Suncup / Gregory Packaging to Pay $125,000 to Settle EEOC Disability Discrimination Lawsuit
Gregory Packaging, Inc., a nationwide manufacturer and distributor of juice products to school districts and medical institutions, will pay $125,000 to settle a disability discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.
In its lawsuit, the EEOC charged that Gregory Packing fired an employee from its Newnan, Ga., facility after learning that he was HIV-positive. According to the EEOC's lawsuit, the employee worked as a machine operator in the packaging department at the company's Newnan plant. Despite his good job performance and demonstrated ability to perform his job in a safe manner, Gregory Packaging admitted it terminated the employee because of his HIV status.
Such alleged conduct violates the Americans with Disabilities Act (ADA). The EEOC filed suit on Sept. 26, 2014 in U.S. District Court for the Northern District of Georgia (Civil Action No. 3:14-cv-00152) 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 employee, includes provisions for equal employment opportunity training, reporting, and postings.
Jamison Shaw to Pay $27,500 to Settle EEOC Lawsuit
Jamison Shaw, Inc., a hair salon based in Atlanta, will pay $27,500 to settle a disability discrimination and retaliation lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC).
According to the EEOC's suit, in March 2012, Chiquita Cheek asked her employer for an accommodation because of her scoliosis. She asked for a mat to stand on while performing her work, which would have alleviated pain in her back. When the employer refused to grant Cheek the accommodation, Cheek complained that she was being subjected to discrimination. Cheek, who had worked for the employer since October 2011, was immediately terminated after complaining about disability discrimination.
US Attorney puts Philadelphia restaurants on notice for ADA inspections
The Pennsylvania Record
An investigation into 25 popular Philadelphia restaurants and their
compliance to accessibility standards outlined in the Americans With Disabilities Act of 1990 has been launched by the office of the U.S. Attorney for the Eastern District of Pennsylvania.
US Marshal says security firm violated ADA
Southeast Texas Record
A former U.S. marshal has sued his employer for alleged violation of the Americans with Disabilities Act during his service.
According to the complaint, Harrell was employed in law enforcement for more than 40 years and had been a court security officer with the U.S. Marshals Service since 2001, when he lost his job in 2014 due to a false perception that he had diabetes.
The suit says confusion started in 2014 over misinterpreted medical information, and not only does Harrell not have diabetes but it is illegal to terminate a worker for that reason. Akal Security could have admitted to its error and reinstated him but Harrell was terminated May 20, 2014, the suit states.
The lawsuit says Akal subjected Harrell to laborious and time-consuming testing, violating the Americans With Disabilities Act.
Settlement Agreement: Dentex Dental Mobile, Inc.
Motion to Revise and Extend Consent Decree: City of Jackson, Mississippi
Man says Grayson County violated ADA
Southeast Texas Record
A Grayson County man has filed suit against his former employer, citing an alleged violation of the Americans with Disabilities Act (ADA) of 1990 and discrimination.
Marshall Ward brought charges against Grayson County in Sherman, in the U.S. District Court for the Eastern District of Texas, Sherman Division, on Jan. 30, alleging discrimination, denial of reasonable accommodation and wrongful termination.
Court Bars ADA Suits Against State, Tosses $1M Verdict
New Jersey Law Journal
A New Jersey court in a precedential ruling has deemed the state immune from disability lawsuits—and in the process upended a $1.06 million verdict won by a former state trooper.
“We hold that the doctrine of state sovereign immunity precludes plaintiff’s [Americans with Disabilities Act] claim, even though defendants did not fully raise that argument until their motion for a judgment notwithstanding the verdict,” the Appellate Division said March 10 in Royster v. New Jersey State Police.
“We conclude that the issue of state sovereign immunity can be raised at any time during the proceedings,” the court added.
Room for improvement with Miami disability compliance
Miami Student
This week, the Sign Language and Deaf Awareness Club hosted Silence and Diversity Week at Miami University in order to raise awareness for deaf and handicapped culture at Miami.
Kaitlyn Gilfert, the president of the Sign Language and Deaf Awareness Club, hoped the Silence and Diversity Week would educate students and prevent prejudice and discrimination toward others with disabilities.