Disability Law

Lawyer who complained of ‘electronic torture’ by ‘illegally implanted microchips’ still practices

A veteran Florida lawyer complained in a written filing earlier this year that her opposing counsel is subjecting her to “electronic torture” through “illegally implanted microchips.” However, Janice L. Jennings remains in practice in Florida. And at least one of her clients, required by a federal judge to do so,…

Jun 16, 2014 4:27 PM CDT

Deaf inmate says prison violated ADA by not providing sign-language interpreters

A deaf inmate has filed a federal lawsuit against the Oregon Department of Corrections, contending that the state violated the Americans with Disabilities Act by failing to provide him with a qualified sign-language interpreter. David D. VanValkenburg, 48, says he was systematically excluded from full participation in intake interviews, classroom…

Jun 13, 2014 3:53 PM CDT

Banks face a slew of suits over their ADA-violating ATMs

A litigation trend has banks facing a spate of class actions related to Title III of the Americans with Disabilities Act. A 2010 update to the law required that automated teller machines be speech-enabled and have tactile instructions by 2012. More than 100 class actions were filed by visually impaired…

Jun 1, 2014 9:20 AM CDT

State bars may probe applicants’ behavior, but not mental health status, says DOJ

State bars around the country are on notice that assessing prospective attorneys’ fitness to practice law based on their mental health may discriminate against individuals with disabilities. The U.S. Department of Justice said that states may examine applicants’ prior behavior, but not their mental health status, when determining whether to…

Jun 1, 2014 9:00 AM CDT

Suspended without pay, judge asks top state court to treat her alcoholism as a disability

One of three Broward County judges charged with driving under the influence in a little more than six months has asked the Florida Supreme Court to reconsider its decision to suspend her without pay. Judge Gisele Pollack, 56, is asking that her alcoholism be treated as a disability and seeking…

May 29, 2014 10:30 PM CDT

LSAC to pay $7.73M, change LSAT policies in settlement of ADA suit

In a settlement with the U.S. Department of Justice over Law School Admission Test policies concerning the disabled, the Law School Admission Council has agreed to pay $7.73 million and stop flagging test scores of those who were given extra time, among other policy revisions. The LSAC did not admit…

May 20, 2014 10:30 PM CDT

Court tosses suit claiming Drake law school discriminated by barring service-dog-in-training

The Iowa Supreme Court has dismissed a suit that claimed Drake University’s law school discriminated on the basis of disability by barring from class a dog being trained by a law student as a service animal. The former law student who sued, Nicole Shumate, worked as a service-dog trainer, but…

May 12, 2014 5:18 PM CDT

Suit claims Princeton violated rights of suicidal student by pressuring him to leave

A pending lawsuit against Princeton University claims the school discriminated against a suicidal student by pressuring him to leave and exposing medical confidences. The closely watched suit (PDF) raises “a sensitive issue shrouded in legal murkiness,” the Wall Street Journal (sub. req.) reports. Most suits against schools involving suicides are…

May 1, 2014 4:45 PM CDT

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

Not long ago, the likelihood of seeing animals flying in first class would have been akin to, as the saying goes, the day “when pigs fly.” But nowadays dogs, pigs, turtles and other animals taught to aid an owner’s physical, mental, psychiatric or emotional condition are more often sitting in…

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