Georgia Power to Pay over $1.5 Million to Settle EEOC Disability Discrimination Suit
EEOC filed suit in 2013, charging that Georgia Power Company violated federal law by refusing to hire applicants and firing employees based on their disabilities or perceived disabilities. According to EEOC's complaint, in some cases, Georgia Power disregarded the opinions of treating physicians who supported the employees' and applicants' ability to work. Rather than independently evaluating each employee or applicant, Georgia Power simply refused to hire disabled applicants or return employees to work following a medically related absence, the agency alleged. EEOC said that in other cases, Georgia Power automatically disqualified employees and applicants under its seizure policy or its drug and alcohol policy, without individually assessing the employees' or applicants' ability to work. The company's discriminatory policies and practices affected 24 individuals, EEOC said.
Sleep Review
An Austin-based detective with narcolepsy who filed suit against the city and her employer, the Austin Police Department, was awarded $220,327 in back pay and $20,000 in pain and suffering, after years of litigation.
In March 2012, Amy Lynch filed a lawsuit against the city and Austin Police Department alleging that the department failed to accommodate her Americans with Disabilities Act request, discriminated against her because of her disability, and retaliated against her for several reasons including her complaint with the Equal Employment Opportunity Commission (EEOC) in 2011. Lynch later filed another complaint in 2013 and the EEOC ruled in her favor for both complaints.
Colin Walsh, a trial attorney with law firm Rob Wiley P.C., who represented Lynch says Lynch initiated this suit “for all the right reasons” and wanted to not only assert her rights, but also “give hope and courage to others who are being discriminated against because of narcolepsy or other disabilities.”
Online tool can help explain medical, disability related leave
Dearborn Country Register
The U.S. Department of Labor unveiled a new online tool to help employees and employers understand the medical and disability leave to which employees may be entitled to manage medical conditions and disabilities.
The launch of the “Medical- and Disability-Related Leave Advisor” helps mark the contributions of America’s workers with disabilities and to educate employers about how to effectively recruit and retain these workers. Effective stay-at-work and return-to-work initiatives for employees who experience unexpected illness or disability are among the options.
The new tool asks users a few questions, such as type of business or organization, workforce size and if the entity receives federal financial assistance; with that information, the advisor quickly directs users to federal employment laws that apply and provides additional information.
These laws include the Family and Medical Leave Act which provides eligible employees of covered employers up to 12 work weeks of leave in a 12-month period for certain reasons, among them the employee’s own serious health condition; and the Americans with Disabilities Act and other disability nondiscrimination laws, under which leave may be considered.
“We know that employers want to support their employees, especially when unexpected illness or injury occurs,” said Jennifer Sheehy, deputy assistant secretary of labor for Disability Employment Policy. “The new Medical- and Disability-Related Leave Advisor helps employers understand the intersection between different laws – including the FMLA and ADA – that may impact a worker’s right to leave.”
The leave advisor is one of a series of Employment Laws Assistance for Workers and Small Businesses Advisors the department provides to help employers and employees understand their rights and responsibilities. Together, the department’s Office of Disability Employment Policy, Wage and Hour Division and Office of the Assistant Secretary for Policy developed the new tool.
Man alleges he was wrongfully terminated by Ford Bacon & Davis because of disability
The Louisiana Record
A Tangipahoa Parish resident claims his general contractor employer wrongfully terminated him.
Jesse Wayne Mathis filed a complaint on Oct. 14 in the U.S. District Court for the Eastern District of Louisiana against Ford Bacon & Davis LLC alleging violation the Family and Medical Leave Act and the Americans with Disabilities Act.
According to the complaint, the plaintiff alleges that during his employment with defendant, his arthritis became painful and required medical attention. The suit states he was allowed to work from home. In January, the suit states he was fired because his assignment had ended. The plaintiff holds Ford Bacon & Davis LLC responsible because the defendant allegedly failed to make a reasonable accommodation to his known physical or mental limitations and subjected him to adverse employment action.
