dream. Read the rest of
this story HERE, and more about the Supreme Court nominee HERE.
REPORT: 1 IN 5 AMERICANS HAVE A DISABILITY ( abledbody, 4/ 30/ 09) - More than 20
percent of the nation’s population — or 1 in 5 Americans — have a disability, and this number will
increase as baby boomers age, according to a new report by the U. S. Center for Disease Control
and Prevention. The number of Americans with a disability rose 7.7 percent, or by 3.4 million
people, to 47.5 million between 1999 and 2005, said the CDC in its weekly Morbidity and Mortality
Weekly Report. The aging of the population, particularly the baby boomers who were born during
1946 to 1964, has significantly contributed to the increase in disability rates. Read the rest of this
story HERE.
DISABILITIES WEBSITE OF THE MONTH - You should be pretty familiar with the Disability and
Business Technical Assistance Centers, or DBTACs, as you have been seeing items in this
newsletter from our local DBTAC - the ADA& IT Information Center for the Mid- Atlantic Region - for
several years. Lately we have been featuring the monthly newsletter from the DBTAC Southwest
ADA Center in our Resources section. The DBTAC Southwest ADA Center is much more than a
newsletter, though. The DBTAC Southwest ADA Center is the Southwest’s leading resource on the
ADA and related disability rights laws. It is one of ten regional Disability and Business Technical
Assistance Centers ( DBTACs) funded by the National Institute on Disability and Rehabilitation
Research ( NIDRR). The DBTAC Southwest ADA Center serves a wide range of audiences who are
interested in or impacted by disabilities laws, including employers, businesses, government
agencies, schools and people with disabilities. Expert staff members are available to provide
training and publications and to respond to inquiries via their toll free hotline 800- 949- 4232. Oh,
yeah, it has a great website, too. Visit the DBTAC Southwest ADA Center or our local DBTAC to
learn more about the valuable services they offer.
LET’S TAKE THAT AGAIN - Another in a series of features reexamining pre- 2009 ADA decisions
in light of the changes brought about by the ADA Amendments Act, effective January 1, 2009. In
1996, the U. S. Court of Appeals for the Third Circuit ( PA, NJ, DE, VI) affirmed the decision of the
U. S. District Court, Eastern District of Pennsylvania dismissing the ADA claim of a buyer in the
Drexel University purchasing department. In September 1987, the buyer fractured his hip, leaving
him with a noticeable limp. His orthopedic specialist diagnosed his condition as severe
post- traumatic degenerative joint disease of the right hip and protrusio acetabulum of the right
hip joint. In January 1993, Drexel eliminated the buyer’s position. The buyer sued for disability
discrimination and “ regarded as” discrimination. His case was dismissed by the trial court. The
court found that the buyer did not have a disability (“ as a matter of law that plaintiff’s trouble
climbing stairs, which requires him to move slowly and hold the handrail, does not substantially
limit his ability to walk”) and that Drexel did not discriminate against him when it discharged him.
The Appellate Court affirmed. The buyer described the effect of his impairment thus: “ When asked
during his deposition about the limitations on his walking, [ the buyer] stated that he believed that
he could not walk ‘ more than a mile or so’ and that he ‘ certainly couldn’t jog.’ He also stated that
ADA News No. 183 - 3- May 30, 2009
when climbing stairs, ‘ I have to pace myself slower, and I would, naturally, hold onto the rail,’”
and “ that his limp was ‘ visible and apparent.’” He “ presented no evidence that he required any
special devices like a cane or crutches to aid him in walking.” The Court concluded, “ While we are
not unfeeling with respect to [ the buyer’s] condition, still we simply cannot regard it as a disability
under the ADA as it does not substantially limit him in the relevant major life activity, walking.”
On the “ regarded as” claim, the Court determined “ that the mere fact that an employer is aware
of an employee's impairment is insufficient to demonstrate either that the employer regarded the
employee as disabled or that that perception caused the adverse employment action.” Francis J.
Kelly v. Drexel University, CA3, No. 95- 2046, 8/ 23/ 96. [ Query whether the court would have
granted dismissal on the existence of a disability under the ADAAA, which allows a much lower
threshold for that determination. - Ed.)
