Posted by
Katy Grimes on Wednesday, July 08, 2009 6:12:41 PM
The Americans With Disabilities Act was created for the purpose of protecting disabled employees and job seekers from unscrupulous employers who might otherwise discriminate against them because of their disability. Bottom line - protecting people from being discriminated against based on disability.
But this is another of the American lasw that unscrupulous lawyers and larcenous citizens have gotten a hold of, and is not about protecting people from being discriminated against in an employment environment; it is now being used as a legal shakedown tool against small businesses.
In today's
Sacramento Bee, it is reported that a "disabled" woman is suing the
Squeeze Inn, a tiny burger joint on Fruitridge Road. The
Bee reports: "In the lawsuit,
Kimberly Block is described as a person with disability with severely limited in the use of her legs. The suit alleges that Block, who could not be reached for comment, is being discriminated against because of her disability in violation of California law and the landmark Americans with Disabilities Act of 1990."
The Squeeze Inn is a tiny business - as well as a tiny building; only 450 square feet, with 12 bar stools. No one just happens to stop by The Squeeze Inn; only those who have heard about the best burgers and fries from friends who have been there, chance a visit on sketchy Fruitridge Road.
The days of accepting one's limitations are long gone. However, that's only for those "protected categories."
Discrimination may include, among other things, limiting or classifying a job applicant or employee in an adverse way, denying employment opportunities to people who truly qualify, or not making reasonable accommodations to the known physical or mental limitations of disabled employees, not advancing employees with disabilities in the business, and/or not providing needed accommodations in training.
The ADA defines a covered disability as "a physical or mental impairment that substantially limits a major life activity." The Equal Employment Opportunity Commission (EEOC) was charged with interpreting the 1990 law with regard to discrimination in employment. Its regulations narrowed "substantially limits" to "significantly or severely restricts".
In 2008, effective January 1, 2009, the ADAAA broadened the interpretations and added to the ADA examples of "major life activities" including, but not limited to, "caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working" as well as the operation of several specified "major bodily functions".
Just about anyone who has been offended at any place of business, can trump up discrimination charges, either by using the ADA of some other definition of discrimination.
What is most disturbing about this is that the Squeeze Inn will bring your food out to your car if you call in advance and place your order. Obviously, this leaves one to assume that the woman filing the lawsuit is a professional ADA scammer who is either in it for the money, or is just a miserable, victim of a human being bent on making everyone else suffer for her "disability."
Most of us know someone who has a disability. However, the people I know and have known who could be called "disabled," did not want any special treatment, and had more of a zest for life than their non-disabled friends.
When my neighborhood Veterinarian was sued in a similar shakedown ADA lawsuit by a stranger (not a client), I knew that it would only get worse as a money-making enterprise.
Scumbag attorneys and scumbag clients will always find a way to make tainted money, but they are dragging down small businesses with them.