Camber Corporation to Pay $100,000 to Settle EEOC Disability and Age Discrimination Suit
Defense Contractor Refused to Transfer Employee Due to Son's Disability, Then Fired Him, Federal Agency Charged
LA Louisanne Restaurant Settles EEOC Pregnancy Discrimination Lawsuit For $82,500
Los Angeles Cajun Restaurant and Nightclub Denied Pregnant Servers Work, Federal Agency Charges
Steel Painters Sued by EEOC For Disability Discrimination
Painting Company Fired Worker Because It Regarded Him as Having a Disability Due to His Drug Treatment, Federal Agency Says
EEOC Sues Hawaii Medical Service Association for Class Disability Discrimination
Employees Forced to Resign After Denial of Reasonable Accommodation, Federal Agency Charges
Infrequent Job Tasks May Still Be ADA Essential Function
JD Supra
The Americans with Disabilities Act is not an affirmative action law, meaning that employers are not required to hire or continue the employment of disabled persons who cannot perform essential job functions after reasonable accommodations have been provided. What happens if the claimed essential functions are rarely performed? According to a recent unpublished decision from the Tenth Circuit Court of Appeals, the employer can still require the disabled person to be able to perform this work.
In Mielnicki v. Wal-Mart Stores, Inc. the plaintiff was a mentally disabled maintenance worker who refused to clean the men’s restroom when asked. Her physician requested an accommodation that would excuse her from this task on the basis that her developmental disability resulted in a fear of assault if she was placed in this situation. Wal-Mart declined and terminated the plaintiff. She sued, claiming failure to provide reasonable accommodation under the ADA.
The Tenth Circuit affirmed dismissal of the complaint. The plaintiff argued that cleaning the restrooms was not an essential function of her job. As proof, she alleged that she had not been asked to perform this function for 14 years. The court rejected this argument, noting that failure to require an employee to perform a job task for a substantial period of time does not prevent the employer from contending that it is an essential function.
Wal-Mart was significantly helped in this case by evidence showing that the employee who previously cleaned the restrooms had recently quit. In other cases, federal courts have found that if a function has not been performed by anyone for a considerable period of time, this is strong evidence that it is not essential. Employers should document all essential functions in written job descriptions that explain the total job requirements and highlight those deemed to be the reasons why the job was created in the first place.
Pregnant daycare worker fired for going to restroom proceeds under ADA, not Title VII
A federal court in Pennsylvania has refused to dismiss ADA and state-law claims by a childcare worker that the daycare discriminated against her because of a pregnancy-related disability by firing her for leaving a classroom "out of ratio" to use the restroom. She had told the employer her pregnancy was "high risk" due to urinary tract infections and she provided a doctor's note stating she required frequent use of the bathroom. Though pregnancy alone is not a disability, the complications she alleged could suffice, ruled the court. On the other hand, the employee's Title VII discrimination claims failed because she did not allege anyone outside her protected class was treated better, nor did she allege other facts raising an inference of sex or pregnancy discrimination. (Wadley v Kiddie Academy International, Inc, EDPa, June 19, 2018, Pappert, G.)
Deaf applicant sues PSC, saying he was discriminated against in sign language job
Pensacola News Journal
A deaf American Sign Language teaching applicant is suing Pensacola State College claiming he was over-qualified and overlooked in favor of a hearing-capable applicant.
Mark Eurlichmann, 61, filed the lawsuit in federal court this week, alleging the school was discriminatory against his impairment when he applied to be an adjunct ASL teacher in March 2017.
The position required a bachelor degree, according to the suit, and Eurlichmann has a Bachelor of Arts degree in Deaf Studies as well as a Master of Divinity.
He claims he is qualified for the position and is a qualified individual with a disability relating to his being deaf.
For disabled travelers, technology helps smooth the way — but not all of it
The Seattle Times
Technology can help disabled travelers through an airport and security lines, but the advantages usually stop at the door of the plane.