AREA CALENDAR -
New Findings from the 2007 National Survey of Children’s Health ( NSCH); 2: 00 PM
EST, June 2, 2009; Online; one of the very first presentations on the results of this
important survey; the NSCH examines the physical and emotional health of children from
birth through 17 years of age; emphasis is placed on factors that may be related to the
well- being of children, including medical homes, family interactions, parental health, school
experiences, and neighborhood safety; more information at session website
Breaking the Cycle: Investigating the Intersection of Educational Inequities and
Health Disparities: 15 Annual Summer Public th Health Research Videoconference
on Minority Health; 1: 30 PM EST, June 9, 2009; Online; videoconference is presented by
the UNC Gillings School of Global Public Health Minority Health Project and UNC Diversity
and Multicultural Affairs; videoconference information available at conference website
National Traumatic Brain Injury ( TBI) Caregiver’s Williamsburg Conference;
June 6, 2009; Williamsburg Hospitality House Hotel and Conference Center, Williamsburg,
VA; for more information, contact Linda Nowsherwan at 703- 451- 8881, or visit the
conference website
Prepare for the Unexpected: Emergency Preparedness/ Evacuation for People with
Disabilities; 2- 3: 30pm Eastern, June 16, 2009; Audio Conference; one of the most
important roles of local government is to protect their citizenry from harm, including helping
people prepare for and respond to emergencies, and making local government emergency
preparedness and response programs accessible to people with disabilities is a critical part
of this responsibility; making these programs accessible is also required by the ADA; join
this session to learn more about what has been occurring across the country in this area
and best practices for implementation; online registration at ADA Audio Conference website
( select “ ADA Audio Conference Series” link); for more information, e- mail or call
877- 232- 1990 ( V/ TTY)
Independence Expo - Long Island, NY; June 27- 28, 2009; Suffolk County Community
College, Brentwook NY; United Spinal Association- sponsored consumer expo for people with
disabilities and aging Americans highlighting services, products and resources that
ADA News No. 183 - 4- May 30, 2009
maximize independent living; for more information, phone 800- 404- 2898, e- mail or visit
the conference website
National Consortium for Physical Education and Recreation for Individuals with
Disabilities ( NCPERID) 2009 Summer Conference; July 17- 18, 2009; AAHPERD
Headquarters, Reston VA; for more information visit the NCPERID website or contact Cindy
Piletic at 309/ 298- 1058
Connecting The Dots: Business Solutions: U. S. Business Leadership Network
( USBLN) 2009 Annual Conference & Career Fair; September 15- 18, 2009; Gaylord
National Resort & Convention Center, Landover, MD; preeminent national event for
business, community leaders and BLN affiliates that have an interest in hiring, retaining and
marketing to people with disabilities; for additional information or questions about the 2009
Annual Conference, contact the USBLN
Change: Pioneering New Pathways: Brain Injury Association of Ohio’s 28th Annual
Conference; October 1- 2, 2009; DoubleTree Hotel ( Worthington), Columbus, OH; for more
information contact Larry Buhrow at 1- 866- 644- 6242, or visit the conference website
Washington DC Green Festival; October 10- 11, 2009; Washington Convention Center ,
Washington DC; Global Exchange and Green America welcomes you to the Green Festival,
celebrating what’s working in our communities— across the District, Maryland and
Virginia— for people, for business and for the environment; more than 125 speakers and
350 green businesses; how- to workshops, green films, a Fair Trade pavilion, yoga classes,
organic beer, organic cuisine, kids zone and live music; admission is free to $ 15; for more
information, e- mail or visit the festival website
AROUND THE WORLD - Italy Adopts a New Law That Improves Access to Vote ( from
DisabilityVotesCount ) A new law supported by representatives of all parties elected in the Italian
Parliament was unanimously approved by the Italian Parliament last 14 May. Despite a resolution
that had been presented by the Constitutional Affairs Committee of the lower chamber calling for
an emergency decree from the Government, the legislation will not enter into force in time for the
European Parliament elections [ June 2009]. The previous law enabled only persons with
disabilities in conditions of vital and continuous dependency to electro- medical appliances to vote,
therefore excluding all other persons with high support needs. According to new law all person
that cannot move independently from their own home for any reasons, are admitted to vote in
their own homes. This can be done by submitting a request in due time to the local administration
with a medical certificate. This law would contribute to ensuring the right to vote for all.
