Disabilities – Page 16 – Legal News Feed

JDSupra

California’s AB 1757 Digital Accessibility Legislation on Hold: Implications for Businesses and Legal Professionals

Pieter Gunst3 years ago02 mins

Concerning recent developments in digital accessibility legislation, California’s Assembly Bill (AB) 1757 that aimed to set a standard for website accessibility for businesses within the state now appears to be on hold. Initially projected to create a wave of lawsuits targeting noncompliant businesses, the bill has been downgraded somewhat in urgency with discussions now resheduled…

Law360

Accessibility Challenges in Public Legal Spaces: The Fight for Inclusive Infrastructure

Pieter Gunst3 years ago02 mins

Legal professionals with disabilities, along with a disability rights advocate in Michigan, recently appealed to a federal judge to sustain their assertions that numerous government buildings, including local courthouses, are not accessible. According to their claims, these individuals face significant difficulties in performing their job functions and accessing public services due to architectural impediments. A…

JDSupra

EEOC Proposes Regulations to Strengthen Pregnant Workers Fairness Act

Pieter Gunst3 years ago03 mins

The Equal Employment Opportunity Commission (EEOC) is proposing new regulations to execute the Pregnant Workers Fairness Act (PWFA), aiming to bridge the current legal gaps and bolster protections for pregnant employees, according to a recent report from JD Supra. The PWFA comes as an effort to supplement the existing protections offered by The Pregnancy Discrimination…

JDSupra

Walmart Faces EEOC Lawsuit Over Alleged Failure to Accommodate Deaf Employees

Pieter Gunst3 years ago02 mins

Two former overnight stockers at one of the world’s largest multinational retailers, Walmart, were allegedly forced to resign after being denied reasonable accommodations necessary for their disabilities, sparking a lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC). According to the official complaint from the EEOC, Walmart violated federal law by failing to provide…

Above the Law

Navigating the Challenges of Service Animal Fraud Enforcement in Texas

Pieter Gunst3 years ago04 mins

Service animals fulfill a broad array of roles, from alerting and protecting those prone to seizures, calming down someone with PTSD, to ensuring that their handlers take their medication on time. These critical tasks make service animals far more than just pets. However, ensuring that an animal is indeed a service and not just a…

JDSupra

DOJ and OCR Joint Letter Emphasizes Increased Scrutiny on Online Accessibility in Higher Education

Pieter Gunst3 years ago03 mins

In a decisive move, the U.S. Department of Justice, Civil Rights Division (DOJ) and the U.S. Department of Education, Office of Civil Rights (OCR) have issued a joint letter to institutions of higher education, signaling increased scrutiny in the realm of online accessibility. Notably, the collective action occurs in tandem with recent enforcement endeavors against…

Above the Law

HHS Proposes New Rule to Strengthen Protections Against Disability Discrimination in Healthcare

Pieter Gunst3 years ago03 mins

The US Department of Health and Human Services (HHS) has issued a proposal to improve almost 50 years old regulations safeguarding people with disabilities from discrimination in healthcare services. The roughly 400 pages long proposed rule, put forth on Thursday, intends to modernize the provisions under Section 504 of the Rehabilitation Act initially issued in…

JDSupra

Navigating the Opioid Epidemic’s Impact on the Workplace and Employment

Pieter Gunst3 years ago03 mins

In the midst of the persistent opioid epidemic, several issues have surfaced that have potential implications for the corporate landscape, particularly in relation to employment. As problems persist, businesses and firms are analyzing these issues while seeking effective solutions for this complex and pressing matter. In the first of its multiple Alerts, titled “A Continuing…

Law.com

Illinois Court Denies State Department Sovereign Immunity in Mental Health Confidentiality Case

Pieter Gunst3 years ago02 mins

The First Judicial District of the Appellate Court of Illinois has issued a ruling that the state’s Department of Financial and Professional Regulation (DFPR) is not immune from paying attorney fees and costs under the Mental Health and Development Disabilities Confidentiality Act, contrary to the Department’s assertions of sovereign immunity in such matters. The DFPR…

JDSupra

Special Needs Planning: A Strategic Approach with Trusts and ABLE Accounts

Pieter Gunst3 years ago03 mins

Estate planning poses several challenges for individuals and families, not least for those living with special needs, or those who have loved ones with special needs. The daunting task involves high stakes, tough decisions, and often a complex interplay of family dynamics. However, the process gets particularly intricate when it involves planning for special needs….

JDSupra

Analyzing the Pregnant Workers Fairness Act: Will It Sufficiently Protect Employee Rights?

Pieter Gunst3 years ago03 mins

On August 11, 2023, the Equal Employment Opportunity Commission (EEOC) issued a Notice of Proposed Rulemaking (NPRM) for enabling rules to the Pregnant Workers Fairness Act (PWFA). Congress passed the PWFA to address gaps left in case law under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and…

JDSupra

Expanding Special Education Eligibility: Pennsylvania Raises Age Limit to 22 under IDEA

Pieter Gunst3 years ago03 mins

In a move that is poised to extend special education eligibility, the Pennsylvania Department of Education (PDE) has issued a directive for local educational entities (LEAs). This initiative, effective for the 2023-24 academic year, signifies that LEAs are now required to provide a free and appropriate public education (FAPE) under the Individuals with Disabilities Education…

JDSupra

Sinclair Broadcast Group Settles for $85,000 in Disability Discrimination Lawsuit

