Labor & Employment Law

E Legal Center?s Monthly Law Journal, selected summaries

January 2009 issue of AELE Legal Center?s Monthly Law Journal, Fire and Police Personnel Reporter, now online

Source: http://www.aele.org/law/2008ALL12/LR2008DEC.html

Among the 36 different cases summarized in the January 2009 issue is a case concerning the requirements of the ADA with respect to sign language.

The Sixth Circuit held that Savannah, Tenn. police did not violate Title II of ADA by failing to provide a sign language interpreter for deaf arrestees, where the individuals arrested did not allege intentional discrimination or challenge the validity of their arrests. AELE summaries the court?s holdings as follows:

(a) The language of the statute does not specifically enumerate whether an arrest is a "service, program, or activity" contemplated by the ADA;

(b) To conclude that an arrest may be an "activity" subject to the ADA does not direct a finding that an interpreter was required here. Each of the plaintiffs must show that he or she was intentionally discriminated against, or that reasonable accommodations were not made to provide them with communications that were as effective as those provided to non-disabled persons.

(c) There was no evidence that a sign language interpreter would have changed the events in any way. Tucker v. State of Tennessee, #06-6208, 539 F.3d 526, 2008 U.S. App. Lexis 18618 (6th Cir.). The decision is posted on the Internet at: http://caselaw.findlaw.com/data2/circs/6th/066208pv3.pdf

The issue also contains an article entitled Overtime Pay for Preduty Preparations [also posted on the Internet at http://www.aele.org/law/2009all01/2009-01MLJ201.pdf ].

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Full post as published by New York Public Personnel Law on January 08, 2009 (boomark / email).