Americans With Disabilities Act Legal Questions

Hello Linda.  I'm sorry for the situation you find yourself in.  Attorneys are not permitted to answer a question on this forum by saying something like, "Sure, no problem call me."  You have to directly initiate contact with the lawyer.  The Find a lawyer tab on this page is a place to start.  You can also check the local bar association, or ask around to friends and family. Best of luck.... Read More

Your situation is actually where the restaurant did not treat her differently from anyone else.  Since it's a privately owned company they are within their rights in this regard.  Additionally, nobody suffered any injury or pecuniary damages as a result of the incident.  The company has a legal responsibility to ensure the safety of its employees and patrons.  They are not in a position to dispute a medical condition someone claims they have.  If someone does not want to follow the rules of the restaurant, they are free to patronize another establishment.... Read More

Hello Jim, It looks like your question got cut off.  In order for any attorney to be able to intelligently evaluate the entirety of the situation and attempt to give you options and estimate the liklihood of success a full consultation is needed.  It's likely that even that will not be enough.  It's unclear as to what possible causes of action exist and what damages may be recoverable.  If the case needs to proceed under federal statutes the costs of litigation are significantly higher.  In this instance I would not worry about costs up front.  Speak with a qualified attorney.  Many offices will have alternate arrangement (such as contingency fee) that may be available depending on how the case would need to proceed. Best of luck.... Read More

Maybe. Your question is an interesting one. The answer may differ depending on whether New York State or federal law applies. Under New York's revised Human Rights Law you may have a stronger argument for an accommodation, especially since October 11, 2019 when the new HRL kicked in. Remember that work hours as well as work days are determined on a case-by-case basis. We have a fairly recent case in the W.D.N.Y. federal court, Lewis v. Livingston County Center for Nursing and Rehabilitation, 30 F.Supp.3d 196, 209 (W.D.N.Y. 2014) where a federal district judge in Buffalo, correctly I believe, ruled that "mandation", where a nursing home demands overtime as an essential function of a CNA's job, cannot automatically determine that overtime is absolutely necessary without examining the facts of the particular case and the hours which the employer alleges are necessary on an employee's particular job for that particular employer. Reasonable accommodations and the interactive process can get a little tricky. Sometimes employees think that their situation is a slam dunk win where an employer cannot demand overtime or specific days to work or long hours in violation of reasonable accommodations and they are wrong. Sometimes an employee's specific condition may not qualify or the condition may be sufficiently controlleded with medication. Sometimes physicians disagree. Sometimes the particular combination of ailments might not qualify. It depends on a comprehensive analysis of each particular situation, an employee's work history, the specific job duties, the staffing needs of a facility, the hardships created, the duration of an accommodation, pandemic factors, etc... It can get fairly complicated. Sometimes employers refuse to even engage the interactive process because they have insufficient information to determine that such a process is even necessary when an employee is certain that it is. It all depends. So, your facts sound, on their face, like ones where an employer might possibly need to accommodate but your accommodation might not be the one which flies in the end. More information is needed and sometimes employers dig in and refuse. You should probably call some employment lawyers. Many serve the entire state, no longer meet in person with clients, and do a bang-up job representing all types of health care workers long distance. All of these cases require a substantial time investment. Call around. Call many employment lawyers and before you retain one make sure they truly care about you and about what they think they might be able to do for you. Good luck. Interesting facts.  ... Read More

This is a really untested area of law. The face coverings are for the protection of others as much as yourself. The employer would have a strong argument that the health and safety of others in preventing the spread of COVID is of greater importance than your shortness of breath. I can see disagreement on this, as it comes down to a policy consideration.... Read More

Whether you qualify from long term disability (LTD) depends on the LTD insurance you have through your employer. You should call HR and your insurance company to ask about applying for LTD. You may also be eligible for Social Security Disability. You will find out more information about SSD at ssa.gov.... Read More

Every employer with 15 or more employees must provide reasonable accommodations which do not cause the employer an undue hardship. If the equipment you need has been provided to others then it should be provided to you. However when employees work from home they often use some of their own equipment. Ask whether this employer has policies, written, which describe what it's expectations are. Employers who have concerns about the confidentiality of their information often provide equipment because they have more control over such information. The ADA interactive process is a give and take. It works best with amicable negotiation. It was not designed to force employers to incur expenses which it's business model does not support. It's great that this business wants to help the disabled. Ask them to tell you how that usually works for them and negotiate.... Read More

Although you listed the topic of your inquiry as an ADA issue, I am doing to respond with some basic landlord-tenant information that seems more applicable based on the facts you provided.  It is usually preferable to have a lease agreement in writing, but just because you never signed the housing agreement does not mean they can just make you move out.  In California, you are still a month-to-month tenant with all the rights provided in the Civil Code.  If you are in certain jurisdictions within the state, the nonprofit may need "just cause" to terminate your right to live there.  Go here for a list of jurisdictions current through September 2017.  If not, the nonprofit would still need to give you 60 days' notice before terminating your tenancy.  (Civil Code 1946.1)  Also, California law requires landlords to go through the unlawful detainer (eviction) process before they can force a tenant out.  California does not permit "constructive eviction" efforts like harassment, shutting off utilities, etc.  I would gather together all the documentation you have that shows you asked for clarification of the housing agreement as well as any documentation about your medical condition.  I would need to know more to evaluate the ADA aspect of your case.... Read More

There are several issues going on with your inquiry.  With regard to your ADA concerns, which would also be concerns under California's Fair Employment and Housing Act, you may want to read this article from Nolo.com - https://www.nolo.com/legal-encyclopedia/disabled-renters-housing-rights-30121.html.  ... Read More