Two Hawk Employment Services To Pay $30,000 To Settle EEOC Disability Discrimination Suit
Two Hawk Employment Services, LLC, a Lumberton, N.C., temporary employment agency, will pay $30,000 and provide other relief to settle a disability discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today. EEOC had charged that Two Hawk violated federal law when it made illegal medical inquiries of job applicants and failed to retain employment applications as required by federal law. The suit also alleged Two Hawk failed to hire an applicant because she disclosed her disability during the application process.
Kroger to Pay $33,000 to Settle EEOC Disability Discrimination Suit
The Kroger Company of Michigan will pay $33,000 and provide other relief to settle a federal disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC).
According to the lawsuit, Kroger allowed an employee at its Howell, Mich., store, who was hired as a stock person, to work as a cashier as a reasonable accommodation for her back impairment. However, a few months later, after it learned that her restrictions were permanent, Kroger fired her, EEOC said.
Such alleged conduct violates the Americans with Disabilities Act (ADA). After first attempting to reach a pre-litigation settlement through its conciliation process, EEOC sued Kroger in U.S. District Court for the Eastern District Court of Michigan (EEOC v. The Kroger Company of Michigan, Case No. 2:14-cv-13757).
In addition to the monetary relief, the three-year consent decree settling the suit provides for injunctive relief, training on the ADA, and reporting to EEOC.
"Federal law expressly prohibits employers from refusing to provide a reasonable accommodation to employees with disabilities," explained EEOC Trial Attorney Nedra Campbell. "An employer must always seriously consider whether it can make an accommodation before downgrading or firing employees," she added.
Law Firm Targeting Colleges Alleging ADA Noncompliant Websites
The National Law Review
Many colleges and universities are dealing with threatened litigation from a Pennsylvania law firm relating to claims that their websites are not compliant with the Americans with Disabilities Act (“ADA”). Essentially, the claimants in these cases assert that the websites are not accessible by visual or hearing impaired individuals.
ADA standards for websites have yet to be fully established, and as a result, some institutions have not yet modified their websites to accommodate users with disabilities. The claimants, all represented by the same law firm, seek to negotiate a settlement with the targeted institutions. The proposed settlement consists of a cash settlement and an agreement to modify the website to permit the use of the website by disabled individuals.
If your institution is contacted by a law firm claiming to represent such claimants, you should seek counsel promptly. There are significant issues concerning whether these claimants have the requisite standing to assert claims under the ADA. Importantly, before facing threatened litigation, institutions should evaluate their websites to ensure that they are accessible by individuals with disabilities. Ensuring compliance with recognized accessibility standards will reduce, if not eliminate, an institution’s exposure for such disability discrimination claims.
Blind man claims McDonald's drive-thru is discriminatory, files lawsuit
Fox News
A Louisiana man is suing McDonald’s over its drive-thru policy that prohibits customers without wheels from using the service.
Scott Magee, who is blind, says the fast food chain’s refusal to accommodate those who cannot drive is a violation of the Americans with Disabilities Act.
Employee Drug Intervention: What to Expect, How to Prepare
Huffington Post
Watching an otherwise high-performing, highly successful employee struggle with drug addiction can be an incredibly difficult and emotional experience for everyone involved. As a supervisor, it’s natural to experience a host of feelings, including frustration, disappointment, and anger at your employee. If the employee is someone you mentor, you may feel a profound personal betrayal. You may worry about your employee’s future and wonder how best to help. Even if you have sat down one-on-one with your employee to discuss his changing workplace performance or ask about substance abuse, this is not the same as an employee drug intervention. A professional interventionist who is experienced with workplace interventions should manage an employee drug intervention.
Spokeo May Raise the Bar for Standing in ADA Title III Cases
JD Supra
The U.S. Supreme Court’s recent Spokeo decision may lead to more careful scrutiny of whether ADA Title III plaintiffs have a sufficiently “concrete” injury to confer jurisdiction in federal court.
When Is Employee Leave A Reasonable Accommodation? - Latest EEOC Publication Preaches Flexibility
JD Supra
Five years ago, faced with mounting frustration of employers of all sizes in their efforts to comply with the Americans with Disabilities Act (ADA), the Equal Employment Opportunity Commission (EEOC) announced that it would provide much-needed guidance on the complex issue of leave as a reasonable accommodation for employees with disabilities. The long wait is finally over.
JD Supra
Under the Americans with Disabilities Act (ADA), places of public accommodation must ensure equal access to the goods and services they offer to disabled individuals. Is a company website subject to the ADA? The answer to that question is not as clear as website operators would like. This is a gray area where the law is unsettled and evolving and the uncertainty has created an opportunity for plaintiffs’ lawyers, who are increasingly filing lawsuits and sending demand letters asserting that businesses’ websites violate Title III of the ADA, which prohibits discrimination based on disability in places of public accommodation.
Join Pepper Hamilton partners Charles S. Marion and Jeffrey M. Goldman for an informative discussion on the applicability of the ADA to company websites, how this area of the law is evolving, current cases surrounding this issue, and what steps your company can take to limit its exposure in this area. Alana Sharenow, Director - Legal Counsel of Dunkin' Brands will join our panel to give an industry perspective to our discussion.
EEOC Takes Aim at Erroneous Application of ADA “Safe Harbor” to Wellness Programs
Lexology
In its preamble to the final regulations under the Americans with Disabilities Act (“ADA”) published May 17, 2016, which will be the topic of an upcoming blog post, the Equal Employment Opportunity Commission (“EEOC”) once again reiterated its disagreement with the district courts’ application of the bona fide plan safe harbor to the wellness programs in Seff v. Broward County and EEOC v. Flambeau, Inc. (discussed in a prior post).