The Center for Disability Access, the civil rights division of the Potter Handy, LLP law firm, has argued—or will argue—a half dozen cases before the Ninth Circuit in the year 2020. Needless to say, it is a momentous year with a number of potential game-changing decisions within the world of disability civil rights. One decision with significant ramifications was… Continue Reading..
They Should Be Held Accountable Transportation is essential for people of all ages and backgrounds to live a fulﬁlling and satisfying life. It plays a vital role in many aspects of daily life, including access to employment, education, health care, and social/recreational activities. Put simply, transportation is a requirement for full participation in a community. Despite the obvious importance, people… Continue Reading..
Because many of our clients enjoy the benefit of having a service dog, we get wide-ranging questions about what it takes to qualify as a service dog and what rights are afforded to people with disabilities who use service dogs. Let’s clarify some of the misconceptions about service dogs. A qualified service dog is any dog: “individually trained” to “do… Continue Reading..
It is well known that employers are prohibited from discriminating against individuals with disabilities. The federal ADA and California Fair Housing and Employment Act (FEHA) forbid employment discrimination against an individual based on his/her physical disability, mental disability, or medical condition. The FEHA recognizes a person as “disabled” if they have a physical or mental disability that limits one or… Continue Reading..
Under both the Americans with Disabilities Act (“ADA”) and the California Fair Employment and Housing Act (“FEHA”), employers are legally obligated to provide a reasonable accommodation to qualified individuals with disabilities. Before there can be any determination as to what a “reasonable accommodation” entails, there is something referred to as the “interactive process,” which must be engaged in for employers… Continue Reading..
A recent lawsuit against Starbucks demonstrates a very important point about disability civil rights: most of the time it is just common sense. Yes, there are technical requirements for physical access under the Americans with Disabilities Act. There is, in fact, an actual building code for accessible design. But the ADA’s building code is different than any other on… Continue Reading..
ARE YOU BEING TREATED DIFFERENTLY OR UNFAVORABLY IN THE WORKPLACE BECAUSE OF YOUR DISABILITY OR NEED FOR AN ACCOMMODATION? The Americans with Disabilities Act (ADA) is a powerful federal law that protects the rights of persons with disabilities. When it comes to your employment, California offers even more protections under the Fair Housing and Employment Act (FEHA). California is… Continue Reading..
When we hear the word “discrimination,” we often think of intentional mistreatment of persons because of some personal characteristic. The classic line, “your kind ain’t welcome here,” mumbled over a dirty toothpick springs to mind as the archetype of discriminatory lingo. And while this type of discriminatory behavior is loathsome enough, there are other types of discrimination we should be… Continue Reading..
Laundry day can be a drag for anyone, but it’s especially frustrating when you haul your clothes all the way to the laundromat only to find none of the machines are accessible to individuals in wheelchairs. Under the Americans with Disabilities Act (ADA), all public laundry facilities, including ones in hotels built after 2010, must have at least one accessible… Continue Reading..
The City of San Diego was ordered to pay over $100,000 in penalties and fees last week after a federal court found it had both violated two San Diego residents’ civil rights and shown itself unwilling to make the changes necessary to bring the Torrey Pines Gliderport into compliance with federal law. Long-time San Diego county residents Scott Schutza and… Continue Reading..