A wholesale distributor based in Jefferson Parish, La., has agreed to pay $140,000 and provide other significant relief to settle a disability discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today. The EEOC charged in its suit that Imperial Trading Company, LLC, violated federal law by subjecting workers to illegal pre-employment medical inquiries and failing to reasonably accommodate employees with disabilities.
According to the EEOC's suit, Imperial had a practice of discharging employees if they became disabled, and Imperial would not consider them for rehire unless they proved they were "100% healed" from their impairment and/or could provide a no-restrictions release upon their return to work from medical leave. The suit alleged that the company discharged employees who could not satisfy these requirements. The suit also contended that Imperial would not consider granting certain reasonable accommodations to workers recovering from disabling impairments.
Such alleged conduct violates the Americans with Disabilities Act of 1990, which prohibits discrimination against qualified individuals with disabilities. The EEOC filed suit in U.S. District Court for the Eastern District of Louisiana (Civil Action No. 2:18-cv-8930) after first attempting to reach a pre-litigation settlement through its conciliation process. According to the company website, www.imperialtrading.com, Imperial is "the nation's 5th largest convenience store distributor."
Under the terms of the three-year consent decree settling the case, Imperial will pay $140,000 in monetary relief to workers who were affected by the alleged unlawful practices. Imperial also agreed to other relief, including discontinuation of practices challenged by the EEOC as unlawful.
Heritage Charity Auction & Awards, Inc., a manufacturer and seller of display cases for memorabilia and auction company located in Cumming, Ga., will pay $19,000 and provide other significant relief to settle a lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC).
According to the EEOC's suit, Heritage unlawfully discriminated against Rachel Garcia, a custom framer, when it fired her after she disclosed that she has mental disabilities and advised her supervisor and one of Heritage's owners that she may need an accommodation.
Garcia's mental disabilities did not affect her ability to perform her job, but she advised her supervisor and an owner that she may need an accommodation, the EEOC said. Heritage made her leave work immediately and told her it needed documentation from a counselor or a doctor describing her mental health issues. However, when Garcia attempted to satisfy this request, the company refused to engage in the interactive process required by the Americans with Disabilities Act (ADA) with Garcia and, instead, it filled Garcia's position and discharged her.
Such alleged conduct violates the ADA, which prohibits employers from making employment decisions based on an individual's disability. The EEOC filed suit (EEOC v. Heritage Charity Auction & Awards, Inc., Civil Action No. 2:20-cv-00004-RWS-JCF) in U.S. District Court for the Northern District of Georgia, Gainesville Division. Heritage was willing to negotiate a resolution very early in the litigation and agreed to pay Garcia $19,000 to compensate her. In addition to providing monetary relief, Heritage entered into a two-year consent decree, which requires it to, among other things, adopt and implement a written policy on the ADA and a procedure for requesting reasonable accommodations under the ADA. The decree further requires the company to conduct training on disability discrimination for its employees, post EEO notices, and provide periodic reports to the EEOC.
Hawaii Medical Service Association (HMSA), the largest health insurance company in Hawaii, has agreed to pay $180,000 and provide injunctive relief to settle a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC).
According to the EEOC's lawsuit, HMSA violated federal law when it decided not to allow intermittent leave as a possible accommodation for employees with disabilities in its customer relations department. HMSA also failed to engage in the interactive process with its employees to determine if there were other accommodations available for them. The above-mentioned practices forced employees to either work without an accommodation or resign.
Such alleged conduct violates the Americans with Disabilities Act (ADA). The EEOC filed suit in U.S. District Court for the District of Hawaii (EEOC v. Hawaii Medical Service Association Case No. CV-18-00253-LEK-WRP) after first attempting to reach a pre-litigation settlement through its conciliation process.
In addition to monetary relief, the three-year consent decree includes injunctive relief aimed at preventing future disability discrimination. Hawaii Medical Service Association has agreed to review and revise its policies and procedures regarding compliance with the ADA and provide training in employment discrimination law such as disability discrimination, the interactive process, and reasonable accommodation. The health insurance company has also agreed to have a centralized accommodation unit to maintain and track all disability accommodation requests and disability discrimination complaints, and ensure appropriate record keeping, reporting, and monitoring.
Today Oakland's political leaders made it a priority to show their support for the latest form of disability mobility following the city's adoption of its accessible bicycle program began last year.
As of now, Lime Accessible Scooters, scooters with seats, are available to pre-qualified members throughout Oakland.
Books aren’t the only thing being checked out at this Queens library.
The feds are now probing the problem-plagued new library branch in Hunters Point, The Post has learned.
The US Attorney’s Office in Brooklyn hired an architectural expert to conduct a December survey of the $41.5 million book hub to look for violations of the Americans with Disabilities Act, new Brooklyn federal court filings in a lawsuit against the library reveal.
A law firm is suing several businesses in Northport, claiming they are failing to meet the requirements of the Americans With Disabilities Act.
Attorney Darryn G. Solotoff fof Garden City filed the suit in US Eastern District Court on behalf of Linda Laser, who said she uses a wheelchair because of multiple sclerosis, and as a result, could not enter several businesses during a visit to downtown Main Street in August. The paperwork also describes her as a “tester” for ADA violations.
The court papers said the case was filed for Laser and “on behalf of all others similarly situated.”
The lawsuit alleges “pervasive, ongoing and inexcusable disability discrimination by the defendants” because of architectural barriers. Narrow doorways, steps, lack of ramps, small bathrooms, entrances and exits and other designs at different businesses are among the problems cited.
A request for time off comes across your desk from an employee. The employee is requesting additional time off to accommodate a disability she has. The additional time requested is needed to be able to attend all of her appointments, necessary for her to complete her treatment.
How an employer goes about identifying an accommodation request, and either approving or denying the request, is important in staying compliant with the Americans with Disabilities Act (ADA) and other federal and state laws. Satisfying the obligations required by employers under such laws is necessary to prevent unlawful actions and prevent disability discrimination.
Under the ADA, it is unlawful for certain employers to discriminate against individuals with disabilities; the law further requires employers to provide reasonable accommodations to individuals with a qualified disability. A disability is an impairment that substantially limits one or more life activities. A qualified disabled individual is a person who is capable of performing the essential functions of the particular job or would be capable of performing the essential functions with a reasonable accommodation.