Settlement Agreement: Ritz Carlton, Inc.
EEOC Launches Direct Video Access to ASL Speakers for the Deaf and Hard of Hearing
The U.S. Equal Employment Opportunity Commission (EEOC) announced today it is launching a new service that will enable individuals who are deaf and hard of hearing whose primary language is American Sign Language (ASL) to communicate directly with agency staff about issues of discrimination they may be facing. EEOC information intake representatives who are fluent in ASL will be available to answer questions and guide callers through the process of filing a charge of discrimination using videophones.
Unique exceptions to the FMLA and ADA
HR.BLR.com
In this article series comparing and contrasting various aspects of the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA), we have covered exceptions to both laws such as disqualifying events, undue hardship (ADA only) and certain situations regarding substance abuse.
Philly.com
AS A deaf employee, Michael MacDonald can do his work as a package handler at the United Parcel Service facility at Philadelphia International Airport without assistance.
But when it comes to employee meetings and to understanding certain things - such as safety and emergency procedures, company policies and procedures, and some other workplace communications - he needs an American Sign Language interpreter.
Federal law - the Americans with Disabilities Act - "requires employers to provide reasonable accommodations to otherwise qualified individuals with disabilities so that they can enjoy equal employment opportunities and participate fully in the workplace," said Julie Foster, an attorney at the Public Interest Law Center of Philadelphia, which filed a lawsuit on MacDonald's behalf.
The lawsuit, filed last month in U.S. District Court in Philadelphia, contends UPS has repeatedly failed to provide MacDonald with an ASL interpreter when he needs one and has failed to provide other reasonable accommodations so he can effectively communicate in the workplace.
As a result, MacDonald has faced "stigmatization, embarrassment, and anxiety over workplace safety," the lawsuit says.
'Attendance point' policy costs employer $1.7M
Hr Morning
It starts out as a simple challenge: Companies need a way to track employee attendance. And employees need a clear set of rules that outline their obligations. But strict attendance policies often run headlong into the Americans with Disabilities Act.
Latest example: The EEOC charged Illinois-based packing company Pactiv LLC with disability discrimination following an investigation that revealed the company, following its policy, charged workers with “attendance points” for medical-related absences.
Pactiv recently agreed to pay $1.7 million to settle a disability discrimination charge filed with the EEOC.
The agreement resulted from an EEOC investigation which found that Pactiv discriminated against individuals with disabilities by disciplining and discharging them according to its nationwide policies to issue attendance points for medical-related absences; not allowing intermittent leave as a reasonable accommodation; and not allowing leave or an extension of leave as a reasonable accommodation.
The EEOC has gone on record saying policies like Pactiv’s violate the ADA because they leave no room for companies to consider leave – or an extension of leave – as a reasonable accommodation to help disabled individuals keep their jobs.
Pactiv agreed to conciliate the matter with EEOC and a class of individuals, including the individual who filed a charge, rather than pursue the matter through litigation.
Lawsuits alleging digital barriers on websites continue
Lexology
Recently, a legally blind plaintiff filed a class action complaint against a leading home improvement and construction products and services retailer alleging that the company violated state law and the American Disabilities Act (ADA) by denying blind individuals equal access to products, services, and opportunities offered on its website. Diaz v. Home Depot, Inc., No. 15-cv-09178 (S.D.N.Y. Nov. 20, 2015). The complaint asserts that the company’s website contains barriers that “make it impossible for blind users to even complete a transaction on the website . . . thus exclude[ing] the blind from the full and equal participation in the growing Internet economy that is increasingly a fundamental part of the common marketplace and daily living.” The complaint further alleges that the company chooses “to rely on an exclusively visual interface” despite having access to technology that could make the website more accessible, such as limiting the use of tables and javascript and making use of alternative text, descriptive links, and resizable text. The plaintiff seeks (i) a permanent injunction requiring the company to take the necessary steps to ensure its website fully complies with ADA requirements so that it is accessible and usable by blind individuals; and (ii) compensatory damages to the plaintiff and a proposed subclass of blind customers.
The lawsuit is one of a number filed in 2015 - including a November 6 complaint against the NBA - under the ADA against companies operating websites with alleged digital barriers preventing blind individuals from accessing the electronic marketplace. According to a DOJ statement regarding its regulatory plans, rulemaking initiatives regarding the accessibility of web information and services provided by public accommodations are not scheduled to be included in the agency’s long-term actions until fiscal years 2017 and 2018.
The Pennsylvania Record
Two men are suing their employer alleging that they were discriminated against because of their disabilities.
Robert Botteon and Richard Bidwell filed a complaint on Nov. 24 in the United States District Court for the Middle District of Pennsylvania against Cascades Tissue Group, claiming that they were retaliated against because of physical disabilities.
Butteon and Bidwell, both employee of the defendant, experienced humiliation and retaliation in the workplace on separate occasions. During his time of employment, Butteon was allegedly confronted by his supervisor who required a medical checkup of the plaintiff and would not allow Butteon to return to work until he had completed these demands. Bidwell experienced similar discrimination after requiring that he undergo a lifting test which would assess his weightlifting abilities. Because of the plaintiffs' refusal to fulfill the demands of Cascades, the men have been denied return to work. They are suing the defendant, claiming violation of the ADA.
The plaintiffs seek compensation of an unspecified amount for all damages suffered and fees incurred. They are represented by Aaron B. Gorodetzer of Sbarbaro Law Office, LLC. in West Chester.
United States District Court for the Middle District of Pennsylvania Case number 3:15-cv-02246
Chattanooga Times Free Press
A deaf couple says a Tennessee hospital discriminated against them by failing to provide a qualified sign language interpreter while their 21-year-old daughter was dying of cancer.
Chris and Donna Cantrell's federal lawsuit against Mountain States Health Alliance in Johnson City was filed Wednesday by Disability Rights Tennessee and the National Association of the Deaf.
National Pain Report
68-year old Judie Bruno his filed a complaint under the Americans with Disability Act regarding discrimination against those who are being refused pain medication they need for their quality of life.
Wrongful Termination & Disability Discrimination: Sarkisian Goes Head to Head With USC
JD Supra
After a much publicized struggle with alcoholism and public firing by the University of Southern California, former head coach for the football team, Steve Sarkisian, has filed a lawsuit against the university.
New batch of ADA lawsuits hits Austin businesses
KXAN.com
Another wave of lawsuits targeting alleged violations of disability access laws hit numerous local businesses Wednesday.
One Austin attorney, Omar Rosales, and his client, John Deutsch, filed more than 25 lawsuits this week in federal court alleging Austin businesses have failed to comply with the American’s with Disabilities Act, according to court records. The two have sued nearly 150 businesses since May, mostly in South Austin.
Uber is accused of failing a huge number of New Yorkers
Business Insider
"People have this mind-set that people with disabilities have no money, we do nothing, we don't shop, we don't go anywhere, and we just sit in our own homes all day and wallow," Jones told Business Insider. "It's not true. We have jobs, we have lives, and we would like to travel like anybody else. Uber isn't accessible for everyone, so there's a good percentage of money that they're missing out on."