DOL awards $15M in grants to expand employment opportunities for people with disabilities
HR.BLR.com
Six states will receive grants totaling $14,911,243 to improve employment opportunities for adults and youth with disabilities, the U.S. Department of Labor (DOL) has announced. The grants to Alaska, Georgia, Hawaii, Iowa, New York, and Washington are being awarded as part of the Disability Employment Initiative, a joint initiative of the department's Employment and Training Administration and the Office of Disability Employment Policy.
Floyd Medical Center to address deaf patient concerns as part of settling 3 ADA complaints
Northwest Georgia News
Floyd Medical Center has agreed to take steps to improve communication with the deaf community as part of a federal settlement.
The agreement comes after complaints were filed against the hospital, according to the U.S. Attorney’s Office. FMC also agreed to pay $75,000 to the complainants.
The U.S. Attorney’s Office initiated an investigation after receiving three complaints alleging that FMC violated the Americans with Disabilities Act by failing to provide appropriate auxiliary aids and communication services.
The Pennsylvania Record
A Pennsylvania worker is suing a major U.S. business in Allegheny County on charges of civil rights violation in her 2014 employment status, involving allegations of extreme hostility from a co-worker which she claims went unanswered.
Laura Simone of Aliquippa sued Xerox Corp. of Pittsburgh in the U.S. District Court for the Western District of Pennsylvania Sept. 30, claiming infringement of the Americans with Disabilities Act following her February 2014 medical leave.
According to the complaint, Simone was employed by the defendant beginning in 1998 and had an exemplary record. Prior to her disability leave, she was earning more than $100,000 annually including sales commissions.
The suit states that she incurred spinal problems, accompanied by depression, anxiety and post-traumatic stress disorder, which required medical leave. As of the time of the filing, Simone is still on leave.
Employer's documentation defeats 'associational discrimination' claim
HR.BLR.com
The 6th Circuit upheld the dismissal of Williams' associational discrimination claim. In doing so, the court discussed three theories of associational disability discrimination: (1) expense, (2) disability by association, and (3) distraction.
Under the expense theory, an employer violates the ADA if it takes an adverse employment action against an employee because of the cost of insuring an associated disabled person. Under the disability by association theory, an employer violates the ADA by taking an adverse action against an employee because it fears he may contract a disabling disease from a person with whom he is associated or fears the employee is genetically predisposed to develop a disability that his relatives have.
Under the distraction theory, an employer can violate the ADA by taking an adverse action against an employee because he has been "somewhat inattentive at work because of the disability of [an] associated person."
Like the trial court, the 6th Circuit found that Williams did not produce evidence to support his claim that FOL terminated his employment because of his wife's disability. The court noted that the only evidence he provided to support his expense theory claim was that he—not FOL—raised the issue of health insurance costs when discussing his future at the company. Neither Gibson, Woodall, nor Crossland responded to his comment.
Likewise, Williams presented no evidence that his wife's disease was contagious or that his supervisor feared he would infect other FOL employees. Finally, he offered no evidence that FOL terminated him because it thought he was being inattentive at work because of his wife's illness. Williams v. Union Underwear, Inc., d/b/a Fruit of the Loom, 2015 WL 3514384 (6th Cir., June 5, 2015).
Philadelphia woman sues Temple University for alleged unlawful termination
The Pennsylvania Record
A Philadelphia woman is suing Temple University for alleged violations of the Americans with Disabilities Act and the Family and Medical Leave Act.
Gwendolyn Warren, who worked for the university performing custodial and cleaning duties for around four years, filed suit on Sept. 28 in the U.S. District Court for the Eastern District of Pennsylvania against the university.
Warren claims to have suffered a work-related back injury in September 2014 and was forced to take about two weeks off from work. On Oct. 2, 2014, a few weeks after her medical leave ended, her employment was allegedly terminated.
The claim states that Temple University terminated her employment for leaving campus during her shift. Warren alleges she went outside to pick up medication from her daughter, never leaving the campus. Warren claims she believes she was actually terminated for exercising her FMLA rights and taking the previously mentioned medical leave. The claim also alleges discrimination against her health conditions resulting from the injury.
Warren is seeking an unspecified amount of money in damages plus litigation costs and any other damages deemed appropriate by the court. She is represented by Ari R. Karpf of Karpf, Karpf & Cerutti P.C. of Bensalem.
U.S. District Court for the Eastern District of Pennsylvania case number 2:15-cv-05325-TJS.
Fired Rutherford Assistant DA Files Discrimination Suit Against Former Boss
Nashville Scene
A former state assistant district attorney, dismissed a year ago after a mistrial in a case she was prosecuting, has filed a discrimination suit in federal court against her former boss.
Laural Hemenway, who worked for Tennessee’s 16th Judicial District for 14 years, filed suit Tuesday against Jennings Jones, the district attorney in the 16th, which covers Rutherford and Cannon counties. The suit alleges violations of her civil rights and a failure on Jones’ part to offer her accommodations under the Americans with Disabilities Act after she experienced a decline in her health.
Larimer program aims to lower jobless rate for disabled
BizWest Media
A nonprofit group in Larimer County is hoping to lower the unemployment rate for adults with intellectual and developmental disabilities.
Should employees watch their waistline at work?
Lexology
According to the CDC, more than one-third of U.S. adults are obese. But what does this mean for the workplace? This past month, Air India demoted 125 cabin crew members after they failed to reach what the company deemed an adequate BMI. This raises some interesting questions for U.S. employers. While the federal government has not formally recognized obesity as a protected class, several courts have recognized severe obesity as an impairment under the Americans with Disabilities Act. That’s not all. Several state and local governments have enacted measures prohibiting discrimination in employment based on weight. As obesity rates in American continue to rise, so does the trend towards protecting employees from discrimination based on weight.
Federal suit claims Seattle puts those with disabilities at risk with “crappy curbs”
Q13 FOX
A federal lawsuit claims that the city of Seattle is putting people with disabilities in danger with "crappy curbs."
How Telerobotics Can Reshape Our Workspace
TechCrunch
Combining telerobotics with other technologies that are already enhancing our work and living spaces could be a great boon to employers looking to tap into diverse talent pools. In its Global Human Capital Trends 2015 report, Deloitte lists “Machines as Talent” as one of the major trends and encourages Human Resources professionals to “focus on the opportunities cognitive technologies offer through collaboration between people and machines to help make companies more efficient, productive, and profitable, and jobs more meaningful and engaging.”
Delta Airlines needs some serious disability awareness training
eTurboNews
October is National Disability Employment Awareness Month. It was established by congress to raise awareness of the employment needs, and contributions of, individuals with all types of disabilities. I am the CEO of a non-profit organization that provides services to the disabled, such as assisting a client fly on an airline with a service animal, or reserving a hotel with ADA accessibility, among other things. We started the company after seeing travel suppliers disrespect handicapped passengers and violate disabled traveler rights.