U.S. Access Board Issues Technical Bulletins on Lavatories and Sinks, Washing Machines and Clothes Dryers, and Saunas and Steam Rooms
The U.S. Access Board has released technical bulletins on accessibility to lavatories and sinks, washing machines and clothes dryers, and saunas and steam rooms. This material addresses specifications for clear floor space, knee and toe space, forward and side reach, operable parts, height, turning space, benches, and doors in the ADA and ABA Accessibility Standards. Each bulletin clarifies common sources of confusion, answers frequently asked questions, and offers recommendations for best practice.
U.S. Access Board Commends Smithsonian National Museum of Natural History for New Accessible Routes
On December 15, 2021, the Smithsonian National Museum of Natural History held a ribbon-cutting ceremony to celebrate the installation of new sloped walkways for accessible entry on the National Mall side of the 111-year-old building. On behalf of the U.S. Access Board, Training Coordinator Bill Botten attended the ceremony and recognized the importance of providing compliant and accessible routes and entrances, stating “the Access Board commends the museum for this accessible design and ongoing commitment to removing barriers.
U.S. Access Board Resolves 38 Architectural Barriers Act Cases Through Corrective Action in FY 2021
The U.S. Access Board investigated 38 cases under the Architectural Barriers Act (ABA) of 1968 that were resolved through corrective action in FY 2021. The ABA requires access to buildings or facilities that were designed, built, or altered with federal dollars or leased by federal agencies. The Board enforces the ABA through investigating complaints from the public.
EEOC Adds New Section Clarifying When COVID-19 May Be a Disability, Updating Technical Assistance
The U.S. Equal Employment Opportunity Commission (EEOC) updated its COVID-19 technical assistance adding a new section to clarify under what circumstances COVID-19 may be considered a disability under the Americans with Disabilities Act (ADA) and the Rehabilitation Act.
EEOC Sues Ranew’s Management Company for Disability Discrimination
Ranew’s Management Company, Inc., terminated an employee because of his disability, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it recently filed. According to the EEOC’s suit, a Ranew’s Company employee informed his employer of his diagnosis of severe depression and requested to take three weeks off work, per his doctor’s recommendation. Ranew’s Company CEO told the employee to take as much time as he needed to get well. However, six weeks later, when the employee tried to return to work, presenting a release to return to work from his doctor, the CEO said he couldn’t trust the employee to perform his job duties and terminated his employment effective immediately.
VHS West Suburban Medical Center to Pay $150,000 to Settle EEOC Disability Discrimination Lawsuit
The former owner of West Suburban Medical Center, an Oak Park, Illinois hospital will pay $150,000 to settle a disability discrimination lawsuit brought by the Equal Employment Opportunity Commission (EEOC), the federal agency announced. According to the EEOC’s lawsuit, West Suburban Medical Center violated federal civil rights laws by failing to provide a radiology technician the reasonable accommodation of a temporary, part-time schedule in January 2016, keeping her on unpaid leave instead. The suit also alleged that even after she no longer
Willis-Knighton Medical Center to Pay $450,000 to Settle EEOC Disability Discrimination Lawsuit
Willis-Knighton Medical Center, a health services provider, has agreed to pay $450,000 to settle a disability discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced. According to the EEOC’s lawsuit, Willis-Knighton Medical Center required employees who exceeded a fixed leave-and-light-duty cap to be fully fit for duty (that is, have no restrictions), regardless of whether those employees could perform the essential functions of their jobs with or without reasonable accommodations.
Employer Solutions Group to Pay $95,000 to Settle EEOC Disability Discrimination and Retaliation Suit
Employer Solutions Group, LLC (ESG), a payroll services company operating in Eden Prairie, Minnesota, has agreed to pay $95,000 to resolve a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced. The EEOC’s lawsuit charged that ESG fired an employee because she notified the company that she needed to use crutches following a surgery related to a knee injury. When the employee attempted to return to work following an approved medical leave, ESG asserted that she needed to be 100% healed before returning to work and cited her need for an “ambulatory aide” when firing her, according to the lawsuit.
