Settlement Agreement: Mercy Suburban Hospital
EEOC Sues Correct Care Solutions for Disability Discrimination
According to EEOC's complaint, Kevicia D. Cody was hired by Correct Care as a licensed practical nurse on or about April 2, 2012 to work at the Alvin S. Glenn Detention Center in Columbia. Around April 2010, Cody began experiencing seizures, which are currently controlled by medication. According to EEOC, Cody's seizures qualify as a disability under the Americans with Disabilities Act (ADA). Around Jan. 3, 2013, Correct Care learned about Cody's seizure disorder. After Correct Care learned about Cody's disability, the company's director of nursing required Cody to provide medical clearance in order to continue working for the company. Later the same day, Cody provided a note from her treating physician clearing her to return to work with certain restrictions related to her disability. According to the complaint, Cody's medical restrictions did not affect her ability to perform her job duties. However, Correct Care did not allow Cody to return to work. EEOC said that Correct Care placed Cody on unpaid medical leave and ultimately discharged her on Jan. 30, 2013, because of her disability.
Such alleged conduct violates the Americans with Disabilities Act, which protects employees from discrimination based on their disabilities. EEOC filed suit in U.S. District Court for the District of South Carolina, Columbia Division (Equal Employment Opportunity Commission v. Correct Care Solutions, LLC; Civil Action No.: 3:15-CV-04655-MGL-TER) after first attempting to reach a pre-litigation settlement through its conciliation process. EEOC seeks back pay, compensatory damages and punitive damages as well as injunctive relief.
Hoeganaes Corporation Settles EEOC Disability Discrimination Lawsuit
According to EEOC's suit, Hoeganaes offered the applicant a maintenance mechanic position at its Gallatin, Tenn. location, but did not follow through with the offer once it learned he took prescription drugs for an anxiety disorder and high blood pressure, after a pre-employment physical examination. Hoeganaes immediately sent the applicant to his primary care physician (PCP) to obtain clearance. The PCP stated that the applicant "should" be able to perform the job functions. Hoeganaes did not accept this statement, but instead rescinded the job offer without ever allowing the applicant to undergo a physical examination. EEOC said Hoeganaes regarded the applicant as a disabled individual incapable of doing the job.
This alleged conduct violates the Americans with Disabilities Act (ADA). EEOC filed suit (EEOC v. Hoeganaes, Civil Action No. 3:14-cv-01114) in U.S. District Court for the Middle District of Tennessee, Nashville Division, after first attempting to reach a voluntary pre-litigation settlement through its conciliation process.
Besides the monetary relief, the two-year consent decree settling the suit, entered by Senior Judge William J. Haynes, requires Hoeganaes to maintain a written policy prohibiting future disability discrimination in the workplace and will conduct training on the Americans with Disabilities Act for its employees. The decree also requires Hoeganaes to post a notice in its facility containing the terms of this settlement.
Pennsylvania driver's ADA claim hits a red light
HR.BLR.com
A Pennsylvania federal court recently dismissed an employee's Americans with Disabilities Act (ADA) claims for disparate treatment and harassment because he couldn't show he was a "qualified individual" under the Act. The court similarly dismissed the employee's ADA claim for retaliation because he didn't establish a causal connection between his allegedly protected activity and the adverse employment action.
ADA and FMLA compared: When can employers claim undue hardship?
HR.BLR.com
The term "undue hardship" refers to unreasonable or excessive expense or inconvenience that would be necessary on the part of an employer to accommodate an employee. Undue hardship is an exception to the employer's obligation to provide reasonable accommodation.
Disabled woman alleges Walgreens violates ADA standards
The Louisiana Record
A Covington woman is suing Walgreens, alleging lack of handicap access to a building under the Americans with Disabilities Act.
Yadi Mark of Covington, filed a lawsuit Nov. 13 in U.S. District Court Eastern District of Louisiana against Covington Development and Walgreen Louisiana Co Inc.
Housing Department Reaches Agreement with Michigan Lender in Disability Discrimination Case
The U.S. Department of Housing and Urban Development (HUD) has reached an agreement with Mortgage One, Inc., of Sterling Heights, MI resolving allegations of lending discrimination against an applicant with disabilities. HUD claimed that Mortgage One and a loan officer required the mortgage applicant to provide intrusive and unnecessary documentation regarding his disabilities in order to get his loan approved. The Fair Housing Act makes it illegal to discriminate in the terms and conditions of a loan to an individual based on a disability, including demanding different application or qualification requirements.
The case came to HUD’s attention when an applicant for a loan with Mortgage One filed a complaint alleging that the lender delayed his application because of his disabilities.
Federal officials to review restaurants for ADA compliance
Quad-Cities Online
Federal prosecutors say they're reviewing restaurants in Chicago and the suburbs to ensure they comply with the Americans with Disabilities Act.
Zachary Fardon is U.S. Attorney for the Northern District of Illinois. In a news release Wednesday, he says his office "will pursue all reasonable measures to ensure compliance."
Suit claims taxi service overcharges people with disabilities
Sierra Vista Herald-
Legal papers filed Thursday in federal court claim that Total Transit Inc. is violating federal and state laws by imposing a $10 surcharge on people in motorized wheelchairs who can use only an "accessible'' taxi. The Arizona Center for Disability Law is asking Judge Diane Humetewa to block the surcharge by the company, which operates a fleet of taxis under the Discount Cab label.
ROBIN PAGGI: Alcoholism and the ADA in employment
The Bakersfield Californian
After the firing of USC coach Steve Sarkisian in October, there was some discussion about whether his termination was lawful because he apparently has a drinking problem. Even if you’re not a football fan, the situation provides an excellent opportunity for employers to learn about alcoholism in the workplace.
The Americans with Disabilities Act: Failure at Its Supposed Public Policy Purpose
Reason (blog)
Economist Scott Sumner takes a look at the success of the Americans with Disabilities Act in its own terms and finds it wanting.
MyAJC
I can’t pinpoint the exact moment I realized my daughter would never walk. From the earliest doctor’s appointments, my wife and I knew Jordan would be a special blessing with unique gifts and challenges. What we didn’t know was that she would challenge us daily to see beyond physical barriers to love deeply, hope recklessly, and breathe in life’s joy with unrestrained optimism.