Background music is not part of the normal overall experience at a bar, so the bar need not provide hearing-impaired patrons with listening aids in order to comply with the Americans with Disabilities Act or its California law counterpart. Read More
Although she taught a standard half-hour religion course each day, a fifth-grade teacher at a Catholic school was not a “minister” and so could sue the school for violating the Americans with Disabilities Act by firing her after it learned she was diagnosed with cancer. Read More
Blind plaintiff alleged a viable claim for disability discrimination when he claimed that defendants’ aggressive unleashed guard dog attacked his seeing-eye dog on a public sidewalk outside their business establishment. Read More
Blind plaintiff alleged a viable claim for disability discrimination when he claimed that defendants’ aggressive unleashed guard dog attacked his seeing-eye dog on a public sidewalk outside their business establishment. Read More
Under the 2008 amendment to the Americans with Disabilities Act, it is no longer necessary for an employee to show that his perceived disability limited or was perceived to limit a major life activity in order to show evidence of “disability”; all that the employee need plead or prove is that the employer regarded him as physically or mentally impaired. Read More
An employer cannot require a disabled job applicant to submit to additional medical tests at his own expense as a condition of employment. Read More
There is no private right of action for violation of the Air Carrier Access Act of 1986, 49 U.S.C. § 41705, which prohibits air carriers from discriminating against individuals on the basis of a physical or mental impairment, although the Department of Transportation has authority to enforce the Act. Read More
Merchants are not required to design their parking lots in such a way that disabled patrons may access their stores without traveling behind parked cars. Read More
Attorney fees in Americans with Disabilities Act litigation are to be calculated using the lodestar method. Read More
A government employer must make reasonable accommodations for a disabled worker and engage in an interactive process with the worker to reach that accommodation, and in this instance the employer failed to comply when it gave a probationary employee medical leave but did not tell her the leave would result in her automatic termination because she would not be available… Read More
