Jury in EEOC Suit Says Old Dominion Freight Line Must Pay Former Driver $119,612 for Disability Bias
According to the EEOC's suit, the former driver self-reported an alcohol problem under the company's "Open Door Policy" seeking assistance from Old Dominion. The driver and local management were unaware that the company maintained an unwritten policy of not allowing drivers who self-report alcohol abuse to return to driving. Although Old Dominion would never return the driver to a driving position, the company asserted that it accommodated the driver by offering him a part-time dock position at half the pay and no health benefits. Old Dominion later charged the driver with job abandonment and terminated him in June 2009.
Such alleged conduct violates the Americans with Disabilities Act (ADA). The EEOC filed suit (Civil Action No.2:11-CV-02153 in U.S. District Court for the Western District of Arkansas) against Old Dominion on Aug. 16, 2011 after first attempting to reach a pre-litigation settlement through its conciliation process.
The jury returned a verdict on Thursday afternoon for the EEOC and awarded the former truck driver $119,612 in back pay.
Employee's failure to participate in interactive process dooms ADA claim
Lexology
A diabetic employee who quit her job in response to her employer’s rejection of her suggested “reasonable accommodation” cannot support claims under the Americans with Disabilities Act (ADA), according to the First Circuit Court of Appeals, because she failed to participate in the interactive process in good faith. EEOC v. Kohl’s Dep’t Stores, Inc., No. 14-1268 (December 19, 2014).
Employee handbook 'promise' allows time-barred claims to proceed
HR.BLR.com
Although a carefully drafted employee handbook is a business necessity, poorly drafted or outdated handbooks often serve as litigation magnets. When contemplating legal theories for suing employers, enterprising employment lawyers will often scour employee handbooks in hopes of uncovering an unintended "contract." A recent case highlights the very real possibility that passages in an employee handbook may be interpreted as binding contractual obligations the employer never intended to create.
Re-Entering the Workforce with a Chronic Condition
Healthline
We hear lots of stories about how the miracles of modern medicine have helped people with chronic illnesses like multiple sclerosis (MS), rheumatoid arthritis (RA), HIV, and even cancer get back into the swing of life.
Whether we want to admit it or not, living means working. Our work often defines us. So when we turn the corner in the battle against a chronic illness, we may want the workplace to be a stop on our road to recovery.
Accessibility of government websites often falls short
The Journal News | LoHud.com
Websites are the portal to government, providing information as basic as the day for garbage pickup and services like paying taxes.
But for people with visual impairments or a host of other disabilities that can affect their use of computers or mobile devices, it's still hit-or-miss what they will find when they open the website of their local government, school district or library.
Woman files ADA suit against Pittsburgh over parking
The Pennsylvania Record
A Pittsburgh woman is suing the city for discrimination after it allegedly didn’t allow her to apply for a disability parking space in front of her home.
Bill targets questionable disability lawsuits
U-T San Diego
SB 67 would require a plaintiff bringing a lawsuit against a small business under the ADA to provide evidence of having suffered actual harm. Under SB 67 any judgment would have to be based on the actual harm rather than the arbitrary statutory fines that are currently imposed. The bill would also increase the time period to correct ADA deficiencies from 60 days to 120 days.
Justice Department settlement casts doubt on mandatory medical leave
Lexology
Universities Should Be Well Trained in ADA Compliance and Best Practices for Students with Mental Health Concerns
HIGHLIGHTS:
- On Jan. 12, 2015, the U.S. Department of Justice announced a settlement with Quinnipiac University to resolve allegations that the university violated the Americans with Disabilities Act (ADA) by imposing mandatory medical leave on a student diagnosed with depression.
- Colleges and universities are well advised to review their medical leave policies. Blanket approaches with rigid, pre-established outcomes should be discarded in favor of individualized assessments of risk and reasonable accommodations.
On Jan. 12, 2015, the U.S. Department of Justice announced a settlement with Quinnipiac University, a private institution located in Connecticut, to resolve allegations that the university violated the Americans with Disabilities Act (ADA) by imposing mandatory medical leave on a student diagnosed with depression. Consistent with prior cases, this settlement includes both individual and systemic remedies. The settlement requires Quinnipiac to pay the student $17,000 in compensation for emotional distress, pain and suffering, as well as $15,126.42 for tuition reimbursement. The settlement also requires Quinnipiac to implement several policy changes, including modifications to permit students with mental health disabilities to participate in educational programs and attend classes while seeking medical treatment. ADA training regarding mental health disability discrimination will be provided to all university staff.
10 Steps to Hiring Without Violating Disability Discrimination Laws
JD Supra
Regardless of whether a job applicant has an apparent disability, employers should always follow these 10 steps to reduce the risk of liability for running afoul of the anti-discrimination provisions of the ADA or the FEHA.
Both the Americans with Disabilities Act and the Fair Employment and Housing Act prohibit discrimination based on a job applicant’s disability. See 42 USC §12112; Govt C §§12926(k), (q), 12940(a), (d). Employers should be cautioned to never assume they know whether a job applicant has a disability.