ADA in the News May 12, 2022

151 Coffee to Pay $70,000 to Settle EEOC Disability Discrimination Lawsuit

According to the EEOC’s lawsuit, 151 Coffee closed all its locations in April 2020 as a result of the COVID-19 pandemic. The company sent an email to all employees at the end of April announcing reopening of stores in May and asking employees to confirm whether they would like to return. Two employees with disabilities responded that they were ready to return to work but requested reasonable accommodations because their disabilities placed them at higher risk of serious illness from COVID-19. 151 Coffee denied both employees’ requests for reasonable accommodation, and instead told the two employees they could not return to work until a vaccine for COVID-19 had been developed.

 

RCC Partners to Pay $30,000 to Settle EEOC Disability Discrimination Lawsuit

According to the EEOC’s lawsuit, Subway 701 hired a young man in 2019 after his mother explained to the restaurant that he needed accommodations because of his autism and ADHD. The EEOC said that Subway 701 knew from that conversation that the applicant would need specific in­structions for tasks, redirection, and someone to follow up to make sure he understood the task. But, the EEOC said, Subway did not provide those accommodations when the new hire started work. Instead, Subway 701 fired him after only four shifts because of his disability and/or his need for accommodation.

 

U.S. EEOC and U.S. Department of Justice Warn against Disability Discrimination

Today the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ) each released a technical assistance document about disability discrimination when employers use artificial intelligence (AI) and other software tools to make employment decisions.

Employers increasingly use AI and other software tools to help them select new employees, monitor performance, and determine pay or promotions. Employers may give computer-based tests to applicants or use computer software to score applicants’ resumes. Many of these tools use algorithms or AI. These tools may result in unlawful discrimination against people with disabilities in violation of the Americans with Disabilities Act (ADA).

The EEOC released a technical assistance document, “The Americans with Disabilities Act and the Use of Software, Algorithms, and Artificial Intelligence to Assess Job Applicants and Employees,” focused on preventing discrimination against job seekers and employees with disabilities.

 

U.S. Department of Justice Fact Sheet: Accessibility of COVID-19 Vaccine Websites and the ADA

Ensuring web access for people with disabilities through enforcement of the Americans with Disabilities Act (ADA) remains a top priority for the Department of Justice. As businesses and state and local governments increasingly rely on websites to offer their goods, services, and programs, it is especially important that the online world is usable by all people, regardless of disability.

 

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