Tag: Americans with Disabilities Act

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..

Defer To Gov’t On Disabled Car Buyers Rights, 9th Circ. Told

UPDATE: Original post by Law360 Author:  By Kali Hays Law360, New York (December 11, 2015, 1:38 PM ET) — The Ninth Circuit was told Thursday it should defer to the government’s supportive stance on a paraplegic man’s claims that California car dealers refusing to install hand controls for test driving have violated the Americans With Disabilities Act. John Karczewski said… Continue Reading..

Disabled Man Dies After Motorized Scooter Slipped off an Unimproved Pathway!

Original Post by The News Tribune. Author: ADAM LYNN alynn@thenewstribune.com Nolan Sessions died horribly. About noon on Oct. 12, 2012, the disabled man’s motorized scooter slipped off an unimproved pathway and into a ditch along the 7600 block of Steilacoom Boulevard Southwest in Lakewood and landed atop him. Read more about this tragic story here: ### If you are a… Continue Reading..

Judge Orders Trial in Lawsuit Over ADA-Access at Children’s Pool

Original Post in La Jolla Light – October 22, 2015 – Article by Ashley Mackin Paraplegic swimmer Jack Robertson (pictured) says an ADA-compliant access ramp at Children’s Pool would help him — and others with special needs — reach the shore without assistance. Courtesy Courtesy After years of accessing La Jolla’s Children’s Pool beach by sliding down a steep ramp… 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..

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..

Hotel Online Reservation Systems & The ADA

It’s been almost 3 years since the Department of Justice’s revised Americans with Disabilities Act (“ADA”) regulations went into effect, requiring, among other things, that all hotel online reservation systems be ADA compliant. This, in turn, means that the online reservation experience for individuals with disabilities must now be equivalent to the online reservation experience for individuals who do not… Continue Reading..

Ground Breaking ADA Decision Out of 9th Circuit Ruling

Today the Ninth Circuit ruled that governmental entities must have handicap parking spaces among the other public on-street parking they provide. But this seemingly simple ruling has the potential to go much further in its application, promising to increase access to everything from civic buildings to community parks to downtown shopping areas for tens of thousands of persons with disabilities… Continue Reading..