ADA in the News: August 24, 2015

Target to pay $2.8M to upper-level applicants rejected based on race, gender

Minneapolis Star Tribune

Target Corp. has agreed to pay $2.8 million to thousands of rejected job candidates for upper-level positions because tests they were given disproportionately screened out applicants based on their race or gender.

The payout was announced Monday by the Minneapolis Area Office of the U.S. Equal Employment Opportunity Commission (EEOC) and will be dispersed among more than 3,000 people, said Julie Schmid, acting director for the agency in Minneapolis.

“The tests were not sufficiently job-related,” Schmid said. “It’s not something in particular about the contents of the tests. The tests on their face were neutral. Our statistical analysis showed an adverse impact. They disproportionately screened out people in particular groups,” namely blacks, Asians and women……

In addition, the EEOC said it found that one of the assessments that the Minneapolis-based Target formerly used and that was performed by psychologists had violated the federal Americans with Disabilities Act (ADA). Schmid said this assessment was a pre-employment medical exam that was reserved for particular leadership openings. The ADA forbids such exams before a job is offered.

Lawsuit claims Marine fired over PTSD 'safety concerns'

Fond du Lac Reporter

An ex-marine is suing a Fond du Lac rail company, claiming he was fired over his Post-Traumatic Stress Disorder, according to complaint filed Aug. 7 in Eastern District of Wisconsin District Court.

Chris Trombley, now a North Carolina resident, was hired at Wisconsin Central, doing business as Canadian National Railway, at the company’s Fond du Lac rail yard. Trombley claims in his complaint that he was fired due to his PTSD, though his condition never harmed his job performance.

Trombley is seeking a judgment under the Americans with Disabilities Act, which protects against discrimination on the basis of disability. The complaint seeks a jury trial and damages of more than $75,000, the limit for federal lawsuits.

ACLU lawsuit accuses Laguna Beach of discrimination against disabled homeless

Coastline Pilot

The American Civil Liberties Union Foundation of Southern California sued the city of Laguna Beach on Thursday, alleging discrimination against homeless people with disabilities.

Disabled Erie man alleges Stairways Behavioral violated ADA rights

The Pennsylvania Record

A disabled Erie man is suing his former employer, alleging unlawful employment practices on the basis of his disability.
Wayne R. Gardner filed a lawsuit July 6 in U.S. District Court for the Western District of Pennsylvania against Stairways Behavioral Health, alleging violations of the Americans with Disabilities Act.

According to the complaint, Gardner began working for the defendant as a rehabilitation coordinator in January 1998. He was diagnosed with an autonomic neurological condition in 2010 in which he experiences periods of light-headedness and sometimes loses consciousness, the lawsuit says.
The suit states during a workday in June 2013 Gardner experienced light-headedness and a supervisor thought Gardner looked as if he were ready to pass out. Despite this, the lawsuit states, Stairways Behavioral didn't contact emergency services or call its nurse or program director to examine Gardner. Until he was sent home in the late afternoon, Gardner continued to go about his work duties and was even asked to take residents on a walk to the park, the suit says.

Housekeeper loses part of lawsuit against Aspen Skiing Co.

9NEWS.com-

A housekeeper suing Aspen Skiiing Co. for discrimination has lost her age-discrimination claim. But her claim that the company violated disability protections will proceed.

The Aspen Times reports that housekeeper Arcelia Rojo claims the company fired her because of her age and a nagging elbow injury she received on the job.

Rojo injured her elbow in 2011 while cleaning a shower at The Little Nell Hotel.

The fall left Rojo with chronic "tennis elbow," and she was transferred. She was fired two years later at age 49. The company said Rojo was fired because of "her inability to follow her restrictions."

U.S. District Judge Richard P. Matsch in Denver threw out Rojo's age-discrimination claim last week. But he allowed her claim under the Americans With Disabilities Act to proceed.

Has The ADA Broken Its Economic Promises To People With Disabilities

FiveThirtyEight

Employment and wage gaps persist 25 years later.

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