Kaiser Foundation Health Plan of Georgia to Pay $130,000 to Settle EEOC Disability Suit
Kaiser Foundation Health Plan of Georgia, Inc., a managed health care provider that is part of the Oakland, California-based Kaiser Permanente organization, agreed to settle a lawsuit after it was found liable for violating the Americans with Disabilities Act (ADA), the U.S. Equal Employment Opportunity Commission announced. After the court ruled against Kaiser, Kaiser agreed to pay its former employee $130,000 and enter into a consent decree under which it will train its employees on the ADA, make changes to its employment forms, and allow the EEOC to monitor how it handles future requests for accommodation under the ADA.
Trimark Foodcraft Agrees to Pay $25,000 to Settle EEOC Disability Discrimination Lawsuit
Strategic Equipment, LLC, doing business as TriMark Foodcraft, has agreed to pay $25,000 and provide other relief to settle a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced. According to the EEOC’s complaint, Jean S. Perry is an individual with a disability who worked for Trimark through a temporary placement agency as an accounts payable costing clerk. In December 2018, Perry was admitted to the hospital for breathing complications related to her disability. Perry attempted to return to work, but when she notified Trimark that she required the use of a personal oxygen device and would need to bring it to work with her, Trimark fired her.
United States Settles with Private School to Resolve Allegations of Disability Discrimination
The United States has reached a settlement with Sayre School (Sayre), a Lexington, KY based private school, resolving allegations of disability discrimination. The settlement agreement resolves a compliance review, initiated in 2016 by the United States, under the Americans with Disabilities Act (ADA), after receiving a complaint about physical access barriers for individuals with mobility disabilities, at Sayre’s Lower School. Sayre is a private, nonsectarian school in Lexington that serves more than 600 students. Following an on-site architectural assessment of Sayre’s campus, the United States concluded that numerous buildings on Sayre’s campus contained physical barriers to access in violation of the ADA.
Settlement Agreement Between the Justice Department and Tweetie Nail
This matter was initiated by a Diva Nails customer, who filed a complaint with the United States Department of Justice, alleging that Diva Nails discriminated against him on the basis of his disability in violation of Title III of the Americans with Disabilities Act (“ADA”). Specifically, the Complainant alleged that the owner of Diva Nails informed him that he could not return to Diva Nails for future services after another customer (known to Complainant) disclosed that Complainant had tested positive for the human immunodeficiency virus (“HIV-positive”).
Justice Department Settles with Vermont Department of Corrections
The Justice Department reached an agreement under Title II of the Americans with Disabilities Act (ADA) with the Vermont Department of Corrections (VDOC) to resolve complaints that VDOC does not provide accessible facilities for inmates with mobility disabilities, and does not ensure effective communication for inmates with hearing disabilities. The settlement agreement requires VDOC to make structural changes to prison facilities, implement hearing screening assessments and develop individualized communication plans to provide auxiliary aids and services for individuals with hearing disabilities, train staff, and to pay $80,00 in damages to aggrieved individuals.
Department of Justice Secures ADA Agreement with Rite Aid to Ensure Access to Online COVID-19 Vaccination Information and Scheduling
The Department of Justice announced an agreement with Rite Aid Corporation. The agreement will help ensure that individuals with disabilities who use screen readers and those who have difficulty using a mouse can privately and independently book their potentially life-saving vaccination appointments online. The agreement requires Rite Aid to make its COVID-19 vaccine content conform to the Web Content Accessibility Guidelines Version 2.1. This is the Department’s first ADA agreement to require conformance to this version.
Justice Department Agreement Ends Unnecessary Medical Exams and Inquiries by Employer
The Justice Department filed an agreement with the Federal Court in New Jersey, to resolve its lawsuit against the Port Authority Trans-Hudson Corporation (PATH), under the ADA and the Genetic Information Nondiscrimination Act (GINA). The agreement ends PATH’s practice of asking for unnecessary medical and disability information from its workers, and documents PATH’s commitment to strengthening ADA and GINA protections for its workers. Under the terms of the agreement, which must be approved by the Court, PATH has agreed to stop unnecessary medical exams, train its staff on the ADA and GINA, and pay a total of $100,000 to certain employees who were harmed by PATH’s exams and inquiries.