EEOC SUES NEW HANOVER REGIONAL MEDICAL CENTER FOR DISABILITY
DISCRIMINATION ( EEOC Press Release, 5/ 22/ 09) - The New Hanover ( NC) Regional Medical
Center has violated federal disability discrimination law by its drug policies, the U. S. Equal
Employment Opportunity Commission ( EEOC) charged in a lawsuit it filed today. The EEOC
charged that the center unlawfully prohibited applicants and employees from working there if they
were taking a legally prescribed narcotic medication. According to the EEOC’s complaint, Elizabeth
Saunders, Mary Eubanks, Allison Burge, and similarly situated applicants and employees were
denied hire or placed on unpaid leave by the center because they were taking prescribed narcotic
ADA News No. 183 - 5- May 30, 2009
medications. The EEOC said that such action was taken because New Hanover perceived persons
taking narcotic medications as being disabled. Such alleged conduct violates the Americans With
Disabilities Act, which protects employees and applicants from discrimination based on perceived
disabilities. The EEOC filed suit in U. S. District Court for the Eastern District of North Carolina
( Equal Employment Opportunity Commission v. New Hanover Regional Medical Center; Civil Action
No. 7: 09- cv- 00085) after first attempting to reach a voluntary settlement. The EEOC seeks back
pay and compensatory and punitive damages as well as injunctive relief. “ In this case, the
employer used a blanket policy to exclude employees from work just because they were taking
certain legally prescribed narcotic medications,” said Lynette A. Barnes, regional attorney for the
EEOC’s Charlotte District, which includes the EEOC’s Raleigh Area Office, where the charge was
filed. “ The ADA requires that employers make an individualized assessment of an applicant’s or
employee’s ability to perform his or her specific job.” New Hanover Regional Medical Center
operates a hospital in Wilmington, N. C., as well as various other health care facilities in New
Hanover County, N. C., and employs approximately 4,700 people.
DELPHI CORPORATION AGREES TO SETTLE EEOC LAWSUIT OVER PROHIBITED MEDICAL
INQUIRIES ( EEOC Press Release, 5/ 20/ 09) - Delphi Corporation, one of the world’s largest
suppliers of automotive parts, will pay $ 80,000 and agree to injunctive relief to settle a disability
discrimination lawsuit brought by the U. S. Equal Employment Opportunity Commission, the
agency announced today. The EEOC had charged that the company violated federal law by
subjecting employees to unlawful inquiries into their medical conditions and retaliating against
those who objected to the inquiries. In its lawsuit, the EEOC said that Delphi violated the
Americans With Disabilities Act because it required workers returning from sick leave to sign
releases permitting company representatives to access their medical information. In the case of
an employee at Delphi’s Rochester- based facility, the EEOC said, his protest of Delphi’s policy
resulted in his immediate dismissal. The consent decree resolving the case, submitted for approval
to U. S. District Judge Michael A. Telesca, provides $ 80,000 to the dismissed employee and
injunctive relief, including changes in Delphi’s sick leave policy, training, and monitoring. The
lawsuit was filed in U. S. District Court for the Western District of New York on September 28, 2007
( Civil Action No. 07 CV 6430), after the agency investigated, found that discrimination had
occurred, and first attempted to reach a voluntary settlement. “ The EEOC hopes this settlement
encourages employers to review their sick leave policies to ensure that they do not violate the
ADA’s prohibitions on medical inquiries and examinations,” said Spencer Lewis, director of the
EEOC’s New York District Office. “ These provisions are intended to protect all employees from
discrimination based on disability or perceived disability.” Margaret A. Malloy, the EEOC trial
attorney assigned to the case, added, “ The EEOC will continue to seek full relief from employers
whose policies violate the ADA.” According to company information, Troy, Mich.- based Delphi has
approximately 133,000 employees and operates 138 wholly owned manufacturing sites in 34
countries with sales of $ 18.1 billion in 2008.
