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SPECIAL REPORT
posted June 3, 2010
The Disability Law & Policy e-Newsletter of the Law, Health Policy & Disability Center (University of Iowa College of Law) and the Burton Blatt Institute (Syracuse University) reveled Patric LeHouillier, a Colorado Springs, CO attorney, reached an accord with the U.S. Equal Employment Opportunity Commission (EEOC).
Plaintiff Joan Murnane is a veterinarian prohibited from bringing her service dog into LeHouillier's office during a deposition.
Mrs. Murnane and EEOC sued in U.S. District Court for Colorado after a December 2006 event where LeHouillier demanded Mrs. Murnane document her need for the dog.
LeHouillier allegedly didn’t allow entry for the dog because it would soil or otherwise ruin the carpeting.
Under the pact, LeHouillier will pay $30,000 to Mrs. Murnane, $10,000 to her husband - also denied law offices entry - and $10,000 to EEOC.
He’ll be required to post a sign at his office that states "Service Animals Welcome" as part of the agreement.
LeHouillier denies any violation of the ADA and claims he settled solely for financial reasons.
EEOC sued Arkansas-based Tyson Foods for ADA discrimination, alleging an ex-employee with epilepsy wasn’t rehired by the maintenance department at the plant in Sedalia, MO due to his disability. Mark White states he was hired in early 2008, but the offer was revoked in May, 2008, when a Tyson doctor learned White had epilepsy. Tyson refused to rehire White even though he was able to perform his job, shown by two prior stints at Tyson before it discovered his condition. White hadn’t had a seizure in 15 years. The lawsuit seeks compensatory damages (back pay) and punitive damages, plus injunctive relief against Tyson.
Under an accord with the EEOC, Celestica Corp. will have to pay $102,100 to an employee whose reasonable accommodations requests were "willfully ignored." The Canadian electronics maker hired someone through a placement agency for its Tennessee warehouse. The employee - with cardiomyopathy, chronic obstructive pulmonary disease, and lupus - asked to use her electric wheelchair to enter the plant from her parking space. Celestica ignored this request, violating the ADA. The employee worked without accommodation for two months before quitting. The consent decree enjoins Celestica from refusing/ignoring accommodation requests, requires issuance of a reasonable accommodation policy for all employees/potential hires, and posting notices about the settlement and ADA requirements. Celestica must train managers, supervisors, and human resources employees regarding reasonable accommodations, plus the monetary relief.
A federal court ruled Hawaii can cut the school calendar this year by 17 days and 24 days next year to comply with state budget cuts. Parents of nine special education students at five schools filed a complaint asking for preliminary injunctive relief, arguing the missed school days would violate their children's' Individualized Education Plan. Backing a lower court ruling, which allows the plan to go ahead, the court reasoned special education students aren’t being discriminated against because all students are receiving fewer services due to budget cuts.
California State University/Northridge will get $8.5 million in federal funds over five years to address the critical shortage of qualified special education teachers in high-need schools. The program will recruit and train 150 such teachers, evaluate their impact on students, and improve teacher quality and achievement levels for disable students. The program will offer either an 18-month credential or master's degree in Special Education, and a two-year education induction program.
Under the Healthcare Reform Bill, health insurers can’t deny coverage based on a pre-existing condition. Annual/lifetime caps on payouts are now illegal, and Medicaid will expand up to 133% of the federal poverty guidelines. Health insurance providers are required to pay for rehabilitation/habilitation services. Habilitation aids the developmentally disabled develop, improve, or maintain independent living skills. The law’s backers say that for the first time people with disabilities and mental illness will no longer fear denial of health coverage. The law’s "Community First Option" promotes community-based living options for the disabled. States can seek federal funds to aid community living if they agree to no longer limit the number of people who can live in the community.
El Paso, TX has a rule that 5% of apartments must be accessible for those with disabilities. Builders argue 5% is too much, and many of these apartments go unused. They would like the total dropped to 2%. Despite not having any reliable data on the issue of supply/demand, city council agreed temporarily to drop the mandate to 3% until statistical data are made available.
EEOC sued Arkansas-based Tyson Foods for ADA discrimination, alleging an ex-employee with epilepsy wasn’t rehired by the maintenance department at the plant in Sedalia, MO due to his disability. Mark White states he was hired in early 2008, but the offer was revoked in May, 2008, when a Tyson doctor learned White had epilepsy. Tyson refused to rehire White even though he was able to perform his job, shown by two prior stints at Tyson before it discovered his condition. White hadn’t had a seizure in 15 years. The lawsuit seeks compensatory damages (back pay) and punitive damages, plus injunctive relief against Tyson.
Under an accord with the EEOC, Celestica Corp. will have to pay $102,100 to an employee whose reasonable accommodations requests were "willfully ignored." The Canadian electronics maker hired someone through a placement agency for its Tennessee warehouse. The employee - with cardiomyopathy, chronic obstructive pulmonary disease, and lupus - asked to use her electric wheelchair to enter the plant from her parking space. Celestica ignored this request, violating the ADA. The employee worked without accommodation for two months before quitting. The consent decree enjoins Celestica from refusing/ignoring accommodation requests, requires issuance of a reasonable accommodation policy for all employees/potential hires, and posting notices about the settlement and ADA requirements. Celestica must train managers, supervisors, and human resources employees regarding reasonable accommodations, plus the monetary relief.
A federal court ruled Hawaii can cut the school calendar this year by 17 days and 24 days next year to comply with state budget cuts. Parents of nine special education students at five schools filed a complaint asking for preliminary injunctive relief, arguing the missed school days would violate their children's' Individualized Education Plan. Backing a lower court ruling, which allows the plan to go ahead, the court reasoned special education students aren’t being discriminated against because all students are receiving fewer services due to budget cuts.
California State University/Northridge will get $8.5 million in federal funds over five years to address the critical shortage of qualified special education teachers in high-need schools. The program will recruit and train 150 such teachers, evaluate their impact on students, and improve teacher quality and achievement levels for disable students. The program will offer either an 18-month credential or master's degree in Special Education, and a two-year education induction program.
Under the Healthcare Reform Bill, health insurers can’t deny coverage based on a pre-existing condition. Annual/lifetime caps on payouts are now illegal, and Medicaid will expand up to 133% of the federal poverty guidelines. Health insurance providers are required to pay for rehabilitation/habilitation services. Habilitation aids the developmentally disabled develop, improve, or maintain independent living skills. The law’s backers say that for the first time people with disabilities and mental illness will no longer fear denial of health coverage. The law’s "Community First Option" promotes community-based living options for the disabled. States can seek federal funds to aid community living if they agree to no longer limit the number of people who can live in the community.
El Paso, TX has a rule that 5% of apartments must be accessible for those with disabilities. Builders argue 5% is too much, and many of these apartments go unused. They would like the total dropped to 2%. Despite not having any reliable data on the issue of supply/demand, city council agreed temporarily to drop the mandate to 3% until statistical data are made available.