Sales rep who said he could do the job under a different boss was not disabled
A former Bloomberg sales rep who alleged that work-related stress caused severe migraines that left him unable to perform his essential job functions did not have a disability within the meaning of the ADA, the Second Circuit held. The employee asserted that he was restricted in the major life activity of working, but that he would not be so impaired if he could only be placed under a different boss. However, the appeals court pointed to the "longstanding, common-sense principle of law that employees who are precluded only from doing their specific job, or from working under a specific supervisor, do not have a 'disability.'" The Second Circuit joined its sister circuits in affirming that, even following passage of the ADAAA, an employee must be unable to perform a "broad range of jobs" in order to be disabled for ADA purposes. ( Woolf v Strada, 2ndCir, February 6, 2020, per curiam)
Epileptic kitchen manager's unlawful discharge claim goes to jury; employer can present direct threat defense
Allowing an epileptic kitchen manager's ADA unlawful termination claim to go to a jury—he was fired after seven years of employment and numerous workplace seizures—a federal court in Texas noted that while Texas Roadhouse had only four "bare-boned" doctor's notes to support its claim that he presented a direct threat to himself or others, a reasonable jury could conclude it satisfied its duty to rely on the best available medical knowledge and objective evidence. However, because termination alone is not enough to impose liability on an employer for failure to accommodate, the restaurant company was entitled to summary judgment as to this claim. (Hunter v Texas Roundhouse, Inc, DIdaho, February 3, 2020, Nye, D.)
Express Mart to Pay $25,000 to Settle EEOC Disability Discrimination
The EEOC charged that the Barnhart, Mo.-based company, which operates nine Express Mart convenience stores near St. Louis, violated federal disability discrimination law by failing to hire a job applicant with Tourette's syndrome and neurofibromatosis for a part-time sales clerk position at its Cedar Hill, Mo., store because of his medical conditions.
According to the EEOC, the store manager refused to consider the applicant for employment because of his noticeable facial tic caused by his medical conditions. The EEOC alleged the store manager told her assistant store manager that she did not want such an individual working in the store and threw away his application.
Such alleged hiring discrimination violates the Americans with Disabilities Act (ADA), which prohibits employers from refusing to consider qualified job applicants because of their physical or mental disabilities. The EEOC filed its lawsuit (Equal Employment Opportunity Commission v. Home Service Oil Co. d/b/a Express Mart, Civil Action No. 4:19-cv-02645JAR) in 2019 in U.S. District Court for the Eastern District of Missouri.
The three-year consent decree settling the suit, entered by Judge John A. Ross, requires Home Service Oil Company to pay compensatory damages of $25,000 to the discrimination victim. In addition to other relief, the company will encourage job applicants with disabilities to apply for open positions; ensure that it has strong policies and procedures in place to prevent disability discrimination; provide training to managers regarding disability discrimination; provide reasonable accommodations to disabled employees and applicants; and report complaints of disability discrimination to the EEOC.
Crawford County ex-deputy wins ADA discrimination ruling
The Crawford County Sheriff's Office has been found in violation of the American with Disabilities Act of 1990 (ADA) by the Equal Employment Opportunity Commission (EEOC).
Jason Tupps, a former sheriff's deputy who is due to stand trial this year for allegedly pulling a gun on a woman in 2018 while intoxicated, filed a complaint with the EEOC in Dec. 2017, charging his former employer with discriminating against him because of a disability.
The Cleveland field office of the commission, in a ruling dated Feb. 5, found reasonable cause to believe that the sheriff's office discriminated against Tupps because of his disability and in retaliation for engaging in protected activity when he was denied reasonable accommodation.
In the months prior to submitting his complaint, Tupps said he experienced medical issues, which he declined to specify, saying he did not want to divulge his medical history.
But Tupps, who worked as a corrections officer at the county jail, told the News Journal that he experienced panic attacks and was taken to a hospital twice — once by ambulance from the county jail, and another time by Commander Kent Rachel when he had a panic attack in the elevator of the courthouse.
"At that time, I was going through some hard times," Tupps said. "I was diagnosed with some things."
Tupps, 44, said he requested a different schedule to accommodate his medical issues, explaining that he had worked a six days on, two days off schedule for 21 years.
An employee who worked four days on, two days off, was getting ready to retire, and Tupps said he requested that shift but was denied.
"Basically they didn't work with me or accommodate me," Tupps said.
The EEOC found that the sheriff's office denied Tupps a reasonable accommodation and violated the ADA by placing him on notice of suspected sick time abuse.
The commission also found that the sheriff's office has a medical leave policy that "tends to discriminate against employees with disabilities by not providing them with additional medical leave as a reasonable accommodation and instead placing them on disability separation after the expiration of a six-month disability leave and discharging them if they do not return from separation within one year," which is in violation of the ADA.
Hospital Sued For Requiring Older Doctors To Undergo Medical Screenings
A teaching hospital in Connecticut affiliated with Yale Medical School is facing age and disability discrimination allegations after imposing mandatory medical testing for doctors 70 and older who seek medical staff privileges. The U.S. Equal Employment Opportunity Commission (“EEOC”) has filed suit against Yale New Haven Hospital, claiming that subjecting older physicians to medical testing before renewing their staff privileges violates anti-discrimination laws.
