LIEB BLOG

Legal Analysts

Showing posts with label disability discrimination. Show all posts
Showing posts with label disability discrimination. Show all posts

Wednesday, March 13, 2024

Proposed Rule Aims to Enhance Air Travel Safety for Passengers with Disabilities

The U.S. Department of Transportation (DOT) has introduced a proposed rule to bolster regulations under the Air Carrier Access Act (ACAA). This initiative seeks to address the pressing concerns faced by individuals with disabilities, particularly those utilizing wheelchairs and scooters, during air travel. With an emphasis on safety and dignity, the proposed rule aims to rectify issues such as mishandled mobility devices and inadequate assistance during transfers to and from aircraft seats.

Key Objectives of the Proposed Rule:

  • Addressing Mishandled Mobility Devices: Passengers with disabilities often experience damage or loss of their mobility devices during air travel, leading to significant distress and inconvenience. The proposed rule seeks to establish stringent guidelines to mitigate such incidents and hold airlines accountable for the proper handling of mobility devices.
  • Ensuring Proper Transfers: Passengers with disabilities often face challenges in navigating these transitions, leading to potential safety risks and infringements on their dignity. The proposed rule aims to implement measures to ensure that passengers receive the necessary support and assistance throughout the travel process.
As the proposed rule enters the public comment period, stakeholders, including disability advocacy groups, airlines, and the general public, will have the opportunity to provide feedback and input. This collaborative process will be instrumental in shaping the final regulations and ensuring that the needs of passengers with disabilities are adequately met.





Thursday, November 30, 2023

Lieb at Law Represents Class Action Hearing Impair Tenants in Landmark NYC Disability Discrimination Case

In a significant development in a case that underscores the ongoing challenges faced by individuals with disabilities in accessing suitable housing, Lieb at Law is representing a hearing-impaired tenant in a discrimination lawsuit against the City of New York and other entities. The case, as reported by Law360, highlights crucial issues regarding the responsibilities of property owners and the rights of tenants with disabilities.

Background of the Case

Elewood Torres, the plaintiff, filed a class-action lawsuit in 2022, challenging the failure of his Lower Manhattan apartment building's owners to provide necessary services for tenants with hearing disabilities. Despite the building at 174-184 Forsyth St. being funded to provide accessible housing, critical safety improvements have been lacking.

Key Issues at Stake

The lawsuit points to the absence of essential features such as video cameras in elevators, smoke alarms with strobe lights and bed shakers, and security staff proficient in American Sign Language. These deficiencies not only violate the Americans With Disabilities Act, and the NYS / NYC Human Rights Laws, but also pose a significant risk to the safety and well-being of the residents.

The City's Position and Plaintiff's Response

The city contends that it no longer owns the property and that the ADA does not apply to private residential complexes. However, Torres disputes this claim, highlighting that the ownership of the building reverted to the city due to breaches in the sale agreements. This aspect is crucial in determining the applicability of the ADA and the city's responsibilities.

Lieb at Law's Stance

Representing Torres, Lieb at Law's Associate Attorney, Richard Hermer-Fried, emphasized the gravity of the situation: "To this day, defendants have not provided bed rockers to wake tenants in case of a fire. It's utterly egregious that nothing's been done to protect these individuals." The firm's commitment to advocating for the rights of individuals with disabilities is evident in its vigorous pursuit of this case.

What's Next in the Case

With a preliminary injunction requested by Torres to compel the defendants to install the necessary improvements, and the court ordering documentation of such improvements, the case is poised for critical developments. Lieb at Law remains steadfast in its pursuit of justice for Elewood Torres and other similarly situated tenants.




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Wednesday, October 18, 2023

Understanding the EEOC's Rising Focus on Disability Discrimination: A Call to Action

Recent trends have seen the Equal Employment Opportunity Commission (EEOC) significantly bolster its scrutiny on workplace discrimination, particularly on the front of disability discrimination. As advocates for those who face injustice, Lieb at Law, P.C. delves into these trends and urges those affected to seek their rightful legal recourse.


