ADA in the News October 18, 2022

Elwood Staffing to Pay $77,500 to Settle EEOC Disability Discrimination Lawsuit []

An Orem, Utah branch of Elwood Staffing Services, a nationwide staffing company, will pay $77,500 and furnish other relief to settle a disability discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.

The EEOC alleged in its suit that Elwood Staffing rescinded a conditional job offer because the applicant does not have a left hand. Elwood Staffing did not provide any reasonable accommodations to the applicant, the EEOC alleged, and then chose not to hire her because of her disability and/or her need for an accommodation.


Pivotal Home Solutions to Pay $175,000 to Settle EEOC Disability Discrimination Lawsuit []

Pivotal Home Solutions, a home warranty company headquartered in Naperville, Illinois, will pay $175,000 and furnish other relief to settle a disability discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.

According to the EEOC’s suit, a former employee worked at Pivotal Home Solutions (“Pivotal”) as a dispatcher through a staffing agency for nearly six months. During that time, she succeeded in her role, received no negative performance evaluations, and was told that she would likely be hired to work directly for Pivotal instead of through the staffing agency. In January 2018, the employee disclosed to her supervisor that she had a panic attack and had been prescribed medication to treat her post-traumatic stress disorder and anxiety. Shortly thereafter, the supervisor contacted several representatives of the staffing company that placed the employee at Pivotal and requested that she be separated because of her “nervous breakdown.” In two of the phone calls, documented by representatives of the staffing company, the supervisor indicated that the employee had no performance issues but that he wanted to separate her anyway because he believed that the environment was too stressful for her. At least one representative of the staffing company informed the supervisor of the risk of terminating an employee for a medical condition that did not affect her performance, but the supervisor continued to request that the employee be terminated.


DOJ and Des Moines, Washington, dental clinic resolve complaint over Americans with Disabilities Act (ADA) violation []

The U.S. Department of Justice and the Center for Endodontic Care, Inc. d/b/a Dental Specialty Clinic (DSC) have resolved a complaint that the clinic failed to provide interpretation services to a patient who is deaf, announced U.S. Attorney Nick Brown. The clinic agrees to undertake a number of improvements to ensure appropriate interpreter services for clients who are deaf. The complainant in the case will be paid $45,000 in compensation for the discrimination she suffered.

According to the settlement agreement the complainant scheduled emergency dental treatment with the Dental Specialty Clinic (DSC) in June 2020. The complainant had been told by her routine dentist that due to pain she was suffering, she needed to have her wisdom teeth removed and possibly one other tooth, as well as a possible root canal. DSC told the patient it was likely there would not be a sign language interpreter available. The complainant understood that she would be contacted if no interpreter was available. However, the clinic did not contact her, and when she arrived for treatment, there was no interpreter. She was unaware that she agreed to the removal of seven teeth which caused her significant physical pain and emotional distress.

In addition to the $45,000 in compensation to the patient, DSC agrees to institute new procedures such as using an effective communication intake form with each patient and keeping that information in each patient file. The clinic will contract with a qualified interpreter services provider to ensure that there are sign language interpretation services either in person or by video during its hours of operation.


U.S. Attorney’s Office Reaches Settlement with New Jersey Transit to Ensure Equal Access for Individuals with Disabilities at Five Intercity Rail Stations []

The U.S. Attorney’s Office for the District of New Jersey has reached a settlement with New Jersey Transit Corporation (NJ Transit) to resolve findings that its intercity rail stations are not accessible to individuals with disabilities in violation of the Americans with Disabilities Act of 1990 (ADA), U.S. Attorney Philip R. Sellinger announced.

“This Office is committed to ending unlawful barriers to inclusion and equality in our society,” U.S. Attorney Sellinger said. “For too long, people with disabilities have been deprived of equal access to intercity rail stations operated by NJ Transit. In ways large and small, people with disabilities were denied full access to transportation services - whether it was the lack of access to restrooms, no signs, bad ramps, poor access to elevators, or that parking spaces were just too small for those who needed wheelchair access. Through this resolution, we are holding NJ Transit to its obligation to provide accessible transportation services to all. To their credit, NJ Transit has swiftly recognized these deficiencies and already begun to bring its intercity rail stations into compliance with the ADA.”


Feedback Form