According to the EEOC, the hospital’s “Late Career Practitioner Policy” dictates that medical providers over the age of 70 must undergo both neuropsychological and ophthalmologic examinations – a policy the federal agency claims violates both the Americans with Disabilities Act (“ADA”) and Age Discrimination in Employment Act (“ADEA”). The EEOC claims that the individuals required to be tested are singled out solely because of their age, instead of a suspicion that their cognitive abilities may have declined. The agency further charges that the policy also violates the ADA because it subjects the physicians to medical examinations that are not job-related or consistent with business necessity.
Justice Department finds Maine in violation of law for limiting disability services
The U.S. Department of Justice has determined that Maine has been violating federal law for years by not providing a man who has several disabilities and medical conditions with the help he needs in his home to go about his daily life, in a finding that could have ramifications for many more people with disabilities.
Pittsburgh poised to pay city firefighter $70,000 to settle discrimination suit
Pittsburgh would pay a city firefighter $70,000 to settle a lawsuit claiming the city violated the Americans with Disabilities Act in 2016 by restricting his duties after he suffered a head injury while responding to a fire call.
In Queens Courts, Unequal Access To Justice Starts At The Stairs
The wheelchair lift at the Queens Supreme Courthouse in Jamaica doesn’t get used — but it’s not broken.
City and state officials can’t agree on whose responsibility it is to operate the lift on Sutphin Boulevard. State court officers say they don’t even have the key needed to turn it on.
The standstill over the lift emerged during an investigation by THE CITY that found some of Queens’ half-dozen court facilities present physical barriers to people with mobility issues seeking access to the legal system.
Among the obstacles:
- Steep ramps leading to basement floors
- Metal barricades blocking wheelchair-accessible entrances
- Push buttons that don’t open doors
- Departments within courthouses that are effectively off-limits to people with limited mobility
Court users and advocates say these conditions add up to discrimination against New Yorkers with disabilities and warp their experiences with the justice system.
Feds to Monitor LA County Vote Centers for ADA Compliance
The U.S. Attorney’s Office will deploy personnel to monitor Los Angeles County vote centers during the February 22-to-March 3 election period for compliance with the federal Americans with Disabilities Act, or ADA, for voters with physical disabilities.
The federal monitoring is part of the U.S. Justice Department’s Americans with Disabilities Act Voting Initiative, which focuses on protecting the voting rights of individuals with disabilities.
A hallmark of the ADA Voting Initiative is its collaboration with local officials to increase accessibility for disabled voters at polling places.
Through this initiative, the Justice Department has surveyed more than 1,600 polling places across the nation and has increased accessibility in more than three dozen jurisdictions.
Specifically, the United States Attorney’s Office will monitor Los Angeles County vote centers for their ADA compliance for people with mobility and vision disabilities.
Individuals who believe they might have been victims of discrimination in voting, including because of disability, may call the U.S. Attorney’s Office at 213-894-2879, email , or complete and submit this form.
“Protecting the fundamental right to vote is essential to our democracy,” said United States Attorney Nick Hanna. “My office has pledged to ensure that all eligible voters may fully participate in the electoral process. Barriers to access must not undermine voting rights.”
This year marks the 30th anniversary of the ADA. The Department of Justice – including the U.S. Attorney’s Office – plays a central role in advancing the nation’s goal of equal opportunity, full participation, independent living, and economic self-sufficiency for all people with disabilities.
The Justice Department will continue to use its enforcement and technical assistance tools to eliminate unlawful discrimination against anyone with a disability.
ADA Complaint Filed Against Under Armour – Friday Night Lights Flag Football Franchise
Discrimination Alleged Against Under Armour and Riverside Under the Lights Flag Football Franchise, Specific to a 6-Year Old Type 1 Diabetic Flag Football Player Girl – Gracie Sevilla; Department of Justice Complaint Filed
(Switching Fashion Editorial):- Riverside, Feb 18, 2020 (Issuewire.com) – Discrimination Alleged Against Under Armour and Riverside Under the Lights Flag Football Franchise, Specific to a 6-Year Old Type 1 Diabetic Flag Football Player Girl – Gracie Sevilla; Department of Justice Complaint Filed
A Federal complaint was filed against the multi-national sports apparel and equipment company – Under Armour, and the Under the Lights Flag Football Franchise, alleging that the local league – Riverside Under the Lights, headed by Cory Wells and the parent league; a Florida based company headed by ex-Arena Football League Quarterback, John Kaleo, willfully discriminated against a person with a qualifying disability – Gracie Sevilla, age 6.
The Complaint, a precursor to a Federal Civil Rights Lawsuit, alleges that willful and malicious discrimination against a person with a qualifying disability under the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12131-12134, and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, occurred and is currently under review by the Department of Justice.
A university denied Lex Frieden admission because he was disabled. Then he fought back
The ADA offers lessons for the fight to end discrimination based on other unalterable characteristics. Texas and the nation still lack laws protecting Americans against discrimination based on gender or sexual orientation. Some businesses are still defending their right to discriminate.