Management statements, timing support claim employee fired for alcohol-related leave
Citing evidence showing that the decision to terminate an employee was made almost immediately following his request for leave to attend an alcohol rehabilitation program, along with written and oral statements by company management—including “[w]e have too many signs to ignore and not proactively address”—a federal district court in Ohio denied summary judgment against the employee’s FMLA and ADA claims. A juror could reasonably infer that an investigation and report finding he misappropriated company property were part of a cover-up to make his termination appear legitimate, said the court (Lankford v Reladyne, SDOhio, November 19, 2015, Black, T).
Telling HR positive drug test was due to back pain meds not notice of ‘disability’
An employee fired for violating a policy that required him to notify his employer of prescription drugs that might affect safety, and to provide a copy of the prescription and a physician’s release, had his ADA claims tossed on summary judgment because he never notified the employer that he had a disability and never requested an accommodation. Merely explaining to an HR manager that his positive drug test result was due to prescription oxycodone he took for back pain was not enough to constitute notice of a disability, concluded a federal district court in Utah (Angel v Lisbon Valley Mining Co, LLC, DUtah, November 23, 2015, Jenkins, B.).
Beverage Distributors Company to Pay $160,000 to Settle EEOC Disability Lawsuit
Beverage Distributors Company, a wholesale liquor distribution company in Colorado, will pay $160,000 and furnish other relief to settle a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC).
According to EEOC's lawsuit (EEOC v. Beverage Distributors Company, LLC, Civil Action No. 11-cv-02557-CMA-CBS), Michael Sungaila, who is legally blind, worked for Beverage for over four years as a driver's helper. When the company decided to eliminate his position and instead use contract laborers, Sungaila applied for a position as a night warehouse associate. Beverage offered Sungaila the position subject to a pre-employment medical examination. Following the examination, Beverage withdrew the job offer to Sungaila due to his poor eyesight. The position involves, among other things, loading cases of liquor and kegs of beer into the back of trucks. EEOC contended Sungaila could safely perform the job.
Washington 'risking a lawsuit' by segregating disabled
KING5.com
The large number of developmentally disabled adults living in state-run institutions puts Washington at risk of being sued by the federal government.
Only a handful of states operate more institutions for people with developmental disabilities than Washington. And in Washington, more people live in these segregated settings than most of the rest of the country.
College ensures accommodation after disability complaints
The Inquirer
Two legal settlements are requiring campus adjustments for disabled students at DVC.
This year, the Contra Costa County Community College District settled two federal lawsuits alleging noncompliance with the Americans with Disabilities Act (ADA) on the DVC campus. Each of these settlements requires payment of monetary damages to the plaintiffs and modifications to campus structures and classrooms.
Blind voters sue Jon Husted over website accessibility
cleveland.com
A national advocacy group for visually impaired people and three Ohio voters are suing Secretary of State Jon Husted, claiming some services provided by Husted's office are in violation of the Americans with Disabilities Act.
The complaint, filed Monday in federal district court in Columbus, alleges the state's voter services website is inaccessible to visually impaired voters and the state's system of paper-only absentee ballots infringes on their right to vote.
Employers often uneasy about hiring workers with learning disabilities study shows
HR.BLR.com
As part of a survey for Learning Disability Work Experience Week in November 2015, which encourages employers to adopt more inclusive recruitment policies, charities Mencap and Inclusive Employers have published a survey of employers in the United Kingdom regarding the benefits and barriers of employing staff members who have a learning disability. Results show that employers feel uneasy about hiring these workers.
Steve Sarkisian suing USC for more than $30 million
NBCSports.com
After being given an indefinite leave of absence Oct. 11, Sarkisian was fired a day later as the Trojans’ head football coach. Sarkisian, who reportedly had a troubling past involving alcohol, checked himself into rehab shortly thereafter, and reportedly learned of his fate with the Trojans via text messages and emails on his way to a treatment center.
Now, TMZ.com reports, Sarkisian is suing USC because, the suit claims, the university broke federal law by firing a person with a disability. In Sarkisian’s case, that disability would be alcoholism.
Medical assistant claims Gettysburg Pediatrics fired her because of disabilities
The Pennsylvania Record
An Adams County medical assistant is suing her employer over a claim that she was fired due to her many ailments, which she believes is a violation of the Americans with Disabilities Act.
Dawn Vinson filed a lawsuit on Nov. 25 in the U.S. District Court for the Middle District of Pennsylvania against Gettysburg Pediatrics alleging a violation of the ADA.
According to the complaint, on or about in January, Vinson, who ailments include Barret Syndrome, hip dysplasia, attention deficit/hyperactivity disorder and depression, requested approximately one week off from work to wean herself off medications she was taken for fear that the medications would have some negative effects.
When she attempted to come back to work in or about mid-January, the lawsuit claims, her employer refused to allow her back to work. Instead, she was called into a meeting by management to provide them with a written list of all her medications and asked “numerous invasion questions,” the lawsuit claims, about her most recent medical leave.
During her next meeting with management, she was told that she was being fired for alleged performance concerns, the complaint states.
Vinson, who is seeking back pay, front pay, insurance, promotions as well as reinstatement is being represented by Ari R. Karpf, Esq. of Karpf, Karpf & Cerutti, P.C.
U.S. District Court for the Middle District of Pennsylvania Case number 1:15-cv-02262-CCC
Ohio Community College Settles Disability Suit
Inside Higher Ed
Terra State Community College in Ohio settled out of court Tuesday a suit alleging the college violated the Americans With Disabilities Act by dismissing a nursing student with a hearing disability.
Shirley Parrott-Copus, a licensed nurse practicing for 15 years, has “profound sensorineural hearing loss,” per the suit. She attended Terra State for three semesters before being admitted in 2014 to Terra State’s Registered Nurse Degree Program, which offers training for a more advanced nursing qualification. Three weeks in, however, the suit alleges Terra State “rescinded her admission on the basis of disability, failed to provide the auxiliary aids and services necessary for effective communication, failed to make reasonable modifications, and retaliated against her for requesting such auxiliary aids and services.”
Terra State said it did rescind her admission but denied all the other allegations in a court filing. One week later, however, the college made an offer of judgment, which is similar to an out-of-court settlement. The college offered Parrott-Copus $75,000 ($50,000 in damages and $25,000 for her legal fees), which she accepted.
Federal judge weighs settlement on disabled workers
Albany Democrat Herald
Workers who have intellectual or developmental disabilities told a federal judge Monday that they enjoy working in traditional jobs more than "sheltered workshops" where they interact almost exclusively with disabled co-workers.
U.S. Magistrate Judge Janice Stewart is considering whether to approve a proposed settlement in a class-action lawsuit filed by workers with disabilities, advocacy groups and the U.S. Department of Justice. DOJ lawyers say the settlement would be the first of its kind with a written finding that the Americans With Disabilities Act prohibits employment segregation for people with disabilities.