Disability Rights Legal Decisions

This page is to archive current events and legal decisions regarding disability rights happening across the nation and world…

Landmark Settlement Regarding Disability Disclosure

“Under the ADA, an employer may not ask disability-related questions and may not conduct medical examinations until after it makes a conditional job offer to the applicant. This helps ensure that an applicant’s possible hidden disability (including a prior history of a disability) is not considered before the employer evaluates an applicant’s non-medical qualifications. An employer may not ask disability-related questions or require a medical examination pre-offer even if it intends to look at the answers or results only at the post-offer stage.”

See Guardsmark Settles EEOC Disability & Genetic Information Discrimination Cases For $329,640 (6/23/2016)

Vision for Equality v. Franklin Institute DECISION

On May 6, 2016, after three years of litigation, Vision for Equality won a Title III federal court case that held that a paid PCA could not be required to pay an admission fee to a “public accommodation” when the PCA was working with a PWD. The defendant, the Franklin Institute, did not appeal so it is a final order. Link to PDF of Decision