RESOURCES - Some disability/ employment- related resource material recently added to the
catalogue. Publications from the Equal Employment Opportunity Commission ( EEOC) can be
ordered at http:// www. eeoc. gov/ publications. html, or by calling 1- 800- 514- 0301( V) or 1- 800-
514- 0383( TTY).
ADA News No. 183 - 6- May 30, 2009
The April edition of the National Council on Disability Monthly Bulletin is now available
online. The Bulletin, which is free of charge and available at NCD’s award- winning Web site,
brings you the latest issues and news affecting people with disabilities.
The May 2009 edition of the NCPAD News, the newsletter of the National Center on
Physical Activity and Disability ( NCPAD) includes articles about sports, athletics and people
with disabilities. The monthly newsletter is available by free subscription, and on the web
at http:// www. ncpad. org/ newsletter .
The latest JAN E- News ( Volume 7, Issue 2, Second Quarter, 2009) is now available.
E- News topics include Limitations to Establish Disability vs. Limitations to Be
Accommodated; Clearing the Fog: It Takes Time; Accommodating Tourette Syndrome;
Making the JAN YouTube Accessible; and Workstation Ergonomic Assessment: A Tool for
Prevention and Remediation of Repetitive Strain Injury.
The latest edition of the bi- monthly newsletter of the ADA& IT Information Center for the
Mid- Atlantic Region, is now available online with disability- related resources, news, and
many other items of interest.
The latest edition of In Focus, the newsletter of the U. S. Department of Labor, includes
up- to- the- minute news about the Department and the Secretary of Labor.
The March 2009 issue of Tapping Technology, a quarterly newsletter from the Maryland
Department of Disabilities is currently available on the MD TAP website.
Health & Disability Digest is a quarterly, online publication highlighting the latest news
from the Association of University Centers on Disability ( AUCD) and the National Center on
Birth Defects and Developmental Disabilities ( NCBDDD). It includes updates on RTOI
projects and fellowships, information and resources on public health and disabilities
services, and events for individuals with disabilities, family members, professionals and
other stakeholders. The May 2009 edition is now online.
UCPeople is a weekly newsletter written by and for UCP affiliates.
Issue No. 30 of Disability Rights online News, a periodic update about activities in the
area of disability rights of the U. S. Department of Justice, Civil Rights Division, is now
available online. This issue includes reports on an accessibility settlement with Chatham
University in Pittsburgh, and with the District of Columbia.
The National Employment Law Institute issues periodic OFCCP/ Affirmative Action
Newsletters intended to provide periodic updates of developments at the Office of Federal
Contract Compliance Programs ( OFCCP) regarding Affirmative Action compliance so that
contractors can be aware of these issues. The February 2009 edition of the newsletter
is now available. ( This link opens a PDF document.)
The March 2009 issue of In the Community, the monthly newsletter of the Maryland
Department of Disabilities, is currently available.
ADA News No. 183 - 7- May 30, 2009
News and Notes is the monthly newsletter of The Family Center on Technology and
Disability. The newsletter is devoted to a different topic each month. The March 2009
edition is titled Teaching Tech- Hungry Parents: an SLP’s Take on Technology; the April
2009 edition is titled Computer- Based Assessments & Accommodations.
AUCDigest is a monthly newsletter that highlights the news, initiatives, and events
occurring throughout the American University Centers on Disability ( AUCD) Network and
the disability community. It also includes news from the AUCD National Office, including a
regular message from the president of AUCD, funding opportunities, and employment
opportunities. The latest edition is available online.
Download the latest edition of UCP’s weekly Capitol Insider to read about what is new in
disability public policy in Washington, DC.
Legislative News InBrief is a weekly publication of the Association of University Centers
on Disabilities, available online HERE.
Pacific ADA Center ( Pacific DBTAC) newsletter - The Pacific Update provides up to
date information pertaining to the Americans with Disabilities Act. Pacific regional news and
related issues affecting the disability community are also featured.
