EEOC Sues M&T Bank for Disability Discrimination
Manufacturers and Traders Trust Company, doing business as M&T Bank, violated federal law when it refused to provide a reasonable accommodation and instead fired a bank manager after she returned from protected leave, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it announced today.
According to EEOC's suit, Candace McCollin had worked as a branch manager for M&T Bank for several years, most recently at M&T's Edmonson Village location in Baltimore, when she told the bank's administrative vice president that she was pregnant and suffered from a medical condition that had caused her prior miscarriages. McCollin said that she would need surgery to prevent another miscarriage. Following the vice president's instructions, McCollin went on leave under the Family Medical Leave Act and filed for short-term disability benefits. While she was on leave, however, M&T advised McCollin that the bank would fill her position unless she was medically cleared to return to work within ten days, EEOC said.
Wisconsin Court Rejects Employer’s Argument That Wellness Programs Are Insulated from Disability Law
A federal court has ruled in favor of the U.S. Equal Employment Opportunity Commission (EEOC) in a disability discrimination case involving wellness programs filed against Orion Energy Systems, the federal agency announced today. The court rejected the employer's argument that the insurance safe harbor provision in the Americans with Disabilities Act (ADA) immunizes wellness plans from ADA scrutiny.
In the Orion lawsuit (EEOC v. Orion Energy Systems, Inc., No. 14-CV-1019 (E.D. WI)), EEOC argued that Orion required Wendy Schobert to submit to medical testing as part of a wellness program or pay 100 percent of the premium for the employer-provided health insurance. EEOC contended that this violated the ADA's prohibition against involuntary medical exams. However, Orion contended that its wellness plan was covered by the ADA's so-called "insurance safe harbor," and thereby was excused from ADA compliance except if it operated as a subterfuge. Orion also argued that the plan was lawful under the ADA because it was voluntary.
Third Circuit Court determines CVS warehouse worker not fired because of disability
The Pennsylvania Record
The U.S. Court of Appeals for the Third Circuit has determined that CVS RX Services, Inc. did not fire one of its warehouse employees due to her disability.
EEOC Sues Employer Over Positive Drug Test for Prescription Opioid Painkiller
Lexology
In recent years, the abuse of prescription opioid pain medication has become a widely reported national epidemic. The New England Journal of Medicine reports millions of Americans are addicted to prescription pain medications, and The Centers for Disease Control and Prevention finds that more people died from drug overdoses in 2014 than in any year on record with the majority of deaths from opioids. The CDCP reports that 78 Americans die every day from an opioid overdose. Prescription opioid abuse also has been linked to the national increase in heroin addiction. Commonly prescribed opioid painkillers include hydrocodone (Vicodin), oxycodone (OxyContin, Percocet), morphine (Kadian, Avinza) or medications containing codeine.
However, a recent lawsuit by the Equal Employment Opportunity Commission (“EEOC”) against a Sioux Falls, South Dakota casino reveals the tension between an employer’s concern about prescription drug abuse in the workplace and complying with the Americans with Disabilities Act (“ADA”).According to the facts given in the lawsuit, Kim Mullaney applied for a position with Happy Jack’s Casino. The EEOC’s lawsuit states that Mullaney had a recognized disability under the ADA involving chronic pain and had a valid prescription for the prescription drug hydrocodone. Mullaney received a job offer from Happy Jack’s, but the offer was withdrawn after a routine pre-employment drug test came back positive for hydrocodone. According to the lawsuit, Mullaney told Happy Jack's Casino that the test reflected prescription drugs that she took for her disability, and even though she told them she would provide additional information if needed, Happy Jack's Casino refused to hire her. According to the complaint:
Because [Happy Jack’s] didn’t offer Mullaney a chance to offer proof that the drugs were prescribed by a doctor for a medically-recognized condition, the company violated the Americans With Disabilities Act. Blanket drug-testing rules that cover legally-prescribed medications do not comport with the law
Typically, most company drug testing policies include provisions that allow employers to either disclose their legally prescribed prescription in accordance with the ADA, or to otherwise explain or contest a positive test result. However, this lawsuit should service as a notice for employers to review their current drug testing policies. This workplace issue is further complicated by the ongoing decriminalization of marijuana in the United States. Approximately half the states already have legalized marijuana, for either medical or recreational use, and another eight states will be voting on the issue in November.
JD Supra
Seyfarth Synopsis: After the EEOC brought an action under the Americans With Disabilities Act against an employer who implemented a wellness program requiring employees to take a health assessment to participate, the Court granted the employer’s motion for summary judgment and denied the EEOC’s motion for summary judgment after finding that the program was voluntary. As such, the ruling is a bench-slap to the Commission in terms of its position on challenging wellness programs.
ABA Issues Staff Analysis of ADA Web Accessibility Guidelines
ABA Banking Journal (blog)
ABA today published a members-only staff analysis of the Americans with Disabilities Act’s treatment of website accessibility, outlining the current state of the law and the Department of Justice’s anticipated regulations on the topic. While Title III website accessibility rulemaking is not scheduled until 2018, plaintiffs’ attorneys are making use of DOJ’s position that banks and others have an existing duty to provide accessible web content based on the statutory obligation to “provide effective communication to persons with disabilities through the provision of auxiliary aids and services,” as DOJ has said. On this basis, they are sending banks demand letters alleging ADA violations. For more information, contact ABA’s Toni Cannady.
Donald Trump's Properties Were Sued At Least Eight Times For Disabilities Violations
Huffington Post
At least eight times over the last 19 years, GOP presidential nominee Donald Trump’s properties have been subject to lawsuits for violating the Americans with Disabilities Act, court records show. Additionally, a federal inspection found ADA violations at one of his properties.
Addressing Zika's Continued Threat to the Workplace
JD Supra (press release)
The growing prevalence of the Zika virus in the United States has already presented a number of hurdles for employers striving to create a safe and healthy workplace environment for their employees. These concerns are more immediate than ever. The recent and continuing outbreak in Florida and the emergence of state-to-state transmission within the U.S. reinforce the need for employers to stay informed of best practices for minimizing workplace health risks without overstepping critical legal boundaries between employer and employee.
The Road to Higher Education With an 'Invisible Disability'
The Atlantic
More schools are working to make a degree attainable for students with learning differences.
Campus must do more for for people with visual impairments
Daily Californian
CAMPUS ISSUES: UC Berkeley's response to a Department of Justice letter calling for more accessibility for the visually impaired to online resources was embarrassing.
Judge dismisses federal lawsuit accusing Florida of 'warehousing kids in SNFs
McKnight's Long Term Care News
A federal judge has dismissed a lawsuit against Florida health officials alleging that they unnecessarily housed hundreds of disabled children in nursing homes across the state.
The state was sued by the U.S. Department of Justice in 2013, claiming a 6-month investigation found that officials violated the American with Disabilities Act by unnecessarily institutionalizing children.
In his opinion, filed Tuesday, U.S. District Judge William Zloch ruled that the U.S. Department of Justice did not have the legal “standing” under the ADA to sue Florida over the issue. Instead, Zloch said, the ADA only allows lawsuits filed by people “alleging discrimination,” which does not include the DOJ.