Trainings & Events
News from the Federal Agencies
U.S. Equal Employment Opportunity Commission (EEOC)
Henderson Nursing / Rehab Center to Pay $50,000 to Settle EEOC Disability Discrimination Suit
Britthaven, Inc. and its successor, Principle Long Term Care, Inc., operators of a nursing and rehabilitation center, will pay $50,000 and furnish other relief to settle a disability discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC had charged that the companies violated federal law by discriminating against an employee who was diagnosed with breast cancer.
Step Three to Pay $60,000 to Settle EEOC Discrimination Suit
Step Three, Ltd., a Hawaiian resort retailer, will pay $60,000 for discriminating against an employee because of her fertility treatments and eventual pregnancy, the U.S. Equal Employment Opportunity Commission (EEOC) announced. The settlement includes widespread changes to company policy and procedures. According to the EEOC lawsuit, a female retail buyer in Honolulu informed the company that she began treatments for infertility in 2011. Upon disclosure of her disability, a company official allegedly made offensive comments about her intentions and became even less receptive upon disclosure of her pregnancy.
Alorica Pays $135,000 to Settle EEOC Disability Discrimination Suit
Alorica Inc., a telesales and data services company that acquired Ryla Teleservices, Inc., will pay $135,000 to settle a disability discrimination lawsuit brought by the Equal Employment Opportunity Commission (EEOC) against Ryla, the agency announced. According to the EEOC lawsuit, Ryla Teleservices violated federal law by firing a customer service representative diagnosed with bipolar disorder and depression, from its Kennesaw, Ga., facility rather than accommodate the employee's disability.
Providence Hospital Sued by EEOC for Disability Discrimination
Providence Hospital unlawfully refused to accommodate a disabled employee and subsequently discharged her because of her disability, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed. According to the EEOC lawsuit the hospital refused to allow an employee to return to work using cane following a disability leave.
Direct Optical Sued by EEOC for Disability Discrimination
The U.S. Equal Employment Opportunity Commission (EEOC) filed suit against Direct Optical, Inc., a Michigan eyewear retailer, for discriminating against an optician because of her disabilities. In its suit, the EEOC charged that Direct Optical discriminated against the employee because of her disabilities. when it denied her request to use her service dog at work.
Foodworks Will Pay $25,000 to Settle EEOC Discrimination Lawsuit
The Food Farmacy, Ltd. and J&T Enterprises, LLC, doing business as Foodworks, a chain of grocery stores in Connecticut, will pay $25,000 and furnish other relief to settle a disability discrimination lawsuit filed by the U.S Equal Employment Opportunity Commission (EEOC), the agency announced. According to the EEOC lawsuit, Foodworks asked disability-related questions of a class of applicants before offering them jobs.
U.S. Department of Justice (DOJ)
Department Issues New Documents on Mediation Program
The Department of Justice has issued two new publications explaining its ADA Mediation Program. Through its Program, the Department of Justice resolves many ADA complaints quickly and effectively at no cost to the parties. The documents are titled:
Resolving ADA Complaints Through Mediation: An Overview
ADA Mediation Program: Questions and Answers
Justice Department Reaches Settlement Agreement with Newseum
This Settlement Agreement resolves an investigation and compliance review conducted by the United States Department of Justice of the Newseum, Inc. under Title III of the Americans with Disabilities Act (ADA). Based on the Department's investigation and compliance review, the Department found that the Newseum, Inc. failed to make all of its exhibits, public programs, and other offerings readily accessible to and usable by individuals with disabilities and failed to furnish appropriate auxiliary aids and services to ensure effective communication with patrons with disabilities. The Newseum will take steps to correct the issues discovered during the DOJ compliance review.
Justice Department Reaches Agreement with Oklahoma Child Care Center
The Justice Department announced that it has reached a settlement with Camelot Child Development Center of Oklahoma City and Edmond, Okla., under the Americans with Disabilities Act (ADA). The settlement resolves allegations that Camelot violated the ADA by prohibiting a child with Down syndrome from field trips, and threatening to expel her, because of her developmental delays.
Justice Department Reaches Settlement Agreement with Starwood Hotels & Phoenician Golf & Resort
This agreement resolves a complaint filed under title III of the Americans with Disabilities Act (ADA) with the Department of Justice. The complaint alleged the the hotel contained accessible rooms with bathrooms that didn't meet the ADA accessibility requirements. In addition to altering the bathrooms in the guest rooms, bathrooms serving the hotel restaurant, conference area and golf course clubhouse will be altered in order to comply with the 2010 ADA standards.
Great Lakes In Focus
2014 National ADA Symposium Registration is NOW OPEN!
From The ADA National Network!
Registration is NOW Open!!
Don't miss the premiere event for 2014! Registration is now available for the 2014 National ADA Symposium.
Check out the Symposium website at www.adasymposium.org and browse all the options available for this year's event.
With multiple pre-conference options and over 70 breakout session options, we're sure you'll find plenty to love about this year's Symposium!
But, register early to ensure you get the selections you want, and to save $100 off of your registration fee. Group discounts are also available.
For additional information and questions call the Great Lakes Center at (800) 949-4232.
The Docket
Hancock v. Wash. Hosp. Ctr., 2014 BL 3143, D.D.C., 1/7/14 For more information visit http://www2.bloomberglaw.com/public/desktop/document/HANCOCK_v_WASHINGTON_HOSPITAL_CENTER_Docket_No_110cv00487_DDC_Mar
The Appeals Court for the Washington D.C. Circuit denied the appeal of a jury verdict in favor of an employer in an Americans with Disabilities Act (ADA) case. The case involved a medical assistant at a Washington, D.C. hospital where one of the essential job functions was to perform triage on patients. This involved preparing patients to be seen by doctors, escorting patients to exam rooms and recording patients' information on charts
The employee developed a nerve condition that prevented the employee from lifting more than 20 pounds and triaging patients. The hospital initially allowed the employee to modify the duties of the position to periodically excuse her from performing triage. However, the hospital eventually required the employee to return to full duty. When the employee was unable to perform triage work the hospital terminated the employee.
The employee filed an ADA lawsuit arguing that the job could be performed if the employee was not required to perform triage work. The lawsuit also argued that the hospital failed to reasonably accommodate the employee's disability.
A jury sided with the hospital, finding that the employee was not a qualified individual with a disability under the ADA because the employee could not perform the essential functions of the job with or without a reasonable accommodation.
The appeals court agreed and upheld the jury verdict. The court said that, contrary to the employee's argument, "the mere fact that an employer voluntarily accommodates an employee's disability by temporarily eliminating an essential function does not mean that the employer has irrevocably waived the essential function of the job.
The court added that, "an employee who cannot perform an essential function is not a qualified individual under the ADA, even if the employer previously chose to accommodate the employee by excusing the employee from performing the essential function.
From the ADA Expert
Question:What responsibilities do stores and other businesses have in clearing snow from parking spaces, sidewalks and other areas? It is that time of year when the snow is falling and I want to know what the ADA says about snow removal.
Answer:The Americans with Disabilities Act requires businesses as well as state and local governments to maintain the accessible features of their buildings and facilities. Maintaining accessible features includes removing snow from accessible parking spaces and access aisles, sidewalks that are part of an accessible route to entrances and that includes any curb ramps located along the accessible route. Additionally, snow should be removed from around accessible entrances and if a power door is provided removing snow from around the door activating panel.
Businesses and government agencies are not expected to have snow removed immediately after it has fallen but should take steps to remove snow as soon as possible.
