LIEB BLOG

Legal Analysts

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

Friday, October 04, 2024

National Disability Employment Awareness Month - Are Your Accommodation Rights Being Violated?

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



Monday, January 22, 2024

Navigating Education Discrimination Law - A National CLE Instructed by Attorney Andrew Lieb

Lieb at Law, P.C. has partnered with Law Practice CLE to offer a pivotal Continuing Legal Education (CLE) course, "Education Discrimination: Perez v. Sturgis Public Schools," led by Attorney Andrew Lieb.

The Changing Dynamics of Education Law
Education Law is constantly evolving, with recent Supreme Court rulings significantly affecting the landscape, especially regarding the rights of disabled students. This course is designed to provide legal professionals with a comprehensive understanding of these changes and the skills needed to navigate them effectively.

Insights from the Course
In this 2-hour online session, Andrew Lieb will dissect the nuances of key cases such as Cummings v. Premier Rehab Keller and Perez v. Sturgis Public Schools. Participants will learn strategic approaches for handling education discrimination cases, including litigation, due process hearings, and settlement negotiations.

Benefits of the Course
Participants will gain:
  • A deeper understanding of recent developments in Discrimination Law.
  • Practical strategies for managing complex education discrimination cases.
  • Enhanced advocacy skills for representing disabled students in schools.

Who Should Enroll
This CLE course is essential for:
  • Lawyers focusing on Education Law and disability rights.
  • Legal professionals seeking updated knowledge on education law trends.
  • Advocates and educators interested in the legal dimensions of education.
Join Us on 1/31/24 (and available online)

For registration and more information, please visit Law Practice CLE - Education Discrimination: Perez v. Sturgis Public Schools




Friday, January 12, 2024

Understanding the Justice Department's Proposed Rule on Accessible Medical Diagnostic Equipment for Disability Non-Discrimination

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.


Impact on Medical Services: The lack of accessible MDE has been a barrier for people with disabilities, often leading to compromised health care. For instance, patients with disabilities have faced challenges in accessing routine examinations like mammograms and Pap smears due to inaccessibility. This rule aims to rectify such disparities.


Public Participation: The Justice Department encourages public involvement in the rulemaking process. Comments can be submitted electronically or via mail. It's an opportunity for healthcare providers, individuals with disabilities, and other stakeholders to voice their opinions and concerns.


Implications for State and Local Governments: Entities offering medical services will need to align with these standards, ensuring that their MDE is accessible. This might involve acquiring new equipment or modifying existing setups.


Economic and Environmental Considerations: The Department invites comments on potential economic and environmental impacts of the rule. This consideration is crucial for balanced and sustainable implementation.