On December 17, 2012, the California Supreme Court issued its decision in Jankey v. Lee. The Court ruled that prevailing defendants in disability access cases brought under both the Americans with Disabilities Act (“ADA”) and California Civil Code section 55 are entitled to their attorney’s fees just like prevailing plaintiffs are. The issue was vehemently disputed between that segment of the plaintiff’s bar that specializes in “shake-down” disability access lawsuits, and the California business community.Continue Reading The California Supreme Court Issued A Win For Businesses Who Prevail In Disability Access Cases In California
disability
Governor Signs Overhaul of Disability Law
By Ramona Carrillo on
Posted in Labor Law, New Legislation and Regulations
By: Charles L. Post
Governor Brown recently approved a significant – although many would stay still inadequate – overhaul of California law that governs the what, how and when of disability access suits under state law.Continue Reading Governor Signs Overhaul of Disability Law
Is It Discrimination To Require A High School Diploma?
By Ramona Carrillo on
Posted in Disability Discrimination, Discrimination
The Equal Employment Opportunity Commission (“EEOC”) thinks so. The EEOC recently posted a letter to its website stating that it may be unlawful for employers to require a job applicant to have obtained a high school diploma if the applicant suffers from a learning disability and has been unable to obtain one. The EEOC’s position represents a significant departure from traditional interpretation by the courts with regard to matters of unintentional discrimination resulting in a disparate impact on certain groups.Continue Reading Is It Discrimination To Require A High School Diploma?