Posts Tagged ‘disabled rights’

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]

“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]