Tag Archives: ADA

Labor & Employment – ADA – Post-Accident Performance – NASCAR Engine Sourcing (access required)

George v. Roush & Yates Racing Engines, LLC Plaintiff alleges that the defendant-employer used plaintiff’s failure to attend a meeting as a pretext for firing plaintiff and that the real reason for his firing was the disabilities he suffered after an auto accident. Plaintiff’s allegations state a claim for violation of the Americans with Disabilities Act.

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Labor & Employment – Civil Rights – ADA – 2008 Amendments – ‘Regarded as’ Disabled – No Accommodations (access required)

Ryan v. Columbus Regional Healthcare System, Inc. Since plaintiff has admitted that she suffered only from a transitory impairment in November and December 2008 following knee-replacement surgery, she is alleging that she was discriminated against because she was “regarded as having” a disability. The 2008 amendments to the Americans with Disabilities Act apply to plaintiff’s claim, and those amendments clarify that a person who is “regarded as” disabled is not entitled to a reasonable accommodation. Therefore, plaintiff cannot make out a claim of disability discrimination based on a failure to accommodate.

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Civil Rights – ADA – Domestic Violence Call – Handcuffed Deaf Suspect (access required)

Seremeth v. Board of County Commissioners Frederick County, Md. Police responded reasonably to a domestic call involving a family whose members were deaf by handcuffing the father behind his back, which impeded his ability to write notes or sign, and by calling in an American Sign Language trainee, and the county is entitled to summary judgment on the father’s claim that police violated his rights under the Americans with Disabilities Act.

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Labor & Employment – Discrimination – ADA – Partial Waiver of Immunity (access required)

Lee-Thomas v. Prince George’s County Public Schools A school board employee in Maryland can sue the board under the Americans with Disabilities Act for an alleged failure to accommodate her hearing disability, as the state has waived its 11th Amendment immunity for claims of $100,000 or less; the 4th Circuit upholds the district court decision allowing the claim to go forward.

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