Pieter Gunst3 years ago02 mins

TV broadcasting giant, Sinclair Broadcast Group, has agreed to pay a settlement sum of $85,000 resulting from a lawsuit accusing it of disability discrimination. This lawsuit was brought against them by the U.S. Equal Employment Opportunity Commission (EEOC), which unveiled the settlement terms recently. The EEOC initially lodged the charge, accusing Sinclair Broadcast Group of…

Bloomberg Law

AI Hiring Tool Disclosure Requirement: Employers Face Legal Concerns Amid Audit Mandate

Pieter Gunst3 years ago04 mins

The requirement for companies to disclose their recruitment and hiring technology tools, including those using artificial intelligence, is the latest change from a government contractor watchdog. However, this new requirement is causing concern amongst employer-side lawyers over the extent of the request. The Office of Federal Contract Compliance Programs’ updated supply and service scheduling setter…

JDSupra

Navigating Complexities: Balancing ADA Compliance with Workplace Safety and Conduct Policies

Pieter Gunst3 years ago03 mins

The Americans with Disabilities Act (ADA) has long been a guide for many employers in accommodating the needs of their employees with disabilities. However, some legal grey areas continue to present dilemmas and challenging situations, especially associated with disciplinary actions against employees with diagnosis of mental health conditions such as post-traumatic stress disorder (PTSD). According…

Bloomberg Law

Federal Appeals Courts Debate ADA and Employer Commute Accommodations for Disabilities

Pieter Gunst3 years ago02 mins

Lawyers, corporate leaders, and human resource professionals should take note of a brewing legal dispute concerning employer responsibility around employee commute accommodations for disabilities. The divide within federal appeals courts on this issue may manage to resolve without the need for intervention by the US Supreme Court. The US Court of Appeals for the Seventh…

JDSupra

EEOC Issues Proposed Rule on Pregnant Workers Fairness Act: Balancing Employee Rights and Employer Responsibilities

Pieter Gunst3 years ago03 mins

The United States Equal Employment Opportunity Commission (EEOC) issued a proposed rule on August 11, 2023, related to the Pregnant Workers Fairness Act (PWFA). The PWFA mandate affects all qualified employers and necessitates that they offer reasonable accommodations to eligible employees or candidates. The Act specifically targets individuals who have any known limitations associated with…

JDSupra

Decline in Title III ADA Lawsuits Continues: Analyzing Trends and Implications for Disability Rights

Pieter Gunst3 years ago03 mins

Recent data reveals an ongoing decline in the filing of lawsuits under Title III of the Americans with Disabilities Act (ADA). This trend, which began in 2022, appears to continue throughout 2023. Despite the downturn, New York consistently stands out as the most frequent locus for such filings, according to a mid-year review by global…

Jurist

China Considers Preschool Education Law to Enhance Accessibility and Reduce Disparities

Pieter Gunst3 years ago04 mins

Legislators of the People’s Republic of China have initiated deliberations on a preschool education law. This proposed legislation underscores a firm commitment to providing accessible preschool education for all children in China. The draft law was tabled for discussion during the current session of the Standing Committee of the National People’s Congress. The need for…

JDSupra

ADA Compliance: Unpaid Leave Ruled Appropriate Accommodation in Recent Court Case

Pieter Gunst3 years ago02 mins

In a recent court case, the unpaid leave was ruled to be an appropriate accommodation under the Americans with Disabilities Act (ADA), even though it wasn’t what the employee originally requested. The case in question involves United Parcel Service (UPS) and one of its delivery drivers. The driver, suffering from a health condition, proposed a…

JDSupra

Streamlining Transfers for Students with Disabilities: Texas Authorities Provide Clarity on IDEA Regulations

Pieter Gunst3 years ago03 mins

Managing the educational needs of students who transfer within a district can be a complex issue as it often concerns the execution of the regulations put forth by the Individuals with Disabilities Education Act (IDEA). According to a recent article on JD Supra, the IDEA outlines specific rules for these transfer students during the academic…

JDSupra

ADA Ruling on Commute Accommodations Spurs Employer Responsibility Debate

Pieter Gunst3 years ago03 mins

Legal professionals around the globe marked the final week of August with another round of significant developments in the realm of corporate law, with particular attention drawn to a notable court decision that could have wide-reaching implications for employers. This came to pass as per the Office of Federal Contract Compliance Programs’ (OFCCP) week in…

JDSupra

Navigating the ADA’s Evolving Interpretations: Minor Medical Conditions and Workplace Accommodations

Pieter Gunst3 years ago03 mins

In 2008, Congress amended the Americans with Disabilities Act (ADA) to expand the definition of protected medical conditions under the statute. This move was in part a reaction to several controversial decisions wherein federal courts ruled that plaintiffs with serious medical conditions such as cancer did not fall under the ADA’s protection of disabled individuals….

JDSupra

Navigating Workplace Pregnancy Protections: A Guide to Compliance with FMLA, ADA, and PDA Laws

Pieter Gunst3 years ago04 mins

From the moment an employee shares the thrilling news of their pregnancy, a myriad of legal considerations loom for employers. Yes, it’s time for celebration, but for corporate legal teams, it’s also a reminder of the vast array of pregnancy-related legal protections that need strict adherence. To breeze through this transition and ensure compliance, here’s…

Law.com

Kotagal Sworn In: EEOC Dem Majority Set, Lawyers Anticipate Enforcement Surge

Pieter Gunst3 years ago01 mins

President Joe Biden’s nominee, Kalpana Kotagal, was sworn into the U.S. Equal Employment Opportunity Commission on Wednesday. Kotagal’s background in civil rights litigation, including experience with Title VII, the Equal Pay Act, the Americans with Disabilities Act, and the Family and Medical Leave Act, is considered central to the agency’s draft enforcement plan that was…