ADA in the News: January 28, 2015

Fired Pharmacist with Needle Phobia Wins $2.6 Million Verdict

Pharmacy Times

A needle-fearing Rite Aid pharmacist who had been fired for refusing to attend mandatory immunization training will receive $2.6 million for his troubles, according to Law360.
A New York federal jury sided with Christopher Stevens, who has trypanophobia, after he was fired in 2011 for refusing to go to the training, which was primarily for administering flu shots. On January 22, 2015, the jury found Rite Aid violated the Americans with Disabilities Act (ADA) and the state’s Human Rights Act, Law360 reported.
Stevens will receive $1.2 million in front pay, $485,000 in back pay, and $900,000 in pecuniary damages.

Kmart Will Pay $102,048 to Settle EEOC Disability Discrimination Lawsuit

Kmart Corporation, a leading national retailer, will pay $102,048 and provide significant equitable relief to settle a federal disability discrimination lawsuit, the U.S. Equal Employ­ment Opportunity Commission (EEOC) announced yesterday.

Cleaning Authority of Plainfield to Pay $15,000 to Resolve EEOC Disability Suit

Mont Brook, Inc., doing business as The Cleaning Authority of Plainfield, will pay $15,000 to a former employee as part of a three-year consent decree resolving a civil rights suit by the U.S. Equal Employment Opportunity Commission, the agency announced yesterday.

Key Issues Facing Places of Public Accommodation at the 25th Anniversary of the ADA

The National Law Review

With all of the presents, decorations, and champagne now firmly in the rearview mirror, January is a time customarily spent reflecting on the year that was and planning for the year ahead. For places of public accommodation, governed by Title III of the Americans with Disabilities Act (“ADA”)—including, among other facilities, retail stores, restaurants/bars, places of lodging, stadiums and arenas, academic institutions, and hospitals and other health care facilities—this exercise is of particular importance.

Wellness program privacy: What will my boss see?

Bankrate.com

With health insurance costs rising, many employers are taking measures to keep a lid on expenses without substantially increasing workers' own contributions toward their coverage. One fast-growing method that employers are using to control health care costs is the corporate wellness program.

These efforts to promote worker well-being can offer financial carrots for employees who participate and sticks for those who say "no thanks."

Feds fault Tampa for booting wounded vet, service dog from park

TBO.com

The City of Tampa violated rules when parks and recreation staff ordered Cesar Silva and his service dog Sophie to leave

Employee's failure to engage in reasonable accommodation precludes ADA suit

Lexology

Why it matters: An employee who failed to take part in the discussions to find a reasonable accommodation for her type I diabetes was responsible for the breakdown in the process and could not sue her former employer for violating the Americans with Disabilities Act (ADA), the First U.S. Circuit Court of Appeals has ruled. When a full-time sales associate began working swing shifts, the erratic hours of the schedule change aggravated her condition. A meeting to discuss scheduling alternatives ended with the employee cleaning out her locker and leaving the building. Despite a subsequent call from her supervisor to return to work and discuss alternatives, the employee refused and contacted the Equal Employment Opportunity Commission (EEOC), which filed suit on her behalf. The First Circuit affirmed summary judgment for the employer, holding that the employee effectively ignored the employer’s efforts to engage in the process of finding a reasonable accommodation and was therefore responsible for the breakdown in the interactive process. The divided panel – a dissent noted that a reasonable jury could view the facts “very differently” – emphasized the need for “bilateral cooperation and communication” between employees and employers during the ADA’s interactive process.

A Fair Shot for Workers with Disabilities

Center For American Progress

Disability can be both a cause and consequence of economic insecurity. It is a cause because disability or illness can lead to job loss and reduced earnings, barriers to education and skills development, significant additional expenses, and many other challenges that can lead to economic hardship. It can also be a consequence because poverty and economic insecurity can limit access to health care and preventive services and increase the likelihood that a person lives and works in an environment that may adversely affect health. As a result, poverty and disability go hand in hand.

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