The plaintiff requests a trial by jury and seeks an order for his reinstatement and to make him whole by paying monetary and non-monetary benefits, attorneys' fees, costs and expenses and such other relief as the court deems just and proper. He is represented by Thomas J. Hogan Jr. of Hogan Attorneys in Hammond.
U.S. District Court for the Eastern District of Louisiana Case number 2:16-cv-15603
Kroger sued by Nashville woman for pregnancy discrimination in class action suit
The Tennessean
Jessica Craddock had worked at the Kroger on Charlotte Pike for two years when she began feeling sharp abdominal pains from her pregnancy, the Nashville woman recalls.
In her fifth month of pregnancy, her baby dropped in her cervix and she was at risk for preterm labor. Her doctor said in a note that she would need to refrain from heavy lifting at work. For two weeks, a manager allowed her to avoid carrying boxes of chicken and supplies in the deli department. But after another doctor visit, a store manager told her such lifting restrictions were against Kroger policy and sent her home, Craddock said. She could return when she had no restrictions, according to the filing.
“I was in shock,” Craddock, 24, said. “I was thinking to myself, ‘How am I going to pay my bills? How am I going to provide for my child?’”
In a class action lawsuit filed Tuesday, Craddock is seeking a policy change from Kroger that will allow pregnant women to receive workplace accommodations. The suit claims that Kroger's current policies violate the Pregnancy Discrimination Act that requires employers to treat pregnant workers the same as other workers. Kroger allows workers injured on the job to receive accommodations and the same policies should apply to pregnant workers who needed similar restrictions, according to the lawsuit.
Bank websites are the new focus under Title III of the Americans with Disabilities Act
Lexology
Recently, there has been an increase in the number of claims under Title III of the Americans with Disabilities Act (ADA) regarding the accessibility of websites. Of those claims, many of the potential plaintiffs are specifically targeting banks and other financial institutions, alleging that their websites are not accessible to individuals with disabilities.
Title III of the ADA covers public accommodations and commercial facilities and provides, in pertinent part: “[n]o individual shall be discriminated against on the basis of a disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation.” The regulations set forth categories of entities that qualify as public accommodations, which specifically include banks as “service establishments.” Thus, the accommodation requirements of Title III apply to at least the physical location of a bank or similar financial institution.
At issue in the recent influx of claims is the extent to which a bank’s website must accommodate disabled patrons. The Department of Justice (DOJ), which enforces Title III of the ADA, has not yet issued regulations, accessibility requirements or guidance relating to whether and how commercial websites can comply with Title III. The DOJ previously planned to issue regulations interpreting Title III in the spring of 2016 but announced late last year that it would not finalize the regulations until 2018 at the earliest. The DOJ stated that it first wanted to focus on similar regulations for entities covered by Title II of the ADA, which applies to government entities and federal contractors.
In the meantime, the DOJ has taken the view, at least as it would apply to state and local governments, that such entities must make their websites accessible to consumers with disabilities. The DOJ has previously explained that “. . . [t]he Internet plays a critical role in the daily personal, professional, civic, and business life of Americans. The ADA’s expansive nondiscrimination mandate reaches goods and services provided by public accommodations and public entities using Internet websites.”
Despite not having clear regulatory or case law on the specific issue, it is important for banks and other financial institutions to be aware of this issue and to consult with legal counsel on assessing compliance and risk. If you receive a settlement demand from a plaintiff’s law firm, we urge you to contact your legal counsel to determine the best course of action for your institution.
Medical Inquiry Restrictions Complicate Accommodating Hidden Disabilities
Bloomberg BNA
A significant uptick in charges filed with the Equal Employment Opportunity Commission indicates a large number of employees with invisible disabilities have issues in the workplace.
According to statistical charge data, 26,653 discrimination claims related to non-obvious disabilities were filed with the federal agency in 2011, and 29,281 claims were filed in 2015, Administrative Law Judge John Henderson said. These data, which don't encompass charges filed with state agencies, demonstrate “this trajectory is going up,” the EEOC ALJ said.
