ADA Report August, 2022

The ADA Report

August, 2022

Updates, Articles, and Resources

Guidance on Nondiscrimination in Telehealth: Federal Protections to Ensure Accessibility to People with Disabilities and Limited Engish Proficient Persons U.S. Dept. of Health & Human Services

Architect, U.S. Access Board public member, and wheelchair user, Karen Braitmayer, gives an insightful interview on the future of accessible architecture in the U.S. (Hunker, July 2022)

U.S. Access Board Issues Technical Bulletin on Signs in Celebration of 54th Anniversary of the Architectural Barriers Act (ABA)

Apprenticeship Equal Employment Opportunity Toolkit

The Partnership on Inclusive Apprenticeship (PIA) offers a toolkit that features tips for apprenticeship sponsors on equal opportunity policies, recruiting apprentices, providing reasonable accommodations, and encouraging self-identification of disabilities.

Alternate Text and Automation

Excellent article on alternate text and why human input is required for alternate text to be effective by the A11Y Project.

Gender dysphoria is covered by ADA, appeals court rules. (Bloomberg Law, Aug. 18, 2022)

Court Cases

First Urology Refused to Assist Patients with Mobility Disabilities in Transferring to Exam Tables and Diagnostic Equipment

First Urology, P.S.C., the largest provider of urologic care in the greater Louisville and Southern Indiana area, has agreed to pay $60,000 to resolve allegations that it violated the Americans with Disabilities Act (ADA) by failing to provide individuals with mobility disabilities equal access to its services and facilities. The allegations involved First Urology’s “Lifting Policy,” which provided it would not assist patients in transferring to examination tables or other diagnostic equipment. First Urology’s policy denied patients full and equal access to the services it provided because it required certain patients with mobility disabilities to bring their own equipment, friends, family, or attendants to help facilitate their transfer, in order to be treated. If the patient did not bring equipment, friends, family, or attendants to help transfer them, First Urology denied that patient treatment.

Gas Field Specialists to Pay $184,000 to Settle EEOC Disability Discrimination Case

Gas Field Specialists, Inc. (GFS), a Potter County, Pennsylvania-based natural gas well service company, will pay $184,000 and provide significant injunctive and other non-monetary relief to settle a disability discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.

According to the EEOC’s lawsuit, an employee who had been with the company for 15 years was laid off and then terminated based on a disability or record of disability. The EEOC contended that GFS fired the employee because he had a history of cancer. The suit further alleges that an owner of the company told the employee that the company didn’t want him to get sick with COVID-19 and had to lay off anyone with health issues during the COVID pandemic.

U.S. Attorney’s Office Reaches Settlement with City of Denver and Concert Promoters Relating to Overcharging for Wheelchair-Accessible Seating at Red Rocks Amphitheatre

The U.S. Attorney’s Office for the District of Colorado announced that the United States has resolved a discrimination claim under the Americans with Disabilities Act (ADA) against the City and County of Denver and concert promoters Live Nation, AEG, and PBS12.

The Department of Justice received a complaint that wheelchair-accessible seats for concerts held at Red Rocks Amphitheatre were more expensive than tickets for non-accessible seats. The U.S. Attorney’s Office investigated the complaint and alleged that the City and County of Denver, which owns Red Rocks, and concert promoters, which contracted with Denver to host events, violated the ADA by charging more for wheelchair-accessible seats than was allowed under ADA regulations.