DisabilityNation is an audio magazine by and for people with disabilities. It highlights
people working, participating in sports and recreation, and other activities, including
married couples, singles, children and adults, politicians, and couch potatoes who happen
to be people with disabilities.
Disability Law Lowdown 29 - Research Projects Part 1 - Jana Copeland talks about
a number of research projects in which you can participate. Running time is 21: 37. Listen
to show HERE or read the show notes and transcript .
ADA- Compliant Employer Preparedness for the H1N1 Flu Virus - This information
may be found on the EEOC website. This short technical assistance document answers basic
questions about workplace preparation strategies for the 2009 H1N1 flu virus ( swine flu)
that are compliant with the ADA. Also see www. pandemicflu. gov for more emergency
information.
Accessible Air Travel Guide for People With Disabilities - United Spinal Association
has released an updated version of the Accessible Air Travel – A Guide for People With
Disabilities with expanded regulations for the ACAA. This helpful booklet informs individuals
with disabilities of their rights as passengers on commercial airlines and how to adequately
prepare to ensure their air travel experience is enjoyable. It also provides valuable insight
on a multitude of air carrier procedures, such as information about requirements for foreign
airlines, what to expect in terms of equipment liability, how to file a complaint, and airport
screening requirements.
ADA News No. 183 - 8- May 30, 2009
More on the ACAA - The Air Carrier Access Act regulations have been updated to
incorporate new requirements. They became enforceable on May 13, 2009. To help you
understand your rights under the updated ACAA, the National Network of ADA Centers has
released “ An Overview of the ACAA.”
Annotated Bibliography of Reasonable Accommodation Literature - An annotated
bibliography of theoretical and empirical research on reasonable accommodations in the
workplace from 1992 to the present.
Spring 2009 edition of PEPNet Perspectives, the twice yearly publication of the
Postsecondary Education Programs Network. Articles in this issue include ADA Amendments
Act: What does it mean to people who are deaf or hard of hearing?; Conference Describes
LFD Population's Challenges; The National Consortium on Deaf- Blindness; and more.
Audio Conference Series Focused on local/ state government issues - The
DBTAC- Great Lakes ADA Center is pleased to announce a two- part Audio Conference Series
focused on issues for local and State government during May and June. The first program
is scheduled for Tuesday, May 19, 2009 and will feature issues associated with the
design/ construction of Accessible Public Rights Of Way. The 2nd program is scheduled for
Tuesday, June 16, 2009 and will focus on Emergency Preparedness/ Evacuation for People
with Disabilities. This program can be accessed via telephone, streaming audio on the
internet and streaming real- time captioning on the internet.
April 2009 Disability Employment Statistics - The US Department of Labor has
announced that the April 2009 Disability Employment Statistics are now available on their
website. In April 2009, the percent of people with disabilities in the labor force was 22.8
compared with 70.9 for persons with no disability. The unemployment rate for those with
disabilities was 12.9 percent, compared with 8.4 percent for persons with no disability, not
seasonally adjusted. You can read more about the statistics on their website.
Pennsylvania Occupational Outlook Handbook - Contains descriptions of what workers
do on the job, working conditions, the training and education needed, earnings, and
expected job prospects in a wide range of occupations.
Workforce 2012 Demographics - Looks at the changes Pennsylvania is expected to face
in the future regarding the demographic composition of its population and labor force.
WIRELESS RERC: SURVEY OF USER NEEDS - The Survey of User Needs is a survey about
wireless products like cell phones and text messengers. The purpose of the survey is to learn
about how people with disabilities use these products, and why some people with disabilities don’t
use these products. This information helps make wireless products easier to use for people of all
ages and abilities. The survey is conducted by the Rehabilitation Engineering Research Center
( RERC) for Wireless Technologies. The site also offers consumer resources related to wireless
technologies, such as Your Guide to Choosing a Cell Phone.
