Posts Tagged ‘disabled rights’

“Rolling Stones fan accuses the band of discriminating against disabled people”

“A Rolling Stones fan has filed a complaint against the band for discriminating against disabled people,” arguing in a complaint to the New York City Department of Human Rights that although wheelchair-accessible seats are made available at various parts of MetLife stadium at different price points, the less expensive ones sold out right away, which left him with a choice only of pricey areas. And this part hurts: plaintiff Michael Boyajian, “a retired administrative law judge, argued that the Rolling Stones should be more mindful of the discrepancy, given all the band members are in their 70s.” [Rozina Sabur and Daniel Bates, Telegraph (U.K.)]

Employment discrimination law roundup

  • Employee with (per Costco) history of “serious misconduct and insubordination” wins $750K after being fired for speaking at too loud a volume, the result she said of deafness-related difficulty in modulating her voice [Jon Hyman]
  • “Now What? Disciplining an Employee with a Suspected Addiction or Substance Abuse Issue” [Dale Deitchler and Jeffrey Dilger, Littler]
  • ADA: “6th Circuit says full-time work is not an essential function of every full-time job” [Jon Hyman] “So, you want to change the essential functions of a particular job, do you? Let’s talk ADA.” [Eric B. Meyer]
  • “Our group member has a fragrance sensitivity – and we’re supposed to be hugged to check for any scents” [Alison Green, Ask a Manager via Hyman]
  • “Is the sexual harassment “groundswell” starting?” [Robin Shea, Constangy; state agency volume] “Bracing For The Deluge Of EEOC Lawsuits” [Gerald Maatman, Seyfarth Shaw; EEOC filings rise]
  • “Why Doesn’t Diversity Training Work?” [Frank Dobbin and Alexandra Kalev, Anthropology Now; related, Amy Alkon (counterproductive “privilege checking”)]
  • Arbitrator orders Oregon town of West Linn to pay $100,000+ to cop fired after incendiary, racially charged Facebook posts [Everton Bailey Jr., Oregonian]

October 3 roundup

  • “Rejected Applicant Sues Law Schools for Violating Magna Carta” [Kevin Underhill, Lowering the Bar]
  • “Attorney sued for malpractice is suspended after releasing client’s psychiatric records” [Stephanie Francis Ward, ABA Journal]
  • Moving state and local alcohol regulation past the bootlegger/Baptist era [Cato Daily Podcast with Jeremy Horpedahl]
  • In Charlottesville today? I’ll be on a University of Virginia School of Law panel discussing redistricting / gerrymandering reform, campaign and election law, Maryland politics and more [Ele(Q)t Project]
  • Rejecting ADA claim, Georgia Supreme Court says man cannot blame sleep apnea for “alleged inability to be truthful, accurate, and forthcoming” in bar application [Legal Profession Blog]
  • Update: after national outcry, county D.A. in North Carolina drops charges of unlicensed veterinary practice against Good Samaritan who took in pets during Hurricane Florence [Wilson Times]

Employers may need to accommodate claims of “digital addiction”

“If forms of ‘digital addiction’ qualify as a diagnosed psychiatric disorder, then employees who suffer from it may be protected by the ADA.” Employers might then be obliged under federal law to enter the so-called interactive process to negotiate possible courses of action and accommodations with the affected employee, rather than lay down hard-and-fast rules for what sorts of conduct will result in termination. [Jon Hyman, Ohio Employer Law Blog]

“County compels 91-year-old woman to tear down home wheelchair ramp”

Following the law wherever it leads in Maryland: “Prince George’s County filed a legal case against a Laurel couple in their 90s over a wheelchair ramp in their own home. To avoid legal trouble, the elderly couple’s son tore down the ramp, trapping the woman in her own home. The county permitting department said the family had no permit to build a wheelchair ramp in front of their own home.” [WJLA]

“Guardians from Hell”

More, this time from Michigan, on how guardianship in the wrong hands can turn into a “completely legal, utterly grotesque system for undermining the rights of the elderly,” cutting out kids and legitimate heirs. Last fall the New Yorker ran a chilling investigative piece by Rachel Aviv exposing guardianship abuses in Nevada. [Gretchen Rachel Hammond, Tablet; coverage last October of the Rachel Aziz piece]

May 23 roundup

March 21 roundup

  • Popehat’s Patrick tells the story of how, representing a bank, he resisted a serial litigant rather than pay her off [Twitter thread]
  • News of suits motivated by attorneys’ fees may be slow to reach Harvard [“Bill of Health”, dismissing “idea of opportunistic lawsuits to enforce the ADA” as “somewhat farfetched” since federal law does not grant damages]
  • Tim Sandefur on the Indian Child Welfare Act [Cato Regulation magazine, earlier]
  • $3.5 million gift from leading trial lawyer Elizabeth Cabraser launches new Berkeley Center for Consumer Law and Economic Justice [Berkeley Law School]
  • “The South African government will soon discover the extremely complex technical headache of expropriating land without compensation.” [Johann Kirsten and Wandile Sihlobo, Quartz]
  • Speak not of trolls: “Lawyer who filed 500-plus copyright cases in federal court calls $10K sanction ‘judicial error'” [ABA Journal]

Des Moines Register on disabled “dog lawyer”

A disabled attorney known for filing dozens of suits against animal control authorities, and for frequent courtroom clashes with judges as well as a wide range of other adversaries, is the subject of a Des Moines Register profile. “In recent weeks, McCleary launched a multi-pronged effort to block the publication of this article.” He has sought accommodations for courtroom conduct under the Americans with Disabilities Act. Despite the run-ins, his “license to practice law is spotless, with no record of any public disciplinary action taken by the Iowa Supreme Court.” [Clark Kauffman, Des Moines Register; Insurance Journal (public records request indicates insurers for city of Des Moines paid him $2.1 million following claim of head injuries from falling garbage can)]