Assistive Listening Systems: Where We Are Today and What's On The Horizon
Voting Rights for People with Disabilities
The U.S. Department of Justice (DOJ) has issued updated guidance on the voting rights of people with disabilities. This resource covers accessible voter registration, polling places, nondiscrimination in policies and procedures, the right to assistance in the voting process, accessible voting systems and more.
Guidance on Workplace Harassment
The Equal Employment Opportunity Commission (EEOC) has released new workplace guidance to prevent harassment. This guidance builds on previous work and addresses more recent legal developments and current issues like virtual work environments. The document addresses workplace harassment related to several protected classes including workplace harassment based on disability.
Accommodating Nurses with Disabilities
National Nurses Week starts on May 6th and runs through the 12th. Nurses and other healthcare workers are not only responsible for providing equal access to patients with disabilities but they can also have their own disabilities under the ADA. This guide from the Job Accommodation Network (JAN) shares information on disclosing a disability, employee medical exams, and nursing accommodations.
The Asian Americans with Disabilities Resource Guide
The Asian Americans with Disabilities Initiative (AADI) has created a resource guide to combat ableism in the Asian American community through first-person testimonials, comprehensive peer-reviewed research, and briefs from AADI events. Request an electronic copy of the guide by submitting your email on their website.
Answer: Reasonable modifications under Title III of the ADA are changes in policies, practices or procedures that allow a person with a disability to have equal access to the goods, services, facilities, privileges, advantages, or accommodations (lodging, etc.) provided by a place of public accommodation.
Here are some examples:
Not every request for modification will be reasonable. For example, a place of public accommodation does not have to provide a modification that would be an undue financial or administrative burden. They also do not need to provide something that would be a fundamental alteration of their goods, services, etc. However, they still have a duty to consider other modifications that would not be an undue burden or fundamental alteration.
In addition, Title III places of public accommodation are not required to provide the person's requested or "preferred" modification if they can provide an alternative that would be both reasonable and effective.
Resource(s):
Learn more by visiting our ADA Frequently Asked Questions.
EEOC v. Olive Garden/GMRI Inc.
GMRI, Inc. doing business as Olive Garden has agreed to a consent decree with EEOC to settle a lawsuit alleging the general manager asked various illegal questions during an interview with an applicant who had a disability. The questions were about the applicant's use of a cane to walk, what was "wrong with" the applicant, and how "bad" his disability was.
This nationwide staffing agency was charged by EEOC in a lawsuit for discriminating against multiple protected classes, including candidates with disabilities. The lawsuit alleged that BaronHR screened out individuals with disabilities and perceived disabilities by only hiring and referring physically fit candidates with no history of injury.
EEOC v. Eagle Marine Services Electrical and Refrigeration, LLC
According to the EEOC lawsuit, this marine services company withdrew a job offer after a company-ordered medical examination revealed the candidate had attention deficit hyperactivity disorder (ADHD) and took prescribed medication, Adderall, for treatment.
EEOC v. Gregg Orr Auto Collection, Inc.
A group of car dealerships has agreed to settle an age and disability discrimination EEOC lawsuit after the company allegedly fired a 65-year-old sales executive to avoid paying for medical costs. The EEOC contended their decision came shortly after the worker received billing statements for a costly surgery to treat a serious form of cancer.
EEOC v. New York Beer Project, LLC
A restaurant, brewery and beer hall business has been charged with illegally firing one bartender who had cancer and another who had a nocturnal seizure even though both had been cleared to work. The ADA prohibits employers from discriminating against employees based on actual or perceived disabilities.
EEOC v. Downtown Grand Hotel & Casino
The EEOC has settled a case with a Las Vegas hotel and casino that alleged various incidents of retaliation and disability discrimination, including failing to provide reasonable accommodations to employees with disabilities and terminating an employee with colon cancer because he wore an ostomy bag.
EEOC v. Covenant Woods Retirement Community
Covenant Woods Senior Living, LLC and BrightSpace Senior Living, LLC have agreed to settle a complaint involving the Covenant Woods retirement community and a receptionist who was terminated after a brief hospitalization. Although the receptionist expressed her desire to continue working, she was told that Covenant Woods had lost confidence in her ability to work, citing her recent hospitalization.
DOJ v. West Memphis School District (WMSD)
A lawsuit was filed in the U.S. District Court for the Eastern District of Arkansas against West Memphis School District (WMSD) for denying an employee’s request for a reasonable accommodation of temporary telework. This is a violation of Title I of the ADA which requires state and local government employers to provide reasonable accommodations to employees with disabilities.
DOJ v. West Memphis School District (WMSD)
A lawsuit was filed in the U.S. District Court for the Eastern District of Arkansas against West Memphis School District (WMSD) for denying an employee’s request for a reasonable accommodation of temporary telework. This is a violation of Title I of the ADA which requires state and local government employers to provide reasonable accommodations to employees with disabilities.
DOJ reached a settlement agreement with the City of Virginia Beach to ensure that individuals with disabilities have equal access to city buildings and other civic programs. Under this substantial agreement, Virginia Beach will remove accessibility barriers to buildings such as police stations, libraries, technology centers, etc. The agreement also requires Virginia Beach to ensure that assembly areas, such as the Giant Screen Theater at the Aquarium, provide the required wheelchair and companion seating. Additional requirements were also included for effective communication, access to emergency shelters, accessible websites, and more.
DOJ v. Texas Education Agency (TEA)
DOJ settled with TEA, a state agency responsible for certifying teachers across the state of Texas, to resolve allegations that an individual with dyslexia and dysgraphia was denied oral administration as an alternative testing arrangement for a standardized exam. Under the settlement agreement, the TEA agrees that it will allow a qualified reader or text-to-speech technology as an alternative testing arrangement, when needed, for testing candidates. Additionally, the TEA will provide the requested modifications to the complainant when they take their standardized examination.
The University of Montana has agreed to settle and resolve allegations that a complainant was unable to use an accessible seating area in Adams Center's Dahlberg Arena during a graduation ceremony in June 2019. The settlement agreement will result in more wheelchair spaces and improve wheelchair seating for events at the arena, such as athletic events, concerts, graduation ceremonies, and various other activities.
DOJ entered into a settlement agreement with Bennigan’s restaurant of Mandan, North Dakota to resolve allegations that they violated the ADA by refusing to allow a veteran with a disability who uses a service animal to enter the restaurant. Under the settlement agreement, Bennigan’s agreed to adopt a service animal non-discrimination policy for its restaurant, provide relevant training to its employees regarding the ADA, post signage indicating service animals are welcome, and pay $1,000 in damages to the complainant.
DOJ v. Express Inn and Suites, LLC
DOJ reached a settlement agreement with the owners of the Express Inn in Gastonia, N.C. to resolve allegations that the inn violated the ADA by refusing to provide a room to a visually impaired individual based on speculation about the individual’s capabilities. The agreement requires the owners of the Express Inn to provide access and accommodations to customers with disabilities under the ADA.
The Department of Justice has issued a statement of interested in Isaac A. et al. v. Carlson. This lawsuit was filed on behalf of Medicaid-eligible children in Georgia with behavioral health disabilities who need intensive community-based services to avoid institutional placements. After Georgia officials filed a motion to dismiss the suit, this statement offered clarification to the court on the integration mandate of the ADA and Section 504 as well as the Early and Periodic Screening, Diagnosis and Treatment (EPSDT) provisions of Medicaid.
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