Posts Tagged ‘disabled rights’

ADA: “Needle-Phobic Pharmacist Loses $1.8 Million on Appeal”

“Reversing and remanding a $1.8 million jury verdict, the Second Circuit found Tuesday that Rite Aid was justified in firing a needle-phobic pharmacist who refused to administer immunizations.” [Courthouse News] The man’s trypanophobia — fear of needles — gave him a discrimination claim under the Americans with Disabilities Act, but the Second Circuit ruled the evidence “compels a finding that immunization injections were an essential job requirement.” [Dan Schwartz]

“NJ public works employee with phobia of public places gets $400K in lawsuit”

“A borough public works employee who claimed a hostile work environment while struggling with an anxiety disorder has settled his lawsuit against the borough [of Tenafly]. Aaron Perelli will receive $400,000 and will be on paid leave until his retirement date of June 30, according to the settlement agreement reached Jan. 24. In his lawsuit, Perelli said he suffered from agoraphobia, which he said did not allow him to drive long distances to unfamiliar towns or to drive by himself.” Perelli said the borough accommodated him at first, but then the relationship went downhill. [Adam Hochron, WKXW]

The ADA takes Berkeley courses offline

Andrew Ferguson on the ADA-inflicted loss of one university’s public treasury of online course materials: “UC Berkeley, needless to say, is deeply involved in the disability rights movement and has gone to great lengths to keep it satisfied.” None of which did it any good facing off against activist groups and the U.S. Justice Department, so now thousands of free lectures and other materials are set to come down. And some historical perspective: “After the ADA the country was much less free but its rulers were much more pleased with themselves.” [Andrew Ferguson, Weekly Standard] More: Hans Bader/CEI, earlier.

Workplace roundup

  • Bad idea keeps spreading: “Philadelphia to Prohibit Asking Job Applicants About Their Prior Wage History” [Ford Harrison] Bill introduced in Maryland legislature [Danielle Gaines, Frederick News-Post on HB 398]
  • “New York (State and City) Imposes New Rules for Freelancers, State Contracts” [Daniel Schwartz]
  • On the minimum wage, lame reporting and motivated reasoning make war on Econ 101 [David Boaz and Ryan Bourne, Cato]
  • In final Obama days, EEOC finalizes rules toughening affirmative action requirements for federal agency employers regarding workers with disabilities [Joe Seiner, Workplace Prof]
  • Study: Indictments of union officials correlate with close election outcomes [Mitch Downey via Tyler Cowen]
  • “Ohio again tries to restore sanity to its bonkers employment discrimination law” [Jon Hyman]

“‘Hamilton’ Sued Over Show’s Lack of Services for Blind Patrons”

A Denver resident has sued the theater, producer, and general manager of the hit show “Hamilton,” saying it violates the Americans with Disabilities Act for them not to offer audio description services annotating the action of the play for blind audience members. Under new federal rules movie theater chains will need to offer such services by next year; a few Broadway shows do so, including “The Lion King” and “The Book of Mormon,” but their practice is still an exception. [Sara Randazzo, WSJ]

Disabled rights roundup

  • Wall Street Journal covers surge in web accessibility suits [Sara Randazzo, WSJ] State and local governments comment on federal proposals for public sector web accessibility;
  • “Americans with Disabilities Act (ADA) Title III lawsuits are up 63 percent over 2015, according to law firm Seyfarth Shaw.” [Insurance Journal]
  • “Drive-by” ADA suits in Austin, Tex.: “Lawyer sanctioned $175,000 for phony email, offensive comments” [Ryan Autullo, Austin American-Statesman] Arizona mass-filing attorney responds to professional conduct complaint [East Valley Tribune, earlier]
  • “Airlines seek to limit types of therapy animals allowed on planes” [L.A. Times]
  • “Fired for being (twice) intoxicated on the job, a mechanic for the D.C.-area transit authority undergoes treatment, applies for his job back. But his bosses refuse, allegedly because of his alcoholism. An ADA violation? Indeed, says the D.C. Circuit.” [Alexander v. WMATA as summarized on John Ross, Short Circuits]
  • Department of Justice unveils ADA regulation requiring movie theaters to offer captioning and audio description [Federal Register]

Ohio court: repeated accidents adequate reason to dismiss truck driver

Despite Fred Hartman’s claims of age discrimination, disability discrimination, and retaliation, a state appellate court found that the Ohio Department of Transportation was within its rights to dismiss him. After a series of three preventable truck accidents within a three-week period, the department had put him on a “last-chance agreement,” which was followed several months later by another accident. Hartman “had submitted a doctor’s note requesting accommodation for hearing loss in one of his ears.” [Jon Hyman]