Here is today's KCDC ADA Information Network message.? I hope you have a nice holiday weekend.?
Martha
Martha K. Gabehart | Executive Director
Kansas Commission on Disability Concerns (KCDC)
Kansas Governor Laura Kelly
900 SW Jackson, Suite 100 | Topeka, Kansas 66612
(785) 296-6525 (direct) | (785) 260-4027 (cell)
[email protected] | www.kcdcinfo.ks.gov
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Equal Employment Opportunity Commission (EEOC) Sues Hobby Lobby for Disability Discrimination
Company Refused to Allow Service Dog as Reasonable Accommodation, Federal Agency Charges
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FOR IMMEDIATE RELEASE
July 1, 2022
EEOC SUES HOBBY LOBBY FOR DISABILITY DISCRIMINATION
Company Refused to Allow Service Dog as Reasonable Accommodation,?Federal Agency Charges
ST. LOUIS ? Hobby Lobby Stores, Inc., a national arts-and-crafts retailer, violated federal law when it refused to reasonably accommodate a cashier at its Olathe, Kansas store by allowing her to use a service dog and then fired her because of her disabilities, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today.
According to the suit, the employee advised her manager that she needed to bring her fully trained service dog to work to assist her with symptoms caused by PTSD, anxiety and depression. The company?s human resources representative met with the employee to discuss her request but concluded the dog would present a safety concern because a coworker or customer might be allergic to or trip over the dog, or the dog might break something. Even though Hobby Lobby allows customers to bring service dogs and other dogs to the Olathe store, managers were unwilling to allow the employee?s service dog in the store to see whether there was an actual safety concern. Hobby Lobby ultimately terminated the employee when she could not work without her service dog.
Such alleged conduct violates the Americans with Disabilities Act (ADA), which prohibits discrimination based on disability. The EEOC filed suit (EEOC v. Hobby Lobby Stores, Inc., Civil Action No. 2:22-cv-02258) in U.S. District Court for the District of Kansas after first attempting to reach a pre-litigation settlement via its conciliation process. The EEOC seeks back pay, compensatory and punitive damages and reinstatement for the employee, as well as injunctive relief to prevent future discrimination.
?Millions of Americans are successful, productive workers despite having mental health conditions that can be debilitating,? said Andrea G. Baran, regional attorney for the EEOC?s St. Louis District office. ?The ADA ensures equal employment opportunity for these individuals, including those who are assisted by service animals.?
David Davis, acting director of the EEOC?s St Louis District Office, added, ?Service animals assist people with many types of disabilities ? from vision and mobility impairments to seizure disorders and mental health conditions ? to live and work independently. Employers must not reject service animals, or any other reasonable accommodation, based on stereotypes or assumptions regarding the safety or effectiveness of the accommodation.?
According to the company?s website, Hobby Lobby is the world?s largest privately-owned arts-and-crafts retailer, with over 43,000 employees working in over 900 stores in forty-seven states.
For more information on disability discrimination, please visit https://www.eeoc.gov/disability-discrimination.
The EEOC?s St. Louis District office oversees Missouri, Kansas, Nebraska, Oklahoma and a portion of southern Illinois.
The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.
I have attached below the US Department of Justice's Service Dog Question and Answer guidance and their Service Animal booklet for your use.? If you have questions, please let me know. If I can't help, I'll refer you to someone who can.?
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U.S. Access Board Webinar: Accessible Residential Facilities
June 30, 2022
The U.S. Access Board receives many technical questions about access and residential facilities. Residential dwelling units are addressed by accessibility guidelines and standards issued under the Architectural Barriers Act (ABA), the Americans with Disabilities Act (ADA), the Fair Housing Act, and Section 504 of the Rehabilitation Act. These laws, guidelines, and standards can be difficult to understand and lead to confusion for many design professionals, lawyers, and citizens. The next webinar in the Board's free monthly series will take place July 7 from 2:30 ? 4:00 (ET) and will clarify these laws and their application in the ABA and ADA Accessibility Guidelines for residential facilities. Presenters from the Board and the U.S. Department of Housing and Urban Development (HUD) will review differences between Title II and III of the ABA and the ADA, as well as overlaps with HUD?s 504 regulations of the Rehabilitation Act. Additionally, presenters will highlight accessible design and construction requirements under the Fair Housing Act that apply broadly to most multifamily housing. The session will also cover scoping and technical requirements in the ADA and ABA Accessibility Guidelines for work surfaces, turning space, accessible routes, reach ranges, and windows in residential dwelling units.
Visit AccessibilityOnline for more information or to register. All webinars include video remote interpreting (VRI) and real-time captioning. Questions can be submitted in advance of the session or can be posed during the live webinar. Webinar attendees can earn continuing education credits. The webinar series is hosted by the ADA National Network in cooperation with the Board. Archived copies of previous Board webinars are available on the site.
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