Owners of commercial facilities and developers of multifamily housing should take note of an alarming trend: Some courts are not allowing owners and developers to sue their architects and consultants for designing facilities that do not comply Americans with Disabilities Act (ADA) and Fair Housing Act (FHA) accessibility requirements.
In Kroll v. White Lake Ambulance Authority, the court addressed whether the White Lake Ambulance Authority's ("WLAA") decision to require one of its emergency medical technicians to undergo psychological counseling as a condition of her continued employment violated the Americans with Disabilities Act ("ADA"). In an opinion dated May 22, 2013, the Honorable Gordon J.
When it came to the decision over how United Airlines handles accommodating its employees who become unable to do their current jobs, it seems the 7th Circuit got it right. At least, that’s what the record will show, because this week the Supreme Court refused to hear the case.
Fighting to end a different kind of pain at the pump, one local disabled man is taking a major company to court hoping to pave the way for change. The Americans with Disabilities Act has regulations in place to help disabled drivers at gas stations but, despite the law, many say it's an uphill battle.
The Regional ADA Centers do not provide direct attorney referrals. The National Disability Rights Network (NDRN) is the nonprofit membership organization for the federally mandated Protection and Advocacy (P&A) Systems and Client Assistance Programs (CAP). There is a P&A/CAP agency in every state and U.S. territory as well as one serving the Native American population in the four corners region. Collectively, the P&A/CAP network is the largest provider of legally based advocacy services to people with disabilities in the United States. To find your local Protection and Advocacy agency and Client Assistance Program in each state, go to - http://www.napas.org/en/ndrn-member-agencies.html .
Private individuals may bring lawsuits to enforce their rights under title II and may receive the same remedies as those provided under section 504 of the Rehabilitation Act of 1973, including reasonable attorney's fees. Individuals may also file complaints with eight designated Federal agencies, including the Department of Justice and the Department of Transportation.