Pactiv to Pay $1.7 Million to Settle EEOC Disability Discrimination Class Investigation
The agreement results from an EEOC investigation which found reasonable cause to believe that Pactiv discriminated against individuals with disabilities by disciplining and discharging them according to its nationwide policies to issue attendance points for medical-related absences; not allowing intermittent leave as a reasonable accommodation; and not allowing leave or an extension of leave as a reasonable accommodation.
Such alleged conduct violates the Americans with Disabilities Act (ADA). Pactiv agreed to conciliate the matter with EEOC and a class of individuals, including the individual who filed a charge, rather than pursue the matter through litigation.
The settlement provides monetary relief to those who have already been discriminated against, and also ensures the company will take proactive measures to prevent discrimination from occurring. According to the agreement, Pactiv will:
- conduct ADA training at each of its locations nationwide;
- revise and distribute its ADA policy and procedures, including those related to providing reasonable accommodations to employees; and
- revise and distribute nationwide its new attendance policy that will not assess points for disability-related absences.
The company will also provide periodic reporting to EEOC on all accommodation requests from employees and on all employees separated or assessed attendance points, and post an internal notification to its employees nationwide of this conciliation.
Alcohol use – can you regulate and/or discipline an employee for using alcohol outside of work?
Lexology
While you might think the answer is pretty straightforward – it is NOT. Attorneys often respond by saying, “it depends.”
If an employee’s use of alcohol (or any other legal product) outside of work is negatively impacting their performance or resulting in them coming to work impaired, then you can issue discipline in line with your policies and procedures for that conduct.
Why Accessibility Is More Than A Social Responsibility
ARC
Raising awareness is just one way to show why accessibility matters and what it involves in a modern tech-centric society.
Is your website ADA-compliant? Does it need to be?
Lexology
Title III of the Americans with Disabilities Act (ADA) requires any “place of public accommodation” to be accessible to persons with disabilities. The ADA does not directly define “place of public accommodation.” Instead, it sets forth a long list of examples, such as hotels, restaurants, theaters, retail establishments, hospitals, business offices, transportation stations, museums, parks, schools, recreation facilities, and the like. 42 U.S.C. § 12181(7).
Time for Congress to curb abusive ADA lawsuits
The Hill (blog)
Doughnuts to Go is a small family-owned shop in California managed by Lee Ky. Like any small business, its success depends on the hard work and grit of the folks who run it. Her success was threatened in 2012 when Doughnuts to Go was sued by ADA trolls for alleged violations of the Americans with Disabilities Act (ADA). The lawsuit alleged minute violations, including: a mislabeled table, door handles being off by a few centimeters and the trashcan in the bathroom being in the wrong place. Lee was outraged and surprised by this lawsuit. Even more so because she is disabled herself, confined to a wheelchair and runs her store without any barriers to access. Lee was targeted by a serial plaintiff who never set foot in her store and whoalso sued nearly 80 other businesses in the area. Unfortunately, Lee is not alone. The fact is that there is a whole industry made up of people who prey on and strong-arm small businesses in order to make money off of ADA lawsuits. To these trolls, it is about making money, not helping the disabled.
Why You May Not Want to Disclose a Disability When Job Hunting
The Cheat Sheet
Federal laws prohibit most employers from discriminating against people with disabilities, but a new study suggests that many still favor non-disabled workers when it comes to hiring.