Legal Question in Disability Law in Montana
What if a person cannot open the door to a handicapped bathroom?
I work for Kmart. They recently had their public restrooms renovated to meet the standards of the ADA. But the other night, a woman in a wheel chair with a service dog caught my eye. Because of the position of the door handle to the restroom, and a vertical blind display, and having the use of only one hand, she could not access the restroom without someone to open the door for her. (The door opens out.) I go to school at the University of Montana in Missoula, and they have buttons that open doors, but NOT doors to the restrooms or the classrooms. Could this be cause for a lawsuit? Is this discrimination? Is this kind of thing covered in the ADA Act? Thank you for your time.
1 Answer from Attorneys
Door handles versus door buttons
You pose an interesting question. You stated that KMart renovated the facility in order to comply with some regulations for ADA. If that is so, then you've answered your own question. Doors with handles are Okay. . . UNLESS UNLESS UNLESS the KMart lawyers are wrong. You don't say what yur position is in KMart, with whom you have a talking relationishipm whether you are a supervisor and have some authority or what kind of relationship you have with your boss or what kind of a suggestion policy KMart has . . . so it is difficult to tell you what to do. When you sddetermine who it is you should talk to about your observation, tell him.her what your observation was. Do it tactfully so that you do not jeopardize your own position. Good luck!
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