Oilfield Instrumentation, USA, Inc., an oilfield services company, violated federal law by withdrawing a job offer to an applicant because of his diabetes, the U.S. Equal Employment Opportunity Commission charged in a lawsuit it filed today.
According to EEOC's lawsuit, on Feb. 4, 2013, Carl J. Devalcourt, III, a Type I insulin-dependent diabetic, applied for a service technician position at Oilfield Instrumentation. Two days later, he interviewed with Tom Walker, a hiring manager. Devalcourt received a job offer and informed Walker that he would like to move forward with the hiring process, which included taking a required drug test and physical examination.
After that, Devalcourt went to Acadian Health Services Clinic for the physical examination. Dr. Francisco Silva examined Devalcourt and determined that he was in "good physical shape" and that his diabetes was "well-controlled." Dr. Silva expressed his concern to Devalcourt that he had Type I insulin-dependent diabetes and wanted to work offshore. However, Devalcourt assured Dr. Silva that he was on an insulin pump, that he had two years of previous experience working offshore as a diabetic, without incident, and that he took necessary precautions to ensure his safety.
After the exam, Dr. Silva contacted Oilfield Instrumentation to inform the company that Devalcourt was a Type I insulin-dependent diabetic. Dr. Silva then informed Devalcourt that Oilfield Instrumentation was no longer interested in proceeding with the employment process. In a letter addressed to Oilfield Instrumentation, Dr. Silva stated that Type I diabetics are "fragile" and determined that Devalcourt was not qualified for the position of service technician simply because he has that condition. EEOC said that Oilfield Instrumentation did not base its decision to withdraw the job offer on the type of fact-intensive assessment mandated by the Americans with Disabilities Act (ADA). Rather, the company simply revoked the offer on the basis of a sweeping determination that Type I insulin-dependent diabetics could not work offshore, regardless of whether the particular diabetic employee could perform the essential functions of his job.
Such alleged conduct violates the ADA. EEOC filed its lawsuit in U.S. District Court for the Western District of Louisiana (EEOC v Oilfield Instrumentation, U.S.A., Inc., Case No. 6:16-cv-01089), after first attempting to reach a pre-litigation settlement through its conciliation process. EEOC is seeking injunctive relief prohibiting Oilfield Instrumentation from engaging in unlawful discrimination on the basis of disability in the future, as well as lost wages, compensatory and punitive damages for Devalcourt, and other relief the court deems proper.
"This lawsuit reminds employers of their obligation to conduct individualized assessments of a person's ability to perform the essential functions of a job," said EEOC Houston Regional Attorney Jim Sacher.
PTC settles with former cop for $300000
The Citizen.com
It was in the summer of 2015 that former Peachtree City cop Shane Ficalore maintained that the city under former Police Chief H.C. “Skip” Clark violated his rights and retaliated against him. The Peachtree City Council on July 21 agreed to a $300,000 settlement of the claim.
The lawsuit identifies four counts for which Shane Ficalore seeks relief. Those include discrimination in violation of ADAAA (Americans with Disabilities Amendments Act), retaliation in violation of ADAAA, retaliation for his exercise of the federal Family and Medical Leave Act (FMLA) and retaliation in violation of Title VII that prevents discrimination on the basis of sex, race, color, national origin.
The suit claims that, as a result of his wife and former police department employee Lisa Ficalore’s claims against the city, and by way of his own claims of disability and efforts to obtain accommodation for his disability, Shane Ficalore suffered discrimination and retaliation by Chief Clark, city officials and the City Council.
“Because Ficalore’s wife filed EEOC charges and discrimination claims, Peachtree City amended its policies to prevent employees from staying on a long term disability beyond their leave under the Family Medical Leave Act (FMLA). This change of policy was applied selectively to Ficalore, but not to other employees of Peachtree City,” the suit claims.
The suit tracks what are said to be significant occurrences from the time Shane Ficalore was hired in August 2005 through February 2014 when he was terminated.
The city later settled Lisa Ficalore’s case for $300,000.
Fulfilling the Promise of the ADA: Innovative Talent Strategies Are Driving Corporate Success
Huffington Post
Each year at this time, those of us who work in the disability space take a very serious look at our progress to fulfill the promise of the Americans with Disabilities Act (ADA), which prohibits discrimination in all areas of public life for America’s 56 million individuals with disabilities. It has been nearly three decades since the ADA’s passage on July 26, 1990, and people with disabilities have seen progress made to increase their access to education, transportation and public places, but, notably, employment is still a hurdle to many.
ADA has made a difference in America
Jamestown Sun
Once a our government does something extraordinarily good. One such event took place in 1990, as Congress passed the Americans with Disabilities Act. President Bush signed it into law on July 26 of that year.
On this 26th anniversary of the world’s first comprehensive civil rights act for people with disabilities, it is appropriate to reflect on its impact on America. As someone who uses a wheelchair to get around, I see the most benefit in the structural environment. New buildings are made with nearly flat entrances. No more huge staircases to keep me out. Doors are wide enough, and generally I can get around in the building and use the restroom. Buses have lifts and ramps.
We see captioning on TV shows, movies and the news. Sign language interpreters are common when emergency announcements are broadcast.
Communication technology is readily accessible for people who have low vision or are blind in something as common as a cell phone.
Of course problems remain. The unemployment rate for people with disabilities is still far too high. This untapped labor force could contribute greatly to business, government and nonprofit employers if given the chance. Not all places are fully compliant with accessibility regulations, and many times accommodations are not offered to those who need them.
But let’s not forget that people with disabilities, as a whole, have made tremendous progress in becoming equal and valued members of society. Happy disability rights day, America!
Can caring for your family get you fired?
STLtoday.com
The Americans with Disabilities Act requires employers to make reasonable accommodations for disabled workers. Pregnancy isn’t a disability, legally speaking. But Williams, the law professor, says some provisions of the ADA can be applied to a pregnancy that is causing problems at work. For instance, a cashier who normally stands at work can be entitled to a stool, or a place nearer the bathroom.
Mills: Hiring individuals with disabilities
Longview News-Journal
If your company is looking for innovative ways to meet budgetary constraints yet still run an efficient, effective business, hiring qualified individuals with disabilities may be a good option and can have a positive impact on the work environment.
The unemployment rate of disabled Americans is nearly three times higher than those without disabilities. It's important not to discount the fact that they can bring a wide range of skills, knowledge and value to an organization.
Employers can also take advantage of programs that encourage the recruitment and hiring of individuals with disabilities, including tax credits which can also help cover the cost of accommodating those employees. For example, a company who hires a disabled individual qualifies for $7,400 in annual tax credits, plus $15,000 in tax credits spent on improving access to the building.