D.N.E.C.

ADA

Olmstead act did it end segregation of people with disabilities (Examiner.com)
10 years after the creation of the Olmstead Act Alabama does not appear to be committed to ending the segregation of people with disabilities.

Bank Wants Thumbprint From Man with no Hands (First Coast News)
While most banks require a thumbprint to cash a check from someone who doesn't have an account, a Tampa man says that policy was impossible to comply with. Steve Valdez says he was shocked when he was told he had to put his thumbprint on a check written on his wife's Bank of America check. Valdez says the check was written to him with the same address he has on his driver's license. Although he had two forms of identification both with pictures, the bank still required Valdez to give a thumbprint before it would cash the check. But that was impossible, because Valdez was born without arms and wears prosthetic devices.

Lehigh Acres woman claims fire district violated disabilities act (The News-Press)
A Lehigh Acres woman says she plans to file a complaint Friday claiming the fire district is violating the Americans With Disabilities Act by holding a public meeting at a local high school. Linda Carter, who uses a motorized wheelchair, said East Lee County High School is not accessible to people with disabilities because it is not located near public transportation, which she relies on.

Blind Tourist Denied Dream (KITV.com)
A blind tourist seeking adventure at Sea Life Park said she instead found disappointment and a dashed dream. Karla Rivas, 42, of Phoenix, Ariz., is a spunky woman who has never allowed blindness get in the way. Her Hawaiian vacation has been filled with adventure, from parasailing to scuba diving. But she had one dream left to fulfill.

Settlement Agreement with W New York Hotel - The Tuscany (US Department of Justice)

ADA Employment

UPS Sued for Disability Discrimination (EEOC)
In a major class lawsuit filed here in federal court, the U.S. Equal Employment Opportunity Commission (EEOC) charged that Atlanta-based United Parcel Service, Inc. (UPS), the world’s largest package delivery company, violated federal law by rejecting an extension of medical leave as a reasonable accommodation for its employees with disabilities.

Target Stores Sued for Disability Discrimination (Kansas City infoZine)
The U.S. Equal Employment Opportunity Commission (EEOC) filed a discrimination lawsuit against national retailer Target Stores, Inc. for unlawfully denying a reasonable accommodation to an employee with multiple disability-based impairments and substantially reducing his work hours due to the medical conditions. The disabled worker could not effectively communicate with others without the assistance of a job coach because of his cerebral palsy and limited intellectual functioning.

Miss. Sonic franchisee ordered to pay $22K in discrimination suit (QSR Web)
A Sonic franchisee in Lucedale, Miss., has been ordered to pay $22,000 as well as adopt and implement anti-discrimination policies, training and procedures to settle a disability discrimination lawsuit filed by the Equal Employment Opportunity Commission, according to a story on WKRG. Ted Riley Corp., which owns the Sonic franchise in Lucedale, fired Alecia Lawrence after learning she is epileptic, telling her it was no longer safe for her to work around knives, ovens and other equipment due to her medical condition.

Ohio Court Rules Against Woman Fired for Pumping Breast Milk (Ms. Magazine)
The Ohio Supreme Court ruled 7 to 2 yesterday against LaNisa Allen, who filed a discrimination complaint after being fired from her job at Totes/Isotoner because she took unauthorized breaks to pump breast milk. Her suit alleged that the company violated the Pregnancy Discrimination Act and the Americans with Disabilities Act.

Pinnacle Airlines Sued by EEOC for Disability Discrimination (Trading Markets)
A Memphis, Tenn., airline operating out of Detroit Metropolitan Wayne County Airport violated federal law by firing a flight operations clerk on the basis of her disability, left knee arthritis, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed today.

Pine City company required workers to report prescription meds, EEOC says (Minneapolis Star Tribune)
The federal government has accused a Pine City manufacturer of violating civil rights law by requiring employees to report their use of legal prescription drugs. In a lawsuit filed late Monday in U.S. District Court in St. Paul, the U.S. Equal Employment Opportunity Commission (EEOC) alleged that Product Fabricators Inc. fired longtime employee Dennis Anderson, of Pine City, because he was taking a low dosage of prescribed Vicodin for his back pain. The EEOC said the company incorrectly perceived that the narcotic made him unfit for work.

Alcoholic boss adds to office chaos (Boston Globe)
Q. I work in the financial industry, in a department recently hit with layoffs. My manager has been off for extended periods of time (2-4 months) four times over the past year and a half. These absences are not explained as sick time or vacation. We are not supposed to talk about it. Who we report to changes on a weekly basis during her absences, which gets confusing

Doctor sues BMC over dismissal (Bend Bulletin)
Dr. Tim Hanlon, a longtime Bend cardiologist, has filed a lawsuit in federal court alleging Bend Memorial Clinic violated numerous laws in terminating his employment earlier this year. The complaint, filed in U.S. District Court in Eugene two weeks ago, says the clinic violated the Americans With Disabilities Act and the Age Discrimination in Employment Act by firing the 60-year-old doctor.

FMLA

9 FMLA rules you must comply with (Business Management Daily)
For the past 15 years, complying with the FMLA has been complex, but at least the law (once you figured it out) stayed the same. But in January 2009, that all changed when the first major overhaul of the FMLA took effect. “The new rules drastically change the way much of the FMLA works,” said Matthew Effland, an employment law attorney with Ogletree Deakins in Indianapolis. “Some changes favor employers by offering greater flexibility in administering leave. But it’s imperative that HR professionals move quickly to update their policies so they don’t inadvertently violate the law.”

