Category: Disability Rights

Ex-Michaels Worker Seeks Class Cert. In Medical Leave Suit

By Kurt Orzeck Law360, Los Angeles (September 16, 2015, 5:21 PM ET) — A breast cancer survivor who claims Michaels Stores Inc. fired her after she applied for medical leave urged a California federal judge on Tuesday to certify a class of 230 disabled workers who she says are similarly situated. In a memorandum supporting her motion for class certification,… Continue Reading..

Lexus Dealer Can’t Dodge Disabled Driver’s ADA Suit

By Dani Meyer Law360, New York (September 16, 2015, 5:22 PM ET) — Relying on a recent U.S. Department of Justice brief to the Ninth Circuit, a California federal judge has refused to dismiss a disabled driver’s suit accusing a Lexus dealership operator of violating the Americans With Disabilities Act by failing to install hand controls so he could test-drive… Continue Reading..

Corner Bakery Cafe Counter Setup Violates ADA, Judge Says

(Original Article – Law360) By Jeff Zalesin Law360, New York (September 1, 2015, 3:26 PM ET) — The company behind the Corner Bakery Cafe franchise violated the Americans with Disabilities Act by installing the transaction counters in a restaurant too high for a wheelchair user to access, even though it also provided customers a lower surface, a California federal judge… Continue Reading..

LA Clippers Play Defense In Fan’s Accessible Seating Suit

Share us on:   By Jeff Zalesin Law360, New York (August 6, 2015, 4:02 PM ET) — The NBA’s Los Angeles Clippers and the company behind their stadium told a California federal judge Wednesday that they didn’t discriminate against a fan who accused them of thwarting his access to wheelchair-accessible seating. Mark Willits, who says he needs to use a wheelchair… Continue Reading..

The ADA Turns 25 – but the Struggle Continues

July 26, 2015 marks the 25th Anniversary of the Americans with Disabilities Act (ADA). The ADA and the ADA Amendments Act of 2008 (ADAAA) is the most comprehensive civil rights statute for people with disabilities, guaranteeing equal opportunity for individuals with disabilities in employment, public accommodations, transportation, State and local government services, and telecommunications. With the passage of the Americans… Continue Reading..

ADA AMENDMENTS ACT OF 2008

PL 110-325 (S 3406) September 25, 2008 An Act To restore the intent and protections of the Americans with Disabilities Act of 1990. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SEC. 1. SHORT TITLE [42 USCA § 12101 note] This Act may be cited as the “ADA Amendments… Continue Reading..

What Are the Disability Rights Laws

A Guide to Disability Rights Laws TABLE OF CONTENTS Americans with Disabilities Act Telecommunications Act Fair Housing Act Air Carrier Access Act Voting Accessibility for the Elderly and Handicapped Act National Voter Registration Act Civil Rights of Institutionalized Persons Act Individuals with Disabilities Education Act Rehabilitation Act Architectural Barriers Act General Sources of Disability Rights Information Statute Citations   This… Continue Reading..
Accessible Parking

The Supreme Court’s Civil Rights Roll Continues: Certiorari Denied In Lomita v. Fortyune

On June 29, 2015, the Supreme Court denied the City of Lomita’s petition for certiorari in the Potter Handy, LLP case, City of Lomita, California v. Robin Fortyune, No. 14-920, leaving undisturbed the 9th Circuit’s September 5, 2014 decision holding that Title II of the Americans with Disabilities Act (“ADA”) requires local governments to provide accessible on-street parking in the… Continue Reading..

Rental Car Companies and Auto Dealerships Must Provide Vehicles With Hand Controls

Federal Judge Finds That CarMax Has a Legal Obligation under the ADA to Provide Vehicle Hand Controls for Test Driving Vehicles The Americans with Disabilities Act became law in 1990. A broad and sweeping piece of civil rights legislation, it has improved the day-to-day lives of persons with disabilities in countless ways. One of the obligations that businesses have under… Continue Reading..