Oakland Children's Hospital Settles EEOC Disability Discrimination Suit
Oye! Times
An Oakland-based non-profit regional medical center has agreed to pay $300,000 to a former employee with breast cancer and to implement revised policies and training to settle a federal disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.
Lawmakers band together to fight drive-by ADA lawsuits
KCRA Sacramento
California lawmakers are teaming up to fight predatory lawsuits against small businesses.
The move comes after a wave of litigation based on the Federal Americans with Disabilities Act was filed against more than 60 businesses in Stanislaus and Merced counties alone -- and hundreds more were filed up and down the state.
Tap into JAN to Sidestep Federal Disability Law Claims
Bloomberg BNA
With the rising tide of disability harassment claims, the prevalence of mental health issues in the workplace and reports of substantial EEOC settlements on behalf of disabled workers, employers may want to scrutinize their employment policies and practices and seek compliance assistance to avoid potential claims under the Americans with Disabilities Act.
In a Bloomberg BNA interview, Linda Carter Batiste, a Principal Consultant with the Job Accommodation Network (JAN), proffers guidance on how employers may accommodate disabled applicants and employees, implement social media policies to deter disability-based harassment, respond to employee requests to bring animals to the workplace and prepare supervisory personnel to react to workers’ mental health episodes.
ADA: Texas court nixes manager change as accommodation
HR.BLR.com
There's a story on the surface and a story beneath the surface. As human beings, judges are acutely aware of that truth. One judge recently used this insight to dismiss a claim under the Americans with Disabilities Act (ADA).
Could habitually tardy employee prove ADA, FMLA discrimination?
HR.BLR.com
The importance of detailed and accurate records of job performance was recently illustrated in a 7th Circuit—which covers Illinois, Indiana and Wisconsin—decision affirming the dismissal of an employee's claims under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). The court of appeals found that punctuality and regular attendance were essential functions of the employee's job and she couldn't perform those functions given her consistent tardiness.
EEOC Sues S&B Industry for Disability Discrimination
A Fort Worth cellphone repair facility, violated federal law by denying employment to two hearing-impaired applicants because of their disability, the U.S. Equal Employment Opportunity Commission charged in a lawsuit it filed today. The EEOC's suit also alleged that S&B Industry violated the law by denying the two applicants a reasonable accommodation during the application process.
According to the EEOC, Katelynn Baker and Tia Rice went together and applied for jobs with S&B Industry, Inc. (also doing business as Fox Conn S&B) in the company's cellphone repair facility. Baker and Rice went through an interview and orientation process with S&B Industry, during which they received badges. During the orientation, Baker and Rice used American Sign Language to communicate with one another, and the company became aware that they were hearing-impaired. In a meeting with one of the supervisors, Baker and Rice requested that she provide written information about the positions for which they were applying. The supervisor initially complied, but then refused to continue writing information for Baker and Rice, thereby refusing to provide them with a reasonable accommodation. Baker and Rice were told that S&B Industry would not hire them, and their badges were confiscated.
Disability Services Company Sued by EEOC for Discriminating Against Disabled Employees
ValleyLife, a disability support services company, unlawfully discriminated against disabled employees by refusing to provide them with reasonable accommodations in violation of federal law, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today in the United States District Court for the District of Arizona. ValleyLife is an Arizona corporation which provides programs and support services for individuals with disabilities in the greater Phoenix metropolitan area.
According to the EEOC's suit, ValleyLife fired employees with disabilities rather than provide them with reasonable accommodations due to its inflexible leave policy. The policy compelled the termination of employees who had exhausted their paid time off and/or any unpaid leave to which they were eligible under the Family Medical Leave Act (FMLA).
HUD's Fair Housing Act – Service and Emotional Support Animals in Student Housing
PR Web
The HUD’s recent notice on the Fair Housing Act (FHA)* and the American with Disabilities Act (ADA)** have come into the limelight with the growing lawsuits that campus administrators of student housing are facing regarding permissible animals in their premises. Expert Deborah C. Brown will address this issue and help campuses protect themselves from potential litigation in a live webinar hosted by AudioSolutionz on Tuesday, March 10, 2015.
When cancer throws a career curve
Rochester Democrat and Chronicle
Pittsburgh Post Gazette
A federal court has decided to move to Pittsburgh a suit alleging that Moon-based FedEx Ground discriminated against deaf employees.
U.S. District Judge William Nickerson of the District of Maryland granted the company’s request to move the venue because it was more convenient for witnesses. Many of the FedEx employees who developed the policies under scrutiny are in the Pittsburgh area, even some who may no longer work for the company, he wrote in his decision.
Woman with service dog asked to leave TX restaurant by allergic owner
WFLA
A woman in San Antonio, TX, was asked to leave a local restaurant because she had her service dog with her, WOAI reported. The owner of the place said she was allergic to dogs.
ADA Suit Against Marshall Dennehey Survives
Law.com
Marshall Dennehey Warner Coleman & Goggin’s motion to dismiss a suit filed by a lawyer who had worked at the firm failed to persuade a federal judge to toss the case.
U.S. District Judge Berle M. Schiller of the Eastern District of Pennsylvania let the case filed by Erica Serine survive. Serine, who worked in the firm’s insurance coverage and bad-faith litigation practice group for about two-and-a-half years, brought claims under the Americans with Disabilities Act and the Pennsylvania Human Relations Act.
Helping disabled friend get around an eye-opening experience
Charleston Post Courier