Posts Tagged ‘disabled rights’

ADA and disabled rights roundup

Disabled rights roundup

August 7 roundup

  • “We got nailed once because someone barehanded a bag of lettuce without a glove.” Kitchen-eye tales of NYC’s restaurant inspection regime [Saxon Baird, NY Eater]
  • Positive reviews for new HUD regs on housing discrimination, affordability, and supply [National Review: Roger Clegg; Salim Furth]
  • Sony isn’t making its robot companion dog available in Illinois because its facial recognition features fall under the state’s onerous Biometric Information Privacy Act; an earlier in-state casualty was Google’s “which museum portrait is your selfie like?” service [Megan Wollerton, CNet, earlier here and here] Is there any hope of slowing down the rush of class action suits filed under the law? [Chris Burt, Biometric Update]
  • Victory on a-peel: “3rd Circuit rules maker of banana costume is entitled to ‘fruits of its intellectual labor'” [ABA Journal, earlier here, etc.]
  • D.C. Circuit “Rips ‘Legal Artifice’ in Kasowitz Firm’s Megabillions Whistleblower Case” [Dan Packel, The American Lawyer; Cory Andrews, WLF]
  • Congress passes a law framed as pro-veteran, doesn’t take the time to spell out quite how it works, years later we meet the (presumably unintended) losers in the form of nonprofits that employ blind and deaf workers [Julie Havlak, Carolina Journal, quotes me]

Do loud restaurants violate the ADA rights of persons with hearing impairment?

“High-ambient noise levels pose an access barrier, just as curbs pose an access barrier for wheelchairs,” claims “a retired Los Angeles doctor [and] noise activist” quoted in the Washington Post, speaking of restaurants, though his principle might if valid apply to other sorts of entertainment venues and businesses as well. While some activists hope his view of the Americans with Disabilities Act will prevail, others doubt that courts will go along. [Debra Cassens Weiss, ABA Journal]

“Scooter Accidents Leading to Big Ticket Claims at Disney Parks”

Scooters at Disney parks “have brought on a rise of civil lawsuits filed by people complaining about being run over or drivers saying they were injured.” However, because of ADA considerations — they’re an assistive mobility device — the park cannot ban them, and even attempts at lesser restrictions, such as speed limits, would quickly run into legal constraints: “any rule would likely require the U.S. Department of Justice’s approval,” according to a disability rights attorney. [Gabrielle Russon, Insurance Journal]

June 5 roundup

  • Why New York City can’t build new infrastructure at reasonable cost (“Every factor you look at is flawed the way the MTA does business, from the first step to the end.”) [Josh Barro]
  • “‘He’s finally getting his due.’ Serial ADA filer faces charges as store owners rejoice” [Sam Stanton, Sacramento Bee on tax charges against Scott Johnson, whose doings are often chronicled in this space] Flashback: vintage Sacramento billiards parlor Jointed Cue closes after being named in one of Johnson’s 1,000+ accessibility suits [Kellen Browning, Sacramento Bee last year]
  • “Four-Year Court Battle Between Deaf Advocates and Harvard Over Closed Captioning of Videos Proceeds to Discovery With Some Limitations” [Kristina M. Launey & Minh N. Vu, Seyfarth Shaw; earlier on takedown of Berkeley online courses]
  • More on copyright battle between state of Georgia and Carl Malamud over whether he can publish online the laws of Georgia with annotations commissioned and approved by the state under agreement with private publishers [Adam Liptak, New York Times; earlier]
  • Reviewing the harms of rent control: a view from Seattle [Kevin Schofield, SCC Insight]
  • California Voting Rights Act (CVRA) “imposes liability on cities that elect their representatives through an at-large system and have racially polarized voting.” Generous attorneys’ fee provisions have encouraged assembly-line filing of complaints [Federalist Society forum with J. Michael Connolly; Mark Plummer, LAist; Carolyn Schuk, Silicon Valley Voice (Sunnyvale); Robert Haugh, Santa Clara News Online]

Discrimination law roundup

  • Internal Google pay study “found, to the surprise of just about everyone, that men were paid less money than women for doing similar work.” [Daisuke Wakabayashi, New York Times] “What the Data Say About Equal Pay Day” [Chelsea Follett, Cato; Hans Bader]
  • Otherwise routine on-the-job injuries can have dire consequences for those suffering hemophilia, and a manufacturing company learns its “insurance costs could spike” as a result if it employs three hemophiliac brothers. Don’t think you can turn them away for a reason like that, says EEOC [commission press release on ADA settlement with Signature Industrial Services, LLC involving $135,000 payment and “other significant relief”]
  • Multnomah County (Portland), Oregon to pay $100,000 settlement to black worker who says she was retaliated against after complaining about “Blue Lives Matter” flag [Aimee Green, Oregonian; Blair Stenvick, Portland Mercury]
  • “The social justice madness of college campuses is now seeping into HR departments of large employers. The result is the rise of the woke corporation, and it might affect the way you work” [Toby Young, Spectator (U.K.)]
  • “The FDNY’s diversity monitor has cost the city $23 million in 7 years” [Susan Edelman, New York Post]
  • Before taking an exam required of federal employees in Canada, best to study up on intersectionality theory [Josh DeHaas on Twitter, GBA+, Tristin Hopper/National Post]

February 6 roundup

  • Local crackdowns on home-sharing can do a lot of harm [Christina Sandefur, Federalist Society teleforum] Sandefur on laws banning working from home [Regulation mag, Cato Daily Podcast]
  • “Apparently the ad [about a 9-year-old daughter willing to do household chores for neighbors] generated multiple phone calls from paranoid neighbors thinking I was using my child as a slave,” and next thing the sheriff called [Lenore Skenazy; Woodinville, Wash.]
  • Seventh Circuit rules against “disparate impact” age discrimination claims for job applicants, and a Forbes columnist writes as if it had decided to abolish disparate treatment claims for them as well [my Twitter thread on botched coverage of Kleber v. CareFusion Corp.]
  • “The Law Merchant and Private Justice. A Conversation with Professor Barry Weingast” [Kleros]
  • “Disabilities Rights Group Files Lawsuit Against San Diego, Scooter Companies” [Rachel Kaufman, Next City]
  • Ideology vs. kid placements: “Some 440,000 kids are in foster care in the U.S.; if we shut down [theologically conservative] faith-based foster agencies, those children will have a much harder time finding homes.” [Naomi Schaefer Riley, City Journal, earlier here, here, etc.]

Canada: nurse who stole opioids wins reinstatement, damages

Over a period of two years at a nursing home in Waterloo, Ontario, a nurse identified in legal papers as DS “[stole] opioids for her own use and [falsified] medical records in order to conceal the thefts.” Now “a labor arbitrator has ordered the Regional Municipality of Waterloo to give DS her job back, and to compensate her financially for her unfair dismissal, including general damages for ‘injury to dignity, feelings and self-respect.’ The care home had a duty to accommodate the nurse’s unquestioned diagnosis of severe opioid use disorder and mild to moderate sedative-hypnotic use disorder, ruled arbitrator Larry Steinberg. This disease had left her with ‘a complete inability or a diminished capacity’ to resist the urge to feed her addiction.” [National Post]