New Mexico Orthopaedics Associates Sued by EEOC For Disability Discrimination
New Mexico Orthopaedics Associates, P.C., which owns and operates a medical facility in Albuquerque, discriminated against an employee because of her relationship to a person with disabilities - her toddler daughter, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed.
According to the EEOC's suit, New Mexico Orthopaedics violated the Americans with Disabilities Act (ADA) by terminating Melissa Yalch's temporary job assignment at their facility and failing to hire her for a full-time permanent position as a medical assistant. The reason, the EEOC said, was Yalch's daughter, who has several disabilities.
Disability discrimination, including the discrimination against relatives and associates of a disabled individual, violates the ADA. The EEOC filed suit, EEOC v. New Mexico Orthopaedics Associates, P.C, 15-CV-00557, in U.S. District Court for the District of New Mexico after first attempting to reach a pre-litigation settlement through its conciliation process.
"Workers who have to help relatives with disabilities, especially a small child, have enough challenges on their hands without being treated badly at work or even fired simply because of that association," said Regional Attorney Mary Jo O'Neill of the EEOC's Phoenix District Office. "Employers must comply with federal law or be subjected to the EEOC's vigorous enforcement of it."
EEOC Albuquerque Area Director Derick L. Newton added, "This provision of the ADA -- offering protection to persons treated adversely because of their relationships with individuals with disabilities -- is a unique and integral part of our enforcement efforts." Newton added that this is the first lawsuit of this type brought by EEOC in Albuquerque.
EEOC Sues Wal-Mart for Disability Discrimination And Harassment
Wal-Mart Stores, Inc. violated federal law by failing to provide reasonable accommodations to an employee at its Hodgkins, Ill., store who was disabled by bone cancer and failing to stop harassment of the employee, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed.
According to Julianne Bowman, the EEOC's district director in Chicago, who managed EEOC's pre-suit administrative investigation, the Walmart store initially agreed to comply with employee Nancy Stack's request that the company provide a chair in her work area in the fitting room and limit her scheduled work hours because treatment for bone cancer in her leg limited her ability to walk and stand. After complying with her scheduling accommodation for many months, the store revoked it for no reason. And the store did not ensure that a chair was in Stack's work area, at one point telling her that she had to haul a chair from the furniture department every day, which was of course hard for her to do given her disability. Finally, the store transferred Stack from the fitting room to a greeter position, which did not comply with her restrictions on standing.
Temporary injuries aren't disabilities under the ADA
Business Management Daily
Don’t assume that every injury is a disability. Many times, injuries heal within a few weeks or months with proper treatment and don’t end up as disabilities protected by the ADA.
The treatment phase may require FMLA leave because the injury is a serious health condition.
However, unless the injury substantially impairs a major life function, it doesn’t qualify as disabling under the ADA.
Recent case: Claude slipped and fell in a stairwell at work. He injured his right knee and was out on medical leave for several months. When he returned, his employer discharged him.
Claude sued, alleging that he had been fired because of his new disability. But the court tossed out his lawsuit after concluding that his knee injury, which was treated with physical therapy, didn’t substantially impair a major life function. It was temporary. (Holmes v. New York City, No. 14-CV-8289, SD NY, 2015)
Plasma Biological Services to answer for firing purportedly HIV-positive employee
The EEOC has filed a lawsuit against Plasma Biological Services, LLC, and Interstate Blood Bank, Inc, asserting that the companies violated the ADA by discriminating against an employee believed to be HIV-positive. The companies, which do business as Plasma Biological Services in 30 locations across 14 states, are engaged in the business of drawing human source plasma and selling it for profit.
Pregnancy discrimination guidance updated in light of Young v. UPS ruling
The EEOC has updated its Enforcement Guidance on Pregnancy Discrimination and Related Issues in light of the Supreme Court’s Young v. UPS ruling issued earlier this year in March. The updated guidance reflects the High Court’s conclusion that women may be able to prove unlawful pregnancy discrimination when an employer has accommodated some workers but refused to accommodate pregnant women. In addition to the updated guidance, the EEOC has issued a question and answer document as well as a fact sheet for small businesses.
For the Disabled on the Hill, Access Is Everything
National Journal
Rep. Jim Langevin cast a vote on the House floor and scooted toward an elevator off the Speaker's lobby—chatting with his colleagues as they made room for his wheelchair in the small space—and then hurried out of the Capitol.
Clients defend disability lawsuits in Rochester
Post-Bulletin
The clients behind recent costly disability lawsuits against Rochester businesses say the money they collect will create programs to help disabled people.
"We all suffer with access issues," said Melanie Davis, a student from Jackson, Minn. "The ADA (Americans with Disabilities Act) has been effect for many years. We've gotten tired of not having the same level of access everybody else has,"
JD Supra (press release)
The Supreme Court’s decision does not directly impact any rights or obligations under the Americans with Disabilities Act. The ADA expressly excludes “homosexuality” and “bisexuality” from the definition of disability, as well as “transsexualism,” “transvestism,” and “gender identity disorders not resulting from physical impairments.” Even though same-sex employees now have the right to marry in each state, Obergefell based that right on their sexual orientation. It clearly did not expand the definition of who is considered “disabled” for purposes of the ADA to include LGBTQ status. Attempts to change the definition of “disabled” to include any aspect of LGBTQ status would almost certainly face stiff opposition from the LGBTQ community itself.
Nor does Obergefell apparently expand associational discrimination claims under the ADA, since no spousal relationship is necessary to show association with a disabled individual in the first place. Associational claims have long been recognized for spouses, partners, and others, regardless of gender or marital status.
AT&T, NYU launch challenge to help develop technology for people with disabilities
New York Daily News
The AT&T NYU Connect Ability Challenge is a three-month global software development competition leveraging mobile and wireless technologies to improve the lives of people living with disabilities.
Civil Rights Division Publishes New ADA Technical Assistance for State and Local Governments
The Justice Blog
Statement of Interest: New York City Police Department | PDF
Settlement Agreement: Camp Winnewald
Lawyer Paul Hansmeier goes on a suspicious suing spree
City Pages
Minneapolis attorney Paul Hansmeier represents “brave and determined individuals who are willing to stand up for their rights in the face of bigotry.” Or so he claims.
Truth is, Hansmeier has only recently become a self-styled disability rights champion. Just two years ago, he was working for Prenda Law, which focused on porn copyright. Prenda's MO was to sue people for illegally downloading porn videos. Those who feared public shaming had an incentive to settle without much fuss.
What a difference 25 years have made
Tallahassee.com
The Americans with Disabilities Act, which is now well-known as the ADA, has made a tremendous impact on the landscape of America.
Man claims disability parking at Lerner Theatre is inadequate
WSBT-TV
An Elkhart man says the handicap spots at the Lerner Theatre aren't close enough to the building, and he's trying to do something about it.
Richard Wolf has filed an Americans with Disabilities Act grievance against the city.
Wolf uses a cane and relies on portable oxygen. The city initially rejected his complaint, but then Wolf appealed.
The general manager of the Lerner say his staffers work hard to do everything they can to accommodate guests.
Sister sues city over APD killing of mentally ill veteran
Albuquerque Journal
The lack of mental health services and police trained to deal with mentally ill people is a focus of a new lawsuit filed against the city over a 2013 fatal police shooting of a Vietnam veteran who talked to himself and heard voices.
The lawsuit claims Albuquerque Police Department and the city failed to make reasonable accommodations to ensure safe treatment and transportation under the Americans with Disabilities Act in the July 5, 2013, shooting of Vietnam veteran Vincent Wood, 66, who had diagnoses of mental illnesses. It also alleges multiple civil rights violations.