Suzan Russell v. Westchester Community College, et al.

New York City, New York civil rights lawyer represented the Plaintiff on an employment discrimination claim.



Suzan Russell sued Westchester Community College ("WCC”), Westchester County, and two WCC administrators (collectively, "Defendants”) after WCC decided not to offer Russell courses to teach during the fall 2014 semester. Russell brought claims under the Americans with Disabilities Act ("ADA”) and the New York State Human Rights Law ("NYSHRL”), alleging that "she was discriminated against for having heart problems and terminated in retaliation for complaining about the discriminatory treatment.”



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The Americans with Disabilities Act (ADA) became law in 1990. The ADA is a civil rights law that prohibits discrimination against individuals with disabilities in many areas of public life, including jobs, schools, transportation, and many public and private places that are open to the general public. The purpose of the law is to make sure that people with disabilities have the same rights and opportunities as everyone else. The ADA is divided into five titles (or sections) that relate to different areas of public life.

Title I - Employment



Helps people with disabilities access the same employment opportunities and benefits available to people without disabilities.



Applies to employers with 15 or more employees.



Requires employers to provide reasonable accommodations to qualified applicants or employees. A "reasonable accommodation” is a change that accommodates employees with disabilities so they can do the job without causing the employer "undue hardship” (too much difficulty or expense).



Defines disability, establishes guidelines for the reasonable accommodation process, and addresses medical examinations and inquiries.



Regulated and enforced by the U.S. Equal Employment Opportunity Commission(link is external).



Title II - Public Services: State and Local Government



Prohibits discrimination on the basis of disability by "public entities” such as state and local government agencies.



Requires public entities to make their programs, services and activities accessible to individuals with disabilities.



Outlines requirements for self-evaluation and planning; making reasonable modifications to policies, practices, and procedures where necessary to avoid discrimination; identifying architectural barriers; and communicating effectively with people with hearing, vision and speech disabilities.

Regulated and enforced by the U.S. Department of Justice(link is external).



Title III - Public Accommodations and Services Operated by Private Entities



Prohibits places of public accommodation from discriminating against individuals with disabilities. Public accommodations include privately owned, leased or operated facilities like hotels, restaurants, retail merchants, doctors' offices, golf courses, private schools, day care centers, health clubs, sports stadiums, movie theaters, and so on.



Sets the minimum standards for accessibility for alterations and new construction of commercial facilities and privately owned public accommodations. It also requires public accommodations to remove barriers in existing buildings where it is easy to do so without much difficulty or expense.



Directs businesses to make "reasonable modifications" to their usual ways of doing things when serving people with disabilities.



Requires that businesses take steps necessary to communicate effectively with customers with vision, hearing, and speech disabilities.



Regulated and enforced by the U.S. Department of Justice(link is external).



Title IV - Telecommunications



Requires telephone and Internet companies to provide a nationwide system of interstate and intrastate telecommunications relay services that allows individuals with hearing or speech disabilities to communicate over the telephone.



Requires closed captioning of federally funded public service announcements.



Regulated by the Federal Communication Commission(link is external).



Title V - Miscellaneous Provisions



Contains a variety of provisions relating to the ADA as a whole, including its relationship to other laws, state immunity, its impact on insurance providers and benefits, prohibition against retaliation and coercion, illegal use of drugs, and attorney's fees.



Provides a list of certain conditions that are not considered disabilities.



Transportation



Public transportation offered by a state or local government is covered by Title II of the ADA. Publicly funded transportation includes, but is not limited to, bus and passenger train (rail) service. Rail service includes subways (rapid rail), light rail, commuter rail, and Amtrak.



If transportation is offered by a private company, it is covered by Title III. Privately funded transportation includes, but is not limited to, taxicabs, airport shuttles, intercity bus companies, such as Greyhound, and hotel-provided transportation.



The U.S. Department of Transportation, Federal Transit Administration(link is external) releases information, guidance and regulations on transportation and the ADA.



More information about the ADA is available from the ADA National Network



The ADA National Network provides information, guidance and training on the Americans with Disabilities Act (ADA), tailored to meet the needs of business, government and individuals at local, regional and national levels.



ADA National Network publications include:



ADA Questions and Answers



Disability Law Handbook



ADA National Network webcourses include:



Foundations of the ADA(link is external). This is a introductory webcourse ​that explores the legal requirements and spirit of the Americans with Disabilities Act of 1990. The course takes 2-3 hours and includes quizzes and a post-test. The Southeast ADA Center, a member of the ADA National Network, developed the course.



ADA Employment Course(link is external). This course is a free, self-paced webcourse on the employment requirements in the ADA, including the important changes made to the ADA by the ADA Amendments Act of 2008. The course takes approximately 2.5 hours and includes real life scenarios, quizzes and a final exam. The New England ADA Center, a member of the ADA National Network, developed the course.



Disability Rights Laws Overview(link is external). This course is a free, self-paced webcourse that provides an overview of federal disability rights laws. The course takes approximately 1.5 - 2 hours and includes real life scenarios, quizzes and a final exam. The New England ADA Center, a member of the ADA National Network, developed the course.

Affirmed on appeal.