Settlement Agreement: Arlington County Sheriff
Always consider disability accommodations
Business Management Daily
Even if you believe no accommodation is possible for a disabled worker, the ADA requires you to at least consider the possibility. Always discuss the possibilities with the employee before deciding she can’t be accommodated.
Recent case: Roberta began working for Trinity Health in 2007 as a respiratory therapist in the cardiopulmonary department. She has cervical spinal stenosis, a degenerative disease of the spine. She requested FMLA leave to have surgery on her neck. Trinity approved her request.
When she returned to work, Roberta gave Trinity a “Return to Work Form,” in which her doctor outlined her physical restrictions. It noted she would be restricted to working eight-hour shifts and could lift, carry, pull or push no more than 10 pounds. Management agreed to allow her to temporarily work eight-hour shifts instead of the usual 12-hour shifts others in the department worked. However, Trinity warned Roberta it could not indefinitely accommodate the restriction.
Shortly after she returned to work, Roberta learned that she and the other technicians needed to renew their life-support certifications, which required passing a written and physical test. Roberta explained that she had to wait a few months to take the physical part because of her medical restrictions.
She was terminated, since the certification was a part of her job requirements.
Roberta sued, alleging that her request for additional time to take the test was a request for reasonable accommodations. That, her lawyers argued, meant that Trinity should have opened discussions and discussed potential accommodations, including reassignment to open positions. Instead, the employer fired her without discussion.
The court said Roberta’s case could go forward. It decided Trinity had refused to engage in the ADA’s interactive accommodations process. (Kowitz v. Trinity Health, No. 15-1584, 8th Cir., 2016)
Arkansas Man Wins Lawsuit. Was Fired From McDonald's For Being HIV+
Instinct Magazine
A McDonald’s restaurant owned and operated by Mathews Management Co. and Peach Orchard Inc. in Bentonville, Ark., will pay $103,000 and furnish other relief to settle a disability discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced.
EEOC’s lawsuit challenged McDonald’s treatment of an employee when the restaurant fired him within days of learning of his HIV-positive status. The suit also charged that the companies’ policy of requiring all employees to report the use of prescription medication is also unlawful.
Such alleged conduct violates the Americans with Disabilities Act (ADA). EEOC filed suit (Mathews Management and Peach Orchard, Inc. d/b/a McDonald’s Store # 32295, Civil Action No. 5:16-CV-05166TLB) in U.S. District Court for the Western District of Arkansas, Fayetteville Division, after first attempting to reach a voluntary pre-litigation settlement through its conciliation process.
After EEOC filed suit, the former employee intervened in the case with his own lawsuit and was represented by Joshua L. Bailey of the Hogue Law Firm in Fayetteville, Ark.
In addition to the monetary payment, the companies will also conduct disability training for its managers and revise their policy requiring mandatory disclosure of prescription medications.
5 ways employers can promote the mental health of employees
Myjoyonline.com
An estimated 10.4 million American workers use illegal drugs and 24% report drinking alcohol during the workday at least once in the past year. Major depressive disorder affects an estimated 14.8 million people ages 18 and older.
Depression is one of the top three problems employee assistance professionals confront in the workplace. Moreover, work itself can play a significant role in the development of mental health issues. Many Americans work more hours without an associated increase in pay, and 83% feel stressed about their jobs.
Glen is a supervisor at a large manufacturing plant that employs 4,600 people. The work at his plant entails operating expensive, potentially dangerous machinery requiring a high level of alertness. Given the statistics mentioned above, there is a high likelihood Glen will encounter one or several employees who are struggling with alcohol or substance abuse or mental health issues. Glen must walk a fine line between safeguarding the company’s assets and the well-being of his charges. There are several key ways to promote the mental health of employees while protecting a company’s legal and financial interests.
Judge dismisses federal Americans with Disabilities Act complaint against Richmond sheriff
Richmond.com
A federal judge has dismissed a lawsuit filed by the U.S. Department of Justice alleging Richmond Sheriff C.T. Woody Jr. violated the Americans with Disabilities Act.
In a 27-page ruling last week, U.S. District Judge Robert E. Payne tossed the disability discrimination suit. He ruled that Woody did not violate the Americans with Disabilities Act by failing to assign a deputy sheriff to a civilian job at the city jail when she no longer could perform as a deputy.
Cooperation Imperative In Searching Electronically Stored Information
Lexology
Senior United States District Judge Terrence McVerry granted a party’s motion to compel the opposing party to meet and confer regarding search terms to apply to electronically stored information.
In Pyle v. Selective Ins. Co. of Am., 2016 U.S. Dist. LEXIS 140789 (W.D. Penn. September 30, 2016), Plaintiff Pyle brought claims against former employer, alleging disability and age discrimination in violation of the Americans with Disabilities Act, the Age Discrimination in Employment Act, and the Pennsylvania Human Relations Act. In discovery, the plaintiff served a document request on the defendant for “all emails, correspondence, memorandum, and/or other documents” from a number of the defendant’s employees. In response, the defendant produced some documents and advised the plaintiff that “[i]n addition to the documents produced, additional email archives for various Selective employees have been retrieved.” The defendant requested that the plaintiff agree on appropriate search terms to locate relevant documents from the emails that had been collected. When the plaintiff refused, the defendant again asked the plaintiff for a “suggested list of search terms…so that we can agree on a common set of terms so that electronic records [Selective] has gathered can be searched for relevance.” After the plaintiff again refused, the defendant brought a motion seeking an order compelling plaintiff to provide ESI search terms.
The Court found that the plaintiff’s argument “borders on being incomprehensible.” Focusing on the Federal Rules of Civil Procedure’s meet and confer requirements and the “well settled” principle that electronic discovery should be party-driven, the Court granted the defendant’s motion and required the plaintiff to meet and confer regarding potential ESI search terms.
This case emphasizes the importance of cooperation in the electronic discovery process. In particular, a party requesting ESI should be prepared to work cooperatively with its opponent to determine agreed search parameters.
Students With Disabilities Develop Guide For Schools For Promote Awareness And Inclusiveness
Alexandrianews.org
Students with the Virginia Board for People with Disabilities’ Youth Leadership Forum and the Virginia Department of Education’s I’m Determined Project have published “A Guide to Planning an Inclusion Project” to help school communities raise awareness about disabilities and the importance of building inclusive school communities.
Scottsdale firm unveils exam table for wheelchair users
Phoenix Business Journal
Medical Accessibility LLC is unveiling a medical examination table for wheelchair users.
Before starting the company with his wife and a couple of other partners, Paul Farber was an Americans with Disabilities Act expert and attorney who saw a rise in lawsuits against medical facilities.
WOYM: How do Roanoke Valley's venues accommodate the disabled?
Roanoke Times
Almost 2000 years after those words were written, the Gospel became law in 1990 upon the Americans with Disabilities Act’s signing.
The intent was to bar discrimination against the physically challenged “in all areas of public life,” says the ADA National Network website.
Many doors thus opened.
The disabilities act is divided into five sections, called “titles,” that break down according to that portion of public life.
Of particular interest here is Title III, the section that addresses access to public facilities.