ADA in the News: July 11, 2014

Dialysis Clinic, Inc. Sued By EEOC For Disability Discrimination
According to the EEOC's lawsuit, Francisca Lee had worked as a nurse at DCI's Sacramento Southgate location for 14 years when she was diagnosed with breast cancer. Lee took medical leave in order to have mastectomy surgery and chemotherapy treatments. Four months later, DCI notified Lee by mail that she was being terminated for exceeding the time limit dictated by its medical leave policy, the EEOC said. This was done despite Lee being on approved medical leave and cleared by her doctor to return to work without restrictions in less than two months. Lee was told that she would have to reapply for open positions. However, when Lee did apply over two months later, she was rejected, and not long after, DCI hired a newly licensed nurse.
JM Hollister clothing loses fight over wheelchair-accessible entrances
Wicked Local Kingston
The state supreme court on Thursday upheld a decision requiring 11 J.M. Hollister clothing stores in Massachusetts, including one in Kingston, to make their entrances accessible to people with disabilities.
The Supreme Judicial Court refused the company's request to overturn a Superior Court judge's decision that was upheld last year by the Appeals Court.
EEOC Sues Genesis Healthcare / Mount Olive Care & Rehabilitation Center for Disability Discrimination
According to the EEOC's complaint, Genesis Healthcare hired Margaret Washington to work as a cook and dietary aide at its Mount Olive facility in June of 2013. Washington has a physical impairment that limits her use of the left side of her body. Shortly after Washington began working for Genesis Healthcare, her supervisor asked her what was wrong with her left arm. Washington explained that she did not have the full use of her left arm, but that she was still able to perform her job duties. A few weeks later, Washington's supervisor informed Washington that she did not believe Washington could perform her job duties without the full use of both arms. Shortly thereafter, Genesis Healthcare fired Washington because she did not have the full use of her left arm.
'Do As I Say' Department: Disability nonprofit sued for disability bias
Business Management Daily
A Detroit nonprofit formed to assist people with disabilities faces EEOC charges that it violated the ADA by discriminating against a deaf worker.
According to the EEOC’s suit, Disability Network denied a deaf independent living specialist reasonable accommodations and then fired him. The lawsuit alleges that the nonprofit refused the employee’s requests to use a TTY-equipped phone and text messages to communicate. Then, the suit says, it refused to consider alternative reasonable accommodations.  
“The irony in this case is incredible,” said EEOC Trial Attorney Nedra Campbell. “Disability Network was formed to help and protect people with disabilities—and so was the ADA, under which we now have to sue them for violating their mandate and betraying an employee.”
The suit, filed in federal court in Michigan, seeks back pay for the employee, compensatory damages for emotional distress, as well as punitive damages.

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