ADA in the News January 24, 2022

A.A. v. Bimestefer Statement of Interest

On January 14, 2022, the United States filed a Statement of Interest in AA v. Bimestefer, No. 1:21-cv-02381 (D. Colo.), an action on behalf of children with mental health disabilities who allege they have experienced a revolving door of institutionalization due to Defendant’s failure to arrange and provide for medically necessary care. The plaintiffs allege that they are currently segregated, or at risk of segregation in, institutions because of the State’s failure to provide them with intensive home and community based services.

 

Vantage Oil & Gas Exploration Companies Settle EEOC Disability Claim

Two oil and gas explor­ation companies - Vantage Energy Services, Inc. and Vantage International Management Company Pte. Ltd. - will pay $54,500 and provide training to its managers and human resources staff to resolve a disability discrimination lawsuit filed by the U.S. Equal Employment Oppor­tunity Commission (EEOC), the federal agency announced today.

According to the EEOC’s lawsuit, an employee suffered a heart attack while working aboard one of the defendants’ drill ships off the coast of West Africa. Just days before his scheduled return to work from leave, he was discharged.

 

National Car Dealers to Pay $150,000 to Settle EEOC Disability Discrimination Lawsuit

Car dealers Victory Automotive Group, Inc. and Cappo Management XXIX, Inc. will pay $150,000 and hire a consultant to facilitate changes to their policies and training practices to settle a disability discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.

According to the EEOC’s suit, the joint employers terminated a title clerk working at their Sacramento dealership over fears that she might have cancer. The employee had missed several days of work due to a sudden illness, and then informed management that she had been hospital­ized and was undergoing testing for cancer. The employers promptly fired the employee a day before her anticipated return, despite a medical release allowing her to work. Her termination letter advised her to “focus on her health,” and confirmed that her termination was not performance-related.

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