Work attendance can mean telecommuting, 6th Circuit says in reasonable accommodation case

Attendance at work is an essential part of many jobs, but it can’t be assumed to mean an actual presence at a physical site, the Cincinnati-based 6th U.S. Circuit Court of Appeals recently found in an Americans with Disabilities Act reasonable accommodation case. The action was brought by the Equal…

Apr 24, 2014 10:53 PM CDT

Lawyer is tossed out of court for wearing shorts after knee surgery

A Dallas lawyer has filed a recusal motion against a judge who refused to allow him in the courtroom because he was wearing shorts after his knee surgery. James Lee Bright says he is unable to wear pants because of a leg brace and tubes that connect to an ice…

Apr 15, 2014 12:03 PM CDT

Landmark DOJ settlement with RI provides road map to disability-law compliance for 49 other states

A landmark settlement with Rhode Island over placement of disabled individuals in low-wage, segregated settings will provide a road map for compliance in 49 other states, the Department of Justice announced Tuesday. The consent decree will give the state 10 years to comply with the Americans with Disabilities Act by…

Apr 8, 2014 7:35 PM CDT

Would-be lawyer loses ADA challenge based on mental-health questions

The Vermont Supreme Court has rejected a challenge by a would-be lawyer who contends the state’s bar-admission rules and practices violate the Americans with Disabilities Act. The state supreme court said the bar applicant was rejected because of his conduct, apart from his mental health history or status. “We recognize…

Apr 2, 2014 11:15 AM CDT

An uptick in service animals on airplanes is sparking controversy

Apr 1, 2014 9:50 AM CDT

Wellness programs addressing obesity could lead to litigation, lawyers say

The prospect of disability suits by obese employees is more likely, given recent developments, according to lawyers with expertise in the field. The Wall Street Journal’s Risk & Compliance Journal (sub. req.) spoke with several lawyers who saw an increased liability risk. Claudia Center, director of the disability rights program…

Mar 14, 2014 4:46 PM CDT

Federal judge who sent staffers to defendant businesses is removed from case

A federal appeals court has removed a federal judge from a disability-access case because he sent staffers to visit the defendant businesses. The New York-based 2nd U.S. Circuit Court of Appeals vacated the judge’s denial of attorney fees and remanded the fee issue with instructions that the case be assigned…

Mar 14, 2014 1:02 PM CDT

Lawyer and others face new charges in massive NYC disability fraud case, as dozens more are arrested

An 83-year-old former prosecutor and three other claimed ringleaders in a massive New York City disability fraud case face new conspiracy charges, and dozens more defendants are being arrested concerning their roles in a scheme that authorities say went on for 26 years and may have involved 1,000 people. Attorney…

Feb 25, 2014 7:30 PM CST

Activist law prof files suit claiming he was wrongly barred from campus because of PTSD

An activist law professor who spent three weeks in a Rwandan jail has filed a lawsuit claiming he was wrongly barred from campus because of his post-traumatic stress disorder. Peter Erlinder’s suit against William Mitchell College of Law was removed to federal court in Minnesota on Friday, according to Pacer…

Feb 13, 2014 3:18 PM CST

DOJ says bar officials violate ADA by asking applicants too much about their mental health

Asking would-be lawyers standard questions about their mental health, including their history of diagnosis and treatment, could violate the Americans with Disabilities Act, according to the civil rights division of the U.S. Department of Justice. In a lengthy Feb. 5 letter (PDF) to the Louisiana Supreme Court, its committee on…

Feb 12, 2014 9:30 PM CST

9th Circuit tosses part of lawsuit against CNN demanding closed-captioning on its Web videos

The San Francisco-based 9th U.S. Circuit Court of Appeals gave CNN a partial victory in a suit demanding it provide closed-captioning on all videos posted on its website, but then stayed the case so the California Supreme Court can decide whether the California Disabled Persons Act requiring equal access to…

Feb 6, 2014 10:24 PM CST

Survey leads to multiple federal complaints of widespread discrimination against deaf renters

A yearlong national survey showed a “disturbing” amount of discrimination against deaf and hard-of-hearing would-be renters and led to the filing of nine federal fair-housing administrative complaints by advocacy groups and calls for better training of those who deal with individuals with hearing impairments. So-called matched-pair testing by the National…

Jan 27, 2014 7:40 PM CST

Law prof barred from campus for alleged angry comments claims an ADA violation

A professor at John Marshall Law School in Chicago claims the law school failed to accommodate his depression and Asperger’s syndrome when he was barred from campus in October after allegedly losing his temper. Law professor Joel Cornwell claims a violation of the Americans with Disabilities Act in his suit…

Jan 9, 2014 2:19 PM CST

80 retired police officers and firefighters charged in massive NYC disability fraud case

Dozens of retired New York City police officers and a handful of retired firefighters were among 106 people charged Tuesday by the Manhattan district attorney with committing one of the biggest Social Security disability frauds ever. Also charged in the massive case is an 83-year-old lawyer who once worked as…

Jan 7, 2014 11:48 PM CST

Bingham sanctioned for slow discovery response in ex-associate’s sleep disorder suit

A Los Angeles judge has ordered Bingham McCutchen to pay $2,430 as a sanction for slow discovery in a suit by a former associate who claims the firm failed to accommodate her sleep disorder. The sanction imposed by Judge Mel Red Recana last week is lower than the $6,255 requested…

Dec 18, 2013 2:29 PM CST