As a result of these increasing charges and the ADA Amendments Act of 2008, it's critical that employers know appropriate ways of engaging with employees in order to provide effective reasonable accommodations. The ADA Amendments Act broadened the definition of disability to include impairments that substantially limit the operation of certain non-obvious major bodily functions.
Impaired Access: ADA Website Accessibility Lawsuits On the Rise
Lexology
An increasing number of class action lawsuits have been filed over the past year against private companies by individuals alleging violations of the Americans with Disabilities Act (ADA) for failure to maintain websites that are accessible to the blind and visually impaired. Since early 2015, approximately 240 lawsuits have been filed by a handful of plaintiffs' firms against companies in the retail, hospitality, and financial services industries alleging ADA violations related to website accessibility. Most of these suits have resulted in settlements that, in addition to the payment of some amount of financial remuneration to the plaintiffs, require companies to make their websites ADA compliant. The steady shift in our economy from traditional brickand-mortar stores to online commerce has brought increased attention to website accessibility. Given the increasing number of website accessibility suits, it is important for any company that maintains a web presence that constitutes a "place of public accommodation" to understand the requirements of the ADA.
Access Portsmouth helps disabled navigate city
New Hampshire Business Review
Portsmouth architectural firm JSA Inc. has launched Access Portsmouth, a web-based initiative aimed at helping people with disabilities navigate the city.
JSA said its overall goal is to raise awareness, inspire a spirit of inclusiveness and influence other communities to do the same throughout New England and beyond.
A team led by JSA principal Todd Hanson is visiting local businesses to rate the accessibility of various features, including the front entrance, restrooms and the parking.
“We look for access-friendly because sometimes, in our old buildings, accommodations are not quite fully ADA compliant,” Hanson said. “With some effort, most Portsmouth businesses do what
they can to give people of all abilities a warm Portsmouth welcome.”
Council highlights ADA accessibility issues for new airport terminal
Wyoming Tribune
Not long from now, Cheyenne Regional Airport will have a brand-new terminal, and one group wants to make sure the airport will serve those with disabilities the best it can.
The Mayor’s Council for People with Disabilities has been working with airport officials for several months, bringing attention to issues like the number of handicap parking spaces and the distance people have to cover to get from the parking area to the terminal.
The airport is moving forward with plans for a new terminal, with construction to begin this spring.
But while the new terminal is designed and will be compliant with the Americans with Disabilities Act, there are changes that can make the airport even more accessible.
Even small things like different door handles can be a major help, council members said.
On Monday, the council had members demonstrate difficulties those with different types of disabilities have in getting around, particularly in restrooms.
Judy Clemons, the finance and human resources manager for the airport, said airport officials want “to build an airport for the future.”
DMEC Announces Certified Leave Management Specialist (CLMS) Program
PR Web
The Disability Management Employer Coalition (DMEC) today announced the release of its new Certified Leave Management Specialist (CLMS) program, the only professional designation of its kind that provides interactive, hands-on training to enable leave managers to implement programs that comply with the growing number and complexity of laws and regulations.
Leave under the Family and Medical Leave Act (FMLA) is now a central part of the American workplace. Developing and implementing leave programs that effectively comply with the FMLA, the Americans with Disabilities Act (ADA), and related laws and regulations is now an essential part of the leave management profession.
“While the risks of non-compliance have increased, the opportunities available to leave professionals who can help employers ensure compliance have grown even faster,” said Terri L. Rhodes, CEO, DMEC. “The CLMS program is the only leave designation that opens the door to professional opportunities created by the new emphasis on mandated employee leave.”
The CLMS designation is obtained through completion of an online course consisting of five modules plus a final exam. Participants will spend approximately 20 hours learning from real-life scenarios involving FMLA, ADA, and more. Downloadable toolkits, sample policies, up-to-date guidance, resources, and forms are also provided.