Company Wins Disability Accommodation Case

In a recently decided case (Mundy v. Pro-Thro Enterprises, 192 Cal.App.4th Supp. 1 (2011)), Thomas Mundy, who is confined to a wheelchair, claimed violation of disability-related laws because he could not see himself in the restroom mirror at a car wash he patronized.

The court of appeal upheld the lower court’s dismissal of the case, finding that Mundy failed to prove that he suffered any actual injury, embarrassment, humiliation or discomfort as a result of the inability to use the restroom mirror.

The requirement to prove actual injury is found in statutes that were effective January 1, 2009. These amendments to the law provide equal access for the disabled and protection for businesses from litigation abuse.*

Mundy admitted that he is unemployed, yet earned income of more than $100,000 in 2009 from disability litigation. His "job" is to visit businesses, look for violations of state and federal disability access laws and file lawsuits against those businesses.

Mundy appealed the introduction at trial of his earnings from disability-related lawsuits, but the appeal was dismissed because he failed to properly raise the issue at trial. The court added that even if the evidence was inadmissible, Mundy could not show the required actual injury, and the admissibility of the evidence was moot. The court also ordered Mundy to pay the company its costs for the appeal.

The court noted that Mundy did not bring the problem with the height of the restroom mirror to the company's attention on the day he visited the car wash. After Mundy’s complaint was filed, the company installed a full-length mirror in the restroom.

Susan Kemp, CalChamber Senior Employment Law Counsel

*CalChamber members get exclusive access to HRCalifornia's Law Library, which includes a detailed section on accessibility laws and employer obligations. Not a CalChamber member? Test-drive HRCalifornia with a 15-day Free Trial.

Panel Discussion on Service Animals

The State Board of Guide Dogs for the Blind will host a panel discussion on the service animal regulation changes in the Americans with Disabilities Act (ADA) set to take effect in March 2011.

The informational event allows business owners who serve the public to ask questions on the new rules ("emotional support" animals will not be considered service animals), and rights and responsibilities for businesses in accommodating service animals (which will now be limited to dogs and, in some cases, miniature horses).*

A comparison of the new federal rules to state service animal access laws also will be discussed. The panel discussion will take place on February 23 from 9 a.m. to noon at the Department of Consumer Affairs on North Market Blvd., Sacramento. Panelists from the U.S. Department of Justice and Disability Rights California will answer questions after the discussion.

A live webcast of the event also will be available at www.dca.ca.gov.  

Courtesy of Alert, from CalChamber

* CalChamber members can learn more about issues related to accessibility laws and persons with disabilities from the Accessibility section of HRCalifornia's Law Library. Not a CalChamber member? Test-drive HRCalifornia with a 15-day Free Trial.  

Signs, Parking, Restrooms and More: New Physical Accessibility Library at HRCalifornia

HRCalifornia has launched a new accessibility library to guide you in making your property compliant with state and federal disability laws. From parking lots and restrooms to ramps and and inspections, HRCalifornia has an extensive library to help you determine if your business is vulnerable to an accessibility lawsuit. We've included important information about CASp inspections, which can allow you to gain a stay of litigation if your business is sued for access violations.

One eye-catching feature of this members-only library is the accessibility slideshow. Be sure to check out all that our new library has to offer!

Businesses Must Make Point-of-Sales Devices Accessible to Visually Impaired

In 2005, California passed AB1489 and amended Section 13082 of the Financial Code. The law requires touch-screen point-of-sale devices to have tactile capabilities for persons with visual impairments, but it provided a grace period for implementation. As of January 1, 2010, that grace period has expired. All businesses that use such systems must now provide point-of-sale systems that are accessible to the visually impaired. The law explains that machines can be made accessible via a "tactually discernible keypad" with specific requirements or other technology, such as a radio frequency device that allows a visually impaired person access. If your location has no more than two point-of-sale machines, you are only required to provide one such accessible system. You may read the bill, as chaptered, online.

"Point-of-sale device" includes any device used by a customer for the purchase of a good or service where a personal identification number (PIN) is required, but does not include the following: (1) An automated teller machine as defined in subdivision (c) of Section 13020. (2) A point-of-sale device that is equipped to, or exclusively services, motor fuel dispensers.

Spanish Forms

Original posting: Friday, January 25, 2008 -- Did you know CalChamber has almost 300 forms for use by its members? From sample policies to employee notification forms and checklists, there are forms to meet many of the needs employers face.

We also have forms available in Spanish, including harassment complaint forms and make-up time requests. If you have Spanish speaking employees, check out these forms on HRCalifornia under "Forms and Checklists"!