The EEOC’s Stand
The EEOC's resolve to combat disability discrimination has been noticeably robust. In its recently concluded fiscal year, the EEOC filed a staggering 144 lawsuits, a 55% increase from the previous year. Of these, 48 lawsuits were laser-focused on disability discrimination. That's a 77% rise from the 27 filed in the fiscal year of 2022. To be clear, this is in addition to the countless number of private lawsuits in federal and state courts throughout the country plus all of the administrative claims resolved at places like state / county / city divisions of human rights. 


Other Discrimination Categories
While disability discrimination took center stage, the EEOC has also been active in pursuing cases involving retaliation, race, and religion discrimination. This underscores the broader drive to ensure fair treatment for all, regardless of one's personal attributes or beliefs.


Notable Cases
A recent case that highlights this mounting concern involved Alliance Ground International, a cargo logistics company based in Chicago. The EEOC alleges the company discriminated against a deaf individual, refusing him employment. In another case, the EEOC sued Union Pacific Railroad for terminating employees they considered "color vision deficient." These are but a few examples among many, revealing a troubling pattern of discrimination.


Mental Health: An Emerging Concern
Adding to the spectrum of disability discrimination, the EEOC has started to spotlight employers who fail to accommodate mental impairments. Recent cases have encompassed issues related to autism spectrum disorder, ADHD, depression, anxiety, and PTSD.


Complexities of the ADA
The Americans with Disabilities Act (ADA) is a lifeline for many. However, its complexity can often be a double-edged sword. On one side, it offers protection to the disabled, but on the other, its intricacies can lead employers astray, sometimes unintentionally.


A Growing Regulatory Landscape
With the EEOC's budget set to grow by $26 million in the upcoming fiscal year, their vigilance is only expected to intensify. Topics like racial justice, diversity, equity, inclusion, and systemic discrimination are likely to gain even more prominence.


Your Right to Fair Treatment
No one should suffer discrimination in silence. The numbers and the cases are clear indicators that disability discrimination is an alarming concern that needs addressing. If you or someone you know has faced discrimination of any form, it's crucial to understand your rights and take action.


Lieb at Law, P.C.: Advocates Against Discrimination
At Lieb at Law, we stand steadfast in our mission to support and represent those who've been discriminated against. Armed with expertise, experience, and a deep understanding of the complexities surrounding the ADA, we're here to guide you every step of the way.


Have you faced discrimination? Don't suffer in silence. Reach out to Lieb at Law, P.C. today, and let us champion your cause.







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Wednesday, February 09, 2022

New York Establishes Office of the Advocate for People with Disabilities

New law establishes Office of the Advocate for People with Disabilities. The Office assures that disabled people are afforded the opportunity to exercise all of the rights and responsibilities accorded to citizens of New York.

Operating under the Department of State, the Office shall advise and assist state agencies in developing policies designed to help meet the needs of the disabled by:

  • Coordinating the implementation of the Americans with Disabilities Act;
  • Ensuring that state programs do not discriminate against disabled people; 
  • Ensuring that programs provide appropriate services for disabled individuals; and 
  • Working with state agencies to develop legislation and potential regulatory changes.
The Office will be headed by a Director, appointed by the Governor. 

Landlords should be actively removing barriers to access so that this new Advocate doesn't bring suit against them for violations of the Americans with Disabilities Act (ADA). 



Monday, January 10, 2022

New Workers' Compensation Law Allows for Attorneys' Fees

A new law seeks to reduce bias against injured workers in low-income brackets who cannot afford attorneys' fees.


New York's Workers’ Compensation law has been amended to include awarding attorneys’ fees for the following services:

  • 1/3rd of one week’s compensation for awards made directing the continuation of weekly compensation benefits for temporary total or partial disability;

  • 15% of the increased compensation when an award is made that increases the amount of compensation awarded or paid for a previous period(s) of temporary total or partial disability;

  • 15% of the compensation due in excess of the employers/carrier’s previous payments when an award is made for loss of use or permanent facial disfigurement;

  • 15% of the compensation due in excess of the employer or carrier’s previous payments plus a sum equivalent to 15 weeks of compensation when an award is made for permanent total disability or permanent partial disability;

  • 15% of the compensation due in excess of the employer/carrier’s previous payments plus a sum equivalent to 15 weeks of compensation when an award is made for death benefits; and

  • 15% of any benefits to be paid by the employers/carrier when an award is made under a waiver agreement.


The law became effective on 12/31/2021.