Tag Archives: Disability

4th Cir.: State disability findings may deserve substantial weight (access required)

An administrative law judge erred in according little weight to a North Carolina Department of Health and Human Services determination that the Social Security claimant qualified as disabled. The ALJ also didn’t consider the limited extent to which the claimant ...

Read More »

WDVA: Blind man not harmed by inaccessible website (access required)

A blind plaintiff lacked standing to sue a Virginia bank for maintaining a website without reasonable accommodations for individuals with disabilities, as he lived 300 miles from the nearest branch. Further, the bank’s voluntary upgrades – made prior to the ...

Read More »

EDVA: Disability, equal protection claims against VBBE dismissed (access required)

A law student who was denied testing accommodations by the Virginia Board of Bar Examiners should have sought state-court review. In addition, the Board was immune from the disability claims, and the student failed to state a Fourteenth Amendment claim. ...

Read More »

WDVA: Disabled vet’s disparate-treatment claim is triable (access required)

A veteran who later went to work for the U.S. Department of Veterans Affairs, but whose employment was later terminated, presented genuine issues of material fact as to whether she was an individual with a disability and whether the VA’s ...

Read More »

EDVA: Separation was due to absences, not disability (access required)

Although the plaintiff’s employment was terminated a matter of days after she disclosed her disability, her much-longer history of excessive absences — unrelated to her disability — constituted a legitimate, nondiscriminatory reason for separation. Background On April 22, 2013, Plaintiff ...

Read More »

Paraplegic man prevails on appeal of disability bias claim – $100,000 plus medicals and attorney’s fees (access required)

Complainant is a 26-year employ­ee of the Defense Logistics Agency in Richmond and is a paraplegic confined to a wheelchair. He was subjected to repeated instances of harassment and discrimination because of his disability. His super­visor made disparaging remarks about ...

Read More »