Downriver Community Services Fired Counselor Because of Disability, EEOC Charged in Suit
A New Haven, Mich.-based provider of community health services violated federal law by denying a reasonable accommodation to, firing, and then refusing to rehire a female employee because of her disability, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today.
The lawsuit alleges Holly Wiseman was a breastfeeding peer counselor for Downriver Community Services and was denied extended leave to treat her herniated disc in January 2014. The lawsuit further alleges that Wiseman was fired and then denied rehire because of her disability.
Such alleged conduct violates the Americans with Disabilities Act (ADA), which prohibits employers from discriminating against employees because of a disability. The agency seeks to recover monetary compensation for Wiseman in the form of back pay and compensatory damages for emotional distress, as well as punitive damages. EEOC filed suit (EEOC v. Downriver Community Services, Case No. _______ ) in U.S. District Court for the Eastern District of Michigan, Southern Division, after first attempting to reach a pre-litigation settlement through its conciliation process.
"Ms. Wiseman was a good employee, but according to EEOC's investigation the management chose to deny her a reasonable accommodation, fire her, and then refuse to rehire her simply because of her condition," said EEOC Indianapolis Regional Attorney Laurie Young. "EEOC will vigorously pursue violations of the ADA when employers base their decisions upon such grounds."
No formal ADA accommodation request required
Business Management Daily
Employers can’t rely on the lack of a formal reasonable accommodations request as the basis for not providing one if it is obvious the employee is disabled and has informally indicated he needs help.
There are no magic words required, no need to invoke the ADA, the Rehabilitation Act or state disability statutes.
Recent case: When Robert went to work for the Navy, he provided a “self-identification of handicap” form on which he indicated he had an artificial hip. He said that he had a combination of nonparalytic orthopedic impairments that made it hard to walk. He also told several co-workers about his medical conditions.
Once on the job, he asked to use a motorized cart. He testified that he told his supervisors, “I need the cart too. My legs get tired after walking so far.”
On another occasion, he said, “I got a problem walking. I need the cart the same as you do to get around.”
Robert also asked another department if he could use their motorized cart as he had “a problem with [his] hip getting around here, walking.” Robert used that motorized cart for two weeks until his supervisor allegedly “took the keys.”
After the Navy terminated Robert, he sued, alleging failure to accommodate and retaliation for requesting a reasonable accommodation.
The Navy argued it had fired Robert for misconduct and that he had never requested an accommodation for a disability.
The court disagreed. It said Robert had identified his claimed disability—difficulty walking due to an artificial hip—and had requested reasonable accommodations when he asked to use the cart. His disability claims can go to trial. (Scott v. Mabus, No. 13-55277, 9th Cir., 2015)
Lawsuit Filed To Ensure ReImagine Washtenaw ADA Compliant
WEMU
Disability advocates filed a class action lawsuit against MDOT and the Washtenaw County Road Division Thursday.
Carolyn Grawi, of the Ann Arbor Center for Independent Living, says advocates are concerned that the Reimagine Washtenaw project will not follow legal guidelines for sidewalks and curbside ramps in the Americans with Disabilities Act.
How to navigate the challenges of accommodating staff with mental disabilities
PR Week
Given the the rise of disability discrimination claims, many firms will confront the challenge of dealing with an employee whose mental disorder impacts or limits his or her job performance.
Lexology
Do you know what happens when you maintain a policy or practice that requires an employee to return to work without restrictions or “100% healed”? You pay. A lot.
Just ask Brookdale Senior Living Communities. Brookdale employed Bernadine, who suffered from fibromyalgia. According to the EEOC, Brookdale refused Bernadine’s accommodation requests for a temporary modified work schedule, an ergonomic chair, and adjustments to the lighting in her office.
The EEOC also alleged that the Company required Bernadine to remain on “full FMLA until she [was] fully released.” In other words, she could only return if she was able to perform her job without any restrictions or accommodations. Brookdale later terminated Bernadine, contending that the employee caused a breakdown in the reasonable accommodation process.
The EEOC later brought suit on behalf of Bernadine, claiming that the Company’s failure to accommodate and its alleged requirement that Bernadine return “fully released” violated the ADA. Access the EEOC’s lawsuit here.
Of course, these are simply the EEOC’s allegations, and we’ll never get to the truth, since Brookdale and EEOC agreed to settle the case before any discovery occurred. As part of the resolution, as explained in an EEOC press release, Brookdale is required to:
- Pay $112,500 to Bernadine as alleged back pay and alleged compensatory damages.
- Train all local employees and managers on the ADA’s requirements, including the need to provide reasonable accommodation to qualified individuals with disabilities.
- Report to the EEOC if there are any complaints of disability discrimination or retaliation.
Reasonable Accommodation: Short-Term Workers' Comp & Personal Medical Injuries
Does the reasonable accommodation process apply to short-term work comp or personal medical injuries?
DOJ puts pressure on schools and ed techs to provide accessible educational technology
Lexology
In our last alert on the growing interaction between ed tech and disability law, we noted that the Department of Justice ("DOJ") appears to be moving to extend the provisions of the Americans with Disabilities Act ("ADA") to reach entities other than schools that provide online educational programs and services. Another recent DOJ enforcement effort in the education space serves as an important reminder to schools and colleges that they must carefully consider their obligations under the ADA when adopting new learning technologies.
