Mine Rite Technologies Sued For Disability Harassment And Discrimination
Mine Rite Technologies, LLC violated federal law by subjecting an employee at its Buffalo, Wyo., location to a hostile work environment based on his disability, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today. The EEOC also charged the company with forcing the employee out of his job because of his disability.
According to the EEOC's suit, the employee, who had served in the military, suffered from post-traumatic stress disorder (PTSD). While he was employed with Mine Rite as a welder, the employee's supervisor repeatedly referred to him as a "psycho" and uttered similar epithets about him to his coworkers, the EEOC said. The supervisor also referred to Thursday as "Psycho Thursday," because that was the day of the week that the employee attended therapy sessions at a Veterans Administration facility to treat his PTSD. The lawsuit also alleges that Mine Rite's two principal owners were aware of the ongoing harassment but took no steps to put an end to the abuse. The EEOC further said that the harassment became intolerable and that the employee was forced to quit to avoid further abuse.
Such alleged conduct violates the Americans with Disabilities Act (ADA), which prohibits disability discrimination and harassment. The EEOC filed suit (EEOC v. Mine Rite Technologies, LLC, Civil Action No. 2:17-cv-00063-SWS) in U.S. District Court for the District of Wyoming after first attempting to reach a settlement through its pre-litigation conciliation process. The lawsuit seeks back pay, compensatory damages, and punitive damages, as well as appropriate injunctive relief to prevent discriminatory practices in the future.
"The ADA protects our veterans who suffer from PTSD," said EEOC Phoenix District Office Regional Attorney Mary Jo O'Neill. "No employer should ever allow harassment of our veterans who served this country simply because they are getting the care they need and deserve."
Elizabeth Cadle, director of the EEOC's Phoenix District Office, added, "Veterans should not have to hide the fact that they have disabilities and are receiving treatment. The agency will continue to fight against employers who discriminate against veterans with PTSD."
Tulare County businesses face landslide of ADA lawsuits
Visalia Times-Delta
A San Jose law firm has filed hundreds of lawsuits in federal court against Central Valley businesses, alleging failure to comply with Americans with Disabilities Act standards.
Judge Dismisses ADA Website Lawsuit - By Jim Butler
Hotel News Resource
As we predicted, more and more of these lawsuits allege that a company’s website and reservation system is not accessible to visually impaired customers. In his article below, Marty Orlick reports why a recent U.S. District Court decision may affect the future of ADA website litigation, and urges hoteliers to ensure their websites are accessible.
Shorter Workday, Less Pay = Reasonable Accommodation
Lexology
An employer did not run afoul of federal law by shortening an employee's workday—and decreasing her pay as a result—as a reasonable accommodation of her religious needs, an Illinois federal court ruled. A Muslim employee objected when her shift was changed from 7 a.m.–4 p.m. to 9 a.m.–6 p.m., as she needed to be at a daily religious program held between 4 and 6 p.m. Her employer agreed to shorten her shift to end at 4 p.m. and decreased her pay accordingly. She was later fired after an injury caused her to miss work and the parties disagreed about time off. In her complaint, the employee claimed that the employer engaged in religious discrimination because shortening her workday diminished her earnings. But the court sided with the employer, finding the schedule modification constituted a reasonable accommodation even with the decrease in pay. No authority required the employee be permitted to work as many hours as she would have otherwise been entitled to, the court said, granting summary judgment on the religious discrimination claim.
The Practical EmployerJob Descriptions Count (but not as Much as You Think) in ADA Cases
Workforce Management
A written job description is only one of seven factors courts consider in determining whether that function is essential to the job:
- The employer’s judgment as to which functions are essential;
- Written job descriptions prepared before advertising or interviewing applicants for the job;
- The amount of time spent on the job performing the function;
- The consequences of not requiring the incumbent to perform the function;
- The terms of a collective bargaining agreement;
- The experience of past incumbents in the job; or
- The current work experience of incumbents in similar jobs.
Thus, written job descriptions are important, but are not dispositive of a job’s essential functions. Just because you list a function as “essential” doesn’t mean a court has to take your word for it. If the other six factors show otherwise, then they will carry the day, and not the written job description.
Man accuses Vicky's Tire Formula 1 of violating ADA regulations
Florida Record
A disabled man alleges a Miami business has barriers that restricted his access to the facility.
Renzo Barberi filed a complaint on March 24 in the U.S. District Court for the Southern District of Florida against Vicky's Tire Formula 1 Inc. and Tomas D. Fonseca citing the Americans with Disabilities Act.
According to the complaint, the plaintiff alleges that he uses a wheelchair and that he was not granted full and equal access to the defendant's facility. The plaintiff holds Vicky's Tire Formula 1 Inc. and Fonseca responsible because the defendants allegedly failed to design and construct such premises to be accessible to and accommodate persons with disabilities.
The plaintiff requests judgment against the defendants, injunctive and declaratory relief, attorney's fees, all costs, other expenses, and further relief as it deems proper. He is represented by Ronald E. Stern of The Advocacy Law Firm PA in Hallandale Beach.
U.S. District Court for the Southern District of Florida Case number 1:17-cv-21123
Is your website ADA compliant?
WPTV.com
New wave of ADA lawsuits target FL businesses
Man sues Jesuit school in Denver claiming discrimination due to his disability
The Denver Post
A Lafayette man who suffered brain damage in a 1992 car accident has sued the Arrupe Jesuit High School in Denver claiming he was fired as a bus driver two days after he was hired because of his disability.
Andrew O’Connor filed the lawsuit Friday in U.S. District Court in Denver seeking unspecified compensatory and punitive damages for the infliction of severe emotional distress and mental anguish.
The lawsuit claims that Tom Mallary, director of the Arrupe Corporate Work Study Program, fired O’Connor on Feb. 18, 2016, because of his disability in violation of the Americans with Disabilities Act.