The Los Angeles Employment Attorney Services blog is an online portal of elite group of employment and labor law attorneys of Mesriani Law Group.
Showing posts with label disability discrimination. Show all posts
Showing posts with label disability discrimination. Show all posts

Wednesday, September 12, 2012

Goodyear Tire and Rubber Company Agrees to Settle Disability Discrimination Lawsuit

U.S. giant tire maker Goodyear Tire & Rubber Company recently agreed to settle a disability discrimination lawsuit filed against it by paying the monetary relief and submitting to several terms and conditions set forth in its consent decree.

The said disability discrimination lawsuit was filed by the Equal Employment Opportunity Commission (EOOC) before the office of the U.S. District Court for the Eastern District of North Carolina.

According to court documents, in October 2007, Alisha Adams applied as a tire builder at Goodyear. Adams was given a conditional offer of employment and during the post-offer medical examination in Goodyear’s Fayetteville facility, Adams said that she had menorrhagia.

Menorrhagia is a condition characterized by heavy and prolonged menstrual period at regular intervals. It can be caused by abnormal blood clotting and usual hormonal regulation periods disruption. Depending on each case, it may be associated with unusual painful periods, which are often referred to as dysmenorrhea.

Going back to the lawsuit, allegedly, after Adams’ revelation regarding her condition, she was required to obtain separate medical opinions from two physicians who both declared her fit to work. Adams started working for Goodyear in January 2008; however, a few weeks after Adams told her supervisor that she had a bleeding disorder, she was subsequently fired.

Such alleged misconduct clearly violated the Americans with Disabilities Act (ADA), which illegalizes discrimination on the basis of disability.

Aside from the $20,000.00 monetary relief that Goodyear has to pay, it is further required to enter into a two-year consent decree to settle the lawsuit. Included in the consent decree are the following actions that Goodyear must take:

•    Provide anti-discrimination training to managers, supervisors, human resource and senior employees.
•    Post a notice with information covering employee’s rights under federal anti-discrimination laws.
•    Provide periodic reports under federal anti-discrimination laws.
•    Provide periodic reports to the EEOC on its hiring practices.

Goodyear is the biggest tire manufacturer in North America and Latin America and the second largest tire make in Europe. Its main office is located at Akron, Ohio, and employs more than 69,000 workers around the world.

Incidentally, the statutes on disability discrimination include many other stipulations that protect individuals against employer harassment. If you have any disability and you have been discriminated by an employer, do not hesitate to consult with an experienced employment attorneys like a Los Angeles discrimination attorney. That way, you would be properly guided and represented in court or in mediation efforts.


Wednesday, September 5, 2012

Daily Newspaper “Jackson Sun” Agrees to Pay $150,000 to Settle Disability Discrimination Lawsuit

The Gannett daily newspaper in Jackson, Tennessee, The Jackson Sun, has agreed to pay the amount of $150,000 to settle a disability discrimination lawsuit.

Aside from the monetary relief, The Jackson Sun was also required to provide other reliefs to settle the lawsuit, the Equal Employment Opportunity Commission (EEOC) said in a press release.

According to the lawsuit that was filed by the EEOC against the said daily newspaper before the U.S. District Court for the Western District of Tennessee, Eastern Division, The Jackson Sun terminated a commercial print manager exactly a week after his return from a medical leave. The employee was forced to take a leave to undergo a back surgery that left him with permanent spinal cord injury.

In its lawsuit, the EEOC claimed that the newspaper could have accommodated the employee without an effort and that the employee’s termination was unreasonable.

Under the Title I of the Americans with Disability Act (ADA), employers are required to provide reasonable accommodation to an employee with a disability unless the employer presents that the accommodation would bring an undue hardship.

As always, the lawsuit was filed upon following due process. And now, both parties have agreed to settle the same. However, The Jackson Sun should first provide training to all of its employees regarding discriminatory practices, and provide an annual report to the EEOC regarding any requests for an employee’s accommodation as well as the company’s response to the request.

Also, The Jackson Sun was required to post a notice regarding the lawsuit to be read by its employees and was directed to include its contact information on the post. Moreover, the newspaper was likewise required to modify its policy regarding medical and disability leave.

Such lawsuit could have been prevented if only the company had simply made a good-faith effort at a reasonable accommodation, informed the regional attorney for the EEOC’s Memphis District Office, Faye A. Williams. Williams further said that the EEOC will pursue in litigating such cases to make sure that employers abide with the very reasonable provisions of the federal disability rights law.

The statutes on disability discrimination include many other provisions that protect employees with disabilities against employment discrimination. If you have any disability and you have been discriminated by any company or employer, consult with a Los Angeles employment discrimination lawyer.