Federal Court Rules in Favor of EEOC in Disability Discrimination Charge against Amsted Rail
A federal judge ruled in favor of the U.S. Equal Employment Opportunity Commission (EEOC) on Nov. 16 in its discrimination charge against Amsted Rail Co., Inc., the federal agency announced today. The judge ruled that Amsted, a leading manufacturer of steel castings for the rail industry, violated federal disability law when it disqualified job applicants based on the results of a nerve conduction test for carpal tunnel syndrome rather than conducting an individualized assessment of each applicant's ability to do the job safely.
According to the ruling in EEOC v. Amsted Rail Co., Inc., No. 14-cv-1292-JPG-SCW (S.D. Ill.), the court found that Amsted's practice screened out job applicants based on a small statistical risk that they might develop carpal tunnel syndrome, violating the Americans with Disabilities Act (ADA). The court also ruled that Amsted violated the ADA when it refused to hire Montrell Ingram because he previously had successful surgery for carpal tunnel syndrome.
American Airlines and Envoy Air to Pay $9.8 Million to Settle EEOC Disability Suit
American Airlines and Envoy Air will pay $9.8 million in stock, which is worth over $14 million if cashed in today, and provide other significant relief to settle a nationwide class disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today. The EEOC's suit said the airlines unlawfully denied reasonable accommodations to hundreds of employees.
"This matter highlights the critical role of the Americans with Disabilities Act in getting people back to work as quickly as possible," said EEOC Acting Chair Victoria A. Lipnic. "The parties deserve credit for working diligently to bring this matter to resolution."
According to the EEOC's suit, American and Envoy violated federal law by requiring their employees to have no restrictions before they could return to work following a medical leave. Under this policy, if an employee had restrictions, American and Envoy refused to allow them to return to work and failed to determine if there were reasonable accommodations that would allow the employee to return to work with restrictions.
Such alleged conduct violates the Americans with Disabilities Act (ADA), which prohibits discrimination based on disability and also requires an employer to provide reasonable accommodation to employees with disabilities unless doing so would cause significant difficulty or expense for the employer. If employees with disabilities are not able to do their current job, even with a reasonable accommodation, employers are obligated to look for a reassignment to another position for those employees.
What American Airlines $10M lesson teaches employers about ADA and workers returning to jobs
Phoenix Business Journal
American Airlines (Nasdaq: AAL) and one of its affliliates, Envoy Air, settled a disability discrimination case earlier this month over when and how disabled and injured workers could return to the job.
The settlement with the U.S. Equal Employment Opportunity Commission totals $9.8 million in American stock, which has a $14 million value if cashed Nov. 20, according to the federal agency.
The case centered around when American and Envoy would allow workers out on disablity or medical leave to return to work and whether the airline was offering reasonable return accommodations under the Americans with Disablities Act.
Serial Plaintiffs' Lawyer Commences Latest Round of Hotel Litigation: How Can Hotels Protect Themselves?
The National Law Review
Just as one flood of lawsuits against Arizona businesses finally dries up, another downpour begins. Peter Strojnik of Phoenix, the same attorney who filed more than 1,100 lawsuits that drew the attention of the Arizona attorney general, has filed approximately 60 new lawsuits under the Americans with Disabilities Act (ADA) against motels and places of lodging in the last three months in federal court in Arizona. Fernando Gastelum, an Arizona resident with a prosthetic leg who uses a wheelchair, is the plaintiff in each of these cases. In each suit, Gastelum claims that he visited the hotel or motel’s website to determine if the property provides the accessible features necessary for him to be able to stay there. He claims that the websites failed to disclose sufficient information about their accessibility and that, upon visiting each hotel or motel, he discovered barriers to access, including a lack of accessible parking spaces, steep ramps, stairs with open risers, and other alleged ADA violations. He seeks orders requiring the hotels and motels to remove the alleged access barriers and revise their websites, and demands damages, including punitive damages and attorneys’ fees.
New Mexico Judge Dismisses 99 ADA Lawsuits as Fraudulent and Malicious
Lexology
On October 26, 2017, a judge dismissed 99 ADA lawsuits, ordered an in forma pauperis plaintiff (a person without funds to pursue the cost of a lawsuit) to pay filing fees of $38,300 and authorized the defendants to file fee and sanction motions.
Surely, this plaintiff’s lawyer rues the day she answered an ad on Craigslist looking for a civil rights lawyer to file ADA litigation in her jurisdiction.
What’s going on?
Hulu sued over claims the streaming service is discriminating against the blind for failing to provide audio track
- The lawsuit claims that the streaming service is discriminating against the blind by failing to provide audio-description and screen reader compatible menus
- Lawsuit, filed in Boston on Monday, insists that by failing to provide these services, Hulu is violating the Americans with Disabilities Act
- Netflix already offers the service after facing criticism for not offering it on show Daredevil which features a blind protagonist
Serial litigant barred from filing frivolous ADA lawsuits
Sonoran News
Arizona Attorney General Mark Brnovich recently announced a serial litigant organization will soon be permanently barred from filing frivolous disability lawsuits against Arizona businesses. A settlement was reached after Maricopa County Superior Court Judge David M. Talamante dismissed more than 1,000 lawsuits filed by Advocates for Individuals with Disabilities (AID).
Numerous states cracking down on fake service dogs
FOX 61
Fake service dogs are causing real problems for the disabled and many states are cracking down with laws to change that.
In Connecticut, there is no law against falsely claiming that a dog is a service dog.
At least 19 other states have laws in place against false representation. If you’re caught posing your pet as a service animal, you can face a penalty of a fine, or in some states, you can be charged with a misdemeanor.
AbiliTrek is building hotel database for travelers with disabilities, aims to fill information void in $17B market
GeekWire
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