Articles Tagged with ADA Lawsuit

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Kohl’s Department Stores, Inc. is fighting lawsuits brought by disabled individuals. Initially, the individuals sought class action status against the Wisconsin-based stores, but a judge felt that separate actions would advance more efficiently through the courts. This has forced Kohl’s to defend itself on numerous fronts.

Disability-55444138-001The original lawsuit was brought by The Equal Rights Center (ERC), a non-profit civil rights activism organization out of Washington, D.C. In the complaint, Kohl’s is alleged to have operated in violation of Title III of the American’s with Disabilities Act (ADA). Specifically, the stores were accused of “denying shoppers with disabilities the ability to successfully navigate their stores … .” Upon being notified of problems in Kohl’s stores by various members, the ERC surveyed the stores, which they determined were in violation of the ADA.

The ERC sought class action status, but Kohl’s argued against it. A judge found in favor of Kohl’s in this matter, and allowed each discrimination case to proceed separately. Now, Kohl’s is seeking to have the claims of one plaintiff, Devora Fisher, dismissed. Fisher alleges that she made multiple complaints to store management about her inability to maneuver her wheelchair through the aisles. When the complaints were not addressed, Fisher went to the ERC.

Another plaintiff, Patricia Thomas, must use a walker or scooter because of her multiple sclerosis diagnosis. She similarly alleges that she was unable to navigate the Kohl’s stores in her hometown and that her complaints went unaddressed.

In the Fisher case, Kohl’s is arguing that the claims are barred by the doctrine of res judicata which means that the second lawsuit cannot proceed if it is based on three claims that were satisfied in the first lawsuit. The judge has yet to rule on this matter.

In the Thomas case, the judge did not agree with Kohl’s motion for summary judgment. Instead, the court argued that the plaintiff “has set forth a plausible proposal for barrier removal … .”

Complaints about ADA compliance should never fall on deaf ears. Take these matters seriously from the beginning, and it may be possible to avoid costly and distracting litigation.

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Service and support animals are becoming an increasingly common sight, especially with so many veterans suffering from PTSD. These animals are trained to meet the physical, psychological or emotional needs of disabled people. This makes them an indispensable part of everyday life for thousands.

Lawsuit-64354059-001Many public places that do not normally allow animals make exceptions for service animals. This is also true on airlines. However, American Airlines recently settled a lawsuit in connection with an incident in which a veteran says she was harassed and discriminated against when she tried to board a plane with her service dog, Jake.

Lisa McCombs served in the American military in Iraq and Afghanistan. As she suffered from PTSD, upon her return to civilian life, McCombs was partnered with Jake, a support dog that was trained to move closer to McCombs when she experienced trauma or stress. These behaviors are intended to provide reassurance and to help ward off panic attacks.

McCombs and Jake are constant companions, but when she tried to board a flight in Kansas in 2015, American Airlines employees blocked her from boarding with her dog. Apparently, employees did not believe the dog was a service animal despite McCombs having appropriate paperwork and the presence of an identifying vest on the dog. Moreover, McCombs had called in advance to inform the airline that she would be flying with a service animal.

McCombs and Jake were denied boarding two days in a row in Kansas. More alleged harassment followed at a Texas airport. She filed a lawsuit under the Air Carrier Access Act. This law essentially states that airlines cannot discriminate against air travelers based on disabilities. In an answer, American Airlines argued that the law does not provide individuals with the right to privately sue.

Nonetheless, the case has now settled with undisclosed terms. A spokesperson for the airline says that the settlement was to the parties’ mutual satisfaction, and he also thanked McCombs for her service.

Understanding the rights of Americans with disabilities is crucial to avoiding discrimination lawsuits. Contact attorney Rich Oppenheim to learn more.

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It is vital for employers to understand any physical limitations that their employees have. Not responding appropriately can lead to serious legal trouble.

ADA-138029727-001It’s a situation that happened recently in Union City, Georgia where a police detective sued her former employer. Jacqueline Lewis is an African-American woman who had been employed by the department for 10 years when her career stumbled. Lewis suffered a heart attack in 2009 and was diagnosed with a chronic heart condition.

This condition didn’t render her unfit, so Lewis continued in her role until the department decided to require all employees to carry a Taser. As a part of the training, each employee was expected to submit to a five-second shock. Participants had to seek the consent of their physician prior to the training, but Lewis’ doctor refused permission because of her heart condition.

Lewis’ superiors placed her on administrative leave, and a series of mishaps appears to have worsened relations between Lewis’ doctor and the police department. By day 21 of her leave, Lewis had been terminated, with her employer arguing that she had exhausted her leave time.

Lewis promptly filed a discrimination lawsuit, citing disability, race and gender as the grounds. The complaint detailed the stories of two white, male officers who had been given considerably more time before they were terminated for not meeting the physical ability requirements.

A district court didn’t agree that Lewis had demonstrated her status as a qualified individual under ADA. Additionally, they said that the male employees she compared herself to were not “similarly situated.” Lewis appealed this decision, and the Eleventh Circuit found that Lewis’ heart problems did not make her disabled. However, the department’s decision to treat her as if she was gave her protection under ADA. The circuit court also argued that there may be evidence of gender and race discrimination. They ruled that the case should be decided by a jury.

This case illustrates how crucial it is for employers to treat their employees with care. That treatment may grant them some protection under the law to which they wouldn’t otherwise be entitled.

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Most companies have websites today. In fact, there are few business owners who would consider operating without one. That is because consumers are placing increasing reliance as websites to serve as proxies for brick-and-mortar locations. They may expect to shop, procure coupons, order photographic prints or even refill prescriptions from a website that is connected to a retail location.

ADA-138029727-001Everyone appreciates the convenience of being able to take care of a few errands online. However, not every company has fully considered whether or not their website is equally accessible to all users. That problem is at the heart of a recent lawsuit in Florida in which a legally blind man prevailed over well-known grocery chain Winn-Dixie.

Juan Carlos Gill liked shopping at Winn-Dixie because of its affordable pricing and convenient locations. An ad on television alerted him to the fact that Winn-Dixie’s website provided the ability to get digital coupons and refill prescriptions. When he tried to take advantage of these conveniences using the enhanced online software that allows a sight-challenged person to use the Internet with ease, Gil discovered that the Winn-Dixie website was incompatible. Try as he might, he could not avail himself of the useful services on the website that were readily available to consumers who were not sight impaired.

Gil sued Winn-Dixie for violations of the Americans with Disabilities Act, or ADA. Eventually, a two-day bench trial was held with Judge Robert N. Scola, Jr. presiding. Judge Scola ultimately sided with the plaintiff based on what he says is the company’s violation of Title III of the ADA. A witness for Winn-Dixie had testified that the company was in the midst of establishing its website’s ADA policy, and that they had set aside $250,000 for the task. An expert witness for Gil argued that his firm could have made the conversions for as little as $37,000. What’s more, relatively little time would be necessary to make the website accessible to the vision impaired.

Winn-Dixie might appeal this decision, but it is a timely reminder that all company websites should be reviewed for ADA compliance.

One more note of interest: Late last month Gil filed another similar lawsuit. In his lawsuit Gil is asking a federal court to force the owners of Germain Arena in Florida, Gale Force Sports and Entertainment, to make its website accessible to blind internet users.