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ADA

Feb 24, 2020

Queens man suing Rochester-area plazas for access

Four local malls and plazas were named this month in lawsuits seeking greater access for people with disabilities by a New York City-area man who has been filing such suits for more than a decade. Christopher E. Brown, whose address is not listed in the suits but was identified in one against a New Jersey […]

Sep 29, 2016

Self-imposed ADA audits are developers’ best option

  A recent lawsuit, Chicago Housing Authority v. Destefano & Partners, resulted in a ruling that says project owners and developers may not allocate liability for Americans with Disabilities Act claims to architects, contractors or other project participants. Though the ruling defies contract law and common sense, several courts across the country have similarly refused […]

May 26, 2015

Commentary: Well, well, well: some new guidance

On April 20, the Equal Employment Opportunity Commission issued a notice of proposed rulemaking addressing how the Americans with Disabilities Act applies to employer wellness programs that are part of a group health plan. Wellness programs, which are otherwise regulated under employee benefits laws including HIPAA, the ACA, GINA and (sometimes) ERISA have long remained […]

Feb 14, 2013

ADA could require state to bend existing law

Federal disability discrimination law may require a state agency to deviate from state law in order to accommodate a mentally ill individual’s claim for benefits, the U.S. Court of Appeals for the Second Circuit ruled in reversing a dismissal, Mary Jo C. v. New York State and Local Retirement System, no. 11-2215 (Jan. 29). The […]

Aug 31, 2012

Employee may avoid rotating shifts under ADA

An employee with fibromyalgia and sleep apnea could maintain a disability discrimination claim based on his employer’s refusal to allow him to work only a straight day shift, the 7th Circuit has ruled in reversing a summary judgment. The plaintiff worked as a tractor operator on the day shift at a manufacturing facility owned by […]

Jan 3, 2012

Report: DOJ should enforce ADA laws for bar exam

A recent report from the Government Accountability Office found individuals with disabilities often face significant test-taking barriers, despite Americans with Disabilities Act accommodation requirements. The report called for the Department of Justice to do a better job of enforcing laws that allow special accommodations to take standardized tests, such as the bar exam. Titled “Higher [&helli[...]

Dec 23, 2011

ADA suit is time-barred

A federal disability discrimination lawsuit was untimely, even though the plaintiff filed her complaint within 90 days of when her attorney received a right-to-sue letter from the Equal Employment Opportunity Commission, the U.S. Court of Appeals for the Second Circuit has ruled in affirming a dismissal, Tiberio v. Allergy Asthma Immunology of Rochester, no, 11-2576-cv […]

Nov 9, 2011

Feds say law firm barred client’s service dog

WHITE PLAINS — Prosecutors say a New York law firm refused to allow a disabled client into its offices with her service dog. The U.S. attorney says the Newburgh firm of Larkin, Axelrod, Ingrassia and Tetenbaum violated the Americans with Disabilities Act. He says lawyers should know better. In a lawsuit filed in White Plains […]

Sep 13, 2011

Man sues White Castle saying booths too small

COLUMBUS, Ohio — A New York man is suing White Castle claiming the booths in one of its hamburger restaurants are too small. Martin Kessman says in the federal lawsuit filed last week that he was embarrassed in 2009 ...

Jul 27, 2011

ADA reaches milestone with mixed results

The Americans with Disabilities Act turned 21 this week with various levels of success and failure. Diane Coleman, director of advocacy for Rochester’s Center for Disability Rights Inc., was in Washington in July 1990 helping to support passage of the law ...

May 23, 2011

ADA: Thompsen v. Stantec Inc.

U.S. District Court, WDNY ADA Significant Disability Thompsen v. Stantec Inc. 09-CV-6404L Judge Larimer Background: The plaintiff sued his former employer alleging that he was discriminated against on the basis of his disability, the employer failed to make reasonable accommodations and the employer retaliated against him. The plaintiff’s alleges that his bowel cancer, which necessitated [&helli[...]

May 23, 2011

ADA: Thompsen v. Stantec Inc.

U.S. District Court, WDNY ADA Significant Disability Thompsen v. Stantec Inc. 09-CV-6404L Judge Larimer Background: The plaintiff sued his former employer alleging that he was discriminated against on the basis of his disability, the employer failed to make reasonable accommodations and the employer retaliated against him. The plaintiff’s alleges that his bowel cancer, which necessitated [&helli[...]

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