Justice Department Sues Uber for Overcharging People With Disabilities
The Justice Department has filed an ADA lawsuit against Uber for charging “wait time” fees to passengers who, because of disability, take longer than two minutes to get in their Uber car. Individuals who believe they have been victims of disability discrimination by Uber because they, or someone they were traveling with, were charged wait time fees should contact the Justice Department at 833-591-0425 (toll-free), 202-305-6786, or send an email to Uber.Fee@usdoj.gov.
ADA Settlement with Stamford YMCA Ensures Access to Programs for Children with Autism
Leonard C Boyle, Acting United States Attorney for the District of Connecticut, announced that Stamford YMCA (“Stamford YMCA”) of Stamford, Connecticut, has entered into a settlement agreement with the government to resolve allegations that Stamford YMCA’s childcare programs and other services were not accessible to a child with Autism Spectrum Disorder in violation of the Americans with Disabilities Act of 1990 (“ADA”).
The matter was initiated by a complaint filed with the U.S. Attorney’s Office for the District of Connecticut by Connecticut’s Center for Children’s Advocacy (CCA) alleging violations of Title III of the ADA. Specifically, the complaint alleges that Stamford YMCA failed to adequately assist a child diagnosed with Autism Spectrum Disorder who requires reasonable modifications for effective communication in order to fully participate in the program.
U.S. Attorney’s Office Settles ADA Service Animal Dispute
Midwest Petroleum & Convenience, Inc. (Midwest Petroleum), doing business as 7Star Liquor and Tobacco Outlet, a Cedar Rapids, Iowa, convenience store, has agreed to settle a dispute under the Americans with Disabilities Act (ADA) regarding an allegation that it refused service to an individual with disabilities because of her service animal.
Justice Department Sues Ophthalmology Practice with 24 Facilities for Discriminating Against Individuals with Disabilities who Use Wheelchairs
The Justice Department has sued Barnet Dulaney Perkins Eye Center, PC (BDP), for violating the ADA by refusing to transfer certain patients with disabilities onto surgical and exam tables. Instead, they require patients to hire third-party medical support personnel to provide transfer assistance. If you or someone you know was required to pay for third-party medical support personnel contact 1-866-380-2003 (toll-free), or send email to BDPEyeCenter@usdoj.gov.
Justice Department Secures Agreement to Improve Web Accessibility for Public Transportation Users with Disabilities in Champaign-Urbana,
The Justice Department announced that it has entered into a settlement agreement with the Champaign-Urbana Mass Transit District (MTD) to resolve alleged violations of Title II of the Americans with Disabilities Act (ADA).
Under the agreement, the MTD must make its website and mobile applications conform to the Web Content Accessibility Guidelines (WCAG), Version 2.1, Level AA.
Department of Justice Secures ADA Agreement with Hy-Vee Supermarket Chain to Ensure Access to Online COVID-19 Vaccination Information
The Department of Justice announced an agreement with supermarket chain Hy-Vee, Inc. The agreement will help ensure that individuals with disabilities who use screen readers and those who have difficulty using a mouse can privately and independently book their potentially life-saving vaccination appointments online. The resolution is the department’s second agreement on this critical issue, following a November 2021 announcement of its settlement with Rite Aid Corporation.
Justice Department Finds State of Iowa Unnecessarily Segregates People with Intellectual/Developmental Disabilities in State Resource
The U.S. Department of Justice’s Civil Rights Division announced that it has concluded an investigation into whether the State of Iowa subjects residents of Glenwood and Woodward Resource Centers, two state-run institutions for individuals with intellectual/developmental disabilities (IDD) in Glenwood and Woodward, Iowa, respectively, to unnecessary institutionalization in violation of Title II of the Americans with Disabilities Act (ADA).
