Letter of Findings: Georgia Network for Educational and Therapeutic Support | PDF
Waste Connections to Pay $45,000 to Settle EEOC Disability Discrimination Lawsuit
In the summer of 2013, WCI offered a pilot's job to John Frame. During a call from WCI offering him the job, Frame mentioned his wife's disability, at which time WCI ended the telephone call, then called back and withdrew its job offer within hours. EEOC alleged that WCI's decision was based entirely on its learning of Frame's wife's disability status, not on his qualifications or experience as a pilot.
Such alleged conduct violates the Americans with Disabilities Act (ADA), which prohibits employers from making employment decisions based on an employee's (or potential employee's) association with a person who has a disability. EEOC filed suit on Sept. 29, 2014 in U.S. District Court for the Southern District of Texas, Houston Division (Civil Action No. 4:14-cv-02775) after first attempting to reach a pre-litigation settlement through its conciliation process. The consent decree settling the suit, in addition to monetary relief for the applicant, includes provisions for equal employment opportunity training, reporting and postings of anti-discrimination notices.
As a result of the settlement, Frame will receive $45,000, and WCI has committed to observe and obey the ADA in the future, to post a notice of its commitment to the law, and not to retaliate against any person who participated in the case.
Winston-Salem Health Care Company Will Pay $48,000 to Settle EEOC Pregnancy Discrimination Lawsuit
According to the EEOC's complaint, Level Four, a privately owned health care company that specializes in providing orthotic and prosthetic care to pediatric and special needs patients, interviewed and hired Lesley Lawson for a billing and authorization specialist position in early May 2013. In early June 2013, Lawson requested approximately four weeks of maternity leave beginning around August 2013. According to the EEOC's complaint, Lawson's supervisor began making plans to cover Lawson's work while she was away on maternity leave. However, the company fired Lawson in late June 2013 after her supervisor told the company's then-owner about Lawson's maternity leave request. The EEOC said the company unlawfully fired Lawson because of her pregnancy and request for maternity leave.
The Pregnancy Discrimination Act (PDA), an amendment to the Title VII of the Civil Rights Act of 1964, prohibits employers from discriminating against employees due to pregnancy. The EEOC filed suit in U.S. District Court for the Middle District of North Carolina (Equal Employment Opportunity Commission v. Level Four Orthotics & Prosthetics, Civil Action No 1:15-cv-00043) after first attempting to reach a pre-litigation settlement through its conciliation process.
ADA Accommodation: Be Reasonable, But Also Effective
Corporate Counsel
What does it mean to do something in an effective way? It’s a question many of us ask daily, usually before getting our hands on a caffeinated beverage. But Daniel Schwartz of Shipman & Goodwin recently analyzed it in a different context: what does it mean to provide reasonable accommodation to an employee with a disability?
Schwartz notes this line of Americans with Disabilities Act inquiry is not a new one, but that a recent case has added some “layering to that discussion.” In the case, an employee who worked at IBM and had a hearing impairment asked for captioning of videos on the company intranet. There were more than 46,000 video files in the online library and only 100 of them had captioning. IBM provided him with sign language interpreters, but he found the process cumbersome.
The determination of reasonableness for accommodating employees usually is fact specific, according to the U.S. Court of Appeals for the Second Circuit. But in this case the court said a summary judgment can be granted when the accommodations are “plainly reasonable,” explains Schwartz. He says this is an important standard that wasn’t previously used.
As for what constitutes a “reasonable accommodation,” the court said it must be “effective.” It need not be perfect or what the employee asked for, but must do the job, which the court said the interpreters did in this case. “For employers, showing that you have entered into the interactive process with employees and provided what it believes to be an ‘effective’ reasonable accommodation can still provide a path to success if sued,” says Schwartz.
Americans with Disabilities Act transition plan being updated
Edmond Sun
Ever since the Americans with Disabilities Act (ADA) became law in 1990, federal law has stipulated that state and local governments make their programs and services accessible to persons with disabilities.
The City of Edmond recognized that the last ADA Transition Plan was created in 1992 and is outdated. This week the council agreed 5-0 to update its plan over the course of 20 years.
Accessology, a consultant firm based in McKinney, TX, was hired to complete Edmond’s ADA Transition Plan in 2014, said Jim Smith, assistant city manager.
“They essentially did an assessment of all city facilities, which included roads and parks to develop a list of projects to remove barriers,” Smith said. “The total cumulative cost is estimated at about $27 million.”
About $20 million would be spent on public sidewalks on arterial corridors. The majority of the ADA compliance updates will take place as roadways are improved, Smith noted.
Projects that present immediate hazards or one’s that involve a complaint will be the top priorities.
Meagan Justus: Courts shouldn't be only option for accessible society
Post-Bulletin