Category: Disability Rights

Employers’ Undue Hardship Defense to Providing a Reasonable Accommodation in the Workplace

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[1] one or… Continue Reading..

When Does An Employer Have to Engage in the Interactive Process?

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..

Disability Civil Rights: It’s Just Common Sense

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..

Disability Discrimination in the Workplace

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..

Apathy and Neglect Should Not be Given a Pass

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 Facilities Must Be Accessible

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..

San Diego Gliderport

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..

U.S. Court of Appeals, Ninth Circuit has ruled on the Hand-Control Issue

This week, in a win for both disability rights and consumer rights, the U.S. Court of Appeals, Ninth Circuit, ruled that individuals who rely on hand controls to operate their cars and trucks have an equal right to test drive their vehicles before purchasing them. Here is the link if you would like to read the full decision: http://cdn.ca9.uscourts.gov/datastore/opinions/2017/07/10/15-55633.pdf  … Continue Reading..

Are There Any Accessible Miniature Golf Courses out There?

ADA Requires Miniature Golf Courses Meet Accessibility Standards. Although the ADA has always required miniature golf courses undertake modest renovations to improve access, the ADA was recently supplemented by express provisions for miniature golf course. Do you know of any accessible miniature golf courses?  Please let me know.  I don’t know of any.  Miniature golf courses should be a perfect… Continue Reading..

Are Your County’s Fairgrounds Accessible?

Does Your County Fair Meet ADA Accessibility Regulations? It is County Fair season again. Typically, this is a good time for all. Fun rides, decadent food, cute animals raised by local kids, special events, concerts and an eclectic variety of vendors. Unfortunately, County Fairs can be an accessibility nightmare for persons with disabilities. On one level, this is odd. Because… Continue Reading..