Back to What's New	ADA News
	ADA Olmstead act did it end segregation of people with disabilities (Examiner.com) 10 years after the creation of the Olmstead Act Alabama does not appear to be committed to ending the segregation of people with disabilities. Bank Wants Thumbprint From Man with no Hands (First Coast News) While most banks require a thumbprint to cash a check from someone who doesn't have an account, a Tampa man says that policy was impossible to comply with. Steve Valdez says he was shocked when he was told he had to put his thumbprint on a check written on his wife's Bank of America check. Valdez says the check was written to him with the same address he has on his driver's license. Although he had two forms of identification both with pictures, the bank still required Valdez to give a thumbprint before it would cash the check. But that was impossible, because Valdez was born without arms and wears prosthetic devices. Lehigh Acres woman claims fire district violated disabilities act (The News-Press) A Lehigh Acres woman says she plans to file a complaint Friday claiming the fire district is violating the Americans With Disabilities Act by holding a public meeting at a local high school. Linda Carter, who uses a motorized wheelchair, said East Lee County High School is not accessible to people with disabilities because it is not located near public transportation, which she relies on. Blind Tourist Denied Dream (KITV.com) A blind tourist seeking adventure at Sea Life Park said she instead found disappointment and a dashed dream. Karla Rivas, 42, of Phoenix, Ariz., is a spunky woman who has never allowed blindness get in the way. Her Hawaiian vacation has been filled with adventure, from parasailing to scuba diving. But she had one dream left to fulfill. Settlement Agreement with W New York Hotel - The Tuscany (US Department of Justice) ADA Employment UPS Sued for Disability Discrimination (EEOC) In a major class lawsuit filed here in federal court, the U.S. Equal Employment Opportunity Commission (EEOC) charged that Atlanta-based United Parcel Service, Inc. (UPS), the world’s largest package delivery company, violated federal law by rejecting an extension of medical leave as a reasonable accommodation for its employees with disabilities. Target Stores Sued for Disability Discrimination (Kansas City infoZine) The U.S. Equal Employment Opportunity Commission (EEOC) filed a discrimination lawsuit against national retailer Target Stores, Inc. for unlawfully denying a reasonable accommodation to an employee with multiple disability-based impairments and substantially reducing his work hours due to the medical conditions. The disabled worker could not effectively communicate with others without the assistance of a job coach because of his cerebral palsy and limited intellectual functioning. Miss. Sonic franchisee ordered to pay $22K in discrimination suit (QSR Web) A Sonic franchisee in Lucedale, Miss., has been ordered to pay $22,000 as well as adopt and implement anti-discrimination policies, training and procedures to settle a disability discrimination lawsuit filed by the Equal Employment Opportunity Commission, according to a story on WKRG. Ted Riley Corp., which owns the Sonic franchise in Lucedale, fired Alecia Lawrence after learning she is epileptic, telling her it was no longer safe for her to work around knives, ovens and other equipment due to her medical condition. Ohio Court Rules Against Woman Fired for Pumping Breast Milk (Ms. Magazine) The Ohio Supreme Court ruled 7 to 2 yesterday against LaNisa Allen, who filed a discrimination complaint after being fired from her job at Totes/Isotoner because she took unauthorized breaks to pump breast milk. Her suit alleged that the company violated the Pregnancy Discrimination Act and the Americans with Disabilities Act. Pinnacle Airlines Sued by EEOC for Disability Discrimination (Trading Markets) A Memphis, Tenn., airline operating out of Detroit Metropolitan Wayne County Airport violated federal law by firing a flight operations clerk on the basis of her disability, left knee arthritis, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed today. Pine City company required workers to report prescription meds, EEOC says (Minneapolis Star Tribune) The federal government has accused a Pine City manufacturer of violating civil rights law by requiring employees to report their use of legal prescription drugs. In a lawsuit filed late Monday in U.S. District Court in St. Paul, the U.S. Equal Employment Opportunity Commission (EEOC) alleged that Product Fabricators Inc. fired longtime employee Dennis Anderson, of Pine City, because he was taking a low dosage of prescribed Vicodin for his back pain. The EEOC said the company incorrectly perceived that the narcotic made him unfit for work. Alcoholic boss adds to office chaos (Boston Globe) Q. I work in the financial industry, in a department recently hit with layoffs. My manager has been off for extended periods of time (2-4 months) four times over the past year and a half. These absences are not explained as sick time or vacation. We are not supposed to talk about it. Who we report to changes on a weekly basis during her absences, which gets confusing Doctor sues BMC over dismissal (Bend Bulletin) Dr. Tim Hanlon, a longtime Bend cardiologist, has filed a lawsuit in federal court alleging Bend Memorial Clinic violated numerous laws in terminating his employment earlier this year. The complaint, filed in U.S. District Court in Eugene two weeks ago, says the clinic violated the Americans With Disabilities Act and the Age Discrimination in Employment Act by firing the 60-year-old doctor. FMLA 9 FMLA rules you must comply with (Business Management Daily) For the past 15 years, complying with the FMLA has been complex, but at least the law (once you figured it out) stayed the same. But in January 2009, that all changed when the first major overhaul of the FMLA took effect. “The new rules drastically change the way much of the FMLA works,” said Matthew Effland, an employment law attorney with Ogletree Deakins in Indianapolis. “Some changes favor employers by offering greater flexibility in administering leave. But it’s imperative that HR professionals move quickly to update their policies so they don’t inadvertently violate the law.”