EXPELLED STUDENT'S ADA CLAIM AGAINST LAW SCHOOL CAN PROCEED ( by Sheri
Qualters, Law. com, 5- 5- 09) - A Massachusetts federal judge recently ruled that Americans with
ADA News No. 183 - 9- May 30, 2009
Disabilities Act and related claims against New England Law| Boston can move forward in a lawsuit
against the school for expelling a student with learning disabilities who failed two courses. On
April 29, District Judge Nathaniel M. Gorton of the U. S. Court for the District of Massachusetts
denied the law school's motion to dismiss three claims: an ADA claim; a claim based on the
federal Rehabilitation Act barring discrimination in programs receiving federal money; and a
Massachusetts Equal Rights Act claim. Gorton's order also dismissed three other claims, including
breach of contract; violations of the Massachusetts Constitution's Declaration of Rights; and
violations of the Massachusetts Consumer Protection Act. Brodsky v. New England School of Law,
No. 1: 09- cv- 10007 ( D. Mass.). According to court papers, the plaintiff, Seva Brodsky, was expelled
after failing two courses in the spring of 2005, and later learned from medical testing that his
" memory and organizational deficits" likely stemmed from an accident in the early 1980s. The
plaintiff claimed he presented medical evidence to the school at a readmission hearing in
November 2005 and was told that academic success in a relevant program would boost his
chances for readmission. The plaintiff claimed he was again denied readmission to New England
Law| Boston following a second hearing in 2006 despite successfully completing six courses at the
University of Haifa School of Law's Global Law Program in Israel. Gorton's opinion noted that
" Congress recently amended the ADA, in response to what it perceived to be an inappropriately
narrow definition of ' substantially limited' being applied in the federal courts." " Although Brodsky
has at least alleged a disability that substantially limits his ability to learn, the Court notes that
he faces a substantial obstacle in proving the same," Gorton wrote. " In particular, it is less than
clear how Brodsky's poor ' executive functioning' and memory abilities impacted his performance
in two law school classes but not others. Nevertheless, Brodsky is not required to make such a
showing at the pleading stage and his failure to allege other manifestations of his disability does
not automatically foreclose his ADA claim." Brodsky's lawyer, Waltham, Mass., solo practitioner
James M. Baron, said in a statement that he and his client are " excited about the opportunity to
move this case forward, so that Mr. Brodky will be able to resume his legal studies." New England
Law| Boston's attorney Louis A. Rodriques, a Boston lawyer who co- chairs Bingham McCutchen's
labor and employment practice group, did not respond to requests for comment. New England
Law| Boston did not immediately respond to a request for comment.
PITTSBURGH HOSPITAL SETTLES DISABILITY LAWSUIT ( Media- Newswire. com) - A
Pittsburgh hospital has agreed to pay $ 100,000 and furnish other equitable relief to settle a
disability discrimination lawsuit brought by the U. S. Equal Employment Opportunity Commission
( EEOC), the agency announced today. The EEOC had charged the hospital with firing an employee
because she had cancer. According to the EEOC’s lawsuit against LifeCare Hospitals of Pittsburgh,
Inc., former business manager Diana Altieri- Hand, of Murrysville, Pa., needed a reasonable
accommodation for her disability after she had surgery for cancer and underwent chemotherapy.
Altieri- Hand was a longstanding employee of LifeCare Hospitals of Pittsburgh or its predecessor
and had a good performance record. LifeCare Hospitals of Pittsburgh, a free- standing hospital
facility managed or operated by LifeCare Management Services, LLC, initially provided a
reasonable accommodation to Altieri- Hand. Read more HERE. You will find the press release from
the EEOC HERE.