$5M Lawsuit Filed Against PIC Resort For ADA Violations
Pacific News Center
Former employee, Binasto Edmund, says he was fired from his job because of his disability and while he was recovering from back surgery.
Lessons learned from California court's ruling on employers' duty of reasonable accommodation
HR.BLR.com
In my practice advising employers, and sometimes employees, I find that determining, offering, and providing reasonable accommodations to disabled employees can be challenging to the say the least. Often, there is the question of whether the employee has a covered disability, which can involve less than clear medical certifications.
FMLA and ADA interplay part I: Basic statutory obligations
HR.BLR.com
Both the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) often apply to employees who are seriously ill or injured. When this happens, employers may be required to grant leave and to accommodate the employee under both the FMLA and the ADA.
Disabled Latino worker charges ex-employer with discrimination
Southeast Texas Record
A disabled Harris County man is suing his former employer, alleging civil rights violation, disability discrimination and retaliatory discharge in his job loss.
Eriberto Torres of Houston filed a lawsuit Aug. 24 in the Houston Division of the Southern District of Texas against NAES Central Inc., doing business as Amtech Elevator Services, alleging disability and racial discrimination in 2014.
Ensemble??? Telephone with ClearCaptions??? Empowers People with Hearing Loss
Consumer Electronics Net
ClearCaptions, a revolutionary technology
that transforms telephone conversations into text, allowing individuals with hearing loss to both hear AND read the conversation, today announced it will be offering one of its popular platforms the Ensemble telephone with ClearCaptions for just $75 through Factory Outlet Store.
Undetectable disabilities exist in our county
Daily Herald
My friend has a disability. Often we think disabilities are only those that we can see such as a person in a wheelchair or someone with a developmental disability with distinct characteristics like Down’s syndrome or Cerebral palsy. However, there are many other types of disabilities that are undetectable.
According to the Americans with Disabilities Act (ADA), an individual with a disability is a person who has a physical or mental impairment that substantially limits one or more major life activities. The Invisible Disabilities Association (IDA) suggests that the term invisible disabilities refers to symptoms such as debilitating pain, fatigue, dizziness, cognitive dysfunctions, brain injuries, learning differences and mental health disorders as well as hearing and vision impairments. These symptoms are not always obvious to the onlooker, but can sometimes or always limit daily activities, range from mild challenges to severe limitations and vary from person to person.
Many times these invisible challenges can appear to be something completely different to others. For instance, people with intellectual or cognitive disorders may take more time processing information. To someone who is unaware of their challenges, this can easily be mistaken as indifference or unwillingness to cooperate with a request. Anxiety and high stress levels are also common in many individuals. Someone who is unaware that another person is struggling with anxiety may easily see that person as acting suspicious or untrustworthy.
This brings me back to my friend with the disability. Her disability is rare and somewhat invisible because most people have not heard of it, nor could recognize its common characteristics including high levels of anxiety. It is most likely for this reason that during a recent visit to a local store her anxiety was interpreted as suspicious by one of the store cashiers and she was accused of loitering and asked to leave.
Luckily, this particular friend is one of the most courageous people I know. She constantly finds ways to challenge herself to create new experiences that will help her grow. She steps out into a scary world everyday with no idea of how or if she will be accepted by mainstream society. So for her, the experience in the store, though troubling, will not discourage nor define her. However, there are many others with similar disabilities who might use this experience as a reason to avoid future social experiences.
My friend doesn’t blame the cashier and realizes that the woman was just looking out for her employer. However, she does have some thoughts she would like to share with all of us.
“First, we shouldn’t make judgments on people without trying to get to know them," my friend said. "There are many things about others that we can’t see and that we can only find out by talking to them. Because many people without disabilities are hesitant or don’t know how to communicate with those with disabilities, they often avoid great opportunities to learn more about them. We should treat everyone with kindness and respect.”
Meriden hotel to resolve ADA violations
Hartford Business
The owner of the Comfort Inn & Suites in Meriden has agreed to make its property more accessible to the handicapped, according to U.S. Attorney for the District of Connecticut Deirdre M. Daly.
The voluntary compliance agreement between Daly's office and the East Main Street hotel will resolve allegations that the hotel was not compliant with the Americans With Disabilities Act, and avoids litigation and potential fines, Daly's office said.
The Comfort Inn will renovate its rooms, public areas and parking lot over the next 18 months.
The hotel is owned by Ekta Meshva Hospitality of Connecticut LLC, which bought it in December for $4.5 million, according to city records.
Has the Fifth Circuit opened the door for potential liability of staffing companies?
Lexology
In Burton v. Freescale Semiconductor Inc. and Manpower of Texas, LP, No. 14-50944, — F.3d —-, 2015 WL 4742174 (5th Cir. Aug. 10, 2015), the Fifth Circuit reversed the district court’s grant of summary judgment for two employers in a staff-leasing/joint-employer relationship.
Editorial: Everyone should appreciate the impact of ADA
Knoxville News Sentinel
In celebrating the anniversary of historic civil rights legislation the past couple of years, no one should overlook the Americans With Disabilities Act approved by Congress and signed into law by President George H.W. Bush 25 years ago last month.