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..
Original Post in La Jolla Light – October 22, 2015 – Article by Ashley Mackin After years of accessing La Jolla’s Children’s Pool beach by sliding down a steep ramp — or being carried by friends or helpers — paraplegic swimmer Jack Robertson sued the City of San Diego in June 2013 with the hopes of getting an ADA-compliant access… Continue Reading..
(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..
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..
The Americans with Disabilities Act (“ADA”) requires that public and private entities effectively communicate with individuals who are deaf and hard of hearing. Title II of the ADA applies to public entities (state and local government). Title III of the ADA applies to private entities/businesses (“public accommodations”). The effective communication obligation extends to “companions” who are individuals with disabilities. Companion… Continue Reading..