ADA: Do multiple DWIs make someone a disabled alcoholic?
HR.BLR.com
The 8th Circuit—which covers Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota—recently rejected an individual's argument that he is disabled as an alcoholic under the Americans with Disabilities Act (ADA) simply because he has been convicted of driving while impaired (DWI) several times.
WSET
The Equal Employment Opportunity Commission filed a lawsuit in Lynchburg Federal Court against a Bedford company on behalf of a woman who says she didn't get a job because of health issues.
In the 12 page complaint, the EEOC says Bedford Weaving not only violated the Americans with Disabilities Act by asking Pamela Hedrick her medical history when she applied for a job, but also failed to hire her because of it. The EEOC also says the company violated the Genetic Information Non Discrimination Act or GINA by asking her family's medical history.
Unless you're a doctor, don't try medical diagnosis
Business Management Daily
A Texas company has agreed to settle a disability bias suit filed by a former employee after the EEOC accused its HR department of playing doctor in violation of the ADA.
Recent case: A workplace chemical aggravated the asthma of a payroll manager at Baker Concrete in Houston. She asked the company to accommodate her by letting her work from home until her flare-ups subsided. Baker told her she was disabled. Then, deciding that the woman’s asthma would only worsen if she ever returned to work, Baker terminated her.
She complained to the EEOC alleging the company violated the ADA by refusing to accommodate her disability. When conciliation efforts failed, the EEOC filed suit in federal court. That’s when Baker elected to settle.
Under the terms, Baker will pay the woman $58,000 in lost wages, provide ADA training to managers and HR staff and draft an ADA policy that specifically allows telecommuting as a reasonable accommodation. (EEOC v. Baker Concrete Construction, Inc., C.A. 4:14-cv-02746, S.D. Texas, 2014; settled 2015)
Note: Chances are, no one in your HR department is an M.D., so no one there is qualified to render a medical prognosis. In this case, Baker’s HR department determined the manager’s condition would never improve. That’s a job for a doctor.
Lexology
A recent decision by the Ninth Circuit Court of Appeals affirms our faith in the federal courts on issues of workplace violence. In the case of Mayo v. PCC Structurals, Inc., the plaintiff/employee argued that he was a victim of disability discrimination under Oregon law after he was fired for threatening his co-workers. (The court notes Oregon’s disability law is similar to and similarly analyzed as the Americans with Disabilities Act.)
Alcoholism and the ADA: The DOs and DON'Ts of Alcohol Testing in the Workplace
JD Supra
he Americans with Disabilities Act of 1990, as amended (ADA) considers alcoholism to be a “disability.” Individuals who suffer from alcoholism are entitled to the protections of the ADA just as those with significant mental illnesses or those confined to wheelchairs are. Thus, employers should be aware of certain legal issues, concerns, and prohibitions when questioning job applicants or employees about alcohol intake or when conducting alcohol testing.
At its most basic, the ADA prohibits discrimination against individuals with disabilities. This means that employers are prohibited from asking disability-related questions or conducting medical examinations prior to making a conditional job offer. A “disability-related question” is a question that is likely to elicit information about a disability. Examples of these types of questions are, “Do you drink regularly?” or “Have you ever attended an Alcoholics Anonymous meeting?” A “medical examination” is a procedure or test that seeks information about an individual’s physical or mental impairments or health. The ADA considers an alcohol test to be a medical examination.
For purposes of the ADA and alcohol testing, there are three relevant stages in the employment process: (1) pre-offer, (2) post-offer, and (3) active employment. Employers have different obligations towards applicants and employees at each of these stages.
Brookdale Senior Living to Pay $112,500 to Settle EEOC Disability Discrimination Lawsuit
According to EEOC's lawsuit, Brookdale discriminated against an employee due to her disability, fibromyalgia. Bernadine Adams worked for Brookdale as a health and wellness director. After Adams took leave from work due to symptoms of fibromyalgia, Brookdale refused her request for a temporary modified work schedule, an ergonomic chair, and adjustments to the lighting in her office. Further, Brookdale required Adams to remain on leave until she was able to return to work without any restrictions or accommodations. After further requests for accommodation and a discrimination charge, Brookdale fired Adams by letter, stating she "failed to engage in the interactive process within reasonable terms."
Federal lawsuit targets nursing home care
Jacksonville Journal-Courier
Three deaf residents of a Jacksonville nursing home have filed a federal lawsuit against the facility, claiming they were discriminated against because they were not provided the tools to effectively communicate with staff and others.
The civil action against Prairie Village Healthcare Center said residents Mabel Niehls, Delbert Shumate and Marjorie Sympson have been profoundly deaf nearly all their lives and have little understanding of the English language or medical terminology, are unable to lip-read and rely primarily on American Sign Language to communicate.
All three became full-time residents of Prairie Village in 2013 and the facility was aware they were deaf and required American Sign Language interpreters and auxiliary aids to communicate, according to the lawsuit.
School WiFi Blamed for Child's Symptoms
Courthouse News Service
A Boston-area boarding school did not accommodate a 12-year-old student's debilitating sensitivity to the school's WiFi system, according to a lawsuit.
Three anonymous plaintiffs - 12-year-old "G" and his two parents - sued the Fay School, a private institution about 25 miles from Boston. They claim in federal court that the school has not cooperated with them to reduce the child's exposure to WiFi emissions.
Whether Dollar General received but rejected plaintiff’s online application due to past ADA claim was triable issue
Denying Dollar General’s motion for summary judgment on a claim that it rejected a former employee’s online application because he previously complained of disability discrimination, a federal district court in Virginia noted that an auto-generated email called into question the retail giant’s assertion that he never completed an application, as did Dollar General’s shifting reasons for not hiring him. The plaintiff’s discrimination claim failed, though, because he admitted that his monocular vision did not limit his ability to “do everything a man with two eyes can do.” (Wilson v Dollar General Corp, WDVa, August 7, 2015, Kiser, J.)
5 Steps Toward Disability Equality
Huffington Post
Many people don't grasp an issue until they understand it personally. In my case, it took my mom being diagnosed with terminal cancer and assisting her to appointments with doctors, lawyers, military, and insurance issues for me to realize the disparities that exist. There were several public and private facilities we could not navigate or in some cases even enter with her wheelchair, so we'd have to figure out alternatives. This is common. As her son, I was dismayed and angry.
Fictional Mailbag: Can I Fire A Medical Marijuana Cardholder?
Oregon Business
Every once in a while we receive a letter in the (fictional) mailbag that is tough to describe and quite compelling. This week, Isabel, the new HR manager at LabCo (and someone who is new to HR), wants to know whether she may fire the owner’s son for having an Oregon medical marijuana card. In passing, Isabel also makes a number of alarming admissions about her motivation. Here is Isabel’s nerve-racking question and our response to it.