On September 30, 2024, President Biden officially proclaimed October as National Disability Employment Awareness Month while promoting inclusive workplaces. 

This year's focus is advancing access and inclusion which aligns with the core principles of the Americans with Disabilities Act. The ADA eliminated the barriers individuals with disabilities faces, including employment. The ADA requires employers to provide reasonable accommodations and ensure that job opportunities are accessible to those with disabilities. This allows the over 61 million Americans living with a disability the opportunity to be included, participate, and be respected in the workforce.  

Remember, employers don't have a choice; if an accommodation is wrongfully denied, the employee can sue for back pay, front pay, emotional distress damages, punitive damages and attorneys' fees. 

If you'd like to read President Biden's proclamation, click here. 

On 1/12/24, the Justice Department announced a proposed rule revision under the Americans with Disabilities Act (ADA), targeting the accessibility of Medical Diagnostic Equipment (MDE) in state and local government entities. This move is a significant step towards ensuring that medical diagnostic equipment is accessible to all, regardless of disability. 

The rule, proposed by the Civil Rights Division of the Department of Justice, seeks to amend title II of the ADA regulations. The primary goal is to establish explicit requirements, including technical standards, for accessible MDE provided by state and local governments. 

Key Provisions:

• Adoption of Standards: The rule proposes adopting standards set by the Architectural and Transportation Barriers Compliance Board for MDE.
• Scoping Requirements: Specifics on the amount and type of accessible MDE required.
• Deadline for Comments: Stakeholders can submit comments until February 12, 2024, primarily through the electronic Federal Docket Management System.

Starting on October 19, 2022, fines are going to be issued to any person who obstructs handicapped parking areas at a shopping center with one to four retail stores throughout New York State pursuant to S8822. 

That is not to say that this is all that can happen if landlords don't enforce and/or provide for handicapped parking at their shopping centers. Landlords who do not provide for access for the disabled can be sued under the Americans with Disabilities Act (ADA) and state specific laws like the New York State Human Rights Law (NYSHRL). So, such landlords should actively enforce their handicapped parking by also towing violators. Nonetheless, individuals who obstruct such spaces can't be sued under the ADA, so, it's a welcome sign that such obstructors will, at least, be ticketed for their thoughtless infraction.

Many employers utilize artificial intelligence or algorithms to select new employees, monitor performance, and determine pay or promotions. There are scored tests and resume analysis that are both common place in the big business world. However, the EEOC and DOJ just shot a cannon across the bow of big business' boat by stating that "[t]hese tools may result in unlawful discrimination against people with disabilities in violation of the Americans with Disability Act (ADA)."

To determine if discrimination has occurred, consider the following questions:

1. Was there an accommodations policy available and made known to employees / applicants?
1. If not, there likely was discrimination.
2. Does the AI / algorithm ask about the precise nature of the disability / medical condition? 
1. If so, there likely was discrimination.