Settlement Agreement: Family YMCA of Greater Augusta
Dollar General Sued by EEOC For Disability Discrimination and Retaliation
The owner-operator of a Georgia Dollar General store violated federal law by discriminating against a job applicant because of her disability and because she complained to the company's human resources department about the discrimination, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it recently filed.
According to the EEOC's lawsuit, on or about Sept. 7, 2015, Terri Mosley applied for a sales associate position at a Portal, Ga., Dollar General store, where she was a frequent shopper. When Mosley appeared for an interview, the store manager refused to interview her, stating, "I didn't know it was you," and told Mosley that she could not work at Dollar General "with that arm." Mosley's left arm had been injured in an automobile accident two years earlier. Mosley promptly contacted Dollar General's human resources department to complain about the discrimination. After doing so, she was never contacted by the store manager for an interview.
Such conduct violates the Americans with Disabilities Act (ADA). The EEOC filed suit (Equal Employment Opportunity Commission v. Dolgencorp, LLC d/b/a Dollar General, Civil Action No. 6:17-cv-00100) in U.S. District Court for the Southern District of Georgia after first attempting to reach a pre-litigation settlement through its conciliation process. The federal agency seeks back pay and compensatory and punitive damages for Mosley, as well as injunctive relief designed to prevent such discrimination in the future.
"Managers and owners cannot refuse to consider workers for open positions because of disabilities," said Bernice Williams-Kimbrough, director of the EEOC's Atlanta District Office.
Antonette Sewell, regional attorney for the Atlanta District Office, added, "People have the right to be considered for employment, regardless of whatever disabilities they may have. We want employers, especially large, national employers, to understand their duties under the law."
Dolgencorp, LLC, is a Kentucky corporation operating more than 12,000 Dollar General retail stores across the country.
JD Supra
The myriad of leave laws and requirements often make em`ployee leave requests an area of confusion, concern and risk for employers. If an employee has a medical condition and must take leave from their job, there may be several laws, benefits and policies that cover the situation. Many employers are familiar with the Family and Medical Leave Act (FMLA) process as well as their own company’s policies for PTO, sick time and short or long term disability. But, that’s not the end of the leave analysis. One thing to keep in mind while navigating the complicated leave process is that leave can also be a form of reasonable accommodation under the Americans with Disabilities Act (ADA) and similar state or local laws. If an employee has exhausted other leave options, but still cannot return to work, employers should explore reasonable accommodations for the employee, including leave as a possible accommodation.
Trending: Website Accessibility Lawsuits Under Americans With Disabilities Act On The Rise
JD Supra
For years, lawsuits under Title III of the Americans with Disabilities Act concerning places of public accommodation were confined to brick-and-mortar physical barriers, such has steps, excessive slopes in parking lots, and routes that were too narrow for individuals in wheelchairs to use. Now, in the e-commerce age, lawsuits complaining that businesses websites are not accessible to vision-impaired users in violation of Title III are on the rise.
Disabled Jacksonville woman sues 40 Jacksonville businesses for discrimination
ActionNewsJax.com
Several owners of the businesses being sued for violating the Americans with Disabilities Act tell Action News Jax the lawsuits aren’t about access, but are instead a shakedown of mom and pop shops for money.
Westfield Law Firm will Sue to Make Handicap-Accessible Parking Available
TAPinto.net
Westfield employment lawyer Fred Shahrooz Scampato wants to make sure that people with disabilities have equal access to what most of us take for granted. That’s why his office is teaming up with the law firm of Jacobson & Rooks in South New Jersey to bring lawsuits against the operators of parking lots and parking garages that fail to adhere to Americans with Disabilities Act and the New Jersey Law Against Discrimination regarding provisions for handicap-accessible parking spots.
Fulfilling the promise of the Americans with Disabilities Act
University of Florida
As the Americans with Disabilities Act turns 27, true equality is still out of reach for many. A UF professor of special education explains why it’s everyone’s responsibility to fulfill the promise of the law.
Get To Know New Nursing Mothers' Law For Nevada Workers
Lexology
Another important aspect to consider is whether there is a medical condition hindering an employee’s normal lactation process. If so, employers should be aware that other laws, such as the Americans with Disabilities Act (ADA), might also apply.
Iowa driver: Why did DOT give me a mental test for using a cane?
DesMoinesRegister.com