McPhee Electric and Bond Brothers to Pay $120,000 to Settle EEOC Disability Discrimination Suit
In its lawsuit, the EEOC charged that McPhee and Bond unlawfully refused to hire an applicant as a carpenter because of his disability, dyslexia, which substantially limits his ability to read. The applicant had 15 years of experience as a carpenter. He also had numerous construction safety training certifications and a clean safety record. However, Bond and McPhee refused to hire him after learning about his dyslexia while asserting that the applicant would present a safety risk.
Such conduct violates the Americans with Disabilities Act (ADA), which protects employees and applicants from discrimination based on their disabilities. The EEOC filed suit filed on May 1, 2014 in U.S. District Court for the District of Connecticut (Civil Case No.: 14-CV-00587) after first attempting to reach a pre-litigation settlement through its conciliation process.
In addition to monetary relief, the consent decree settling the suit requires that McPhee and Bond provide training on employment discrimination laws, including the ADA. The three-year consent decree also requires McPhee and Bond to distribute revised policies and procedures on non-discrimination, including procedures for requesting reasonable accommodations and making complaints The decree also requires the companies to provide annual reports to the EEOC concerning all complaints of disability discrimination and requests for reasonable accommodations.
Feds say Miami University failed to accommodate disabled students
Columbus Dispatch
In a federal court filing, the U.S. Justice Department accused Miami University of failing to give students with disabilities the technology and accommodations they need to learn.
The department joined an existing lawsuit against Miami filed last year by a blind student who said the school promised to accommodate her, but failed to deliver.
After student Aleeha Dudley filed her federal lawsuit in January 2014, the Justice Department investigated and concluded that Miami had violated the Americans with Disabilities Act. The department also is working with both sides to reach a resolution out of court.
Motion to Intervene: Miami University | Complaint
Project Civic Access Agreement: Chaves County, New Mexico
ADA: When do disabilities pose a 'direct threat' in the workplace?
HR.BLR.com
The Americans with Disabilities Act (ADA) prohibits employment discrimination on the basis of disability. The ADA also requires employers to reasonably accommodate disabled individuals who are qualified for a position. However, the Act recognizes a “direct threat” defense for employers that have been sued for disability discrimination
A “direct threat” involves a “significant risk of substantial harm to the health or safety of the [employee] or others that cannot be eliminated or reduced by reasonable accommodation.” If an employer can prove a disabled person poses a direct threat to himself or others, it isn’t required to hire or continue to employ the individual.
For some time, there has been uncertainty on exactly what an employer must establish to use the “direct threat” defense in ADA discrimination claims. A recent U.S. 10th Circuit Court of Appeals—which covers Colorado, Kansas, New Mexico, Oklahoma, Utah, and Wyoming—decision that applies to Oklahoma employers provides valuable guidance.
JD Supra
A recent decision of the U.S. Court of Appeals for the Fourth Circuit (the federal appeals court that covers Virginia, North Carolina, West Virginia, Maryland, and South Carolina) reconfirms what many employers have long suspected -- almost all physical and mental impairments will meet the definition of “disability” under the Americans with Disabilities Act (“ADA”), as the law was amended in 2008. Under the ever-broadening definition of “disability,” employers may now be required to provide reasonable accommodations to a larger number of employees.
Business groups say ADA doesn't entitle blind Pfizer worker to driver
Reuters
Three major business groups have asked a U.S. appeals court to uphold the dismissal of a former Pfizer Inc sales representative's suit claiming the pharmaceutical giant violated federal law by refusing to provide her with a full-time driver when she became legally blind.
In an amicus brief accepted Tuesday by the 4th U.S. Circuit Court of Appeals, attorneys from the U.S. Chamber of Commerce, National Federation of Independent Businesses and Equal Employment Advisory Council said providing a driver for a job that requires constant traveling is not a reasonable accommodation under the Americans with Disabilities Act.
What Does the Latest EEOC Guidance Mean for Wellness Plans?
JD Supra
For years employers have been designing their wellness plans to satisfy the requirements of the HIPAA regulations. While the HIPAA compliance roadmap was clear, there was uncertainty as to when a wellness plan would satisfy the requirements of the Americans with Disabilities Act (ADA) when the wellness plan included disability-related inquiries, or medical examination or inquiries, including medical history questions. After years of employer requests and a number of EEOC lawsuits alleging that certain wellness plan practices violated the ADA, the EEOC has issued proposed regulatory guidance regarding wellness plan compliance with the ADA.
Student sues university after twice failing to pass course
New York's PIX11 / WPIX-TV
A Pennsylvania nursing student is suing Misericordia University officials after she twice failed to pass a course.
Jennifer Burbella of Stroudsburg was enrolled at Misericordia University, but her attorney said because of disabilities including anxiety, depression, and stress, she needed help. Burbella claims school officials failed to abide by federal law, according to WNEP.
According to a federal lawsuit, Burbella asked for extended time to complete exams and communication with a professor during a test. She claims Misericordia officials did not follow through on those things, so she failed to pass the required course twice.
Myhorrynews
A complaint stemming from an Horry County man who was denied service at the Carolina Forest Subway because he was accompanied by a service dog has been settled, according to a news release from the U.S. Attorney's Office.
Eatery sued over famed eco-friendly bathroom by paraplegic man
New York Post
One of New York’s most famous — and eco-friendly — restaurant bathrooms is under legal attack from a paraplegic Brooklyn man who is suing because it is not wheelchair-accessible.