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Latest from ADA Update

Many are familiar with Uber’s high-profile scofflaw policy toward paying its drivers.  For years, disability advocates have been challenging a lesser-known violation—its fleet is not accessible for people who use non-folding wheelchairs. Uber’s motto is “We ignite opportunity by setting the world in motion.”  Opportunity for some, barriers for others. It’s not fair that we… Continue reading The Other Uber Problem – Wheelchair Access →
One of the hottest topics in the ADA legal world is whether websites (and their ilk, like smartphone applications or other technological public platforms) have to be accessible to people with disabilities. Without ADA oversight, website development often prioritizes certain users—those who access content visually or using a mouse, for example. Blind people who use a screen… Continue reading Should Disability Advocates Wait for Biden Administration Regulations on Internet Accessibility? →
Zoning laws can pose serious barriers to people with disabilities and their organizations.  Setback codes block building ramps.  Rules forbidding people who are not related from living together in residential neighborhoods bar group homes.  Disability discrimination laws – the ADA, the Fair Housing Act, Section 504 of the Rehabilitation Act, and local laws, often make… Continue reading Do Zoning Laws Discriminate Against People with Disabilities? →
In the midst of violence that seems targeted at our civic life and a pandemic imposing “social distancing,” I find myself thinking a lot about community.  As I have previously reflected, “community integration” is a legal phrase about the ADA’s requirement to provide services to people with disabilities in small, community-based settings rather than in… Continue reading Independence Does Not Mean Isolation →
Thirty years ago, people in the United States on both sides of the aisle came to a clear agreement: we need to build houses and apartments that are accessible to people with disabilities, including people who use wheelchairs. Laws and regulations were passed to require that accessible home design and construction. Thirty years later, these rules… Continue reading Housing Accessibility →
It is, of course, illegal to discriminate against an employee because they have a disability—to fire someone because the employer learns they have been diagnosed with schizophrenia, for example.  But what about when the disability causes conduct that might otherwise be a legitimate basis for an action like firing? What if, for example, that schizophrenia… Continue reading Does the ADA Require More Flexible Employee “Misconduct” Rules? →
The EEOC recently posted updated guidance about employers’ obligations related to COVID, What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.  Like the EEOC, I’ve been getting a lot of questions from people trying to understand how to navigate work in these times.  Here are some common questions… Continue reading COVID and Workplace Rights: 4 Common Questions →
The recent failure of the criminal justice system to hold anyone accountable for the death of Breonna Taylor is a devastating reminder of that system’s failures.  As police misconduct attorney and author Andrea Ritchie told the New York Times, “The system that killed Breonna Taylor is not set up to provide justice or reparations for… Continue reading Rethinking Demands for Law Enforcement Training in ADA Lawsuits →
According to the CDC, we must fight stigma during this COVID pandemic—against people who have, or have recovered from COVID, and against ethnic groups wrongly blamed for or seen as carriers of the virus. Three kinds of law can help.…
Community is a form of medicine, writes Rachel Setzer.  She found healing in reconnecting with her Cherokee Ancestors’ traditions: You are here, you are part of your community, you should be counted and cared for, and society has to be adjusted to help you get your needs met. Accommodations for your disabilities are your birthright… Continue reading Community Integration →