PENNSYLVANIA HOUSING AUTHORITY WILL CREATE ACCESSIBLE HOUSING AND
ELIMINATE DISCRIMINATORY POLICIES ( from DOJ) - On February 6, 2009, the Reading,
Pennsylvania, Housing Authority ( RHA) entered into a settlement agreement with the Department
resolving an investigation under Section 504 of the Rehabilitation Act of 1973, Title VI of the Civil
ADA News No. 183 - 10- May 30, 2009
Rights Act of 1964, and the Fair Housing Act. Under the agreement, RHA will set aside a portion
of its annual capital funding to create, through new construction or renovation, at least five ( 5)
two- bedroom accessible housing units and will make the kitchens in one of its developments
accessible when requested by a tenant. RHA also will maintain a list of landlords who participate
in the Section 8 housing program indicating whether they have accessible units and will provide
that information to all prospective tenants who have received a housing voucher. In addition, RHA
agreed to adopt and implement a new assistance animal policy allowing people with disabilities
to keep assistance animals ( including emotional support animals). It also agreed to refund the
$ 50 it holds as a pet deposit from one of the complainants. The Department’s investigation
resulted from referrals from the Department of Housing and Urban Development ( HUD)
challenging the physical accessibility of dwelling units and common areas of RHA��s housing stock,
RHA’s reasonable accommodation policies and practices, RHA’s record- keeping practices and
policies with respect to tenants with limited English proficiency, and RHA’s imposition of a
refundable pet deposit on a tenant who used an emotional support animal. The settlement
resolves all of these matters.
WALMART TO IMPROVE ACCESS FOR PEOPLE WITH DISABILITIES NATIONWIDE ( from
DOJ) - On January 16, 2009, Wal- Mart Stores, Inc., entered into a settlement agreement with the
Department to improve access for people with disabilities at Walmart stores nationwide, including
Supercenters, Sam’s Clubs, and Neighborhood Markets. The agreement resolves an investigation
that was initiated after the Department received complaints alleging a variety of issues including
refusing to admit, or excessively questioning, customers who use service animals. Under the
settlement agreement, Walmart will: adopt and implement a new policy on service animals;
provide training on the new policy for all Walmart associates who have contact with the public;
provide additional training on the policy for store management and greeters; post the new policy
on its website and in employee areas at its stores; provide training for managers and greeters on
their obligations under the ADA to maintain accessible features and to make reasonable
modifications in policies, practices, and procedures when needed to accommodate customers with
disabilities; and establish a grievance procedure under which Walmart will receive ADA complaints
through a toll- free hotline, investigate the complaints, and take appropriate corrective action to
resolve ADA violations. In addition, Walmart will pay $ 150,000 into a fund to compensate people
with disabilities whose complaints were resolved by the settlement agreement. Walmart also
agreed to pay an additional $ 100,000 into a fund that will be used to finance a public service
campaign to increase public awareness of the rights of people with disabilities who use service
animals.
AIR CARRIER ACCESS ACT AMENDED: BRINGS MORE ACCESSIBILITY TO TRAVELERS
WITH DISABILITIES ( by Candy B. Harrington, disaboom. com) - For more than 20 years, the
Air Carrier Access Act ( ACAA) has offered travelers with disabilities protection from discrimination.
That protection was further strengthened this month, when the Department of Transportation
amended this major piece of U. S. access legislation. Changes include updated regulations that
address new technology, the clarification of foreign air carrier responsibilities, and the addition
of new regulations for passengers who use portable oxygen concentrators. The resulting document
is easier to read and eliminates ambiguities. This article highlights changes that could affect
passengers with mobility disabilities. These changes go into effect in May 2009. Read more HERE.
ADA News No. 183 - 11- May 30, 2009
COMING UP NEXT MONTH - Upcoming June observances include National Aphasia Awareness
Month, Fireworks Safety Month, Hernia Awareness Month, Home Safety Month, Myasthenia Gravis
Awareness Month, National Safety Month, National Scleroderma Awareness Month, Vision
Research Month, National Great Outdoors Month, Men’s Health Month, and Cancer in the Sun
Month; June 1- 7 is Sun Safety Week, 6- 14 is Dystonia Awareness Week, 7- 13 is National
Headache Awareness Week and National Men’s Health Week, 21- 27 is Helen Keller Deaf- Blind
Awareness Week, June 28- July 4 is Special Recreation Week, June 27- July 5 is Eye Safety
Awareness Week and June 30- July 4 is National Sobriety Checkpoint Week; June 1st is Stand For
Children Day, 3rd is National Hunger Awareness Day, 5th is World Environment Day, the 6th is
National Trails Day, the 7th is National Cancer Survivor’s Day, the 11th is Career Nurse Assistants
Day, the 21st is National ASK Day and the 27th is National HIV Testing Da. y
